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2017-07-18
E IDIAN%=-' CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 18, 2017 at 6:00 PM 1. Roll -Call Attendance X Anne Little Roberts O Joe Borton X Ty Palmer X Keith Bird X Genesis Milam _X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Rod Enos, Southside Christian Center 4. Adoption of the Agenda Adopted 5. Future Meeting Topics — Public Forum (Up to 30 Minutes Maximum) This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. 6. Consent Agenda Approved A. St. Ignatius Catholic School Pedestrian Pathway Easement B. Bridgetower Subdivision Crossing #15 Sewer and Water Main Easement C. Model Home Furnishings Water Main Easement No. 1 D. Model Home Furnishings Water Main Easement No. 2 E. Maverik on Main Release of Easement No. 1 Meridian City Council Meeting Agenda Tuesday, July 18, 2017 — Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. REVISED Findings of Fact, Conclusions of Law, Decision and Order for Caven Ridge Estates (H-2017-0020) by New Cavanaugh, LLC Located South of E. Victory Road and East of S. Meridian Road G. Findings of Fact, Conclusions of Law, Decision and Order for Nursery Subdivision (H-2017-0048) by JLJ, Inc., Located 570 S. Linder Road H. Final Order for Tree Farm Subdivision No. 2 (H-2017-0085) by M3 Companies, LLC Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road Approval of Task Order 10044.M Materials Testing, Inc. (MTI) for the "WRRF HADWORKS CAPACITY EXPANSION — SPECIAL INSPECTIONS" project for a Not -To -Exceed amount of $129,967.00 J. Approval of Change Order No. 1 to Task Order 10577.a to Civil Survey Consultants, Inc. for the "WATER & SEWER REPLACEMENT — PINE AVE. MERIDIAN TO LOCUST GROVE - DESIGN" project for a Not -To -Exceed amount of $45,939.00 K. Approval of Change Order No. 2 to Task Order 10701.a to CH2M Engineers, Inc. for the "SCADA TECHNICAL SUPPORT FY17" project for a Not -To - Exceed amount of $25,000.00. L. Approval for Finance to Pay Vendor Payments of $1,763,736.35. M. Final Plat for Paramount Director Subdivision No. 1 (H-2017-0090) by Brighton Investments, LLC Located Southwest Corner of N. Meridian Road and W. Chinden Boulevard N. Final Plat for Howry Lane Subdivision No. 3 (H-2017-0086) by M3 Acquisitions, LLC Located 5220 S. Howry Lane O. Final Plat for Brinegar Prairie No. 2 (H-2017-0094) by Challenger Development, LLC Located 2220 N. Ten Mile Road P. Final Plat for Whiteacre Subdivision No. 3 (H-2017-0092) by Whiteacre Development Corp Located West Side of N. Meridian Road, Between W. Ashton Drive and W. Lava Falls Drive Q. Development Agreement for Caven Ridge Estates East Subdivision (H- 2017-0020) with New Cavanaugh, LLC Located South of E. Victory Road and East of S. Meridian Road , in the northwest 1/4 of Section 30, Township 3 North, Range 1 East Meridian City Council Meeting Agenda Tuesday, July 18, 2017 — Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. 91 R. Development Agreement for Geddes Subdivision (H-2017-0041) with Robert Campbell (owner) and Schultz Development, LLC Located off the Southeast Corner of N. Black Cat Road and W. Ustick Road and W. Ustick Road in the NW 1/4 of Section 3, Township 3N., Range 1W. (Parcel#S1203223480). S. Development Agreement for Preakness Subdivision (H-2017-0057) with T & M Holdings LLC located at 1155 W. Victory Road, in the NW 1/4 of Section 25, Township 3 North, Range 1 West T. Fourth Addendum to Development Agreement for Paramount Director (MDA -H-2017-0064) with Brighton Investments, LLC for a parcel of land located in Section 25, T, 4N., R1W., B.M.,Ada County, and described in Exhibit A U. Development Agreement -Paramount Director (H-2017-0064) with Brighton Investments, LLC for a parcel of land being a portion of the NE 1/4 of Section 25, Township 4 North, Range 1 West V. License Agreement Between the Nampa -Meridian Irrigation District and the City of Meridian Regarding the Five Mile Creek Pathway, Segment H2 from Badley to Fairview Items Moved From the Consent Agenda None Action Items Land Use Public Hearing Process. After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Public Hearing Continued from July 5, 2017 for Healthy Living Condominiums (H-2017-0075) by The Boise Family YMCA Located 5175 S. Howry Lane Approved Meridian City Council Meeting Agenda Tuesday, July 18, 2017 — Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. R) 10. 1. Request: Short Plat Approval to Condominiumize a Structure to Accommodate Separate Ownership for YMCA and St. Luke's B. Public Hearing Continued from July 5, 2017 for Healthy Living Subdivision (H-2017-0076) by The Boise Family YMCA Located 5175 S. Howry Lane Approved 1. Request: Short Plat Approval Consisting of Two (2) Building Lots and One (1) Other Lot for a City Park on 17.48 Acres of Land in the C -N (Neighborhood Business) Zoning District Department Reports A. Information Technology: Mobile Device SOP B. Community Development: All Things Transportation - Update on Roads, Transit and Traffic Related Projects C. Police Department: Budget Amendment for Thought Leadership Film Series Not to Exceed $22,500 Approved D. Fire Department: FY2017 Budget Amendment for Fire Station No. 6 Not to Exceed $4,716,000 Approved E. Mayor's Office and Legal: Updated Proposed Policy for Use of Unmanned Aerial Vehicles (Drones) Motion to bring back official policy approved Ordinances: A. Ordinance No. 17-1739: An Ordinance (H-2017-0057 Preakness Subdivision) For Annexation for a Parcel of Land Being a Portion of the NE '/4 of the NW '/4 Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-4 (Medium Low Density Residential District in the Meridian City code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. Approved Meridian City Council Meeting Agenda Tuesday, July 18, 2017 — Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Ordinance No. 17-1740: An Ordinance (H-2017-0041 Geddes Subdivision) For Annexation for a Parcel of Land Being a Portion of the NW'/4 of the NW '/4 Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 (Medium Density Residential) District in the Meridian City code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. Approved 11. Future Meeting Topics Adjourned at 7:50pm Meridian City Council Meeting Agenda Tuesday, July 18, 2017 — Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council July 18, 2017 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July 18, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Genesis Milam, Ty Palmer, Luke Cavener and Anne Little Roberts. Members Absent: Joe Borton. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Caleb Hood, Bill Parsons, Kyle Radek, Jeff Lavey, Mark Niemeyer, Dale Bolthouse, Mike Barton and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts _ _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: I will go ahead and start tonight's meeting at -- first of all, I thank you all for being here. For the record it is Tuesday, July 18th. It's 6:00 p.m. I will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item 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 Rod Enos, Southside Christian Center De Weerd: Item 3 is our Community Invocation. Tonight we will be led by Pastor Rod Enos with Southside Christian Center. Thank you so much for joining us. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Enos: Thank you. Father God, we thank you for just the many blessings that you have brought to our city and our community and we thank you for these men and women who have dedicated their lives to serve this community and to make Meridian a better place. So, thank you for the great blessing of prosperity that we all share in just so many ways and, Father, we just ask, Lord, your continued blessing over our city and over every family and every individual, but we pray specifically, Lord, for our Meridian City Council July 18, 2017 Page 2 of 42 first responders, for just special protection over them. Lord, tonight we pray, Lord, for just your wisdom be upon these men and women as they make decisions in regard to our city. I pray, Lord, that they be guided by your Holy Spirit, that they would do it with justice and with righteousness, that every decision will be fo r the benefit of all and, Lord, we just pray your blessing and your continued grace over us in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you so much for joining us. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Okay. On the agenda Under 10 -A the ordinance number is 17-1739 and Item 10-B is ordinance 17-1740. With that I move we approved the agenda as published and Mayor to sign and Clerk to attest. Palmer: Second. De Weerd: I have a motion and a second to approve the agenda as presented. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics – Public Forum (Up to 30 Minutes Maximum) De Weerd: Okay. There were no sign-ups under five. Item 6: Consent Agenda A. St. Ignatius Catholic School Pedestrian Pathway Easement B. Bridgetower Subdivision Crossing #15 Sewer and Water Main Easement C. Model Home Furnishings Water Main Easement No. 1 D. Model Home Furnishings Water Main Easement No. 2 Meridian City Council July 18, 2017 Page 3 of 42 E. Maverik on Main Release of Easement No. 1 F. REVISED Findings of Fact, Conclusions of Law, Decision and Order for Caven Ridge Estates (H-2017-0020) by New Cavanaugh, LLC Located South of E. Victory Road and East of S. Meridian Road G. Findings of Fact, Conclusions of Law, Decision and Order for Nursery Subdivision (H-2017-0048) by JLJ, Inc., Located 570 S. Linder Road H. Final Order for Tree Farm Subdivision No. 2 (H-2017-0085) by M3 Companies, LLC Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road I. Approval of Task Order 10044.M Materials Te sting, Inc. (MTI) for the “WRRF HADWORKS CAPACITY EXPANSION – SPECIAL INSPECTIONS” project for a Not-To-Exceed amount of $129,967.00 J. Approval of Change Order No. 1 to Task Order 10577.a to Civil Survey Consultants, Inc. for the “WATER & SEWER REPLACEMENT – PINE AVE. MERIDIAN TO LOCUST GROVE DESIGN” project for a Not-To-Exceed amount of $45,939.00 K. Approval of Change Order No. 2 to Task Order 10701.a to CH2M Engineers, Inc. for the “SCADA TECHNICAL SUPPORT FY17” project for a Not-ToExceed amount of $25,000.00. L. Approval for Finance to Pay Vendor Payments of $1,763,736.35. M. Final Plat for Paramount Director Subdivision No. 1 (H-2017- 0090) by Brighton Investments, LLC Located Southwest Corner of N. Meridian Road and W. Chinden Boulevard N. Final Plat for Howry Lane Subdivision No. 3 (H-2017-0086) by M3 Acquisitions, LLC Located 5220 S. Howry Lane Meridian City Council July 18, 2017 Page 4 of 42 O. Final Plat for Brinegar Prairie No. 2 (H-2017-0094) by Challenger Development, LLC Located 2220 N. Ten Mile Road P. Final Plat for Whiteacre Subdivision No. 3 (H-2017-0092) by Whiteacre Development Corp Located West Side of N. Meridian Road, Between W. Ashton Drive and W. Lava Falls Drive Q. Development Agreement for Caven Ridge Estates East Subdivision (H-2017-0020) with New Cavanaugh, LLC Located South of E. Victory Road and East of S. Meridian Road , in the northwest 1/4 of Section 30, Township 3 North, Range 1 East R. Development Agreement for Geddes Subdivision (H-2017- 0041) with Robert Campbell (owner) and Schultz Development, LLC Located off the Southeast Corner of N. Black Cat Road and W. Ustick Road and W. Ustick Road in the NW 1/4 of Section 3, Township 3N., Range 1W. (Parcel #S1203223480). S. Development Agreement for Preakness Subdivision (H-2017- 0057) with T & M Holdings LLC located at 1155 W. Victory Road, in the NW 1/4 of Section 25, Township 3 North, Range West T. Fourth Addendum to Development Agreement for Paramount Director (MDA-H-2017-0064) with Brighton Investments, LLC for a parcel of land located in Section 25, T, 4N., R1W., B.M.,Ada County, and described in Exhibit A U. Development Agreement-Paramount Director (H-2017-0064) with Brighton Investments, LLC for a parcel of land being a portion of the NE 1/4 of Section 25, Township 4 North, Range 1 West V. License Agreement Between the Nampa-Meridian Irrigation District and the City of Meridian Regarding the Five Mile Creek Pathway, Segment H2 from Badley to Fairview De Weerd: Item 6 is our Consent Agenda. Meridian City Council July 18, 2017 Page 5 of 42 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From the Consent Agenda None De Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing Continued from July 5, 2017 for Healthy Living Condominiums (H-2017-0075) by The Boise Family YMCA Located 5175 S. Howry Lane 1. Request: Short Plat Approval to Condominiumize a Structure to Accommodate Separate Ownership for YMCA and St. Luke's De Weerd: So, we will move into our Action Items. Item 8 -A is a public hearing continued from July 5th on H-2017-0075. I will turn this over to Bill, while opening the public hearing. Parsons: Thank you, Madam Mayor, Members of the Counc il. Before I get into tonight's presentation I did confer with the City Attorney and -- try that again. I did confer with the city attorney today at our Council prep meeting and he did indicate Meridian City Council July 18, 2017 Page 6 of 42 you could open up both Items A and B and hear them all as a -- it's the same property owner and same applicant and we can -- because they are both related to one another, so it may be simpler to open up both, but in your motions tonight that you would just -- De Weerd: Separate them out. Parsons: -- act on each one of those, so -- B. Public Hearing Continued from July 5, 2017 for Healthy Living Subdivision (H-2017-0076) by The Boise Family YMCA Located 5175 S. Howry Lane 1. Request: Short Plat Approval Consisting of Two (2) Building Lots and One (1) Other Lot for a City Park on 17.48 Acres of Land in the C-N (Neighborhood Business) Zoning District De Weerd: Okay. I will open, then, the public hearing on Item 8 -B as well on H- 2017-0076. Parsons: Thank you. I appreciate that. De Weerd: Thank you. Parsons: So, tonight -- this evening we do have two short plats in front of you this evening. Both of them are labeled as Healthy Living. One is a condominium plat and the other is a short plat or a subdivision of the land. The current property -- zoning of the property is zoned C-N and it's located at 5175 South Howry Lane. Some history on this property. It was annexed -- some of it was annexed in 2014 and the majority of the site was an annexed in 2015 and with the annexation of the entire property there were development agreements that were required and are in place that govern the development of this site. The city Planning Division has processed a couple property boundary adjustments on this parcel as well . That's to reconfigure the parcel in the way you see it today and, then, there has also been the issuance of two certificate of zoning compliance applications, one for a YMCA that is currently under construction, and the other is for the Hillsdale neighborhood park that is also I think -- believe is under construction at this point. So, as I mentioned to you -- so, the first plat before you is Item A -- is a short plat. So, basically, as I mentioned to you on the history portion, because there is a YMCA there, the applicant is wanting to condominiumize that building and separate their condos -- their building from the future St. Luke's portion of the site. So, staff has reviewed that with conformance to our standards and we find that it does comply with the re quirements of the short plat Meridian City Council July 18, 2017 Page 7 of 42 process and so we are recommending approval of that application before you this evening. The second portion of this -- the application is to subdivide the property. The applicant is proposing to divide the single parcel in to three parcels. One would be parcel -- or lot number one, which is currently the park site under construction. Lot number two is where the YMCA is currently under construction. And, then, lot three has an existing single family home on the site that is currently -- if I’m not mistaken under the ownership of the Hills family and with a previous action the Council did allow that single family home to remain on this parcel until redevelopment of this property. So, right now the home is proposed to remain as it was approved with the recorded development agreement. The applicant has frontage along South Howry Lane here, which in the future will be constructed as a future collector road and it will be called South Hillsdale Avenue. Staff has required that they provide -- all the lots have cross-access between all three parcels for access to the streets and a 20 foot wide landscape buffer is required along that collector street as well. Here is the approved site plan and landscaping approved with the YMCA bu ilding and here is the future Hillsdale neighborhood park and this shows you how they kind of interrelate to each other. If you note the road along the north boundary of this development is -- was approved with a separate preliminary plat and that would be constructed at a future date. So, right now, although it will have frontage on that local street , primary access for this development will -- for now will come off of Howry Lane and that was one of the reasons why this was continued out from the July 5th hearing is because we had to make sure that ACHD did accept the right of way for Howry Lane to be extended and we did receive confirmation of that . Staff has not received any written testimony on the application and I will complete -- conclude my presentation and stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Bird: Not at this time. De Weerd: Okay. Would the applicant like to make comment? Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Kehrer: Kelly Kehrer. 9233 West State Street, Boise, Idaho. De Weerd: Thank you. Kehrer: And Madam Mayor, Councilman, we are excited to have this before you to keep the progress going out there. Just one real minor point of clarification. The parcel with this -- that were created -- or the lot we are creating for the single family house is actually just a life estate and it's -- it's owned by the YMCA, that portion of it. Meridian City Council July 18, 2017 Page 8 of 42 It just has a life estate on that portion . So, it needed to be separated out to make things a little bit cleaner. Other than that we are in agreement with what staff put has together in their staff report. Be happy to stand for any questions. De Weerd: Thank you so much. Council, any questions for the applicant? Bird: I have none. De Weerd: Okay. Kehrer: Thank you. De Weerd: Thank you. Okay. This is a public hearing. Is there anyone who wishes to provide testimony on this item? Okay. Seeing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none I move we close the public hearings on H -2017-0075 and H-2017- 0076. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8 -A and B. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0075 and include staff, applicant comments. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion from Council? Mr. Clerk. Roll call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. Meridian City Council July 18, 2017 Page 9 of 42 De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0076 and to include all staff and applicant comments. Cavener: Second. De Weerd: I have a motion and a second for approval for Item 8 -B. Any discussion? I would like to thank you that we now have a legitimate city park lot, so thank you very much. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Our thanks. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Department Reports A. Information Technology: Mobile Device SOP De Weerd: Item 9-A is under our IT Department and -- oh, there is Dave. Tiede: Madam Mayor, Members of the Council, happy to be here before you today. It looks like I do not have control of my PowerPoint over here. So, let me go switch that real quick. I apologize. De Weerd: We need someone from the IT Department. Sorry, Dave. Tiede: That will work. I appreciate you being willing to accommodate my request to move this to a different date and time, as I was out on vacation for the last week and a half, so thank you for that. With that I will get started. So, about a year and a half ago the IT Department, along with the sports services director and the CFO, were given initiative to look at mobile devices and determine how we get a better handle on Meridian City Council July 18, 2017 Page 10 of 42 what we are supporting, what we are spending our money on, what we are spending taxpayer money on and have better understanding, have some better processes and things defined. So, this gives you an idea of some of the background here. We have seen a huge demand for mobile devices increasing over the last ten years. If you looked at us ten years ago, the amount of cell phones that got e -mails that were city issued devices or city employees were zero and that has changed . We are up to probably 300 devices that get city e-mail. So, a big increase. We have multiple occurrences where people -- we found people with multiple devices or services. We wanted to make sure that new devices -- services were justified. We want to make sure that there is proper approvals in place, so people aren't just getting these things without actually needing them. And, then, we also wanted to make sure we had consistency across the board. So, that's kind of where we started with. So, what we set out to do was to create standardization, the different technologies we were supporting, establish a business case for new devices. Define redundant devices and services and kind of -- you have seen the documentation we have today. We have actually an app -- application that people go through and submit. It's web based internal. It does the same thing, except for there is a little bit of smartness to it, so you click on something and it automatically say, hey, look, you can't get that other device, because it recognizes that it's the same type of service or device that we are offering. We addressed in that SOP upgrades and replacements, we provide some distinction between emergency services, such as fire and police and other departments that may not have as critical need for multiple services or devices and we looked at how we can consolidate. So, pretty much covers that one. So, some of our results to date. We have developed this SOP. We have a business case -- the paper for the business case represent the application as well. What it doesn't represent is the -- we have a bunch of signature areas on there. On the app that we have it actually gets routed digitally and there is e-mail notifications that go to people, so a supervisor gives approval, a director gives approval and, then, finance and IT also give approval on the various different types of devices or services that are being requested. So, we feel like that is a good way to justify it and make sure there is an actual need. We get approval by decision makers, so people are aware of what's happening and where money is being spent. We have had an opportunity to consolidate some devices and services and I will touch a little bit more on that and we are doing an annual review of these devices and services and that is something that we are doing internally as part of the budget process with Finance. So, one example -- or two examples of devices and services as being consolidated, one is the Fire Department. Many of the command staff had a desktop or laptop, plus an iPad for the various services that need -- they need to provide and we consolidate it down to a service. Now, the cost on that one for the device itself wasn't a whole lot less . It actually ended up being a wash. But the cost for supporting those devices in turn did go down, because we are supporting less devices, which is great. We did that with six devices. So, went from 12 to six, which is -- if you noticed our quarterly report you Meridian City Council July 18, 2017 Page 11 of 42 will see that some of our device counts went down and that's part of the reason why. Another department -- or division that we are working on this right now is crime investigation division in police -- or criminal investigations division in police and they are -- so far we have been able to see a lot larger savings, mainly because many of these officers had MDTs and desktops assigned to them. So, we took them down to a laptop that could serve both of those purposes at a substantial cost decrease, about 3,500 dollars per device and we did that with seven of them. So -- anyway, this is kind of just the start of it, as we are -- as we are going through -- as we are replacing things, we are replacing devices, we are trying to make sure that we look at, hey, what are the things that -- what are the actual business needs. What device is the best one to fit that need and how can we eliminate duplication , so we can reduce costs and still maintain the necessary effectiveness so -- so that pretty much covers it. Are there any -- I will stand for questions. De Weerd: Thank you, Dave. Council, any questions? Bird: I have none. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Thanks, Dave. I appreciate you giving us this presentation before our budget hearing. Can you talk to me a little bit more about the process related to upgrades and replacements and how that's -- that's vetted through the app? What education do directors have in terms of SOP and how are they being required to follow the SOP as well I guess is important for me to know. Tiede: So, Council Member Cavener, on that question I will have to divide it into two different types of service devices; right? So, we have mobile devices as it comes to cell phones, tablets, whatnot, and, then, we have laptops as well. So, tablets and laptops are in their own category and, then, cell phones are separate. So, cell phones we get through state contract, through our current provider, which is Verizon, and those upgrades as we defined in the policy, we said if there is a zero cost to the city and there is a need for an upgrade , we will do an upgrade, and in most cases that's the case, but you cannot get the latest and greatest phone in most cases, you're looking at a generation behind, which is acceptable in pretty much every case that we have ran into at this point. For tablets and laptops, those fall under IT recommendation reinforcements as we currently go through the computers. So, those are part of that process. Meridian City Council July 18, 2017 Page 12 of 42 Cavener: Madam Mayor, just one question if I can. Dave, this whole process that you have laid out is completed in four years, so I guess it's kind of how we have our replacement cycle. I guess did we start this last year or -- the first year was replacements that this SOP is being used. Tiede: This was put into place I believe in March. So, springtime last year of 2016. Cavener: So, essentially, when a full replacement cycle has been completed, what's the assumption that an employee will -- the assumption of devices that an employee will have? Essentially, either a desktop or a laptop? Tiede: At this point, so we -- what we are into was we found employees with two or three devices, which didn't seem reasonable to get the job done right and so what we are looking at is when -- when it comes up -- because, obviously, it's kind of a sum costs at this point a little bit with the devices we currently own -- but when it comes up for a replacement and we say, hey, look where can we consolidate and move things around and try to minimize that. So, depending on what the need is we will either recommend a laptop or a tablet, if that makes sense. So, this is the first budget cycle that we have done that process and -- yeah. De Weerd: However, I think you initially also looked at air cards and eliminated the need for multiple -- Tiede: We have. And we did with Fire specifically. They have it stated on most of their iPads and we reduced that. They had to shift s ome of those over to their cell phones to be able to use those devices in the field still. But another area that we looked at and consolidated services is self -serve as we have gone through our first week here about a month and a half ago to try to reduce the number of active service lines that we have that aren't in use. So, we are -- we are bringing that as part of our audit process annually, but we are actually going through a sweep right now, trying to make sure that things that aren't needed are removed and I think this last go around we removed about 12 or 15 lines of service, so -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Dave, I'm looking at the -- the SOP now. Item number four under services, devices, says -- to the end of it -- that public safety, senior management, directors and Mayor may be eligible for having the same service fulfilled up to two times if the case seems appropriate. I assume that's pertaining to the amount of devices -- Meridian City Council July 18, 2017 Page 13 of 42 Tiede: Devices and/or services. So, the specific use case that I can bring to your attention is police or fire; right? Many times they will have a cell phone issued to them -- which has a data plan associated with that cell service; right? But the MDT also has cell service associated with it or a data plan associated with it, which is actually often done through 911, not under the city, but it's the same idea where in some cases they may be able to justify that and that's, again, up to the department discretion, but for directors that's at the Mayor's discretion. Cavener: Great. Thank you. B. Community Development: All Things Transportation - Update on Roads, Transit and Traffic Related Projects De Weerd: Okay. Any other questions? Thank you, Dave. Okay. Item 9 -B is under our Community Development Department, all things transportation. We haven't heard this for quite some time and I know you have a number of things that are currently underway, which just means positive for our city. Hood: Largely, yes, Mayor. Thank you. Members of the Council. I, too, was on vacation last week, although not with -- with Dave Tiede, so I appreciate -- this would generally be at one of your workshops, but it just happened tonight you didn't have a whole lot of action items, so it worked out nicely that we could both present workshop-type updates to you on a regular hearing night. That being said, too, I did put the memo that's in your packet together bef ore vacation and I have some updates, some things are happening pretty rapidly. It's construction season in the transportation world and I have some handouts and some verbal updates on some of the things in that memo. So, hopefully, you have access to that or have looked at that previously. I'm going to kind of just run through that with you. I don't plan on reading it to you, I assume you have read what you want, take and gleaned -- looked it over anyways and looked at the projects you were most intere sted in, but I do want to highlight a couple of things as we go through and the first one I want to start with is on the second page of my memo and that has to with the Ten Mile-Amity intersection. This project isn't actually, technically, in Meridian, it is in our area of impact, but I did want to just provide an update. This is a lower priority project on our priority list and at ACHD as acts well and I failed to put in the construction timeline on that project . Right now it is a 2021 project for construction and ACHD is currently toying with having it be a 2022 project. So, just wanted to bring that to your attention that as a single lane roundabout initially, construction will most likely be in 2022, at least with the draft integrated five year plan that is anticipated to be released later on this week . So, as I mentioned it's construction season. It's also budget season, as I know you're well aware, because you got a full day of it tomorrow. Hopefully, not a full day, but at least a portion of a day tomorrow. I do want to hand out portions of the state Meridian City Council July 18, 2017 Page 14 of 42 transportation improvement program and just highlight a couple of the projects that are in Meridian that I think you will care about, some I'm going to give these to the clerk. So, I'm going to go ahead and start as that's -- as that's being passed out. One of the things you will see in there is on the last page I believe of that is an update on the STAR project that Center Cal is doing with ITD. So, as part of that agreement they were to add both northbound and southbound lanes to Eagle Road. The northbound lanes are now complete. The south bound lanes, though, haven't hit that trigger point that the STAR agreement -- it's based on the square footage of buildings and they haven't hit that trigger yet and so in the memo it says that Center Cal plans to construct additional southbound lane in 2018. Just found while I was on vacation there was some discussion amongst ITD and COMPASS and Center Cal I assume, and that's actually 2022. So, you will see that in that handout, that they are pushing it back to 2022,. It's my understanding that could advance, they just don't know when exactly they are going to hit that target. I don't think we need to read too much into that and go, oh, they are not getting any more tenants, but I have not talked to -- to Center Cal or anyone over there to -- to know that to be the case, but for the last couple of years this project has been delayed , because they haven't hit that trigger and I think they are just kind of pushing it out there to say, okay, we will put it out here and if we need to do a TIP amendment we will bring it back and we can accelerate that. But, again, I just wanted to give you the most current information on that project and there is -- are still plans to add that additional southbound lane, but it most likely won't be in the next 12 months. Then onto the -- the good news. That's the next item in the -- in the memo and it has to do with the Chi nden corridor. You probably already heard, seen 2026 in the draft ITIP there are four projects now on US 20 -26 corridor. We had the one already, this last year got put in that would widen Chinden between Eagle and Locust Grove, so just that one mile -- it's actually a little less than a mile, because it's already widened near the Eagle Road intersection on Chinden. Bring it back to Locust Grove, including some intersection improvements. In the draft TIP that I just handed out you will see those projects called out. The next miles, then, from Locust Grove to Linder are shown as new projects. So, again, that's on the first page. The first page is the one that's already in there and that's about -- about a ten million dollar project. And, then, on the second page are the new projects. The first two are unfunded. So, we are going to go on the -- on the west end of the corridor -- so, from Star Road to State Highway 16, one mile, and that one's called out separately. And, then, from State Highway 16 to Linder, so that's three miles and that's called out separately. Both of those are unfunded projects, but they are in early development. So, the state is doing some preliminary engineering and design work, but they don't actual have the construction dollars yet to put into the program. But that's still a good sign. It's a listed project. It's got dollars. It's got a name. They are given the number. They're working it through to the process. But those ones are a little bit further out. So, from Linder back to and through the State Highway 16 interchange or intersection, excuse me, to Star Road, those are a little bit further out, Meridian City Council July 18, 2017 Page 15 of 42 but, again, they are at least listed in the draft ITIP. And, then, Linder to Locust Grove, as I was just starting to mention, those two miles, then, are -- do have a construction year in 2022. So, at 2021 is Locust Grove to Eagle and, then, in 2022 they are proposing to do two more miles at about 15 million dollars, roughly, cost to get the next two miles done, which would get us to and through the Linder intersection, which is great. That's kind of what we have been -- been pushing for is four lane widening, so -- and, then, the last -- last page, again, is the Eagle Road project that I mentioned previously. So, we are -- through the Mayor's office I have been working with them a little bit to get the word out that there is a draft TIP out there and encouraging our citizens and businesses and those that travel the corridor to be involved , voice their opinion to ITD that we are thankful that these are in the TIP, but 2021, 2022, 2024, that's a ways out there. So, anything they can do to accelerate those construction -- the construction of that corridor is appreciated. So, I think that's the update on the corridor that I had, unless there is any questions about that one and I will just keep moving on. De Weerd: I think, you know, with -- I don't know that -- the public comment periods ends in next week -- or -- yeah. Next week. And so we know how many people have made comment or anything like, correct, until after that closes? Hood: Yeah. Madam Mayor, there is usually a little bit of a lag time before I can get that information, but I will certainly share that with you when we -- see if we can break our record from the last time. De Weerd: Okay. Yeah. So, Council, just -- have we sent information to Council to also submit comments? Do we want to submit a comment as a -- as the city or not this time? Hood: Yeah. Madam Mayor, I certainly can draft a letter if you would like to cosign something. I can put a letter together here and ask -- and get your signature right around -- for signature this week if you would like to do that. Sure. De Weerd: Yeah. As citizens I have -- yeah. Thank you. Appreciate that. So, encourage you all to voice your opinion, but, yeah, I think if the Council has an interest to do a letter from the city officially in -- in this round of comments as well that would be awesome, because things have changed since we sen t the original letter and we need to appreciate what they have changed. Hood: Speaking of appreciations -- so, I will work on that letter and bring that back for your review and signature. The US 20-26 task force that you put together, too, I just would like to publicly, I guess, acknowledge their work and I don't know how much influence they really had in this process, but we had some pretty dedicated Meridian City Council July 18, 2017 Page 16 of 42 folks that were part of that team as well that were working different angles to try to get this on the radar at ITD board and at the legislature and in the community and so we had some fairly regular meetings over the last couple of years and we are starting to see some of that hard work somewhat pay off, although, again, 2021, 2022 seems like a ways out there, but we have made some strides anyway. So, I want to thank them. De Weerd: Thank you. Hood: I also just want to highlight -- again, not necessarily in Meridian, but certainly I'm impacted and I bet you are, too. Interstate 84 -- and if you -- you're probably paying attention, but I just want to make sure everybody understands that there was some additional GARVEE bonding that the legislature granted to the ITD board and they are going to do the widening on the interstate here in Nampa. So, that's great news I think for even, you know, folks -- as the Mayor likes to say, you know, all roads go through Meridian. Certainly the interstate is the biggest one that does that and that -- you know, people come from Nampa, Caldwell to and through Meridian. It will just help that commute. So, I just wanted to -- again, I won't dwell on that, because I assume you all know about that, but I just wanted to highlight that, since it has been a quarter or so since I have been here to provide these types of updates. The next quick update that I have for you is on the next page of my memo and it has to do with Idaho Avenue. In the second part of that update it talks about a street closure and artist reception planned for Saturday, September 16th. So, I understand last week that the call for artists was not very successful and that event has been cancelled. So, I think that MAC is trying to do something in lieu of that, some chalk art kind of contesting again, I think similar to what they did last year. But they did not get the types of responses from artists to do more kind of semi-permanent 2D artwork in the blue zones on Idaho Avenue and it's at least been postponed or cancelled for this year until they can get more artists that are interested in participating in that, so some bad news there, but we are hopeful that there can be some other activation that maybe the business owners along that corridor, downtown in general, to really, you know, have some outdoor activities, particularly along that section of Idaho where the platforms and bike racks and other amenities were put out here a couple years ago, so -- and, then, one of the other ones that I want to spend a few mon ths on -- and I'm sorry to kill you with paper, but I have got another handout. This is hot of the press, too. So, this is a memo that is going to be presented and discussed with AC HD commission tomorrow during their commission meeting and I'm not going to read this to you and I don't expect you to read it now, but I think it does a good job of just summarizing where ACHD is in their budget process and really in the integrated five year work plan, which is -- which contains, you know, where they spend most of their money. So, again, I'm not -- you can read that for later. I have some things I want -- I want to jump to within that packet, though. It's not page numbers, but attachment Meridian City Council July 18, 2017 Page 17 of 42 two is really where I'm going to call your attention to some projects and status of them. So, again, there is a -- the draft will be shared with ACHD commission tomorrow. It's anticipated that they will release it for public consumption the next day and, then, on August 21st close their public hearing and adopt it hopefully on September 27th. So, again, this hasn't even been through the ACHD commission yet, but it was on their website and I snuck it off and going to share it with you first. So -- so, again, an attachment two I want to share the new projects, which, again, is good news; right? New projects in Meridian. Good news. We have five new roadway projects that are proposed in the draft integrated five year work plan. Eagle Road, Lake Hazel to Amity. Lake Hazel, Eagle to Cloverdale. Linder, Chinden to State. Locust Grove, Fairview to Ustick. Locust Grove, Victory to Overland. Now, some of those aren't wholly within Meridian, like the Linder, Chinden to State project, but portions of that are within our area of impact, so I counted that one anyways. And Lake Hazel, again, that section from -- between Eagle and Cloverdale, isn't wholly in Meridian, but there are sections that are in within Meridian city limits today. The intersection projects. There is a new intersection project, Victory Road and Locust Grove Road, planned for construction in 2021. Then moving onto community programs, projects, Cherry Lane and Meridian Library pedestrian crossing. So, that's one that we have been hearing -- I have been hearing anyways, some need for -- some warrant for -- by folks that are trying to cross -- the middle school students in particular crossing there, instead of an 8th Street or Linder -- the library is an attractive destination just on the other side of Cherry and we get some people that are crossing midblock there between 8th Street and Linder. So, it looks like ACHD is going to put a ped crossing and a HAWK signal in right there. And, then, Main Street and King, which is down here kind of on the south end of the split corridor just north of Franklin a little bit there at King Street, there has been some issues with the three lanes of traffic and I have even done it -- someone's stopped in the far left lane and you're like what are they stopped for and, then, you're like, oh, shoot, there is a pedestrian in the crosswalk and so some overhead to flash and things like that when a pedestrian is in the crosswalk there, so -- and some more good news. Advanced projects. Eagle Road, Amity to Victory. Linder, Cayuse Creek to Chinden. Ten Mile, McMillan and Chinden. And, then, Ten Mile, Ustick to McMillan. So, four new advanced projects -- four advanced projects and you can see the plan -- there is a current construction year and, then, the proposed 2018 to 2022 construction year. So, most of those are advancing one year. And, then, intersection projects. Fairview-Locust Grove, which is fairly high on our priority list. Lake Hazel -Eagle. And, then, Meridian Road and Lake Hazel are some intersection projects. I didn't go through the bridge projects. You can look at them for yourselves, but bridges I didn't think -- they are sort of a maintenance type of a thing and I thought -- so, one -- I don't know if it's bad news, but I mentioned it before. Ten Mile and Amity intersection, a single lane roundabout, ACHD is going to do that in 2022, instead of 2021. At least that's the plan. The draft plan. And, then, most of the removed Meridian City Council July 18, 2017 Page 18 of 42 projects on the next page are because they have been constructed or will be built by others. For example, the Eagle Road and Amity Road roundabout, currently a single lane roundabout, but development is to make that a dual lane roundabout here in the near future. So, it's coming off of ACHD's books and it's going to be done by development. And there is a couple of others. You can see a couple of our community programs, projects. Fairview. West 1st and West 4th are coming out because those are completed projects this year. And you can also find that information in my memo. Those are substantially complete and most of them in this last month in June. I do state in the memo that I will share and summarize the draft integrated five year work plan. From my perspective I just summarized it for you. I don't know if you want to spend more time on it or not. I will also send you a link where you can look at the whole document, but it's -- it's pretty thick. I mean those are just the Meridian projects. And, then, you know, historically we sent a letter to ACHD or comment to ACHD on it looks good or, hey, can you move this one or switch this one with that one. I don't know -- from my perspective -- and I will be honest, I haven't had a lot of time, I just got back in the office yesterday, to do that exercise, but just the summary that I read it all looks pretty good to me and I don't know what we would request or comment, other than thanking them for considering our priorities and including the ones that they could in their -- in their programming. But I will share it with you and if you see something that looks out of place I'm happy to come back and we can talk about it some more. We have about six weeks to send something to them. Again, it was August -- what did I say? August 21st I believe. Let's see. August 21st the public comment period closes. We probably could buy a couple more weeks, because their adoption isn't until the 27th, but, really, to give staff an opportunity to consider our comments, we should get them any request ed changes sooner than later. So, again, I will share that with you here tomorrow just electronically and give you a link. Again, if you see anything that looks funny or want to talk about it or we think we should comment to ACHD on, let me know and I can add it back on the agenda with the clerk and -- does that sound okay? De Weerd: What has the transportation commission -- have they had any comments of note, too? Hood: Well, Madam Mayor, this just came out. It may have been available Friday, but it's -- like I said, this hasn't even been presented to the ACHD Commission yet, so they haven't had a chance to look at it. I will share it with them, too, at their next meeting, the first week of August. I can't remember the date, but -- De Weerd: Okay. Why don't we put this on the Council agenda after they have had a chance to look at it. So, if you can get that out to -- to Council and the commission that would be great. Meridian City Council July 18, 2017 Page 19 of 42 Hood: The last thing I had -- and I apologize, at least my version you can't really read it very well, but speaking of the transportation commission, at their last meeting they did receive an update we requested -- we, the city, you, Mayor, signed a letter here -- it's been probably about two years ago, because we sent it just as the Meridian interchange was either going into construction or during construction, asking them -- asking the state to look at speed limits on State Highway 69 and they said, well, it's -- we are going to get bad data, because it's a construction zone right now, so let's wait to do the speed study. Since the interchange has been open for some time, they have had some time to gather the data. We heard a report back about some potential changes to speed limits between over -- south of Overland near Calderwood and had a good discussion with our -- some police -- traffic patrol folks from the police department about where that transition should happen from 55 to 35 at Overland, at Calderwood, South of Calderwood, looking at the 85th percentile. So, just wanted to share a little bit of that with you. You know, what ITD does is largely based on what most people drive, what their safe -- feels comfortable in driving and making that transition, but certainly considering some of the crash history and things in that area, too, as they look at this, but just wanted to give you an update. So, that's one of the things they are chewing on right now and ITD is considering some of the comments from our police department and others on the transportation commission as well. With that, that's the all things transportation that I have, but if there is anything I glossed over or didn't touch on that you would like to, I will -- I will stand and we can discuss that. If there is nothing I will come back the first or second week of August and we will talk about the integrated five year work plan a little bit more. De Weerd: Okay. Perfect. Council, anything for Caleb? Bird: I have nothing. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a comment and a question. First, Caleb, you're too humble. Congrats to you and the Mayor for receipt of the AIC award for the work over on Idaho Avenue. That's been a project that you have been a great champion of and congratulations for your hard work on that. That's great for Meridian. My question was just about the -- the speed study on Kuna-Meridian Road, depending on where you live. What are the next steps, then? They're going to evaluate, comment from PD, and, then, come back with a recommendation? Where does the city have another opportunity to chime in if needed? Meridian City Council July 18, 2017 Page 20 of 42 Hood: Yeah. I have got that question out to Erica now. I -- Erica Bond. I imagine -- she is the ex-officio member on the transportation commission from ITD -- asking her that and I imagine in August she will come back and we will have a full discussion and the state will say all things considered here is what we'd like to do. Let's see. With you being our ex-officio member on there, if it's something you don't -- you know, if we need to, you know, bring her here or whatever I'm open to that, but that's the next steps as far as I'm concerned and we will see where it goes from there, but we will -- I will just be ready to follow up, so -- De Weerd: I think it would be good, Caleb, to have the recommendations with their study back -- we are surrounded by state systems -- and see what those recommendations are and where they might be changing and get feedback from the transportation commission, if time allows. Otherwise, Council will be that review committee. Hood: And, Madam Mayor, I kind of assumed that -- that you would defer -- and it's not -- it's not our decision or the transportation -- the state gets to decide, but we can vet that and I think ITD appreciates that we are involved. I'm kind of working under the assumption at this point that you're okay with the transportation commission receiving that information. I can share it with you as appropriate. Now, again, if you hear something or you see this that I have got in the memo and you don't like it, I can elevate that and ask Erica to come here and present that same information to you as well, but until someone raises a flag and says, no, that doesn't sound right, that doesn't feel right, we need to elevate it, I'm kind of working through the transportation commission, so -- and, again, you can see where there -- a summary of the recommendation is in the packet and I don't -- I don't know that it's going to vastly change. They may move the 4,500 feet or two more or back, but it's, essentially, going to transition a little bit sooner based on, again, crash history and driver behavior. Cavener: Madam Mayor, maybe just one more comment. De Weerd: Uh-huh. Cavener: Caleb, I don't mean to put you on the spot, but I know that Caleb has been working with VRT to put together a tour of -- of the transit center downtown to maybe Happy Day and I just would ask that once we get dates finalized , if you could pass that invite on to the rest of the City Council as well should they want to attend. Hood: I will just give you the date right now on that, with more details to come. Still working out on all the details there, but it will be the second Monday in September. Due to Labor Day holiday that's the first week, so this is kind of a special meeting for Meridian City Council July 18, 2017 Page 21 of 42 them on the second week and so, yeah, as Mr. Cavener just stated, we are looking at doing a little field trip and checking out the Main Street station downtown, maybe the Happy Day transit center in Caldwell and maybe even their Gowen Station. So, I will -- I will definitely extend that invite with some more of the details as -- as they develop, so -- De Weerd: Anything further? Bird: Thank you, Caleb. C. Police Department: Budget Amendment for Thought Leadership Film Series Not to Exceed $22,500 De Weerd: Thank you, Caleb. Item 9-C is under our Police Department. Lavey: Madam Mayor and Council, thank you for the chance to come back and revisit this item this week. As you all are aware, everybody was present, except for our Council liaison, and she has been back as of yesterday and she's been briefed on this as well and we have had some pretty intense discussions over the last four hours as far as should we or should we not bring this in front of Council today and I do believe that it -- it warrants still hearing our presentation and, then, I have a couple of suggestions after we are done. So, just to give you some additional information based upon some feedback that I have heard. IACP, International Association Chiefs of Police, it's an international conference that was founded in 1893, so 124 years. They have been around a long time. We definitely respect their reputation. The broadcast group that we mentioned last week has been in partnership with IACP for nine years. I would guess that if that partnership wasn't working out they wouldn't be asked to come back again this year, so although I don't have as much exposure to the broadcast group , I still trust the IACP is making strong decisions. The video that we mentioned last week would be viewed at that conference. Last year the attendance was 17,500 attendees across the globe. I did say that was international. You get people from all over the world. The audience is police chiefs, medical personnel, PIOs, attorneys, admin, support staff. Last year the president of the United States. This year the invitation has gone out to the president of the United States as well. Also there is a possibility of the vice-president, the Attorney General and the FBI director often comes to the conferences. So, you get some VIPs as well at the conference. I think it's my turn on the mike. It's just a way of telling me to move on and be quiet. Milam: Madam Mayor? Lavey: I guess that concludes my testimony. Meridian City Council July 18, 2017 Page 22 of 42 De Weerd: Mrs. Milam. Milam: Yeah. I was going to say the only other person that just seemed to have problems with it was the pastor, so maybe only -- you know, something special -- Lavey: I don't -- Milam: Did they do it to you, Caleb? No. That's what I'm saying -- oh, you're special, too. Lavey: If anybody it should have been Caleb when he's talking about transportation, because that was the shortest presentation I have ever seen. Bird: Agree. De Weerd: That's why he didn't. Lavey: He didn't have time to prepare, because he was on vacation. Let me see if I can get back to where I was at. So, all those people that I mentioned -- the reason why I mention that is because it's a wide range of people. It's not chiefs of police only. It's -- it's even the spouses of those people. And if we were to do this video we would be the first in Idaho to be featured and that's pretty cool. The video will be posted online, as well as used in our website and increase Google searches access and the rest I think has been covered. Now, the -- the part that I want to go into is that we feel that this would be a good thing to do, but we also recognize that there is some concern. We also recognize that some people feel rushed in their decision and to be transparent, we reached out to several agencies to get their feedback. Several of them have not got back to us. One did from the state of Ohio that the city PIO didn't even know that the police department had did the video and wasn't very forthcoming. I don't know the history of that employee, so I don't know if it's a long - term employee or new employee or whatever. And, then, we also this afternoon received some feedback from a police department in California and that chief of police was really careful with his words as far as not wa nting to be negative, but he had some pretty neutral comments and those neutral comments concern me on the mileage that he got out that -- he felt that he got out of the video. He had a lot of positive things to say about one stop shop and how it generated their program and in that regard he felt that it was -- it was good, but as far as the mileage after the fact, it wasn't as promising as we wanted. So, the additional agencies that we have reached out to have not got back to us. So, I still want to go with the rest of our presentation, because it -- it adds to the request I'm going to make of you at the end. So, I'm going to just actually have Kaycee come up and add a few more points for us. Meridian City Council July 18, 2017 Page 23 of 42 Emery: Madam Mayor, Members of the Council, Chief Lavey, thanks for having me. So, I just want to give you some costs locally what we are looking at compared to all of this and just kind of an overview of what my take was when I first heard about this . So, locally a video like, five to seven minutes where they let you keep all the raw video, I estimated about seven to ten thousand dollars. So, that was an estimate, obviously, but that's what I found in this industry. We do have a lot cheaper production costs than other cities, so I can understand why there is this larger -- this broadcast company and I can understand why -- I did ask if we could use a local company and still have our video feature d and that's not an option and I understand that. They have a broadcast company that they are used to working with and the costs are typically higher, because of their location. We are pretty lucky here locally. So, you have to look at the other stuff -- the other side of that and it's hard to quantify the exposure that we will get being on another person's website that's an international website, but it does elevate us in searches, Meridian Police, that video will come up. So, that's a good thing and staff savings -- so, staff time savings. If they have done this video a lot that's less scripting on our part, because even when we get production companies we have to do scripting a lot. We have to do a lot of the logging of the video and that takes a long time. Logging interviews, picking out which ones we want to use. So, there is a -- I would imagine a significant staff time savings on this. I think the big -- oh. And one more thing. There is a lot of ways we can use it with that raw footage. We can reuse this video on social media, on our website, take that raw footage and just throw out a quick sound bite. We could even use it for the State of the City. There is a lot of ways we can use it. We can use it in the police lobby, so that people sitting in the lobby can watch the video. So, there is a lot of ways we can use it. I think what really hit me when I first heard about this was the national climate when it comes to police and they have never had a professional video done, so that was my first thought. But we can't ignore that there is that clim ate out there and it is here in Meridian, too, as much as we don't want it to be, but we still want -- I think a video like this would instill a lot of pride in our community and it would keep our officers more safe, because our community members would see what their hearts are and, then, we -- you know, building on that, I thought we are -- I have been around a lot of police departments in my time in news. We are so lucky with what we have here. I think we have something really unique with our Meridian P olice Department. So, part of me thought what if we could change other departments by them watching this video. You know, aside from the recruitment and all those other aspects, what if we can change -- make some changes nationally. So, that's kind of where my mind was going when I heard this is that we do really have an awesome example here in our police department and I would love for it to be seen nationally, but there is the cost to consider. So, I just wanted to let you guys know what that would cost locally and what we are looking at, aside from all of that. Meridian City Council July 18, 2017 Page 24 of 42 Lavey: Thank you, Kaycee. I think that covers -- that covers a lot. We do feel that this would be a sense of pride. We wanted to talk about helping morale, but I didn't want you to think morale is bad, because morale is not bad. But this would be an opportunity to validate what the officers do out there each and every day and we get that feedback from the community almost daily. What I wanted to say is that if -- if there is that feeling of rushed and not wanting to make that -- that decision today as far as spending this money, we understand that . This is -- this is not a battle I want against the police department and City Council and this is not the one that I want to put my chips in and say absolutely we need to go forward on this. However, there is a caveat -- is if there is not a comfort level to go down the route of the international conference at the 22,500 dollars, I do believe that based upon a lot of the things that I said and a lot of things that Casey said, is that we still need to do our own and I would ask for you to consider a sum amount not to exceed , so that we could proceed on one or two videos and to do it locally. With that we won't get quite the exposure, but I think it's time that we demonstrate to our citizens what we actually do, because we are proud of what we do. So, with that there was a -- a couple other areas that -- that we were going to talk about. I believe I -- well, I did cover it as far as -- we had someone else that was going to come in and speak, but I think I covered it, the focused audiences and model agencies. So, I guess I would open it up for questions. I open it up for discussion. Comments. And anything else that I can provide to you or Kaycee can as well. With that, Mayor, I stand for any questions. De Weerd: Okay. Council, questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Just a comment, but the research that I have been working most of today I definitely think that we need a video, however we go about that. I think that it would really benefit the police department, the community, and the city as a whole. So, there is no doubt in my mind that we should say that together. I will let everybody -- De Weerd: You know, chief, I -- I guess in coming in towards the tail end of your meeting just to listen to the discussion. What struck me was what Tracy had said in terms of when you and your team go to this international conference one of the things that he makes effort to do is to go into I guess there is a room to view all of these different videos to see what departments around the nation are doing and best practices and what excited him was that they could -- you could highlight what you were doing and the recruitment piece to that of what it speaks to the kind of people that you want to attract are going to be the ones that get excited about seeing that and consider a move or employment with the City of Meridian as you have openings Meridian City Council July 18, 2017 Page 25 of 42 and I guess that's what resonated with me, that you have a possible seven to ten thousand dollar cost to do your own video, but what is the 12 and a half -- in addition what kind of value does that bring that you can't always quantify. Lavey: Madam Mayor, Council, if you allow me to add onto that. You are absolutely correct and that's the whole purpose of these videos is to show best practices and showcase departments for other departments to get ideas from. That's really the purpose of it. It's a leadership film series that, hey, here is some agencies that -- that do it right. Go see how they do it and see if you can grasp any ideas off of them. There was a discussion on recruitment last week and -- and I did make the comment and I just want to add to it, is that the recruitment issues are not specific to Meridian, they are specific to the profession in general across the United States, but just let me highlight our latest example that we had with recruitment. We sent 55 letters out to people to test. Out of those 55 all promising they would be there, 35 showed up. Out of that 35 showing up five failed the written test, five failed the physical test. The rest were prescreened out for background issues, with a net of five. So, we have to go and test again next week in fact and that's at a considerable cost and so we are having -- we and the profession are having a hard time getting people interested in the profession and we do feel that this would be one aspect of -- the positive aspect. But the Mayor is absolutely correct. How do you quantify that? That's the one thing that -- that we asked Kaycee to do is take that 22,500 dollars, split it out into what those production costs would be and use a local company. There is per diem costs, there is equipment costs, there is production costs, there the conference costs and, then, there is whatever rate they are charging us for the market fee and we know that they are doing it because they make money, otherwise, they wouldn't be doing it. So, it's a -- it's a -- it's a benefit to both, but how do you quantify -- is it worth the value. I wish we would have more time to get a few more agencies that would provide us with that -- that input. I cannot believe that there is people out there that's not going to say, heck, yeah, that's -- that's a good deal, you need to do that. But I can't come in front of you today and say agencies have told me that personally and for that I don't want to rush into doing something that we might regret, so -- with that being said -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Chief, I think Kaycee said that we could get it done locally for about 10,000? You know, I'm on another commission and they are looking into doing a deal and guys that I think are very, very knowledgeable about this stuff made a statement to me that locally here to get a good produced video you could be up in the 20,000 dollars and that was -- they were checking into it for this committee, but -- so I don't Meridian City Council July 18, 2017 Page 26 of 42 know, I -- I think if you're going to put one out you better put a nice quality one out there, something that, you know, somebody knows -- has the experience of doing it. Lavey: I would gladly take 20,000 dollars to do that, if you're offering. De Weerd: Other discussion? Other comments? Mrs. Little Roberts. Little Roberts: I just keep going back to the value of having it come through the conference. Do we currently, chief, recruit nationally anyway? Lavey: No. We -- right now our advertising is through word of mouth, it is through the Idaho Press Tribune and through our website. So, I guess I kind of misspoke -- is we do nationally if someone clicks on our website, but we don't go out and advertise in national publications for that. And it's a high cost to do that. I mean it's -- it's -- that's why there is a high cost to doing what -- what they are doing, so -- Little Roberts: Madam Mayor, follow up? It seems to me that the value in that alone reaching potential recruits and -- on a national basis with one video -- having experienced throughout the chamber world what happens when you receive something through a respected organization versus you do it yourself and try to post it out, that the value alone right there could make a huge difference in having it come through the organization that we can share versus doi ng it ourselves and pushing it out and it's instantly national being released at a national conference. Lavey: Madam Mayor, Council Woman Little Roberts, you know, that was a discussion we had, too, as far as can we do it locally? Can we pay for advertising locally and what audience do we capture and the cost that it would be for like KTVB, because we had an expert giving us -- you know. And you might get 30 seconds or you might get two minutes at a very high cost one time and it's regionally, you know, it's -- it's Twin Falls and Boise and maybe up to McCall and Ontario and -- and that's your audience. Now, you do get some on the website, but, then, they will only play it once and, then, if you wanted it played again it would cost this much and played again this much and so it's just an unknown as far as what audience that you would reach if you did that. I think if we did it locally our biggest push would be to put it on our city website to be -- to push it -- put it onto our department website, put it out into our -- onto our other social media or Twitter, because we are getting word out there somewhere, because we got the invitation because of the good that we do and someone saw that and they saw that somewhere, so we always have a plan B. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council July 18, 2017 Page 27 of 42 Milam: Chief, if -- if you did it this way through them would you have a specific recruitment statement or ask of some sort or is it just going to be a general -- I'm trying to picture it in a way where we can use it multiple ways, like within -- as a city marketing material for the police department, but also how -- who do you turn it into a recruitment video? Lavey: Madam Mayor, Council Woman Milam, you know -- and that's a fair question is because we don't exactly know how -- what the focal point's going to be. What they were interested in was the community relationship , the youth activities that we do, our positive culture. So, it wouldn't be specific to recruiting, but if we were to do this and sit down with an executive producer, whether it's with this broadcast company or someone else, our outcomes are going to be to show people why they would want to work here, why we are an agency that we are worth either picking up and moving across the country to or leaving another department for or changing careers for, it's some place that I feel safe, it's some place that I feel proud and it's some place that I want to work. We are getting that. Some now, but not a lot. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, just so you all know, I have been on the fence on this. I go back and forth all day. I have made some phone calls. I have looked at a lot of videos. And that's why I know that we need -- we need to do this. I hate that we have to make the decision tonight and I can't do more research before the decision has to be done, that's the hard part. We don't know -- there are 17,000 people there. We don't know how many are actually going to watch it. I honestly don't pay attention to some of those things, probably not all of them. So, it may be a great audience, it may not. Then it's on their website for at least a year. Some of them are on there for longer. So, there are a lot -- there are a lot of good aspects of that and not being able to quantify the value of that has been the hardest part for me, because for the same price we can make two, maybe three different videos and promote them, you know, however, through Facebook and YouTube and, you know, there are so many avenues. So , if nobody has anything else to say I will make a motion, but that's -- just let you know that's where I have been. All right. I move that we a pprove the budget amendment for Thought Leadership Film series not to exceed 22,500 dollars. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 9-C. Any discussion from Council? Meridian City Council July 18, 2017 Page 28 of 42 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just out of curiosity, do we know how much the city has spent in the past on video production, your economic development videos, for your State of the City videos? De Weerd: I -- I don't know what Brenda has -- has spent on -- on hers that go out to attract businesses. And my State of the City is more local, so -- and generally it's -- yeah. So, no, I don't. Eight grand. Is that the Welcome to Meridian one? You can't talk from there. Lavey: So, 11,000 for the Welcome to Meridian. Eight thousand for the other one that you were referring to, as I'm hearing her whisper over there. De Weerd: Yeah. And I don’t know on the economic development. Lavey: I know that the police department has never done one, so we -- that -- the answer is zero. We have not spent any money. Cavener: Madam Mayor, just a comment. I think the point that I'm trying to make is that we will be spending more money on this one video than we have ever spent on video production in the city and I have felt in the past we have had discussions about video outreach in our community we have been able to articulate the value that we get from that and what I have heard from numerous people tonight is that we are not able to really articulate what that value is from having this video played at this conference. Significant amount of funds. A very short time period. I struggled, chief, as you know, last week to be -- to be supportive. I still don't know what we get from this, except for that it plays at a conference. I have spoken to a wide variety of people, both in the public and private sector, about this issue this week, spoken to many video production companies, get quotes, and one of the things I heard time and time again is that, yes, there is companies like this in every industry that highlight those that have the success stories that are worth sharing, but that is their revenue model as they go out and they say you're a success and I mentioned I think to somebody as we were leaving it reminds me a little bit of when I was in high school I got selected for Who Is Who In America. A big book that had my name in it. I was very proud. I was told I would get scholarships and national recognition and my parents spent a hundred dollars and I got a book with my name in it and it didn't take away my accomplishments, but when the book showed up I'm like, okay, well, yeah, it's like a phone book. So, I don't think this is quite the same thing, but this is a Meridian City Council July 18, 2017 Page 29 of 42 company that's market is built on producing video content for trade shows and conferences and I don't disagree with the chief that we should look at something that is specific for PD. I firmly believe that we could produce something that is I think a better purpose, because we are in control of the narrative by producing something ourselves or by hiring a production company and doing it than by turning over a significant check to a company that’s going to have control as to what the finished product looks like. So, I will be opposing this one. De Weerd: And I think that's what everyone has struggled with and why we pulled Kaycee into the discussion, because we had just kind of giggled about being selected to be on Rob Lowe's something something and, oh, it was only 25,000. Now, paying that to see Rob Lowe might be worth it in and of itself, but couldn't justify it on tax dollars. But I think there was different values seen in this. The Google search engine that we -- we could not get that value by putting it out ourselves. Some of the search engine -- I guess opportunities that this allows being quantified by a third party -- as Council Member Little Roberts had pointed out, yeah, it's hard to put a number value to it, but those -- those are things that we would not get with our own video and the exposure that you have with law enforcement that -- that our own personnel see value and that's why they go and -- and check them out, because they do want to see what others are doing with best practices and, yeah, I was quoting Tracy without his permission, but he said every single word of that. Lavey: He was supposed to be here, so -- De Weerd: He's right behind you. That's only why I said that. Lavey: Okay. Let's talk about that. Cavener: Madam Mayor? De Weerd: We do have an active motion on the table. Yes, Mr. Cavener. Cavener: Has the city ever spent dollars for search and optimization for our website or for the police department? Lavey: Not for the police department we have not. De Weerd: I don't think with anything. Cavener: Thank you. Lavey: I only halfway understood what that was. Meridian City Council July 18, 2017 Page 30 of 42 Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: Madam Mayor, I have struggled to -- or I have hesitated to say anything, because I said a lot last week, but as I sit here listening to everybody, it sounds like no one's sold on it and everyone is just kind of trying to talk themselves into it, from even the chief and the maker of the motion and so I feel like we owe it to the taxpayers to take a break on this one, find a better means to produce a video to accomplish the goals of recruiting and maybe look into SEO opportunities and maybe even for the same dollars be able to get more eyes on a video that we have produced at a cheaper cost and the eyes that -- of people looking for the job doing it. So, I don't know, like I said last week, I think we need to put the brakes on and find a better way. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, the other part that can't be quantified that has value is their website that is on specifically for at least a yea r. So, it's at the conference, but, then, it's also on their website and also -- forgot what I was saying. Oh, my gosh. All right. Give me a minute. Sorry. I got to write notes. De Weerd: If there is no further discussion, are you ready for roll call? Milam: Oh, Madam Mayor, I remembered. De Weerd: Hey, I knew if I just called for roll call -- Milam: The national and international recognition that -- that we will get at the conference and especially with the officers that we send over th ere, the pride and the sense of appreciation from all of our police department, especially the ones that will be there at the conference and the ones in the video, I think has a definite value to the city that we can't put a dollar on it. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council July 18, 2017 Page 31 of 42 Little Roberts: I agree with Council Woman Milam regarding -- I can hear Kaycee already coming up with first one in Idaho selected, one of 16 in the nation. You can't get headlines like that or tag lines like that without, you know, an honor like this. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a word of caution for Council. I talk a lot about precedent and we should be prepared, then, as our parks commission, when they receive national awards, our fire department when they receive national recognition to be prepared to spend, again, significant amount of tax dollars to produce a video for them as well. It's not just 25,000 dollars, it's 25,000 for each department. De Weerd: I would just also mention that each department, as these opportunities have arisen -- and they have -- they do go through a discussion and criteria that -- you don't hear the ones we get that have already been weeded out. There was legitimacy for this and I think that your command staff spent considerable time before even bringing this to this level of discussion, vetting it to -- to see what that value would be, so -- Lavey: Madam Mayor? De Weerd: I don't think this sets precedent. Lavey: I don't -- I don't know of it's appropriate for me to -- to comment anymore if we are in discussion phase, but I don't disagree with what anybody says. All I can do is ask you to vote your conscience and I guess the only thing I would say is that Councilman Cavener aged me a little bit, because Who Is Who In America I think was only like 40 bucks when I was in high school, so -- we don't disagree with any of it. But you -- you can't accomplish things if you don't ask, if you don't discuss, and that's the purpose of being here, so vote your conscious and we will make it happen. De Weerd: Any other comments? Mr. Clerk. Roll call: Bird, yea; Borton, absent; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. Meridian City Council July 18, 2017 Page 32 of 42 Lavey: Thank you. D. Fire Department: FY2017 Budget Amendment for Fire Station No. 6 De Weerd: Item 9-D is under our Fire Department. Niemeyer: Madam Mayor, Members of the Council, good evening. This is a follow up to the conversation we had last week when we discussed the district offer and the 12 firefighters and the approval of that offer and you ask ed me to come back -- work with Finance to present a budget amendment for 2017 to cover the cost of those personnel from August 21st through September 30th and, then, moving into FY-18. You did get two copies today. I want to make sure we are working under the right one here. The first copy you received had the ongoing personnel cost of 223,092 and, then, it showed that for each successive year five years after that. I would be the best chef in the world if I could promise you that was the cost, but it wasn't that cost, it was 223 just for those six weeks getting into August 21st through September. So, you should have the spreadsheet in front of you, the amendment form , that articulates your one cost in 2017 of the 223,092. The FY-18 cost of roughly 1.13 million. And, then, the ongoing cost from FY-19 through FY-21 of 1.5. I just want to make sure we are all working under the same sheet of music here. Bird: Where have you got that at, Mark? Excuse me. Niemeyer: That is on page two of the -- Bird: Okay. I see it now. Niemeyer: -- up in the upper left-hand corner. So, with that, as was presented to you, the rural district is paying up to 1.5 million dollars for -- from August 21st of this year until the completion of the FY-18 budget year that ends September 30th. You will see that reflected in the cost of personnel wages , benefits, in the FY-17 current budget will be $223.92. Operating costs of 6,000 dollars to get them started into the academy and, then, we also, working with Finance, have an informational form for you showing the FY-18 costs. Add all that up and you're going to be at 1.5 million dollars. So, what we want to show is that the district is fully funding all personnel, wages, benefits, as well as the operating costs of the first year, as per the agreement . In addition, we were asked to work with Finance to bring forward the impact fee items to get the station built as we discussed last week. We want to get the design work started right away and, then, move into the neighborhood meetings with some design work and, then, move into construction and so within the capital outlay those are all impact free eligible items that is under what we currently have in our impact fee Meridian City Council July 18, 2017 Page 33 of 42 balance and Fire, if you look back over our CIP when you approve the impact fees, this was the big project that was allocated for impact fees in our capital improvement plan. So, we do have the numbers guru with us today -- he's looking at Robert. That scares me a little bit. -- to answer any questions on the numbers and I'm certainly happy to answer any questions that you may have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You're asking for a budget amendment for this year of four million seven hundred and sixteen dollars? Niemeyer: That's correct. Bird: Seven hundred and sixteen thousand. Niemeyer: Councilman Bird, that -- that's correct. The big chunk of that is coming from the capital impact fee eligible items. Bird: I understand that. How much of that do we need before October 1st? Niemeyer: Before October 1st -- Bird: This year. Niemeyer: -- talking specifically design work. Bird: This year. I mean this is -- this is this year's budget. Niemeyer: Okay. Design work specifically is going to be architectural designs about 314,000, roughly. Bird: So, actually, probably about five hundred to six hundred thousand will be used this fiscal year; am I right? Niemeyer: That's -- yes. That's correct. Bird: And the rest will be used in fiscal '18. Why don't we just put it in the '18 budget? Meridian City Council July 18, 2017 Page 34 of 42 De Weerd: It's never been our practice to -- to not show the full obligation so you know what you're -- Bird: I understand that. De Weerd: -- approving. I was just answering your question, sir. Lavoie: Madam Mayor and Councilman Bird. We are asking for you to a pprove the entire project up front today, instead of coming back to you tomorrow morning with another -- with this exact same enhancement for the remainder of the 4.7 million . We thought we would just ask you for all the funds today and ask you to conside r the carry forward -- the appropriation for the entire project today, rather than tomorrow morning. De Weerd: Other questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Todd, can you educate me on the cost of building figure? Niemeyer: Councilman Cavener, I can -- I can take that one. Nine years ago when we built our last fire station we hit about 163 dollars a square foot for that station. Construction costs today are ranging anywhere from 250 dollars to 350 dollars, depending on how much extra you put into it. We don't build fire stations with fluff in them and we build them to last. We build them to standards. For example, Boise fire just built two new fire stations. They were about 325, 340 dollars for each one of those two stations. They had a ton of upgrades in those, so -- I did talk to three realtors, as well as three builders right now. I also had a presentation two weeks ago from an economist from the University of Utah talking about the forecast moving into the spring and summer. All agree that we are going to see a down tick slightly in the cost of building. Interest rates are expected to rise, which is going to slow down building growth. Right now if you go out there today and try and build a house, trying to find labor is very difficult. You can talk to any contractor and they will tell you that. They are fully anticipating that to come down . So, we have calculated costs based on a 250 dollar per square foot cost , as compared to 163 dollars nine years ago. So, inflation certainly is applicable, but we took the best information we could gather from builders, realtors, economists, to put a number to that. Cavener: Madam Mayor? Chief, I know Idaho Falls just built one or two stations. Do we know the cost on those? Meridian City Council July 18, 2017 Page 35 of 42 Niemeyer: I don't. I could call Chief Hanneman and get that for you. I know that their cost is going to be slightly higher. They completely -- they basically remodeled their main station to add depth to their bay. They took out the entire flooring to put in new concrete, to add enough protection for a truck company to be in. They also added their administrative offices into that new building. So, I could certainly reach out to Chief Hanneman to see the costs there. Cavener: And Madam Mayor. Chief, I don't think that they are too high by any means. In fact, my -- my biggest concern is I think they are too low, quite frankly, and I just want to make sure that we are having a real accurate picture as to what we think this facility is going to cost. Niemeyer: We did discuss that with Finance today. When we get those plans drawn, certainly we set a budget and we are going to try and stay within that budget. That's the goal. There will be additional collection of impact fees that if, for some reason, those construction costs come in higher we can come before you next year when you get ready to build with a more defined approach. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Chief, you mentioned the Boise stations there are at -- you said about 340 per square foot? Niemeyer: Three twenty and I believe 340. They had two stations that they -- that they built. Palmer: There is one in particular I think I have seen -- was one of them on Overland or was it Fairview? Niemeyer: I believe Overland is one. Palmer: Overland. They have like some super fancy doors that look in sanely expensive and you mentioned they have several upgrades. What -- are some of those things upgrades because they are Boise and they do that kind of thing that are super not necessary, not something that we would be looking at upgrading our buildings to later? Niemeyer: Council Palmer, to answer your question, yes. I will talk specifically about those garage doors. They are the newest and latest and greatest in the fire service. Meridian City Council July 18, 2017 Page 36 of 42 Right now we have just the roll up garage doors, almost like you would have in your home, only bigger. These new garage doors are bi-folds, they -- Cavener: Madam Mayor, could we recess for five minutes so they can turn it down? De Weerd: We will recess for five minutes. (Recess.) De Weerd: Okay. I will call this meeting to order again and sorry for the technical difficulties, but, chief, I know that -- if you will restate the question so we are -- we know that you know the question you're answering. Niemeyer: So, I will restate it as I understand it. The question was with some of the added amenities that we see in other fire stations, particularly with Boise, are those costs that we would be looking at -- at adding onto our fire station design here. I will mention specifically, as Councilman Palmer alluded to the garage doors at the new Boise fire stations. That is the emerging -- it's not technology -- the emerging garage doors in the fire service. The reason for it -- there is actually a reason. They are bifold doors. They open in three seconds, allowing the crews to exit quicker. If the power goes out you can literally close them and open them with a finger. Now, that being said, they are super nice and if we could afford them I think they would be great. They are about 30,000 dollars per bay. So, this is not something included in our fire station proposal. They did all concrete floors in their fire stations for reasons. We wouldn't be doing all concrete floors in ours. So, there are some -- some amenities that you see in departments and -- that cities that have larger budgets, etc., that they do some of those things. We would not be looking to do that here in Meridian. We want to build a fire station, A, that will last, hold up to construction and design. B, provide a neighborhood friendly place that's welcoming, that provides a great place -- it's a 24-7, 365 operation for our firefighters, so certainly we want to make it functional, but we also want to make it economical to that status as well. So, I hope that answered the question. Palmer: Thank you. De Weerd: Okay. Anything further from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council July 18, 2017 Page 37 of 42 Cavener: If there is no other comments -- man, this is a top high score for me. I move that we approve the fiscal year 2017 budget amendment for Fire Station No. 6 for a not to exceed amount of 4,716,000 dollars. Palmer: Second. De Weerd: What? Any discussion from Council? Mr. Clerk, will you call roll. Roll call: Bird, nay; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: Okay. The ayes have it. Thank you. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. E. Mayor’s Office and Legal: Updated Proposed Policy for Use of Unmanned Aerial Vehicles (Drones) De Weerd: Item 9-E is under the Mayor's office and Legal as a follow up to last week's discussion about unmanned aerial vehicles. Are you taking this or Bill? Okay. Nary: Madam Mayor, Members of the Council. So, we discussed this drone policy last week and the purpose behind it. The request from the Council was to insert into the policy the types of uses that we would be using this device for. So, if you look at the one that's in your packet now, Item 6 has been amended to include -- we basically polled all the departments and if you recall the discussion -- I know Council Member Milam wasn't here. Right now only one person in the city is qualified to do this, so -- but we have polled all the departments and said at some point in time if you had a person qualified to use this device, what do you think you would use it for? And so this is the collection of the ideas that people know can be used , have been used in other places, could be used here. Right now I would say -- and probably Mrs. Emery from the Mayor's office would be better -- the marketing is first, because right now that's the primary thing they plan on using it for. Events, activities -- city activities to promote the city. But the other ones -- mapping, management, assessment of city facilities, construction projects that are ongoing. You know, this is as exhaustive as people could come up with. I'm sure there will be more and at that point we would bring it back, but we tried to at least request in each department what they think they could possibly use it for and that's what we came up with was these all vary in uses, but, again, right now it's primarily going to be marketing and at some point we may be able to do it more in some of these o ther types of things. Probably Meridian City Council July 18, 2017 Page 38 of 42 Kaycee would be able to answer any more specifics of the drone itself, but that was the insertion into the policy based on your direction. De Weerd: Council, any further questions for Bill? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I think I did have one additional question for either Bill or Kaycee and it pertains I guess to observing the -- the vehicle when it's in flight. I talked to a lot of drone enthusiasts and people about the city using that this weekend. One question that came up that I didn't have a good answer for is will this be controlled by an individual or will a flight plan be programmed and, then, have the UAV fly and return on its own accord? Nary: Past my knowledge, so -- Emery: Madam Mayor, Councilman Cavener, good question. So -- it's testing my drone test. There always has to be a remote pilot in command and so that person -- there will not be any unmanned flying of the unmanned aircraft. There will always be someone -- there will always be someone managing the controls. Cavener: Madam Mayor, just a follow up. So, then, the pilot will always be able to see what the drone is recording? Emery: Yes. Yes. Because you have that image right there. Cavener: Great. Emery: And, then, we also have a provision in our policy that talks about if there is raw footage that is captured that we don't want to m ove, we get rid of that, I think is the policy. Yeah. Does that answer your question? Cavener: It does. Thank you. De Weerd: Good job. Now we know why you scored so high. Way to go. Any other questions from Council? Bird: I have none. De Weerd: Okay. Meridian City Council July 18, 2017 Page 39 of 42 Nary: Madam Mayor. What we would be looking for, if the Council is all right with the policy in its current form, we would bring it back next week with the resolution to adopt this as part of our policy. De Weerd: Okay. So, do I have a motion to instruct staff to bring back a resolution for next week's meeting? Bird: So moved. Milam: Second. De Weerd: Okay. I have a motion and a second. All those in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. Thank you. And thank you for all the work you put into that and also for adding the clarity of proposed uses, so that the public does have a better understanding of the intent. Item 10: Ordinances: A. Ordinance No. 17-1739: An Ordinance (H-2017-0057 Preakness Subdivision) For Annexation for a Parcel of Land Being a Portion of the NE ¼ of the NW ¼ Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-4 (Medium Low Density Residential District in the Meridian City code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. Meridian City Council July 18, 2017 Page 40 of 42 De Weerd: Okay. Item 10-A is Ordinance 17-1739. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1739, an Ordinance file number H-2017-0057, Preakness Subdivision, for annexation for a parcel of land being a portion of the NE ¼ of the NW ¼, Section 25, Township 3 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian; establishing and determining the land use zoning classification of said lands from RUT to R-4, Medium Low Density Residential District, in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing for an effective date. De Weerd: Council, you have heard the reading of this ordinance. Do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 17 -1739 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 17-1740: An Ordinance (H-2017-0041 Geddes Subdivision) For Annexation for a Parcel of Land Being a Portion of the NW ¼ of the NW ¼ Section 3, Township 3 Meridian City Council July 18, 2017 Page 41 of 42 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 (Medium Density Residential) District in the Meridian City code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. De Weerd: Item 10-B is Ordinance 17-1740. Will you, please, read this by title. Coles: Thank you , Madam Mayor. City of Meridian Ordinance No. 17-1740: An Ordinance File No. H-2017-0041, Geddes Subdivision, for annexation for a parcel of land being a portion of the NW ¼ of the NW ¼, Section 3, Township 3 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian; establishing and determining the land use zoning classification of said lands from RUT to R-8, Medium Density Residential District, in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing for an effective date. De Weerd: You have heard this ordinance read. Is there any concerns, questions from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 17-1740 with suspension of rules. Bird: Second. Meridian City Council July 18, 2017 Page 42 of 42 De Weerd: I have a motion and a second to approve Item 10-B. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Future Meeting Topics De Weerd: Item 11 is Future Meeting Topics. Any items to consider for future agendas? Upcoming events include tomorrow, the budget workshop starting at 8:00 a.m. VetteFest is Saturday, July 22nd, at 8:00 a.m. to 1:00 p.m. in Kleiner Park. CapEd Credit Union has a ground breaking topping off ceremony next Tuesday at 4:45 on South Meridian and Overland. And next -- a week from tomorrow is the Town Hall on July 26th at 6:30 at Challenger School. With that I would entertain a motion to adjourn. Milam: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Thank you. MEETING ADJOURNED AT 7:50 P.M. (AUDIO C-QR©WG-iQ ILE OF THESE PROCEEDINGS) MAYOR T DE WEERD DATE APPROVED ATTEST; C. J&Y COL`ES, CITY CLERK ��/I n +■ IDAHD y SEAL Meridian City Council Meeting DATE: July 18, 201 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics — Public Forum MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN -IN SHEET Date: July 18, 2017 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name Provide Description of Discussion Topic Meridian City Council Meeting DATE: JuIV 18, 201 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: St. Ignatius Catholic School Pedestrian Pathway Easement MEETING NOTES uy aPwBGu�Q 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 2017-066051 BOISE IDAHO Pgs=5 VICTORIA BAILEY 07/19/2017 04:17 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT //�/ THIS AGREEMENT, made and entered into this j day of SL& , 2017, between �70Ma,, URfije/r'C %Ji4 �n t 0 ���, hereinafter referred to as "Grantor", and the City ofMeridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein, THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. Pedestrian Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRA�TO � 1 /2o/pan(Ydv "Gh.Pi &se WW -UC BY: Ae.y y eA) -+JIS %ins5rx� Its: U(K 2 6 1-11 "A f STATE OF IDAHO ) ss County of Ada ) On this U'4"L. day of , 2017, before me, the undersigned, a Notary Public in and for sa'd State, personally appeared Rel) pe it n ,'SWa.Ss MU -41, , known or identified to me to be the Vt c a r 9 e n Lyna. L that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. °0000aeeo ooeo®® , OV E L ®®A+® ®0a ID . Pedestrian Pathway Easement [� L��� v`i P :!,_� 2_� NOTARY PUBLIC FOR ) HO Residing at: Commission Expires; .r' ;k0,;W gtej AUGUST GRANTEE: CITY OF MERIDIAN °� ''��w Tammy dvVee�=d, Mayor by CJ* Coles, City Clerk Approved By City Council On: / b Z A7 STATE OF IDAHO ) ss, County of Ada ) On this 119 day of J{� , 2017, 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) ® ® a 07 ®►1®®® some%° Pedestrian Pathway Easement M4 C' h V Wv NOTARY PUB �C FOR IDAHO �--- Residing at: �— Commission Expires: r'i.°=` THE LAND GROUP, INC, June 16, 2017 Project No, 117001 EXHIBIT "A" ST. IGNATIUS CATHOLIC SCHOOL CITY OF MERIDIAN PEDESTRIAN PATHWAY EASEMENT LEGAL DESCRIPTION That portion of Government Lot 1 of Section 30, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, particularly described as follows: Commencing at the Northwest Corner of said Section 30 marked by a brass cap monument, from which the North Quarter Corner of said Section 30 bears South 89050'45" East, 2420.87 feet; Thence, along the west line of said Section 30, South 00°25'09" West, 70.00 feet; Thence departing from said west line, South 89°50'45" East, 48.00 feet to the east right of way line of North Meridian Road and the POINT OF BEGINNING; Thence, departing from said east right of way line, South 89° 50' 45" East, 1053.84 feet to the east line of said Government Lot 1; Thence, along said east line, South 00° 28'36" West, 24.00 feet; Thence, departing from said east line, North 89° 50' 45" West, 1053.82 feet to said east right of way line, Thence, along said east right of way line, North 000 25' 09" East, 24.00 feet to the POINT OF BEGINNING, containing 0.58 acres or 25,292 square feet, rp4re or less. PREPARED BY: THE LAND GROUP, INC. Robert L. Kazarinoff OF L. 06/16/2017 Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc,com NORTHWEST CORNER SECTION 31 LINE NORTH 1/4 CORNER T. 4 N., R.1 E., B.M. L1 S00'25'09'W SECTION 30, T. 4 N.,R 1 E., B.M. L2 S89150'45"E CHINDEN BOULEVARD L3 5.24 S.19_ 24.00' S89°50'45°E 2420.87' �8.1199 _ _ _ _ _ S.2515.30 P_0.8--^ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1101_69'^--_--_ -- —^--_ — _—_— _—T319.18'/ �spo L2 I_______------- S89°50'45"E 1053.84' Q I I N CD c I z ( CITY OF MERIDIAN i PEDESTRIAN PATHWAY EASEMENT U I I HOLY APOSTLES CATHOLIC CHURCH 1 I � z ' GOVERNMENT LOT 1 SECTION 30 LEGEND — — PROPERTY BOUNDARY LINE — — — — — — — SECTION LINE — — — — — — — EASEMENT LINE — — — — — — — TIE LINE P.O.B. POINT OF BEGINNING ® CALCULATED POINT Line Table LINE BEARING LENGTH L1 S00'25'09'W 70,00' L2 S89150'45"E 48,00' L3 S00°28'36'W 24.00' L4 N00°25'09"E 1 24,00' q '1a $r Exhibit "B" HOWZO?ffk SME: 11=150 m Z Z Lu C O �a ciz I—� y Lu D Lu CL W THE LAND GROUP 111 l hNt l��Jt°�� 'N 31 INIJI.1011 lO1JJLtlU ..,.wwr..scw...-. 06/16/2017 {WJuv 1 of 1 Meridian City Council Meeting DATE: July 18, 201 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Bridget ower Subdivision Crossing # 15 Sewer and Water Main Easement 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 2017-066044 BOISE IDAHO Pgs=5 LISA BATT 07/19/2017 04:13 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT p�10 Ll. C. - THIS INDENTURE, made this dday of -30, 20abetween I"i 8- L Pm=W� —, the parties of the first part, and hereinafter called the Grantors, and the City of Meridi n, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH. WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV. 08/15/16 any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawfiil 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 T R: 4% �-- l3iss Address Kl 0®V Ddu J450, LU a wig STATE OF IDAHO ) ) ss County of Ada ) On this 0_ day of , 20JI, before me, the undersigned, a Notary Public in at r said State, personally appeared and uk (, known or identified to me to be the ani espectivety, of the corporation that executed the within instru "eent.' and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 13RO -10,0 �A ® ®°@@00®000 0 ,�� v@® O`�A R ), % 00 PUBOC' 4"0 @ f%A0 0® e ®®00. Vim] @[®�.@@@O@@®` Sanituy Sewer and vJte+Mtn+��seme LQK 6�1101� NOTARY PUBLIC'FOR IDAHO Residing at: 90(ST - Commission Expires:r2s- RE, V. 08/15/16 GRANTEE: CITY OF MERIDIAN O�QO\,LptED AUGvsr� =o 01V of w E IDIAN! .- IDAHO \z� SEAL Approved By City Council On: --71 l v Z &7 STATE OF IDAHO, ) . ss. County of Ada ) f On this day of J f A U _; , 20before me, the undersigned, a Notary Public in and for said State, persona ly 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. . ease'* (SEAL) 1 �e 0 " �••♦ 1 11Ty• • • **goes** Sanitary Sewer and Water Main Easement ct(� NOTARY PBLIC FOR IDA O� Residing at:R, Commission Expires: 2 9' J IEV, 08/15/16 �p it LM1it({$NI�LNtilq,LLC,. BOUNDARY DESCRIPTION FOR M & L PROPERTIES, LLC. Sewer & Water Utility Easement Job No. 2017-005 J.B.F. 5-12-17 Part of Lots 1 & 2, Block 45, Bridgetower Crossing Subdivision No, 15 that is located in Section 35, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Idaho described as: Beginning at a found 5/8" rebar'marking the Southwest corner of Lot 1, Block 45, Bridgetower Crossing Subdivision No. 15 that is located in Section 35, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Idaho and running thence N48°02'05"E 11.37 feet along the West line of said Lot 1; thence N90100'00"E 150.63 feet; thence S00°00'00"E 42.36 feet; thence N90°00'00"E 26.05 feet; thence S00°00'00"E 20.00 feet; thence S90°00'00"W 26.05 feet; thence S00°00'00"E 126.56 feet; thence N90000'00"E 16.56 feet; thence S00°00'00"E 20.00 feet; thence S90°00'00"W 16.56 feet; thence S00°00'00"E 18.35 feet; thence S90100'00"W 20.00 feet; thenceN00°00'00"W 96.76 feet; thence S90000'00"W 10.18 feet; thence N00101'53"E 100.13 feet; thence S90°00'00"W 147.09 feet to a point on the West line of Lot 2, Block 45 of said Subdivision (said point being on a curve); thence Northeasterly 29,23 feet along said curve to the right (Curve data: Radius= 88.00', Delta= 19°02'04", Chord Bearing and Distance= N38131'03"E 29.10 feet) to the Point of Beginning. Easement contains 10,836 square feet or 0.25 acres. 106W Main St. Unit D, Middleton, lD 83644 *Vls12220C?yahoo.corn * (208)861-7513 (0) * (866)337-4925 (P) Page 1 I O I •/ L16 L4 }V� a I � J I I L6 I LO O J Z 0 J N -I Z L14 $ S 0 Io I fy-LO 3 x W L8 WCD O 0 mL10 I I oM o� L12 W w � i V 2 �mhohh�oomhomv�°jq � � ��• 5 � � � �w''10 m� �woMopo�hgh�on�on U I hN�oo�oN�oo�oNo�000v Wok I m o m WWW�WW�WmW�3W3�W I L I I �� I jeo � hogoq g0000goq q _ I 0b, 00000g00000000"�q a' C.1 W C�N0000000000000�0 a. I 3 W���� _ � ZZOOg0000000000,000 ' � Jo J��b0000bO000000pq � LQ o � momorngmornomornom I�I a �i� w �� mZZ�a�azz�ZZ (1) I I II oN .. — .. — . 0 QN I OR o z moo/ `�.� Meridian City Council Meeting DATE: July 18,201 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE- Water Main Easement Model Home Furnishings Wafer Main Easement No. 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 2017-066049 BOISE IDAHO Pgs=5 VICTORIA BAILEY 07/19/2017 04:16 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT V6. 1„ TI -IIS INDENTURE, wade thisogY#day of� , 201-f between r, 10, LV6 , the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire 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; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (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 REV. 08/15/16.doe THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: '5-7P4n ii-f�plci17 '8&1!'aaay Ap-� Address STATE OF IDAHO ) . ss. County of Ada ) On this _ day of J 1 b 20 .�' ' , before me, the undersigned, a Notary Publicin and foi said State, personally appeared � S' 'off � 7�hr and h known or identified to me to e the and MSe �t res ectively, of the corporation that executed the within instrtiii�riii, and �a�c�u�towledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year F1100S a OAP, (S E A 0 0,• PV$6V• c Water Main Lasemeiiieos ATE �,,•`'�� ��N/tt11N�f (wj NOTARY P LIQ FOR IDAI-10 Residing at: -APS'6 NW Commission Expires: 61111I(All REV. 08/1 S/16.doe GRANTEE: CITY OF MERIDIAN O�P�Ep AUG(/ST' 41 v IDIA 0 IDAHO > W �y SEAL ate/ Approved By City Council On: — c / .�/"` / STATE OF IDAHO, ) ss County of Ada r On this (J day of 7 ` V 20 /Z, before me, the undersigned, a Notary Public in and for said State, persona ly appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, ofthe 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. 40 0oo 40 ,Ay a � to ;00h 4,r• ry ••••••••••• 6C NOTARY PUBWC FOR IDAHO Residing at: U d I/thfk Commission Expires: "— q— I Water Main Easement REV. 08/15/16.doe 19 14, RI 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 March 22, 2017 Project No. 16-105 Model Home Furnishings ExhibitA Easement Legal Description An Easement over a portion of Lot 1, Block 1 of SmitchgerSubdivision North (pages 12,639 through 12,641, Plat Book 99 at records of Ada County, Idaho) situated in the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found 1/2 inch rebar marking the southwest corner of said Lot 1, thence following the southerly line of said Lot 1, S89°30'47"E a distance of 28.00 feet to a point on the easterly line of a public domestic water and sewer per said Smitchger Subdivision North and also being the POINT OF BEGINNING. Thence following said easterly line, NO°29'13"E a distance of 20.00 feet to a point; Thence leaving said easterly line, S89°30'47"E a distance of 311.65 feet to a point; Thence S00°29'13"W a distance of 20.00 feet to a point on the southerly line of said lot 1; Thence following said southerly line N89°30'47"W a distance of 311.65 feet to the POINT OF BEGINNING. Said easement contains 6,233 square feet, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. A1. LAND �cE N SFo sGP�F o .c CL _62 ENGINEERS I SURVEYORS I PLANNERS PA36.10500WHIHITS\16.105 FIRE HYORANTEASEMENT LOT 10WG,JAMES HANLEY,3/22/201x7,KYOCERA T-A�SKALFA45SOCI10GPC3,- _— --- -_.. ob y I Z30 -0 Qo v� o Zv V) c �o mm rTl c z ;J m III z 0 o c) Li nQg:�_ 00 j�oT a o c: c o p0 cc°a ;u X 0 0 )m'' o (A vi=��zr*I zc)ma Q v n z F� � y r 0 00 t0 O � v z m C4 � C vi [I7 p O z z O Z s A „ EXHIBIT B z� N WATERMAIN EASEMENT WOO m � O a W MODEL HOME FURNISHINGS ° 3570 N. EAGLE ROAD, MERIDIAN, IDAHO �o 00 )m'' m N Q 0 o z z � y a o 5j G) c4 to z o, A n m � .� .. nNq cD to C z m p U O z z O PRop,s I � f37 x s J 09 N I o� a o r 0 00 t0 O � v z m C4 � C vi [I7 p O z z O Z s A „ EXHIBIT B z� N WATERMAIN EASEMENT WOO m � O a W MODEL HOME FURNISHINGS ° 3570 N. EAGLE ROAD, MERIDIAN, IDAHO Meridian City Council Meeting DATE: July 18, 201 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Water Main Easement Model Home Furnishings Water Main Easement No. 2 MEETING NOTES "ED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION I -N] E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: ADA COUNTY RECORDER Christopher D. Rich 2017-066048 BOISE IDAHO Pgs=5 HEATHER LUTHER 07/19/2017 04:16 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT VO, Z - THIS INDENTURE, made this ay oit7jn2, 20 1�+between A" A, 4 J A the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire 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; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, In consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of 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 ofthe 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 REV. 08/15/16.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would Interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfidly 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: Pro Chn',14 0,) A tc W�7 Address vPr7 STATE OF IDAHO ) . ss. County of Ada ) On this ZL—day of I�,trQJ , 20 N' , before me, the undersigned, a Notary Public in and for said State, personally appeared oly(� r ��n1..�r and n, '�„ C r e l ftp , known or identified to in to be the � �'dunT and VA b-,�creta ,. respectively, of the corporation that executed the within inst►'um'?tft and FU deknowledged to me that such corporation executed the same. IN WITNESS`�{W4BOF, I have hereunto set my hand and affixed my official seal the day and year (N�b, NOTARY P BLI FO,R IDAHO Residing at:, �9ctr PUD Commission Expires: '4I 0V ' Water Main Easemelift4o®.......1*4 REV. 08/15/16.doo GRANTEE: CITY OF MERIDIAN Q°�p:VED AUChi. of GUsr — Z(:> -WE IDIAN Tammy de W rd,�Vlayor I D A H OEAL he TRE Attt by C. a Co es, City Clerk Approved By City Council On: 7 STATE OF IDAHO, ) ss County of Ada ) On this day of '201 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 j the same. { IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. N�v NOTARYP IC FOR IDAHO Residing at: c��� yk, �—� Commission Expires: Water Main Easement REV. 08/15/16.doc km s , i►i31 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 March 22, 2017 Project No. 16-105 Model Home Furnishings Exhibit A Easement Legal Description An Easement over a portion of Lot 2, Block 1 of Smitchger Subdivision North (pages 12,639 through 12,641, Plat Book 99 at records of Ada County, Idaho) situated in the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found 1/2 inch rebar marking the northwest corner of said Lot 2, thence followingthe northerly line of said Lot 2, S89°30'47"E a distance of 319.65 feet to the POINT OF BEGINNING. Thence following said northerly line, S89°30'47"E a distance of 20.00 feet to a point; Thence leaving said northerly line, S00°29'13"W a distance of 26.80 feet to a point; Thence N89°30'47" W a distance of 20.00 feet to a point; Thence N00°29'13"E a distance of 26.80 feet to the POINT OF BEGINNING. Said easement contains 536 square feet, more or less, and is subject to all existing easements and/or rights-of-way of record or Implied. \4�NL LAND S ELI ( � a 6662 OF DYKE 11 ENGINEERS I SURVEYORS I PLANNERS PAl6-105\CAD\EXHI01T5\16-105 FIRE HYDRANT EASEMENT LOT 2.DWG, JAMES HANLEY, 3/22/2017, KYOCERA TASKALFA A550CI ID(.PC3, -- OX Cu Z o p Z 0 In G N O 8 G 02 M M � M r' m z 0 I� L — DDzo•v r*0o �Z�-rio I -u O N Z Z o m 0 i I E" O O m w W G7 N O UI (n rn�v r Z n � m � D r0n � � C m C d G � rp �iM s C U -< P) O o 0 ON) Co 00 O 2 Ho��ti 0 O to Iq W ETI z OD w Q p o W to 00 IQ c J o Z M N 0 N `o PRoj s -< z M r z Ho��ti M N 0 N `o z z z 0 Q X o ( v w la ul L4 v 0 Z w to O 0 L2 rc Q 0 a EXHIBIT B WATERMAIN EASEMENT "d, MODEL HOME FURNISHINGS N 3540 N. EAGLE ROAD, MERIDIAN, IDAHO Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Maverik on Main Release of Easement No. 1 MEETING NOTES C✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-066046 BOISE IDAHO Pgs=2 VICTORIA BAILEY 07/19/2017 04:15 PM CITY OF MERIDIAN, IDAHO NO FEE RELEASE OF EASEMENT No. 1 GRANTEE: CITY OF MERIDIAN GRANTOR: 97 MAIN, LLC (Successor in Interest to Earl and Elizabeth Coryell) GRANTOR: CONCEPT INVESTMENTS LLP (Successor in Interest to Earl and Elizabeth Coiyell) WHEREAS, by easement dated December 3`a, 1965, and recorded as Instrument Number 628102 in Book 52 at Page 442 of the records of Ada County, State of Idaho, an easement was granted to the City of Meridian, an Idaho Municipal Corporation, for the construction, operation and maintenance of a sewer line over and across the real property legally described on Exhibit A, attached hereto and incorporated herein. WHEREAS, the continuance of this easement is no longer necessary or desirable because the contemplated sewer infrastructure was never constructed and development plans require abandonment of . the easement. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent thatt the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this LZ day of I,a�, 2007. CITY OF MERJD-TL:r— - M By .. TamNdMeerd,Nfay r ATTEST C. y Col . ,City Clerk STATE OF IDAHO 0o� j Oily or w E IDIANj, - IDgHO SEAL A/ ss County of Ada ) 1U 0 On this day of ry, 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fust above written. .0. ---ma �a �..� (SEAL) ��� ® Notary Public f Idaho p p "V jN; + Residing at: VW)- �`'`— OI ll� Conunission expires: ®� 'Pi EXHIBIT A LEGAL DESCRITION OF EASEMENT VACATION A strip of land 5 ft. Ride for a permanent easement and an additional strip of land 20 ft. wide for a temporary construction easement on each side of the following described center line: Commencing at the Northwest' corner, Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idsho, and running North 891120124" East 325.01 feet along the Northerly boundary line of said Section 18; thence South 0049105" West 30.00 feet along a line parallel to anC 324.91 feet Easterly of the Westerly boundary line of said Section 18 to a point on the Southerly road right-of-way line U.S. Highway 30, said paint being the TRITE POINT OF BEGINNING; thence continuing South. 0049105" West 326.00 feet along a line parallel to and 324.91 feet Easterly of the Westerly boundary lino of said Section 18 to a point; thence South 2028142" West 357.90 feet to a point which is 314.91 feet Easterly of the Weeterly boundary line of said Section 18. A strip of land 5 ft. wide for a permanent easeneut on each alae of•the following des4viped center line: Commencing at the Northwest corner, Seotion 18, Township 3 North, Range 1 East, Boise Meridian., Ada County, Idaho, and running North 89020124" East 325.01 feet along the Northerly boundary line of said Section 18' thence South 0°49'65" West 340.00 feet along a line parallel to and 324.91 feet Easterly of the Westerly boundary line of said Section 18 to a point said point being the TRUE POINT OF BEGINNIN thence North 89°20'24' East 15.0 feet, more or less, to the Westerly boundary of the Peter Deward property. A strip of land 5 ft, gide for a permanent easement and an additional 20 ft.'for a temporary construction easement on each side of the following described center line: Commencing at the Northwest corner, Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and running North 89020'24" East 325.01 feet along the Northerly boundary line of said Section 18; thence South 0049105" West 388.8 feet along a line parallel to and 324.91 .feet Easterly of the Westerly boundary line of said Section 18 to a ppint, said point being the TRUE POINT OF BEGINNINI thence South 89020'24" West 1.49.91 feet to a point which is 175.0 feet Easterly of the Westerly boundary line of said Section 18. Meridian City Council Meeting DATE: July 18, 2017 ITEM TITLE: Caven Ridge Estates ITEM NUMBER: 6F PROJECT NUMBER: H-2017-0020 REVISED Findings of Fact, Conclusions of Law, Decision and Order for Caven Ridge Estates (H-2017-0020) by New Cavanaugh, LLC Located South of E. Victory Road and East of S. Meridian Road DATE: MEETING NOTES u✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E-MAILED TO STAFF CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0020 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement to Include a New Conceptual Development Plan for the Site; and a Preliminary Plat Consisting of 93 Building Lots and 7 Common Lots on 32.59 Acres of Land in an R-8 Zoning District for Caven Ridge Estates Subdivision, by New Cavanaugh, LLC. Case No(s). H-2017-0020 For the City Council Hearing Date of: June 6, 2017 (Findings on June 20, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0020 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 6, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the development agreement and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 6, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0020 - 3 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 6, 2017 I By action of the City Council at its regular meeting held on the day of � 2017. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED �( COUNCIL MEMBER TY PALMER VOTED \/�I COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor n de exp q0 Attest: V ow 2 city of IDDAAHO IDAHO C. y C s SEAL City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: qTkDated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER -4- FILE FILE NO(S). H-2017-0020 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 1 STAFF REPORT HEARING DATE: June 6, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: Caven Ridge Estates East – MDA, PP (H-2017-0020) I. SUMMARY DESCRIPTION OF APPLICANTS’ REQUEST The applicant, New Cavanaugh, LLC, has submitted an application for a modification to the development agreement (MDA) to include a new conceptual development plan for the site; and a preliminary plat (PP) consisting of 93 building lots and 7 common area lots on 32.59 acres of land in an R-8 zoning district. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning & Zoning Commission heard these items on May 4, 2017. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Kristi Watkins, JUB Engineers (Applicant’s Representative) ii. In opposition: None iii. Commenting: Dennis Bedient iv. Written testimony: Kristi Watkins, JUB Engineers (Applicant’s Representative) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Caleb Hood b. Key issue(s) of Public Testimony: i. Traffic impact of the proposed development on adjacent streets (Standing Timber & Victory) without Rumpel Lane being improved as a collector street out to S. Meridian Road/SH 69 (the applicant only has 25’ of frontage on Meridian Rd., which isn’t enough width to construct a public street). c. Key Issues of Discussion by Commission: i. The reconfiguration of the southern portion of the plat to comply with block length standards; ii. Concern that providing street frontage through the common area for the out-parcel where the existing home is located will reduce the amount of qualified open space (which currently exceeds the minimum requirement at 12.6%). d. Commission Change(s) to Staff Recommendation: i. Include a condition that street frontage via a local street is provided for the out-parcel where the existing home is located; direct access via Standing Timber Way, a collector street, is prohibited (see conditions #1.2.1d and 1.2.2f). e. Outstanding Issue(s) for City Council: i. The ACHD Commission held a hearing for this project on May 24th and continued the project to their June 21st meeting due to concern the project won’t have public access via S. Meridian Rd./SH 69 via Rumple Ln. (only emergency access is proposed due to the lack of right -of-way for a public street). Staff spoke with ACHD staff regarding this matter and staff didn’t expect their draft conditions (included in Exhibit B, Section 7) to change as this property does not have enough frontage on S. Meridian Rd./SH 69 for a public street to be constructed. EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 2 The Meridian City Council heard these items on June 6, 2017. At the public hearing, the Council approved the subject MDA and PP request. a. Summary of City Council Public Hearing: i. In favor: Kristi Watkins, JUB Engineers ii. In opposition: None iii. Commenting: Brenda Walther; Brett Walther; Patrick Thomas; Dan Thompson, Thompson Engineers (Traffic Engineer); Justin Lucas, ACHD iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern regarding the existing bird habitat in the copse of trees along the Ridenbaugh Canal that are proposed to be removed with development of the site; desire for the trees to be preserved for the benefit of the birds and residents in the area. ii. Concern regarding completion of this development without an access to S. Meridian Road/SH 69 via Rumple Lane and impact of traffic on E. Victory Road. c. Key Issues of Discussion by Council: i. Access for the proposed development and the issue of no public access via S. Meridian Road/SH 69 until the property to the west develops to provide additional right-of-way. d. Key Council Changes to Staff/Commission Recommendation i. Council approved a waiver to UDC 11-3A-6A to allow the Ridenbaugh Canal to remain open and not be piped due to its large capacity. ii. Modification to condition #1.2.1 and 1.2.2 per staff’s memo to Council dated June 6, 2017. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0020, as presented in the staff report for the hearing date of June 6, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0020, as presented during the hearing on June 6, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0020 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located south of E. Victory Road and east of S. Meridian Road, in the northwest ¼ of Section 30, Township 3 North, Range 1 East. B. Applicant: New Cavanaugh, LLC 3327 N. Eagle Road, Ste. 100 Meridian, Idaho 83646 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 3 C. Owner: New Cavanaugh, LLC 2289 S. Bonito Way, Ste. 100 Meridian, ID 83642 D. Representative: Kristi Watkins, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, Idaho 83709 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject applications are for a modification to the development agreement and a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on the preliminary plat; a public hearing is only required before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 14, 2017 (Commission); May 19, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: April 6, 2017 (Commission); May 11, 2017 (City Council) D. Applicant posted notice on site by: April 21, 2017 (Commission); May 24, 2017 (City Council) VI. LAND USE A. Existing Land Use(s): This property is currently being used for agricultural purposes and is zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residential (Caven Ridge Estates & Silverwater Subdivisions), zoned R-8 South: Single-family residential (Reflection Ridge Subdivision), zoned R-8; and a storage facility, zoned RUT in Ada County East: Single-family residential (Reflection Ridge Subdivision), zoned R-8 West: Vacant/undeveloped property (future single-family residential), zoned R-8 C. History of Previous Actions: In 2006, this property was annexed and zoned (AZ-06-015) as part of the larger Tanana Valley development; a development agreement was approved as a provision of annexation recorded as Instrument No. 106151214 and later amended (MI-07-011, Inst. #108065958). A preliminary plat was also approved but the property was re-platted in 2007 (PP-07-015) as Cavanaugh Subdivision; several time extensions were approved for that plat (TE-08-022; TE-10-005; TEC-11-005; TEC-13- 005). Since the preliminary plat for this project was approved, individual parcels within the preliminary plat area have been sold off and are now under different ownerships and are being developed separately, rather than as a single master-planned project as envisioned. For this reason, staff requested that the applicant submit a new preliminary plat for the remaining area south of the Ridenbaugh Canal owned by this developer that contains its own amenities. Property boundary adjustments were recorded in 2005 (ROS # 7140); and in 2011 (ROS #9007) (PBA-11-009) for this property. EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 4 D. Utilities: a) Location of sewer: Sanitary sewer mains intended to provide service to the subject development were installed in a previous phase of this development. b) Location of water: The subject development falls within two separate water pressure zones, and therefore will need to provide connections to each of those zones. c) Issues or concerns: Applicant shall be responsible for the extension of sanitary sewer and water mains to provide service. E. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal runs along the north boundary of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This property does not lie within the Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop the site with 93 single-family residential homes at a gross density of 2.82 dwelling units per acre (d.u./acre) and a net density of 4.14 d.u./acre consistent with the MDR FLUM designation. The proposed density is slightly below the density of 3 to 8 dwelling units desired in MDR designated areas, which will require approval from Council for a “step down” in density from MDR to LDR (Low Density Residential) for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02F) A 20-foot wide street buffer is required along S. Standing Timber Way and E. Rumpel Lane, both designated as collector streets, landscaped in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed low density residential development will provide another housing option in this portion of the City adjacent to existing low-medium density residential uses. Staff is unaware of how “affordable” homes in this development will be. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The UDC (11-3A-3) restricts access to collector streets when access is available from a local street. Access via local streets from the existing collector street (Standing Timber) is available for the proposed lots; therefore direct lot access to Standing Timber is prohibited. EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 5 “Permit new development only where urban services can be reasonably provided at the time of fina l approval and development is contiguous to the City.” (3.01.01F) City services are available to be extended by the developer to the proposed lots with development in accord with UDC 11-3A-21. “Develop pathways to connect Meridian with Boise, Nampa, Kuna, and Eagle.” (6.01.02C) A segment of the City’s multi-use pathway system is proposed within this site along the south side of the Ridenbaugh Canal. “Coordinate with irrigation districts to implement the proposed pathway network along irrigation canals, ditches, creeks and easements.” (6.02.02C) The applicant should coordinate with Nampa & Meridian Irrigation District for construction of the multi-use pathway along the Ridenbaugh Canal. “Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern.” (5.01.01D) The Ridenbaugh Canal runs along the north boundary of this site and is proposed to remain open and not be piped due its large capacity if Council approves a waiver to UDC 11-3A-6A.3 to allow it to remain open. To protect public safety, the canal should be fenced off with a 6-foot tall open vision fence having an 11-gauge 2-inch mesh or other construction equivalent in ability to deter access to the canal as set forth in UDC 11-3A-6B. “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) Internal pedestrian pathways, as well as connection to an existing pathway stubbed at the south boundary from Reflection Ridge Subdivision, are proposed within this development for interconnectivity. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The preliminary plat depicts extension of existing stub streets through this property. Extension of the existing stub street (E. Mona Lisa St.) at the east boundary will allow connectivity between this development and Reflection Ridge Subdivision. In accord with the above-stated policies and goals, Staff feels the proposed development is consistent with the Comprehensive Plan and the MDR FLUM designation if Council approves a “step down” in density for this development. VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): Development of this property is currently governed by the development agreement (DA) approved for the overall Tanana Valley/Cavanaugh Subdivision and later amended, which encompassed a total of 177+/- acres of land on the north and south sides of the Ridenbaugh Canal (Instrument No.’s 106151214 and 108065958). Because the parcels within this development were sold off individually after the preliminary plat was approved, it has not developed as a single master-planned project as envisioned. The property north of the canal is almost fully developed with multi-family and single-family residential homes. The property south of the canal, except for a 22+/- acre parcel on the west side of Standing Timber Way and the 4.51 acre parcel where the existing home is located, is owned by the subject developer. EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 6 Most of the site amenities for this development were located north of the canal and those south of the canal were on the property where the existing home is located that is now under private ownership. For this reason, staff requested the applicant modify the previous development agreements for the sole purpose of entering into a new one and apply for a new preliminary plat with stand-alone common area and site amenities. Concept Plan: The applicant submitted a conceptual development plan included in Exhibit A.3 that depicts how the 47+/- acres owned by the applicant located on the east & west sides of Standing Timber Way is proposed to develop. The applicant intends to submit the preliminary plat for the property on the west side of Standing Timber Way (i.e. Caven Ridge Estates West) within 2 to 3 years – after construction of Phase 4 of the Caven Ridge Estates East plat. The overall layout is substantially the same as the previous plat for Cavanaugh Subdivision. A total of 6.49 acres (or 13.78%) total open space is proposed with 5.15 acres (or 10.9%) of that amount being “qualified” per the standards listed in UDC 11-3G-3B. Because this property is under different ownership and is developing separately from that to the north of the canal and to the west of Standing Timber Way (Parcel #S1130234045), staff recommends the existing DA (Instrument No. 106151214, amended Instrument No.108065958) is amended to exclude the subject property and a new DA is required for the subject property. The new DA should include the proposed conceptual development plan and building elevations included in Exhibit A.2 and require future development to substantially comply with those plans. It should also require site amenities to be provided as proposed. See Exhibit A.5 for Staff’s recommended DA provisions. 2. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 93 building lots and 7 common lots on 32.59 acres of land in the R-8 zoning district. The plat is proposed to develop in 5 phases as shown in Exhibit A.3. The average lot size is 10,505 square feet (s.f.) with a minimum lot size of 6,955 s.f. in accord with UDC standards. Note: The configuration of the proposed plat is consistent with the previously approved plat for Cavanaugh Subdivision. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6 and the block length standards listed in UDC 11-6C-3F. Staff has reviewed the proposed plat and found it in compliance with the dimensional standards of the district, but not in compliance with the maximum block length standard of 750 feet in residential districts or 1,000 feet where a pedestrian pathway is provided. Block 4, which includes a pedestrian pathway, runs along the south boundary of the site and measures approximately 1,450 feet in length. City Council may approve a block face up to 1,200 feet in length where block design is constrained by site conditions that include an abutting urban project with no adjoining alley or street connections such as Reflection Ridge Subdivision that abuts the property to the south. The lots to the south abut this property for a continuous 1,260+/- feet from the east boundary to the west with only one pathway to break up the block face. Because this exceeds the maximum length allowed by approximately 250 feet, it does not comply with UDC standards and cannot be approved in its current configuration. Staff suggests the following revision to the plat: Reconfigure the streets in the southern portion of the development into two loops (S. Cannon Way/S. Daybreak Ave./E. Pisa Dr./S. Pisa Pl. and S. Standing Timber Way, S. Twilight Rise Way and E. Pisa Dr.). Common driveways may be used for access to lots (up to 6) off these streets as set forth in UDC 11-6C-3D. Implementation of this EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 7 change (or a similar change) will result in a block face length below 1,200 feet which, if approved by City Council, will comply with block length standards. Access/streets: Access will be provided via existing local streets from S. Standing Timber Way, a collector street, via E. Victory Road. Connection to existing stub streets in Caven Ridge Estates Subdivision No. 1 is proposed as well as to an existing local street (E. Mona Lisa St.) at the east boundary. Direct lot access via Standing Timber Way and E. Rumpel Lane, both collector streets, is prohibited; a note as such should be included on the final plat. (Note: E. Rumpel Lane will likely be re- named as Harris Street, consistent with that on the west side of S. Meridian Road.) This property has 25 feet of frontage on S. Meridian Road that currently exists as Rumple Lane, a private street, along the south boundary of the site. The Master Street Map depicts a collector street in this location and a 3-legged roundabout at the E. Rumple Ln./S. Windstone Ave. intersection. Access via the state highway (SH 69) is allowed by UDC 11-3H-4B at the half mile mark between section line roads as proposed. ACHD is not requiring the roundabout. A traffic signal is also planned for the Rumple (Harris)/Meridian Road intersection. Rumple Lane will be required to be improved as a collector street in accord with ACHD’s requirements but will not be able to be used for access to this development until more land is acquired from the property at the northeast corner of S. Meridian Road and Rumple Lane. Landscaping: Landscaping is required within the development as set forth in UDC 11-3B. A 20-foot wide street buffer is required along S. Standing Timber Way and E. Rumpel Ln., both designated collector streets, landscaped in accord with the standards listed in UDC 11-3B-7C. A street buffer is depicted on the landscape plan along Standing Timber Way and along the north side of Rumpel Lane west of Standing Timber Way in accord with UDC standards. Landscaping is required in common areas in accord with the standards listed in UDC 11-3G-3E; along pathways in accord with the standards listed in UDC 11-3B-12C; and within parkways in accord with the standards listed in UDC 11-3A-17E. A minimum 5-foot wide landscape strip is required on each side of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative groundcover (one tree every 100’ of pathway). The proposed micro-pathways comply with this standard; the landscaping along the north side of the multi-use pathway along the canal does not comply with this standard. The landscape plan depicts 20’ of landscaping on the south side of the pathway along the canal but no landscaping on the north side of the pathway; the plan should be revised to comply with UDC standards. The landscape plan also incorrectly depicts lot lines through this common area. Note: The curb, sidewalk and street buffer along the south side of Rumpel Lane will be required to be constructed when the property to the south (#S1130325752) redevelops in the future as dictated by the alignment of W. Harris Street on the west side of S. Meridian Road, per ACHD. Mitigation: The UDC (11-3B-10C.5) requires mitigation for all existing healthy trees 4” caliper and larger that are removed from the site. The City Arborist, Elroy Huff, visited the site and determined there were no existing trees that require mitigation. Sidewalks: Sidewalks are required to be constructed with development in accord with UDC 11-3A-17. A minimum 5-foot wide detached sidewalk is required along S. Standing Timber Way and Rumpel Ln., both collector streets; minimum 5-foot wide sidewalks are required along internal local streets as proposed. Sidewalks are proposed in accord with this requirement. Pathways: Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8. The Pathways Master Plan designates a 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal on this site; landscaping proposed along the pathway does not comply with UDC EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 8 standards (see Landscaping section above). Micro-pathways are proposed internally. Pathways proposed on the site comply with the construction standards listed in the UDC. Common Open Space & Site Amenities: Common open space and site amenities are required to be provided in accord with the standards listed in UDC 11-3G-3. A minimum of 10% (or 3.26 acres) qualified open space and one site amenity is required. A total of 4.10 acres (or 12.6%) of qualified open space is proposed consisting of parkways, the street buffer along S. Standing Timber Way, and an open grassy area over 50’ x 100’ in area; detailed calculations should be submitted with the final plat application(s). Amenities are proposed to include a swimming pool, (2) 18’ x 18’ structures connected by a roof in the middle containing restrooms, and a pool equipment and outdoor furniture storage room (see Exhibit A.2); large open area; playground equipment; and internal and multi-use pathways that are proposed to be shared by all Caven Ridge Estates residents. Because 37 building lots were approved in Caven Ridge Estates Subdivision that adjoins this site without any amenities, staff recommends the amenities proposed with this development in Lot 1, Block 2 are constructed with Phase I of Caven Ridge Estates East as proposed by the applicant. Parkways: Parkways are required to comply with the standards listed in UDC11-3A-17E. Six-foot wide parkways are proposed along internal local streets. Root barriers are required with 6-foot wide parkways and Class II trees are required to be planted. If parkways are widened to 8 feet, root barriers are not required and Class I or III trees may be considered. Fencing: All fencing should comply with the standards listed in UDC 11-3A-17. A 6-foot tall vinyl fence is proposed around the perimeter of this development. The Ridenbaugh Canal is required to be fenced with a 6-foot tall, 11 gauge, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway; the plans shall be revised accordingly. Waterways: The Ridenbaugh Canal is a large waterway that runs along the north boundary of this property and is proposed to remain open. The UDC (11-3A-3) requires waterways to be piped or otherwise covered unless improved as a water amenity or linear open space. Due to its large capacity, the applicant does not wish to pipe the facility; a waiver to UDC 11-3A-6A is required to be approved by Council for the waterway to remain open. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Services will be extended from Caven Ridge Estates No. 1. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The system will be operated and maintained by the Owner’s Association. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained on- site in seepage beds designed by a civil engineer. Building Elevations: Conceptual building elevations were submitted for the future homes in this development as shown in Exhibit A.2. Building materials consist of a mix of stucco, vertical & horizontal wood siding with stone and brick accents. Certificate of Zoning Compliance (CZC): A CZC is required to be submitted to the Planning Division and approved for the swimming pool, structure and parking area in accord with UDC 11-5B-1. EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 9 Design Review: A Design Review application is required to be submitted to the Planning Division concurrently with the CZC application for approval of the structure. The building elevations are required to comply with the standards listed in the Architectural Standards Manual. Staff recommends approval of the proposed MDA and PP applications as recommended by staff in Exhibits A.5 and B. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Phasing/Conceptual Development Plans and Building Elevations 3. Proposed Preliminary Plat (dated: 2/15/17 6/6/2017) 4. Proposed Landscape Plan (dated: 2/9/17) , revised stamp dated 5/30/17) 5. Development Agreement Provisions for Caven Ridge Estates B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map of Property Subject to Development Agreement D. Required Findings from Unified Development Code EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 10 Exhibit A.1: Vicinity/Zoning Maps Victory Rd. Area subject to Development Agreement Area subject to Preliminary Plat EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 11 Exhibit A.2: Phasing/Conceptual Development Plans & Building Elevations Configuration of the plat has been revised – Phasing Plan only EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 12 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 13 Concept Site Plan & Elevation of Structure in Pool Area EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 14 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 15 Exhibit A.3: Proposed Preliminary Plat (dated: 2/15/17 6/6/2017) EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 16 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 17 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 18 Exhibit A.4: Proposed Landscape Plan (dated: 2/9/17, revised stamp dated 5/30/17) EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 19 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 20 Exhibit A.5: Development Agreement Provisions for Caven Ridge Estates 1. Development of the subject property shall substantially comply with the conceptual development plan and building elevations included in Exhibit A.2 and the conditions of approval associated with the preliminary plat in Exhibit B. 2. The overall development shall include a minimum of 5.15 acres (or 10.9%) of qualified open space as set forth in UDC 11-3G-3B. 3. The development shall include at a minimum, the following amenities: a children’s play structure; swimming pool; structure containing restrooms, pool equipment room, and outdoor furniture storage room; a large open space area; internal pathways; and a multi-use pathway along S. Meridian Road and along the south side of the Ridenbaugh Canal in accord with UDC 11-3G-3C. 4. The site amenities (i.e. swimming pool; structure with restrooms and pool & outdoor furniture storage; parking lot and children’s play structure) in Lot 1, Block 2 shall be constructed with Phase I of Caven Ridge Estates East Subdivision. 5. The Ridenbaugh Canal is required to be piped or otherwise covered unless improved as a water amenity or linear open space unless waived by City Council as set forth in UDC 11-3A-6A. City Council approved a waiver to UDC 11-3A-6A to allow the Ridenbaugh Canal to remain open and not be piped due to the large capacity of the facility. EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 21 B. Agency & Department Comments/Conditions 1. PLANNING DIVISION 1.1 Development Agreement 1.1.1 The existing development agreement, recorded as Instrument #106151214, and amended Instrument No.108065958, shall be amended to exclude the subject property. A fee of $303.00 shall be paid to the Planning Division after approval of the Findings by City Council. 1.1.2 The new Development Agreement (DA) shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the modification/new agreement. The DA shall, at minimum, incorporate the provisions in Exhibit A.5 and the conceptual development plan and building elevations in Exhibit A.2. a. A legal description is required to be submitted for the boundary of the area governed by the DA. This has been submitted and is included in Exhibit C. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat included in Exhibit A.3, dated 2/15/17 6/6/17, shall be revised as follows at least 10 days prior to the City Council hearing: a. Reconfigure Block 4 (and the associated area) to comply with the block length standards contained in UDC 11-6C-3F. Note: A block length of 1,200 feet requires approval by City Council as set forth in UDC 11-6C-3F.3b; otherwise the block length shall be limited to 1,000 with the provision of a pedestrian pathway as set forth in UDC 11-6C-3F.3a. b. Note #3: “All lots are residential building lots except Lot 1 of Block 2, Lots 2 and 8(?) of Block 3, Lots 21 and 18 of Block 4, Lot 1 of Block 5, Lot 1 of Block 6, which are common areas/drainage storage lots. Lot 1 of Block 1 is for the Ridenbaugh Canal easement.” The plat appears to be missing a common lot for a pedestrian pathway between Lots 7 & 8 and 19 & 20, Block 3 that is depicted on the landscape plan. c. Include a note on the final plat stating direct lot access to S. Standing Timber Way and E. Rumpel Lane/Harris St. is prohibited. d. Public street frontage shall be provided via a local street for the out-parcel where the existing home is located; direct access via Standing Timber Way, a collector street, is prohibited. e. Depict a minimum 15-foot wide common lot for a pathway between Lots 51 & 52, Block 4. 1.2.2 The landscape plan included in Exhibit A.4, dated 2/9/17 (revised 5/30/17), shall be revised as follows: a. Include a detailed calculations table that demonstrates compliance with qualified open space and landscaping requirements. b. Depict the reconfiguration of the plat as required above in condition #1.1.1a. c. Remove the lot lines depicted through the common lot containing the landscaping and pathway along the Ridenbaugh Canal. d. Landscaping is required along the north side of the adjacent to the pathway along the Ridenbaugh Canal in accord with the standards listed in UDC 11-3B-12C. Trees and landscaping required along the pathway should be provided within the common lot, not adjacent to the building lots, unless otherwise approved through Alternative Compliance. e. Fencing is required along the south side of the Ridenbaugh Canal between the canal and the pathway as set forth in UDC 11-3A-6B.3 to deter access to the ditch for public safety purposes. EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 22 f. Public street frontage shall be provided via a local street for the out-parcel where the existing home is located; direct access via Standing Timber Way, a collector street, is prohibited. g. Depict a minimum 15-foot wide common lot containing a 5-foot wide pathway with 5 feet of landscaping on either side between Lots 51 & 52, Block 4, as set forth in UDC 11-3B-12C. 1.2.3 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.2.4 A Certificate of Zoning Compliance and Design Review application shall be submitted for approval of the swimming pool, structure and parking area prior to submittal of a building permit application for such items. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11- 2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for non- residential uses. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11- 3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 23 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11 -3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The subject development falls within two separate water pressure zones, and therefore will need to provide connections to each of those zones. The utility plans submitted with the application do not show a water main in S. Cannon Way. The S. Cannon Way water main must connect to existing water main to the east. Lots on E. Pisa Drive west of S. Twilight Rise Way cannot be served by pressure zone 4. Pressure Zone 5 water must be brought from offsite (existing main lines to east at the Reflection Ridge Subdivision, and west to Meridian Road) in order to serve these lots. Valves must be installed to enable pressure zone boundary (inline valve on S Standing Timber Way near the subdivision boundary, and valve on west side of E. Pisa Drive and S. Twilight Rise Way. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/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- EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 24 grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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. EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 25 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 wit h the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 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 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. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 26 4.1 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.2 Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs – “No Parking” signs are required to be erected along the driveway leading to the swimming pool/common area on Lot 1, Block 2. 4.3 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. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 Developer shall construct a 10' multi-use pathway along the south side of the Ridenbaugh Canal per the Meridian Pathways Master Plan. A pedestrian easement shall be required with final plat. 7. ADA COUNTY HIGHWAY DISTRICT (A hearing was scheduled before the ACHD commission for this application on May 24th and was continued to June 21st – a final report should be issued after that date.) 7.1 Site Specific Conditions of Approval (DRAFT) 7.1.1 Construct Standing Timber Way internal to the site as a 46-foot street section with vertical curb, gutter and 5-foot wide detached sidewalk. Dedicate a minimum of 50-feet of right of way for Standing Timber Way. 7.1.2 Provide a permanent right-of-way easement for all public sidewalks placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. 7.1.3 Construct Rumpel Lane east of Standing Timber Way, abutting the site, as a 36-foot street section, with vertical curb, and gutter. Construct 5-foot wide (minimum) detached concrete sidewalk on the north side of Rumpel Lane. Dedicate a minimum of 40-feet of right-of-way for this segment of Rumpel Lane, extending to the southern property line. 7.1.4 Dedicate the offsite portion of Rumpel Lane west of Standing Timber Way to Meridian Road (SH-69) to ACHD as right-of-way for the future construction of the full public street. 7.1.5 Provide a road trust of $16,750 for the Rumpel Lane / Harris Street and Meridian Road (SH-69) traffic signal. 7.1.6 Provide a road trust of $38,700 for the off-site portion of Rumpel Lane to Meridian Road (SH-69). 7.1.7 Construct internal local streets as 33-foot street sections with rolled curb, gutter and 5-foot wide detached sidewalk. Dedicate a minimum of 37-feet of right-of-way for all internal local streets. 7.1.8 Construct Pisa Drive to intersect Standing Timber Way located 220-feet north of Rumpel Lane. 7.1.9 Extend the existing stub streets as follows into the site: Standing Timber Way Palermo Drive Cannon Way Sicily Drive EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 27 Mona Lisa Street 7.1.10 Extend the right of way for Standing Timber Way to the western property line a minimum of 50-feet wide in alignment with Pisa Drive, to allow for the future extension to the undeveloped site to the west. 7.1.11 Redesign the intersection of Pisa Drive and Twilight Rise Way to provide a minimum tangent length of 150-feet OR Redesign the intersection to a T-type intersection (intersecting at a 90˚ angle) and provide center landscape medians or chicanes on Pisa Drive. 7.1.12 Standing Timber Way and Rumpel Lane are classified as collector roadways. Direct lot access is prohibited to these roadways and should be noted on the final plat. 7.1.13 Payment of impacts fees are due prior to issuance of a building permit. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval (DRAFT) 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 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 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 28 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 29 C. Legal Description & Exhibit Map of Property Subject to Development Agreement EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 30 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 31 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 32 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 33 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 34 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 35 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 36 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 37 EXHIBIT A Caven Ridge Estates East – MDA, PP H-2017-0020 PAGE 38 D. Required Findings from Unified Development Code 1. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to transportation and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more information from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based on comments provided by public service providers (i.e., Police, Fire, ACHD, etc.) (see Exhibit B for more detail). e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 6 PROJECT NUMBER: H-2017-0048 ITEM TITLE: Nursery Subdivision Findings of Fact, Conclusions of Law, Decision and Order for Nursery Subdivision (H-2017- 0048) by JLJ, Inc., Located 570 S. Linder Road DATE: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes r-► FRKs OFFICE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E-MAILED TO STAFF CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0048 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a preliminary plat consisting of 29 building lots and 5 common lots on 5.45 acres of land in the R-8 zoning district by, JLJ, Inc.. Case No(s). H-2017-0048 For the City Council Hearing Date of: July 5, 2017 (Findings on June 18, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 5, 2017, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0048 - 2 - 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 approved with the requirement of a development agreement; and short plat is hereby approved per the provisions in the Staff Report for the hearing date of July 5, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0048 - 3 - period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 5, 2017 By action of the City Council at its regular meeting held on the [ day of 2017. COUNCIL PRESIDENT KEITH BIRD VOTED 7CA COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED A l� COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: C.by Col( City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. r /� ► By: Dated: C CityClerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0048 - 4 Nursery Subdivision H-2017-0048 PAGE 1 STAFF REPORT Hearing Date: July 5, 2017 (Continued from June 27, 2017) TO: Planning and Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2017-0048 – Nursery Subdivision I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, JLJ, Inc., has submitted an application for a preliminary plat (PP) consisting of twenty nine (29) building lots and five (5) common lot on 5.45 acres of land in the R-8 zoning district for Nursery Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on June 1, 2017. At the public hearing, the Commission moved recommend approval of the project. a. Summary of Commission Public Hearing: i. In favor: Jim Jewett, Derek Kerner ii. In opposition: Renee Jones iii. Commenting: Bob Clamer, Bret Carpenter, Renee Jones iv. Written testimony: Jim Jewett (Applicant) v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Traffic through the area, and concerns over the number of entrances to the subdivision for the number of homes. c. Discussion by Commission: i. The number of access points out of the area. ii. Whether or not the applicant coordinated with the adjacent HOA to share amenities. iii. Is it possible to have an entrance off of Linder Road for this development? iv. Concerns about the lack of open space and amenities for the development. d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.2a as follows “The applicant shall provide additional open space in order to meet the 10% requirement. The applicant shall convert Lot 23, Block 1 into a common lot. e. Outstanding Issue(s) for City Council: i. None Nursery Subdivision H-2017-0048 PAGE 2 The Meridian City Council heard these items on July 5, 2017. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Jim Jewett ii. In opposition: None iii. Commenting: None 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. None c. Key Council Changes to Staff/Commission Recommendation ii. None 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-2017-0048, as presented in the staff report for the hearing date of June 1, 2017, 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-2017-0048, as presented during the hearing on June 1, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0048 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 570 S. Linder Road, in the NW ¼ of Section 13, Township 3 North, Range 1 West. B. Owner: JLJ, Inc. 167 E. White Spur St. Meridian, ID 83642 C. Applicant: JLJ, Inc. 167 E. White Spur St. Meridian, ID 83642 D. Representative: Sawtooth Land Surveying/ Nick Bennett 2030 S. Washington Avenue Emmett, ID 83617 Nursery Subdivision H-2017-0048 PAGE 3 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 12, 2017 (Commission) June 9, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: May 4, 2017 (Commission) June 5, 2017 (Council) D. Applicant posted notice on site(s) on: May 17, 2017 (Commission) June 23, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The site is vacant with an R-8 zoning designation. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential property zoned R-4 (Mallard Landing) 2. East: Single-family residential property zoned R-4 (Mallard Landing) 3. South: Single-family residential property zoned R-4 (Mallard Landing) 4. West: Single-family residential property zoned R-4 (Van Hees Sub) C. History of Previous Actions: 1. In 2006 the property was annexed and zoned as Nursery Subdivision (AZ-06-038) and granted preliminary plat approval for 25 residential lots and 4 common lots (PP-06-036). D. Utilities: 1. Location of sewer: Sanitary sewer intended to serve this development currently exist in S. Linder Road. 2. Location of water: Domestic water intended to serve this development currently exist at the terminus of S. Tylee way and S. Linder Road. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. 2. Hazards: None 3. Flood Plain: This property does not lie within the flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. The Comprehensive Plan anticipates densities between 3 to 8 dwelling units per acre. The proposed preliminary plat depicts a residential subdivision consisting of twenty-nine (29) single-family detached homes on 5.45 acres of land at a gross density of 5.28 dwelling units per Nursery Subdivision H-2017-0048 PAGE 4 acre and a net density of 7.65 dwelling units per acre. The proposed density falls within the density requirements of the UDC. For these reasons, staff finds the proposed development is consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and the proposed development (staff analysis in italics below policy): “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 medium density residential development will contribute to the variety of residential densities in this area of the City, which currently consists of a mix of medium-low density residential developments. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is adjacent to properties annexed into the city and services are available to be extended to the site upon development in accord with UDC 11-3A-21. “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I) The subject property is surrounded by properties developed at suburban densities consistent with the density of the proposed residential development. The proposed development will also consist of single family detached homes. The proposed lots are similar to the adjacent subdivisions, the proposed lot sizes comply with the dimensional standards of the proposed R-8 zone and the requirements of the recorded development agreement. “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.”(3.05.02C) The applicant is required to comply with all UDC standards pertaining to landscaping, signage, and fencing on the site. “Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 0.62 of an acre (or 12%) of qualified open space/common area to be provided on the site. The applicant is proposing a pathway, an open space common lot, and half of the Linder Road landscape buffer as open space. “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 connection to Linder Road via the proposed pathway, as well as the extension of the stub street provided from the south which will provide for pedestrian connectivity with The Landing Subdivision. After considering all of these factors staff finds that the proposed development is generally consistent with comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium Nursery Subdivision H-2017-0048 PAGE 5 low-density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is a principally permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Preliminary Plat The proposed plat consists of twenty-nine (29) building lots, and five (5) common area lot. The plat is proposed to develop in one phase. The gross density for the subdivision is 5.28 d.u./acre and the net density is 7.65 d.u./acre. The minimum lot size is 5,005 square feet and the Average lot size is 5,935 square feet. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and UDC 11-2A-3. Staff has reviewed the proposed plat and found it to be in compliance with these standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found it in compliance with this standard. Traffic Impact Study (TIS): ACHD did not require a TIS for this development. Landscaping: The landscape plan prepared by The Land Group, on 04/05/2017, is approved with the following modifications/notes: The pedestrian pathway along the east side of Linder Road is measures 5 feet in width for this entire section of Linder Road, so the Park Department has agreed that a 5-foot wide section would be appropriate for this section as well. The proposed 10-foot multi-use pathway that would connects Linder Road to the eastern property line though a nice addition to the project hold little utility as a 10-foot section. This pathway will dead end on the east side of Lot 34, Block 1, and therefor will be of little use. Additionally because this is not on the adopted pathways master plan, it cannot be used to meet the open space requirement for the plat. The applicant will need to provide additional open space in order to meet the 10% requirement. Staff’s suggestion is that Lot 23, Block 1 be converted to a common lot. Though the pathway cannot be used as open space, it can be used as an amenity. Staff will require a 5 foot micropath through Lots, 31, 32 and 33. The section of pathway that runs through Lot 34 can be converted back into the buildable lot for Lot 1. All micropaths shall be shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12. The UDC requires a 5-foot landscape buffer on both sides of the proposed micro-pathway. In order to meet the width requirement, and in order to plant vegetation that is required by Nursery Subdivision H-2017-0048 PAGE 6 the UDC, the applicant shall provide an additional 5 feet of landscaping outside of the existing 20 foot irrigation easement. Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Irrigation Easement: An existing 20 foot wide easement in favor of the Nampa Meridian Irrigation district runs along the southern boundary of this project. This easement shall be located within a common lot as required by the UDC. Common Areas: Maintenance of all common areas should be the responsibility of the Nursery Subdivision Homeowners Association. Stub Streets: The applicant should be required to provide a public stub street to Parcel #S1213233965, the Calhoun property, as proposed. Common Drive: The common drive proposed for Lots 4, 5 and 6, Block 1 should be design in accordance with UDC 11-6C-3D. Existing Residences/Buildings: The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings should be removed/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by the City Engineer. Fencing: Six (6) foot vinyl fencing is shown on the preliminary plat adjacent to S. Linder Road and four (4) foot open-vision fencing is proposed along the proposed multi-use pathway. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing adjacent to all multi-use pathways and common areas is also required; this fencing should be constructed as up to six foot open vision or four foot solid. All fencing shall be installed in accordance with UDC 11-3A-7. 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 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. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. Nursery Subdivision H-2017-0048 PAGE 7 Building Elevations: The applicant has submitted 3 conceptual building elevation renderings and 2 photos for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a variety of siding materials and patterns, and stucco with stone veneer accents. Design review is not required for single-family detached homes. If 2-story homes are constructed on Lots 11 and 12, Block 2, they will be highly visible from E. Victory Road, an arterial street. Therefore, staff recommends the rear elevations of 2-story homes incorporate articulation through changes in two or more of the following: material type, projections, recesses, step-backs, bays, banding, pop-outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. In summary, staff recommends approval of the proposed preliminary plat request for this site and with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 03/22/2017) 3. Proposed Landscape Plan (dated: 9/19/06) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code PAGE 7 A. Drawings 1. Vicinity/Zoning Map PAGE 8 2. Proposed Preliminary Plat (dated: 03/22/2017) PAGE 9 3. Proposed Landscape Plan (dated: 04/05/2017) - 2 - 4. Conceptual Building Elevations - 3 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 03/22/17, is approved with the conditions listed herein. 1.1.2 Prior to submittal of the final plat application, the landscape plan included in Exhibit A.3, dated 04/05/17, shall be revised as follows: a. The applicant shall provide additional open space in order to meet the 10% requirement. The applicant shall convert Lot 23, Block 1 into a common lot. b. The applicant shall submit a revised landscape table indicating which areas are being used to meet the open space requirement. c. The micro pathway shall be constructed in accordance with UDC 11-3A-8. d. UDC 11-3B-12 requires a 5-foot landscape buffer on both sides of the proposed micro pathway. In order to meet the width requirement, and in order to plant vegetation that meets the requirements outlined in 11-3B-12, the applicant shall provide an additional 5 feet of landscaping on the north side of the pathway outside of the existing 20 foot irrigation easement and obtain a license agreement from the irrigation district to plant vegetation on the south side. 1.1.3 The multi-use pathway along the Kennedy Canal shall be located in a common lot. 1.1.3 All existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 1.1.4 Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. 1.1.5 A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14 1.1.6 The street light locations shown in the preliminary plat drawing meet requirements. However, the light at the subdivision entrance should be moved across Whitelaw Ct. to the south side of lot 1 near the existing pedestrian ramp. This will better light the intersection and pedestrian crossing. A street light plan is required to be included in the final plat application. The 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. 1.1.7 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.8 The applicant shall provide a public stub street to Parcel #S1213233965, the Calhoun property, as proposed. 1.1.9 The common drive proposed for Lots 4, 5 and 6, Block 1 shall be design in accordance with UDC 11-6C-3D. 1.1.10 All existing buildings shall be removed/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by the City Engineer. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. - 4 - 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 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. - 5 - 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Domestic water intended to serve this development currently exist at the terminus of S. Tylee way and S. Linder Road. Applicant shall be required to complete the connection to both existing mains in order to complete the loop. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. - 6 - 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, 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. - 7 - 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 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 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. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 The emergency access road must be able to hold 75,000 pounds. The applicant shall work with the Meridian Fire Department on the design on the emergency access road. 4.2 The applicant shall revise the plans to indicate the location of any fire hydrants. 5. REPUBLIC SERVICES 5.1 Lots taking access from a common driveway shall bring trash totes to the end of the common driveway for trash removal. 6. PARKS DEPARTMENT 6.1 Developer shall construct a 10 foot wide multi-use pathway along the Kennedy Lateral as proposed in drawings. A pedestrian pathway easement is required. 6.2 The applicant shall contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an inspection to determine mitigation requirements for healthy trees on the site, 4-inch caliper or greater, that are proposed to be removed in accord with the provisions listed in UDC 11-3B-10C. 7. ADA COUNTY HIGHWAY DISTRICT (At the date of this staff report, staff had not received comments from ACHD) - 8 - D. 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 Comprehensive Plan in regard to land use, transportation, and circulation and will be consistent with the density of the MDR FLUM designation. 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. 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. Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 6H PROJECT NUMBER: H-2017-0085 ITEM TITLE: Tree Farm Subdivision No. 2 Final Order for Tree Farm Subdivision No. 2 (H-2017-0085) by M3 Companies, LLC Located North of Chindatelen Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes DATE: IE -MAILED TC STAFF r► FRKq nFFICE FINAL ACTION SENT TO APPLICANT NOTES INITIALS SENT TO AGENCY ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM SUB 2 – FP (H-2017-0085) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 5, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 38 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 9 COMMON LOTS ON 15.92 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR TREE FARM SUBDIVISION NO. 2 BY: M3 COMPANIES, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0085 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 5, 2017 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 TREE FARM SUBDIVISION NO. 2, SITUATED IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 06/21/2017, BY CODY M. MCCAMMON, PLS, SHEET 1 OF 8,” is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM SUB 2 – FP (H-2017-0085) Page 2 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 July 5, 2017, 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, JUB 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 5 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. 71,17 By action of the City Council at its regular meeting held on the day of b6ly , 2017. eo AUGUST', O z c lly d By. Tamm e eerd Com►' ' E ID�� y IDAHO Mayor, y of Meridian W Attest: z� SEAL '?Of e TR�P�J�� C. ay Cole City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Aa� 114 I ,/- *( i( Dated `7- l U - 1 -?- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM SUB 2 — FP (H-2017-0085) Page 3 of 3 Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 1 STAFF REPORT MEETING DATE: July 5, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Tree Farm Subdivision No. 2 (H-2017-0085) I. APPLICATION SUMMARY The applicant, M3 Companies, LLC, has applied for final plat (FP) approval of thirty-eight (38) single-family residential building lots and nine (9) common lots on approximately 15.92 acres of land in the R-4 and R-8 zoning districts. This is the second phase of the Tree Farm Subdivision. Note: The original final plat application was for 39 single-family lots. The applicant has since revised their plans to 38 single-family lots. II. STAFF RECOMMENDATION Staff recommends approval of the Tree Farm Subdivision No. 2 final plat application 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-2017-0085 as presented in the staff report for the hearing date of July 5, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0085, as presented during the hearing on July 5, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0085 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 4740 W. Chinden Blvd., in the SW ¼ of Section 22, Township 4N., Range 1W. B. Owners: Drew Eggers 2256 N. Waggle Place Meridian, ID 83646 C. Applicant: M3 Companies, LLC, (Mark Tate) Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 2 1087 W. River Street, Suite 310 Boise, ID 83702 D. Agent: JUB Engineers (Kristi Watkins) 250 S. Beechwood Ave. Suite 201 Boise, ID 83709 V. STAFF ANALYSIS The proposed final plat depicts thirty eight (38) single-family residential building lots and nine (9) common lots on 15.92 acres of land, zoned R-4 and R-8. The gross density of the proposed subdivision is 2.44 dwelling units (d.u.) per acre with a net density of 4.54 d.u. per acre. The minimum property size is 6,502 square feet with an average property size of 8,131 square feet (s.f.). All of the lots proposed for this phase of development are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Open space proposed for this phase consists of several passive open space lots, dimensioned 50’ X 100’, collector street buffers and parkways. The open space proposed with this phase is consistent with the overall project open space approved with the preliminary plat, however the calculations do not match the open space proposed for this phase. The applicant shall provide an open space exhibit identifying the open space for this specific phase prior to signature on the final plat. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat. Because the number of buildable lots and common open space is the same, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B- 3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-06-004 and AZ-06-050), rezone and preliminary plat (H-2016-0128 and development agreement H-2016-0128 (Inst. No. 2017- 035132). 2. The applicant has until February 22, 2019 to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by JUB Engineers, dated June 21, 2017 by Cody M. McCammon shall be revised as follows: Include the instrument # for note #10 referencing the ACHD license agreement instrument number. Include the instrument # for note #5 referencing the development agreement. Include the missing information from note # 11. Include the instrument # and date for note number 13. Include the instrument # for easement note #6 referencing the ACHD storm drain easement instrument number. Include the instrument # for easement note #7 referencing the ACHD right-of-way easement instrument number. Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 3 Note #1: Replace Lot 5, Block 6 as a called out as a common lot in note #1 and replace with Lot 9, Block 6. Graphically depict a 20-foot wide common lot along the west boundary of N. Black Cat Road. Add the following note: Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owners association. 5. The landscape plan prepared by Greey, Pickett Landscape Architecture, dated 10/28/2016 shall be revised to show the landscaped area specific to this phase of the development. 6. The applicant shall provide one (1) full size copy of landscape plan and an electronic copy with the aforementioned changes prior to obtaining City Engineer’s signature on the final plat. Per UDC 11-3A-17 all parkways shall be eight (8) feet in width, measured from back of curb. 7. The applicant shall provide a stub street and a cross access across the common lot on the west side of N. Black Cat Road in favor of parcel # S0421449000 or the applicant can deed that non- buildable lot to the property owner of parcel #S0421449000. Proof of ownership transfer must be provided at the time of signature on the final plat. 8. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing micropaths and pathway lots to distinguish the common areas from the private areas. 9. Future homes/structures constructed in this subdivision shall substantially comply with the sample elevations approved with the preliminary plat. Because homes on lots that back-up to public streets such as N. Tree Crest Drive and N. Black Cat Road (Lots 6-18, Block 6) will be highly visible; the side of any structure that faces the public street on these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Single story homes are exempt from this requirement. 10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 11. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 12. Prior to signature of the final plat by the City Engineer, the applicant shall provide a lette r 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. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 4 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development feat ures 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. Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 5 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 (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 C. Proposed Final Plat D. Proposed Landscape Plan Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 6 Exhibit A – Vicinity Map Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 7 Exhibit B – Approved Preliminary Plat Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 8 Exhibit C – Proposed Final Plat Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 9 Exhibit D –Proposed Landscape Plan 1 Joshua Beach From:Kristi Watkins <kwatkins@jub.com> Sent:Thursday, June 29, 2017 4:14 PM To:Joshua Beach Cc:Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Subject:RE: Revised Tree Farm No. 2 We accept this staff report as written. Thank you, Kristi From: Joshua Beach [mailto:jbeach@meridiancity.org] Sent: Thursday, June 29, 2017 3:24 PM To: Kristi Watkins <kwatkins@jub.com> Cc: Barbara Shiffer <bshiffer@meridiancity.org>; C.Jay Coles <cjcoles@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Machelle Hill <mhill@meridiancity.org> Subject: Revised Tree Farm No. 2 We’re good. I’ve attached the staff report with that revised condition. Review it and get it back to me and we should be able to get it on the consent still. Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 Built for Business, Designed for Living www.opportunitymeridian.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Kristi Watkins [ mailto:kwatkins@jub.com ] Sent: Thursday, June 29, 2017 3:21 PM To: Joshua Beach Cc: Bill Parsons Subject: RE: Tree Farm No. 2 Any word…are we out of time? From: Joshua Beach [ mailto:jbeach@meridiancity.org ] Sent: Thursday, June 29, 2017 1:24 PM To: Kristi Watkins < kwatkins@jub.com > Cc: Bill Parsons < bparsons@meridiancity.org > Subject: RE: Tree Farm No. 2 We’ll get back to you on this. 2 Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 Built for Business, Designed for Living www.opportunitymeridian.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Kristi Watkins [ mailto:kwatkins@jub.com ] Sent: Thursday, June 29, 2017 1:18 PM To: Joshua Beach Subject: RE: Tree Farm No. 2 We agree with the conditions, with the exception of one… Condition 7: The Owner has an agreement with the Doug Carnahan to give him the remnant parcel, so doesn’t really make sense to stub to it from this development. Can we change the wording of the condition to be required to either deed the property to another party or…your suggested wording? Thank you, Kristi From: Joshua Beach [ mailto:jbeach@meridiancity.org ] Sent: Thursday, June 29, 2017 9:09 AM To: Kristi Watkins < kwatkins@jub.com > Cc: Barbara Shiffer < bshiffer@meridiancity.org >; C.Jay Coles < cjcoles@meridiancity.org >; Charlene Way <cway@meridiancity.org >; Machelle Hill < mhill@meridiancity.org > Subject: Tree Farm No. 2 Kristi - Please submit a written response to the staff report to the City Clerk’s office (cjcoles@meridiancity.org , mhill@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. Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 3 Built for Business, Designed for Living www.opportunitymeridian.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 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. 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. 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: July 18, 2017 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: Approval of Task Order 10044.M Materials Testing, Inc. (MTI) for the "WRRF HADWORKS CAPACITY EXPANSION - SPECIAL INSPECTIONS" project for a Not -To -Exceed amount of $129,967.00 MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes c►_FRKS OFFICE FINAL ACTION DATE. E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT Page 1 Memo To: CJ Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Troy Thrall Date: 7/11/2017 Re: July 18 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 18 th City Council Consent Agenda for Council’s consideration. Approval of Task Order 10044.M Materials Testing, Inc. (MTI) for the “WRRF HADWORKS CAPACITY EXPANSION – SPECIAL INSPECTIONS” project for a Not-To-Exceed amount of $129,967.00. Recommended Council Action: Award of Task Order 10044.M to MTI for the Not-To-Exceed amount of $129,967.00. Thank you for your consideration. City of Meridian Purchasing Dept. Page 1 of 2 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer Public Works Department TO: Keith Watts FROM: Troy Thrall Staff Engineer II DATE: 7/11/2017 SUBJECT: TASK ORDER 10044.M – WRRF HEADWORKS CAPACITY EXPANSION PROJECT MATERIALS TESTING AND SPECIAL INSPECTION WITH MTI FOR A NOT-TO-EXCEED AMOUNT OF $130,001.00 PURSUANT TO THE MASTER AGREEMENT APPROVED BY CITY COUNCIL ON OCTOBER 1, 2014. I. DEPARTMENT CONTACT PERSONS Troy Thrall, Staff Engineer II 489-0348 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, PW Director 985-1257 II. DESCRIPTION A. Background The project will ensure that the WRRF will meet future capacity demands as the City continues to grow. Construction of this project commenced on June 12 with a construction period of 18 months. Special inspection and material testing are required during the construction phase of the project. B. Proposed Project The Headworks Capacity Expansion Construction Project requires special inspection services due to the size and technical nature of this project that includes the construction of several new wastewater process facilities and buildings. MTI will provide special inspection services for this construction project. Inspection services will include but are not limited to soils testing & inspection, Page 2 of 2 concrete testing & inspection, masonry testing & inspection, seepage testing & inspection, steel testing & inspection, and asphalt testing & inspection. III. IMPACT A. Fiscal Impacts Funding is available in the WRRF Headworks with Odor Control enhancement for this task order. The value of this task order with MTI is $130,001.00 and the enhancement value for FY17 is $7,205,326.17. Project Costs: Fiscal Year 2017 Account Code / Codes Costs Material Testing and Special Inspection 60-3590-96164 $130,001.00 Total $130,001.00 B. Time Constraints Approval of this contract is required for the Headworks Capacity Expansion Construction Project. If this contract is not approved the construction project may not proceed. Departmental Approval: ____________ TASK ORDER NO. .IOO44.M Pursuanl to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNEB) AND MATERIALS TESTING AND INSPECTION (CONSULTANT) This Task Order is made this 13th day of June 2017 and entered into by and between the City of Meridian, a municipal corporation organized under the laws ol the State of ldaho, hereinafter relerred to as "City", and accepted by (CONSULTAND. hereinafter reterred lo as "CONSULTANT" pursuant to the mutual promises, covenant and conditions conlained in the Master Agreement (category 4a) between the above mentioned parties dated October 1,2014. The Project Name lor this Task Order is as lollows: WRRF HEADWORKS CAPACITY EXPANSION - SPECIAL INSPECTIONS SCOPE OF WORK fask 1 - Solls Testlng and lnsp*tion Compaclion testing will be performed during the planned trips to the pro.lect sile for this item. ln addition, MTI will perform geotechnical observations after stripping activities have taken place to confirm footing bearing surfaces. Task 2 - Concrete Testlng and lnspectlon "special lnspeclion" of reinforcing steel and concrete is required. lnspection of reinforcing sleel and teslingiinspection ol concrete will be performed during the planned trips to the project site tor this item. One set of I concrete cylinders will be cast for each 100 cubic yards, or fraction thereof, o{ each concrete mix placed each day. Additional: one iample of concrete aggregate will be pulled prior to each concrele placement from the batch plant. Please nole testlng of slump, alr, and temperature are lncluded wlthln MTI'9 rale tor "Concrele lnspectot". Task fror loot4.M WWRF Headxo*s Capaclty Expatrsion - Spochl lrcpo€cUons Materials TestirE & lnpcedions Pago 1 ol 5 Task 6 - Prolect Management Project managemenl and engineer oversight will be provided as required to manage the project and prepare formal reports. Services will generally include the following: attending proiect meeling, scheduling appropriate field personnel and providing oversight, processing of reports, reviewing project mix designs, reviewing conslruction documenls, preparing invoices, and providing a communication link between project team members. ASSUMPTIONS It has been assumed that the steel materials for this proiect will be fabricated by an "Approved Fabricator" (AISC Certified Fabrication Shop) as defined by the lBC. Therefore this item has not been included in this estimate. ll Fabrication Shop inspections are nec€ssary an estimate will be provided upon request. Task Order 1(n44.M WWRF Headno.ks Capacity Expansion - Special lnsposctions Mate als Testing & lnpsections Pag6 2 ol 5 Task 4 - Structural Steel Testlng and lnspectlon "Special lnspection" of welded and bolted connections is required. Periodic visual welding inspection will be performed on all lield welds. Bolted connections will be inspected in accordance wilh the proiect specifications. The first trip should be perlormed at the start-up of welding or bolting operalions to check certilicalions or boll calibrations and review procedures with on-site welders / steel workers. The intermediate trips should be performed to inspect welds or bolts that are to be covered prior to the final inspection. The linal inspeclion should be performed at the completion of welding and / or bolting, but prior to departure ol the steel crew, to inspect the finished product. Task 3 - Masonry Testlng and lnspectlon "Special lnspection" ol masonry is required. lnspection will consist of inspecling cell conditions and reinforcing steel placement prior to grouting and witnessing of grouting activities during placement. lnspeclions will be performed on a periodic basis during the planned trips to the proiect site for this item. Testing will include compressive strength of masonry units, masonry prisms, and grout prisms. Task 5 - Asphalt Testlng and lnspection Monitoring of placement and density testing will be perlormed during the planned trips to the project site for this item. Asphalt cores will be taken lo verily thickness and densily ol asphalt and lo perform nuclear gauge correlalion. ln addition, MTI will obtain samples of the hot mix asphalt (HMA) to determine asphalt content and gradation of the materials being delivered to the project site. lf lhe construction schedule does not follow MTI's estimated production rates and schedule, the quantities and number o, trips required will vary. Variances from lhe estimated number of trips will be billed at the indicated unit rates. The result may be a decrease or increase in the total testing and inspeclion costs. COMPENSATION SCHEDULE COMPENSATION SCHEDULE Task Description Qly Hale Sub-Total I SOILS TESTING & INSPECTION a Soils Field Density Technician D2922/6938 475 $4s $21 ,375 b Proctor D698, 01557/T99, T180 3 $140 $420 c Si6ve - Coarse & Fine C1 17, Cl36/T11, T27 3 $75 $225 d Atterberg Limits D4318/T89, T90 $0 e Subgrade lnspector 60 $4,800 I Sample Pick Up $o $o $26,820 2 CONCFETE TESTING & INSPECTION a Concrete lnspector 2931 $15.70 $46,032 Epoxy BoluDowel lnspector $0 $0 Concrele Cylinders C39/T22 3000 $6.80 $20,400 d Temperature Data LogE€r (p6r Day)30 98.00 $240 e Sand Equivalent O24l9/T176 1 $60 $60 I Sieve - Coarse & Fine C117, Cl36/T1 1 , T27 1 s Fracture Face D5821/TM1 1 $50 $50 h Polential Alkali-Silica Roacl,vity C586 1 $900 $900 I Cylinder Pick Up 1 $1,680 $r,680 Sub-Total:$69,437 3 MASONRY fESfING & 'NSPECTION Masonry lnspector 300 $42 $12,600 Cube Comprossiv€ Strength - Grout/Mortar/Gypsum $0 Grout Prisms C 1019 6 $17 $ 102 CMU Compressive Strength (Prism GroulBd) (Set of 3)$0 $o CMU Comprossivo Strenglh (Block Only) (S€t of 3) Cr 40 s0 IT III II II I Task Order 10044.M WWRF H€8durofis Capacily Epansion - Sp€cial lnspoeciions Malerials Testiru & lnpoeclions PaOe 3 ol 5 Unlt $o $80 Sub-Total: b c $75 $75 $o $0 The Not -To -Exceed amount to complete all services listed above for this Task Order is one hundred twenty-nine thousand and nine hundred sixty seven dollars ($129,967). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Any and all travel will only be reimbursed if pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To -Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF IDIAN MATERIALS TESTING & INSPECTION BY: -� BY. TAMMY DEWE ,MAYOR Task Order 10044.M WWAF Headworks Capacity Expansion - Special Inspoections Page 4 of 5 Materials Testing & Inpsections Cylinder Pick Up =� $42 Sub -Total: STRUCTURAL STEEL TESTING & INSPECTION $252 $12,954 4 4' Structural Steel Inspector 60 $52 $3,120 Ultrasonic Inspection $0 $0 Fab Shop Inspection 1 $0 Sub -Total: $0 $3,120 5 ASPHALT TESTING AND INSPECTION — Asphalt Field Density Technician D2922 35 _ $45 $125 $1,575 Coring 6 $750 --�-- Bulk Specific Gravity, Diameter, Thickness D2726/T166-- 12 $50 $600 Asphalt Content - Ignition Method D6307/T308 6 $125 $750 Mechanical Analysis D5444 6 $75 $450 Sub -Total: $4,125 6 PROJECT MANAGEMENT Project Manager _ 140 $60 $8,400 Mileage 6750 $0.535 $3,611 Summary Inspection Report $0 _ $0 Professional Engineer 15 $100 $1,500 Sub-Total:$13,511 TASK ORDER TOTAL: $129,967.00 The Not -To -Exceed amount to complete all services listed above for this Task Order is one hundred twenty-nine thousand and nine hundred sixty seven dollars ($129,967). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Any and all travel will only be reimbursed if pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To -Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF IDIAN MATERIALS TESTING & INSPECTION BY: -� BY. TAMMY DEWE ,MAYOR Task Order 10044.M WWAF Headworks Capacity Expansion - Special Inspoections Page 4 of 5 Materials Testing & Inpsections Dated:--- -71- /-U Dated:----21L0/-r-7 - �7 / Approved by Council: AUGUST _ L � l � � Attest: CJ CO S, CI CLERK PURCHASING APPROVAL Q Com►' `E IDIAN W s SEAL KEIT TS, Purc asing Manager Dated:. City Project Manager: Troy Thrall f! EP/ RTMENf APP OVAL BY:l WARREN STEWA T, City Engineer r Dated: 7 0 rask ardor 10044.M WWRF Headworks Capacity Expansion - Special Inspoections Page 5 o1 5 Materials Tvsling & Inpsections CONTRACT CHECKLIST I PROJECI INFORMATION sl23l2017 men Troy Thrall s130,001 chanSe Order No. c pa Pro and Irrcon5ultanVOe5ign EnSineer: Date: Contract Amount: Mate.lals, Testl REQUESTING DEPARTMENT WRRF Headworks lsthisa chanseorder? Y€s ! No E] Project Name: Proied Manager ll.BUDGET INFORMATION to t.Contract Type Fund: Department GLAccount Project Number: Budget Avallable (Purdraslng attaci report) Y.. E tto E FY Budget: l\17 Enhancement: vo El No E loE 3590 96164 10044 ll the project crogs liscal years? Ves E Construdlon Task Order Professional Service Equipment Grant tr E] tr D tr tv GRAI{T INFORMATION - to be completed only on Grant funded prolects W.t D€t.rmin.taon Re..iv!d N/A Grant f: N/n W.tc Veriication 10 D.ytp(ortobid due d:t.NlAt.t and fiacri thc det€""r'atro,Pnn!.rb.n aM alnmd bd by.dd.ndum ('f(h.nt.d) BASIS OF AWARD BID RFP / RFq TASK ORDER Award bas€d on tow Bid HiBheit Ranked Vendor Sel.cted (Bid Resu lts Attached )tt. ED tr{R.tln$ Attached} y.i ENo Master ASra€ment Gte8ory Date MSA Roster Approved:9l30l20t6 4A TypicalAward Yer E t{o E lf no plea!€ state ci rcumstances and cooclrdon: 7 day grotest period ends vt.COI{IRACTOR / CONSULTAIIT REQUIRED INFORMATION 6009Corporation Statusn-to-t'l RatinS: no a' lnsurance Certif icates Received (Datc): ll yes, has policy been purchared? ment and Performance Bond5 Rereived (0atell Builders Risk lns. Req'd tr .p?lk b.l. ld prcFc! .b&. Sl,@P@) Erykation Date: E T to Periorr€nce on past projects E Quatity of work El On Time Quallfled Persoonel Avall.blllty of pcrsonnel Locll of per$mel E1nt Sele E E 2 3 4 Reason Cons El on Bud&t E Accuracy of Construction Est of negotiatlon process and fee eyaluation Th MTI tomanageproject the nd cost lotchs.ope development thi5 Theect.aodcostapproj thepared liquid stream andexpansio theprojed isspeciainspectaons 50%thaimatelyapprox feecapacity is lso t4%theexpansion is other ataligment theprojects lstv 6lr3l," AWARD INFORMATIONvu. Approval Oate oate lssued n - il-l1 By: NTP Date] (onlY tor Pw coGrntti.^ PE .ar) Date Submitted to Clerk for Aaenda Purchas€ Order No.: O.b.rm.nt St.tur (F.d!r.l Fund€d)N/A www sam.iov Print and atta.h Elolratlon Dete: 2., RatinS: discuss approaah the the The WH5 submitted Detailecr statemen. ot n"',,.,.,.,"""lntf ::"::ifr:" - Rev and Exp Repolt 3590 - Ill, Construction P!oj6ct! 60 - Enterpris€ Elr\al F tor.i l0 / 1 / 2a16't},ra.ug}, 9 / 3a / 2A1'7 Kei!h 96164 10044 10044.d Budget wlth Current Year Ac!ua1 Budget Renaining Percent of Budget Remainang 6,339,023.66 107,458.50 384.12 '739,643.49 6,338,638.94 132,784 .99J 99. 99r (4.55)t 10044.c 10044. k CapiEaI Outlay Headworks Improvements Headworks/Fine Screens VIRRF Headworks Capacity Expansion - DesigD WRRE Grit Rernoval Equj.pment for the Headwolks ExpansloD Proj WRRE Headworks Capacj.ty Expansion Construction Surveyi.ng Total Capital OutIay TOTAL EXPENDITURES 82, O'73 .00 0.00 82, 013 . 00 16,500.00 0.00 (16,500.00)0.001 '7 ,128,554 -t6 __5.,232.,28 8- '1 ,728,555.76 88.24s Da1:et 1/Ia/ t1 04:tl:47 pr{ ---!!-qr-q-q-1.,2-L 838,50r.21 88 2* The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 7/11/2017 Butwin Insurance Group60 Cutter Mill RoadGreat Neck NY 11021-3104 Materials Testing & InspectionInc.2791 S. Victory View WayBoise ID 83709 Peleus Insurance Company Ellen Begun 516-466-4200 x118 516-466-4213 ebegun@butwin.com MATER-1 1116947199 A Professional Liability IAE4197402 7/1/2017 7/1/2018 Each ClaimAggregate Limit 2,000,0004,000,000 City of Meridian33 East Broadway AvenueMeridian ID 83642 Meridian City Council Meeting DATE: JuIV 18, 2017 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: Approval of Change Order No. 1 to Task Order 10577.a to Civil Survey Consultants, Inc. for the "WATER & SEWER REPLACEMENT - PINE AVE. MERIDIAN TO LOCUST GROVE - DESIGN" project for a Not -To -Exceed amount of $45,939.00 MEETING NOTES G✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS o{.Cqy- CITY OF MERIDIAN 33 EAST BROADWAY MERIDIAN, lO 836/t2 CHANGE ORDER CHANGE ORDER NO I PROJECT NO 10577 .a CHANGE ORDER DATE 6t14t2017 EFFECTIVE DATE 6114t2017 CONTRACTOR Civil Survey Consultants PRoJECT: Water and Sewer Replacements - Pine Ave, Meridian to Locust Grove Thr Contnctor lt he.eby dlrect d to mak. th€ lollowlng ch.nger from the Cont rct Oocumenti and Pl..E. Daacription of edditional work: (attach .dditlonal pa96! lf nceded) DesEn an additional2,320 LF ofwaler maln replacem6nt, lncludlng services and hydranls. RevlowACHD roadway plans and attend their design meetings. Prepare preliminary layout of new sewer and waler mains and 6ubmit to ACHD for use during preparalion of 50% roadway plans. Provile water seMces for strgel slde lsndscape irrigation snd parcel adjacent lo the Five Milo Creek Pathway. Evaiuate the possibility of installing I potable water flush line and pressure reli6f valve that will discharge to Five Mile Creek. Replace the existing s€wer maln and slael casing undor the new Five Mile Cr6ek Bridge. Provids new wate, servlce lines in 3rd and 4th Street. Replace sewer main in 4th from alley to E. Pine. See CO letter for more. WHO REQUESTED THE CHANGE Z Cltv Gontractor WHY IS THE CHANGE NECESSARY Check ell ,hat.frll fl Unforeseen / Hidden Conditions E Error with the Plans and/or Specifications El Scope Change E Oher - a"ro,io, teto, Explanation: Th6 additional water main replacomonl was nece$sary because the €xisting main has had mulliplg bleaks due to substandard backfll and pipe material. Additional waisr and s€wer main was needed to 8ervice properties that dadnt front E. Pine. Th6 City needed Civil Survey to review ACHD plans lo coordinale utility locations. REASON FOR CHANGE OROER VS. BIDDING ADDITIONAL WORK Ch6ck ,lt ahaa apply E The work is in the area of the original contract and a conflict with the on-site contractor ls probable and would make coordination of work difficult and bidding unreasonable. D Time is of the essence and bidding would require the contractor to stop work and the City vrould face costly standby fees therefore making bidding disadvantageous E Emergency Work to correct unsafe conditions. I Other - aescr,ioe oetow ExplanatiOn: trurot ud rddltlonrl p.ge! ll noeded) This is a design and it would hav€ creatod unnecessary conflicts to gsl another consultant involved. The curent designer iE on the roster. Page 1 ol 2 l tr CHANGE IN CONTRACT PRICE: $67 916.00Original Contract Price CHANGE IN CONTRACT TIMES: Original Cont.act Times:days Net changss from previous Change Orders No- 0 lo No. 'l Nolo dl',oe qdsru b€,. h.E $0.00rM @t& .md d cnrma! *r. Net chang4 form previous Chango Orders (ostondar days) No. to No.__fcrr,g.*trrumtor.;;- days N€t lncroass (decrsase) of thls Chsngo Oader: $45,939.00 Net lncroasa (docreaso) ot lhls Chango Order: lc.l.ndl' dry.) days Total Change (lncrease / decreass) to date: $45,939.00 Total Days (lnqease /decrease) to dat€ (c.btn!r da}!) days0 New Contract Price wlth all Approved Change Orders: ${ {3,8s5.00 New Contrrct Tlmes wlth allApproved Change Ord€rs: (calsndar days) 0 days PROVED: (city Plrchasn! Keith Watts -t1 Ay: Date:1 7 CEPTEDj (Conlractor) RECOMMENDED: (City P.oiect Manag€.) By:l*l l\^t oaterfo - l(6 _ l-.1 DATE APPROVED BY COUNCIL (lf rlquired) NO SIGNATURE REQUIREO DATE I reviewed the work hours with the consultant. The work hours are appropiate with the smount of work that has been added lo the scope. The total design cost ($155 096, including what was paid inFY16) ls '11% of a construclion cost estimate ($1,446,650) that generaled in October, which doesn't include the additional main line improvements lhat are being added as part ofthis scope . The 1 1% design cost is within the industry slandard for typical sewe. and water extension projects. The design cost ORERMINATION / COST ANAL ould b€ under 1O% oflhe new conslruclion estimato Purchssing Use Only Budgot Available (Athch Report) Budgot lnformation: Budget FY Dat€ Submitted to Clerk for Agenda: Purchase order No t1- D3 bb See ?b# ta- DSbb t1 Amendment: Approval Date: 1- t$-t1 1 t3-\-1 Date lssued: -t Page 2 al 2 Glcnn K. Bennctt, P.L.S Pr€sidcnt 2893 S. Meridian Road Meridian, Idaho 83642 (208)88841r2 Fax tt8-0321 Timolhy A Burgcss, P.E. Vice Prcsid€nl lune 12,2017 Jared Hale City of Meridian 33 E. Broadway Avenue, Ste. 200 Meridian, lD 83642 Re: E. Pine Avenue Water and Sewer Line Replacement - Additional Design Services Task Order No. 10369.b Dear Jared: During the desiga of this project we were asked to perform some additional design services not included in our original contract. I have listed these services below: Replace the existing water main, water services and fire hydrants in E. Pine Avenue from E. 5rh Street to Adkins Way. Review ACHD 30% roadway plans and provide comments. Attend ACHD 30% roadway design review meeting. Prepare preliminary layout of new sewer and water mains and submit to ACHD for use during preparation of 5070 Roadway Plans. Review ACHD 75o/o roadway plans and provide comments. Attend ACHD 75% roadway design review meeting. Provide water services for connection of the irrigation system for the landscaping improvements between the sidewalk and curb. Provide water service connection for landscaping improvements and water station adjacent to Five Mile Creek Pathway. Evaluate the possibility of installing a potable water flush line and pressure relief valve that will discharge to Five Mile Creek. 2. 3. 4. 5 6 7 8 9 Ciril Su-.y Consultants, Inc. I 10.Replace the existing sewer main and steel casing under the new Five Mile Creek Bridge. 11.Provide new water service lines in E. 3d Street and E. 4th to provide water service to multiple properties that do not front E. Pine Avenue. 12. 13. Provide new sewer mains in E. 2nd Street, E. 3'd Street and E. sth Street 14.Provide sewer service to several propeties on along 2nd, 3'd and 5th Street that do not front E. Pine Avenue. 15.It became necessary to have Meridian Plumbing CCTV the existing sewer service at several properties to oblain information about the location ofthe existing line. We were asked by ACHD to revise our design to move portions of the new sewer main and water main to the south so that ACHD could relocate the Hunter lateral and some storm drain facilities to the south. This request was made after ACHD 95% plans were completed and we were preparing to complete 95% plans for the sewer and water improvements. These items required that we complete a large amount of additional topographic survelng, property owner coordination, design services and they w.ill require that a large amount ofadditional construction services be provided. We are requesting a total of $45,939.00 ($21,861.87 for water and $24077.13 for sewer) to cover the additional survefng, design and construction services. The revised total contract amount will be $155,096.00. Sincerely, CryIL SURVEY CONSULTANTS, INC h /1_ Corey Peacock, P.E. Replacement of existing sewer main in E. 4rh Street from the Alley south of E. Pine Avenue to the new sewer main in E. Pine Avenue. 16. Detaired statemen. o, """.,,u.""::: ::"::1ffi" - Rev and Exp Report - Keith 3590 - wll coaatrnction Plojoct6 60 - Ent rplire Eulld Ftom la/l/2016 Through 9/30/2017 Capital Outlay Service Line/Main Replacement Sewer Line Replacehent at Gregory Lift Station - Design Five Mile trunk Refief 8th Street Park I{ater and Sewer Line Repfacement - E. Pine Ave - Meridi.an Rd Water & Sewer Line Replacement E State Ave; Design 69,549 -68 0.00 96.00s 0. 00t 100.00r 0 ,21r Budget with Amendment s Actual Budget Remaining Percent of Budget Remaining 158,351 .14 19,000.00 0.00 78,978 - 14 158,351 -14 47.26 100.00* 0.43r 95000 10135.b 103 66 10366.b 10 515 10515.b 10515.d 10577. a 10594 . a 10613.b 10613.c 10 6r.I 10618,a 10618. B 10716 , a 10716,b 10?21 . A 't 2, 444 .92 477, 555.08 2,895.24 47?,555.08 0.00 622.'18 24,210 .19 43,417.10 63,699.56 425, 408 ,35 79,926.04 0.00 3,096.74 521,549.LA 11,978.00 83,356.38 32,855.00 Five Mile Trunk Refief Water Line Replacement 8th Str and at Water and Selrer Line Repfacements, Nw 2nd Street Sewer Main Replacements, Nti 2nd St. - Railroad St to 200' N 22 | 0',71.45 624.08 22,011.46 1.30 Nli 2nd Street Water and Sewer I,ine Replacement - Constructio East Washington 6 Carlton Sewer Main Replacement E Washington and Callton Sewer SDC Services 425,408 .35 19,926.40 69 | 258 .57 0.00 0.00 69,258 -61 0. 00* 0.00t 100.00rSewer Line Repfacement - West Washington St - NW 4th to NW 24,2t0 .19 43,111 .10 64, 000 . 00 3,496.14 !.0t 300.00 300.44 0.00 0.00r 0,69* 0.47t 0.00*Sewer Line Replacement - West Washington St - NW4th to NW 1 W. Washington St. llater & Sewer Line Repfacement E williams st Sewer Mai.n Replacement E WIILIA.T.{S STREET SEWER MAIN REPLACEMENT Sewer Main ReplacemeDt Nfl 1st Street - Design Total Capital Outfay TOTAL EXPENDTTURES 521t 549 .18 11,978.00 83,302.90 32, 855. 00 0. 00r 0 .00r (0.08)r 0. 008 0 .00 0-00 (63. 48 ) 0 ,00 2t049 | 355 -4I 7,129,49a.34 2 049 355 . 41 319 857.01 1,129 498.34 319,857.07 15 . 51r Daae. 1/6/71 04 .13:4 2 PU 15 , 51* city ol r..ridiln Detailed Statement of Revenues aod Expenditures - Rev and Exp Report - Keith 3490 - wrt6! Conatruction Ploject! 60 - Ent rpliae nrad Fran 10/1/2016 Through 9/30/2017 95000 10135 . b 10366 10366.b 10445.a 10445.b 10 515 10515.a 10515,d 10520 10570 10574.a 10577 10577,a 10594 . a 10618. a 10618-B 10708 . a 10716 . b L'7 2, 554 .24 284,314.65 L3,266.O0 138,926.00 8,568.2A 1, 533. 00 25,894.65 6,144.91 35,240.00 40,207.00 43. 35 24,542.25 8,378,95 9, 000.00 0. 00 49,155,00 0,00 4, 446.95 244 t 374 .65 13,266.00 138,326.00 0. 00 1,s02.00 26,894,65 0.00 35,240.00 40,2O't .0O 0.00 24,542.25 13, 62A .95 9,000.00 87t261 .84 49,155.00 2, 410 , 00 Caprtal outfay Service Line/uain Repfacement Sewer Line Replacenent at Gregory Lj-ft Station - Design Five Mile Tlunk Reli.ef -8th Street Park Eive MiIe Tlunk Relief and Water Line Replacemeot at 8th Str Water Main Replacement -Eeidi P.Lace - W Kimra to End Water Main Replacement - S Heidi P1 W Kinra St to End Cons t l{ater and Sewer Lioe Replacements, NW 2nd Street l{aterflne Replacements, NW 2nd St. - Railroad St to 200r N o Nw 2nd Street Wate! and Se$re! l,ine Replacenent -Constructio Waterline Replacenent - W,Eln P], N Linder to End Waterfine Replacement Rose Cir. - SW 1st St sw 1st -S to Budget with Current Year Actual Budget Remaining Percent of Budget Remaining 105,349.06 5,408.00 0 .00 5,408,00 105,349.06 0. 00 100.009 0. 00r 168,103.29 0. 00 9't . 42* 0. o0c 0. 00* 0. 43t 100.00r 2.02\ 0. 00r 100.00* 0 .00s 0.001 100.00s 0.00* t62.66)* 0 ,00* 0.00s 0. 00t 0.008 4,568.28 31.00 0.00 500.00 0.00 6,144.9L 0.00 0.00 43 ,35 Wate!Iine Replacement w. Washington, W. Carfton Water and Sei,rer Line Replacement - E. Pine Ave - Meridian Rd water and Sewer Line Replacement - E. pine Ave- Meridian Rd water & Sewer I,ine Replacement E State Avei Design Sewer Line Replacement -West Washington St - Nt{4th to NW 1 TOTAL EXPENDITURES ____222;2L3-4 '7 29 609 -29 799,912.A5 w. llashington St. Water & Sewer Line Replacement water Mait] Replacement Pine Ave Nli 1st to NW 3 - Design 181,261 .84) 0.00 E WILI,IAIIS STREET SEWER MAIN REPLACEMENT Total Capitat Out_Iay 0.00 (5, 2 50. 00 ) 0.00 (2,4r0.00) 21 . 519 DaLe. 1/6/11 04:4 3: s9 PM ____:22,:2).:!_ __122,_9!2_22_1 9 912.05 27.51s Meridian City Council Meeting) DATE: July 18, 2017 ITEM NUMBER: 6K PROJECT NUMBER: ITEM TITLE: Approval of Change Order No. 2 to Task Order 10701.a to CH2M Engineers, Inc. for the "SCADA TECHNICAL SUPPORT FY17" project for a Not -To -Exceed amount of $25,000.00. MEETING NOTES �� APPBO��s Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: CJ Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Adam Jennings, Laurelei McVey Date: 7/11/2017 Re: July 18 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 18 th City Council Consent Agenda for Council’s consideration. Approval of Change Order No. 2 to Task Order 10701.a to CH2M Engineers, Inc. for the “SCADA TECHNICAL SUPPORT FY17” project for a Not-To-Exceed amount of $25,000.00. Recommended Council Action: Award of Change Order No. 2 to Task Order 10701.A to CH2M Engineers, Inc. for the Not-To-Exceed amount of $25,000.00. Thank you for your consideration. City of Meridian Purchasing Dept. E I DIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Laurelei McVey Deputy Director of Utility Operations DATE: 7/10/17 Mayor Tammy de Weerd City Council Mernberso Keith Bird Joe Borton Luize Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: Change Order #2- $25,000- SCADA Technical Support FY17 for Wastewater I. II III RECOMMENDED ACTION A. Move to: 1. Approve Change Order #2 in the amount of $25,000 to the SCADA Technical Support FYI Task Order with CH2M. 2. Authorize the Mayor to sign the change order. DEPARTMENT CONTACT PERSONS Laurelei McVey DESCRIPTION 985-1259 A. Background The City currently contracts out technical assistance for the ongoing programming, troubleshooting, repair and maintenance of the City's SCADA system. This work is highly technical in nature and is beyond the current scope and abilities of City staff. This work is critical to keep the SCADA system operationally functional. B. Reason for Chane Order The Wastewater Division entered into a task order for $25,000 for SCADA Technical Support in November 2016 for FYI 7. This task order is spent based on time and materials for each support service provided. The Division exhausted this original task order, and submitted Change Order #1 in April 2017 for an additional $25,000. This first change order has also been nearly exhausted. Page I of 2 There are additional SCADA technical support projects for the remainder of FY17 necessitating Change Order #2 in the amount of $25,000. Change Order #2 will bring the total task order value to $75,000 thus requiring Council approval. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to achieve NPDES compliance and to provide automation and security for our Wastewater Division. B. Service/Delivery pact: If this change order is not approved, the Division will be unable to complete critical SCADA projects, repairs, and maintenance which could compromise plant performance and NPDES compliance. This work cannot be completed in house by current staff. C. Fiscal Impacts The funding for this change order comes from Wastewater Plant Maintenance (3510-53101) which has sufficient funding to cover this change order. V. ALTERNATIVES The City could choose not to approve this change order; however, this will result in critical SCADA technical support not being available for the remainder for FY17. VI. TIME CONSTRAINTS The Division has nearly spent all funds from Change Order #1. If Change Order #2 is not approved, the Division will not be able to utilize critical SCADA technical support services which could result in plant operational and NPDES compliance issues. Approved for Council Agenda Page 2 of 2 7 AD l Date --A,COfr'D MATETES.O2 U H CERTIFICATE OF LIABILITY INSURANCE 7111t2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PROOUCER, ANO THE CERTIFICATE HOLDER. rt ifi hate old Ittf thesDDTINALtoNIRSUDE st h AD tTl0 No L Np US RED s b ndolicy()orsedp It S DIVE 5 to the te s na d itnd t he ol c rtainb.iect I mres a n ndpv nt st ntatemepoayqu th s rtili doecate s not nf lo the rtiuhts cat ho td lieu h dorse s ! ll$uaER(sllE!:oEQlllc covERAGE NAlc, nsune8arCharterOallEitelrEulalcqlpmpany t*UfS llquRER B , Travelers Property Casualty Company of America 25674 CT No.l4)NE 20 5j Materials Testing & Inspoction, lnc. 2791 S Viclory View Way Boise, lD 83709 pRooucER License # 26480 HUB International Mountain States Limited 2600 Rose Hill, Suit€ 10't PO Box 5815 Boise, lD 83705 8) 4.3-!!!. [iI, *"r (a66) 8ea-neos JEUSEBq: INSURERD: COVERAGE TE ER CER NUMBER SION NUI'JIBER NC ON THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW INOICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITIO CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOR EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD N OF ANY CONTRACT OR OTHER DOCUMENTwlTH RESPECTTO WHICH THIS DED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS BEEN REDUCED BY PAID CLAIMS LllltlTS oaorrzore BAIhBE{?.!EJ5B""", s l4!1Eler41r!!c**. 1L I PF RSONAL & ADV INJURY t COMMERCIAL GENERAL LIAAIf ITY 1,000,000 cLAIMs-MADE f occu* E:ACH OCCURRENCE 6307800M02ACOF t 7 0410112017 ! x A x 300,00 0 5,000 GEML AGGREGATE LIMIT APPLIES PER: ],o,""lxI5PP; f I,oc $ 2,000,000 LG!!E84! ^GEBEGATE L PRooucrs colq/op4qql 1,000,000 2,OOO,OOO = fl SCHEDUTED AI.TTOSi trotrowrueol l Auros oNLY I aE. acc,denfl I [qgq,",*u"" 1"", o"oonl BODILY ITUURY lP€faccidenu l PfOPERIY DAII,I,AGEI- -t 'r,000,000 8't 07800[r02ATcT17 0410112017 04101t201A A P AUTOMOBILE LIABILITY COMBINEO SINGLE LIMIT OWNEO AUTOS ONLY s i x .*".r.l1 DED OCCUR 9rMlap! 3,000,000 RETENTIONS B xr:l 3J358't28EX0 AGGREGAIE $ $ 3,000,000rll 88C73675017 04t01t2017 04t01t2018 EASE - POL CY LM B H. uT] E L E]ACH ACC DENT EMEA o EYE 1,000,000 1,000,000 't,000,000 f r iBii-i I er.rt enoea ETorueAerNER/Execurrve QFF CE&1,|EMAER EACLIJOEO? WORKERS COMPENSATION AND EMP LOYERS' LIAB IL Iry VEHICLES(ACORo10t,AddronrtR6m.risSch.dute,maybeanch.d,lmore!D.cets.edu,redI l::.:l1lI:.r:..9._ l: 9"n€rat Ltabitiry ir r6quired b.y written cont-{CipEiii,iii 6oolrlo+oe inctudins primary andAuro-Lraorlrty ll roquirsd by wrltten contract por form CAT353. waivsr of Subrogation applios with-regardsio csneralp6r form cGD4r 50508 and appries wrth regards to Auto Liabirity if reqrir"a uy "rritt"n cont."ct per form cAT353. DESCRIPTION OF OPERATIONS / LOCAIIONS /Cenificate holder is an additionat inau Non-Contributory and with regards to Liabilily if required by written contract SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE Ige".Flilff [1p[,9il."o1?i""i5,.l[i,J:.wrr_eeDEL,v-eiio-,N-City of Meridian 33 East Broadway Avenue Meridlan, lO 83642-0000 k*X//"*AUTHORIZEO REPRESENIATIVE ACORD 2s (2016/03) rhe AcoRD name and roso are resistered ,"?*lnjrt;llt"lto*o "o*PORATION. All rights reserved t IMPORTANT: SUBROGATION I o4to,t I 2017 o 4l O't t2o1 I |r COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CoNTRACTS (ARCHITECTS, ENGTNEERS AND SURVEYORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION tl - WHO lS AN INSUREO: Any person or organization that you agree in a "wrilten conlracl requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respecl to liability for "bodily injury", "property damage" or "personal in.iury"; and b. lf, and only to the extenl that, the iniury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written conlract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. ln the event that the Limits ol lnsurance of this Coverage Part shown in the Declarations exceed lhe limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to lhe limits of tiability required by that "written contract requiring insurance". This endorsement shall nol increase the limits of insurance described in Section lll - Limits Of lnsurance. d. This insurance does not apply to lhe render_ ing of or failure to render any ,,professional services" or construction management errors or omissions. e. This insurance does not apply to ,,bodily in_jury" or "property damage', caused by',yourwork" and included in the ,,products- completed operations hazard,, unless lhe ''written contract requiring insurance,' specifi_ cally requires you to provide such covetage for that additional insured, and then the insJr- ance provided to the additional insured ap_ plies only to such "bodily injury. or "property damage" that occurs before the end of the pe- riod of lime for which the "written contract re- quiring insurance'' requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tlonal insured for a loss we cover. However, if you specifically agree in the'written contract requiring insurance" lhat this insurance provided to the ad- ditional insured under this Coverage part must apply on a primary basis or a primary and non- conlributory basis, this insurance is primary to "other insurance" avsllable to the additional in- sured which covers lhat person or organization as a named insured for such loss, and we will not share wilh that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and colleclible ',olher insur- ance", whelher primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any,,other insurance',. 3. The following is added to SECTION tV - COM- MERCIAL GENERAL LIABILITYCONOITIONS: Duties Of An Additional lnsured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practjcable of an ,,occur_ rence" or an offense which may result in aclaim. To the extent possible, such notice should include: cG D4 14 04 08 @ 2OO8 The Traveters Companies tnc Page 1 of 2 6: ^=- COMMERCIAL GENERAL LIABILITY i. How, when and wherc the "occurrence'' or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any iniury or damage arising out of the "occurrence" or offense. b. lf a claim is made or "suil" is brought against the additional insured, the additional insured musl: i, lmmediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured musl see to i1 that we receive written notice of lhe claim or "suit" as soon as practicable. c. The addilional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", coop€rate with us in the investigation or setllement of the claim or defense against the "suit", and olh- erwise comply with all policy conditions. d. The addilional insured musl tender the de- fense and indemnily of any claim or'suit" to any provider of olher insurance which would cover lhe additional insured for a loss we cover. However. this condition does nol affect whether this insurance provided t0 the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to lhe DEFINITIONS Sec- tion: 'Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provijed that the "bodily iniury" and "property damage" occurs and the "personal in- iury" is caused by an offense committed: a. After the signing and execulion of the contract or agreement by you; b. While lhat part of the contracl or agreemenl is in effect: and c. Eefore the end ofthe policy period. 011693 Page 2 ot 2 O 2008 The T.avelers Companies, lnc.cG D4 14 04 08 CO IV!MERCIAL G ENERAL LIAB I LITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRY EDGE ", ENDoRSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILIry COVERAGE PART GENERAL DEscRlPTloN oF covERAGE - This endorsement broadens coverage. However, coverage for anyinjury, damage or medical expenses described in any of the provisions of this endorsement may be excluded orlimited by another endorsement to this coverage Parl, and these coverage broadening provisioni do not apply tothe extenl that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exctusions may apply to these coverages. Read ;ll the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and wtlat is and is not covered. A. Broadened Named lnsured B. lncidental Medical Malpractice C. Reasooable Force - Bodily lnjury Or property Damage O. Non-Owned Watercraft - lncreased To Up To 75 feet E. Aircrafl Chartered With Pilot F. Exlension Of Coverage - Damage To Premises Rented To You G. Personal lnjury - Assumed by Contracl H. lncreased Supplementary payments l. Additional lnsured - Owner, Manager Or Lessor Of Premises J. Additional lnsured - Lessor Of Leased Equip- ment K. Additional lnsured - state or potitical Subdivisions - permits Relating To premises L. Additional lnsured - State Or potilicat Subdivisions - permits Relating To Operations PROVTSTONS A. BROADENED NAMED INSURED - UNNAMED SUBSIDIARIES The Named lnsured in ltem L of the Declarations is amended as follows: The person or organization named in ltem 1. ofthe Declarations and any organizalion. other thena partnership, ioint venture, limited liabilily com_pany or trust. of which you are the sole owl.ler ortn whtch you maintain the majority ownership in-lerest on the effective date of the poticy. iow- a. R. s. B- ever, coverage for any such additional organiza_ tion will cease as of the date, if any, during thepolicy p€riod, that you no longer are the sole oMler. of, or maintain the majority ownership in_terest in. such organizalion. INCIDENTAL MEDICAL MALPRACTICE l. The fo owing is added to lhe deflnition of ,,oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupalion of providing professional health care services,"occunence. also means an act or omission Who ls An lnsured - Newly Acquired Or Formed Organizations lnjury To Co-Employees And Co-Volunleer Workers Medical Payments Limit Knowledge And Notice Of Occunence Or Offense Other lnsurance Condition Unintentional Omission Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Contracl Amended Bodily tnjury Definilion Amended lnsured Contract Delinition - Rail- road Easement Additional Definition - Written Contract Re_ quiring lnsurance M. N. o. P. o: T U CG D4 15 OS 08 (Rev. j o-os)O 2008 The Travelers Companies lnc Page 1 of 8 COIVIVIERCIAL GENERAL LIABILIry committed by any of your "employees" who is employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic, in providing or failing to provide "incidental medical services" or "Good Samaritan services" to a person. 2. The following is added to the DEFtNtTtoNs Section: a. "lncidental medical services" means medical, surgical, dental, laboratory, x-ray or nursing service, treatment, advice or inslruction; the relaled furnishing of food or beverages; the furnishing or dispens- ing of drugs or medical supplies or appli- ances; or flrst aid. b, "Good Samaritan services', means those medical servlces rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. The following is added lo Paragraph 2.a.(1) of SECTION ll - WHO tS AN TNSURED Paragraphs (1) (a), (b), (c) and (d) above do not apply to any of your "employees" who are employed by you as a registered nurse, li- censed praclical nurse, emergency medical technician or paramedic but only while per- foming the services described in paragraph 1. above and while acting within lhe scope of their employment by you. Any such "employ- ees" rendering "incidental medical services" or "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to para- graph 2. Exclusions of SECTION I - COV- ERAGES - COVERAGE A BOOILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale of Pharmaceuticals "Bodily injury" or ,'property damage,, arising out of the willful violation of a penal stalute or ordinance relating to the sale of pharmaceuti- cals commi(ed by or with the knolviedge or consent of the insured. 5. The following is added to paragraph 4.b., Ex_cess lnsurance, of SECTION lV _ COM_ MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valjd and collectible "other insurance,', whether primary, excess, contingent or on any olher basis, that is available to you or any of your ',employees,, for "bodily lnjury" that arises out of providing or Failing to provide "incidental medical ser- vices" or'Good Samaritan services", excepl for insuranc€ purchased specifically by you to apply in excess of the Limils of lnsuTance shown in the Declarations for this Coverage Part. 6. The following is added to Paragraph S. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occunence Limit, all related acts or omissions committed by any of your "employ- ees" in providing or failing to provide "inciden- tal medical services" or "Good Samaritan ser- vices" to any one person will be deemed to be one "occurrence". C. REASONABLE FORCE PROPERTY DAMAGE - EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or lntended lnjury, in Paragraph 2. of SECTTON I - COVERAGES - COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or lntended lnjury Or Damage 'Bodily in.iury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to',bod- ily injury' or "property damage" resul{ing from the use of reasonable force to protect any person or properly. D. NONOWNEO WATERCRAFT - INCREASED TO UP TO 75 FEET '1. The following replaces paragraph (2) of Ex- clusion 9., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTTON | - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UABILITY: (2) A watercran you do not own that is; (a) Less than 75 feet longi and (b) Not being used to carry any person or property for a charge. 2. The following is added to SECTTON _ WHO IS AN INSURED: Any person who, with your expressed or im_ plied consent, either uses or is responsible for the use of a oonowned walercrafl that is less than 75 feet and not being used to carry per- son or property for a charge is included as an insured under this Coverage pa(. Page 2 of 8 O 2006 The Traveters Companies, lnc_CG D4 15 05 08 (Rev 1rlo8) o: F:= E. AIRCRAFT CHARTERED WTH PILOT The following is added lo Exclusion g., Aircraft, Auto Or Watercrafr, in paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY IN. JURY AND PROPERTY DAMAGE LIABILIry: This exclusion does not apply to an aircran that is: (a) Chartered with a pilot to any insured; and (b) Not owned by any insured. F. EXTENSION OF COVERAGE - DAMAGE TO PREMI$ES RENTED TO YOU 1. The following replaces the last paragraph of SECTION I- COVERAGES - COVERAGE A BODILY INJURY AND PROPERry DAM- AGE LIABILITY: Exclusions c, through n. do not apply to dam- age to premises while rented to you, or lem_ porarily occupied by you with permission of the owner, caused by: a. Fire: b. Explosion: c. Lightning; d. Smoke resulting from such rire, explosion, or tightning; or e. Waler A separate limit of insurance applies to this coverage as described in SECTTON lll _ LIM_ ITS OF INSURANCE 2. The insurance under this provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursling, or operation of pres_ sure relief devices: b. Rupture or bursting due to expansion or swelling of the contents of any building or slructure, caused by or resulting from wa_ ler; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Th,e following replaces paragraph 6. of SEC- TION III - LIMITS OF INSURAIiCE Subject to 5. above, the Damage To prem_ ises Renled To you Limit is the most we willpay under Coverage A for the sum of alldamages because of ',property damage. toany one premises while rented lo you, ortemporarily occupied by you with permission COIVIMERCIAL GENERAL LIABILIry of the owner, caused by: tire; explosion; light_ ning; smoke resulting from such fire, explo_ sion, or lightning; or waler. The Damage To Premises Rented To you Limit will appty to all "property damage" proximately caused by the same "occurrence", lvhether such damage results from: tire; explosion; lightning, smoke resulting from such fire, explosion, or ligh! ning; or water; or any combination of any of these causes The Damage To premises Rented To you Limit will be the higher of: a. S300,000; or b. The amounl shown for the Damage To Premises Rented To you Limit in the Declarations for this Coverage parl 4. The following replaces paragraph a. of the definition of "insured contract,'in the DEF|Nt- TIONS Seclion: a. A conlracl for a lease of premises. How. ever, thal portion of lhe contract for a lease of premises that indemnifies any person or organization for damage to premises while rented lo you, or lempo_ rarily occupied by you with permission ofthe owner, caused by: fire; explosion; lightning; smoke resulting from such fire. explosion, or lightning; or water is not an "insured conlract,'; G. PERSONAL INJURY - ASSUMED BY CON. TRACT The following replaces Exclusion e., Contractual Liability in paragraph Z. of SECTTON I _ COV- ERAGES - COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: "Advertising injury', for which the insured has as_ sumed liability in a contracl or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence oflhe contract or agleement. H. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces paragraph 1.b. of SUPPLEMENTARY PAYMENiS - COVER. AGES A AND B of SECTTON t_ COVER- AGES: b. Up to 92,500 for cost of bail bonds re-quired because of accidents or trafflc lawviolations arising out of ttre use of anyvehicte to which the Bodity tn.iury Liabititicoverage appties. We oo not nave to iuil nish these bonds o1J9.a CG D4 l5 05 08 (Rev 1o,os)@ 2008 The Travelers Compantes lnc Page 3 of 8 COI\4MERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - COVER- AGES A AND B of SECTION I - COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the invesligation or defense of the claim or "suit", including aclual loss of eamings up to $500 a day because of time off from work. I. ADDITIONAL INSURED - OWNER, MANAGER OR LESSOR OF PREMISES 1. The following is added to SECTION ll - WHO lS AN INSUREDI Any person or organization lhat you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liabilily for'bodily in- iury" or "property damage" that occurs, or "personal injury" caused by an ofrense committed, afler you have entered into that "written contract aequlring insurance"; and b. Only if the "bodily iniury', "property dam- age" or .personal injury' is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operalions on your behalf, and arises oul of the ownership, maintenance or use of that parl of any premises leased lo you under that "written conlract requif- ing insurance". 2. The insurance provided to such additional in- sured under this Provision l. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "vrrit- ten conlract requiring insurance',, or the limits shown in the Declarations for this Coverage Part, whichever are less: and b. The insurance afforded to such additional insured does not apply to: (i) Any "bodity injury,, or',property dam- age" that occurs, or.personal injury. caused by an offense committed, af_ ter you cease to be a lenant in that premises; (2) Any struclural alterations, new con- struction or demolition operations performed by or on behalf of such addilional insured: or (3) Any premises for which coverage is excluded by another endorsement lo this Coverage Part. 3. This Provision l. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsemenl to this Cover- age Part. J. AODITIONAL INSURED - LESSOR OF LEASED EQUIPMENT 1. The following is added to SECTION ll - WHO IS AN INSUREO: Any person or organization that you have agreed in a "writlen contract requiring insur- ance" lo include as an additional insured on lhis Coverage Part is an insured, but: a. Only with respect to liability for "bodity in- jury" or "property damage" lhat occurs, or "personal injury" caused by an offense committed, afler you have entered into that "written contracl requiring insurance"; and b. Only if lhe "bodily iniury", .property dam- age" or "personal in.,ury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equiP ment leased to you by such additional in- sured. 2. The insurance provided to such addilional in- sured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded lo such additional insured shalt be lhe limits which you agreed to provide in the,,wrif ten contract requiring insurance',, or the limits shown in the Declarations for this Coverage Part, whichever are lessi and b. The insurance afforded to such additional insured does not apply: (1) To any ,'bodity injury,, or ,,property damage" that occurs, or "personal in-jury" caused by an offense commit- ted, after the equipment lease ex- pires: or (2) tf the equipment is leased with an operat0r. Page 4 of 8 @ 2008 The Travelers Companies, tnc CG D4 15 05 08 (Rev 10,08) 3. This Provision J. does not apply on any basis lo any person or organization for which cov- erage aS an additional insured speciflcally is added by another endorsement to this Cover- age Parl. K. ADDITIONAL INSURED - STATE OR POLITI- CAL SUBDIVISIONS - PERMITS RELATING TO PREMISES The following is added to SECTTON [ - WHO tS AN INSURED: Any slate or political subdivision that has issued a permil in connection with premises owned or oc- cupied by, or renled or loaned to, you, is an in- sured, but only with respect to ,'bodily injury,', ''property damage", "personal injury,, or ,,advertis- ing iniury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, cano- pies, cellar enlrances, coal holes, driveways, manholes, marquees, hoist away openings, side- walk vaults, elevators, streel banners or decora- tions for which that state or political subdivision has issued such permit. L. ADDITIONAL INSURED - STATE OR POLITI- CAL SUBDIVISIONS - PERMITS RELATING TO OPERATIONS The following is added ro SECTION [ - WHO tS AN INSURED: Any state or political subdivision thal has issued a permil is an insured, but only with respect to,,bod- ily injury", "property damage,', ,'personal injury, or "advertising iniury" arising oul of operations per_ formed by you or on your behalf for vvhich that state or political subdivision has issued such permit. However, no such state or political suHi_ vision is an insured for: 1. "Bodily in.iury", ,property damage., ,personal injury" or "advertising injury,,arising out of op- erations performed for that state or political subdivision: or 2. "Bodily injury,, or,,property damage', included within the ',products - completed op€rations hazard'. M. WHO IS AN INSUREO - NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces paragraph 4.a. of SEC_ TION II - WHO IS AN INSURED; a. Coverage under this provision is afforded only untit the 1Both day after you acquire or fonn lhe organization or the end of the policy pe- COMMERCIAL GENERAL LIABILITY riod, whichever is earlier. Any such newly ac- quired or formed organization that you report in writing to us within 180 days after you ac- quire or form the organization will be covered under this provision untal the end of the policy period, even if there are more lhan 1BO days remaining until the end of the policy period. N. INJURY TO CO.EMPLOYEES AND CO- VOLUNTEER WORKERS The following is added to SECTTON [ - WHO tS AN INSURED: 1. Your'employees" are insureds with respecl to "bodily injury', to a co-,,employee,, in the course of the co-"employee,s,, employment by you, or to your "volunteer workers" while per_ formlng duties related lo the conduct of your business, provided that this coverage for your 'employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your 'volunteer workers', are insureds with respect to "bodily injury', to a co-,,volunteer workei' while performing duties related to the conducl of your business, or to your ,,employ- ees" in the course of the ',employee's' em- ploymenl by you, provided that this coverage For your "volunteer workers" does not apply while performing duties unrelated lo lhe con_ duct of your business. 3. Subparagraphs 2.a.(1Xa), (b) and (c) and 3.a. oi SECTTON [ - WHO ls AN TNSURED do not apply to ,,bodily injury,'for which insur- ance is provided by paragraph 1. or 2. above. O, MEDICAL PAYMENTS LIMIT The following replaces paragraph 7. of SECTIONIII- LIMITS OF INSURANCE: Subject lo 5. above, the Medical Expense Limit isthe most we will pay under Coverage C for all medical expenses because of "bodily injury,,sus- tained by any one person, and will be the higher of: a. $10,000; or b. The amount shown on the Declarations for Medical Expense Limit. P. KNOWLEDGE AND NOTICE OF RENCE OR OFFENSE occuR- The following is added to paragraph 2. Duties lnThe Event of Occurrence, Offense, Claim Or 0119 r € GG D4 15 05 OE (Rev 1o-o8)@ 2008 The Travelers Companies, lnc Page 5 of 8 o: COMMERCIAL GENERAL LIABILITY Suit of SECTION lV - COMMERCIAL GENERAL LIAEILITY CONDITIONS: Notice of an 'occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of lhe "occurrence" or offense has been reported to you, one of your "execulive officers" (f you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee'of an "occur- rence" or offense does not imp'y that you also have such knowledge. Notice of an "occurrencr" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give nolice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive offlcers" (f you are a corporation), one of your partners who is an individual (if you are a partnership), one of your manegers (if you are a limited liabilily com- pany), one of your truslees who is an individual (if you are a trust), or an'employee" (such as an in- surance, loss control or risk manager or adminis- trator) designated by you to give such notice dis- covers thal the "o@urrence" or offense may in- volve this policy. Q. OTHER INSURANCE CONDITION 1. The following replaces Paragraph 4., Other Insurance of SECTTON tV - COMMERCTAL GENERAL LIABILIry CONDITIONS: 4. Other lnsurance lf valid and collectible ,,olher insurance', is available to the insured for a loss we cover under Coverages A or B of lhis Coverage Part, our obligations are limited as follows: a. Primary lnsurance This insurance is primary except when b. below applies. lf this insur- ance is primary, our obligations are not atfected unless any of lhe ,olher insurance,, is also primary. Then, we will share with all that .other insur- ance" by the method described in c. below. b. Excess lnsurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Bualder's Risk, lnstallation Risk,or similar coverage for "your work"; (2) Thal is Fire irsurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you lo cover your liability as a lenant for "property damage' to premises rented to you or tempo- rarily occupied by you with per- mission of the owner: or (4) lf the loss arises out of the main- tenance or use of aircraft, "aulos", or watercrafl to the ex- tent not subject to Exclusion g. of Section I - Coverage A - Bodily lnjury And Property Damage Li- ability; or (5) That is avallable to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we wlll have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against thal "suit". lf no pro- vider of 'other insurance', defends, we will underlake to do so, but we will be entitled to the insured's righls against all those providers of ,,other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss. if any, lhat exceeds the sum of: (1) The total amount that all such "other insurance,, would pay for the loss in the absence ot this in- surance; and Page 6 oF I @ 2008 The Travete.s Companies, lnc CG D4 15 05 08 (Rev. 1o-os) 6: (2) The total of all deductible and self-insured amounts under lhat "other insurance'. We will share lhe remaining loss, if any, with any "other insurance,, thal is not described in this Excess lnsur- ance provision. c. Method Of Sharing lf all of lhe "other insurance,' permits contribution by equal shares, we will follow this method also. Under this approach each provider of insumnce contributes equal amounts until it has paid ils applicable limit of insurance or none of the loss remains, which- ever comes first. lf any of the "other insurance, does not permit contribution by equal shares, we will contribute by limits. Under lhis melhod. the share of each provider of insurance is based on the ratio oF its appticable limil of insur- ance to lhe total applicable limits of insurance of all providers of insur- ance. 2. The following definition is added to SECTION V - DEFINITIONS: "Other insurance": a. Means insurance, or the funding of losses, that is provided by, lhrough or on behalf of: (1) Another insurance company: (2) Us or any of our affiliated insurance companies, except when lhe Non cumulalion of Each Occunence Limit section of paragraph 5. of L|MITS OF INSURANCE (Section l[) or the Non cumulation of personal and Advertis_ ing lnjury limit sections of paragraph 4. of LtMtTS oF |NSURANCE isdc-tion l ) appties; (3) Any nsk retention group; (41 Any self-insurance method or pro_ gram, other than any funded by you and over which lhis Coverage iart applies; or (5) Any similar risk transfer or risk man_ agement method. b. Does not include umbrella insurance, orexcess insurance, that you bought spe- cificalty to appty in excess ot ttre Limiti of COM[\ilERCIAL GENERAL LIABILITY lnsurance shown on the Declarations of this Coverage Part. R. UNINTENTIONALOMISSION l. The following is added to paragraph 6. Rep- resentations of SECTION lV - COMMER- CIAL GENERAL LIABILIry CONDITIONS: The unintentional omission of, or uninten- lional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this in- surance 2. This Provision R. does not affect our right lo colled additional premium o[ to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. S. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV - COMMERCIAL GENERAL LI. ABILITY CONDITIONS: We waive any rights of recovery we may have against any person or organization because of paymenls we make for "bodily injury,,, ,'property damage", "personal iniury,, or ,'advertising injury', arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of lhe owner, or leased or rented lo you; 2. Ongoing operauons performed by you, or on your behalf, under a contract or agreement Wth lhat person or organization: 3. 'Your work"; or 4. .Your products,,. We waive these rights only where you have agreed to do so as part of a',vfitten contracl re_quiring insurance,,entered into by you before. andin effect when, the "bodily injury, or ,'property oamage" occurs, or the ,,personal injury,, offense or "advertising injury,,offense is committed T. AMENOED BODILY INJURY DEFINITION The following replaces the definition of ,bodily injury" in the OEF|N|TIONS Secrion: "Bodily injury" means bodity injury. mentat an_ 9ulsn, menlat injury, shock, frighl, disabitity, hu_miliation, sickness or disease sustained Uy a per- oi 1a20 CG D4 15 05 08 (Rev. 1o_o8)O 2006 The Travelers Companies, tnc Page 7 of 8 COI\4MERCIAL GENERAL LIABILITY son, including death resulting From any of lhese at any time. U. AMENDED INSURED CONTRACT DEFINITION - RAILROAD EASEMENT l. Subparagraph c. of the definition of "insured conlfact" in the DEFlNlTtoNs section is re- placed by the following: c. Any easemenl or license agreement; 2. Subparagraph f.(l) of the definition of "in- sured contract. in the DEF|NtTloNs seclion is deleted. V. ADDITIONAL DEFINITION - WRITTEN CON. TRACT REQUIRING INSURANCE The following delinition is added to the DEF|NI- TIONS Seclion: 'Written contract requiring insurance" means that part of any wrilten contract or witten agreemenl under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the 'bodily injury" and "property damage" occurs, and the "personal in.iury" is caused by an offense committed: a. After the signing and execution of the conlract or agreemenl by you: b. While that part of the contrad or agreemenl is in effect: and c. Before the end of the policy period. Page I of 8 @ 2008 The Travelers Companies, Inc CG 04 15 05 08 (Rev lo-os) COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BUSINESS AUTO EXTENSION ENDORSEMENT This endorsernent modifies insurance pro\riJed under the following: BUSINESS AUTO COVERAGE FORM With respect to cororage p.ovidd by this endorsenEnt, the pro/isions of the Coverage Form apply unless modi- fied by ttle endors€ rnent. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the pro/isions of this endorsement may be exduded or limited by another endorsemenl lo the Coverage Part, and these coverage broadening provisions do not apply to the extent that cov€rage is excluded or limiled by such an endorsernent. The tollowing listing is a gpneral cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisbns of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAIIED II{SUREO H. HIRED AUTO PHYSICAL DAilAGE - LOSS OF USE - INCREASED LIMIT B. BLAI{KET ADO]TIONAL INSURED I. PHYSICAL OAMAGE - TRATTISPORTATION EXPET{SES - INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSUREO K. AIRBAGS E. SUPPLEMENTARY PAYMENTS - INCREASED L. NOTICE AND XNOWLEOGE OF ACCIOENI LIUITS OR LOSS F. HIRED AUTO - LIMITEO WORLDWDE iil. BLANKET WAI\rER OF SUBROGATIOI{ COVERAGE - INDEMNIry BASIS G. WAIVER OF OEOUCTIBLE - GLASS N. UNINTENTIONAL ERRORS OR OI|IISSIOI{S PROVTSTONS A, BROAD FORi,I NAIIEO INSUREO The following is added to Paragraph A.1., Who ls An lnsursd, of SECTION ll - LIABILITY COV- ERAGE: Any organization you nevvly acquire or form dur ing th€ policy period over which you maintain 50% or rntre ownership interest and that is not separately insured for Eusiness Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or lorm the or- ganizalion or the end of the policy p€riod, which- ever is earlier. B. BLANXET ADDIIOI{AL II{SURED The following is added to Paragraph c. in A.1., Who ls An lnsurad, of SESTION ll - LABILIrY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you belore the "bodily iojury" or 'property damage' occurs and that is in €ffect during the policy period, to be narn€d as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages lo which this insurance apdi€s and only to the extent that p€rson or or- ganization qualifies as an 'insured' under the Who ls An lnsured provision contained in Section [. C. EIIPLOYEE HIREO AUTO 1. The following is added to Paragraph A.1., Who ls An lnaured, of SECTION ll - Ll- ABILIIY GOVERAGE: An "employee" of yours is an "insured" while ope.zlting an "auto" hired or rented under a contract or agreement in that 'employee's' name, with your permission. while performing dulies related to the conduct of your busi- tl€ss. @ 20'10 The IrEvehrs lndemnily Company. lncludes copyr0hted rnalenal of lo$urance Se ice3 Office. lnc_ wth il! permr3sron cA T3 53 03 't0 Page 1 ol 4 COMMERCIAL AUTO 2. Th€ following replaces Paragraph b. in 8.5., Othor lnsuranco, ot SECTION lV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deerned to b€ cov- ered "autos" you own: (1) Any covered 'auto" you lease, hire, rent or borrou4 and (2) Any covered'auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perfonn- ing duties related to the conduct ol your business. However, any "auto" that is leased, hired, rented or bonowed with a driver is nol a cor'ered "auto". D. EUPLOYEES AS INSUREO The following is added to Paragraph A.1., Who ls An ln3ur€d, of SECTION ll - LIABILITY COV. ERAGE: Any "emdoyee" of yours is an 'insured" while us- ing a covered "auto" you don'l own, hire or bonow in your business or your p€rsonal affairs. E. SUPPLEMENTARY PAYI{ENTS - INCREASED LIM]TS 1, The following replaces Paragraph A.2.a.(2), of SEGTION ll - LIABIL]TY COVERAGE: (2) Up to $3,000 for cost of bai bonds (in- cluding bonds for related traffic law viola- tions) required because of an 'accident" v\€ crver. We do not have to furnish these bonds. 2. The following replaces Paragraph 4.2.a.(4), of SECTION ll - L|AaILIIY COVERAGE: (4) All reasonable expenses incuned by ttle "insured" at out request, ineluding aclual loss of earnings up to $50o a day be- cause of tirne of, from work. F. H]RED AUTO - LIM|rED WORLOWOE COV. ERAGE - INOEilINtrY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Pollcy Perbd, Coverage Torritory, of SECTION lV - BUSINESS AUTO CONDI- TIONS: (5) Anywt'€re in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulatbn imposed by the United States of Am€rica applies to and pro- hibits the transaclion of business with or within such country or jurisdiction, for Liability Coverage for any covered 'auto' that you lease, hire, rent or borrow wilhout a driver for a period of 30 days or less arld that is not an "auto" you lease, hire, renl or borrow fiom any of your "emdoye€s", partners (if you are a partnership), memb€rs (if you are a limited liability company) or members of their house- holds. (a) With resp€cl to any claim made or "suit" brought outside the United States of Arnerica, the teltitories and possessions of the United States of Am€rica, Puerto Rico and Canada: (i) You must arrange to derend the "in- sured" against, and investigate or set- tle any such claim ot "suit" and keeP us advised of all proce€dings and ac- tions. (ii) Neither you nor any other involved "insured" wil| make any set{ement withoul our consenl. (iii) We may, at our discrction, Participate in def€nding th€ "insured" against, or in the setUement of, any claim or "suit'. (iv) We will reimburse the "insured" for sums that th€ "insured" legElly must gay as damag6 beceuse of 'bodily injury" or "prop€rty damage' to which this insurance applbs, that the "in- sured" pays with olr consent, but only up to the limit described in Para- graph C., Limit Of lnsurance, of SEC- TION II- LIABILITY COVERAGE. (v) We w l reimburse the 'insured" for the reasonable expenses incured with our consent for your investba- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph G., Limit Of lnsurance, of SECTION II - LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when uc have used up the atr plicaUe limit of insurance in pay- ments for damages, setuemenls or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available @2010 The Trav6lors lndeffi ty Co,npany. lncludes copy.rghled matenat of tisuranc€ Solvices Otfice, lnc. w h ttg pemrsslon Page 2 ol 4 cA T3 53 03 10 to the .insured' whether primary, excess contingenl or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the united states, its ter- ritories and possessrons, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such mun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but tt€ will only be liable to th€ sarne extent ure would have been liable had you complied wi{h the compulsory in- surance requirements. (d) lt is understood that tle are not an admit- ted or aulhorized insurer outside the United States of America, its tenilories and possessions, Puerto Rico and Can' ada. We assume no responsibility for the furnishirg of cerliticates of insurance, or for compliance in any way with the laws of olher countries relating lo insuranc€. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Doductl- blo, of SECTION lll - PHYSICAL OANIAGE COVERAGE: No deductible for a covered "auto" will apply to glass darnage if the glass is repaired rather than redac€d. H. I{IREO AUTO PHYSICAL DAi'AGE - LOSS OF USE . INCREASED LIi']T The following replaces the lasl sentence of Para- graph A.4.b., Loss Ot Use ExperBes, of SEG TION III - PHYSICAL DAIIAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 p6r day, to a maximum of S750 for any one "accid€nt". I. PHYSICAL OA AGE - TRANSPORTATION EXPEI{SES - INCREASEO LIiIIT The following redaces lh€ first senlence in Para- graph 4.4.a., Transportatbn ExporEes, of SECTION III . PHYSICAL DAiIAGE COVER. AGEI We will pay up to $50 p€r day to a maximum of $1,5O0 for temporary transportation expense in- curred by you because ol the totral theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover' ago Eltonsions, of SECTION lll - PHYSICAL DAMAGE COVERAGE: Porsonal Efrocts We wifl pay up to $400 for "loss" to wearing ap- parel and other personal effocts which are: (1, Owned by an "insured"; and (2) ln or on your covered "auto". This cor'erage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The follo\,ving is added to Paragraph 8.3., Ercls- slons, of SECTION lll - PHYSICAL DAIIAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one ot more airbags in a covered "aulo" you own that in- f,ate due to a cause other than a cause of "loss" set forth in Paragraphs A.l.b. and 4.1.c., but onlY: a. ll that "aulo" is a covered "aulo" for Compre- hensive Co/etage under this policy; b. The airbags ate not covered urder any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOYI'LEDGE Of ACCIDEI{T OR LOSS The following is added to Paragraph A.2.a., of SECTIOI{ IV - BUSINESS AUTO CONDTTIOI{S: Your duty to give us or our authorized represenla- tive Fompt nolice of the "accident' or 'loss' ap- plies only when the *accident" or "loss" is known to: (a) You (if you are an indivUual); (b) A partner (if you are a partnership); (c) A member (if you are a limiled liability com- Pany); (d) An executive dficer, dir€ctor or insurance manager (if you are a corporalion or other or- ganlzation); or (e) Any "employee" authorized by you to give no- tice of lhe "acc Jent" or loss". O 2010 The TEvelsrs tndemrity Company lndud€8 copyr€mod ll€brbl or lmufance Ee.vicls OlTtce. lnc. fith s pc.nilaron cA T3 53 03 10 Page 3 of 4 IiI. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Othors To Us, Of SECTION lV - BUSINESS AUTO CONDI. TIONS: 5. Transfer Of RighB Of Rocov€ry Against OthoB To Us We waive any right of recovery wts may have against any person or organization to the ex- tent required of yor.r by a written contract signed and executed prior to any'accident" or "loss,, provided that the 'accident" or 'loss" arises out of operations contemdated by such contract. The waiver applies only to the person or organizalion designated in such contract. N. UNINTENTIONAL ERRORS OR Oi,llSSlONS The following is added to Paragraph 8.2., Con- c€almonl, Misreprasentation, Or Fraud, of SECTION lV - BUSINESS AUTO CONDlTlOltlS: The unintenlional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional Femium or exercise our right of cancellation or non-renewal. @ 2010 The Travellr8 lndemnity Cqmpany. ,ncltdes copyrighted rnatorEl ol lnsuhnce Servic6 OfFE!, hc wth its permtsBlon Page 4 ol 4 cA T3 53 03 'r0 COMMERCIAL AUTO COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (coNTRACTORS) This endorsement modifies insurance provided under the following COIVMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO lS AN INSURED - (Section tt) is amended c) to include any person or organization thal you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury,,, "property damage" or "personal injury"; and b) lf, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organizalion. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) ln the event that the Limits of lnsurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the timits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section lll - Limits Of lnsurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury,,, .prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur_ veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw_ ings, opinions, reports, surveys, field or_ ders or change orders, or the preparing, approving, or failing to prepare or ap_ prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, lhis insurance is primary to "other insurance,, available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the addilional insured by this endorsement still is excess over any valid and collectible ',other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization isan additional insured under such ,,other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an .occur_ rence" or an offense which may result in a claim. To the extent possible, such notice should include: The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "wriflen contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. cG D2 46 08 0s @ 2005 The St. Paul Travelers Companies, lnc.Page 1 of 2 COMIVERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) lf a claim is made or "suit" is brought against the additional insured, the additional insured must: i. lmmediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive writlen notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. _ DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense commitled: a. After the signing and executlon of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 ol 2 @ 2005 The St. Paul Travelers Companies, lnc.cG D2 46 08 05 IRAYEtERS? ox! roflER squaRE a,,RIFoRJ, CT 0 5181 ENDORSEMENT WC 00 03 t3 (00)-01 POLICY NUMBER: ( EirIrB - 8c?3 o7s - 0 -18 ) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT W-o-have the.right to.recoler our payments from anyono liable for an injury covered by lhis pollcy. We will notefforce our nght against lhe Person or organiz8tion narned in the Schedule. fnris agre;ment applles only to thesxtent that you parform work under a Mitten contract that requires you to obtain lhis agreeme'ni t o, ,i11 This agreement shall not operato direcfly or indirec y to benefit any one nor named in the schaduie. SCHEDULE DESIGNATED PERSON: WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY DESIGNATED ORGANIZATION: TNY PET,SON OR OROAIIIZATION TOR iIEICB TEE IIISURED f,AS AGREED BY r TTTBT COIITRAeI EXBCIXTBD PRIOR TO I,Og8 TO FURNISE TEIS WAIVER. DAIEOFISSUE: 04-12-16 ST ASSTGN: CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A++ Payment and Performance Bonds Received (Date): Rating: N/A Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $25,000.00 Adam Jennings If yes, has policy been purchased? CH2M III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3510 53101 10701.a TASK ORDER 7a RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) This task order is T&M. Costs associated with this change order will be tracked in the same manner as the original PO request and CO1 for SCADA Technical Support FY17. All expenditures are entered into a spreadsheet as they come in. The cost sheet is reviewed monthly with the standard operating monthly budget for appropriate hours spent and work completed. Additionally we have our service provider, CH2m in this case, supply us with a Work Authorization form. This form gives an estimated level of effort including hours, why the N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved N/A July 13, 2017 N/A I. PROJECT INFORMATION 7/11/2017 4/1/2018 N/A 2 17 7/6/2017 PUBLIC WORKS SCADA Technical Support FY17 V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION This change order is a 68% increase over the original task order. 10/1/2015 N/A N/A N/A N/A Goodstanding N/A N/A city Of r.blidian Detailed Statement of Revenues and Expenditures - Rev and Exp Report 3510 - afl Tleatreot Plant 60 - Ent rpriac Eund Fron 10 / 1/2 016 Through 9/30/2017 Kei!h Budget with Current Year Actual Budget Remainiog Percent of Budget Remaining 5 3101 0000 10699.A 10701.a 15000 374,000-00 0-00 0. 00 0.00 112,564 .29 24,000-00 3r4,000.00 1112,564 -29) (24,000,00) 00r 00t 00t OPEB.ATING COSTS PIant Maintenance 100 0 0 0.00 0 .00 50,000.00 14 ,3A6 .23 (50,000.00) (14,385.23) 0.003 0.00* TOTAL EXPENDITURES 30.239 Dal:.: )/tA/t'1 O3:S3:39 pB NON-DEPARTMENTAL WRRE Process ControL System SrJpport aYll SCADA Technical Support EY 2011 Declared Emergencies - coods, Services & Rentals Total OPEBATING COSTS 30.231_____l_7-t -9_a-q.:_00 374, 000.00 _____2.991-!19-_52 260,950 -52 ______11_1_91_2-l_q_ 113,049.48 Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 6L PROJECT NUMBER: ITEM TITLE: Approval for Finance to Pay Vendor Payments of $1,763,736.35. MEETING NOTES 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 Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A COMPANY INC 2017 July 4th event portable restroom 7/3-7/6/17 100.00 01 General Fund ADVANCE AUTO PARTS lube for equipment - qty 1 4.69 01 General Fund ADVANCE AUTO PARTS zip ties, WD40, wire tie, blade scraper, supplies for Storey 26.63 01 General Fund AFLAC T5581, July 2017, AFLAC 3,316.91 01 General Fund ALICE HENKE instructor fee - Zumba Gold 6/6-6/27/17 - qty 2 51.20 01 General Fund ANNA BUTTON Traffic Box Wrap Award for Artwork from West Ada's 'Framed' 50.00 01 General Fund ASSOC OF IDAHO CITIES Idaho's 200 Cities Books - 3 Volumes 103.72 01 General Fund ASTRA RADIO COMMUNICATIONS Radio Kit for Kinneman 245.05 01 General Fund AUTOMATIC RAIN CO DBA HORIZON Echo clips & harness ring for equipment - qty 6 4.20 01 General Fund BDPA INC HR Consulting Fees 6,615.00 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 6/26-6/30/17 - qty 50 games 1,664.32 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 7/3-7/8/17 - qty 57 games 2,554.87 01 General Fund BOWERS AUTO REPAIR 220/Diagnostic computer scan, read code, clear MF029 92.56 01 General Fund BRANDEN FISCUS Reimbursement, B. Fiscus, Shooting Mats - Qty 2 119.98 01 General Fund BROWN BUS COMPANY Camp Mer-Ida-Moo field trip bussing 6/20/17 265.50 01 General Fund BROWN BUS COMPANY Camp Mer-Ida-Moo field trip bussing 6/20/17, Siena Elem-Sett 275.75 01 General Fund BROWN BUS COMPANY Camp Mer-Ida-Moo field trip bussing 6/23/17 669.75 01 General Fund BROWN BUS COMPANY Camp Mer-Ida-Moo field trip bussing 6/27/17 520.50 01 General Fund BROWN BUS COMPANY Camp Mer-Ida-Moo field trip bussing 6/30/17 674.75 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Front Rotors & Brakes for Unit # 151 505.08 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Fuel Pump for Unit #142 588.28 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change & Fuel Pump for Unit # 143 729.68 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Front Rotors & Brakes for Unit # 128 540.14 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 1 54.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change for Unit # 154 55.20 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 161 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change for Unit # 163 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 50 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Alternator & AC Recharge for Unit # 144 568.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Cooler Lines Repair, Engine Light & Oil Change # 143 324.01 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Post Pursuit Inspection & Alignment for Unit #153 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Post Pursuit Inspection, Alignment & Oil change for Unit#150 110.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Trunk Cable for Unti # 100 152.91 Date: 7/13/17 12:31:10 PM Page: 1 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Two Tires for Unit # 33 246.13 01 General Fund BUILDING BLOCKS IDAHO instructor fee - Lego Engineering 6/19-6/23/17 - qty 9 576.00 01 General Fund BUSINESS INTERIORS OF IDAHO Replace CID Broken Chairs - Qty 8 1,589.96 01 General Fund CANYON HONDA Oil Change, Clutch Replacement, Alt Parts & Coolant Unit#521 1,353.54 01 General Fund CANYON HONDA Siren Wiring Repair for Unit # 521 74.16 01 General Fund CARPENTER SCREEN PRINTING 2017 basketball champ shirts - qty 21 146.37 01 General Fund CARPENTER SCREEN PRINTING 2017 volleyball champ shirts - qty 48 334.56 01 General Fund CDW GOVERNMENT CradlePoint 1y Enterprise Cloud Manager 315.00 01 General Fund CHEVRON AND TEXACO BUSINESS CARD SERVICES #7898226373, Pay City Fuel June 2017 14,036.83 01 General Fund CHEVRON AND TEXACO BUSINESS CARD SERVICES #7898226399, Pay PD Fuel June 2017 17,732.90 01 General Fund CINTAS FIRST AID & SAFETY Re Stock First Aid Kits at PD 261.62 01 General Fund CITY OF BOISE - CITY PRINT & MAIL SERVICES Brochures for MADC & Forms for Patrol 385.92 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 17-0013, City Prosecutor/Criminal Legal Services July 2017 29,102.42 01 General Fund CLARISSA GRKOVIC Traffic Box Wrap Award for Artwork From West Ada's 'Framed' 50.00 01 General Fund CLASSIC JACK CONSTRUCTION Partial Refund, C-TI-2016-0133, Permit Fees Per City Council 1,852.50 01 General Fund CLASSIC JACK CONSTRUCTION Partial Refund, C-TI-2016-0134, Permit Fees Per City Council 1,852.50 01 General Fund CLASSIC JACK CONSTRUCTION Partial Refund, C-TI-2016-0135, Permit Fees Per City Council 1,852.50 01 General Fund COMMAND SOURCING INC Protective Head Gear for the WRAP Restraint System 85.00 01 General Fund CROP PRODUCTION SERVICES INC liquid fertilizer for Settlers Park - qty 5,228 1,270.28 01 General Fund D & B SUPPLY 220/Wildland boots for Darby Hill 211.49 01 General Fund D & B SUPPLY Dog Food Credit for K9 Randy (4.90) 01 General Fund D & B SUPPLY screen & fittings for Settlers splash pad - qty 4 6.12 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Labor & Material to Build New Patrol Unit # 164 3,286.37 01 General Fund FEDEX KINKOS Laminating the MADC Action Plan 57.79 01 General Fund FEDEX KINKOS Printing & Binding of Crash Manuals for Traffic Team 251.22 01 General Fund FEDEX KINKOS templates for chalking Settlers ballfield memorial ceremony 7.43 01 General Fund FLOOR TECH, INC.Sealed Fire riser room floor 3,529.35 01 General Fund GEM STATE COMMUNICATIONS INC Repeater Programming 135.64 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Typography 6/26-6/28/17 - qty 4 144.00 Date: 7/13/17 12:31:10 PM Page: 2 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund H.D. FOWLER COMPANY filter & fitting for Settlers splash pad - qty 2 19.07 01 General Fund H.D. FOWLER COMPANY irrigation fittings for Settlers MYB - qty 14 207.52 01 General Fund H.D. FOWLER COMPANY irrigation parts for all parks - qty 50 361.30 01 General Fund H.D. FOWLER COMPANY irrigation parts for all parks - qty 502 560.68 01 General Fund H.D. FOWLER COMPANY irrigation parts for Heroes Park - qty 14 318.08 01 General Fund H.D. FOWLER COMPANY irrigation parts for inventory - qty 66 48.48 01 General Fund H.D. FOWLER COMPANY sprinkler parts for shop inventory - qty 61 485.24 01 General Fund H.D. FOWLER COMPANY sprinklers for contracted sites - qty 8 56.29 01 General Fund H.D. FOWLER COMPANY sprinklers for shop inventory - qty 12 339.36 01 General Fund H.D. FOWLER COMPANY wire for Ten Mile Interchange irrigation - qty 3 rolls 115.38 01 General Fund HILL PHOTOGRAPHY & YEARBOOKS, INC. New Command Staff Photos 549.95 01 General Fund HOME DEPOT CREDIT SERVICES fittings for Settlers splash pad - qty 4 14.28 01 General Fund HOME DEPOT CREDIT SERVICES paint for Storey parking - qty 2 gallons 75.96 01 General Fund HOME DEPOT CREDIT SERVICES Sleeve & Wedge Anchors for Bldg Maintenance 41.72 01 General Fund IDAHO CRIME PREVENTION ASSOC Registration, C. Gonzalez, Refuse to be a Victim Inst Course 25.00 01 General Fund IDAHO HUMANE SOCIETY 17-0012, Animal Control Services - July 2017 30,844.33 01 General Fund IDAHO POWER 2200136188, Parks Power June 2017 12,238.46 01 General Fund IDAHO POWER 2203586629, Street Lights Power June 2017 26,406.09 01 General Fund IDAHO RIVER SPORTS Outdoor Adventure Camp paddle boarding, Qty 12 - week 1 360.00 01 General Fund IDAHO RIVER SPORTS Outdoor Adventure Camp paddle boarding, Qty 12 - week 2 360.00 01 General Fund IDAHO STATE FIRE MARSHAL 220/Fire Code Official Renewal Fee, B. Medica 5.00 01 General Fund IDAHO STATE POLICE Background Employment Checks - Qty 20 718.00 01 General Fund IDAHO STATE POLICE Fingerprinting and backgrounds - June 2017 346.00 01 General Fund IDAHO STATE TAX COMMISSION Sales Tax June 2017 3,438.45 01 General Fund IN THE BAG PROMOTIONS, INC.Embroidery on duffel bag (Volunteer of the Year)5.00 01 General Fund INDUSTRIAL ORGANIZATIONAL SOLUTIONS, INC. New Officer Testing Exam Forms - Qty 35 893.00 01 General Fund JAYO SPORTS & ENTERTAINMENT LLC Outdoor Adventure Camp paddle boarding 6/28/17 x 6 boats 169.80 01 General Fund JAYO SPORTS & ENTERTAINMENT LLC Outdoor Adventure Camp paddle boarding 7/5/17 - qty 5 boats 140.15 01 General Fund LOS ALAMITOS SUBDIVISION HOA One-Time 50% Cost Share for Fence Repair Between Subdivision 592.29 01 General Fund LOWE'S Sand for clean ups 4.47 01 General Fund MCDOWELLS SPECIALTY REPAIRS Tint code Enforcement Window for MDT Visibility 129.00 Date: 7/13/17 12:31:10 PM Page: 3 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund McU SPORTS basketballs & mesh bags for Camp Mer-Ida-Moo - qty 12 83.50 01 General Fund MENTORSCLOUD instructor fee-Animation&GameProgramming 6/19-6/23/17 x 6 720.00 01 General Fund MENTORSCLOUD instructor fee-Jr Mobile App design 6/26-6/30/17 - qty 8 960.00 01 General Fund MERIDIAN VETERINARY CLINIC 3 Needles & 3 Syringes for Overdose Kits for K9's 1.89 01 General Fund MICHELLE R LOCKEY instructor fee - LegoComicBookCampSuperheroes 6/5-6/9/17 x 2 224.00 01 General Fund MINE SAFETY APPLIANCES COMPANY 220/Repair Thermal Imager #S/N A1-55624-K10 691.70 01 General Fund MISTER CAR WASH Fleet Washes for PD - March 2017 150.00 01 General Fund NORCO cylinder rental for welding gas - June 2017 40.80 01 General Fund OFFICE DEPOT, INC.220/1 Pkg Labels 4.51 01 General Fund OFFICE DEPOT, INC.220/binder clips, manila folders - qty 3 31.79 01 General Fund OFFICE DEPOT, INC.220/Binders, labels, tape, paper, pouches - qty 19 163.81 01 General Fund OFFICE DEPOT, INC.220/envelopes, paper, toner - qty 3 158.35 01 General Fund OFFICE DEPOT, INC.7 Cases of Newsletter Paper 200.83 01 General Fund OFFICE DEPOT, INC.Certificate Paper for PSTC - Qty 2 Pks 30.18 01 General Fund OFFICE DEPOT, INC.ID badge holder - qty 2 pkgs 23.46 01 General Fund OFFICE DEPOT, INC.Memory Card With Adapter for CID 34.99 01 General Fund OFFICE DEPOT, INC.Shredder Bags - Qty 2 Boxes 16.44 01 General Fund OFFICE VALUE - MERIDIAN Astrobright Gold Cardstock for Training Supplies 16.79 01 General Fund OFFICE VALUE - MERIDIAN Credit Balance for Ink Cartridge Returned - Wrong Size (22.90) 01 General Fund OFFICE VALUE - MERIDIAN Dry Erase Board & Binding Combs for PD - Qty 4 166.08 01 General Fund OFFICE VALUE - MERIDIAN Memo Books & USB Drives for PD 72.96 01 General Fund OFFICE VALUE - MERIDIAN Partial Credit for Ink Cartridge Returned - Wrong Size (78.99) 01 General Fund OFFICE VALUE - MERIDIAN Presenter Mouse for PSTC & Office Supplies for PD 517.78 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 8 75.88 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for truck 29 & equipment 142.14 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 15 73.01 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 4 21.40 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 6 42.75 01 General Fund PRECISION AUTOMATION SYSTEMS pressure transducer,level transmitter-Settlers splash pad; 2 666.72 01 General Fund PRIMEPAY, LLC.Cobra Monthly Fee - June 2017 291.75 01 General Fund PRIMEPAY, LLC.FSA/Debit Card Fee - June 2017 852.00 01 General Fund PUBLIC AGENCY TRAINING COUNCIL Registration, C. Siems, Recruiting, Hiring & Officer Retenti 375.00 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 6/4-6/25/17 - qty 13 208.00 01 General Fund REPCO MARKETING, INC.Testing Supplies for DUI Investigations - Qty 4 38.50 Date: 7/13/17 12:31:10 PM Page: 4 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund RICOH USA, INC C86084920, Copier Lease 7/17 & Additional Copies 6/17 463.19 01 General Fund RICOH USA, INC C86121202, Copier Lease 7/17 & Additional Copies 6/17 298.74 01 General Fund RICOH USA, INC C86172112, Copier Lease 7/17 & Additional Copies 6/17 224.57 01 General Fund RICOH USA, INC C86172150, Additional Copies for CID, 5/1/17-5/31/17 208.33 01 General Fund RICOH USA, INC C86172150, Copier Lease 7/17 & Additional Copies 6/17 427.34 01 General Fund RICOH USA, INC C86172157, Copier Lease 7/17 & Additional Copies 6/17 524.61 01 General Fund RICOH USA, INC C86172509, Copier Lease 7/17 & Additional Copies 6/17 120.09 01 General Fund RMT EQUIPMENT hydro filter for Jacobsen equipment - qty 2 133.58 01 General Fund RMT EQUIPMENT rod for pendulum spreader - qty 1 143.32 01 General Fund ROCKY MTN TOWING Towed Trailer for Evidence 105.00 01 General Fund S & S WORLDWIDE, INC.2017 Summer Camp arts & crafts - qty 132 2,829.38 01 General Fund SHANNON LIND instructor fee - Gentle Movement Stretch 6/7-6/28/17 - qty 7 156.80 01 General Fund SHRED-IT USA, LLC.Document Shredding 5/24/17 & 6/21/17 for PD 410.94 01 General Fund SHRED-IT USA, LLC.Document Shredding for Clerks, MUBS, Finance - June 2017 116.73 01 General Fund SILVER CREEK credit on sprinkler for Settlers Park - qty 1 (47.36) 01 General Fund SILVER CREEK irrigation sprinklers for Kleiner Park - qty 56 581.04 01 General Fund SPECIALTY CONSTRUCTION SUPPLY drainage bags for Settlers Park - qty 5 210.00 01 General Fund SPRAGUE CO, INC.220/Pest control 4/25/17, Fire Safety Center 78.00 01 General Fund SPRAGUE CO, INC.220/Pest control 4/25/17, St. 1 81.12 01 General Fund SPRAGUE CO, INC.220/Pest control 4/25/17, St. 2 81.12 01 General Fund SPRAGUE CO, INC.220/Pest control 4/25/17, St. 3 81.12 01 General Fund SPRAGUE CO, INC.220/Pest control 4/25/17, St. 4 78.00 01 General Fund SPRAGUE CO, INC.220/Pest control 4/25/17, St. 5 81.12 01 General Fund SWANK MOTION PICTURES, INC.2017 Movie Night licenses - 7/14-8/25/17 - qty 7 4,393.00 01 General Fund SYNCB/AMAZON 220/2 US flags 58.00 01 General Fund SYNCB/AMAZON 220/Measuring wheel, BBQ Brush, 2 Easels, office supplies 280.81 01 General Fund SYNCB/AMAZON 220/Pencils - Qty 3 Boxes, directional signs - Qty 3 255.08 01 General Fund SYNCB/AMAZON Classification Folders for Employee Files 34.77 01 General Fund SYRINGA NETWORKS, LLC 17-0020 Dark Fiber Lease 4 Strands 1,150.00 01 General Fund SYRINGA NETWORKS, LLC Ethernet B/W (100MB) Internet B/W (100MB)800.00 01 General Fund T-ZERS SHIRT SHOP Class A Dress Shirt for T.Koehler 26.00 Date: 7/13/17 12:31:10 PM Page: 5 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund T-ZERS SHIRT SHOP t-shirts for Park Ambassadors - qty 27 297.15 01 General Fund TAMMY DEWEERD Mayor Cellphone Reimbursement FY17 - July 2017 100.00 01 General Fund TATES RENTS (GENERAL OFFICE)generator rentals for July 4, 2017 event 7/3-7/5/17 174.00 01 General Fund TATES RENTS (GENERAL OFFICE)propane for forklift 20.93 01 General Fund TATES RENTS (GENERAL OFFICE)pump rental for Settlers splash pad 6/27/17 61.51 01 General Fund TATES RENTS (GENERAL OFFICE)Settlers Echo weed eater repair 45.59 01 General Fund TATES RENTS (GENERAL OFFICE)Settlers Shindaiwa blower repair 112.42 01 General Fund TATES RENTS (GENERAL OFFICE)wood chipper rental for tree trimming 6/28/17 70.00 01 General Fund THE KITCHEN DINK instructor fee - Pickelball Level 2 6/6-6/27/17 - qty 5 220.00 01 General Fund THE UPS STORE Postage to mail Evidence 42.10 01 General Fund TRADEMARK SIGN CO, LLC pathway directional signage arrows (decals)45.00 01 General Fund UNIFORMS 2 GEAR Mag Case & Cuff Case for K. Caygle - Qty 2 95.63 01 General Fund UNIFORMS 2 GEAR Uniform Items & Gear for J. Bridges - Qty 16 943.67 01 General Fund UNIFORMS 2 GEAR Uniform Items & Gear for J. Whilden - Qty 15 839.67 01 General Fund UNIFORMS 2 GEAR Uniform Items & Gear for K. Caygle - Qty 20 1,075.92 01 General Fund UNIFORMS 2 GEAR Uniforms & Gear for New Hire R. Rodriguez - Qty 9 736.00 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 742047228-00001 Parks HPN Modems FY17, 6/2/17-7/1/17 153.54 01 General Fund VISION SERVICE PLAN 30 044489 0001, VSP July 2017 4,703.70 01 General Fund WEIDNER & ASSOCIATES 220/12 pr protech structure gloves 755.86 01 General Fund WEIDNER & ASSOCIATES 220/REplacement D-Grips, Qty 4 169.56 01 General Fund WILBUR-ELLIS CO.Alligare herbicide for all parks - qty 6 cases 525.00 01 General Fund WILBUR-ELLIS CO.Ornamec for all parks - qty 4 100.00 01 General Fund WILBUR-ELLIS CO.Ranger Pro herbicide for all parks - qty 4 cases 350.00 01 General Fund WILBUR-ELLIS CO.Sedgehammer herbicide for all parks - qty 2 150.00 01 General Fund WW GRAINGER, INC 220/Diesel exhaust fluid, St. 2 297.61 Total 01 General Fund 215,274.60 20 Grant Fund governmental ARNEL CATIC Per Diem, Arnel Catic, CADCA Conf., Atlanta GA, 7/23/17 379.50 20 Grant Fund governmental CITY OF BOISE - CITY PRINT & MAIL SERVICES Brochures for MADC & Forms for Patrol 1,490.56 20 Grant Fund governmental KENDALL NAGY Per Diem, Kendall Nagy, CADCA Conf., Atlanta GA, 7/23 379.50 20 Grant Fund governmental ROBERT ALLISON Per Diem, Bob Allison, CADCA Conf., Atlanta GA, 7/23/17-7/28 379.50 20 Grant Fund governmental STEPHANY GALBREAITH Per Diem, Stephany Galbreaith, CADCA Conf., Atlanta GA, 7/23 379.50 Date: 7/13/17 12:31:10 PM Page: 6 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 20 Grant Fund governmental 3,008.56 60 Enterprise Fund A COMPANY INC Project 10601, Portapotty Service, 5/29/17-6/25/17 90.50 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 16-0260,SCADA System Upgrades, services 5/25-6/24/17 1,377.50 60 Enterprise Fund AFLAC T5581, July 2017, AFLAC 205.39 60 Enterprise Fund ARIN ROE Refund, 0550010702, Wat/Sew/Trash, 883 E Yucca Canyon St, Ti 110.35 60 Enterprise Fund BHS SPECIALTY CHEMICALS 17-0349 Defoam it tote 3,674.00 60 Enterprise Fund BHS SPECIALTY CHEMICALS Credit for over billing per pound of De-foam it (1,034.00) 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0122, Statements 6/21/17 & Delinquent Notices 6/12 & 6/26 12,406.35 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0123, IVR Transactions June 2017 1,811.00 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0124, Lockbox Transactions June 2017 1,549.34 60 Enterprise Fund BOE - Boise Office Equipment XKP547491, Copier Lease 6/3/17-7/2/17 223.47 60 Enterprise Fund BOISE STATE UNIVERSITY Registration, C. Moon, Excel Intermediate Class, Boise ID, 225.00 60 Enterprise Fund BROWN & CALDWELL 17-0147,WRRF Capacity Exp FY15,service 4/28-5/25/17 91,775.99 60 Enterprise Fund BRUNEEL TIRE OF MERIDIAN LLC Battery care package PW vehicle C18780 15.55 60 Enterprise Fund BRUNEEL TIRE OF MERIDIAN LLC New Battery for PW Vehicle C17945 129.95 60 Enterprise Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Tires rotated, fluids topped off C12445 23.95 60 Enterprise Fund BRUNEEL TIRE OF MERIDIAN LLC Replaced turn signal light bulb PW Vehicle C18780 19.95 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY PLC chassis for stock 710.79 60 Enterprise Fund CONTAINER & PACKAGING SUPPLY Sampling containers 288.31 60 Enterprise Fund D & B SUPPLY Safety boots for Brent Blake 125.99 60 Enterprise Fund D & B SUPPLY Safety boots for Ryan Powers 175.49 60 Enterprise Fund D & B SUPPLY Spray paint for shop 12.98 60 Enterprise Fund DC ENGINEERING Services for WRRF generator transfer switch alternatives 4,135.00 60 Enterprise Fund DC FROST ASSOCIATES, INC 17-0166 Acticlean cleaner for UV auto wipers 469.95 60 Enterprise Fund ENGINEERING NEWS RECORD 2 yr Subscription ENR 7/17/17-7/16/19 29.95 60 Enterprise Fund FASTENAL COMPANY Hi-vis safety vests-sizes sm, med, lrg & xlrg 147.41 60 Enterprise Fund FERGUSON ENTERPRISES INC.Larger Air/Vacs for Pumps at S. Black Cat Lift Station 4,320.00 60 Enterprise Fund FISHER SCIENTIFIC pH electrode storage solution & volumetric flasks 382.04 60 Enterprise Fund GRANITE EXCAVATION, INC 17-0137,Five Mile Trunk Water Rep.8th St Park,as of 4/25/17 20,306.49 60 Enterprise Fund GRANITE EXCAVATION, INC 17-0203,Sewer Main Rep. E.Wash & Carlton,services to 6/25/17 177,498.04 Date: 7/13/17 12:31:10 PM Page: 7 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund H.D. FOWLER COMPANY Credit for sales tax charge (28.94) 60 Enterprise Fund H.D. FOWLER COMPANY Credit on purchase for parts to fix sprinkler system (385.03) 60 Enterprise Fund H.D. FOWLER COMPANY Parts to fix & install new sprinkler system 435.25 60 Enterprise Fund H.D. FOWLER COMPANY Parts to fix & install new sprinkler system in plant green 226.73 60 Enterprise Fund H.D. FOWLER COMPANY Supplies to fix & replace sprinkler system in plant green 381.48 60 Enterprise Fund HOME DEPOT CREDIT SERVICES 4x4 8ft Prem Post Qty 1 9.97 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Hose end repair parts (9 qty)31.32 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Parts to repair spinkler system around palant green areas 66.59 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Saw blades 29.94 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Parts for cabinets for Collections bldg plumbing repair 660.00 60 Enterprise Fund IDAHO POWER 2202131047, WWTP Power - June 2017 45,195.17 60 Enterprise Fund IDAHO POWER 2204228288, Water Power June 2017 35,932.46 60 Enterprise Fund IDAHO POWER 2205167097 WWTP Power - Liftstations - June 2017 3,324.15 60 Enterprise Fund IDAHO STATE TAX COMMISSION Sales Tax June 2017 4,975.85 60 Enterprise Fund JAMES R. STOLL & MORGAN M. SHEPARD Refund, 0550302104, Wat/Sew/Trash, 5854 N Claret Cup Way, Cu 80.38 60 Enterprise Fund JAY B. & CHRISTINE PATTERSON Refund, 1420043603, Wat/Sew/Trash, 2021 N Silverleaf Pl, Tit 133.12 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Bearing 23.39 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Part to repair gear box, screw pump 2, influent 26.27 60 Enterprise Fund L2 EXCAVATION, LLC.17-0291,Water Main Ext.Amity/Locust, services as of 6/19/17 77,595.81 60 Enterprise Fund LISA BAUM Refund, 0920113002, Wat/Sew/Trash, 1024 W Anton Dr, Customer 45.54 60 Enterprise Fund McCALL INDUSTRIAL Elbow & nipple 96.58 60 Enterprise Fund MCMASTER-CARR SUPPLY COMPANY Nylon bar to reapir temperature indicator-probe mounts 134.35 60 Enterprise Fund MCMASTER-CARR SUPPLY COMPANY Parts to fabricate & install temperature probe mount 837.06 60 Enterprise Fund MERIDIAN TROPHY Brass plate added to Plaque for Golf winners 10.00 60 Enterprise Fund MICHELLE LARSON Refund, 1521284602, Wat/Sew/Trash, 2496 N Man O War Ave, Tit 29.96 60 Enterprise Fund MILES WHITE PREMIUM PROPERTY MANAGEMENT Refund, 1842188602, Wat/Sew/Trash, 1770 E Oakcrest Dr, Both 62.58 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Woodruff key maintenance kit 45.96 60 Enterprise Fund NICHOLAS SEARLE Refund, 0902011802, Wat/Sew/Trash, 4538 N Zion Park Ave, Tit 150.00 60 Enterprise Fund NORCO Cylinder rental 59.46 60 Enterprise Fund NORCO Hi-Vis jacket for Ryan Powers 61.06 60 Enterprise Fund NORCO Hi-Vis shirts for Ryan Powers 64.15 60 Enterprise Fund O'REILLY AUTO PARTS Feeler gauges 19.98 Date: 7/13/17 12:31:10 PM Page: 8 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund O'REILLY AUTO PARTS Primary wire & electrical tape 17.98 60 Enterprise Fund O'REILLY AUTO PARTS Screw driver set 17.98 60 Enterprise Fund OAK LEAF DEVELOPMENT COMPANY INC. Refund, Surety-War-2015-0028, Center Community Sub, Final Re 4,849.80 60 Enterprise Fund OFFICE DEPOT, INC.Copy Paper, Calendar, Flash Drives - Qty 5 42.19 60 Enterprise Fund OFFICE DEPOT, INC.Lab posters for tours & public education 149.97 60 Enterprise Fund OFFICE DEPOT, INC.Lab posters for WRRF tours & public education 202.46 60 Enterprise Fund OFFICE VALUE - MERIDIAN Note Pads, Staple Remover, AAA Batteries Qty 3 58.23 60 Enterprise Fund PACIFIC STEEL & RECYCLING 108inch Black PE A53 Qty 1 5.59 60 Enterprise Fund POWER ENGINEERS City WRRF Power Dist.Capacity Evaluation, Final 6/22/2017 7,602.29 60 Enterprise Fund RED WING SHOES Safety boots for Jonny Mahr 169.99 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract June 2017 1,026,049.20 60 Enterprise Fund RICOH USA, INC C86101407, PW copier lease July 2017, Copies June 2017 433.12 60 Enterprise Fund RICOH USA, INC C86101421, Copier lease Envir July 2017, Copies June 2017 322.11 60 Enterprise Fund RICOH USA, INC C86108123, monthly copier lease for July 2017 plus 88.83 60 Enterprise Fund ROBERT J. & SANDRA GREGORY Refund, 1843043005, Wat/Sew/Trash, 2503 E Meadowgrass St, Cu 91.11 60 Enterprise Fund SCRIBBLE BOX MARKETING Labor & TV for 3D display at WRRF educational center 990.00 60 Enterprise Fund SETH & CANDICE NICHOLES Refund, 1515002803, Wat/Sew/Trash, 1888 W Lonesome Dove St, 146.82 60 Enterprise Fund SHELLI D. STEWART Refund, 1521111402, Wat/Sew/Trash, 2587 N Old Stone Way, Aut 35.74 60 Enterprise Fund SHRED-IT USA, LLC.Document Shredding for Clerks, MUBS, Finance - June 2017 62.34 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY 80lb Handy Pre Mix Qty 42 225.80 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Credit for traffic control signs-PW Week Poop Scoot Fun Run (181.50) 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Inlet Drain Bag Qty 3 126.00 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Adapter & coupling 9.68 60 Enterprise Fund STAR CONSTRUCTION, LLC Labor to replace sewer service at 417 W. Pine Ave 6,503.00 60 Enterprise Fund STAR CRANE & RIGGING Crane service to repair mixer 1, digester 5 700.00 60 Enterprise Fund SYNCB/AMAZON Trace metals sampler parts 80.21 60 Enterprise Fund SYNCB/AMAZON Trace metals sampling parts 35.68 60 Enterprise Fund TATES RENTS (GENERAL OFFICE)Trencher rental to fix & replace sprinker system 105.00 60 Enterprise Fund TELANSWER, INC After Hour Phone Service 7/1 to 7/31/17 208.10 60 Enterprise Fund UNITED OIL Grease 68.60 60 Enterprise Fund VISION SERVICE PLAN 30 044489 0001, VSP July 2017 1,427.33 Date: 7/13/17 12:31:10 PM Page: 9 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Coolant - Qty 2 25.12 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Replace cracked fuel lines-generators 1-4 2,495.92 60 Enterprise Fund WW GRAINGER, INC Trace metals sampler parts 280.55 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-985464 monthly copier lease for May 2017 plus additional 165.71 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-761692 monthly copier lease for May 2017 plus additional 304.92 Total 60 Enterprise Fund 1,545,453.19 Report Total 1,763,736.35 Date: 7/13/17 12:31:10 PM Page: 10 Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 6M PROJECT NUMBER: H-2017-0090 ITEM TITLE: Final Plat for Paramount Director Subdivision No. 1 (H-2017-0090) by Brighton Investments, LLC Located Southwest Corner of N. Meridian Road and W. Chinden Boulevard MEETING NOTES 9 APPROV00 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: July 18, 2017 ITEM NUMBER: 6N PROJECT NUMBER: H-2017-0086 ITEM TITLE: Howry Lane Subdivision No. 3 Final Plat for Howry Lane Subdivision No. 3 (H-2017-0086) by M3 Acquisitions, LLC Located 5220 S. Howry Lane MEETING NOTES J APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 60 PROJECT NUMBER: H-2017-0094 ITEM TITLE: Brinegar Prairie No. 2 Final Plat for Brinegar Prairie No. 2 (H-2017-0094) by Challenger Development, LLC Located 2220 N. Ten Mile Road MEETING NOTES D: 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: July 18, 2017 ITEM NUMBER: 6P PROJECT NUMBER: H-2017-0092 ITEM TITLE: Whiteacre Subdivision No. 3 Final Plat for Whiteacre Subdivision No. 3 (H-2017-0092) by Whiteacre Development Corp Located West Side of N. Meridian Road, Between W. Ashton Drive and W. Lava Falls Drive MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 6Q PROJECT NUMBER: H-2017-0020 ITEM TITLE: Caven Ridge Estates East Subdivision Development Agreement for Caven Ridge Estates East Subdivision (H-2017-0020) with New Cavanaugh, LLC Located South of E. Victory Road and East of S. Meridian Road, in the northwest 1/4 of Section 30, Township 3 North, Range 1 East 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 ADA COUNTY RECORDER Christopher D. Rich 2017-066053 BOISE IDAHO Pgs=56 LISA BATT 07/19/2017 04:21 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. New Cavanaugh, LLC, OwnedDeveloper TIJIS DEVELOPMENT AGREEMENT (this Agreement)., is made and entered into this day of , 2017, by and 1 etween City of Meridian, a municipal corporation of the State of Idaho, hereofter coillcd CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and New Cavanaugh, LLC, whose address iS 3327 N. Eagle, Road, Ste. 100, Meridian, Idaho $3646, hereinafter called O"I✓R/DEVELOPER, : RECITALS: 1.1 WHERE, S, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached Hereto and by this reference incorporated herein as if set forth in full, herein aft6r referred to as the Property; and 1.2 WHEREAS, Idaho Code § 6.1.6511 A provides that. cities may, by ordinance, require or; permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 -of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the for a modification of the Development Agreement to include a new conceptual development plan for the site dnd a preiiininaly plat consisting of 93 building lots and 7 common lots on 32.59 acres -of land under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the, proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions DEV61.OPMGN'r AGREEMENT—CAVEN RIDGR ESTATLS EAST SUBDIVISION (1-1-2017-0020) PAGE I Or 7 providingservices within the City ofMeridian planning jurisdiction, and includes further te4timony and comment; and 1.7 WHEREAS, on the 20"' day of June, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Ofder ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "3", and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a new Developrr ent Agreement bef6re the City Council takes final action on final plat; and 1.10 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.11 WHEREAS, City requires tqe Owner/Developer to enter into a development agreement for the purpose ol! ensuring that the Property is developed and the subseque:�t use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings For zoning designation From government subdivisions providing: services within the:planning jurisdiction and from affected property owners a0d to ensure zoning 'designation are in accordance with the amended Comprehensive Plan of the d-ity of Meridian on October 11, 2016, Resolution No, 16-I 1'73, and the UDC, Title 11. NOW, THEREVORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RE' That the above recitals are contractual and binding and are incorporated herein as if set forth in Tull. 3. DEFINITIONS:i For all purposes o�this Agreement the following wards, terms, and phrases herein contained in this sbetion 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 Corpor6tion 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 $3642, 3.2 OWNERYI.IEVELOPER: n1leatis and refers to New Cavanaugh, LLC, whose address is3327 N. Eagle Road, Suite 100, Meridian, Idaho 83646, the party that is developing said Property arO shall include any subsequent developer(s) of the Property. r DEVELOPMENT AGREEMNNT— CAvEN RIDGEESTATES EAST Su0ivisioN (H-2017-0020) PAGE 2 of 7 3.4 PROPERTY: Means and ref4rs to that certain parcel(s) efProperty located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcel attAched hereto and by This reference incorporated herein as if set forth at length to be removed from t(Ie existing Development Agreement (Instrument 9108065058,) and the Addendum to Development Agreement (Instrument # 10161 51214) and be bound bylthis Agreement. 4. USES PERMIT' ED BY THIS AGUEMENT: This Agreement shall vest the right to develop the Property in accordal ce with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No chane in the uses specified in this Agreement shall be allowed without modificatlon of this Agreerneht. S. CQNDITIQNS CAVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/De�+eloper shall develdp the Property in accordance with the following special conditions: a. Development o.� the subject prope4 shall substantially comply with the conceptual development plan and building elevatio(Is included in Exhibit A.2 and the conditions of approval associated With the preliminary plat in Exhibit B. b. The overall dcvblopment steal I include a minimum of 5,15 acres (or 10.9%) of qualified open space as set fo6 in UDC 11 -3G -3p. c. The developmentshall include at a minimum, the following amenities: a children's play structure; swimmingpool; structure containingrestrooms, pool equipment room, and outdoor furniture storage roof i; a large open space area; internal pathways; and a multi- use pathway along S. Meridian Rc}ad and along the south side of the Ridenbaugh Canal in accord with UDC 11 -3G -3C. d. The site amenities (i.e, swimming pool; structure with restrooms and pool & outdoor furniture storage; parking lot and chiWicn's play structure) in Lot 1, Block 2 shall be constructed with Phage 1 of Caven RidgeEstates East Subdivision. e. City Council approved a waiver to VDC 1 i -3A -6A to al low the Ridenbaugh Canal to remain open and not be piped due to the large capacity of the facility. 6. COMPLIANCEPEmIOD This Agreement must be fully executed within six (6) months after the date of the Findings for`the annexation and1�zoning or it is null and void. 7. DEFAULTi /COOSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: ' 7.1 Arts of Default. Either party'p failure to faithfully comply with all of the torms and conditions included in this Agreement shall constitute default under this Agreement. DEVELOPMENT AGREEMENT— CAVEN ltioa-? FSTATES EAST SU0DIVISION (H-2017-0020) PAGE 3 OF 7 7.2 7.3 Notice a notice fro cure the d within on, such defy (1 80) day such peri diligence Rernedic notice as the tonin Property rules, inc 6511, d occurred. Court in, sought b� performer herein. 7A Delay. In by either reasonably include, m the time f delay. 7.5 Waiver. more of defaults apply to S. INSPECTION: the entirety of said development policy, notifythe City Engineer completed improvements or pc Agreement and all other ordinar 9. Rzt2 utxE1Vj_Ur all of the Exhibits, and submit p. the Meridian Zoning Ordinance for any reason after such record, DFVELOPM FNT AGREFM ENT — CAVEN I Cure Period. lij the event of Owner/Developer's default of this Owner/Developer shall have thirty (30) days from receipt of written ri City to initiate commencement of action to correct the breach and fault, which action pnust be prosecuted with diligence and completed hundred eighty (1 S0) days; provided, however, that, in the case of any It that cannot with cjiligenee be cured within such one hundred eighty )eriod, then the timd allowed to cure such failure may be extended for d as may be nco*ary to complete the curing of the same with nd continuity. In the event of default by Owner/Developer that is not cured atter lescribed in Section 7.2, Owner/Developer shall be deemed to have to modification oft is Agreement and de -annexation and reversal of designations descried herein, solely against the offending portion of ad upon City's corn; Hance with all applicable laws, ordinances and xding any applicable provisions of Idaho Code §§ 67-6509 and 67- rner/Developer res, ves all �•ights to contest whether a default has This Agreement shall be enforceable in the Fourth Judicial District da County by either. City or Owner/Developer, or by any successor or in title or by the a0signs of the parties hereto, Enforcement may be an appropriate. aef ion at law or in equity to secure the specific ;e of the covenants,agreements, conditions, and obligations contained .he event the perfort`nance of any covenant to be performed hereunder )caner/Developer a City is delayed for causes that are beyond the control of the party responsible for such performance, which shall ithout limitation, acus of civil disobedience, strifes or similar causes, r such performancd shall be extended by the amount of time of such waiver by City of any default by Owner/Developer of any one or covenants or conditions hereof shall apply solely to the default and ived and shall neifher bar any other rights or remedies of City nor subsequent default of any such or other covenants and conditions. wner/Developer shall, immediately upon completion of any portion or the Property as required by this Agreement or by City ordinance or 1 request the City.Tngineer's inspections and written approval of such ion thereof in accordance with the terms and conditions of this :s of the City that ripply to said Property. FOR UCORDATION: City shall record this Agreement, including if of such recordingto Owner/Developer, prior to the third reading of connection with the re -zoning of the Property by the City Council. If in, the City Councijl fails to adopt the ordinance in connection with the )GEESTATGsEAST SU�DIVISIQN(H-2037-0020) PAGE4oF7 annexation and zoning of the property contemplated hereby, the City shall execute and record an appropriate instrument ofreleas of this Agreernentl 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as $pecificd herein. IL . SURE'T'Y OF P RFORIVIANCE: 'the City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which theOwner/Developer agree to provide, if required by the City. 12, CERTIFICATE OF OCCUPANCY': No Certificates of Occupancy shall be issued in any phase in which the improverr►ents have not been; installed, completed, and accepted by the City, or sufficient surety of performanc is provided by Qwner/Developer to the City in accordance with Paragraph I 1 above, i 13, ABIDE BY ALI CITY ORDINASeES: That Owner/Developer agrees to abide by all ordinances of the City of Meridi n unless otherwiseprovided by this Agreement. 14. NOTICES: An 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 mai postage prepaid, roturn receipt requested, addressed as follows: CITY: with copy to: City Cleric ;City Attorney City of Meridian !City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 836142 !Meridian, ID 83642 O WNER/DEVELOP ER: New Cavanaugh Development, L 3327 N. Eagle Road, Ste. 100 Meridian, ID 83646 14.1 A partysh It have the right to change its address by delivering to the other party a written notification thereof in ac ordance with the rocluirements of this section. 15. ATTORNEY F MS: Should any litim gation be corrienced between the parties hereto concerning this Agreement, the prevailing party shallbe entitled, in addition to any other relief as may be granted, to court casts and reasonable attorney's fees 4s determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate ct{ntract between the parties and shall survive any default, termination or forfeiture: of this Agreement. M. TIME IS OF TIE ESSENCE: The; parties hereto acknowledge and agree that time is strictly of the essence with reset to each and every ;term, condition and provision hereof, and that the DEVELOPMENT AGRGGMENT - CAVEN F UDGE ESTATES EAST SU�DIVISION (Ji -2017-0020) PAGE 5 OF 7 failure to timely perform any of tl;ie obligations horeurider shall constitute a -breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPOl SUCCESSORS: f his Agreement shall be binding upon and inure to the benefit of the parties' respect',ive heirs, successor, assigns and personal representatives, including City's corporate authorities and wir successors in Office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any tither person acquiring an interest in the property. Nothingheroin shal I in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subjcct to the provisiorjs hereof and any successor owner or owners shal I be both benefited and bound byithe conditions and jrestrictions 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 land reasonable disct[etion, had determined that OwneriDeveloper have fully performed their obligations:under this Agreement. 18. INVALID PRO4ISION: if any prop! ision of this Agreement is held not valid by a court of competent jurisdiction, such firovision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affeetany of the other prdvisions contained herein. 19. DUTY TO. ACT,REASONABL'i'': ;Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, 3or taking any other action under this Agreement. 20, COOPERATIO]? OF THE PARTItS, In the event of any legal or equitable action or other proceeding instituted by an. third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGRE MENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative: to the subject matter hereof, and there are no promises, agreements,�conditions or understanding, either oral or written, express or implied, between Ow er/Developer and C.ty, other than as are stated herein. Except as herein otherwise provided, no subseque , t alteration, amend r,,nent, change or addition to this Agreement shall be binding upon the parties hereto inless reduced to Y{riting and signed by them or their successors in interest or their assigns, and pars iant, with respect to`City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses andl;.or conditions governing re -zoning of the subject Property herein p ovided for can be diodified or amended without the approval of the City Council afterthe. City has conducted public hearing(s) in accordance withthe notice provisions providbd for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVI! DTE OI+' AGRIE + + ENI*NT: This Agreement shall be effective on the date h s the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning 9f the Property and execution of the Mayor and City Clerk. [end of teat; signadires, acknowledgenrlents, and Exhibits A and B follow] DEVELOPMENT AoREEMEN"r—CAVEN RIDGcEsTATFis EAST DIVISION (H-2017-0020) PAGE 6 OF 7 ACKNOWLMGMENTS IN WITNESS WhEREOV, the partiQs have herein executed this agreement and made it effective as hereinabove providgd. i OWNER/DEVELOPER: 4 Now Cavan gh, LLC ` CITY 0)F MERIDIAN By: Mayor Ta 1y de W Ep q�� AT'T'EST, (l �plAi� IDAHo ay Co , City Cleric SEAT ISY STATE OF IDAH19J C) -tthe' County of Ada, ) On this _ 1 day of 2017, before nth, the undersigned, a Notary Public in and for said State, personally appeared k r. Cr\,T_V___Xb knom or identified to ine to be tite r Ci _ of New Cavanaugh, LLC, and ackno\[edged'Ito me that he executed the same on behalf of said Corporatiolu --- IN WITNESS Wi-1EPX3017, It have hereunto set my jtand anal/ (fixed my official seal the day and year in this certificate first above written. ( C1]=t+I0iAi. 87AC1lla _ , _...._, ...........•-..---�-. tAURA PHARM SAS• NOTARY PUaIC-ORISt�rys ablic for Idaho CQ C1 c�c N COMMISSION NO, 9611,gi4 Residins at: 61YCtlbffu'MION £�'I1t�S�2021 My ConItnission Expires: 1 i STATE OF IDAHO } . ss County of Ada On this I O day of , 2{t 17, before me, a Notary Public, petionally appeared Tammy de Weerd and C.Jay Coles, know or [ entified to me to be the Mayor and Cler7r, respectively, of the City of Meridian, who executed the instrument or the person tl'[at executed the instrum rut of behalf of said City, and acknowledged to me that such City executed the same. { IN WITNESS W.WAi q�, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above ®Vo en. ! too � E (SEAL,) e ��� Notary > ublic £ r1daho .._-- D l''� Residintiy at: _ ComtnlsSioa expires: DLvrLOPMFNT AGRr,8 ; oCA AGR ESTATES EAST SU�bNISioN (I.1-2017-0020) PAG2 7 OF 7 1WHI JUB 1-U SCONIPANIIS J J -U-8 ENGINEERS, INC. Caven Ridge Estates West Preliminary Plat Boundary Description Project Number 10-16-141 May 19, 2017 A parcel of land situated in the northwest quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S00°25'44"W, 410.86 feet along the west line of the northwest quarter of Section 30; Thence S89°34'16"E, 70.00 feet to the intersection of the east right-of-way line of South Meridian Road (Hwy 69) and the center line of the Ridenbaugh Canal, and the southwest corner of Red Wing Subdivision (Book 105 of Plats at Pages 14405 through 14409, records of Ada County, Idaho), the POINT OF BEGINNING: Thence S44°08'28"E, 314.59 feet along the center line of the Rldenbaugh Canal and the boundary of Red Wing Subdivision; Thence S57°31'52"E, 69.47 feet along the center line of the Ridenbaugh Canal and the boundary of Red Wing Subdivision; Thence S70°55'16"E, 1146.43 feet along the center line of the Ridenbaugh Canal, the boundary of Red Wing Subdivision, and the boundary of Silverwater Subdivision No. 2 (Book 110 of Plats at Pages 15649 through 15652, records of Ada County, Idaho) to the northwest corner of Caven Ridge Estates Subdivision No. l (Book 111 of Plats at Pages 15947 through 15951, records of Ada County, Idaho); Thence S19°04'44"W, 49.91 feet along the boundary of Caven Ridge Estates Subdivision to a S/8 inch rebar; Thence N70°59'40"W, 20.06 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 Inch rebar; Thence S19°01'48"W, 94.00 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 Inch rebar, Thence S21°30'41"W, 56.05 feet along the boundary of Caven Ridge i �� LA Estates Subdivision; a� Thence 127.68 feet on a non -tangent curve to the right, concave 1334 northwesterly, having a radius of 242.50 feet, a central angle of o,, Page 1 of 3 a 250S. Caven Ridge Estates East — H-2017-0020 WOUR- UB�Oui10VPON NAP J•U•8 ENGINEERS, INC. Preliminary Plat continued... 30°10'05", a chord bearing of S42°52'25"W, and a chord length of 126.21 feet, along the boundary of Caven Ridge Estates Subdivision to a 5/8 Inch rebar; Thence S57°51'54"W, 140.06 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar, Thence 272.04 feet on a non -tangent curve to the left, concave Southeast, having a radius of 457.50 feet, a central angle of 34°04'09", a chord bearing of S40°44'56"W, and a chord length of 268.05 feet, along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence S24°34'17"W, 20.66 feet along the boundary of Caven Ridge Estates Subdivision to the boundary of Parcel "TIC 5" (Special Warranty Deed Instrument No. 113100373 and Warranty Deed Instrument No. 2016.120082, records of Ada County, Idaho); Thence S21°10'33"W, 54.18 feet along the boundary of Parcel "TIC 5"; Thence N23°24'15"W, 1.61 feet along the boundary of Parcel "TIC 5"; Thence N66°15'13"W, 89.20 feet along the boundary of Parcel "TIC 5"; Thence S72°28'28"W, 27.67 feet along the boundary of Parcel "TIC 5' Thence N61°17'30"W, 50,00 feet along the boundary of Parcel "TIC 5"; Thence N15°03'28"W, 27.67 feet along the boundary of Parcel "TIC 5"; Thence N26°38'52"E, 50.16 feet along the boundary of Parcel "TIC 5"; Thence N75"03'31"E, 28,94 feet along the boundary of Parcel "TICS'; Thence N28°42'30"E, 43.06 feet along the boundary of Parcel "TIC 5'; Thence 124.44 feet on a curve to the right, having a radius of 425.00 feet, a central angle of 16°46'33", a chord bearing of N37°05'47"E, and a chord length of 123.99 feet, along the boundary of Parcel "TIC 5' Thence N43°48'48"W, 110.00 feet along the boundary of Parcel "TIC S"; Thence N45°37'37"E, 60.54 feet along the boundary of Parcel "TIC 5'; Thence N37°37'55"E, 47.89 feet along the boundary of Parcel "TICS"; Page 2 of 3 a 250 S. Beechwood Avenue, Suite 201, Boise 10 83709 p 208-376.7330 J 208-323-9336 a mmiub.com Caven Ridge Estates East — H-2017-0020 EXHIBIT A (,J -U - I } OYOUP�H I NAPPING J-U•B _. ENGINEERS, INC. Preliminary Plat continued... Thence N72°47'40"W, 81.99 feet along the boundary of Parcel "TIC 5' Thence N78°17'17"W, 69.15 feet along the boundary of Parcel "TIC 5'; Thence N71'16'52"W, 92.48 feet along the boundary of Parcel "TIC 5' Thence N63°55'29"W, 250.21 feet along the boundary of Parcel "TIC 5"; Thence 518`09'01"W, 80.37 feet along the boundary of Parcel `TIC 5'; Thence S06°40'03"E, 27.19 feet along the boundary of Parcel "TIC 5'; Thence 586'45'46"W, 130.96 feet along the boundary of Parcel "TIC 5"; Thence N76°21'04"W, 50.81 feet along the boundary of Parcel "TIC 5"; Thence N86`0149"_W,189.46 feet along the boundary of Parcel `TIC 5" to the east right-of-way line of South Meridian Road (Hwy 69); Thence NO2'S6'31"W, 98.59 feet along the east right-of-way line of South Meridian Road (Hwy 69); Thence NOO"25'44"E, 639.67 feet along the east right-of-way line of South Meridian Road (Hwy 69) to the POINT OF BEGINNING. The above-described parcel contains 14.49 acres, more or less. Page 3 of 3 a 2505. 6eechwood Avenue Suite 201, Ooise, ID 83709 p 208.376.7330 f 208-323-9336 »' wvrw.jub.com Caven Ridge Estates East — H-2017-0020 IMMI - m Red Wing rn 0 Rldenba'�gh '� Coal Silvenvater 2 Caven Ridge Estates West CA TIC 5 5� Caven Ridge Estates West - NW4 530 T3N R1 E 15/1912017 Scale: 1 inch= 200 feet File: Tnct is MASS Ams, G0:.r0: n?1.2110e 0.01 fL (V551387), Pedm to 4737 0 01 s44.08280 314.59 21 Rl, r425.00, dolts=016.9633, ch.,d=.37.0547. 123.99 02 :57.3152. 69.47 22 n43.4848w 110 03 s70 5516o 1146.43 23 .45.3737. 60.54 04 s19.0444w 49,91 24 n37.37550 47.89 05.70.5940.20.06 25 n72.4740W 81.99 06 s19.0148w 94 07 s21.3041w 56.05 08 Rt,' -242'50' dolt -030,1005, chord=s42.5225w 126.21 2608.1717w 69.15 27 n71.1652w 92.48 28 n63.5529w 250.21 Np 09 s57.5 154w 140.06 29 sl 8.0901w 80.37.. 10 Lt, "57.50, delta=034.0409, chord=s40.4456w 268.05 30 .06.4003. 27.19 4 1104.34 17w 20.66 12s2 1.1033w 2521.1033. 51.1832 13.232415.1.61 14 89.2 31 :86.4546. 130.96 n76.2104w 50.81 33.860149w 189.46 ++�� Q Q J�. � 0. a7/'7 7( n66.1513w 15 572.2828w 27,67 16 n61.1730w 50 34 02.5631w 98.59 35 n0025440 639,67 OF 17.15.0328w 27.67 �HAEL 18 n26.38520 50.16 19 05.03310 28.94 20 n28A230o 43.06 Caven Ridge Estates East - H-2017-0020 EXHIBIT A UB1 iHC OAtCVAY Uft f_ f 1itl E5 '� 1 G oop�H ��enxo J-D•B ENGINEERS, INC. Caven Ridge East Preliminary Plat Boundary Description Project Number 10-16.141 February 14, 2017 A parcel of land situated in the west half of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Beginning at the center quarter -section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S89°44'39"W, 1323.00 feet along the south line of the northwest quarter of Section 30 and the north line of Reflection Ridge Subdivisions No. 3 & 5 (Book 108 of Plats at Pages 15152 through 15156 and Book 110 of Plats at Pages 15760 through 15764, records of Ada County, Idaho) to the center -west sixteenth -section corner of Section 30; Thence 500°00'07"W, 25.00 feet along the east line of the northwest quarter of the southwest quarter and the boundary of Reflection Ridge Subdivision No. 5; Thence 589'43'33"W, 1074.00 feet parallel with and 25.00 feet from the south line of the northwest quarter to the east right-of-way line of South Meridian Road (Hwy 69); Thence N00'32'42"E, 25.00 feet along the east right-of-way line of South Meridian Road (Hwy 69) to the southwest corner of Parcel "TIC 5" (Special Warranty Deed Instrument No. 113100373 and Warranty Deed Instrument No. 2016-120082, records of Ada County, Idaho); Thence N89'39'47"E, 639.51 feet along the boundary of Parcel "TIC 5"; Thence N00'02'38"W, 188.40 feet along the boundary of Parcel "TIC 5"; Thence N00'00'33"W, 204.82 feet along the boundary of Parcel 'TIC 5'; Thence 201.87 feet on a curve to the right, having a radius of 357.50 feet, a central angle of 32'21'09", a chord bearing of N16'10'02"E, and a chord length of 199.19 feet, along the boundary of Parcel "TIC 5"; Thence N32'05'14"E, 50.42 feet along the boundary of Parcel "TIC 5"; Thence N76'38'15"E, 1.28 feet along the boundary of Parcel 'TIC 5" to the boundary of Caven Ridge Estates Subdivision No. 1(Book 111 of Plats at Pages 15947 through 15951, records of Ada County, Idaho); Pagel of 4 a250 S. Beechwood Avenue, Suite 201, Boise, ID 5. Beechwood Avenue, Suite 201, Boise, iD 83709 p 208-376-7330f208-323.9336 w wvAvIub.com208-376-7330f208-323.9336 iv wvAvIub.com Caven Ridge Estates East — H-2017-0020 EXHIBIT/\ CavenRidge Estates East —H'2017'082U EXHIBIT A J•U•B 1'IJ L' f( !'r1�1�$ 1AX00dN El NAPVINO 040UP NC. J-U•B ENGINEERS, INC. Preliminary Plat continued... Thence N58'04'22"E, 110.63 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N64°37'21"E, 286.47 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N22°38'40"W, 63.39 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence NOS`22'31"W, 53.87 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N19°32'14"E, 129,25 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence 56.73 feet on a non -tangent curve to the left, concave northerly, having a radius of 628.00 feet, a central angle of 05'10'33", a chord bearing of S69'47'47"E, and a chord length of 56.71 feet, along the boundary of Caven Ridge Estates Subdivision No.1 to a 5/8 inch rebar; Thence N17°25'30"E, 56.00 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence 13.87 feet on a non -tangent curve to the right, concave northerly, having a radius of 572.00 feet, a central angle of 01°23'20", a chord bearing of N71°40'17"W, and a chord length of 13.86 feet, along the boundary of Caven Ridge Estates Subdivision No. l to a 5/8 inch rebar; Thence N18°56'07"E, 195.05 feet along the boundary of Caven Ridge Estates Subdivision No. i to the center line of the Ridenbaugh Canal and the boundary of Silverwater Subdivision No. 2 (Book 110 of Plats at Pages 15649 through 15652, records of Ada County, Idaho); Thence S59°42'58"E, 143.69 feet along the center line of the Ridenbaugh Canal and boundary of Sllverwater Subdivision No. 2; Thence S65°00'16"E, 398.40 feet along the center line of the Ridenbaugh Canal and boundary of Siiverwater Subdivision No. 2; Thence 21.63 feet on a curve to the right, having a radius of 250.00 feet, i LAA/ a central angle of 04°57'30", a chord bearing of S62°31'31"E, and a`( chord length of 21.63 feet, along the center line of the Ridenbaugh~Y Page 3 of 4 Caven Ridge Estates East — H-2017-0020 IMM11: rn .J -U -B J Cn l"V � iincooH wcv ea exaur iHc. J•U-R ENGINEERS, INC. Preliminary Plat continued... Canal and boundary of Silverwater Subdivision No. 2 to the east line of the northwest quarter of Section 30; Thence S00°07'13"E, 1115.19 feet along the east line of the northwest quarter and the boundary of Reflection Ridge Subdivision No. 3 to the POINT OF BEGINNING. The above-described parcel contains 32.59 acres, more or less. Page 4 of 4 0 270 S. SeeChW000 Avenue, bUlte 101, bolse, l0 83709 P 208-376-7330 7 208-323-9336 w mm.iub.com Caven Ridge Estates East — H-2017-0020 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW CVIERIDIAN" AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement to Include a New Conceptual Development Plan for the Site; and a Preliminary Plat Consisting of 93 Building Lots and 7 Common Lots on 32.59 Acres of Land in an R-8 Zoning District for Caven Ridge Estates Subdivision, by New Cavanaugh, LLC. Case No(s). H-2017-0020 For the City Council Hearing Date of: June 6, 2017 (Findings on June 20, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the bearing date of June 6, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) 4. Required Fundings per the Unified Development Code (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) B. Conclusions of Law L The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0020 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 6, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 6, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). 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). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement maybe initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0020 - 2 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 6, 2017 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0020 -3- By action of the City Council at its regular meeting held on the _2_ day of. V 0,A , , 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MIL,AM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor eerd Attest: o LP3 „""tjsr w City of EI�I DIAN C.Ja moles 1DA"° } City Cleric ym SEAL VOTED \b VOTED /fit VOTED 164 VOTED �/4 VOTED `/&� VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: (A U4e Dated: 6 C;D —/ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LkNV AND DECISION & ORDER FILE NO(S). H-2017-0020 - 4 - STAFF REPORT HEARING DATE TO: FROM: SUBJECT: June 6, 2017 Mayor & City Council Sonya Allen, Associate City Planner 208-884-5533 Caven Ridge Estates East — MDA, PP (H-2017-0020) I. SUMMARY DESCRIPTION OF APPLICANTS' REQUEST The applicant, New Cavanaugh, LLC, has submitted an application for a modification to the development agreement (MDA) to include a new conceptual development plan for the site; and a preliminary plat (PP) consisting of 93 building lots and 7 common area lots on 32.59 acres of land in an R-8 zoning district. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning & Zoning Commission heard these items on May 4, 2017. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: L In favor: Kristi Watkins, JUB Engineers (Applicant's Representative) ii. In opposition: None W. Commenting: Dennis Bedient iv. Written testimony: Kristi Watldns, JUB Engineers (Applicant's Representative) L. Staff presenting application: Sonya Allen A. Other staff commenting on application: Caleb Hood b. Key issue(s) of Public Testimony: L. Traffic impact of the proposed development on adjacent streets (Standing Timber & Victory) without Rumpel Lane being improved as a collector street out to S. Meridian Road/SH 69 (tire applicant only has 25' of fronta-e on Meridian Rd,, which isn't enough width to construct a puhlie street). c. Key Issues of Discussion by Commission: i. The reconfiguration of the southern portion of the plat to comply with block length standards; ii.Concern that providing street frontage through the common area for the out -parcel where the existing home is located will reduce the amount of qualified open space (which eurrerztly exceeds the rninirnum requirement at 12.6°%0). d. Commission Changes) to Staff Recommendation: i. Include a condition that street frontage via a local street is provided for the out -parcel where the existing home is located; direct access via Standing Timber Way, a collector street, is prohibited (see conditions #1.2.1d and 1.2.2f). e. Outstanding Issue(s) for City Council: i. The ACHD Commission held a hearing for this project on May 24th and continued the project to their June 21St meeting due to concern the project won't have public access via S. Meridian Rd./SH 69 via Rumple Ln. (only emergency access is proposed due to the lack of right-of-way for a public street). Staff spoke with ACHD staff regarding this rrratter and staff didn't expect their draft conditions (included in Exhibit B, Section 7) to change as this property does not have enort, h Pontage on S. Meridian Rd./SH 69 for a public street to be constructer. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE I EXHIBIT A The Meridian City Council heard these items on June 6 2017. At the public hearing, the Council approved the subject MDA and PP request. Summary of City Council Public Hearing: L In favor: Kristi Watkins, JUB Engineers fl.. In opposition: None iii. Commenting• Brenda Walther; Brett Walther; Patrick Thomas; Dan Thompson. Thompson Engineers (Traffic Engineer): Justin Lucas. ACHD iy� Written testimonX: None y� Staff presenting application: Sonya Allen yi Other staff commenting on application: None I Key issue(s) of Public Testimony: L Concern regarding the existing bird habitat in the copse of trees along the Ridenbaugh Cana that are proposed to be removed with development of the site: desire for the trees to be preserved for the benefit of the birds and residents in the area ii. Concern regarding cor pletion of this development without an access to S. Meridian Road/SH 69 via Rumple Lane and impact of traffic on E. Victory Road. r- Key Issues of Discussion by Council: L Access for the imposed development and the issue of no public access via S Meridian Road/SH 69 until the property to the west develops to provide additional right-of-way. d. Key Council Changes to Staff/Commission Recommendation h Council approved a waiver to UDC 11 -3A -6A to allow the Ridenbaugh Canal to remain open and not be pined due to its largecapaejty. ii Modification to condition #1.2.1 and 1.2.2 per staff's memo to Council dated June 6 2017 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0020, as presented in the staff report for the hearing date of June 6, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0020, as presented during the hearing on June 6, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0020 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located south of E. Victory Road and east of S. Meridian Road, in the northwest '/a of Section 30, Township 3 North, Range 1 East. B. Applicant: New Cavanaugh, LLC 3327 N. Eagle Road, Ste. 100 Meridian, Idaho 83646 Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 2 EXHIBIT A C. Owner: New Cavanaugh, LLC 2289 S. Bonito Way, Ste. 100 Meridian, ID 83642 D. Representative: Kristi Watkins, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste. 241 Boise, Idaho 83709 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for a modification to the development agreement and a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on the preliminary plat; a public hearing is only required before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 14, 2017 (Commission); MU 19, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: April 6, 2017 (Cormnission); May 11, 2017 (City Council D. Applicant posted notice on site by: April 21, 2017 (Commission); May 24, 2017 (City Council) VI. LAND USE A. Existing Land Use(s): This property is currently being used for agricultural purposes and is zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residential (Caven Ridge Estates & Silverwater Subdivisions), zoned R-8 South: Single-family residential (Reflection Ridge Subdivision), zoned R-8; and a storage facility, zoned RUT in Ada County East: Single-family residential (Reflection Ridge Subdivision), zoned R-8 West: Vacant/undeveloped property (firture single-family residential), zoned R-8 C. History of Previous Actions: In 2006, this property was annexed and zoned (AZ -06-015) as part of the larger Tanana Valley development; a development agreement was approved as a provision of annexation recorded as Instrument No. 106151214 and later amended (MI -07-011, Inst. #108065958). A preliminary plat was also approved but the property was re -platted in 2007 (PP -07-015) as Cavanaugh Subdivision; several time extensions were approved for that plat (TE -08-022; TE -10-005; TEC -I1-005; TEC -13- 005). Since the preliminwr v plat for this project was approved, individual parcels within the preliminary plat area have been sold off and are now under different ownerships and are being developed separately, rather than as a single master planned project as envisioned. For this reason, staff requested that the applicant submit a new preliminary plat for the remaining area south of the Ridenbaugh Canal owned by this developer that contains its own amenities. Property boundary adjustments were recorded in 2005 (ROS # 7140); and in 2011 (ROS #9007) (PBA -11-009) for this property. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 3 EXHIBIT A D. Utilities: a) Location of sewer: Sanitary sewer mains intended to provide service to the subject development were installed in a previous phase of this development. b) Location of water: The subject development fails within two separate water pressure zones, and therefore will need to provide connections to each of those zones. c) Issues or concerns: Applicant shall be responsible for the extension of sanitary sewer and water mains to provide service. E. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal runs along the north boundary of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This property does not lie within the Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (&u./acre). The applicant proposes to develop the site with 93 single-family residential homes at a gross density of 2.82 dwelling units per acre (d.u./acre) and a net density of 4.14 d.u./acre consistent with the MDR FLUM designation. The proposed density is slightly below the density of 3 to 8 dwelling units desired in MDR designated areas, which will require approval from Council for a "step down" in density from MDR to LDR (Low Density Residential) for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.)." (3.06.02F) A 20 -foot wide street buffer is required along S. Standing Timber Way and E. Rumpel Lane, both designated as collector streets, landscaped in accord with the standards listed in UDC 11 -3B -7C Landscape Buffers along Streets. Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed low density residential development will provide another housing option in this portion of the City adjacent to existing low -medium density residential uses. Staff is unaware of how "affordable" homes in this development will be. "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) The UDC (11-3A-3) restricts access to collector streets when access is available from a local street. Access via local streets from the existing collector street (Standing Timber) is available, for the proposed lots; therefore direct lot access to Standing Timber is prohibited. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 4 EXHIBIT A "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01 F) City services are available to be extended by the developer to the proposed lots with development in accord with UDC 11-3A-21. "Develop pathways to connect Meridian with Boise, Nampa, Kuna, and Eagle." (6.01.02C) A segment of the City's multi -use pathway system is proposed within this site along the south side of the Ridenbaugh Canal. "Coordinate with irrigation districts to implement the proposed pathway network along irrigation canals, ditches, creeks and easements," (6.02.02C) The applicant should coordinate with Narnpa & Meridian Irrigation District for construction of the multi -use pathway along the Ridenbaugh Carnal. "Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern." (5.01.01D) The Ridenbaugh Canal runs along the north boundary of this site and is proposed to remain open- and not be piped due its large capacity if Council approves a waiver to UDC 11 -3A -6A.3 to allow it to remain open. To protectpublic safety, the canal should be fenced off with a 6 -foot tall open vision fence having an 11 -gauge 2 -inch mesh or other construction equivalent in ability to deter access to the canal as setforth in UDC 11 -3A -6B. "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) Internal pedestrian pathways, as well as connection to an existingpathway stubbed at the south boundary from Reflection Ridge Subdivision, are proposed within this developnnentfor interconnectivit3). "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The preliminary plat depicts extension of existing stub streets through this property. Extension of the existing stub street (E. Mona Lisa St.) at the east boundary will allow connectivity between this development and Reflection Ridge Subdivision. In accord with the above -stated policies and goals, Staff feels the proposed development is consistent with the Comprehensive Plan and the MDR FLUM designation if Council approves a "step down" in density for this development. VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): Development of this property is currently governed by the development agreement (DA) approved for the overall Tanana Valley/Cavanaugh Subdivision and later amended, which encompassed a total of 177+/- acres of land on the north and south sides of the Ridenbaugh Canal (Instrument No.'s 106151214 and 108065958). Because the parcels within this development were sold off individually after the preliminary plat was approved, it has not developed as a single master -planned project as envisioned. The property north of the canal is almost fully developed with multi -family and single-family residential homes. The property south of the canal, except for a 22+/- acre parcel on the west side of Standing Timber Way and the 4.51 acre parcel where the existing home is located, is owned by the subject developer. Caves Ridge Estates East — MDA, PP H-2017-0020 PAGE 5 EXHIBIT A Most of the site amenities for this development were located north of the canal and those south of the canal were on the property where the existing home is located that is now under private ownership. For this reason, staff requested the applicant modify the previous development agreements for the sole purpose of entering into a new one and apply for a new preliminary plat with stand-alone cormnon area and site amenities. Concept Plan: The applicant submitted a conceptual development plan included in Exhibit A.3 that depicts how the 47+/- acres owned by the applicant located on the east & west sides of Standing Timber Way is proposed to develop. The applicant intends to submit the preliminary plat for the property on the west side of Standing Timber Way (i.e. Caven Ridge Estates West) within 2 to 3 years — after construction of Phase 4 of the Caven Ridge Estates East plat. The overall layout is substantially the same as the previous plat for Cavanaugh Subdivision. A total of 6.49 acres (or 13.78%) total open space is proposed with 5.15 acres (or 10.9%) of that amount being "qualified" per the standards listed in UDC 11-3 G-3 B. Because this property is under different ownership and is developing separately from that to the north of the canal and to the west of Standing Timber Way (Parcel #S1 130234045), staff recommends the existing DA (Instrument No. 106151214, amended Instrument No.108065958) is amended to exclude the subject property and a new DA is required for the subject property. The new DA should include the proposed conceptual development plan and building elevations included in Exhibit A.2 and require fixture development to substantially comply with those plans. It should also require site amenities to be provided as proposed. See Exhibit A.5 for Staff's recommended DA provisions. 2. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 93 building lots and 7 common lots on 32.59 acres of land in the R-8 zoning district. The plat is proposed to develop in 5 phases as shown in Exhibit A.3. The average lot size is 10,505 square feet (s.£) with a minimum lot size of 6,955 s.f. in accord with UDC standards. Note: The configuration of the proposed plat is consistent with the previously approved platfor Cavanaugh Subdivision. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6 and the block length standards listed in UDC 11 -6C -3F. Staff has reviewed the proposed plat and found it in compliance with the dimensional standards of the district, but not in compliance with the maximum block length standard of 750 feet in residential districts or 1,000 feet where a pedestrian pathway is provided. Block 4, which includes a pedestrian pathway, runs along the south boundary of the site and measures approximately 1,450 feet in length. City Council inay approve a block face up to 1,200 feet in length where block design is constrained by site conditions that include an abutting urban project with no adjoining alley or street connections such as Reflection Ridge Subdivision that abuts the property to the south. The lots to the south abut this property for a continuous 1,260+/- feet from the east boundary to the west with only one pathway to break up the block face. Because this exceeds the maximum length allowed by approximately 250 feet, it does not comply with UDC standards and cannot be approved in its current configuration. Staff suggests the following revision to the plat: Reconfigure the streets in the southern portion of the development into two loops (S. Cannon Way/S. Daybreak Ave./E. Pisa Dr./S. Pisa Pl. and S. Standing Timber Way, S. Twilight Rise Way and E. Pisa Dr.). Common driveways may be used for access to lots (up to 6) off these streets as set forth in UDC 11 -6C -3D. Implementation of this Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 6 1010l is # 1 change (or a similar change) will result in a block face length below 1,200 feet which, if approved by City Council, will comply with block length standards. Access/streets: Access will be provided via existing local streets from S. Standing Timber Way, a collector street, via E. Victory Road. Connection to existing stub streets in Caven Ridge Estates Subdivision No. 1 is proposed as well as to an existing local street (E. Mona Lisa St.) at the east boundary. Direct lot access via Standing Timber Way and E. Rumpel Lane, both collector streets, is prohibited; a note as such should be included on the final plat. (Note: E. Rumpel Lane will likely be re- named as Harris Street, consistent with that on the west side of S. Meridian Road.) This property has 25 feet of frontage on S. Meridian Road that currently exists as Rumple Lane, a private street, along the south boundary of the site. The Master Street Map depicts a collector street in this location and a 3 -legged roundabout at the E. Rumple Ln./S. Windstone Ave. intersection. Access via the state highway (SH 69) is allowed by UDC 11 -3H -4B at the half mile mark between section line roads as proposed. ACRD is not requiring the roundabout. A traffic signal is also planned for the Rumple (Harris)/Meridian Road intersection. Rumple Lane will be required to be improved as a collector street in accord with ACHD's requirements but will not be able to be used for access to this development until more land is acquired from the property at the northeast corner of S. Meridian Road and Rumple Lane. Landscaping: Landscaping is required within the development as set forth in UDC 11-3B. A 20 -foot wide street buffer is required along S. Standing Timber Way and E. Rumpel Ln., both designated collector streets, landscaped in accord with the standards listed in UDC 11 -3B -7C. A street buffer is depicted on the landscape plan along Standing Timber Way and along the north side of Rumpel Lane west of Standing Timber Way in accord with UDC standards. Landscaping is required in common areas in accord with the standards listed in UDC 11 -3G -3E; along pathways in accord with the standards listed in UDC 11 -3B -12C; and within parkways in accord with the standards listed in UDC 11 -3A -17E. A minimum 5 -foot wide landscape strip is required on each side of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative groundcover (one tree every 100' of pathway). The proposed micro -pathways comply with this standard; the landscaping along the north side of the multi -use pathway along the canal does not comply with this standard. The landscape plan depicts 20' of landscaping on the south side of the pathway along the canal but no landscaping on the north side of the pathway; the plan should be revised to comply with UDC standards. The landscape plan also incorrectly depicts lot lines through this common area. Note: Vie curb, sidewalk and street buffer along the south side ofRumpel Lane will be required to be constructed when the property to the south (#S1130325752) redevelops in the future as dictated by the alignment of W Harris Street on the west side of S. Meridian Road, per ACHD. Mitigation: The UDC (11-313-1OC.5) requires mitigation for all existing healthy trees 4" caliper and larger that are removed from the site. The City Arborist, Elroy Huff, visited the site and determined there were no existing trees that require mitigation. Sidewalks: Sidewalks are required to be constructed with development in accord with UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is required along S. Standing Timber Way and Rumpel Ln., both collector streets; minimum 5 -foot wide sidewalks are required along internal local streets as proposed. Sidewalks are proposed in accord with this requirement. Pathways: Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8. The Pathways Master Plan designates a 10 -foot wide multi -use pathway along the south side of the Ridenbaugh Canal on this site; landscaping proposed along the pathway does not comply with UDC Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 7 EXHIBIT A standards (see Landscaping section above). Micro pathways are proposed internally. Pathways proposed on the site comply with the construction standards listed in the UDC. Common Open Space & Site Amenities: Common open space and site amenities are required to be provided in accord with the standards listed in UDC 11-3G-3. A minimum of 10% (or 3.26 acres) qualified open space and one site amenity is required. A total of 4.10 acres (or 12.6%) of qualified open space is proposed consisting of parkways, the street buffer along S. Standing Timber Way, and an open grassy area over 50' x 100' in area; detailed calculations should be submitted with the final plat application(s). Amenities are proposed to include a swimming pool, (2) 18' x 18' structures connected by a roof in the middle containing restrooms, and a pool equipment and outdoor furniture storage room (see Exhibit A.2); large open area; playground equipment; and internal and multi -use pathways that are proposed to be shared by all Caven Ridge Estates residents. Because 37 building lots were approved in Caven Ridge Estates Subdivision that adjoins this site without any amenities, staff recommends the amenities proposed with this development in Lot 1, Block 2 are constructed with Phase I of Caven Ridge Estates East as proposed by the applicant. Parkways: Parkways are required to comply with the standards listed in UDC11-3A-17E. Six-foot wide parkways are proposed along internal local streets. Root barriers are required with 6 -foot wide parkways and Class II trees are required to be planted. If parkways are widened to 8 feet, root barriers are not required and Class I or III trees may be considered. Fencing: All fencing should comply with the standards listed in UDC 11-3A-17. A 6 -foot tall vinyl fence is proposed around the perimeter of this development. The Ridenbaugh Canal is required to be fenced with a 6 -foot tall, 11 gauge, 2 -inch inesh or other construction, equivalent in ability to deter access to the waterway; the plans shall be revised accordingly. Waterways: The Ridenbaugh Canal is a large waterway that runs along the north boundary of this property and is proposed to remain open. The UDC (11-3A-3) requires waterways to be piped or otherwise covered unless improved as a water amenity or linear open space. Due to its large capacity, the applicant does not wish to pipe the facility; a waiver to UDC 11 -3A -6A is required to be approved by Council for the waterway to remain open. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Services will be extended from Caven Ridge Estates No. 1. Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation (Pl): An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The system will be operated and maintained by the Owner's Association. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stornnwater is proposed to be retained on- site in seepage beds designed by a civil engineer. Building Elevations: Conceptual building elevations were submitted for the future homes in this development as shown in Exhibit A.2. Building materials consist of a mix of stucco, vertical & horizontal wood siding with stone and brick accents. Certificate of Zoning Compliance (CZC): A CZC is required to be submitted to the Planning Division and approved for the swimming pool, structure and parking area in accord with UDC 11-5B-1. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 8 EXHIBIT A Design Review: A Design Review application is required to be submitted to the Planning Division concurrently with the CZC application for approval of the structure. The building elevations are required to comply with the standards listed in the Architectural Standards Manual. Staff recommends approval of the proposed MDA and PP applications as recommended by staff in Exhibits A.5 and B. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Phasing/Conceptual Development Plans and Building Elevations 3. Proposed Preliminary Plat (dated: 2/15/17 6/6/2017 4. Proposed Landscape Plan (dated: 2/9/17)_, revised stamp dated. 5130/1.0 5. Development Agreement Provisions for Caven Ridge Estates B. Agency & Department Continents/Conditions C. Legal Description & Exhibit Map of Property Subject to Development Agreement D. Required Findings from Unified Development Code Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 9 EXHIBIT A Exhibit A.l: Vicinity/Zoning Maps Cavett Ridge Estates East — MDA, PP H-2017-0020 PAGE 10 EXHIBIT A Exhibit A.2: Phasing/Conceptual Development Plans & Building Elevations H-ACISIrig Non Timeline: d 1. Phase 1 Center (DONE) 2. Phase i East 3, Phase 2 East' 4. Phase 3 East 5. Phase 4 Fast b. Phase 1 West 7. Phase 2 West 8. Phase 5 East m = 11 Caven Ridge Estates East —MDA, PP H-2017-0020 PAGE 11 Configuration of the plat has been revised — Phasing Plan only LSTA I ES 1 F.[t NK E1EEK �w TIP � °..ter, e i ku(u1 u R NOV W O I1 �` � VICTOp) 3�AP r iT I - �� EXHIBIT A Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 12 EXHIBIT A Concept Site Plan & Elevation of Structure in Pool Area Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 13 EXHIBIT A Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 14 EXHIBIT A Exhibit A.3: Proposed Preliminary Plat (dated: 2/15/17 2 1 SRUATEDINTHPWEST %RELI'din R; FLAT Pift CAVEN RIDGE ESTATES EAST SUBDIVISION HN_F OFSECTIOH 30, n TO NSHIPMATH, R\Y6£ i MST, BOISE SEPo WN, .Vs zy I z MERIDIAN IDAHO s sT as c 2017 $E9 f r T Z 5� P5s au # ny;-E. y a �. yI41 f' r 3 i Yl . _ i MltIiTYNPP 1 BOUh'i6RtlE i �/ 1 �,.� • I I I I� _. fir` .I ;rq ` t WF r jE _ r PP -02 T •E ' - t sw kl I t>f A- �;knEr r1 . r r . I Tr.. a x,o..., r� u tri PP—0.1 M t S o �- ff 11 SL]E Maos� y I z K � � I A U (Y l lTL L „ «, wv et ;_ +L PP -01 Caven Ridge Estates East —MDA, PP H-2017-0020 PAGE 15 EXHIBIT A 3� r ja z r \\ y �'�Yk �4 Y wp 5� ;Z Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 16 EXHIBIT A �( - .• ` A q via §11 kq 1 o --- 'V { + ;` a.=• I -J�¢ wr :-O;- e PP•04 Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 17 I DIVOtmoll IDA IMI, Exhibit A.4: Proposed Landscape Plan (dated: 2/9/17, revised stamp dated 5/30/17) mom MWE mm=��EMME m mm ®® ®-.m mm OMME MmMmmm =L 2 Caven Ridge Estates East— MDA, PP H-2017-0020 PAGE 18 pff-E.ICW:r.Ap; L f —.b OVERVE14 EXHIBIT A FLANT SGF[WLE P"""'"�+ ..•®.ds... µ }7 /6` mon .0 a �.11. OL n � Y a �f t .t I' I 1111 a) Iy PLAN • If l Caven Ridge Estates East— MDA, PP H-2017-0020 PAGE 19 EXHIBIT A Exhibit AS: Development Agreement Provisions for Caven Ridge Estates 1. Development of the subject property shall substantially comply with the conceptual development plan and building elevations included in Exhibit A.2 and the conditions of approval associated with the preliminary plat in Exhibit B. 2. The overall development shall include a minimum of 5.15 acres (or 10.9%) of qualified open space as set forth in UDC 11 -3G -3B. 3. The development shall include at a minimum, the following amenities: a children's play structure; swimming pool; structure containing restrooms, pool equipment room, and outdoor furniture storage room; a large open space area; internal pathways; and a multi -use pathway along S. Meridian Road and along the south side of the Ridenbaugh Canal in accord with UDC 11 -3G -3C. 4. The site amenities (i.e. swimming pool; structure with restrooms and pool & outdoor fiuniture storage; parking lot and children's play structure) in Lot 1, Block 2 shall be constructed with Phase I of Caven Ridge Estates East Subdivision, S. The Ridenbaugh Canal is Fequifed to be piped or- othepwise oever-ed unless improved as a water- ameni or r a open spaee n4ess waived oa by City C, uneit as set foi4h in UDG 11 3A 6A7 Council approved a waiver to UDC 11 -3A -6A to allow the Ridenbaugh Canal to remain open and not be piped due to the large ca acity of the facility_. Caven Ridge Estates East —MDA, PP H-2017-0020 PAGE 20 EXHIBIT A B. Agency & Department Comments/Conditions 1. PLANNING DIVISION 1.1 Development Agreement 1.1.1 The existing development agreement, recorded as Instrument #106151214, and amended Instrument No. 108065958, shall be amended to exclude the subject property. A fee of $303.00 shall be paid to the Planning Division after approval of the Findings by City Council. 1.1.2 The new Development Agreement (DA) shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the modification/new agreement. The DA shall, at minimum, incorporate the provisions in Exhibit A.5 and the conceptual development plan and building elevations in Exhibit A.2. This has been submitted and is included in Exhibit C. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat included in Exhibit A.3, dated 2/15/17 6/6.17 shall be revised as follows at least days prior to the City ! 4 ;1 ho a. R-econfigur-e Blook 4 (and the assoeiated area) to comply with the blook length standards eontaine pedestrian pathway as setArth in UDG 11 6G 3K 3a-. b. Note #3: "All lots a residential :ailding lots exeept Tot 1 of Bioek 2Lots 2 .,n 8(?) of B1ook Z Lots 21 and 18 of Block >Lot 1 of Bloek> storage lots. Lot! of Bloek !is for the Ridenbaugh Canal easement." The pkqt appeaiw to be ' ' a eeninion letfor a ped,-:9P4an pathway between, Lots 7 & 8 and 19 & 20, Bloek 3 that i�q depiete the1,...,.7..,,.pe .,7,.,., c. Include a note on the final plat stating direct lot access to S. Standing Timber Way and E. Rumpel Lane/Harris St. is prohibited. a A„hlie street fro t., shall be provided via ., local street ileetor st-eet is or-ohibited. e. Depict a minimum 15 -foot wide common lot for a pathway between Lots 51 & 52, Block 4. 1.2.2 The landscape plan included in Exhibit A.4, dated 2/9/17 (revised 5/30/17), shall be revised as follows: a. Include a detailed calculations table that demonstrates compliance with qualified open space and landscaping requirements. b. Depiet the Feeonfigur-ation of the plat as fequir-ed above in oondition fl. 1. Ia. .,long the >7;dffibaugh r.,,,.;1 d. Landscaping is required .,long the „..,.th side of the adjacent to the pathway along the Ridenbaugh Canal in accord with the standards listed in UDC 11-313-12C. Trees and landscaping required along the pathway should be provided within the common lot, not adjacent to the building lots, unless otherwise approved through Alternative Compliance. e. Fencing is required along the south side of the Ridenbaugh Canal between the canal and the pathway as set forth in UDC 11-3A-613.3 to deter access to the ditch for public safety purposes. Caven Ridge Estates East— MDA, PP H-2017-0020 PAGE 21 EXHIBIT A home is locatedi direet access i4a Standine Timber Way, a eolleetor-Afeet-,4"rohibited. g. Depict a minimum 15 -foot wide common lot containing a 5 -foot wide pathwav with 5 feet of landscaping on either side between Lots 51 & 52. Block 4, as set forth in UDC 11-313-12C. 1.2.3 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.2.4 A Certificate of Zoning Compliance and Design Review application shall be submitted for approval of the swimming pool, structure and parking area prior to submittal of a building permit application for such items. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11- 2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-313-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for non- residential uses. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -7C, 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B -11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11 -3G -3B5 and 11- 3B -7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-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. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 22 EXHIBIT A 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The subject development falls within two separate water pressure zones, and therefore will need to provide connections to each of those zones. The utility plans submitted with the application do not show a water main in S. Cannon Way. The S. Cannon Way water main must connect to existing water main to the east. Lots on E. Pisa Drive west of S. Twilight Rise Way cannot be served by pressure zone 4. Pressure Zone 5 water must be brought from offsite (existing main lines to east at the Reflection Ridge Subdivision, and west to Meridian Road) in order to serve these lots. Valves must be installed to enable pressure zone boundary (inline valve on S Standing Timber Way near the subdivision boundary, and valve on west side of E. Pisa Drive and S. Twilight Rise Way. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiaticity.org/ptiblic—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- Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 23 EXHIBIT A 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 easements) 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 culinaty water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from set -vice 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, 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. Caven Ridge Estates East— MDA, PP H-2017-0020 PAGE 24 EXHIBIT A 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 peals 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 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/publie—works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work, and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125 % of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature, This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Set vice 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 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. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 25 EXHIBIT A 4.1 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.2 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs — "No Parking" signs are required to be erected along the driveway leading to the swimming pool/common area on Lot 1, Block 2. 4.3 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. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 Developer shall construct a 10' multi -use pathway along the south side of the Ridenbaugh Canal per the Meridian Pathways Master Plan. A pedestrian easement shall be required with final plat. 7. ADA COUNTY HIGHWAY DISTRICT (A hearing was scheduled before the ACHD commission for this application on May 24"' and was continued to June 21" — a final report should be issued after that date) 7,1 Site Specific Conditions of Approval (DRAFT) 7.1.1 Construct Standing Timber Way internal to the site as a 46 -foot street section with vertical curb, gutter and 5 -foot wide detached sidewalk. Dedicate a minimum of 50 -feet of right of way for Standing Timber Way. 7.1.2 Provide a pennanent right-of-way easement for all public sidewalks placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 -feet behind the back edge of the sidewalk. 7.1.3 Construct Rumpel Lane east of Standing Timber Way, abutting the site, as a 36 -foot street section, with vertical curb, and gutter. Construct 5 -foot wide (minimum) detached concrete sidewalk on the north side of Rumpel Lane. Dedicate a minimum of 40 -feet of right-of-way for this segment of Rumpel Lane, extending to the southern property line. 7.1.4 Dedicate the offsite portion of Rumpel Lane west of Standing Timber Way to Meridian Road (SH -69) to ACHD as right-of-way for the future construction of the full public street. 7.1.5 Provide a road trust of $16,750 for the Rumpel Lane / Harris Street and Meridian Road (SH -69) traffic signal. 7.1.6 Provide a road t-ust of $38,700 for the off-site portion of Rumpel Lane to Meridian Road (SH -69). 7.1.7 Construct internal local streets as 33 -foot street sections with rolled curb, gutter and 5 -foot wide detached sidewallc. Dedicate a minimum of 37 -feet of right-of-way for all internal local streets. 7.1.8 Construct Pisa Drive to intersect Standing Timber Way located 220 -feet north of Rurnpel Lane, 7.1.9 Extend the existing stub streets as follows into the site: Standing Timber Way Palermo Drive Cannon Way Sicily Drive Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 26 EXHIBIT A Mona Lisa Street 7.1.10 Extend the right of way for Standing Timber Way to the western property line a minimum of 50 -feet wide in alignment with Pisa Drive, to allow for the future extension to the undeveloped site to the west. 7.1.11 Redesign the intersection of Pisa Drive and Twilight Rise Way to provide a minimum tangent length of 150 -feet OR Redesign the intersection to a T-type intersection (intersecting at a 90' angle) and provide center landscape medians or chicanes on Pisa Drive. 7.1.12 Standing Timber Way and Rumpel Lane are classified as collector roadways. Direct lot access is prohibited to these roadways and should be noted on the final plat. 7.1.13 Payment of impacts fees are due prior to issuance of a building permit. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval (DRAFT) 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 ACRD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two frill business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD 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 ACRD 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 Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 27 EXHIBIT A 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. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 28 EXHIBIT A C. Legal Description & Exhibit Map of Property Subject to Development Agreement U�B J•LLB ENGINEERS, INC. J-0 3 UNYI€'ANIFS Caven Ridge Estates West Preliminary Plat Boundary Description Project Number 10-16-141 May 19, 2017 f � M 'DAPPING LANGGGN NAPPING GRGUP IHC. A parcel of land situated in the northwest quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S00°25'44"W, 410.86 feet along the west line of the northwest quarter of Section 30; Thence 589°34'16"E, 70.00 feet to the intersection of the east right-of-way line of South Meridian Road (Hwy 69) and the center line of the Ridenbaugh Canal, and the southwest corner of Red Wing Subdivision (Book 105 of Plats at Pages 14405 through 14409, records of Ada County, Idaho), the POINT OF BEGINNING; Thence 544°08'28"E, 314.59 feet along the center line of the Ridenbaugh Canal and the boundary of Red Wing Subdivision; Thence $57°31'52"E, 69.47 feet along the center line of the Ridenbaugh Canal and the boundary of Red Wing Subdivision; Thence S70°55'16"E, 1146.43 feet along the center line of the Ridenbaugh Canal, the boundary of Red Wing Subdivision, and the boundary of Silverwater Subdivision No. 2 (Book 110 of Plats at Pages 15649 through 15652, records of Ada County, Idaho) to the northwest corner of Caven Ridge Estates Subdivision No. 1(Book 111 of Plats at Pages 15947 through 15951, records of Ada County, Idaho); Thence 519°04'44"W, 49.91 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence N70°59'40"W, 20.06 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence S19°01148"W, 94.00 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence S21°30'41"W, 56.05 feet along the boundary of Caven Ridge 1'A^ Estates Subdivision; "15 rF'DCD ��` Thence 127.68 feet on a non -tangent curve to the right, concave 1334 northwesterly, having a radius of 242.50 feet, a central angle of `%,��f�f Page i of 3 L %��L S u 250 5, Beechwood Avenue, Suite 201, Boise, ID 83709 p208-376-7330 J'208 -M-9336 iv www.jub.com Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 29 (' U -B ), J•u•g ENGINEERS, INC. Preliminary Plat continued... EXHIBIT A J -U -G COMPANIES I-ANRouPHIPPING 30°10'05", a chord bearing of S42052'25"W, and a chord length of 126,21 feet, along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar, Thence S57°51'54"W, 140.06 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar,- Thence ebar;Thence 272.04 feet on a non -tangent curve to the left, concave Southeast, having a radius of 457.50 feet, a central angle of 34"04'09", a chord bearing of 540"44'56"W, and a chord length of 268.05 feet, along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence S24a34'17"W, 20.66 feet along the boundary of Caven Ridge Estates Subdivision to the boundary of Parcel "TICS" (Special Warranty Deed Instrument No. 1.13100373 and Warranty Deed Instrument No. 2016-120082, records of Ada County, Idaho); Thence S21°10'33"W, 54.18 feet along the boundary of Parcel "TIC 5"; Thence N23°24'15"W, 1.61 feet along the boundary of Parcel "TIC 5"; Thence N66"15'13"W, 89.20 feet along the boundary of Parcel "TIC 5"; Thence S72°28'28"W, 27.67 feet along the boundary of Parcel "TIC 5"; Thence N61`17'30"W, 50.00 feet along the boundary of Parcel "TIC 5"; Thence N15"03'28"W, 27.67 feet along the boundary of Parcel "TIC 5''; Thence N26°38'52"E, 50.16 feet along the boundary of Parcel "TIC 5"; Thence N75°03'31"E, 28.94 feet along the boundary of Parcel "TIC 5"; Thence N28°42'30"E, 43.06 feet along the boundary of Parcel "TIC 5'; Thence 124.44 feet on a curve to the right, having a radius of 425.00 feet, a central angle of 16°46'33", a chord bearing of N37°05'47"E, and a chord length of 123.99 feet, along the boundary of Parcel "TIC 5"; Thence N43°48'48"W, 110.00 feet along the boundary of Parcel "TIC 5"; Thence N45°37'37"E, 60.54 feet along the boundary of Parcel "TIC 5"; Thence N37°37'55"E, 47.89 feet along the boundary of Parcel "TIC 5"; Page 2 of 3 a 250 S. Beechwood Avenue Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 ,t, www.jUb.COM Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 30 J lJ-B I J•U•8 ENGINEERS, INC. Preliminary Plat continued... EXHIBIT A 1-U-BCONIPliNIES I GRUUPBN NSP GATEWAY Thence N72°47'40"W, 81.99 feet along the boundary of Parcel "TIC 5"; Thence N78°17'17"W, 69.15 feet along the boundary of Parcel "TIC 5"; Thence N71"16'52"W, 92.48 feet along the boundary of Parcel "TIC 5"; Thence N63'55'29"W, 250.21 feet along the boundary of Parcel "TIC 5"; Thence 518'09'01"W, 80.37 feet along the boundary of Parcel'?IC 5"; Thence S06"40'03"E;, 27.19 feet along the boundary of Parcel "TIC 5"; Thence 586'45'46"W, 130.96 feet along the boundary of Parcel "TIC 5"; Thence N76021'04"W, 50.81 feet along the boundary of Parcel "TIC 5"; Thence N86°01'49"W, 189.46 feet along the boundary of Parcel "TIC 5" to the east right-of-way line of South Meridian Road (Hwy 69); Thence NO2056'31"W, 98.59 feet along the east right-of-way line of South Meridian Road (Hwy 69); Thence No0'25'44"E, 639.67 feet along the east right-of-way line of South Meridian Road (Hwy 69) to the POINT OF 0EGINNING. The above-described parcel contains 14.49 acres, more or less. 1 334 Jr,,,/` Page 3 of 3 J + a 250 S. Beechwood Avenue, Suite 281 Boise, ID 83709 p 208376-7334 f 208-323-9336 w www:Jub.corn Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 31 EXHIBIT A ter 2 ICaven Ride Estates West - NW4 S30 T3N Ri E 15/1912017 I Scale: 1 inch= 200 feet File: Acres, Closure: n21.21'10e 0.01 (t, (1/551367), Perimeter -4737 I 01 s44.0828e 314.59 21 Rt, r=425.00, delta=016.4633, chord=07.0547e 123.99 02 s57.3152e 69.47 22 n43,4848w 110 03 s70.5516e 1146-43 23 n45.3737e 60.54 04 s19,0444w 49.91 24 n37.3755e 47.89 05 00.5940w 20.06 2$ n72.474ow 81,99 06 s19.0148w 94 07 26 n78,1717w 69,15` 27 92.48 ,* s21.3041w 56.05 08 Rt, r=242,50, delta=030,1005, chord -&42.5225w 126.21 n71.1652w 28 n63,5529w 250.21 09 957,5154w 140.06 29 sl 8.0901w 80,37 10 6l, r=457,50, della=034.0409, chord=s40.4456w 258.05 30 06,4003o 27.19 11 s24.3417w 20.66 31 s86,4546w 130,96 -r 4 12 s21.1033w 54.18 32 n76.2104w 50.81 to - j 13 13 n23,2415w 1.61 33 n86.0149w 189.46 1 14 n66.151 3w 89.2 34 n02.5631w 98.59 �'� ��! 15 872.2828w 27.67 n6l. 1 730w 50 35 n00.2544e 639,07 j 4F nt5.0328w 277.67 17 H�EL 18 n28,3852e 50.16 19 n75.0331 o 28,94 20 n28.4230o 43.06 Caven Ridge Estates East- MDA, PP H-2017-0020 PAGE 32 EXHIBIT A JU•B J U BCOMPAN IFS J•U,B ENGINEERS, INC. Caven Ridge East Preliminary Plat Boundary Description Project Number 10-16-141 February 14, 2017 THE QATCITAY IANGDo" ; MAPPING GR0 P INC, A parcel of land situated in the west half of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows, Beginning at the center quarter -section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S89°44'39"W, 1323.00 feet along the south line of the northwest quarter of Section 30 and the north line of Reflection Ridge Subdivisions No. 3 & 5 (Book 108 of Plats at Pages 15152 through 15156 and Book 110 of Plats at Pages 15760 through 15764, records of Ada County, Idaho) to the center -west sixteenth -section corner of Section 30; Thence S00°00'07"W, 25.00 feet along the east line of the northwest quarter of the southwest quarter and the boundary of Reflection Ridge Subdivision No, 5; Thence 589°43'33"W, 1074.00 feet parallel with and 25.00 feet from the south line of the northwest quarter to the east right -of --way line of South Meridian Road (Hwy 69); Thence N00°32'42"E, 25.00 feet along the east right-of-way line of South Meridian Road (Hwy 69) to the southwest corner of Parcel "TIC 5" (Special Warranty Deed Instrument No. 113100373 and Warranty Deed Instrument No, 2016-120082, records of Ada County, Idaho); Thence N89°39'47"E, 639.51 feet along the boundary of Parcel 'TIC 5'; Thence N00°02'38"W,188,40 feet along the boundary of Parcel "TICS'; Thence N00°60'33"W, 204.82 feet along the boundary of Parcel 'TIC 5"; Thence 201.87 feet on a curve to the right, having a radius of 357.50 feet, a central angle of 32°21'09", a chord bearing of N16°10'02"E, and a chord length of 199.19 feet, along the boundary of Parcel "TIC 5"; Thence N32°05'14"E, 50.42 feet along the boundary of Parcel "TIC 5'; Thence N76°38'15"E, 1.28 feet along the boundary of Parcel "TIC 5" to /� \ S iU ` the boundary of Caven Ridge Estates Subdivision No. 1(Book 111 of Plats at Pages 15947 through 15951, records of Ada County, Idaho); Page 1 of 4 ��� S 2� a 250 S. Beechwood Avenue Suite 201 Boise In 83709 p 208-376-7330 j 208-323-9336 If, www.iub.com Caven Ridge Estates East— MDA, PP H-2017-0020 PAGE 33 EXHIBIT A JU-r/ W-0 CONAVANIES d i,ANUIDoN MAPPING CR0 INC. J•U•e ENGINEERS, INC. Preliminary Plat continued... Thence N58°04'22"E, 110.63 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N64°37'21"E, 286.47 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N22'38'40"W, 63.39 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N05°22'31"W, 53.87 feet along the boundary of Caven Ridge Estates Subdivision No.1 to a 5/8 inch rebar; Thence N19°32'14"E, 129.25 feet along the boundary of Caven Ridge Estates Subdivision No.1 to a 5/8 inch rebar; Thence 56.73 feet on a non -tangent curve to the left, concave northerly, having a radius of 628.00 feet, a central angle of 05°10'33", a chord bearing of 569°47'47"E, and a chord length of 56.71 feet, along the boundary of Caven Ridge Estates Subdivision No.1 to a 5/8 inch rebar; Thence N17°25'30"E, 56.00 feet along the boundary of Caven Ridge Estates Subdivision No.1 to a 5/8 inch rebar; Thence 13.87 feet on a non -tangent curve to the right, concave northerly, having a radius of 572.00 feet, a central angle of 01°23'20", a chord bearing of N71"40'17"W, and a chord length of 13.86 feet, along the boundary of Caven Ridge Estates Subdivision No.1 to a 5/8 inch rebar; Thence N18"56'07"E, 195.05 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to the center line of the Ridenbaugh Canal and the boundary of Silverwater Subdivision No. 2 (Book 110 of Plats at Pages 15649 through 15652, records of Ada County, Idaho); Thence 559°42'58"E, 143.69 feet along the center line of the Ridenbaugh Canal and boundary of Silverwater Subdivision No. 2; Thence S65°00'16"E, 398.40 feet along the center line of the Ridenbaugh Canal and boundary of Silverwater Subdivision No. 2; Thence 21,63 feet on a curve to the right, having a radius of 250.00 feet, t]1 LANp a central angle of 04°57'30", a chord bearing ofS62°31'31"E, and a 'rt'pe� chord length of 21.63 feet, along the center line of the Ridenbaugh of Page 3 of 4 - S `d ca 250 S. Beechwood Avenue Suite 201, Boise ID 83709 p 208-376-7330 [ 208-323-9336 w www.lub.com Caven Ridge Estates East— MDA, PP H-2017-0020 PAGE 34 J'U' J -U-13 ENGINEERS, INC. Preliminary Plat continued... EXHIBIT A THE GATEWAY tJ BCOMPANIES I GRGUPGH MAIxcPPING Canal and boundary of Silverwater Subdivision No. 2 to the east line of the northwest quarter of Section 30; Thence S00°07'13"E, 1115.15 feet along the east line of the northwest quarter and the boundary of Reflection Ridge Subdivision No. 3 to the POINT OF BEGINNING. The above-described parcel contains 32.59 acres, more or less. � `t i41 S l Page 4 of 4 r7�� a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83705 p 208-376-7330 j 208-323-9335 u, www.jub.com Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 35 EXHIBIT A Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 36 PRELIMINARY PLAT FOR CAVEN RIDGE ESTATES EAST SUBDIVISION SITUATED IN THE WEST HALF OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, E,--4 MERIDIAN, IDAHO Ll Lz so Yorw :!�.co wawlo'r' 2017 Z5 19 10 NFO'Oal-1 4 09 " '4"� ' 1 �214 otory R& " t*rf,-,'WE I MAO' rll/57� LI tilfrNlYL 1X6 L� moV20Y 51.W' LES 512,51,15E mT2' - u r-9,17, TI IN N7Q b7 52T 2),6e /'l j- "i I U '.X" ;l L10 M VMW40'P L12 tgY31 J1 N %.97' L13 I tit:.�GE !�W� MT43'331 9-1 25Ad F- RLWfL Ll_ 589'43'33-W 1074.00' U q't.- 'b wo.. Pods Ll 5ay S"Ims c It, jk 10" ki, PP -02 It 10 to It 4 Is A tj PP -04 Qr P to a. 'W03 03 E 114.85- Is Is .q o /— N89'57'0% to1'36, Is P-03 Ab to y2jIt li IT C1,14 — goicLN S89 -43-33-W 1074.00- Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 36 EXHIBIT A D. Required Findings from Unified Development Code 1. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to transportation and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit of the Staff Report for more information fi om public service providers) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based on comments provided by public service providers (i.e., Police, Fire, ACRD, etc.) (see Exhibit B for more detail). e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Caven Ridge Estates East— MDA, PP H-2017-0020 PAGE 37 Meridian City Council Meeting DATE: July 18, 2017 ITEM TITLE: Geddes Subdivision ITEM NUMBER: 6R PROJECT NUMBER: H-2017-0041 Development Agreement for Geddes Subdivision (H-2017-0041) with Robert Campbell (owner) and Schultz Development, LLC Located off the Southeast Corner of N. Black Cat Road and W. Ustick Road and W. Ustick Road in the NW 1/4 of Section 3, Township 3N., Range 1 W. (Parcel#S1203223480). 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 2017-066045 BOISE IDAHO Pgs=39 VICTORIA BAILEY 07/19/2017 04:14 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Robert Campbell, Owner 3. Schultz Development LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of sUM , 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Robert Campbell, whose address is 3313 W. Cherry Lane, Ste. 144, Meridian, Idaho 83642, hereinafter called OWNER and Schultz Development LLC, whose address is PO Box 1115, Meridian, Idaho 83680, hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for the annexation of approximately 2.08 acres of land fiom the RUT zoning district in Ada County to the R-8 (Medium Density Residential) zoning districts (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT— GEDDES SUBDIVISION (H-2017-0041 PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 51h day of July, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT-GEDDES SUBDIVISION (H-2017-0041) PAGE 2 OF 8 3.2 OWNER: means and refers to Robert Campbell, whose address is 3313 W. Cherry Lane, Ste. 144, Meridian, Idaho 83646, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Schultz Development LLC, whose address is PO Box 1115, Meridian, Idaho 83680, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium Density Residential (R-8) zoning district and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Development shall substantially comply with the preliminary plat, landscape plan and building elevations included in the Staff Report attached to Exhibit B, Findings of Fact Conclusions of Law. b. Council allowed the Eightmile Lateral to remain open and not be piped due to the large capacity of the facility as allowed in UDC 11-3A-6B.3b. c. The developer shall provide one (1) qualifying site amenity per UDC 11 -3G -3C within the common area on Lot 4, Block 1. d. The developer shall provide a gas line within a public utility easement to the north property boundary for use and extension to the property to the north (parcel #S1203223400). All homes within this development are restricted to a single -story in height and minimum of 1,500 square feet as committed to by the applicant at the public hearing. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT - GEDDES SUBDIVISION (H-2017-0041) PAGE 3 OF 8 DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and DEVELOPMENT AGREEMENT - GEDDES SUBDIVISION (H-2017-0041) PAGE 4 OF 8 written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER: Robert Campbell 3313 W. Cherry Lane, Ste.144 Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 17�1�I�IC�]»lil Schultz Development LLC PO Box 1115 Meridian, ID 83680 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT -GEDDES SUBDIVISION (H-2017-0041 PAGE 5 OF 8 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the DEVELOPMENT AGREEMENT -GEDDES SUBDIVISION (H-2017-0041) PAGE 6 OF 8 notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: i Robert DEVELOPER: Schultz Development LLC By: Matthew Schutt its: Manager CITY OF MERIDIAN By: Mayor Tam de V W ATTEST: 4C. y Cole ity Clerk DEVELOPMENT AGREEMENT - GEDDES SUBDIVISION (H-2017-0041) PAGE 7 OF 8 STATE OF IDAHO . ss: County of Ada, ) On this -fl— day of, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Campbell nown or identified tome to be the person who signed below, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL MELISSA M. McCORMICK 6'Cccrl ('U-�- NOTARY PUBLIC Not ry Public for Idat�q STATE OF IDAHO Residing at: ff)e(-tcl,t.GU'X My Commission Expires: (II 2 2 3 STATE OF IDAHO ) ss: County of Ada, ) On this J0 day of &-v i , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Matthew Sehult or identified tome to be the Manager of Schultz Development LLC, and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL DA N YA M C K I N S EY Nota Publi or Idaho Notary Public State of Idaho. Residing at: k�ko My Commission Expires: I > C 3 STATE OF IDAHO : ss County of Ada ) On thisL_?, day of `J (,tdLti , 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or ied to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above: ret: eni . . ■ •••• (SEAL) Notary Public of ahQ Q • �� I~ Residing at: 0- • y, ■ Commission expires: 9 a, DEVELOPMENT AGREEMENT -GEDDES SUBDIVISION (H-2017-0041) PAGE 8 OF 8 EXHIBIT A Geddes Subdivision – H-2017-0041 EXHIBIT A Geddes Subdivision – H-2017-0041 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0041 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 2.08 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Ten (10) Building Lots and Four (4) Common Lots on 2.08 Acres of Land in the R-8 Zoning District, by Schultz Development. Case No(s). H-2017-0041 For the City Council Hearing Date of: June 20, 2017 (Findings on July 5, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 20, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 20, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 20, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 20, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0041 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 20, 2017, 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 approved with the requirement of a development agreement; and the request for preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 20, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0041 - 3 - A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 20, 2017 By action of the City Council at its regular meeting held on the _7 day of UG 2017. 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 T Weerd VOTED VOTED VOTED ICA VOTED 4 - VOTED *4 VOTED `/kj VOTED — Attest: 0 oW chy r Com'`E1 ANI ICIANO C.Ja Coles SEAL City Cleric s TER of the TREP J Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:Gj/ L i Dated: 7/ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0041 - 4 - EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 1 STAFF REPORT Hearing Date: June 20, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Geddes Subdivision – AZ, PP (H-2017-0041) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schultz Development, has submitted an application for annexation and zoning (AZ) of 2.08 acres of land with an R-8 zoning district; and a preliminary plat (PP) consisting of 10 building lots and 4 common lots on 2.08 acres of land for Geddes Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on May 18, 2017. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz ii. In opposition: None iii. Commenting: Mike Sorensen iv. Written testimony: Matt Schultz, Applicant’s Representative v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Caleb Hood b. Key issue(s) of Public Testimony: i. Mr. Sorensen would like a stub street provided to his property at the north boundary of the site as he’s concerned a future roundabout at the Black Cat/Ustick Roads intersection may affect future access to his property. He is also concerned about his irrigation rights being interrupted by the proposed development. He would also like a utility easement for a gas line to be extended to his property from N. Geddes Place. In response to the irrigation concern, the applicant stated the existing irrigation ditch that provides water to Mr. Sorensen’s property will be piped and water delivery won’t be interrupted. He was amenable to extending a gas line within a public utility easement along a side lot line to the north boundary of the development. ii. The applicant stated that homes within the development will be restricted to a single- story in height and a minimum of 1,500 square feet and was amenable to such a provision being included in the development agreement. c. Key Issues of Discussion by Commission: i. The request for a “step-up” in density from LDR to MDR – the Commission was in favor of the proposed layout and density; ii. Mr. Sorensen’s concerns regarding irrigation delivery, access and an easement for a gas line were discussed – they were in favor of an easement being provided to the north EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 2 boundary of the development for a gas line as requested; continuance of water delivery is required, a condition is not needed. d. Commission Change(s) to Staff Recommendation: i. Add a requirement for a gas line to be extended within a public utility easement to the north property boundary for use by the property owner to the north (see condition 1.1.1d). ii. Add a provision in the DA that homes within the development are restricted to a single- story in height and a minimum of 1,500 square feet (see condition #1.1.1e). e. Outstanding Issue(s) for City Council: i. The applicant requests approval of a “step up” in density from LDR (3 or fewer units/acre) to MDR (3-8 units/acre) to accommodate the proposed development at 4.8 dwelling units per/acre. The Meridian City Council heard these items on June 20, 2017. At the public hearing, the Council approved the subject AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz, Applicant ii. In opposition: Van Bishop iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Change of plans from a 55 and older development as discussed at the neighborhood meeting to no restrictions on age although 55+ is anticipated due to the type of housing and will be marketed as such; ii. Concern that the proposed density is too high; and iii. Concern for the safety of kids walking to Ponderosa Elementary School with more traffic in the area. c. Key Issues of Discussion by Council: i. Fencing type along the lateral (applicant stated 6’ wrought iron would be constructed); and, ii. Concern regarding future access for development of the property to the north with a roundabout being planned for the Black Cat/Ustick intersection if a stub isn’t provided to the north with this development. di. Key Council Changes to Commission Recommendation i. Council approved the request for a “step up” in density as proposed; and, ii. Council approved the request for the Eight Mile lateral to remain open and not be piped due to the large capacity of the facility. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0041, as presented in the staff report for the hearing date of June 20, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0041, as presented during the hearing on June 20, 2017, for the following reasons: (You should state specific reasons for denial) EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 3 Continuance I move to continue File Number H-2017-0041 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 off the southeast corner of N. Black Cat Road and W. Ustick Road in the NW of Section 3, Township 3N., Range 1W. (Parcel #S1203223480). B. Owner: Robert Campbell 3313 W. Cherry Lane, Ste. 144 Meridian, ID 83642 C. Applicant: Schultz Development P.O. Box 1115 Meridian, ID 83680 D. Representative: Matt Schultz, Schultz Development P.O. Box 1115 Meridian, ID 83680 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 28, 2017 (Commission); June 2, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: April 20, 2017 (Commission); May 25, 2017 (City Council) D. Applicant posted notice on site(s) on: May 5, 2017 (Commission); June 9, 2017 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of vacant/undeveloped land agricultural property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural and urban single-family residential properties in Klamath Basin Subdivision, zoned RUT in Ada County and R-4 2. East: Single-family residential properties in Staten Park Subdivision, zoned R-4 3. South: Single-family residential properties in Ashford Greens and Lake at Cherry Lane Subdivision No. 9, zoned R-4 4. West: Rural residential property, zoned RUT in Ada County EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 4 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist in N. Geddes Place. 2. Location of water: A water mains intended to provide service to the proposed development currently exist adjacent to the proposed development in N. Geddes Place. 3. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: The Eightmile lateral runs along the northeast boundary of this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Low Density Residential (LDR). LDR designated areas allow for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. Density bonuses may be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. The applicant proposes to develop this 2.08 acre site with 10 single-family residential homes. The structures will all be detached with a gross density of 4.81 dwelling units per acre d.u./acre) and a net density of 8.85 d.u./acre, which is above the density allowed in the LDR FLUM designation of 3 units or fewer per acre. Therefore, the applicant requests City Council consideration of a “step up” in density to Medium Density Residential (MDR) without requiring a Comprehensive Plan as allowed in the Comprehensive Plan (pg. 21). 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 detached dwellings will contribute to the variety of housing types available within the City. Staff is unaware of how “affordable” the units will be. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots with development of the site in accord with UDC 11-3A-21. Require common area in all subdivisions.” (3.07.02F) Although not required by the UDC (11-3G-3) because the property is below 5 acres in size, common area is proposed which contains the Eightmile Lateral and landscaping adjacent to the cul-de-sac abutting the lateral. EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 5 Encourage infill development.” (3.04.02B) The subject property, along with 4 other adjacent properties to the northwest, is surrounded by land that has already been annexed and developed in the City. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of N. Geddes Avenue, which is stubbed at the southwest corner of the site and a stub (W. Shirdale St.) to the property to the west for future extension. 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 Eightmile Lateral open due to the large capacity of the facility. A wrought iron fence is proposed along the southwest side of the facility to restrict access and protect public safety. The waterway should be protected during construction. For the above stated reasons, staff finds the proposed project is generally consistent with the goals and objectives in the Comprehensive Plan if a “step up” in density is approved by City Council. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Because this property is below 5 acres in size and is not adjacent to any collector or arterial streets or pathways, landscaping is not required in this development. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 6 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 2.08 acres of land with an R-8 zoning district contingent upon City Council’s approval of the request for a “step up” in density from LDR to MDR as discussed above. If a step up in density is approved, staff believes the proposed zoning designation is generally consistent with the policies in the Comprehensive Plan. (Note: Staff has verified that the subject property is an “original parcel of record” as defined by UDC 11-1A-1.) The applicant proposes to develop 10 new single-family residential 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 The proposed plat consists of 10 building lots and 4 common lots on 2.08 acres of land in a proposed R-8 zoning district (see Exhibit A.2). The gross density for the subdivision is 4.8 dwelling units per acre (d.u./acre) with a net density of 8.9 d.u./acre. The minimum property size is 4,034 square feet (s.f.) with an average lot size of 4,960 s.f. 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. Staff has reviewed the proposed plat and found it to be in compliance with those standards. Access: Access is proposed for this site via the extension of a local street, N. Geddes Avenue, currently stubbed to the southwest corner of the site. Stub Streets: A stub street, W. Shirdale St., is proposed to the west for future extension and interconnectivity. Because access will be limited for the 3 adjacent parcels to the north and west because of the roundabout planned at the Blackcat/Ustick intersection and the location of the Eightmile Lateral along the east boundary, staff is concerned that development of these parcels may result in a cul-de-sac (or dead end) in excess of the maximum allowed of 450’ and/or more than 30 homes without a secondary access as required by the Fire Department. Staff recommended the applicant submit a concept drawing prior to the Commission hearing to demonstrate how these parcels could redevelop to address these concerns. Common Driveways: All common driveways are required to comply with the standards listed in UDC 11-6C-3D. The applicant is proposing a common driveway (on Lot 7, Block 1) for access to three of the lots (Lots 6, 8 and 9, Block 1) at the east end of this subdivision. The plat depicts the setbacks, building envelope and orientation of the lots and future structures accessed by the common driveway; all comply with the standards for common driveways. 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 EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 7 the driveway. Lot 10, Block 1 abuts the driveway but is not proposed to take access from the driveway; the landscape plan/preliminary plat should be revised to incorporate one of the aforementioned features to restrict access to the common 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. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Landscaped common area is proposed adjacent to the cul-de-sac. Because this property is below 5 acres in size and is not adjacent to any collector or arterial streets or pathways, any landscaping provided is not required to comply with UDC standards. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement. 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. Open Space/Site Amenities: Because the site is below 5 acres in size, the UDC standards for open space and site amenities do not apply to the proposed development. Some landscaped common area is proposed adjacent to the cul-de-sac at the east end of the site. Because the applicant requests a “step up” in density, staff recommends a qualifying amenity (per UDC 11-3G-3C) is provided in the common area as a provision of the development agreement. Pathways: The Pathways Master Plan does not depict a regional pathway on this site. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The plat depicts 5-foot wide attached sidewalks throughout the development in accord with this requirement. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. The subdivision is proposed to be serviced by existing 8” sewer and water mains constructed at the southwest property line in the N. Geddes Place stub street. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Pressurized irrigation is proposed to be provided by NMID via an existing pump station for the Lakes at Cherry Lane Subdivision and a stub exists at the southeast corner of the site. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Underground seepage beds are proposed for storm drainage and are required to comply with ACHD design criteria and standards. EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 8 Waterways: 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. There is an existing private irrigation ditch along the east boundary of the site that provides service to the properties to the north that is proposed to be piped with a 12” pipe. The Eightmile Lateral also exists along the east boundary of the site. The applicant requests a waiver from Council to allow the lateral to remain open due to its large capacity as set forth in UDC 11-3A-6A.3b; the applicant estimates it would take at least a 48” diameter pipe to tile the facility. (Note: Adjacent developments have been allowed to leave it open and not pipe it.) The easement for the lateral should be depicted on the face of the plat and labeled as such. Building Elevations: The applicant has submitted conceptual building elevations for future homes within this development (see Exhibit A.4). Building materials consist of horizontal and vertical siding with rock/stone veneer accents. All homes are proposed to be 40-foot wide single- story units and range in size from 1,400 to 1,800 s.f. Future development should be consistent with these elevations and materials. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. There is an existing vinyl fence along the southern boundary of this site that is proposed to remain. A vinyl fence is proposed along the west boundary of the subdivision and a wrought iron fence is proposed adjacent to the common area on Lots 4 and 5 (to restrict access to the lateral), Block 1 in accord with UDC standards. A detail of the proposed fencing should be submitted with the final plat application. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended provisions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 04/15/17) 3. Proposed Landscape Plan (dated: 04/12/17) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map EXHIBIT A Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 04/15/17) EXHIBIT A Exhibit A Page 3 3. Proposed Landscape Plan (dated: 04/12/17) Exhibit A Page 4 Exhibit A Page 5 4. Conceptual Building Elevations Exhibit A Page 6 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Comments/Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Development shall substantially comply with the preliminary plat, landscape plan and building elevations included in Exhibit A. b. The Eightmile Lateral shall be piped unless waived by City Council as set forth in UDC 11-3A-6. Council allowed the Eightmile Lateral to remain open and not be piped due to the large capacity of the facility as allowed in UDC 11-3A-6B.3b. c. The developer shall provide one (1) qualifying site amenity per UDC 11-3G-3C within the common area on Lot 4, Block 1. d. The developer shall provide a gas line within a public utility easement to the north property boundary for use and extension to the property to the north (parcel S1203223400). e. All homes within this development are restricted to a single-story in height and a minimum of 1,500 square feet as committed to by the applicant at the public hearing. 1.1.2 The preliminary plat included in Exhibit A.2, dated 4/15/17, shall be revised as follows: a. A common lot for a 5-foot wide landscape strip is required along Lot 7, Block 1 on Lot 10, Block 1 to prohibit access to the common driveway, unless a significant geographical feature is provided as set forth in UDC 11-6C-3D.5. b. Depict the easement for the Eightmile Lateral and label it as such. All of the easement shall be within the common lot. 1.1.3 The landscape plan included in Exhibit A.4, dated April 2016, shall be revised as follows: a. A common lot for a 5-foot wide landscape strip is required along Lot 7, Block 1 on Lot 10, Block 1 to prohibit access to the common driveway, unless a significant geographical feature is provided as set forth in UDC 11-6C-3D.5. b. Include a detail for the proposed fencing that complies with the standards listed in UDC 11-3A-7A. c. Include mitigation information for any existing trees on the site that are proposed to be removed as set forth in UDC 11-3B-10C.5. d. Depict the site amenity(s) within the common area on Lot 4, Block 1 as required in the development agreement. Exhibit A Page 7 1.1.4 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 as set forth in UDC 11-6C-3D.8. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 - 3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11- 3B-7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G- 3B5 and 11-3B-7C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. Exhibit A Page 8 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 - 6B-7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at 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 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 Exhibit A Page 9 Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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. Exhibit A Page 10 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 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 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. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. Exhibit A Page 11 c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.8 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. Exhibit A Page 12 6. PARKS DEPARTMENT 6.1 The Park’s Department did not submit comments on this application. 7.1 ADA COUNTY HIGHWAY DISTRICT 7.1.1 Site Specific Conditions of Approval 7.1.2 Extend Geddes Place into the site, to intersect Shirdale Court, as a 33-foot street section with curb, gutter, and attached 5-foot wide concrete sidewalk within 50-feet of right-of-way. 7.1.3 Construct Shirdale Court as a 33-foot street section with curb, gutter, and attached 5-foot wide concrete sidewalk within 47-feet of right-of-way. 7.1.4 Construct the east terminus of Shirdale Court in a cul-de-sac turnaround. 7.1.5 Construct one stub street to the west, Shiredale Court. Install a sign at the terminus of Shiredale Court stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE”. 7.1.6 Provide written approval from the fire department for the reduced street sections prior to final plat. 7.1.7 A Traffic Impact Fee may/will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 7.1.8 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7.1.9 Comply with the Standard Conditions of Approval as noted below. 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, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least Exhibit A Page 13 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. 2 - C. Legal Description & Exhibit Map for Annexation Boundary 3 - 4 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 2.08 acre property with an R-8 zoning district with Council approval of a “step up” in density from LDR to MDR and develop 122 new single-family residential homes. The Council finds the proposed “step up” in density should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing this property with an R-8 zoning district is in the best interest of the City with a “step up” in density as proposed. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. 5 - b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments provided from public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 6S PROJECT NUMBER: H-2017-0057 ITEM TITLE: Preakness Subdivision Development Agreement for Preakness Subdivision (H-2017-0057) with T & M Holdings LLC located at 1 155 W. Victory Road, in the NW 1/4 of Section 25, Township 3 North, Range 1 West MEETING NOTES �✓ APPRQVF1---Q 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 2017-066050 BOISE IDAHO Pgs=40 VICTORIA BAILEY 07/19/2017 04:17 PM CITY OF MERIDIAN, IDAHO NO FEE DE, VELOPMI, MY AGREL, ME, NT PARTJ[ A S: I. City of Meridian 2, T & M 14oldings LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this I day of t 2017, by and between City of Meridian, a municipal corporation of the State ofidaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and T & M Holdings LLC, whose address is PO Box 2640, Eagle, Idaho 83616, hereinafter called OWNER/ DEVELOPER. 1. RECI'T'ALS: 1,1 Vt M i RE, AS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 'y WWRAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1,3 VVWREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1A WIIiR'Ci AS, owner/Developer has submitted an application for the annexation of approximately 5.00 acres of land from the RU717 zoning district in Ada County to theR4 (Medium Low Density Residential) zoning district (as described in Exhibit "N'), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1,5 'P HERE,AS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1,6 VtrMEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government DBVCLOPMBNTAGiiG&MINT—PREAKNESS SiIRDIVISION (H 2017-005%) PAGp 1 OF 7 subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 11th day of July, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council tapes final action on final plat; and 1.9 VVMREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to T & M Holdings LLC, whose address is PO Box 2640, Eagle, Idaho 83616 the party that owns and is developing said Property and shall include any subsequent owner(s)/developers of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located DEVELOPMENT AGREEMENT-PREAKNESS Sui3DIV[S[ON (H-2017-0057) PAGE 2 OF 7 in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium -Low Density Residential District (R-4) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations (photos) depicted in the Staff Report that is attached to the Findings of Fact and Conclusions of Law, set forth herein as Exhibit `B". b. The Owner/Developer shall be responsible for all costs associated with the sewer and water service extension. c. The existing home proposed to remain on a lot within the subdivision is required to hook up to City water and sewer within 60 days of it being available to said lot. d. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. e. If 2 -story homes are constructed on Lots 1-4, Block 1, they will be highly visible from W. Victory Road, an arterial street. Therefore, the rear elevations of 2 -story homes shall incorporate articulation through changes in two or more ofthe following: material type, projections, recesses, step -backs, bays, banding, pop -outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single -story homes. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULTICONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. DEVELOPMENT AGREEMENT-PRF.AKNESS SUBDIVISION (14-2017-0057) PAGE 3 OF 7 7.2 Notice and Cure Period. In the event of Owner/Developer's default ofthis Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification ofthis Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. )INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by DEVELOPMENT AGREEMENT-PREAKNESS SUBDIVISION (H-2017-0057 PAGE 4 of 7 the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: T & M Holdings LLC PO Box 2640 Eagle, ID 83616 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that DEVELOPMENT AGREEivfI:NT-PREAKNESS SUBDIVISION (H-2017-0057) PAGE 5 OF 7 the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/DeveIoper and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval ofthe City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian. Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT PREAKNE5S SUBDIVISION (H-2017-0057) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: T & M Holdings LLC By 4 e ---- David W. Turner, Managing Member CITY OF 4N AUGUS T� By: Qom � yor ammy de Weerd ATTES ; Of �°PNo u C. a Cole ity Clerk �y�c��rFR or the 1a�P�Je- STATE OF IDAHO ) 61g }� : ss: County of Ad , ) On this /,3 day of It, A22017, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turn r, known or identified to me to be the Managing Member of T & M Holdings LLC and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `,N�tHU/)'41rii �,ti ( ' � el 1 (SEAL) vr'"°'°` °RQ �rir Notary Public for Idaho Q Residing at: K� My Commission Expires: o + STATE OF IDAHO } r PU6��G 0 2 ss � County of Ada On this % da of , 2017, before me, allotary Public, personally appeared Y Tammy de W eerd 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 WHEREOF, I have hereunto set my hand and affixed 'm�yofDficial seat the dayandyear in this certificate first above written.♦��• • •• •••` �'M � C`T * � Notary Public f r Ida od (SEAT,) j,-,' ��' N�`.�i� Residing at: `� �1 ; Commission expires: a;r. SS SU13Dl*W0V(}i-2017-0057) PAGE 7 OF 7 IN DEVELOPMENT AGREEMI'NT ��. • •••.mass• EXHIBIT A Legal Description & Exhibit Map for Annexation Boundary ANNEXATION DESCRIPTION FOR PREAKNESS SUBDIVISION A parcel of land located in the NE 114 of the NW 114 of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho being more particularly described as follows: BEGINNING at the W1116 corner of said Section 25 from which the N1I4 corner of said Section 25 bears South 89°57'57" East, 1320.16 feet, thence along the North boundary line said Section 25 South 89057'57" East, 300.00 feet; thence along the West boundary line of Kentucky Ridge Estates Subdivision No. 3 as filed in Book 108 of Plats at Pages 15,162 through 15,166, records of Ada County, Idaho and the northerly extension thereof South 00°05'02" East, 726.00 feet to the NE corner of Lot 9, Block 5 of said Kentucky Ridge Estates Subdivision No. 3; thence along the North boundary line of said Kentucky Ridge Estates Subdivision No. 3 North 89957'57" West, 300.00 feet to the NE corner of Lot 11, Block 5 of said Kentucky Ridge Estates Subdivision No. 3; thence along the West boundary line of the NE 114 of the NW 114 of said Section 25 North 00°05'02" West, 726.00 feet to the REAL POINT OF BEGINNING. Containing 5.00 acres, more or less. Preakness Subdivision — H-2017-0057 24 W1/16 25 POINT OF BEGINNING EXHIBIT A BASIS OF BEARING S89'57'57"E 1320.16' - - 304.40' W. VICTORY ROAD 5,00 ACRES I I N89'57'57"W 300.00' T KENTUCKY RIDGE ESTATES NO. 3 10 60 180 0 30 120 SCALE: 1" = 60' IDAHO1450 E. WATHATOWCOST. MEnM"SURVEY ,10momx i20aie�e$s7D GROUP, P.C. Preakness Subdivision — H-2017-0057 F -A 1/4 24 1020.16' 25 1 t 3 SAO G�� 7729 \4Y G.G�� LEGEND CALCULATED POINT - PROPERTY BOUNDARY LINE - SECTION LINE - RIGHT -OF --WAY LINE ANNEXATION EXHIBIT DRAWING FOR PREAKNESS SUBDIVISION LOCATED IN T11E HE 1/4 OF THE NW 1/4 OF SECTION 23, T.3&, A.M. OX.. ADA MINTY. ISIANTI SHEET Z. 1 OW0. DATE 3/15/2017 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0057 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 5.00 Acres of Land with an R-4 Zoning District; and a Preliminary Plat Consisting of Sixteen (16) Building Lots and Two (2) Common Lots on 4.75 Acres of Land in the R-4 Zoning District for Preakness Subdivision, by Schultz Development. Case No(s). H-2017-0057 For the City Council Hearing Date of: July 5, 2017 (Findings on July 11, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0057 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 5, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation & zoning and preliminary plat is hereby approved with the requirement of a development agreement per the conditions of approval in the Staff Report for the hearing date of July 5, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0057 - 3 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 5, 2017 EXHIBIT A Preakness Subdivision – AZ, PP H-2017-0057 PAGE 1 STAFF REPORT Hearing Date: July 5, 2017 Continued from: June 27, 2017) TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Preakness Subdivision – AZ, PP (H-2017-0057) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schultz Development, has submitted an application for annexation and zoning (AZ) of 5.00 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 16 building lots and 2 common lots on 4.75 acres of land in the R-4 zoning district for Preakness Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 1, 2017. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz, Applicant’s Representative ii. In opposition: None iii. Commenting: Dan Beck iv. Written testimony: Matt Schultz, Applicant’s Representative v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. The appearance of 2-story rear elevations visible from W. Victory Road – would prefer single-story along Victory. c. Key Issues of Discussion by Commission: i. Development Agreement provision #1.1.1e pertains to the appearance of 2-story homes from Victory Road. d. Commission Change(s) to Staff Recommendation: i. Modify condition #1.1.2b to clarify Lot 8 isn’t required to be widened if the fencing on Lot 6 isn’t located on the property line abutting the common driveway. e. Outstanding Issue(s) for City Council: i. The applicant requests Council approval of a “step up” in density from LDR to MDR to accommodate the proposed development. The Meridian City Council heard these items on July 5, 2017. At the public hearing, the Council approved the subject AZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz, Applicant’s Representative EXHIBIT A Preakness Subdivision – AZ, PP H-2017-0057 PAGE 2 i. In opposition: None ii. Commenting: None iii. Written testimony: None iv. Staff presenting application: Sonya Allen v. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Commission Recommendation i. The Council approved a step-up in density from LDR to MDR at 3.37 dwelling units per acre (modified condition #1.1.2c accordingly). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0057, as presented in the staff report for the hearing date of July 5, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0057, as presented during the hearing on July 5, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0057 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 1155 W. Victory Road, in the NW ¼ of Section 25, Township 3 North, Range 1 West. (Parcel No.: S1225212515) B. Owners: Kevin and Norma Petty 1155 W. Victory Road Meridian, ID 83642 C. Applicant: Schultz Development P.O. Box 1115 Meridian, ID 83642 D. Representative: Matt Schultz, Schultz Development P.O. Box 1115 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. EXHIBIT A Preakness Subdivision – AZ, PP H-2017-0057 PAGE 3 V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 12, 2017 (Commission); June 9, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: May 4, 2017 (Commission); June 8, 2017 City Council) D. Applicant posted notice on site(s) on: May 19, 2017 (Commission); June 22, 2017 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of one rural residential/agricultural property zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Victory Road and rural residential properties in Pebble Lane Estates, zoned R1 in Ada County 2. East & south: Single-family residential properties in Kentucky Ridge Estates Subdivision, zoned R-4 3. West: Future single-family residential development (Edgehill Subdivision), zoned R-4 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer mains intended to serve the subject site currently exists directly adjacent to the east of the subject parcel in W. Contender Street. 2. Location of water: A water mains intended to serve the subject site currently exists directly adjacent to the east of the subject parcel in W. Contender Street. 3. Issues or concerns: Applicant shall be responsible for the extension of the 12-inch diameter water main across the frontage of the development in W. Victory Road. E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways on this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Low Density Residential (LDR). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. The applicant proposes to develop this 4.75 acre site with 16 single-family residential detached homes at a gross density of 3.37 dwelling units per acre (d.u./acre) and a net density of 4.29 d.u./acre, which is slightly above the density desired in LDR designated areas of 3 or fewer units per acre. The applicant requests Council approval of a “step up” in density from LDR to Medium Density Residential (MDR) which allows 3-8 units per acre. EXHIBIT A Preakness Subdivision – AZ, PP H-2017-0057 PAGE 4 Staff finds the following Comprehensive Plan policies to be applicable to this propert y 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 low density development will contribute to the range of housing opportunities available in the City. Staff is unaware of how “affordable” the homes will be in this development. Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) No access points are proposed or approved via W. Victory Road, an arterial street. Access will be provided via a local street in the adjacent development to the east (Kentucky Ridge Estates). Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available to be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Landscaping is required to be provided in common area lots within the subdivision in accord with the standards listed in UDC 11-3G-3E and within the street buffer along W. Victory Road in accord with the standards listed in UDC 11-3B-7C. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed residential development should be compatible with existing and future adjacent low-medium density single-family residential uses. Require common area in all subdivisions.” (3.07.02F) The UDC (11-3G-2) requires common open space and site amenities to be provided for developments of 5 acres or more. Because the plat only consists of 4.75 acres and the building lots are an average of 10,151 square feet (or 0.23 of an acre) in size, common area and site amenities are not required to be provided for this development. 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) There are no pathway stubs to this site from Kentucky Ridge to the east or Edgehill Subdivision approved to the west. The sidewalks along W. Contender St. stub to the east boundary of this site and will eventually extend to the west with development of Edgehill Subdivision, which will provide for pedestrian connectivity between subdivisions. EXHIBIT A Preakness Subdivision – AZ, PP H-2017-0057 PAGE 5 Encourage infill development.” (3.04.02B) The subject property is surrounded on 3 sides with land that has been annexed and is either developed or in the development process in the City. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) There is one existing stub street (W. Contender St.) to this property near the northeast corner from Kentucky Ridge Estates subdivision; another stub street in alignment with Contender on the west side of this site is depicted on the preliminary plat for Edgehill Subdivision. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are a principally permitted use in the R-4 district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11- 3B-7C. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 5.00 acres of land from the RUT zoning district in Ada County to he R-4 zoning district in the City. The property is proposed to develop with 15 new single-family residential detached homes in addition to the existing home that is proposed to remain on a lot in the proposed subdivision. The proposed R-4 zoning is consistent with the LDR FLUM designation. The density proposed with this development requires Council approval of a “step up” in density as discussed above in Section VII. 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. EXHIBIT A Preakness Subdivision – AZ, PP H-2017-0057 PAGE 6 2. Preliminary Plat The proposed plat consists of 16 residential building lots and 2 common lots on 4.75 acres of land in the proposed R-4 zoning district (see Exhibit A.2). The minimum property size is 8,103 square feet (s.f.) with an average lot size of 10,151 s.f. A gross density of 3.37dwelling units per acre (d.u./acre) and a net density of 4.29 acres is proposed. The subdivision is proposed to develop in one phase. The proposed development will be consistent with the Comprehensive Plan if the Council approves a “step up” in density from LDR to MDR as requested by the applicant. If Council does not approve the request, the density will need to be reduced slightly to comply with LDR FLUM designation which only allows 3 or fewer dwelling units per acre. Existing Structures: There is a 2970 s.f. existing home and an accessory structure on this site. The home is proposed to remain on a lot in the subdivision; the accessory structure is proposed to be removed. Removal of the structure should take place prior to signature on the final plat by the City Engineer. Staff has verified that the existing home complies with the setbacks for the R-4 district listed in UDC Table 11-2A-5. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district and the subdivision design and improvement standards listed in UDC 11-6C-3. The proposed plat complies with these standards. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Access is proposed via an existing stub street (W. Contender St.) in Kentucky Ridge Estates at the east boundary of the site; direct lot access via Victory Road is prohibited. When Edgehill Subdivision is developed on the adjacent property to the west, an off-site access will be available via W. Victory Road. Streets: All of the proposed streets are public. Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D. A common driveway is proposed for access to Lots 6, 7 and 9, Block 2. Lot 8, Block 2 needs to be widened to a minimum of 30 feet to allow for a 20-foot wide paved surface and 5-feet of landscaping on either side in accord with UDC 11-6C-3D. Parking: Off-street parking is required to be provided on each residential lot in accord with the standards listed in UDC 11-3C-6. For 2, 3 and 4 bedroom units, a minimum of 4 off-street parking spaces are required with at least 2 of those in an enclosed garage; other spaces may be enclosed or a minimum 10’ x 20’ parking pad. Landscaping: Landscaping is required to be provided in the proposed development as set forth in UDC 11-3B. A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25-foot wide street buffer is required along W. Victory Road, an arterial street, measured from back of curb in accord with the standards listed in UDC 11-3B-7C. A buffer is depicted on the landscape plan that appears to comply with this standard. EXHIBIT A Preakness Subdivision – AZ, PP H-2017-0057 PAGE 7 Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on the site up to an amount of 100% replacement. There are several existing trees on the site. The applicant should coordinate with the Elroy Huff, City Arborist, to confirm mitigation requirements prior to removal of any trees from the site. Mitigation calculations should be depicted on the landscape plan. Open Space/Site Amenities: Properties over 5 acres in size are required to comply with minimum open space and site amenity requirements as set forth in UDC 11-3G-3A.1. Based on the area of the preliminary plat (4.75 acres), these standards do not apply. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A 5-foot wide detached sidewalk is required along E. Victory Road, an arterial street, as proposed. Five-foot wide attached sidewalks are proposed along internal streets within the development. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. This development will be serviced by existing 8-inch sewer and water mains constructed at the end of the W. Contender Street . The existing home is required to hook up to City water and sewer service within 60 days of it being available. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The New York Irrigation District will provide irrigation via an existing pump station for the Kentucky Ridge Subdivision No. 3 at the northeast corner of the site. An existing private gravity irrigation delivery for properties to the north across Victory Road is proposed to be piped within the Victory Road street buffer in a 12-inch pipe. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained onsite in seepage beds in accord with ACHD requirements. Storm drainage is proposed to be mitigated in underground seepage beds in accord with ACHD design criteria. Existing Well/Septic: There is an existing well and septic system on this property that currently serves the existing home. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Waterways: There are no waterways on this site. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Six-foot tall vinyl fencing exists along the east and south property boundaries; matching fencing is proposed along the west and north boundaries of the development and around Lot 6, Block 2 where the existing home is located. EXHIBIT A Preakness Subdivision – AZ, PP H-2017-0057 PAGE 8 Solid fencing is prohibited adjacent to the common driveway on Lot 8, Block 2 unless separated by a minimum 5-foot wide landscape buffer; revise accordingly. Building Elevations: The applicant has submitted 7 photos of homes that will be similar to those constructed in this subdivision and will be architecturally compatible with those constructed to the east in Kentucky Ridge Estates Subdivision (see Exhibit A.5). These photos all depict at least 2 different building materials and stone/brick veneer accents. If 2-story homes are constructed on Lots 1-4, Block 1, they will be highly visible from W. Victory Road, an arterial street. Therefore, staff recommends the rear elevations of 2-story homes incorporate articulation through changes in two or more of the following: material type, projections, recesses, step-backs, bays, banding, pop-outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This requirement does not apply to single-story homes. Design review is not required for single-family detached homes. Addressing: The property where the existing home is located will no longer have an address off W. Victory Road; the new address will be off S. Cobble Place. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with the requirement of a development agreement and conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Zoning/Aerial Map 2. Proposed Preliminary Plat (dated: 4/15/17) 3. Proposed Landscape Plan (dated: 4/14/17) 4. Common Driveway Exhibit 5. Conceptual Building Elevation Photos B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code EXHIBIT A 2 - A. Drawings 1. Zoning/Aerial Map EXHIBIT A 3 - 2. Proposed Preliminary Plat (dated: 4/15/17) EXHIBIT A 4 - 3. Proposed Landscape Plan (dated: 4/14/17) EXHIBIT A 5 - EXHIBIT A 6 - 4. Common Driveway Exhibit EXHIBIT A 7 - 5. Conceptual Building Elevation Photos EXHIBIT A 8 - EXHIBIT A 9 - EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat application shall not be submitted until the DA is signed and approved by City Council. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The agreement shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations (photos) depicted in Exhibit A and the conditions noted in the staff report. b. The Owner/Developer shall be responsible for all costs associated with the sewer and water service extension. c. The existing home proposed to remain on a lot within the subdivision is required to hook up to City water and sewer service within 60 days of it being available to said lot. d. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. e. If 2-story homes are constructed on Lots 1-4, Block 1, they will be highly visible from W. Victory Road, an arterial street. Therefore, the rear elevations of 2-story homes shall incorporate articulation through changes in two or more of the following: material type, projections, recesses, step-backs, bays, banding, pop-outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single-story homes. 1.1.2 The preliminary plat included in Exhibit A.2, dated 4/15/17, shall be revised as follows: a. Include a note stating that Lots 5, 7 and 9, Block 2 will be accessed via the common driveway on Lot 8, Block 2. b. Widen Lot 8, Block 2 to a minimum of 30 feet to allow for a 20-foot wide paved surface and 5-feet of landscaping on either side in accord with UDC 11-6C-3D. If a fence isn’t constructed on Lot 6 on the property line abutting the common driveway, the width of the common driveway is approved as-is and is not required to be widened. c. If City Council does not approve a “step up” in density as requested, a minimum of two building lots shall be removed from the plat to comply with the density desired in Low Density Residential designated areas of 3 or fewer dwelling units per acre. Council approved a step-up in density as requested. d. The footprint of homes constructed on Lots 5, 7 and 9, Block 2 that are accessed from a common driveway shall be consistent with those depicted on the common driveway exhibit in Exhibit A.4. e. The existing home proposed to remain on Lot 6, Block 2 shall have a change of address from W. Victory Road to S. Cobble Place. EXHIBIT A 10 - 1.1.3 The landscape plan included in Exhibit A.3, dated 4/14/17, shall be revised as follows: a. A 25-foot wide street buffer is required along W. Victory Road, measured from back of curb in accord with UDC 11-3B-7C. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. b. Solid fencing is prohibited adjacent to the common driveway on Lot 8, Block 2 unless separated by a minimum 5-foot wide landscape buffer per UDC 11-6C-3D.5; revise accordingly. c. Widen Lot 8, Block 2 to a minimum of 30 feet to allow for a 20-foot wide paved surface and 5-feet of landscaping on either side in accord with UDC 11-6C-3D. d. Depict a concrete pad at the end of the common drive on Lot 8, Block 2 no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common driveway per requirement of Republic Services. 1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7. 1.1.5 The existing accessory structure (workshop) on the site shall be removed prior to signature on the final plat by the City Engineer. The existing home that is proposed to remain on the site is required to comply with the minimum setback standards for the R-4 zoning district listed in UDC Table 11-2A-5. 1.1.6 A perpetual ingress-egress easement for the common driveway proposed on Lot 8, Block 2 shall 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. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11- 2A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single- family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11- 3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. EXHIBIT A 11 - 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 This development will temporarily be provided water service from the City’s water pressure zone 4, with the ultimate water service being provided by Pressure Zone 5, which will provide higher pressure and flow. Fire protection is available with current service from Pressure Zone 4 to proposed water mains. 2.1.2 Since potable water is provided by the City and irrigation water is provided by NYID, the domestic well at the existing home must be decommissioned according to IDWR rules unless it is needed to continue as an authorized domestic use or other use authorized by an additional water right. EXHIBIT A 12 - 2.1.3 Applicant shall be responsible for all associated costs and the physical connection to the sanitary sewer and water systems for the existing home that is proposed to remain. 2.1.4 Applicant shall be responsible for the extension of the 12-inch diameter water main across the frontage of the development in W. Victory Road. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at 208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. EXHIBIT A 13 - 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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 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 public sewer, water and reuse infrastructure for duration of EXHIBIT A 14 - two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 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. 5. REPUBLIC SERVICES 5.1 The applicant shall revise the landscape plan to include a concrete pad at the end of the common drive no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Please contact Bob Olson at Republic Services 345-1265) for additional information. 6. PARKS DEPARTMENT 6.1 Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-3B-10C.5. Contact Elroy Huff, City Arborist, at 208-489- 0589 to confirm mitigation requirements for the site prior to removal of any trees. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1 Construct a detached 5-foot wide concrete sidewalk on Victory Road, located a minimum of 30-feet from centerline, abutting the site. 7.2 Close the existing driveway onto Victory Road from the site with 5-foot wide concrete sidewalk. 7.3 Improve Victory Road with 17-feet of pavement from centerline plus 3-foot wide gravel shoulder abutting the site. 7.4 Provide permanent right-of-way easements for the sidewalk placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. 7.5 Extend Contender Street into and through the site tying into existing conditions to the east, as a 34 -foot street section with curb, gutter, and attached 5-foot wide concrete sidewalk within 48-feet of right-of-way. 7.6 IF Edgehill has constructed the proposed stub street at the site’s west property line in alignment with Contender Street, then tie into those improvements to the west. 7.7 IF Edgehill has not constructed the stub street in alignment with Contender Street, then construct one stub street to the west; and install a sign at the terminus of Contender Street stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE”. 7.8 Construct Cobble Place as a 33-foot wide street section with curb, gutter, and attached 5-foot wide concrete sidewalk within 47-feet of right-of-way. 7.9 Construct a cul-de-sac turnaround with a minimum radius of 45-feet at the terminus of Cobble Place. EXHIBIT A 15 - 7.10 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 7.11 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7.12 Comply with the Standard Conditions of Approval as noted below. 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, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 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 EXHIBIT A 16 - comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A 17 - C. Legal Description & Exhibit Map for Annexation Boundary EXHIBIT A 18 - EXHIBIT A 19 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex the subject property with an R-4 zoning district and develop single- family homes on the site at a gross density of 3.37 dwelling units per acre. The applicant requests Council approval of a “step up” in density from LDR to MDR which will accommodate the proposed density; Council approved the request for a “step up” in density as proposed. The proposed zoning is consistent with the Comprehensive Plan Future Land Use Map designation for this property with the step up” in density. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the developer. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Council finds annexing this property with an R-4 zoning district as requested is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in conformance with the Comprehensive plan with a “step up” in density as approved. (Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information.) b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available and are adequate to serve the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) EXHIBIT A 20 - c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers in Exhibit B, the Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The 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. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 6T PROJECT NUMBER: H-2017-0064 ITEM TITLE: Paramount Director Fourth Addendum to Development Agreement for Paramount Director (MDA -H-2017- 0064) with Brighton Investments, LLC for a parcel of land located in Section 25, T, 4N., R1 W., B.M.,Ada County, and described in Exhibit A 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 2017-066043 BOISE IDAHO Pgs=5 LISA BATT 07/19/2017 04:13 PM CITY OF MERIDIAN, IDAHO NO FEE 4°i ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Development Inc., Owner/Developer This 4t1i Addendum to Development Agreement is made and entered into this ( O day of SU&IJ , 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Brighton Development Inc., whose address is 12601 W. Explorer Drive, Suite 200, Boise, ID 83713, hereinafter called OWNER/ DEVELOPER, RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT on August 14, 2004 (instrument # 103137116) and an ADDENDUM TO DEVELOPMENT AGREEMENT on July 24, 2013 (Instrument # 113083665), 2"' ADDENDUM TO DEVELOPMENT AGREEMENT on January 20, 2016 (Instrument # 2016- 005060) and a 3RD ADDENDUM TO DEVELOPMENT AGREEMENT on January 12, 2017 (Instrument #2017-003462) on the Property specifically described in Exhibit "A", attached hereto. B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and the Addendum to the Development Agreement and the 2"d Addendum to Development Agreement and the 3rd Addendum to Development and in accordance with the terms in this 4t1i Addendum, as they pertain to the Property described in Exhibit "A", attached hereto, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, the Addendum to Development Agreement, the 2" a Addendum to Development Agreement and the 3`d Addendum except as specifically amended by the following: SECTION 3: DEFINITIONS: 3.9 "PROPERTY"; means cnrcl refers to the Property described in the atlached Exhibit "A " SECTION 6: CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY.• Oivner/Developer shall develop the property in accordance ih th the original Development Agreement (Instrument #1031317116) and the Addench.un to Development Agreement (Instrunient # 113083665) and the 2" `r Addenchim to Development Agreement (Instrument # 2016-005060 and the 3'a Addendum (Instrtnnent # 2017-003462). In addition, the following 4"' ADDENDUM TO DEVELOPMENT AGREEMENT (MDA I1-2017-0064 PARAMOUNT DIRECTOR) PAGE I OF 5 Provisions shall also be required: 1. Direct access to W Chinden Boulevard is prohibited in accord with UDC 11-3A-3 and 11- 3H -4B. 2. A rruinirrrurn 35 foot ry ide street bu ffer is required along W Chinden Boulevard, an entryway corridor and shall be landscaped in accord wtth the standards listed in UDC 11 -3B -7C. 3. A detached 10 foot wide multi -use pathway shall be provided along W. Chinden Boulevard, - and along the north side of W Director Street ivithin a public use easement in accord with UDC 11 -3H -4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to the City Engineer signing the final plat. 4. Right-of-way (ROW) shall be reserved in the amount required by the Idaho Transportation Departmentfor the expansion of W Chinden Boulevard with development of the properties adjacent to Chinden Boulevard. S. A Certificate of Zoning Compliance and subsequent buildingpermit application is allowed to be submitted for approval prior to recordation of the frrstphase of the subdivision where the assisted living facility is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy, for the assisted livingfacility. 6. The hvo accesses via N. Fox Run ff oy, a collector street, are alloTi,ed as depicted on the site plan. 7. Development of the propero) at the southeast corner of'TV Chinden Blvd. and N. Fox Run Way ivhere the assisted living facility is proposed shall be generally consistent With the concept plan shown in Exhibit A.4 of the Staff Report that was approved with the Findings of Fact and Conclusions ofLaw approved by Meridian Cit)) Council on December 6, 2016. 8. A modification of the development agreement is required to include a conceptual development plan for the property located at the southwest corner of W. Chinden Blvd Prior to submittal of a Certificate of Zoning Compliance application (f required) or issuance of any building permits. The concept plans) should include a site plan sh0141ing access and circulation and a rnix of land use types. 9. Construction of the street buffer landscaping and associated 10 -foot wide multi -use pathways along W. Chinden Blvd shall be constructed with the final plat for each phase of development. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owners/Developers of the 4i6 ADDENDUM T'O DEVELOPMENT AGREEMENT (MDA H-2017-0064 PARAMOUNT DIRECTOR) PAGE 2 OF 5 Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners/Developers and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owners/ Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 4ih ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2017-0064 PARAMOUNT DIRECTOR) PAGE 3 OF ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BRIGHTON DEVELOPMENT INC. CITY OF MERIDIAN BY:J Mayor Tamn de Weerd Attest: p oW z City of IDIA� Pte. C y Cole ity Clerk '°A"° W y. SEAL A� 4" ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2017-0064 PARAMOUNTr D1Rrc'rOR) PAGE 4 OF 5 STATE OF IDAHO ) ss: County of Ada, On this W"'\ da of Ju,"GI 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared , lou -Nim P. W,(4 t' known or identified to me to be the Ir;tkyl � ofBrighton Development Inc., and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC STATS OF IDAHO STATE OF IDAHO ) ss County of Ada ) Notar� Public for Ida o Residing at: My Commission Expires: V"45/z4 On this rp day of� j`,.�__, 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 4-1 (SEAL) ®`; Notary Public for Idaho Residing at: (Gr 1��'- l� ".N® Commission expires: � ♦®°4�®®®®♦°♦ 4"' ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2017-0064 PARAMOUNTDIRECTOR) PAGE 5 OP 5 Meridian City Council Meeting DATE: JuIV 18, 2017 ITEM NUMBER: 6U PROJECT NUMBER: H-2017-0064 ITEM TITLE: Development Agreement -Paramount Director Development Agreement -Paramount Director (H-2017-0064) with Brighton Investments, LLC for a parcel of land being a portion of the NE 1/4 of Section 25, Township 4 North, Range 1 West MEETING NOTES Yf APPROVE0 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 2017-066052 BOISE IDAHO Pgs=56 HEATHER LUTHER 07/19/2017 04:19 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Development Inc., Owner/Developer �i THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this % 5 day of -3,10 , 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Brighton Development, Inc., whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, hereinafter called OWNER/ DEVELOPER. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code S 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC'), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for a Preliminary Plat and Development Agreement Modification to remove the Property specifically described in Exhibit "A" from the original Development Agreement (Instrument #1031317116) and the Addendum to Development Agreement (Instrument # 113083665) and the 2" d Addendum to Development Agreement (Instrument # 2016-005060), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVE1.oPA'113NT AGREEtv16N'r- PARAMOUNT DntEc'rolt (H-2017-0064) PAGE 1 01' 8 1.6 WHEREAS, the record of the proceedings for the requested Preliminary Plat and Development Agreement Modification on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 5`" day of July, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Brighton Development, LLC, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, DEVELOPMENT AGREEMENT -PARAMOUNT DIRECTOR (H-2017-0064) PAGE 2 OF 8 the party that owns and is developing said Property and shall include any subsequent owner(s)/developers of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcel attached hereto and by this reference incorporated herein as if set forth at length to be removed from the existing Development Agreement (Instrument #1031317116) and the Addendum to Development Agreement (Instrument # 113083665) and the 2nd Addendum to Development Agreement (Instrument # 2016-005060) and bound by this Agreement. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11-3A-3 and 11-31-1413. b. A minimum 35 -foot wide street buffer is required along W. Chinden Boulevard and N. Meridian Road, both entryway corridors and shall be landscaped in accord with the standards listed in UDC II -3B -7C. c. A detached 10 -foot wide multi -use pathway shall be provided along W. Chinden Boulevard and along the west side of N. Meridian Road within a public use easement in accord with UDC 11 -3H -4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to the City Engineer signing the final plat for the phase in which it is located. d. Right-of-way (ROW) shall be reserved in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the property adjacent to Chinden Boulevard. e. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the Encore community pool, clubhouse and activity center is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for these structures. f. The two accesses via N. Fox Run Way and W. Director St., collector streets, are allowed as depicted on the preliminary plat. Council approved a waiver for the access to the community swimming pool on Lot 86 via W. Director Street in accord with UDC 11-3A-3. DEVELOPMENT AGREEMENT -PARAMOUNT DIRECTOR (H-2017-0064 PAGE 3 OF 8 g. Development of the property shall be generally consistent with the concept plan shown in Exhibit A.7 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto at Exhibit `B". Site amenities shall consist of a centrally located swimming pool, clubhouse and outdoor activity center for the Encore development; and a future Paramount community swimming pool located at the southwest corner of the subject development. h. Construction of the street buffer landscaping and associated 10 -foot wide multi -use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. i. The Homeowner's Association shall maintain the landscaping in all yards within the development to ensure the properties are properly and consistently maintained. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT - PARAMOUNT DIRECTOR (H-2017-0064 PAGE 4 OF 8 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT -PARAMOUNT DIRECTOR (H-2017-0064) PAGE 5 OF 8 CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: Brighton Development Inc. 12601 Explorer Drive, Suite 200 Boise, Idaho 83713 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) DEVELOPMENT AGREEMENT -PARAMOUNT DIRECTOR (H-2017-0064) PAGE 6 OF 8 challenging the validity of any provision in this Agreement, the parties agree to cooperate In defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Brighton Development Inc. CIT5Mor By: ammy de Weerd DEVELOPMENT AGREEMENT- PARAMOUNT DIRECTOR (H-2017-0064) PAGE 7 Of 8 STATE OF IDAHO ) ss: County of Ada, ) � �N 1 On this 1___ day of Jt4: O , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared J j(-A1tjUkt,1 A• Wil'It ( , known or identified to me to be the vVeS(hvt 4" of Brighton Development Inc. and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 1 1/1 1`, -, ( EAWMANDA MCCURRY N OTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) Not' ' Public for Idaho/ Residing at: /d4.11P My Commission Expires: Y//,S/2V2-_3 ss County of Ada ) _I On this 16' day of Vd V 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C-Jh 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 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ms ••see • __. (SEAL) 1A,• .'•. �?'Iii...• •*sees** Notary Public�r Idaho p �\ Residing at: cad L�`p� Commission expires: -I e, DEVEL.OPMENT AGREEMENT- PARAMOUNT DIRECTOR (H-2017-0064) PAGE 8 OF 8 EXHIBIT A Paramount Director – Exhibit A EXHIBIT A Paramount Director – Exhibit A EXHIBIT A Paramount Director – Exhibit A CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0064 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Accommodate the Proposed Development and Update the Conceptual Development Plan; Preliminary Plat Consisting of 196 Building Lots and 24 Common Lots on 35.64 Acres of Land in the R-15 Zoning District; and Planned Unit Development in the R-15 Zoning District for Paramount Director, by Brighton Investments, LLC. Case No(s). H-2017-0064 For the City Council Hearing Date of: June 27, 2017 (Findings on July 5, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 27, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 27, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 27, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 27, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0064 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 27, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a development agreement modification, preliminary plat and planned unit development is hereby approved per the provisions in the Staff Report for the hearing date of June 27, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Planned Unit Development Duration Please take notice that the planned unit development, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For planned unit developments that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0064 - 3 - use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the planned unit development comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 27, 2017 By action of the City Council at its regular meeting held on the 2017. 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 day of VOTED CA VOTED Ye< VOTED VOTED VOTED la VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Attest: C.by Coli City Cleric a Mayor Tatm e eerd QO P ED AU(3 j, o 2 City of IDAHO Y SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney, c y/ 7By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S), H-2017-0064 - 4 - EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 1 STAFF REPORT HEARING DATE: June 27, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Paramount Director – ALT, MDA, PUD, PP, PS (H-2017-0064) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Brighton Investments, LLC, has submitted the following applications: Development Agreement Modification (MDA) to accommodate the proposed development and update the conceptual development plan; Preliminary Plat (PP) consisting of 196 building lots and 24 common lots on 35.64 acres of land in the R-15 zoning district; Planned Unit Development (PUD) in the R-15 zoning district; Private Street (PS) for the internal access driveways; and Alternative Compliance (ALT) to the following sections of the UDC: 11-3F-4A.4, which limits gated development to no more than 50 dwelling units; 11-3F-4A.6, which does not allow common driveways to be off of private streets. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, PP and PUD applications with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The development agreement modification does not require Commission action; City Council is the decision making body. The Meridian Planning & Zoning Commission heard these items on June 1, 2017. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Jon Wardle, Applicant’s Representative ii. In opposition: None iii. Commenting: Joann Smith-Curtis iv. Written testimony: Mike Wardle v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Applicant requested modifications to condition #1.2.3a to include Lot 86 in the note; and #1.2.3d and #1.2.3e to provide pedestrian pathways adjacent to Lots 70 and 103 for pedestrian connections from the sidewalk along W. Lockhart Ln. to the sidewalk along W. Director Street; and EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 2 ii. Ms. Smith-Curtis was of the opinion the proposed density is too high and was concerned about traffic and parking generated by the proposed development. c. Key Issues of Discussion by Commission: i. Parking for the overall development; and ii. Private streets for access within the development. d. Commission Change(s) to Staff Recommendation: i. The Commission approved the modification to conditions #1.2.3a, 1.2.3d and 1.2.3e as requested by the applicant. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on June 27, 2017. At the public hearing, the Council approved the subject MDA, PUD and PP requests. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle and David Turnbull, Brighton Corporation (Applicants) ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle, Applicant’s Representative (in agreement with the revised Commission’s recommendation to Council) v. Staff presenting application: vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Council very much liked the proposed development; ii. The request for a waiver to allow the driveway access to the common area where the community swimming pool is proposed via Director Street, a collector street. d. Key Council Changes to Commission Recommendation i. Council approved the applicant’s request for a waiver for access via Director Street, a collector street, for the common area where the community pool is proposed (see Exhibit A.7, condition #7). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0064 as presented in the staff report for the hearing date of June 27, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0064, as presented during the hearing on June 27, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0064 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: EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 3 The subject property is located at the southwest corner of W. Chinden Blvd. and N. Meridian Road, in the northeast ¼ of Section 25, Township 4 North, Range 1 West. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Suite 200 Boise, ID 83713 C. Owner: Same as applicant D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Suite 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification, which only requires a public hearing before the City Council; a preliminary plat and planned unit development which both require a public hearing before the Planning & Zoning Commission and City Council, and 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: May 12, 2017 (Commission); June 9, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: May 5, 2017 (Commission); June 8, 2017 City Council) D. Applicant posted notice on site by: May16, 2017 (Commission); June 14, 2017 (City Council) VI. LAND USE A. Existing Land Use(s) & Zoning: This site consists of vacant/undeveloped land, zoned R-15 B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Chinden Blvd., agricultural and commercial land, zoned MU-DA in Ada County South: W. Director Street and single-family residential properties, zoned R-8 East: N. Meridian Road and a church, zoned RUT in Ada County West: N. Fox Run Way and single-family residential properties, zoned R-8; and an assisted living facility, zoned C-C C. History of Previous Actions: In 2013, the subject property was annexed (AZ-13-005, Paramount Northeast). A Development Agreement (DA) modification application (H-2015-0022) was approved in 2015 to include the annexation area in the existing DA (Inst. No. 1031317116, amended as Inst. No. 113083665) for Paramount Subdivision, recorded as Instrument No. 2016-005060. In January 2016, a preliminary plat (Paramount North Forty, H-2016-0034) was approved for the subject property. A final plat was never submitted. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 4 In December 2016, the property received the following approvals: A modification to the development agreement (2nd addendum, recorded as Instrument 2015-005060) to amend certain provisions of the agreement and include a conceptual development plan for the site (3rd addendum, recorded as Instrument #2017-003462); A rezone of 37.31 acres of land from the C-C and TN-R zoning districts to the R-15 zoning district; and A preliminary plat consisting of 196 building lots, 12 common area lots and 2 future right-of-way lots on 35.63 acres of land in the R-15 zoning district. This development was proposed to consist of (98) age-qualified (55+) 1-story townhomes configured in quads” and (98) 2-story single-family attached homes. D. Utilities: Location of sewer: Sanitary sewer mains intended to serve the eastern portion of the subject site currently exist directly adjacent to the subject parcel in W. Director Street, and a main intended to provide service to the western portion of the subject site currently exists in the Paramount Veranda Assisted Living project. Location of water: Water mains intended to serve the eastern portion of the subject site currently exist directly adjacent to the subject parcel in W. Director Street, and a main intended to provide service to the western portion of the subject site currently exists in the Paramount Veranda Assisted Living project. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The North Slough crosses the southwest corner of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN ANALYSIS Land Use: Approximately 26 acres of the site is designated Mixed Use - Community (MU-C) and approximately 15 acres is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of the MU-C designation is to allocate areas where community-service uses and dwellings are seamlessly integrated into the urban fabric. The intent of the MU-C designation is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Development should comply with the general guidelines for development in all mixed use areas and have a mix of at least 3 land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to15 units/acre. See pages 27-28 in the Comprehensive Plan for more information. The intent of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units/acre. The applicant proposes to develop the site with a mix of single-family attached and detached homes consisting of a total of 196 units at a gross density of 5.5 dwelling units per acre and a net density of 11.87 units per acre. Single-family homes, which include attached and detached, are listed as an appropriate use in the MDR designation but are not specifically listed as an appropriate use in the MU-C designation; townhomes (3 or more attached units on individual properties) are listed as an appropriate use. Because single-family attached, detached and townhome units are all located on EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 5 individual lots, the proposed density and the R-15 zoning district is consistent with both FLUM designations for this site. Staff also believes the proposed age qualified 55+ housing is appropriate for this site as it may provide for additional housing options for the City. This site is located at the corner of a major arterial intersection (W. Chinden Blvd./N. Meridian Rd.). A residential care facility was recently constructed at the west boundary of this site at the southeast corner of Chinden & Fox Run; and a church, private school, and Zamzow’s retail store exist to the east across Meridian Road along the south side of E. Chinden Blvd. The proposed development will contribute to the variety of residential housing options and mix of uses in this area. The following items from the Comprehensive Plan are considered when reviewing development applications in Mixed Use areas: (Staff’s analysis in italics) Residential densities should be a minimum of 6 dwelling units/acre.” (pg. 23) The proposed gross density of the development is 5.5 dwelling units/acre and net density is 11.87 dwelling units per acre, consistent with that desired in the MDR designation but slightly below that desired in MU-C designated areas. The density is slightly lower that desired due to the amount of open space the applicant desires for the proposed development. Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment, destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.” (pg. 23) The proposed project provides for higher density residential development adjacent to US 20/26 (Chinden Blvd.) from the adjacent lower density single-family residential properties to the south and contributes to the variety of housing options in this area. This area is predominately developed with single family detached residential homes; a residential care facility is constructed to the west. Staff believes the proposed mix of attached and detached units for residents 55 and older will provide additional housing options at a higher density near employment and mobility corridors. A mixed use project should include at least 3 types of land uses; exceptions may be granted for smaller sites on a case by case basis.” (pg. 24) The overall mixed use designated area as a whole consists of a variety of uses including single-family detached homes, a residential care facility, a church, a private school and a retail store (Zamzow’s). There is also quite a bit of land to the west within the MU-C designated area that is yet to develop which will further contribute to the variety of uses in this area. Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) Although staff is unaware of how “affordable” the proposed units will be, the medium density development will contribute to the variety of lot sizes, prices and types of housing in this area. Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B, pg. 56) The proposed attached and detached single-family homes will contribute to the diversity in housing types as well as provide for age qualified (55+) housing in this area; independent living rental units with services provided by the adjoining Veranda assisted living facility to EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 6 the west are also proposed. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F, pg. 45) City services are available to be extended to this development. Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) There are no direct access points for this site proposed via Chinden Blvd., a state highway, or N. Meridian Road, an arterial street. An access via N. Fox Run Way, a collector street, was previously approved for this property; one other access is proposed via W. Director Street, a collector street. Access via a local street is not available. Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A detached 10-foot wide multi-use pathway is required along W. Chinden Blvd. and N. Meridian Road and exists along W. Director Street which will provide a safe route to the church and private school to the east and the internal amenities and public schools to the west as well as other community gathering places in the vicinity. Require common area in all subdivisions.” (3.07.02F) A minimum of 10% qualified open space is required to be provided with this development; the applicant proposes to provide 20.9%, well above the required amount. Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L). The applicant has depicted land for future ROW dedication on the plat along Chinden Blvd. for the expansion of the highway. Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes.” (3.07.02O) Staff finds the design and quality of homes proposed in this development is high based on the concept elevations provided in Exhibit A.4. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached and attached dwellings are a principally permitted use in the R-15 district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 7 D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B and 11-4-3-27F apply to development of this site. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G. F. Structure and Site Design Standards: The proposed attached dwellings must comply with the design standards in accord with the Architectural Standards Manual (ASM). VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the existing development agreement (DA) (Instrument No. 2017-003462) is requested to accommodate the proposed development and update the conceptual development plan (see Exhibits A.5 and A.6). The applicant proposes to remove the Veranda (assisted living facility) property and associated references from the DA and update the agreement with the proposed development plan. To accomplish this, staff recommends the existing DA is amended to remove the subject property and associated references, and a new DA is created for the subject property with new provisions applicable to only this property. The existing DA will still apply to the recently constructed Veranda assisted living facility, the vacant/undeveloped property at the southwest corner of Fox Run & Chinden Blvd. and the common area along the north side of W. Director St. Staff has reviewed the existing DA and recommends the changes noted in Exhibit A.6 and the new provisions for the subject property in Exhibit A.7. Staff has transferred the existing provisions to the new agreement that apply to development of the subject property (see Exhibits A.6 and A.7 for more information). New legal descriptions should be submitted for the area remaining in the existing DA and the area proposed to be governed by the new DA. The proposed conceptual development plan depicts a 196-unit single-family development consisting of both attached and detached units for age qualified 55 and older residents. A central common area is proposed that will contain a swimming pool, clubhouse, and outdoor activity complex. A future Paramount community swimming pool is also proposed at the southwest corner of the site. Staff recommends future development substantially complies with this plan. 2. PRELIMINARY PLAT (PP): A preliminary plat is proposed that consists of 196 building lots and 24 common lots on 35.64 acres of land in the R-15 zoning district. The subdivision is proposed to develop in two phases with the western portion developing first as shown on the phasing plan in Exhibit A.2. A mix of single-family attached and detached structures are proposed within this development, all for age qualified 55 and older housing. Some will be independent living rental units with services provided by the adjoining Veranda assisted living facility to the west. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-15 zoning district listed in UDC Table 11-2A-7 and the subdivision design and improvement standards listed in UDC 11-6C-3B. Reductions to the front and side setbacks and block length standards are requested with the Planned Unit Development see Planned Unit Development section below for more detail). Building setbacks for the R-15 zoning district listed in UDC Table 11-2A-7 are as follows: street setback to garage off a local street – 20’, street setback to garage off an alley – 5’, street setback to living area off a local street – 10’, street setback to living area off an alley – 5’; interior side setback – 3’, and rear setback – 12’. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 8 Access: One access is proposed via N. Fox Run Way, a collector street, which was previously approved with the development agreement and is shared with the residential care facility; and one access is proposed via W. Director Street, a collector street, in alignment with N. Garbo Ave. to the south. Another access is proposed via W. Director St. for sole access to Lot 86, which will contain a future community swimming pool for the Paramount development. This access requires Council approval of a waiver to UDC 11-3A-3 which restricts access via collector streets. Direct access is not proposed or allowed via W. Chinden Blvd. and/or N. Meridian Road per UDC 11-3A-3. The existing curb cut via Director located approximately 430’ west of Meridian Road is required to be removed. The Idaho Transportation Department (ITD) is the transportation authority for US 20-26/W. Chinden Blvd. abutting this development on the north. The Ada County Highway District ACHD) is the transportation authority for all other public streets abutting this development. ITD has not submitted comments on this application; ACHD’s comments are included in Exhibit B, Sections 7. Future ROW Dedication: A 30-foot wide strip of land on the north side of Lot 1, Block 1 adjacent to W. Chinden Blvd. (SH 20-26) is depicted on the plat as reserved for future right-of- way (ROW); and a 12-foot wide strip of land on the east side of Lot 1, Block 1 along N. Meridian Road is depicted as reserved for future ROW in addition to 25 feet of ACHD prescriptive ROW for the expansion of these streets. Private Streets: Private streets are required to comply with the standards listed in UDC 11-3F-4. Twenty-nine (29) foot wide private streets are proposed internally for access to the proposed lots. Private streets are not typically intended for single-family developments; however, because the development is proposed to be gated and creates common mews through the site design, staff is of the opinion that private streets are appropriate to provide better circulation and safety within the development. Staff has reviewed the UDC standards for private streets and found the proposed development in compliance except for the following: 1) the proposed development shall have no more than 50 dwelling units; 2) no common driveways shall be allowed off of a private street. The applicant has applied for alternative compliance to these standards (see Alternative Compliance below for more information). Because the streets are less than 32-feet in width, parking is only allowed on one side of the street; the other side of the street should be signed “No Parking”. Gates: The standards for gated developments are listed in UDC 11-3F-4A.4. Gated entries are proposed for this development. Staff has reviewed the standards and found the development not in compliance with the following standards: 1) the number of dwelling units are limited to 50 (196 units are proposed); and, 2) unrestricted access is required to be provided to pedestrians and bicycles at a minimum of 2 additional points within the development (no such accesses are provided). The applicant has applied for alternative compliance to the limit on the number of homes (see Alternative Compliance below for more information). Staff recommends pedestrian pathways are added to the development plan – one from the sidewalk along Director St. west of Garbo Ln. to the sidewalk along Lockhart; and one to the sidewalk along Meridian Road from the sidewalk along N. Borgnine Ln. Alleys: Alleys are required to comply with the standards listed in UDC 11-6C-3B.5. The plans appear to comply with these standards except for the following: alleys shall be designed so that the entire length is visible from a public street. None of the alleys are visible from public streets as all of the interior streets are private – all of the alleys except for one are EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 9 visible from the private streets. The applicant requests the proposed alleys are approved as part of the PUD (see Planned Unit Development section below for more information). Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D. Several common driveways are proposed within this development. All properties that abut a common driveway shall take access from the driveway unless the abutting property has the required minimum street frontage in which case the driveway should be on the opposite side of the shared property line away from the common driveway; this applies to Lots 67 and 71. The UDC (11-6C-3E.7) requires any plats using a common driveway to depict the setbacks, building envelope, and orientation of the lots and structure that are accessed via a common driveway on the preliminary plat and/or as an exhibit with the final plat application. The applicant is required to submit an exhibit with the final plat application as required. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment, for the common driveways. Landscaping: A 35-foot wide street buffer is required along US-20/26/W. Chinden Blvd., a state highway/arterial street and along N. Meridian Road, an arterial street (both entryway corridors); and a 20-foot wide street buffer is required along N. Fox Run Way, a collector Street. Landscaping is required within the street buffers in accord with the standards listed in UDC 11- 3B-7C. The plat depicts a 75-foot wide buffer along Chinden Blvd. – 30’ of which is reserved for future ROW; and a 40-foot wide buffer along Meridian Rd. – 12’ of which is reserved for future ROW. The common area proposed along Chinden Blvd. and Meridian Road for future right-of-way for the expansion of these streets is required to be landscaped in the interim with vegetative groundcover in accord with UDC 11-3B-7C.5. A 25’ wide irrigation easement for the North Slough exists along the east boundary of this site within the street buffer along N. Meridian Road; no trees are allowed within this easement. This area is required to be landscaped with one tree every 35 linear feet. Street trees are proposed within the parkway outside of the easement area. Parkways: All parkways shall be constructed in accord with the standards listed in UDC 11-3A- 17. Eight-foot wide parkways are proposed along internal private streets and along N. Meridian Road. Common Open Space & Site Amenities: Based on the size of the proposed development, a minimum of 10% (or 3.6 acres) of qualified open space is required as set forth in UDC 11-3G-3B; and a minimum of one qualified site amenity is required as set forth in UDC 11-3G-3C. A total of 7.46 acres (or 20.9%) of qualified open space is proposed consisting of half of the 35- foot wide street buffers required along W. Chinden Blvd. and N. Meridian Road, both arterial streets, plus additional area outside of the required buffer that’s part of those lots; all of the street buffer and common area along N. Fox Run Way and W. Director Street (within the boundary of the proposed plat), both collector streets; parkways; and, common areas where amenities for the development are proposed. Proposed site amenities consist of a swimming pool, clubhouse and outdoor activity complex in the center of the development; segments of the City’s multi-use pathway system along W. Chinden Blvd. and N. Meridian Rd., and a future Paramount community swimming pool at the southwest corner of the development in compliance with UDC standards. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 10 Pathways: A 10-foot wide multi-use pathway is required to be provided per the Pathways Master Plan along W. Chinden Blvd. and N. Meridian Road as proposed. A 10-foot wide pathway also exists off-site along W. Director Street adjacent to the south boundary of the site. Staff recommends a 15-foot wide common lot with a 5-foot wide pathway is provided along the east side of this site from the sidewalk along N. Borgnine Ln. to the sidewalk along N. Meridian Road. Sidewalks: The UDC (11-3A-17) requires 5-foot wide detached sidewalks to be constructed along collector streets. A 4-foot wide detached sidewalk currently exists along Fox Run Way; ACHD is requiring the sidewalk to be reconstructed to comply with ADA standards. Although not required, 5’ wide detached sidewalks are proposed internally on both sides of the private streets. Fencing: All fencing shall comply with the standards listed in UDC 11-3A-7A and 11-3H-4D. Fencing is depicted on the landscape plan; however, no details as to the type of fencing are provided. The applicant states 6-foot tall wood fencing will be installed around the perimeter of the development to match that in the rest of Paramount Subdivision. Internal fencing is proposed to be a combination of wood and open metal depending on the location, orientation of homes and common area. The developer is responsible for constructing fences abutting pathways and common open space lots to distinguish common from private areas; fencing details should be included with the final plat application in accord with the standards listed in UDC 11-3A-7A.7. Noise Abatement: Noise abatement is required for residential uses adjoining state highways (i.e. US 20-26/Chinden Blvd.) as set forth in UDC 11-3H-4D. The applicant has submitted a cross- section of the berm and pathway proposed along Chinden Blvd. and Meridian Road that also includes a fence/wall (see Sheet PP4.2 of the landscape plan in Exhibit A.3.). A detail of the fence/wall should be submitted with the final plat application that complies with this standard. Waterways: The North Slough has been relocated and is located within a 40-foot wide easement along the west boundary of this site and has been tiled. A 25’ wide irrigation easement for the North Slough No. 2 is depicted on the plat along N. Meridian Road. No trees are proposed or allowed within this easement. A 25’ wide irrigation easement exists along the south and west boundaries of this development. The corner of Lot 104 encroaches within this easement. An encroachment agreement is required for the lot to encroach within this easement; or, the lot should be reconfigured so that it doesn’t encroach within the easement. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The system will be operated and maintained by the Homeowner’s Association. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained in an onsite detention area in accord with ACHD requirements. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 11 Building Elevations: Nine conceptual building elevations were submitted for homes within this development. Six different styles/types of homes are proposed consisting of cottage, with front and alley accessed garages; quad cottage, with alley accessed garages; traditional, with alley accessed garages; patio, with front accessed garages; and, traditional, mew lots with alley accessed garages (see lot types in Exhibit A.4). Construction materials consist of stucco and horizontal & vertical siding with stone veneer accents. All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual. An administrative design review application must be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. 3. PLANNED UNIT DEVELOPMENT (PUD) The applicant requests approval of a PUD. The purpose of PUD’s is to provide an opportunity for exemplary site development that preserves natural, scenic and historic features of importance; allows for innovative design that creates visually pleasing and cohesive patterns of development; and, creates functionally integrated development that allows for a more efficient and cost effective provision of public services. Deviations from the underlying district requirements may be approved through this type of application. Variety of Housing Types: A variety of housing types is desired in a planned development. The applicant proposes a mix of attached units, detached units (patio homes), 1-bedroom independent living units, front-loaded, alley-loaded, common driveway accessed units, and units fronting on mews (i.e. cottage with front and alley accessed garages; quad cottage with alley accessed garages; traditional with alley accessed garages; patio with front accessed garages; and, traditional mew lots with alley accessed garages (see lot types in Exhibit A.4). Building Clusters: In accord with the PD standards in regard to building clusters, the proposed structures will be clustered to enable the creation of 3 large usable common areas – 2 mews that homes front on and the community center complex facing the Director Street gated entrance. Density: The residential density of the proposed development is 10.66 units per acre as calculated per the density formula in UDC 11-7-4C.3 (196 units/18.38 acres of residential area), which is consistent with the density desired in MU-C designated areas and slightly above that desired in MDR designated areas. Private Open Space: In addition to the common open space and site amenity requirements in UDC 11-3G-3, a minimum of 80 square feet of private usable open space is required to be provided for each unit. An exhibit (floor plan) should be submitted with the Administrative Design Review application(s) demonstrating compliance with this requirement. Parking: The applicant’s narrative states that the project doesn’t deviate from the UDC’s parking standards as follows for age restricted elderly housing (attached or detached): 1-bedroom units require one half space per bed; 2+ bedroom units require 2 per dwelling units, at least one in an enclosed garage, other space may be enclosed or a minimum 10’ x 20’ parking pad. The applicant clarifies the proposed parking as follows: 1-bedroom units feature 1-car garages; 2- bedroom units feature 2-garage spaces. An additional 24 spaces are proposed between the east & west sides of Lot 179, the central common area where the amenities are located; another 18 common lot spaces are proposed in 8 locations adjacent to the 20’ wide alleys; and parking is allowed on one side of the private streets which will allow for guest parking. Staff recommends the applicant coordinate with the Fire Department on placement of “No Parking” signs and painting of the curbs red where no parking is allowed so that fire trucks can maneuver the streets (and corners) in the event of an emergency. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 12 Deviations from Underlying District Requirements: With a PUD application, deviations from the underlying district requirements may be approved. The exception is that along the periphery of the planned development, the applicable setbacks as established by the district may not be reduced, per UDC 11-7-4A.1. The applicant requests deviations from UDC standards as follows: Alleys:UDC 11-6C-3B.5e requires alleys to be designed so that the entire length is visible from a public street. Because only private sterets are proposed within this development, none of the alleys are visible from public streets. Only one of the alleys along the north boundary of the development is not visible from the adjacent private streets. The applicant requests approval of this design through the PUD. Block Face: The block face that faces W. Pavilion Ln. and W. Lockhart Lane, west of N. Garbo Ln., exceeds the maximum block face length allowed in residential districts of 750’ without an intersecting street or alley. Staff recommends a minimum 15’ wide common lot for a pedestrian pathway is provided midway within the block the faces Lockhart to comply with UDC standards, which will provide pedestrian connectivity to/from the adjacent multi-use pathway; provision of a pathway allows the block face to extend up to 1,000’. The block that faces W. Pavilion Ln. measures approximately 1,590’ without an intersecting street or alley. The UDC allows Council to approve block faces up to 1,200 when the block is constrained by site conditions such as an abutting arterial street or highway and steep slopes in excess of 10%. Because the block is constrained by the abutting state highway and steep berm proposed for sound attenuation, the applicant requests Council approval of the proposed block length as part of the PUD. As mitigation for the long block lengths, staff recommends some sort of traffic calming is provided to reduce the speed of traffic. Setbacks: The applicable setbacks for the R-15 district are as follows: UDC TABLE 11-2A-7 DIMENSIONAL STANDARDS FOR THE R-15 DISTRICT R-15 Standard Requirement Street setback1 to garage (in feet): Local 20 Alley 5 Street setback1 to living area (in feet): Local 10 Alley 5 Interior side setback (in feet) 3 Rear setback (in feet) 12 Note: 1. Measured from back of sidewalk. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 13 The applicant requests deviations from the above-noted standards with the PUD as follows: Because 8’ wide parkways and 5’ wide detached sidewalks are proposed on both sides of the private streets, the actual setbacks from the street will be greater than as is typical with attached sidewalks and no parkways along local streets. The proposed side setback is actually a foot greater than that required by the UDC. Staff is amenable to the garage setbacks proposed from the alleys/common driveways as the reduced setbacks are such that parking off the alley/common driveway isn’t feasible and thus, won’t block the alley/driveway. Approval: In approving the planned development, the council may prescribe appropriate conditions, additional conditions, bonds, and safeguards in conformity with this title that: 1. Minimize adverse impact of the use on other property. 2. Control the sequence and timing of the use. 3. Control the duration of the use. 4. Assure that the use and the property in which the use is located is maintained properly. Staff recommends the HOA maintain the landscaping in all yards within the development to ensure the properties are properly and consistently maintained. 5. Designate the exact location and nature of the use and the property development. 6. Require the provision for on site or off site public facilities or services. 7. Require more restrictive standards than those generally required in this title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, which provides services within the city. 4. Alternative Compliance The applicant requests alternative compliance to the following sections of the UDC as discussed above: 11-3F-4A.4b – The proposed development shall have no more than 50 dwelling units (for a gated development). The gated development proposes 196 units. 11-3F-4A.6 – No common driveways shall be allowed off of a private street. Seven common driveways are proposed off private streets within the development. Requests for alternative compliance are allowed only when one or more of the conditions listed in UDC 11-5B-5B.2 exist. One of those conditions reads, “The proposed design includes innovative design features based on “new urbanism”, “neo-traditional design”, or other architectural and/or site designs that promote walkable and mixed use neighborhoods.” The applicant believes this projects’ unique site design of gated private streets, alleys, common driveways, common areas and pathways in combination with the character and diversity of the proposed dwellings provide a superior means for meeting the requirements. Staff concurs. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 14 Staff recommends approval of the proposed MDA, PP and PUD applications with the conditions included in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 4/19/17) & Phasing Plan 3. Proposed Landscape Plan (dated: 4/19/17) 4. Proposed Site Layout with Housing Types & Conceptual Building Elevations 5. Applicant’s Proposed Modifications to Development Agreement (Instrument No. 2017-003462) 6. Staff’s Recommended Changes to Existing Development Agreement (Instrument No. 2017- 003462) 7. Staff’s Recommended Provisions for New Development Agreement, Legal Description for Property Subject to the New Agreement and Conceptual Development Plan B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 15 Exhibit A.1: Vicinity Map EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 16 Exhibit A.2: Proposed Preliminary Plat (dated: 4/19/17) & Phasing Plan EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 17 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 18 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 19 Exhibit A.3: Proposed Landscape Plan (dated: 4/19/17) EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 20 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 21 Exhibit A.4: Proposed Site Layout with Housing Types & Conceptual Building Elevations EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 22 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 23 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 24 Exhibit A.5: Applicant’s Proposed Modifications to Development Agreement (Instrument No. 2017- 003462) EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 25 Exhibit A.6: Staff’s Recommended Changes to Existing Development Agreement (Instrument No. 2017- 003462) SECTION 6: CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: Owner/Developer shall develop the property in accordance with the original Development Agreement Instrument #1031317116) and the Addendum to Development Agreement (Instrument # 113083665) and the 2nd Addendum to Development Agreement (Instrument # 2016-005060). In addition, the following provisions shall also be required: 1. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11-3A-3 and 11-3H-4B. 2. A minimum 35-foot wide street buffer is required along W. Chinden Boulevard, an entryway corridor and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. 3. A detached 10-foot wide multi-use pathway shall be provided along W. Chinden Boulevard, along the west side of N. Meridian Road, and along the north side of W. Director Street within a public use easement in accord with UDC 11-3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to the City Engineer signing the final plat. 4. Right-of-way (ROW) shall be reserved in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the properties adjacent to Chinden Boulevard. 5. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the assisted living facility is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for the assisted living facility. 6. The two accesses via N. Fox Run Way, a collector street, are allowed as depicted on the site plan. 7. Development of the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way where the assisted living facility is proposed shall be generally consistent with the concept plan shown in Exhibit A.4 of the Staff Report that was approved with the Findings of Fact and Conclusions of Law approved by Meridian City Council on December 6, 2016, attached hereto as Exhibit “B”. 8. A modification of the development agreement is required to include a conceptual development plan for the property located at the southwest corner of W. Chinden Blvd. and N. Meridian Road and at the southwest corner of W. Chinden Blvd. and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (if required) or issuance of any building permits. The concept plan(s) should include a site plan showing access and circulation and a mix of land use types. 9. Construction of the street buffer landscaping and associated 10-foot wide multi-use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. A new legal description shall be submitted for the area remaining in the existing DA (the overall Paramount development including the Veranda property and the C-C property at the southwest corner of Fox Run/Chinden). EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 26 Exhibit A.7: Staff’s Recommended Provisions for New Development Agreement, Legal Description for Property Subject to the New Agreement and Conceptual Development Plan CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: 1. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11-3A-3 and 11-3H-4B. 2. A minimum 35-foot wide street buffer is required along W. Chinden Boulevard and N. Meridian Road, both entryway corridors, landscaped in accord with the standards listed in UDC 11-3B-7C. 3. A detached 10-foot wide multi-use pathway shall be provided along W. Chinden Boulevard and along the west side of N. Meridian Road within a public use easement in accord with UDC 11- 3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to the City Engineer signing the final plat for the phase in which it is located. 4. Right-of-way (ROW) shall be reserved in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the property adjacent to Chinden Boulevard. 5. All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual. 6. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the Encore community pool, clubhouse and activity center is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for these structures. 7. The two accesses via N. Fox Run Way and W. Director St., collector streets, are allowed as depicted on the preliminary plat. Council approvaled of a waiver for the access to the community swimming pool on Lot 86 via W. Director Street is required in accord with UDC 11-3A-3. 8. Development of the property shall be generally consistent with the concept plan shown in Exhibit A.7 of the Staff Report. Site amenities shall consist of a centrally located swimming pool, clubhouse and outdoor activity center for the Encore development; and a future Paramount community swimming pool located at the southwest corner of the subject development. 9. Construction of the street buffer landscaping and associated 10-foot wide multi-use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. 10. The Homeowner’s Association shall maintain the landscaping in all yards within the development to ensure the properties are properly and consistently maintained. A new legal description shall be submitted for the area proposed to be governed by the new DA. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 27 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 28 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 29 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 30 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 31 Exhibit B: Agency & Department Comments/Conditions 1. PLANNING DIVISION 1.1 Within six (6) months of Council’s approval of the amended development agreement findings and prior to submittal of a final plat application, the developer shall sign and obtain Council approval of an amended development agreement and new development agreement that reflects the provisions and updated plan included in Exhibits A.6 and A.7. 1.2 Site Specific Conditions of Approval 1.2.1 Development of the site shall substantially comply with the preliminary plat, landscape plan and building elevations included in Exhibit A, the conditions of approval listed herein, and the provisions of the development agreement. 1.2.2 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3A-7 and 11-3H-4D. 1.2.3 The preliminary plat included in Exhibit A.2, dated: 4/19/17, shall be revised as follows: a. Modify note #7 as follows: “. . . with the exception of Lot 86 85 and 86, which will have access . . .” b. Modify note #12 as follows: “. . . Lots 25, 26, 29-36, 38-39, Block 1. . .” c. Under the Preliminary Plat Data: 1) change the existing zoning from TN-C to R-15; and 2) Remove “proposed zoning” as a rezone isn’t proposed. d. Add a minimum 15-foot wide common lot within the block on the south side of W. Lockhart Ln., west of N. Garbo Ln., to comply with the block face standards listed in UDC 11-6C- 3F.3a. Provide a minimum 5-foot wide pedestrian pathway within Lot 86 adjacent to Lot 103; and within a common lot adjacent to Lot 70 (or within Lot 70) for access from the sidewalk along W. Lockhart Ln. to the sidewalk along W. Director Street. e. Add a minimum 15-foot wide common lot within the block fronting N. Meridian Road for access to the sidewalk along N. Meridian Road from the sidewalk along N. Borgnine Ln. in accord with the standards for gated developments listed in UDC 11-3F-4A.5c. f. Reconfigure Lot 104 so that it doesn’t encroach within the North Slough easement; or, obtain an encroachment agreement with the irrigation district for the lot to encroach. 1.2.4 The landscape plan included in Exhibit A.3, dated: 4/19/17, shall be revised as follows: a. Add a minimum 15-foot wide common lot within the block on the south side of W. Lockhart Ln., west of N. Garbo Ln., to comply with the block face standards listed in UDC 11-6C- 3F.3a. A Depict a minimum 5-foot wide sidewalk with 5 feet of landscaping on either side on Lot 86 adjacent to Lot 103 and within a common lot adjacent to (or within) Lot 70is required per the standards listed in UDC 11-3B-12C for access from the sidewalk along W. Lockhart Ln. to the sidewalk along W. Director Street. b. Add a minimum 15-foot wide common lot within the block fronting N. Meridian Road for access to the sidewalk along N. Meridian Road from the sidewalk along N. Borgnine Ln. c. Depict a concrete pad at the end of the common driveways no more than 5 feet behind the sidewalk sufficient in area to accommodate the receptacles of the residences that take access from the common driveway. 1.2.5 A total of 7.46 acres (or 20.94%) of qualified open space shall be provided with development as proposed. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 32 1.2.6 Site amenities shall be provided for the development as proposed consisting of a swimming pool, clubhouse, outdoor activity area, segments of the City’s regional pathway system along W. Chinden Blvd. and N. Meridian Rd., and common open space above the required amount. Another community swimming pool shall be constructed in the future on Lot 86 for the Paramount development. 1.2.7 A Design Review application is required to be submitted and approved for all single-family attached structures prior to submittal of a building permit application. Design of the structures shall comply with the residential standards listed in the Architectural Standards Manual and the elevations included in Exhibit A.4. One Design Review application may be submitted for the overall development. 1.2.8 An exhibit shall be included in the final plat application that depicts the setbacks, building envelope, and orientation of the lots and structures that are accessed via common driveways as set forth in UDC 11-6C-3D.7. 1.2.9 On-street parking is only allowed on one side of the private streets; “No Parking” signs are required to be installed on the opposite side of the streets. Where medians are proposed at the entries to the development, no on-street parking is allowed and shall be signed accordingly. 1.2.10 Lots 67 and 71 shall have driveways on the opposite side of the shared property line with the common driveway on Lot 70 as set forth in UDC 11-6C-3D.5. 1.2.11 The developer shall meet with Terri Ricks, Land Development (208-884-5533), and Joe Bongiorno, Fire Department (208-888-1234), to discuss wayfinding signage for this development. 1.2.12 A final plat shall be recorded for this property prior to applying for building permits , except for those permits required to construct the Encore community pool, clubhouse and activity center. Certificate of Occupancy for those structures will not be issued until the final plat is recorded. 1.2.13 A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the swimming pool, clubhouse, outdoor activity area and associated parking area. 1.2.14 The side and rear setbacks of buildings along the periphery of the development shall not be reduced per UDC 11-7-4A.1. 1.2.15 A minimum of 80 square feet of private usable open space is required to be provided for each unit as set forth in UDC 11-7-4B. An exhibit shall be submitted with the Certificate of Zoning Compliance application(s) demonstrating compliance with this requirement. 1.2.16 The applicant shall the applicant coordinate with the Fire Department on placement of “No Parking” signs and painting of the curbs red where no parking is allowed so that fire trucks can maneuver the streets (and corners) in the event of an emergency. 1.2.17 As mitigation for the long block face lengths that run along the north side of Pavilion and the south side of Lockhart, traffic calming devices shall be provided that meet ACHD standards. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 33 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 With the development of the first phase as proposed, two points of connection to the existing water system will be required, the first will be a connection to the mainline installed as part of the Paramount Veranda project, and the second connection will be to the water main in Director Street. 2.2.2 The configuration of the water and sewer mains at N. Channing Lane needs to be changed to eliminate parallel / unconnected mains. Service line extensions from the existing mains to the proposed lots would be the preferred method. 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 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 34 EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 35 pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 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 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. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 36 c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. Parking is only allowed on one side or the other of 29- foot wide streets with the opposite side signed and painted “No Parking”. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.11 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4.12 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.13 Obtain approval from the Fire Department for the method of emergency access to the gated development. 5. REPUBLIC SERVICES 5.1 The applicant shall revise the landscape plan to include a concrete pad at the end of the common driveways no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Please contact Bob Olson at Republic Services (345-1265) for additional information. 5.2 Obtain approval from Republic Services for the method of entry to the gated development. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 37 6. PARKS DEPARTMENT 6.1 The developer shall construct 10-foot wide detached multi-use pathways along W. Chinden Blvd. and N. Meridian Road in accord with the Master Pathways Plan. 6.2 If the multi-use pathways are constructed outside of the adjacent right-of-way, a 14-foot wide pedestrian easement shall be submitted to the Planning Division and approved by City Council. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with the requirements of ITD and City of Meridian for any project improvements within the State right-of-way for the US-20/26/ Chinden Boulevard frontage. Submit to the District copies of State right-of-way permits, if any, prior to District approval of the final plat. 7.1.2 Dedicate 37-feet of right-of-way from the centerline of Meridian Road abutting the site. Construct a 5-foot wide detached concrete sidewalk located a minimum of 30-feet from the centerline of Meridian Road abutting the site. Provide a permanent right-of-way easement if public sidewalks are located outside of the dedicated right-of-way. 7.1.3 Reconstruct the sidewalk on Fox Run Way abutting the site to be 5-feet in width or provide 5’ X 5’ turnout areas every 200 feet to meet ADA standards. 7.1.4 Replace any broken or deteriorated portions of curb and gutter on Director Street abutting the site. 7.1.5 Construct one 50-foot wide gated driveway, with two 20-foot wide travel lanes and a 10-foot wide center island on to Director Street, in alignment with Garbo Avenue on the south side of Director Street across from the site. Construct the gate 85-feet north of Director Street, as proposed. Pave the driveway it’s full width at least 30-feet into the site beyond the edge of pavement of Director Street. 7.1.6 Close the existing 50-foot wide driveway on Director Street, located 520-feet west of Meridian Road, with vertical curb, gutter, an 8-foot wide planter strip and a10-foot wide regional asphalt path to match the improvements on either side. 7.1.7 Street name and stop signs are required for the private roads. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. 7.1.8 Direct lot access is prohibited to Meridian Road, Fox Run Way, and Director Street and shall be noted on the final plat. 7.1.9 Payment of impacts fees are due prior to issuance of a building permit. 7.1.10 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. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 38 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right -of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387 -6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 39 Exhibit C: Required Findings from Unified Development Code 1. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to density, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based on comments from the public service providers (i.e., Police, Fire, ACHD, etc.) (see Exhibit B for more detail). e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare; no concerns were presented from the public at the hearing. ACHD and ITD consider road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. 2. PLANNED UNIT DEVELOPMENT: 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 a planned development request, the Council shall make the following findings: a. The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 36 The City Council finds the proposed PUD demonstrates a high quality of development and site design with amenities that provides unique housing options for those 55 and older in the community. b. The planned unit development preserves the significant natural, scenic and/or historic features. The City Council is unaware of any significant natural, scenic and/or historic features that may exist on this site. c. The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity. The City Council finds the proposed use and development of this property will not cause damage, hazard or nuisance to persons or property in the vicinity. d. The internal street, bike and pedestrian circulation system is designed for the efficient and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor place an undue burden upon existing transportation and other public services in the surrounding area. The City Council finds the internal private streets should provide for safe internal access to homes within the development and proposed pedestrian pathways will provide safe bicycle and pedestrian routes adjacent to busy public streets (i.e. SH 20-26/Chinden Blvd. and N. Meridian Rd.). e. Community facilities, such as a park, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. The City Council finds the proposed subdivision amenities (i.e. swimming pool, clubhouse and outdoor activity area) are accessible to residents within the development via internal sidewalks. The future community swimming pool will be accessible to residents within the larger Paramount development via sidewalks and the multi-use pathway. f. The proposal complies with the density and use standards requirements in accord with chapter 2, "District Regulations", of this title. The City Council finds the proposed single-family residential use of the development is a principal permitted use in the R-15 zoning district and falls within the density desired in this area. g. The amenities provided are appropriate in number and scale to the proposed development. The City Council finds the proposed amenities are appropriate for this development and provide a variety of entertainment for residents. h. The planned unit development is in conformance with the comprehensive plan. The City Council finds the proposed PUD is in general conformance with the Comprehensive Plan. 3. PRIVATE STREET In order to approve the application, the Director shall find the following: EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 37 a. The design of the private street meets the requirements of this Article; The design of the proposed private streets complies with the standards listed in UDC 11-3F- 4A. 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 Staff does not anticipate the proposed private streets would cause any hazard, nuisance or other detriment to persons, property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B. c. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. d. The proposed residential development (if applicable) is a mew or gated development. The proposed gated residential development includes a mew. 4. ALTERNATIVE COMPLIANCE (UDC 11-3A-19.2A) In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR While it’s feasible for the applicant to comply with UDC standards pertaining to gated communities, common driveways and alleys, the Director finds the proposed development offers a unique design as proposed. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the planned unit development proposed by the applicant as a whole provides an equal or superior means for meeting the requirements in that it provides a character and diversity in housing that doesn’t currently exist in Meridian. c. 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 means will not be detrimental to the public welfare or impair the intended use/character of the surrounding properties and will actually contribute to the character and variety of housing types in this area of the City. Meridian City Council Meeting BATE: July 18, 2017 ITEM NUMBER: 6V PROJECT NUMBER: ITEM TITLE: License Agreement Between the Nampa -Meridian Irrigation District and the City of Meridian Regarding the Five Mile Creek Pathway, Segment H2 from Badley to Fairview 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 ADA COUNTY RECORDER Christopher D. Rich 2017-072178 BOISE IDAHO Pgs=37 NIKOLA OLSON 08104/2017 09:58 AM NAMPA MERIDIAN IRR1G DIST NO FEE . .° .. • .: :. � LILIIIII I I IIIII IIIIIIIIIiI IIIIIIII II III III IIII III 00393206201700721780370371 AGREEMENT. AGREE MEN` .,-made'and entcre:d into.th�is dtiy o:f , 2017; by and beh��.een.. . NAMI'A 8c MCRIDIAIV .IRRIGATION DISTRICT, an irrigation distric:torganized and eristin under and by virtue. of the"laws ofthe State of Idaho,. hereinafter referred to as the ".District,"'and THL. C[TY OF M`ER[`D1AN, a pglttical subd`visiort an mu1i c:ipFil:ity of the Stote l' Idaho iereina ir:r referred to as=the. "City,; 1V,IT.N. E S S_L~: T H: WWE:REAS: the. parties hereto entered. into a Master P�athwa 'Agreement For Deveao in and p. y._;5 -P 6. Maintainin} Pxths�Ays for publ,ic;.use along and across some of the Distr>ict's ditches and within somc'of the Di strict'_s a sernents anti fcc.title lands dated D7 cemb:er.l9, 2000, recorded as instrument No..1..00102999,_ records of Ada,Cou:rtty; [daho,: he�6inaft r referred to as the "Master. Pathway Agreement;"`,and, WHEREAS, tltit District and the C-ity intended by entering the M;astcr pathway Agreement. to aeco olislt. then followins. ;in .a -manner that is consistent with their respective legal and. f duciary responsibilities; to enhance the C'sty's pathway;planoing though early consultat.ion� between the City and the Iastre ; to establish a pros,cas for lte City's submission of pathway requests and the t7istried's consideration of:such.requests; and to: provide .the general conditions'.fur the District's Approval and authorizatt:on of patliw.ay requests a Y'ecting :ttie District's ditches; property, operations and maintenance; Find; ; WV ER. EAS; the District grants 'to the City the ri6ht develop .pathways to encroach, within the District's easements along and. across the. District's ditches, canals and easements. therefor upon the Wrms and toad itions of said Master Pathway At;rc mettt'and.after the execution of an:asreement for each proposed crossing and encroachment; and, WHEREAS, tine City is' the owner cif the�rea.1 property easenica/ right of way ('burdened with the easement of file District.h;ere nafter mentio:nco) particularly described. yin the "Lego! Description" attached hereW as Exhibit A and by this. refcrehce made a part hereof; and, . WKREAS,. the Distr�i't controls the irrigation/drainage' ditch. or canal known as. the FIVE M[LE ° DRAIN (.hereinafter referred. -to as:"ditch ,or canal") together with the real property and/or easement-, to convey :irrigation and drai.na[;e, water; to operate and maintain the ditch or canal, and which crosses and nierseets:saiddescr bed'rcai property,ofthe Cityas shown on Exhibit B attaches[ hereto. and by this reference : . made a part hereof; and, WHEREAS, the.City desires approval to construct, install, operate and maintain a paved path►vay within the D stric.t's easemcnt-for'the Five Mile Drain under the•terms andconditions of said MasterTathway Agreement.,Alid.those'hereinafter set forth, AGREIE.W NT- Pagel . NOW, THEREFORE, grand in consideration of premises und.oth.e covenants, n�reemen.ts and'. �condit oins heremaft— set forth and those.e forth .in said LVtaster fatliWay Agreementthe parties.hereto - .aigree as•.fol;loWs. 1 The City may constru'et; operate, n ai:ntain and repair a:10 foot :widr pedestrra_n pathway - within the Distrlct:'.s real :property and/or easement for the Five Mile.:Drain from. Badley Ave to Fairview. Ave,:anl. as 'art.ofsaid: pathway_ construct, operate, maintain and. repair brick retaining walls,and-asix.foot- " (,5') wrought iro:n fence within.the District's easement for the Five Mile Drain, located south of the i'nterseetion 0 the Frvcr Nfilc Drain and Fairview Awcnue in Mcr dian,.Ada County, Idaho, ZAny construction,' widening or-cros'sing'.,or said ditch or canal sh'alf be p€efornied; in.: .4c rdAncewithAie ` Speciii[ Conditions stated in Exhibit. C,. attached hereto, and by this refercnce trade J.' The -pear -fitted. hours of use of the. pathway shall be from cine hat'f hour before sunrise ,and orie half hour a6er sunset. . 4.,:.. The, parties .hereto incorporate in and make part of this;Agreement. all .the 'covenants, condition. s;. and agreeonents of saidriaster .Pathway Agreement unchs�rified-except as the , result, .ofthe Provisions ofthis-Agreement: The covenants :con,diti:o.ns'and agreements herein. contained Lind incorporated by reference shall, con'Sfitute covcriaats to run w"it1t, and running with, all o:ftttc: iands,of file City described in said Exhibit A,, and shah be,bindu on each ofth.e parties hercao and.on alI parties:and ail persons claiming, under them or itl er of them,. anl. the 'hereof shall. inure ao tile bciicfit of each of the parties, hereto:nnd their respective successors. and as-' .5 . IN WIT—KESS WHEREOF; the District'has hereunto caused. ,ts corporate name to be subscribed by. its off leers f t her.reunto:duly authorized ,by, resolutioo of its ,Board of .Directors and the.City' has he'reuntb subscribed its'corporate. ,name.to b:e.subscribed: and its -seal to be of fixed :thereto, all as of the day and year tterei:n ;F rst :above: written. . NAMPA & MERIDI N RIGATIONI DISTRICT p Its Presidetat ' ATTEST; l� Its: :S,ircretary THECITY OF ME.RiDiAN By AGREE�VIENT Rage2. �Pt�pAUG .0 c V ci E . IDIAN._ ATT QSTSEAL �. of the Tit STATE. OF .IDAHO i. SS' County of Canyon on: this a day of : 201.•7; before me, the undersigned, a:Niitary Public in aridfor said 'State personally appeared VI!� f. P.ettcrs�n'; and �,.Darea R: Coon, known. to rrte to be the;:Pres dent,and: Seceeta,ry, respectively; .of NAMf'A & .MERIDIAN IRRIGATION DISTRICT; the irrigation district that executed: the foregoing, instrument and acknowledged tome that such irfigat:ion district executed the same. IN WITNESS W HEREOF, L have hereunto set my band and a.ff xrd my of c ial seal, the day and year m this certrfieate first above w:rittett P ,.. .•• tib, _ _ �� `j',•• otary Publ ic. fog- Idaho %OTAAy g Residin at .Idaho = �.•� _ My Commission Expires: � '%B0G O STATE OF IQAIt0 •.• ��. Coup of Ada ��� �E of. • ty } On this; day of . 1�-� , 20 i 7, before me, the undcrsi ned,..a Noturylubiic in and for 'l said State, personally appeared _Tcv. rYl • � �c and S known.to: me to.be the: and _�_A,; ; respectively, ofThc CITY OF MERIDIAN,, the entity that executed the foregoing instrument and. ucknowIedged to me that. such, entity cxccmcd the same. -IN WITNESS t►�EiEREt3F,;I have:hereu�ito setmy hand and aft:ixed my official seal, th.�; dayand year in,th-gs cerfiFcate f rst above'written. VAC h �•! ••� Notary Public ..or .� • Residing at O, • M Commission Ex ices; AGRE_E'MENT-Page.3 EXHIBIT A Legal Description A right-of-way/easement within Section 7, Township 3 North, Range l East, B.M., Ada County, Idaho as more particularly described in the description attached hereto as Exhibit A-1 and by this reference incorporated herein. EXHIBIT B Location ol'Property/Drain See Exhibit C -I attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. The District's easement along this section of the Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT - Page 4 tola 791 kk ADA COUNTY RECORDER Christopher D Rich 2017-022347 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 0311612017 11:15 AM CIN OF MERIDIAN, IDAHO NO FEE RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this —L day of M6,rc A , 2017, betwcon Initial Point Owner's Association, Iinc,, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH! WHEREAS, Grantor is the owner of real property on portions of which the City of Merldiah desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Gfantee will construct the pathway improvements upon the basement described herein; NOW, THEREFORE, the parties agree as follows; 1, Grantor does hereby grant unto the Grantee an easement on the following property, desetibed do Exhibit "A' and. depicted on Exhibit "B" attached hereto and incorporated herein upon tha terms and conditions set forth. 2. The easement hereby granted is for the piirpote of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" '("Pathway"). The authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human- poWered vehicles or devices, Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or forconstfuction, maintenance or repair work by Grantee of the Pathway and landscaping and related improyements. 3. The Pathway and related improvements shall be constructed, operated, maintairled, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State. of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the eonsthuction, operation, maintenance, repair and cleaning of the Pathway and related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Geantor shall have no obligation or responsibility for payment of any such costs or expenses. 5. Grantee agrees to construct, operate, maintain and repair the Pathway. and -any facility; and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT - I Exhibit A—Lr page 2 6. Grantee agrees, to the extent allowed by law, to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with ail federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which may be applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours of use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use and any ordinances which apply to the public use of the Pathway. 10. Grantee hereby covenants and agrees that a fence following the irrigation easement shall be installed by the Grantee. The fence design shall be acceptable to the Grantor, the Initial Pointe Board of Directors. 11. The Grantor hereby covenants and agrees that it 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. 12. The Grantor hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 13. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 14. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 15. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT - 2 Exhibit A—I, page 3 GRANTOR: Initial Point Owner's Association, Inc. Kay Ball d, President STATE OF IDAHO) } ss County of ADA On this day of 2017, before me, the undersigned, a Notary Public in and for said State, personaUAppeared Kay Ballard, known or identified to me to be the person who executed the within instrument, and acknowledged to me that She executed the same. IN WITNESS WHEREOF, I have day and year first above written. ,OVT AR meow -PU BTW$ 20 or RECREATIONAL PATHWAY EASEMENT - 3 to set my hand NOTARY P' Residing at-.- Commission t:_Commission Exhibit A-1, page 4 affixed any official seal the p QRANTSE: CITY OFUERIDLAN Tammy de Wer , Mayor �4 URE VA�4�i Audit by C y Coles, City Clerk / Approved By City Council On: _. r �291Z STATE OF IDA110 ) ss. Comity of Ada ) On this -LT-"day of. L iQ--r .�l , 2017, before me, the undersigned, u Notary Public in and for said State, personally appeared TAMMY DE WEERD and CJAY COL,ES, 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 samq. IN WITNESS WIM"OF, Z have hereunto set my hand and affixed my official seal the day and year first above written. RECREATIONAL PAMWAY EASEMENT - A 104 - NOTARY PURL C FOR IDAH . Residing at: AJtGell!l�, Commission Expires: $`,22'40--a Exhibit A--1, page 5 EXHIBITA EASEMENT DESCRIPTION AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NEI/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN. AND BEING A PART OF LOT 1 OF BLOCK i OF INITIAL POINT SUBDIVISION IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MONUMENT MARKING THE NORTHWESTERLY CORNER OF SAID NEIA: THENCE S0034'26'W, ALONG THE WESTERLY BOUNDARY OF SAID NEI/4, A DISTANCE OF 566.96 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 1: THENCE LEAVING SAID WESTERLY BOUNDARY S89.25'32"E, ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF 33.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S89°25'32"E, 21.01 FEET; THENCE ALONG A 104.14 FOOT RADIUS NON -TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD BEARING OF S07024'56"E, 28.95 FEET, THROUGH A CENTRAL ANGLE OF 15°56'45", AN ARC DISTANCE OF 29.04 FEET: THENCE SO -34'26!W, 77.63 FEET TO THE: SOUTHERLY BOUNDARY OF SAID LOT 1; THENCE N89042'56"W, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY N04'34'26"E, 77.74 FEET TO A POINT OF CURVATURE; THENCE ALONG AN 64.14 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 19.55'16", AN ARC DISTANCE OF 29.25 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 2,136 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY OTHER EASEMENTS EXISTING OR IN USE, Drawn By COK RECREATIONAL PATHWAY EASEMENT 'Nnlol1 A Checked By. _ rise � Date - 1111211rise GRANTOR: INITIAL POINT OWNERS REF SHEET# uVINGSTON.MT ASSOCINC CTA # CDM 5MC (408)2-014 05HE!~T# ZZ Cad Flfe: syal coMcFex(408U-01 GRANTEE: CITY OF MERIDIAN Exhibit A-1, page 6 9 EXHIBIT B E. FAIRVIEW AVENUE S. 1/4 S.B ,"j- 7 POINTOF COMMENCEMENT i r r I r r , r , [)NPLA'I'fT'I:) e CIS I co a � t� N {l M �i U) IP GRAPHIC SCALE 100 0 50 100 200 ( IN FEET ) I Inch ^ 100 ft. BASIS OF BEARINGS IS INITIAL POINT SUBDIVISION PLAT - WEST LINE OF LOT I LEGEND • FOUND PROPERTY CORNER o UNMONUMENTED EASEMENT CORNER PROPERTY BOUNDARY — — — --- EASEMENT LINE SUBDFV[SION ` l589°2S'32"E 33.96' ENSL LArV 1`S89°25'32"E 21. LOT 6 LOT 1 o��� BLK 1 BLK 1 F sot�N �. rlvi hll. G REEK ` , �S A F-RauFl;Tv I�aurlUAav � L=29.04, R=104.14 CXIS E 11JG OPERATIONS AND ' CH = S07°24'56"E, 28.95' hlA&ITENANCE EASF.hIFNT 1 .UR'IVFMrLECREFIC i 1' 1�=15°5$'45" 11d I. 140.760M),li ' Ir"20' iur), wl1)C • A.5 LACI 151FSFj I POINT OF BEGINNING)� , I r SO° 34 26'W 77.63 L=29.25, R=84.14 I A=19055'16" I NB9°42'56"W 20.04' N01334126"E 77.74' 211'rI Yrel MEI;IUTANRt•GREATIONALNA11(WAY LASEMChI1' r. f 14F MILE CREEK—/It'll F. plu 11111920 17 � I Drawn By cnlc RECREATIONAL PATHWAY EASEMENT "IBI B Checked By eSe ._ GRANTOR: INITIAL POINT OWNERS aEFsxEETN Data ,v,lzns CTA # caM imc eolse, la ASSOC INC U8,339.4900 GRANTEE: CITY OF MERIDIAN 9FiEETq Cad File. COMC5V01 Exhibit A-1, page 7 ADA COUNTY RECORDER Christopher D. Rich 2017.022346 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 0311612017 11:15 AM CITY OF MERIDIAN IDAHO NO FEE RECREATIONAL PATHWAY EASEIVENT THIS AGREEMENT, made and entered into this 4 day of MC -,-01 , 2017, between Paramount Property and Assets LLC, hereinafter referred to as "Grantor", and tha City -of Merldlan; an Idaha municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish the pathway And provide connectivity tor present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; NOW, THEREFORE, the parties agree as follows: I . Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depleted on Exhibit "B" attached hereto and incorporated herein upon the terms and conditions set forth. 2. The easement hereby granted is fox the purpose of providing a public recreational pathway an the property described and depicted in Exhibits "A" and "B" ("Pathway"). The authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other buman- powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access bylaw enforcement personnel or for construction, maintenance or repair work -by Grantee of the Pathway and landscaping and related improvements. 3. The pathway and related improvements shall be constructed, operated, maintained, rgpaired and cleaned at all tunes by Gfantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho, and within the conditions stated herein. 4. All costs and expenses involved tri the construction, operation, maintenance, repair and cleaning of the Pathway and related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. 5. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property, VX CREATIONAL PATHWAY BASTMErq- t Exhibit A—1, page 8 6. Grantee agrees, to the extent allowed by Iaw, to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with ail federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which maybe applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours of use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use and any ordinances which apply to the public use of the Pathway. 10. Grantee hereby covenants and agrees that a fence following the irrigation easement shall be installed by the Grantee. The fence design shall be acceptable to the Grantor. 11. The Grantor hereby covenants and agrees that it 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. 12. The Grantor hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 13. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 14. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 15. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATEiWAY EASEMENT - 2 Exhibit A-1, page 9 GRANTOR: Paramount Property and Assets LLC STATS OF IDAHO) ) SS County of ADA ) On this. - %' RP day of UquQi , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Jared McDaniel, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. [kiftau) EqAlw1h) NOTARY PUB FOR IDAHO Residing at: f14 R COl1 r Commission Expires:. 10-01 PX1 Mi ATiONAL PATHWAY EASEMENT - 3 Exhibit A-1, page 10 GRANTEE: CITY OF MERIDIAN Tammy de )er?d, Mayon Coles, City Clerk Approved By City Council On: _ �/ I, -f / �0r7 STATE OF IDAHO ss. Cpuaty of Ada ) On this LLA"' day. of Ma r h , 2017, before mc, the undersigned, a Notary Public in and for said State4 personally appeared TAMMY DE'WEERD and C.JAY COLES, krsown to, m6 to be the Mayne and City Clerk, respectively, of rhe City of Merldian, Idaho, and .who executed the within instrument, and acknowledged to me that the. City of Meridian executed the same. IN WITNESS WHEREOF, I have hercupto set my hand and affixed my official sea] the day and yeat first abovd Writtdn. +•+.soon*•• .• �LLE�r••. % 19 +,++pF.iDAi ��• RECRIWIONAL PATHWAY EASEMENT - 4 NOTARY PUBLIC FOR IDAH Residing at: �m.O 6kaALi, Job—M Commission Expires- 6--25'-a0&2 Exhibit A-1, page 11 �,XHIBIT A EASEMENT DESCRIPTION AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NE114 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AND BEING A PART OF LOT 6 OF BLOCK 1 OF INITIAL POINT SUBDIVISION IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MONUMENT MARKING THE NORTHWESTERLY CORNER OF SAID NE114; THENCE SO°34'26"W, ALONG THE WESTERLY BOUNDARY OF SAID NEI 14, A DISTANCE OF 500,70 FEET TO THE POINT OF BEGINNING; THENCE S5601 0'59'E, 14.29 FEET TO A POINT OF CURVATURE; THENCE ALONG A 104.14 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 40°46'40", AN ARC DISTANCE OF 74.11 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 6: THENCE N89"25'32"W, ALONG THE SOUTHERLY BOUNDARY OF gAID LOT 6, A DISTANCE OF 21.01 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY ALONG AN 64.14 FOOT RADIUS NON -TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD BEARING OF N37°45'54"W, 53.17 FEET, THROUGH A CENTRAL ANGLE OF 36°50'09", AN ARC DISTANCE OF 54.09 FEET; THENCE N56010'59"W, 1.16 FEET TO THE WESTERLY BOUNDARY OF SAID LOT 6; THENCE NO'34'26"E, ALONG THE WESTERLY BOUNDARY OF SAID LOT 6, A DISTANCE OF 23.91 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 1,437 SQUARE FEET, MORE OR LESS. AND IS SUBJECT TO ANY OTHER EASEMENTS EXISTING OR IN USE. pEPIa'eG�. / 40" 1 a -qrsc) OF urawn ejySiRECREATIONAL. PATHWAY EASEMENT Checked By----Uo A Date 1u12r1sNil GRANTOR: PARAMOUNT PROPERTY ReFssiEETn CTA# roM 55Mg IIVINGSTON,MT AND ASSETS LLC (406)222-0104 GRANTEE: CITY OF MERIDIAN SHEET Cad Flle: cOMCSv01 Fsx (406)222-1007 Exhibit A-1, page 12 EXHIBIT B GRAPHIC SCALE 0�5 `c;f1�;tiG{,fl 30 0 15 30 6D Q. f { IN FEET ) ,•Lar) 1 Inch - 30 IL ,► f = BASIS OF BEARINGS IS INITIAL POINT O or ti 1h SUBDIVISION PLAT - WEST LINE OF LOT B 114 S.6 S.7 POINT OF COMMENCEMENT LOT l U14PI,A'I7E0 BLIP 1 r-m.3TING 0i'ERA00Id1 AND Lf) LEGEND MAIN I FNAIFICF EASEh.IE N -ror, f IVC 01 C CWrK $111!1; . No. � UNI, CG • FOUND PROPERTY CORNER (41'WIOF •nr� FACIISlOfI o UNMONUMENTED EASEMENT CORNER CD PROPERTY BOUNDARY -- -- -- — EASEMENT LINE POINT OF BEGINNING S5601 0'59"E 14.29' LOT 6 BLK 1 N0°34'26"E '23.91' ` 4 ClIf L=74.11, R-104.14 \\ 0=40°46'40" �� �( INITIAL POINT SUI3CIVl ION i INC MILE CRLrK 8 PRO(JERT`d BOUNDARY-` N56°10'59"W 1.18' L=54.09, R=84.14 CH = N37°45'54"W, 53.17' A=36"50'09" _ 1 , LOT Frew_ 0,111 CAW( — ti „� 4 + N89025'32"W 21.01' BLK 1 Drawn By noK RECREATIONAL PATHWAY EASEMENT HI T B Checked By GSa _ � GRANTOR: PARAMOUNT PROPERTY REF SHEETp Date AND ASSETS LLC CTA # _ COM 5MCQOISE• f0 SHEETU Cad File: COMCSVQL 208 3,36,4900 GRANTEE: CITY OF MERIDIAN Exhibit A-1, Page 13 ADA COUNTY RECORDER Chnstopher D. Rich 2016-109496 BOISE IDAHO Pgs=B DAWN TRIVOLIS 11110120/6 02:10 PM CITY OF MERIDIAN IDAHO NO PEE litt,C1REATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this —q_ day of 0116"7b?*- 2016, between Jasper and Arlene Yuan, hereinafter referred to as "Grantor", and the City ofMerldian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish the pathway acid provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; NOW, THEREFORE, the parties agree as follows: L Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein upon the terms and conditions set forth. 2. The easement hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"). The authorized uses o f the Pathway are limited to walking, jogging and riding bicycles or other human - powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by low enforcement personnel or for construction, maintenance or repair work by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and related improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway and related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. 5. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT- t Exhibit A-1, page 14 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of ` 2016, between Jasper and Arlene Yuan, hereinafter referred to as "Grantor", and the City ofMerldian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; NOW, THEREFORE, the parties agree as follows: 1. Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein upon the terms and conditions set forth. 2. The easement hereby granted is for the purpose orproviding a public recreational pathway on the property described and depicted in Exhibits "A" and 'B" ("Pathway"). The authorized uses of the Pathway are limited to walking, jogging and riding bicycles orotherhuman- powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair workby Grantee ofthe Pathwayand landscaping and related improvements. 3. The Pathway and related improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway and related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. $. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT- I Exhibit A-1, page 15 G. Grantee agrees, to the extent allowed by law, to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which may be applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours of use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use and any ordinances which apply to the public use of the Pathway. 10. Grantee hereby covenants and agrees that access from the Pathway to the property addressed as 715 E. Fairview Avenue shall be prohibited and will enforce the prohibition by installing a fence or barrier acceptable to the Grantor. H. The Grantor hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs orflowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 12. The Grantor hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereofor which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 13. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that is lawfullyseized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 14. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 15. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT -2 Exhibit A-1, page 16 GRANTOR: Jasper Yuan GRANTOR: Arlene Yuan Arlene Yuan a_ ffi'r- i cordr"i STATE OF ARIZONA) CvM66<rzo r County of 114ar�eepa On this dayof ,nr7 ob n, . 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared JasperYuan, Iasown oridenti6ed to me to be the person who executed the within instrument, and acknowledged to me that he executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Mitchell J.HowardFOR� Notary Puhllc Residing at: ri��Pi �✓r Cumberland County, NC Commission Expires: _ t1�-G 3 c My Cvmmisslon Explrea 0428-2020 STATE OF ARIZONA) ) as County of Maricopa ) On this day of, 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared ArleneYuan, lnowaor identified to me to be the person who executed the within instrument, and ackmowledgcd to me that he executed the same. IN 1MTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR ARIZONA Residing at: Commission Expirea: RECREATIONAL PATHWAY EASEMENT -3 Exhibit A-1, page 17 GRANTOR: Jasper Yuan Jasper Yuan GRANTOR: Arlene Yuan Arlene Yuan STATE OF ARIZONA) ) 9s County of Maricopa ) On this day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Jasper Yuan, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR ARIZONA Residing at: Commission Expires: y% K STATE OF iU=NA) Cctl i o r^ 2 ss County of lbia MPW ) L cs Ae%,sef-s On this day of Odc)ber , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Arlene Yuan,18"or identified to me to be the person who executed the within instnuncnt, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. VANGSOGN RHEE Commission # 2095090 NOTARY PUBLULFOR Cad. gorm R Y:M _a Notary Public-Caltlomlo Residingat. Lias cn%S Cav4`-f Los Anplas county Commission Expires: o I MY Comm. Exptras Jan 23.2019 RECREATION PATHWAY EASE E -3 Exhibit A-1, page 18 GRANTEE: CITY OF MERIDIAN GQ��pRAiEDq`cG Tammy, de W , Mayor 004"C' A�, CAS AttesNay C,Jay (Doles, City Clerk Approved By City Council On: lv V 6elr �1 STATE OF IDAHO ) ss, County of Ada ) On this �t day of M OVI'_MY V r'__ 2016, 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 Cleric, 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. RECREATIONAL PAMWAY EASEMENT - 4 nmL2i2 uj2lb NOTARY PUBLIC FOR MAHO Residing at:!' n �q.rr1�) Commission Expires: s5-0 ,46 CIA_ Exhibit A-1, page 19 EXHIBIT A EASEMENT DESCRIPTION AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NW114 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AND BEING A PART OF THAT PARCEL DESCRIBED IN WARRANTY DEED RECORDED ON SEPTEMBER 29.2014 AS DOCUMENT NO. 2014.079117 IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MONUMENT MARKING THE NORTHEASTERLY CORNER OF SAID NW114; THENCE SO"34'26"W, ALONG THE EASTERLY BOUNDARY OF SAID NW114, A DISTANCE OF 50.01 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL; THENCE S89000'44"W, ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL, 282.91 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY SO'26'37'E, 296.54 FEET; THENCE S61058'02"E, 293.99; THENCE S56'10'59"E, 19.93 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE S003416"W, 23.91 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE LEAVING SAID EASTERLY BOUNDARY N56'10'59"W, 32.03 FEET; THENCE N61°58'02"W, 304.89 FEET; THENCE NO'26'37"W, 308.25 FEET TO THE NORTHERLY BOUNDARY OF SAID PARCEL; THENCE N89'00'44"E, ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL, 20.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 12,558 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY OTHER EASEMENTS EXISTING OR IN USE. 4 13- B14 - J Drawn By CD K RECREATIONAL. PATHWAY EASEMENT " A Checked By GS GRANTOR: JASPER YUAN &REF SHEET# Date 11117115 ARL ENE YUAN CTA # COM 5MC LIVINGSTON, MT (anelzzz-Dona GRANTEE: CITY OF MERIDIAN SHEEra Cad Fife:. coMasvoo RIX (406)222.1007 Exhibit A—l.► Pa9G 20 i GRAPHIC SCALE so a 40 so lea ( IN FEET ) 1 inch — BO fL BASIS OF BEARINGS IS INITIAL POINT SUBDIVISION PLAT- WEST LINE OF LOT 9 �N89000'44"E 20.00' •S89°00'44"W 282.91' POINT OF BEGINNING LEGEND N& EXHIBIT B POINT OFCOMMENCEMENT 914 S.B 5 �_—So°34'26"W 50,01' 1 I.)I II )(VI Iy1!o- S56010'59"E 19.93' t ' 110 ,dil I r, N: r'K r 3p4 9 � � SO034`26"W 23.91.' :�rutrrr.ualr•al,�r1' - � :.{�I!' I� 1'451IFIC.r)r;'frnsrsnl„Al MAIN 11 r•lrV%l( f lA:&1,1rVT (11P FIVF_ !III I ( 161 U > li•1:,1, Nt 1 7rsllll�li5 � . •?;t} `', {'+IY+:VIIII- •1'. CAs.rI .II r j fir. •� 5 • N56°10'59'W 32.03' Drawn By COK RECREATIONAL PATHWAY EASEMENT _XHIBIT B Checked By rase Ewe:; D8=$ 1111sns GRANTOR: JASPER YUAN & REFSHEETi1 ARLEN E YUANAN CTA # -- -- s, QM AMC WISE. to 2a8.338.49W SHEEiq GRANTEE: CITY OF MERIDIAN Cad FIle: caMcsvni Exhibit A--1, page 21 • FOUND PROPERTY CORNER E.`= o UNMONUMENTED EASEMENT N I j: PROPERTY BOUNDARY EASEMENT LINE UNPLATTED I �w DOC.NO.2014-079117 { i;M ;1V I 4; I 'dL N& EXHIBIT B POINT OFCOMMENCEMENT 914 S.B 5 �_—So°34'26"W 50,01' 1 I.)I II )(VI Iy1!o- S56010'59"E 19.93' t ' 110 ,dil I r, N: r'K r 3p4 9 � � SO034`26"W 23.91.' :�rutrrr.ualr•al,�r1' - � :.{�I!' I� 1'451IFIC.r)r;'frnsrsnl„Al MAIN 11 r•lrV%l( f lA:&1,1rVT (11P FIVF_ !III I ( 161 U > li•1:,1, Nt 1 7rsllll�li5 � . •?;t} `', {'+IY+:VIIII- •1'. CAs.rI .II r j fir. •� 5 • N56°10'59'W 32.03' Drawn By COK RECREATIONAL PATHWAY EASEMENT _XHIBIT B Checked By rase Ewe:; D8=$ 1111sns GRANTOR: JASPER YUAN & REFSHEETi1 ARLEN E YUANAN CTA # -- -- s, QM AMC WISE. to 2a8.338.49W SHEEiq GRANTEE: CITY OF MERIDIAN Cad FIle: caMcsvni Exhibit A--1, page 21 ADA COUNTY RECORDER Chrillopher D. Rich AMOUNT .00 12 BOISE IDAHO 11110111 11:50 AM DEPUTY *Id Allen III IIII�II��Ill�lllllllllll�l�ll11ill RECORDED—REQUEST OF 111 @92017 Merldien CIO RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this g day of —1Vewn&e.✓ , 2011, between Sterling Creek Homeowners Association, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway, and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; NOW, THEREFORE, the parties agree as follows: 1. Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein upon the terms and conditions set forth. 2. The casement hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"). The authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human - powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and its improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway, landscaping and related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. 5. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT - I Exhibit A-1,page 6. Grantee agrees to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which maybe applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours of use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use and any ordinances which apply to the public use of the Pathway. 10. Grantee hereby covenants and agrees that access from the Pathway to East Inez Place shall be prohibited and will enforce the prohibition by installing a fence or barrier acceptable to the Grantor. 11. The Grantor hereby covenants and agrees that it 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. 12. The Grantor hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereofor which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 13. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 14. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 15. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT - 2 Exhibit A -I, page 23 GRANTOR: Syte r61J, OA BY: FAY- ARIE CHESTER Its: President STATE OF IDAHO ) ss County of Ada ) On this 110- day of 0CM be lr . 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared FAYE MARIE CHESTER, known or identified to me to be the President of the Association that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. RECREATIONAL PATHWAY EASEMENT - 3 NOTARY PUBUC FOR IDAHO Residing at: -CL. Commission Expires. r Exhibit A-1, page 24 GRANTEE: CITY OF MERIDIAN Approved By City Council On:t�ixv' STATE OF IDAHO ) ss. County of Ada ) On this _day of -� `-- , 2411, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and' ft% -MAN, 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) �•',�., 0T�AR .�,,`,'� NOTARY P iC FOR IDAHO. • �'' Residit��'I� ■ Commission Expires: • tD .. * s OF**, .• RECREATIONAL PATHWAY EASEMENT -4 —w:_ t ----A- 7r. Pages 25 EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO STERLING CREEK H.O.A. PARCEL NO.2 An casement for pathway purposes located in the NE %. of Section 7, Toa ship 3 North, Range 1 East, Boise Meridian, and being a part of Lot 38 of Block 1 of STERLING CREEK SUBDIVISION as shown in Book 77 of Plats at Page 8100 in the office of the Recorder, Ada County. Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said NE Y, from which a brass cap monument marking the southwesterly corner of said NE 'A bears S 0°34'21" W a distance of 2694.30 feet; Thence S 0°34'21" W along the westerly boundary of said NE '/4 a distance of 673.58 feet to the northwesterly comer of said Lot 38; Thence leaving said westerly boundary S 891143'02" E along the northerly boundary of said Lot 38 a distance of 39.01 feet to the POINT OF BEGINNING; Thence continuing S 89°43'02" E a distance of 20.00 feet to the northeasterly corner of said Lot 38; Thence S 0°34'21" W along the easterly boundary of said Lot 38 a distance of 340.52 feet to the southeasterly corner of said Lot 38; Thence N 89'25'39" W along the southerly boundary of said Lot 38 a distance of 20.00 feet to a point; Thence leaving said southerly boundary N 0°34'21" E a distance of 340.42 feet to the POINT OF BEGINNING. This parcel contains 6,809 square feet (0.156 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated �3�;�', �.; • October 17, 2011 rr R EXHIBIT "A" fir- Page 26 _Q L j U-1 S \Ld ce-0�- LL w 0 zz CD 0 w �-- 0-F Ir UzV— Ln L2J Q Li 0w0 Q U �O - 2 Q Q 0-Q0 �-0Z Z - 4 po a_ m < 1- 00= OEV) <:2 0 LL O O U � � Yeo V Q) V) LL - 0 1/4 a1 e wmmc SIMNB CREEK SLM MS14H s 36 ss _ 6WCK 1 36 37 N ea•zs 39 w V OLU AYE UE c 1/4 EXHIBIT `B" Exhibit A -I, page 27 IAA --3 1 fn A 1 2 � Z %} - 0 Imli 7 c- ■ 0 rA W # sr Z 3 1 Fa m 8 n m m W � I �fE;#a1g�?ufs�- filf6�ifl��# �■ ■fd� IWI ■eae f t io-E LA i �� �flf �Ej� ili:lii!lt11Y}�� ��; �,- ■� 1111 IiifiiYYi1!e �+ 0. •.�.�.. ..i .IJd r n rA c ,A ' ' Exhibit C-1 e A5 l�ErFAIRVIEW AVE _ lull i r; � �b4{i0=ii i� e. rn dsr ; ja:r rs Ila _ J l IF qS v 8 1 Est �ass9tis G"" s�. . •a wig ti v g A !r ! G u � � ji�J ti fi j7a \. s• 5 MT f • { so >•, m r+ �Y-!'-4!�1"`^' PPP j of I''i C1 t�QQQW eo (Do O o O 0;" 1 7 /¢ f i �S 5 aJ o ,i p�§� • a� j. g b� z cm 3mf� ��9I gq' z E G] 2 dc a j } z c � l it 0 [ri7,1t'� M D V Fit _a ,+OISvl1:J73 m io z :0o g m War= a[f z ida� � Fy � � Q � • [ IF qS v 8 1 Est �ass9tis G"" s�. . •a wig ti v g A !r ! G u � � ji�J ti fi j7a \. s• 5 MT f • { so >•, m r+ �Y-!'-4!�1"`^' PPP j of I''i C1 t�QQQW eo (Do O o O 0;" 1 7 /¢ f i �S 5 aJ o ,i p�§� • a� j. g b� z cm 3mf� ��9I gq' z E G] 2 dc a j } z c � l it 0 [ri7,1t'� M D V Exhibit C-1 fr. I II Ill Fit Exhibit C-1 fr. I II Ill zdl o®o©o 0UO00 m } ?A BE I • a 1114F g L- k ------------ -------_--- } ?A BE I • a 1114F g L- k ------------ -------_--- k I � ' w p.a i � 4 ail pi 2 E BADLEY AVEa 3 5 d I cn a T7iA3�X;8�3;1�= R Dit t�i� ', al ZI I —� 11�i I , • �6� l'O°R•ag CC -4 M - '; it , lif, Wxhibi.t C-1' rece� 0 uwr t 3 � A� It 7 I —� 11�i I , • �6� l'O°R•ag CC -4 M - '; it , lif, Wxhibi.t C-1' rece� 0 } 3 � A� It 7 y e,, 73: Y■ all n PHIKI, F I 'O } 3 � A� 7 e,, Y■ Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 8A PROJECT NUMBER: H-2017-0075 ITEM TITLE: Healthy Living Condominiums Public Hearing Continued from July 5, 2017 for Healthy Living Condominiums (H-2017- 0075) by The Boise Family YMCA Located 5175 S. Howry Lane 1. Request: Short Plat Approval to Condominiumize a Structure to Accommodate Separate Ownership for YMCA and St. Luke's MEETING NOTES c✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: July 18, 2017 Item # Project Number: H-2017-0075 Project Name: Healthy Living Condominiums Pleaseour rint name For Against Neutral Do you wish p Y 9 to testify (Y/N Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 8B PROJECT NUMBER: H-2017-0076 ITEM TITLE: Healthy Living Subdivision Public Hearing Continued from July 5, 2017 for Healthy Living Subdivision (H-2017-0076) by The Boise Family YMCA Located 5175 S. Howry Lane 1. Request: Short Plat Approval Consisting of Two (2) Building Lots and One (1) Other Lot for a City Park on 17.48 Acres of Land in the C -N (Neighborhood Business) Zoning District MEETING NOTES u7 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: July 18, 2017 Item # 813 Project Number: H-2017-0076 Project Name: Healthy Living Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Information Technology: Mobile Device SOP 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 Mobile Device BCA Form - 05/2016, 04/2016, 03/2016 MOBILE DEVICE BUSINESS CASE ASSESSMENT FORM In order to approve requests for mobile device issuance and/or reimbursement that meet the guidelines outlined in the City Mobile Device Standard Operating Procedure, please provide appropriate justification according to one or more of the following criteria: I. Definitions a. Mobile Device = The use of City of Meridian’s mobile devices and systems, including computers, smart cell phones, basic cell phones, laptops, tablets, air cards, other assigned electronic devices, and all forms of Internet/Intranet access, is provided to employees for the benefit of the City of Meridian, so is to be used for the City’s business and for authorized purposes only. b. City Owned = Any mobile device acquired by the City for City purposes c. Reimbursement = Any mobile device service acquired by a City employee utilizing his or her personal device for City business and requesting the City to reimburse the service costs associated with business needs. 1. What mobile device is being requested? (please select all that apply) City Owned Device Reimbursement for Personal Device Smart Cell Phone Smart Cell Phone Basic Phone Basic Phone Laptop Only fill out check boxes above if using personal equipment and requesting reimbursement. Tablet Air Card 2. Is this a replacement or upgrade? Yes or No (circle one) – If yes, please explain. 3. Performs work as a member of the executive or senior leadership team and/or is a critical decision maker in City department. Yes or No (circle one)? If yes, please explain. 4. Performs work which requires the employee to be away from their desk at least 25% of the time on a regular basis. Yes or No (circle one)? If yes, please explain: Mobile Device BCA Form - 05/2016, 04/2016, 03/2016 5. Performs work which requires the employee to regularly serve in an off-duty, on call status with a significant degree of frequency. Yes or no (circle one)? If yes, please explain: 6. Life/health/safety requirements make having a cell phone an integral part of performing duties of job description, and for assured prompt response to emergency situations on a 24/7 basis. Yes or No (circle one)? If yes, please explain: 7. List and explain any other needs that would be filled by or efficiencies gained by having requested device: 8. If this is a request to upgrade City cell phone equipment earlier than two years, please state the financial incentives to do so and verify that there is no other negative financial impact to the city. Mobile device upgrades will be executed at the lowest cost to the City for comparable equipment. ______________________________ __________________________________ Employee Name Provider / Cell Phone Number (if applicable) ______________________________ __________________________________ Employee ID# Monthly Amount Authorized (if applicable) My signature below acknowledges that I have read and understand the City of Meridian’s Mobile Device Standard Operating Procedure: Employee Signature: ________________________________________ DATE: ____________________ SUPERVISOR APPROVAL: ___________________________________ DATE: ____________________ DIRECTOR APPROVAL: _____________________________________ DATE: ____________________ FINANCE APPROVAL: ______________________________________ DATE _____________________ IT APPROVAL: _____________________________________________ DATE _____________________ cc. Employee Personnel File PLEASE TURN IN TO FINANCE OR IT Reimbursement Matrix Mobile Device BCA Form - 05/2016, 04/2016, 03/2016 Data service Monthly cost Basic Phone Up to $30 Smart Phone Up to $50 Aircard Up to $25 Tablet Up to $20 Service Matrix (O = Optional) You may have any combination of devices that meets each service/function once. Examples of acceptable combinations Smart phone + laptop without data. Desktop + Smart phone + iPad without data Desktop + Basic phone + iPad with data Tablet without data + Smart phone *Tablet supported = Surface Pro 4 starting 10/2016. This is a replacement for desktop, laptop, and/or iPad. Device Se r v i c e /F u n c t i o n X Desktop Laptop Smart phone Basic phone Aircard Tablet Cell X X Data X (O) X X X (O) Office Work X X X Work Away from Desk X X Email / Notes (portable) X Mobile Device SOP – 04/2016, 03/2016 Information Technology Standard Operating Procedure Title: Mobile Device SOP Standard #: Dept/Div: IT / Finance Reference: Effective Date: 3/10/2016 Revision Dates: 4/5/2016, 3/30/2016 Review Group: Jaycee Holman, Todd Lavoie, Dave Tiede I. INTRODUCTION The purpose of this policy is to provide employees with a set of requirements/guidelines governing the use of mobile devices, reimbursement criteria, and conditions for business use of personal mobile devices. Throughout this policy the term mobile device includes cellular phones, smartphones, tablets, etc. II. USE AT WORK While at work employees are to exercise the same discretion in using personal mobile devices as they do for City-owned devices. Excessive personal calls, texting, or other mobile device use during the workday, regardless of the device used, can interfere with employee productivity and be distracting to others. Therefore excessive personal use, regardless of the device used, during an employee’s workday is prohibited. Flexibility may be provided in circumstances demanding immediate attention. III. MANAGEMENT Some employees may need to use mobile devices to conduct legitimate City business. Using the Mobile Device Business Case Assessment Form, departments shall evaluate the necessity for the levels of mobile device service each employee’s job requires, if any. Departments shall be responsible for oversight of employee mobile device usage and shall monitor and review such usage to ensure the use is appropriate and that prudent fiscal management guidelines are followed. A periodic review, no less than annually, shall include an assessment of each authorized employee’s need to use a mobile device for business purposes. Note: A review of each department’s mobile device inventory/usage will be reviewed annually by the Mayor, Council Liaison, Finance and the Department Director as part of the base budget process. Mobile Device SOP – 04/2016, 03/2016 IV. SERVICES / DEVICES A list of services/functions is included in the Mobile Device Business Case Assessment Form – these directly correlate with multiple devices. The City will only provide each listed service/function once based on the service matrix. The City can require an employee to obtain one certain device(s) for needed services to minimize cost of multiple devices. For example – if cell and data services are needed, the City can require a user to have a smartphone rather than a basic cell phone plus an iPad. Public Safety, Senior Management, Directors and Mayor may be eligible for having the same service fulfilled up to two times if the business case deems it appropriate. V. MOBILE DEVICE REIMBURSEMENT Department Directors or designee may provide a mobile device reimbursement at their discretion to employees that are required to regularly use his or her personal mobile device for work purposes. A. The City will pay a monthly reimbursement equal to the employees’ approved reimbursement amount as determined by the mobile device business case assessment form B. Monthly reimbursement is applicable for only 1 (one) personal device (except in the event of approved multiple devices) C. Reimbursement is only applicable for cell and/or data service. D. Reimbursement is only allowable if employee does NOT have a City owned mobile device (except in the event of acceptable multiple devices) E. As part of the budget process, the reimbursement matrix rates will be reviewed and updated annually by the Finance Department The mobile device reimbursement is subject to the submission and approval of a mobile device business case assessment authorization form: • A mobile device business case assessment authorization form shall be signed by the Department Director or designee stating the amount of reimbursement and the network carrier being used. • The employee and the respective department shall retain a copy of the mobile device business case assessment authorization form. • A copy of the mobile device business case assessment authorization form shall be sent to the Human Resources Department for inclusion in the employee’s official personnel file. • The mobile device business case assessment authorization form will identify the employee and the employee’s personal mobile device number. • Department Directors receiving a reimbursement for use of their personal mobile device shall follow this process with approval from the Mayor, or designee. Mobile Device SOP – 04/2016, 03/2016 VI. PERSONAL MOBILE DEVICE A. The employee is responsible for the purchase of his or her mobile device service, mobile device, warranty/insurance, replacements, accessories, warranty, insurance, early termination fees and activation fees. An employee receiving a reimbursement for personal mobile device use for City business in accordance with this regulation will be expected to maintain the mobile device in working order and available for City business calls as needed and as reasonably expected. B. The City will not be liable for damage or loss of personal mobile devices brought into or used in the workplace. C. The employee is responsible for the administration and payment of all personal mobile device bills and will in no way create financial liability for the City beyond the amount agreed to by the Department Director or designee as listed on the mobile device business case assessment authorization form. VII. CITY OWNED MOBILE DEVICE PERSONAL USE OF CITY PROVIDED MOBILE DEVICES The City may issue a mobile device to an employee for work-related communications. Minimal personal use is permitted, but employees will be required to reimburse the City if such personal use results in plan limit overage. Reimbursement to the City will be “actual cost.” Failure to reimburse the City for the cost of the mobile device use will result in tax liability for the employee, as well as possible disciplinary actions up to and including dismissal. Employees in possession of City owned mobile devices are expected to protect the mobile devices from loss, damage or theft. Repeat damage or loss of mobile devices shall be at the employee’s expense when the Department Director or designee deems necessary. Upon resignation or termination of employment or at any time upon request, the employee will be asked to present the assigned mobile device to the City. Employees unable to present the mobile device in good working condition within the time period requested (for example, 24 hours) will be expected to bear the cost of replacement. Failure to reimburse the City for the cost of the mobile device will result in a garnishment on the employee’s final paycheck for the current replacement cost of the issued mobile device. Mobile Device SOP – 04/2016, 03/2016 DEVICE ACQUISITION / SELECTION Finance (cell phones) and IT (others) are the responsible parties for acquiring City owned mobile devices. A department can make a request or recommendation on the model of device to be acquired, but IT will make the final decision on what device is purchased. UPGRADES / REPLACEMENTS Employees in possession of City owned mobile devices are expected to protect the mobile device from loss, damage or theft. The City will upgrade City mobile devices no earlier than every two years if necessary, unless there are financial incentives to do so earlier and no other negative financial impact to the city. Mobile device upgrades will be executed at the lowest cost to the City for comparable devices. All requests by employee for an upgrade earlier than two years must have Department Director or designee approval. Any upgrade request resulting in an additional cost above the lowest possible cost to the City will require Department Director or designee approval, must have an available line item budget for the additional costs, and will need to be justified and approved using the mobile device business case assessment tool. The City will replace City mobile devices damaged beyond repair when deemed necessary by Department Director or designee and is subject to approval in the business case assessment tool. The City will replace damaged mobile devices with comparable mobile devices at the lowest cost available at the time of replacement. Any requests for mobile device replacements that exceed the lowest cost available will require Department Director (or designee) and IT approval, must have an available line item budget for the additional costs, and will need to be justified using the mobile device business case assessment tool. Repeat damage or loss of mobile devices shall be at the employee’s expense when the Department Director or designee deems necessary. MOBILE DEVICE ACCESSORIES The City may provide 1 (one) power outlet mobile device charger, 1 (one) automobile mobile device charger, and 1 (one) mobile device case upon original issuance of mobile device. All other needs or changes for mobile device accessories will be at the cost to the assigned employee and will not create any additional costs to the City. Mobile Device SOP – 04/2016, 03/2016 i. The City will replace any damaged power outlet mobile device charger or automobile mobile device charger upon receipt of the damaged item with a comparable item at the lowest cost to the City. ii. Repeat damage or loss of mobile device accessories shall be at the employee’s expense when the Department Director or designee deems necessary. OVERAGES Any data use over 4GB is subject to review. (Based off standard market rate data plan) Any use over 4GB that is not substantiated as business use that causes the City to get overages will be reimbursed to the City by the employee. VIII. MONITORING AND PRIVACY The City monitors the use of City owned mobile devices to ensure that these resources are used effectively, appropriately, legally, and in accordance with the City’s policies and regulations. The City may monitor randomly, in response to a particular problem, or, in some cases, continuously. The City reserves the right to inspect any and all information stored on or in mobile devices. The City also reserves the right to inspect any and all messages and data sent and received. The City may also choose or be required to publicize this data. Employees using mobile devices expressly waive any right of privacy in anything they create, store, send or receive on a City mobile device or through the City provided Internet, other computer network and/or any other City resources. Employees should not consider any electronic communication, media or services to be either private or secure. Although mobile devices can be protected by passwords, employees should not assume that the passwords provide them with privacy or ownership of their mobile device account or the records within it. The City can use Mobile Device Management (MDM) solution on City owned mobile devices. No removal of said software is permitted. IX. SAFETY Employees who use mobile devices on City business, regardless of how the devices are issued and funded, are required to read and follow the City of Meridian Policy 6.2.1 - Use of City Vehicles. X. MISCELLANEOUS The City reserves the right to modify or terminate any and all conditions of the administrative regulation, depending upon changing needs as defined by the City. Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Community Development: All Things Transportation - Update on Roads, Transit and Traffic Related Projects MEETING NOTES f Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Transportation Projects Update, Summer 2017 July 18, 2017 City Council Workshop Agenda Item ------------------------------------------------------------------------------------------------------------------------- Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with recently. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to occur) in the transportation realm. Staff will be at the July 18 meeting to discuss some of these topics in more detail. Please feel free to contact staff should you have any comments, concerns, or questions on any of these projects. Newer and/or significant information is in BOLD. KEY ACHD PROJECTS: Franklin, Black Cat to Ten Mile Road: This is a Federal Aid project, programmed for construction in 2016-2017 with the Franklin/Black Cat intersection. The project will widen Franklin to five lanes including curb, gutter and sidewalks. Low-impact storm drain techniques are being used. As part of the scoping of this project, the City requested detached sidewalks, a center median, lighting, and reclaimed wa ter. Estimated cost is $7.5M. Concrete paving is complete for the first phase and asphalt paving was complete June 28th. Crews working on excavation on the north side of Franklin. Project should be complete in September. Ustick Corridor: ACHD is working on improving the Ustick corridor and currently has construction underway at the Ustick/Meridian intersection, and roadway widening projects for the segments between Locust Grove and Meridian and Meridian to Linder. ACHD has grouped these three projects together and will be working on them all systematically. Knife River is the contractor. Traffic was shifted onto the south side of Ustick on June 8th and on the west side of Meridian on June 20th. Crews working on placement of base gravels on phase 2. Concrete for curb and gutter is anticipated to start in late July. Work began on September 26th and should be complete in November 2017. Pine Ave, Meridian to Locust Grove: This project, to improve Pine between Meridian Road and Locust Grove, is planned for construction in 2018/19 in the adopted 2017-2021 IFYWP. The City and MDC want to partner with ACHD to ensure the design and construction of Pine Avenue is consistent with the communities’ needs. Because Meridian Public Works is planning to do sewer improvements in Pine, the roadway between Main and E. 6 th will be re-built. Establishing a Cost Share Agreement with ACHD and a project agreement between the City and MDC is in process. E. 3rd Street Extension: When ACHD adopted the 2014-2018 Integrated Five Year Work Plan, E. 3rd Street, from Carlton to Fairview, was listed as a project in the Economic Development Program. This project was split into two phases by ACHD – north (phase 2) and south (phase 1) of Carlton. In the ACHD 2017-2021 IFYWP, phase 1, between Franklin and Carlton, is in PD. Meridian Road, Cherry to Ustick: Project includes widening Meridian Road to 5 lanes with curb, gutter, sidewalk and bike lanes. Design is underway. Construction is planned for 2020 in the ACHD adopted IFYWP at a cost of $5.4M. Appraisals begin in July; right-of-way acquisition is planned for 2018. Linder Road, Franklin to Pine: Project includes the widening of Linder Road to 5 lanes with curb, gutter, sidewalk and bike lanes. Project includes upgrade of the railroad crossing and a safe routes to school request; attached sidewalks are being designed. Construction is planned for 2020 to correspond with the upgraded railroad crossing ITD plans to do that year. Cost of $2.8M. Project is in right-of-way acquisition phase. Linder Road, Ustick to McMillan: Widen Linder to 5 lanes with curb, gutter, sidewalk and bike lanes. Construction is planned for 2021 in IFYWP at a cost of $3.88M. Project is currently in design phase. Public Involvement Meeting (PIM) held on May 1 st. Based on comments, proposed pedestrian signal at Monument Drive may become full signal. Second PIM scheduled for August 31st at the Meridian Library. Linder Road, Cayuse Creek Drive to Chinden: Widen the remaining portions of Linder to 5 lanes with curb, gutter, sidewalk and bike lanes. Construction is planned for 2020 at a cost of $1.45M. Currently in design phase and tracking with Ustick to McMillan project above. Cherry Lane, Linder to Meridian Road Lighting: Using federal funds, ACHD is working with Precision to design roadway lighting for approximately one mile of Cherry Lane. The City is providing a local match. This project is planned for construction in 2017 at a total cost of $412K. Bid opening is set for July 12th. Ten Mile/Amity Intersection: A traffic study was finished by Six Mile Engineering in April. ACHD is proceeding with design and ROW. Design will take place in FY17/FY18 with ROW programmed for FY18. A dual-lane roundabout will be the ultimate build-out condition of the intersection. Initially though, a single-lane roundabout will be constructed; designed for easy expansion to a dual-lane. The first design submittal is expected around the end of summer 2017. ACHD COMMUNITY PROGRAM PROJECTS 2017 Construction: W. 1st, Broadway to Pine – Sidewalk on both sides for two blocks near Meridian Elementary (includes 8” sewer line). Alta Construction is the contractor. Project substantially complete on June 21st. W. 4th, Broadway to Maple – Sidewalk, curb and gutter on east side of street (near Meridian Elementary). Central Paving is the contractor. Project substantially complete on June 1st. ITD PROJECTS SH-55 (Eagle Road): Design work is complete to add an additional northbound and southbound lane to Eagle Road, between River Valley and I-84. The northbound lane between Franklin and Fairview was complete earlier this spring. CenterCal plans to construct the additional southbound lane in 2018 through the STAR program. A micro-seal is scheduled on SH-55, for the summer of 2017, from SH-44 to I-84. US 20/26: A Strategic Initiatives Project to widen Chinden to 4-lanes between Locust Grove and Eagle is in the ITIP for construction in 2021. ITD and ACHD are coordinating intersection improvements at Locust Grove/Chinden as well. The ITD Corridor Study Project Manager, Marc Danley, was at the June Meridian Transportation Commission meeting to discuss the Environmental Assessment (EA) on the US 20/26 Corridor Study. A partial CFI is now planned at the Eagle/Chinden intersection. On June 22nd, the ITD Board approved the release of the FY18-2024 ITIP (this is the first year for a 7-year Program). Although the ITIP is not currently available to the public, it will contain project segments of US 20/26, from Eagle Road to Star Road – 7 miles! The public comment period will be open for the month of July. Staff will provide additional details on both US 20/26 and the draft 2018-2024 ITIP during the July 18th meeting. Interstate 84: This project is for the Nampa segment of the Interstate between Karcher Underpass and Franklin Boulevard. The project includes replacement and widening of a canal structure at Mason Creek, replacement and expansion of two bridges that cross over the UPRR and a canal, widening I-84 to three lanes with an additional auxiliary lane between Franklin and Northside Boulevards, and improving the two interchanges. This corridor is listed as the number one priority in the regional long-range transportation plan. In April, the ITD Board voted to use additional GARVEE bonding authority for this project. There is a FY2017-2021 STIP/TIP amendment in process to add $150M to the program for this project. PATHWAYS Rail with Trail: In the fall of 2012, the City applied for an $85,000 grant to study the Rail with Trail (RWT) pathway crossing of streets (7 crossings; Black Cat to Locust Grove). Currently, there is $500,000 in FY18 and FY19 for pathway construction in the Regional Transportation Improvement Plan (TIP). Jay Gibbons was the project manager working on design of the first, out-of-corridor segment in FY17. Five Mile Creek Pathway: The City applied for a COMPASS grant to design and construct a portion of the Five Mile Creek pathway near the wastewater recovery facility. Parame trix is the consultant working for COMPASS. The project kick-off meeting will be set up for early 2017. Jay Gibbons is the project manager. Parametrix has prepared the project development report which should be available on the COMPASS website in the near future. MDC / OTHER PROJECTS Transit: A public transit service focusing on seniors and persons with disabilities has been developed. This Lifestyle Service concept, which includes two service zones, was presented to the Council in July. The Council agreed to help with start-up costs and try the service for FY17. The service, operated by Harvest Church, began in December 2016. VRT’s Executive Director, Kelli Badesheim, will be at the July 11th Council Workshop to discuss ridership, funding and the future of the Harvest Transit service as well as the Dial-A-Ride service the City currently supports. Parklets: In other cities throughout the US, parklets (on-street parking areas converted to public seating/use areas) are becoming more and more popular. Some businesses in downtown Meridian are interested in installing parklets. The Master License Agreement between the City and ACHD was executed the week of April 25th allowing parklets. Idaho Avenue Placemaking: On June 22nd, a City Achievement Award within the Economic & Community Development Category was given to the City. On behalf of some of the business and property owners on Idaho Avenue, City Staff has worked with ACHD to gain approval for two-dimensional art within the “blue area” of the Idaho Avenue right-of-way. The call for artists is currently out – due August 1st. The project is being led by the MDBA, with a street closure and artist reception planned for Saturday, September 16th, during Meridian Art Week. Eagle Road Adaptive Traffic Signals: In 2018, ACHD and ITD plan to upgrade 14 signals along the Eagle Road corridor, between Overland and Chinden, to adaptive traffic signals. This is a $490,000 project. Eagle Road Bike/Ped Project Development: COMPASS has contracted with Keller Associates to further develop a bicycle and pedestrian plan for the corridor. The boundaries of the project are Overland and Chinden. Reports for the four highest ranking segments have been completed. Earlier this year, City Staff submitted a Phase II application to COMPASS seeking funding for design and construction of this project. In the draft 2018-2022 TIP there is $700K programmed in PD for construction of the first segment, Franklin to Pine. ACHD 2018-2022 IFYWP: Annually, the City prepares transportation priority lists for the transportation agencies (ACHD, ITD, COMPASS and VRT) to consider in their programming and budget processes. The Meridian Transportation Commission (TC) is tasked with making recommendations to the City Council on priority transportation projects. The ACHD Commission is expected to release the Initial Draft of the 2018-2022 IFWYP on July 19th. Staff will summarize and share the draft IFYWP with Council. ACHD plans to adopt the IFYWP on September 27th. Meridian Transportation Commission: A new member, Vincent Koontz has joined the TC. The TC has recently discussed topics such as: speeding through residential neighborhoods, speed limit changes to SH-69 and walk/school zone issues. 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CD :CCD < Z (O ((n I'�F �u CTI W N N -� O w m O O . s O O O S M� — O CCI) (b 0- 7 (J1 J '--s C) N v I (D I I CD n) :3 cn 0 W _ i v O cn Q. 71 O CD (D W .p N (p N O -Q J W J oa fD "'I .p N J O) co J tD N J' (D CD .n-. cD �' O p (Ti CO W I I I I I N 0 ' L O CD (D '6 ^ N v 3 o o -a D r+ �_ -s• (D (D lD Cl)C 'O v m w O _ N w m 7 w v w cn w O r+ co (� N r+ r- ' I (D CD o CD I I I � I I 5. C < I I ' I Q v Cn rtOl cr W O S2 (D CD W — O N '6 S O co O W raj- CCD iv (D n (D 1 N oZ � CD cn CO O M Cn C7 O a m 0 O Cn --4 �l D = Z cn m m o Oy Z > rp Fc: O y ;u Z u N co N CD N T June 30, 2017 TO: FROM: SUBJECT: AHD 6vi,, t'Wt/1'1 e,d to VZG� Commissioners, Director, and Deputy Directors Paul Woods, President Rebecca W. Arnold, Vice President Sara M. Baker, Commissioner Jim D. Hansen, Commissioner Kent Goldthorpe, Commissioner Planning & Programming Ryan Head, Planning Supervisor Integrated Five -Year Work Plan (IFYWP) Initial Draft Discussion Commission Work Session —July 19, 2017 Executive Summary The Integrated Five Year Work Plan (IFYWP) sets forth the strategies, priorities, and projects the District will pursue over the next five years in its efforts to achieve its vision of "leading transportation innovation- investing in communities." The first two years of the IFYWP align with the budget. This draft of the IFYWP reflects the 2018-2019 draft Budget as presented to the Commission. Once the Commission adopts a final budget, the IFYWP will reflect those changes. The Initial Draft is being presented to the Commission for feedback and direction prior to soliciting public and partner agency comments. Facts and Findings Through the 2016 ACHD Strategic Plan, the ACHD Commission developed a resource allocation methodology that emphasizes maintenance and safety as ACHD's primary focus. In addition, both the Strategic Plan and Capital Improvements Plan (CIP) highlight the need to enhance the transportation system in response to the growth planned by ACHD's land -use partners. Through the Strategic Plan, the Commission identified system enhancement as ACHD's secondary focus. The Initial Draft of the IFYWP was developed with these priorities in mind. The Plan seeks to improve the transportation system for all users, preserve stability in project schedules where possible, maintain ACHD's commitment to previously identified priorities, and address emerging needs as a result of community outreach and changing partner priorities. While the Initial Draft includes only project details, the final version will include the updated narrative discussion tying the IFYWP back to the adopted Strategic Plan and the five-year funding plan. This memo outlines IFYWP categories of Primary and Secondary Focus, lists proposed shelf projects, and addresses agency requests. ACHD's Primary Focus As adopted in the ACHD Strategic Plan, the Initial Draft addresses ACHD's primary focus of determining and funding maintenance and safety needs in the following asset categories: - Pavement - Bridges - Traffic Signals and Materials - Stormwater Facilities - Sidewalks Each of these asset categories correlates to one or more programs within the IFYWP. These programs are described below in more detail: Capital Maintenance Program (Asset - Pavement) By far, the largest asset ACHD maintains is the pavement on the roadways throughout Ada County. The value of this asset is around $2 billion. Ensuring responsible ACHD stewardship of this taxpayer investment is the primary focus of the Capital Maintenance Program. During the May 3rd Early Issues work session, the Commission confirmed the maintenance target of $27 million to $34 million peryear in order to maintain the Commission -adopted goal of a minimum average pavement condition of "very good". Projects are selected by ACHD's Pavement Management group based on need. ACHD meets this target through 3 primary maintenance activities: - Operational Maintenance — Completed by ACHD's forces in the form of chip seal and crack seal - Federal Aid Capital Maintenance — Capital maintenance of arterials and collectors funded through federal grants received - Local Capital Maintenance—Capital maintenance of arterials, collectors, and local roads Although pavement preservation is the chief emphasis for projects in this program, other major benefits to the system are often included, such as: upgraded curb ramps, storm drain maintenance, sidewalk repairs, and new bicycle facilities. Maintenance Category FY2018 FY2019 FY2020 FY2021 FY2022 Operational Maintenance' $91VI $9M $9M $9M $91VI Federal Aid Capital Maintenance $5.51VI $8.9M $8.6M $8.OM $8.51VI Local Capital Maintenance $8.9M $8.7M $10.6M $10.2M $10.3M Total $23.4M $26.6M $28.2M $27.2M $27.8M ' Operational Maintenance funding is not shown within the IFYWP as it is an operational expense. These tunds are identaied in the annual hudgeting process. Federal Maintenance Funding ACHD staff has worked diligently with its partners at COMPASS to secure a commitment of $54.8 million in federal maintenance funding over the life of the IFYWP. ACHD relies heavily on this funding to meet its annual maintenance targets. Downtown Boise Implementation Plan In August 2013, the ACHD Commission adopted the Downtown Boise Implementation Plan (DBIP) to address maintenance needs and coordinate improvements in Boise's downtown with other agency partners. DBIP remains a significant element of the Capital Maintenance Program through FY2020, when the project will be closed out. Due to Commission direction regarding Main, Idaho, 5th, and 6th streets and other improvements in and around the downtown, the programming of specific road segments is being adjusted to best serve Commission -approved roadway maintenance and enhancement needs. Partnerships with CCDC and other agencies remains a focus of this work. Bridge Program (Asset - Bridges) Another large asset ACHD maintains is bridges. Bridges within the IFYWP can be shown as a stand-alone project or as part of a road or intersection project. The Commission approved a specific funding target for this program of $2 million to $3 million annually. This target is met throughout the life of the IFYWP. Traffic Program (Asset—Traffic Signals and Materials) Traffic Program projects are those that are needed to maintain traffic operations and ensure safe, efficient use of the existing system. Of note, this program includes 4 federally funded safety projects: - Black Cat Rd and UPRR Crossing Improvements - Linder Rd and UPRR Crossing Improvements - SH 16 and Beacon Light Rd Signalization (Listed under Intersection Program) - State St, 16th St / 23`d St Lighting Improvements Stormwater Program (Asset—Stormwater Facilities) Projects within this program are meant to assist ACHD in compliance with its National Pollutant Discharge Elimination System (NPDES) permit requirements and to address ongoing stormwater system challenges. The Initial Draft includes continued funding for a Green Stormwater Implementation program. These projects consist primarily of installation of permeable paver alley treatments, but may include other treatments as the program moves forward. Projects will be selected for inclusion by ACHD's Stormwater Department. Community Program (Asset — Sidewalks) Projects within this program are intended to invest in communities, provide safe routes to schools, and provide improved access for non -motorized transportation modes. During the May 3`d Early Issues work session, the Commission confirmed use of a $7 million to $9 million per year target for this program. This target includes: - A minimum of 5% of the capital budget toward Core Community Programs (" $2 million/year) - Half of the increase in vehicle registration fee revenues approved in 2008 (—$2.5 million/year) - ACHD's Safe Sidewalk program ($1.7 million/year) Up to $2 million peryearforthe Economic Development program. On May 17th, the Commission modified its direction and placed the Economic Development program on hold due to specific general fund revenue shortfalls. Projects not currently under design were placed in preliminary development within this draft, pending the identification of additional funding in the future. Safe Sidewalk Projects Safe Sidewalk Projects are used to bring the condition of broken or deteriorated sidewalks up to current standards. Funding within this program is increased within the plan to $1.7 million per year (from $1.5 million). ACHD's Secondary Focus As adopted in the ACHD Strategic Plan, the Initial Draft addresses ACHD's secondary focus of determining and funding enhancement needs and congestion management and relief in the following categories: - Roadways Intersections Roadway and intersection projects are typically designed and constructed by ACHD but in some situations ACHD works with developers through cooperative agreements to allow them to design and construct roadway and intersection improvements. Roadways and Intersections Roadway and intersection projects are programmed within the IFYWP in order to address identified roadway capacity and safety concerns. It should be noted that roadway and intersection projects include sidewalks, bicycle facilities, and other transportation elements highlighted in ACHD's Complete Streets Policy. A complete summary of projects schedule changes can be found in Attachment 2. During the May 17th Early Issues work session, the Commission directed staff to over - program (that is, to plan these projects without associating the needed funding) this area of the IFYWP. A number of new projects were added or advanced with this Initial Draft based on this direction. Priority Corridors The ACHD Commission, with partner input, has adopted a set of priority corridors to complete. All priority corridors are progressing within the IFYWP as shown below. Of note, 3 priority corridors have significant segments that remain unfunded at this time: - State St — Programming segments along State St is being done in accordance with the State St Transit and Traffic Operational Plan. This plan identifies certain transit, land use, and roadway triggers to be met prior to proceeding with this widening. As part of this year's agency requests, the City of Boise indicated it is prepared to move into the final widening phase. As there are certain legislative yet to be resolved, staff placed design and right-of-way in preliminary development, but left construction unfunded at this time. - Fairview Ave — Based on Commission direction regarding the Fairview Ave Corridor Management Plan, staff is only programming intersection improvements along this corridor. - Linder Rd —The segment of Linder Rd, from SH 44 (State St) to US 20/26 (Chinden Blvd) remains unfunded within the initial draft due to its high construction cost ($21.1 million). Staff has programmed a concept design phase to begin in FY2018 to evaluate implementation options for phasing project construction. Shelf Projects In order to maintain flexibility in delivering capital projects in a dynamic revenue and bidding environment, staff has developed a robust construction shelf list of projects to be advanced should additional funding be available. In order to be considered for shelf project status, design and right-of- way acquisition are programmed with at least 1 gap year prior to construction. Fiscal Year Shelf Project CN Estimate Yearly Shelf Total Eckert Rd and Arrow Junction Dr Pedestrian Crossing $60,000 2018 Holcomb Rd, Mimosa Way/ Amity Rd $92,000 $592,000 Philippi St, Malad St /Targee St $440,000 28th St, Hazel St / Irene St $114,000 Cassia St, Latah St / Edson St $846,000 2019 Hidden Springs Elementary School Zone, 3rd Ave / $63,000 Shafer Way $6,699,000 Meridian Rd, Cherry Ln / Ustick Rd $3,568,000 McMillan Rd, Westview Dr / Maple Grove Rd $594,000 Phillippi St, Targee St / Overland Rd $1,514,000 Linder Rd, Ustick Rd / McMillan Rd $2,959,000 Pierce St, Washington St / Shenandoah Dr $768,000 2020 Ten Mile Rd and Amity Rd $1,255,000 $12,403,000 Ten Mile Rd, McMillan Rd / Chinden Blvd (US 20/26) $2,773,000 Ten Mile Rd, Ustick Rd / McMillan Rd $4,648,000 Avenue C, Main St / 04th St $108,000 Bogart Ln, State St (SH 44) / Hill Road Pkwy $1,005,000 Garden St, Franklin Rd / Bethel St $632,000 $6,794,000 2021 Linder Rd, SH 44 (State St) / Floating Feather Rd $4,725,000 Locust Grove Rd, Puffin St / Overland Rd $109,000 Overland Rd and Phillippi St Pedestrian Crossing $215,000 2022 Floating Feather Rd, Munger Rd / Star Rd $2,023,000 $2,023,000 Agency Requests Agency priority requests are an integral part of ensuring the IFYWP is coordinated with the vision and efforts of ACHD's partners. Requests are solicited annually in the spring from all cities, the county, and school districts throughout Ada County. Requests received for 2017 were shared with the Commission on May 17th. Attachment 3 includes a summary of these requests and staff proposed responses. Programming status has been updated based on the initial draft. A public open house, in coordination with the 2018 Budget, is scheduled to take place on July 27tH Public Comment Period Based on input received from the Commission and the public, staff has developed a new online interactive map and comment tool to be used during the public comment period. This tool will allow individuals to zoom into areas in which they are interested, to learn more about what projects are planned, and then to submit a comment regarding proposed projects. The online map will be posted at http://achdweb achdidaho org/Departments/PlansProjects/IFYWP.aspx. This link will be shared with neighborhood associations and the public via social media and the ACHD website. Next Steps July 20: Public comment period begins July 27: Public open house August 21: Public comment period closes September 6: Work session on public/agency comments September 27: Consideration of 2018-2022 IFYWP for adoption Attachments 1. Initial Draft FY2018-2022 IFYWP 2. Summary of Changes between the FY2017-2021 and the FY2018-2022 IFYWP 3. Agency Request Summary and Responses Attachment 2 FY2018-2022 IFYWP Initial Draft Summary of Changes fro in the FY2017-2021 IFYWP as Adopted N1ew Projects_7 ___T_18-22 GIS # Project Name IFYWP CN Year Roadway Projects RD216-04 Eagle Rd, Lake Hazel Rd / Amity Rd PD RD209-18 Lake Hazel Rd, Eagle Rd / Cloverdale Rd PD RD216-05 Lake Hazel Rd, Maple Grove Rd / Cole Rd (CIP Buildout) PD RD207-19 Linder Rd, Chinden Blvd (US 20/26) / State St (SH 44) OF RD209-28 Linder Rd, State St (SH 44) / Floating Feather Rd 2022 RD210-02 Locust Grove Rd, Fairview Ave / Ustick Rd PD RD202-44 Locust Grove Rd, Victory Rd / Overland Rd PD RD207-20 Maple Grove Rd, Lake Hazel Rd / Amity Rd 20 2022 Intersection Projects IN205-16 Amity Rd and Cloverdale Rd PD IN205-120 Amity Rd and Maple Grove Rd 2021 20 IN211-04 Eagle Rd and State St 2022 IN205-36 Hill Rd and Collister Dr 2022 IN217-04 Overland Rd and Cloverdale Rd PD IN205-107 Victory Rd and Five Mile Rd PD IN215-06 Victory Rd and Locust Grove Rd 2021 20 Bridge Projects MA214-01 Gowen Rd Bridge #2110, W/O 1-84 (Phase 1) 2018 Maintenance Projects MMP217-01 I Lake Hazel Rd Reclaim, Maple Grove Rd / Cole Rd — HB312 Project 2019 Community Programs Projects CM217-20 09th St and Washington St Pedestrian Crossing 2021 CM210-61 Annett St, Malad St/Targee St PD CM217-09 Avenue C, Main St / 04th St 2022 CM217-10 Avenue D, Main St / 04th St 2022 CM216-06 Capitol Blvd and Island Ave Pedestrian Crossing 2018 CM214-44 Cherry Ln and Meridian Library Pedestrian Crossing 2021 BK217-01 Columbus St Bikeway, Canal St / Kootenai St 2022 CM217-27 Deer Flat Rd and School Ave Pedestrian Crossing 2021 CM210-18 Eckert Rd and Arrow Junction Dr Pedestrian Crossing 2020 CM217-15 Floating Feather Rd, Brandon Rd / Hornback Ave 2022 CM217-29 Garden St, Franklin Rd / Bethel St 2022 CM216-04 Hays St at 11th St and 12th St Pedestrian Crossings 2021 CM217-30 Hidden Springs Elementary School Zone, 3rd Ave / Shafer Way 2020 CM217-21 Horseshoe Bend Rd and Floating Feather Rd PD CM217-22 Horseshoe Bend Rd and Shadowview St Pedestrian Crossing 2020 Attachment 2 BK217-02 Latah St Bikeway, Targee St / Overland Rd 2022 CM216-01 Main St and King St Pedestrian Crossing PD CM2 Ll -27 Malad St, Annett St / Federal Way PD CM217-23 McMillan Rd and Leather Way Pedestrian Crossing PD CM 212-35 Orchard St and Franklin Rd Accessible Pedestrian Signal 2021 CM211-61 Plummer Rd Bridge #2002 Pedestrian Facilities, 1700' N/0 SH 44 PD CM214-55 US 20/26 (Chinden Blvd) and 43" St Pedestrian Crossing PD ArwanrP[i PrniPctS GIS # Project Name 17-211FYWP CN Year 18-221FYWP CN Year Roadway Projects RD207-13 Cloverdale Rd, McMillan Rd/ Chinden Blvd (US 20/26) 2020 2019 RD207-33 Eagle Rd, Amity Rd / Victory Rd 2021 2020 RD207-29 Lake Hazel Rd, Cloverdale Rd/ Five Mile Rd OF PD RD216-02 Lake Hazel Rd, Cole Rd / Orchard St Extension OF 2018 RD207-30 Lake Hazel Rd, Five Mile Rd / Maple Grove Rd OF PD RD202-17 Linder Rd, Cayuse Creek Dr / Chinden Blvd (US 20/26) 2020 2019 RD207-21 Maple Grove Rd, Amity Rd / Victory Rd PD 2021 RD216-03 Orchard St Extension, Lake Hazel Rd / Gowen Rd OF 2018 RD202-31 Ten Mile Rd, McMillan Rd / Chinden Blvd (US 20/26) PD 2022 RD202-32 Ten Mile Rd, Ustick Rd / McMillan Rd PD 2021 Intersection Projects IN215-02 Cole Rd and Lake Hazel Rd 2019 2018-2019 IN211-05 Fairview Ave and Locust Grove Rd PD 2022 IN205-34 Lake Hazel Rd and Cloverdale Rd PD 2021 IN216-01 Lake Hazel and Eagle OF ID IN205-59 Lake Hazel Rd and Five Mile Rd PD 2 20020 IN205-69 Lake Hazel Rd and Maple Grove Rd PD 2022 IN205-66 SH 69 (Meridian Rd) and Hubbard Rd 2021 2018 IN205-70 SH 69 (Meridian Rd) and Lake Hazel Rd 2021 2018 Bridge Projects M1215-16 34th St Bridge #1319, at Forsythia Dr 2020 2019 M1215-06 45" St Bridge #1432, 500' N/O Chinden Blvd PD 2019 M1213-01 Black Cat Rd Bridge #1177, 1/3 mile S/O Amity Rd OF PD M1216-01 Black Cat Rd Bridge #1178, 1/3 mile S/O Amity Rd OF PD M1215-07 Floating Feather Rd Bridge #1513, 0.1 miles E/O Palmer Ln OF 2021 MA212-02 Hanley PI Bridge #1056, 700N/O Chaparral Rd OF 2022 MA214-02 Linder Rd Bridge #2033 and #1078, % miles N/0 Chinden Blvd OF PD M1216-13 Mallard Ave Bridge #1339, 650' W/O Parkcenter Blvd PD 2021 M1214-15 Palmer Ln Bridge #1009, N/0 Floating Feather Rd OF 2021 M1214-17 Phillippi St Bridge #1366, 650' N/0 Overland Rd OF PD MA215-02 Pierce Park Ln Bridge #2029, at Hill Rd PD 2022 M1215-09 Shamrock Ave Bridge #1424, 0.1 miles N/0 Fairview Ave PD 2021 MA215-04 Spangler PI Bridge #1054, 0.4 miles N/O Chaparral Rd OF PD M1214-16 Walnut St Bridge #1501, 450' S/O Warm Springs Ave OF 2021 Attachment 2 Community Programs Projects 17-21 CM215-03 Bogart Ln, SH 44 (State St) / Hill Road Pkwy PD 2022 CM209-47 Boise Ave and Linden St Pedestrian Crossing PD 2021 CM214-23 Cassia St, Franklin Park Dr/Troxel Dr 2021 2020 CM213-05 Christine St, Northview St / Ustick Rd 2020 2019 CGS205-20 Columbus St, Overland Rd/ Kootenai St 2019 2018 CM2 3-15 Franklin St, McKinley St / Pierce St PD 2021 CM2 L2-28 Locust Grove Rd, Puffin St / Overland Rd PD 2022 CM2 1-3-49 Maple Grove Rd and Edna St Pedestrian Crossing PD 2022 CM215-17 Overland Rd and Phillippi St Pedestrian Crossing PD 2022 CM214-61 Valley St, Lake Hazel Rd / La Grange St PD 2022 llnl�vnrl PrniPVtQ 17-21 18-22 IFYWP IFYWP GIS # Project Name CN Year CN Year Explanation Intersection Projects IN205-11 SH16 and Beacon Light Rd 2017 2018 ITD participation delayed IN205-03 Ten Mile Rd and Amity Rd 2021 2022 Lower project priority Bridge Projects M1203-01 Victory Rd Bridge #1275, % mile E/O Locust 2018 2019 Construction conflict with Grove Rd another bridge project Traffic Projects ITS213-04 Bluetooth Congestion Management 2017 2018 Implementation delayed System Installation, Phase 2 TRM211-04 Three Cities Intelligent Transportation 2017 2018 Implementation delayed System Improvements MIS216-02 State St, 16" St / 23`d St Lighting 2018 2019 Federal funding timing Improvements delayed Maintenance Projects SM217-04 Main St and Idaho St, 16th St / Broadway 2018 2019 Ongoing discussion Ave —HB312 Project regarding bike lanes Community Programs Projects IN215-14 05th St and Fort St and Hays St (Concept 2019 PD Economic development Only) program on hold CM212-08 Emerald St and Americana Blvd, Orchard 2017 2018 Commission directed St /Ann Morrison Park Entrance rebidding of project CM213-38 Jefferson St, Whitewater Park Blvd / 27th St 2017 2018 Development coordination CM211-38 Kootenai St, Vista Ave / Federal Way 2017 2018 Railroad coordination CM213-64 Linder Rd, Main St / Deer Flat Rd 2021 2022 Program balancing. Coordination w/ other Kuna projects NE204.01 Phillippi St, Malad St / Targee St 2019 2020 Program balancing CM210-49 Phillippi St, Targee St / Overland Rd 2020 2021 Program balancing CM214-47 Vista Ave and Spaulding St Pedestrian 2020 2021 Program balancing Crossing Attachment 2 Removed Projects GIS # Project Name Explanation Roadway Projects RD202-14 Cloverdale Rd, Franklin Rd / Fairview Ave Construction complete IN212-07 Executive Dr, Parkdale Ave / President Dr Construction complete RD195a Five Mile Rd, Fairview Ave / Ustick Rd Construction complete RD215-01 Records Ave, Baldcypress St / Wainwright Dr Construction complete Intersection Projects IN215-05 I Eagle Rd and Amity Rd Roundabout (Dual Lane) To be built by development Bridge Projects M1212-04 04th St Bridge #1291, 200'W/0 Kay St Construction complete M1213-05 Jefferson St Bridge #1328, 180' W/O 14th St Construction complete *1215-02 Kuna Rd Bridge #1191, 0.3 miles W/O Black Cat Rd To be built by in-house forces *1213-04 Locust Grove Rd Bridge #1299, 1800' N/O King Rd Construction complete MA214-05 Mitchell St Bridge #1453, 200' N/O Arabian Dr To be built by development M1215-11 Rackham Way Bridge #1223, 0.1 miles N/0 Overland Rd Construction complete M1216-15 Reutzel Ave Bridge #1247,550' E/O Cloverdale Rd To be built by in-house forces M1213-02 Stroebel Rd Bridge #1208, 2300' S/0 Kuna Rd Construction complete Traffic Projects ITS211-06 Active Traffic Management Implementation (2017) Construction complete RD215-16 Cole Rd, Spectrum St / Century Way, Medians Construction complete ITS215-05 Eagle Rd Traffic Signal Improvements To be completed as part of another project ITS213-07 Wireless CCN and Signal Interconnect, Phase 2 Construction complete MIS214-01 Cherry Ln, Linder Rd / Meridian Rd Lighting Improvements Construction complete TS216 Miscellaneous Traffic Safety Pedestrian Projects Construction complete IN215-04 Overland Rd and Vista Ave Street Lighting Construction complete Maintenance Projects MIS216-01 Kuna Downtown Revitalization, Phase 1—HB312 Project Construction complete MMP213-01 Kuna-Mora Rd Rehabilitation, Pleasant Valley Rd/ 1-84 Construction complete Community Programs Projects CM215-22 15th St and Resseguie St and Harrison Blvd and Resseguie St Pedestrian Crossing Construction complete CM214-09 Beacon St and Leadville Ave Pedestrian Crossing Construction complete CGSP207-02 Collister Dr, Hillside Ave / Briarhill Dr Construction complete CM214-10 Deer Flat Rd and Kuna High School Pedestrian Crossing To be built by in-house forces CM211-26 Fairfield Ave, Holiday Dr S / Holiday Dr N Construction complete CM212-10 Fairview Ave, East 03`d St / Locust Grove Rd Construction complete CM213-30 Federal Way and Findley Ave Accessible Construction complete Attachment 2 Note: This list does not include level of effort projects completed or added (i.e. maintenance). Pedestrian Signal CM215-20 Floating Feather Rd and Pimlico Dr Pedestrian Crossing Construction complete CM212-27 Garrett St, Chinden Blvd / Marigold St Construction complete CM213-39 Madison St, Whitewater Park Blvd / 27th St Construction complete PPI211-01 State St, Glenwood St / Collister Dr Pedestrian Improvements Construction complete CM211-24 State St, Willow Ln / Veterans Memorial Pkwy (south side) Construction complete CM211-30 Targee St, Maple Grove Rd / Penninger Dr Construction complete CM209-31 West 01St St, Broadway Ave / Pine Ave Construction complete CM212-09 West 04th St, Broadway Ave / Maple Ave Construction complete Note: This list does not include level of effort projects completed or added (i.e. maintenance). Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Police Department: Budget Amendment for Thought Leadership Film Series Not to Exceed $22,500 MEETING NOTES er - ffo 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 m @ O r � O N L C6 � v .L Q% Wu C c:2 v O E O T � � U r ~oo r kA - ami 0 — a) v u u 0 z z c �n It � o v v t Eo Z z tin Q a ~ o o —_ e (7 a-' � O ti c O Q N 0 -1,� N v .� 0 o � E >, v N N N @EE N a) cu >> p o i Y N bA @ V O o _ Q V} O Q W > O _ V LL W CL W O O O O O O O O � 0 rq 0 t u a Y uZ3 N O N O N O r M y° O u N O ° Ln v 9, V a O O O O LL E N u N tL N C 4 i a r 170 O O O O O O a) v 73 LL > m I �`` O W O O E E o m �• o U o ro m ns � z ,'C.., SL. ) rz L O a mrnI •e e oE„ a` m @ O r � O N L C6 � v .L Q% Wu C c:2 v O E O T � � U r ~oo r kA - ami 0 — a) v u u 0 z z c �n � o v v t Eo + LL tin Q a ~ o o —_ e (7 a-' � O ti c O Q N 0 -1,� N m @ O r � O N L C6 � v .L Q% Wu C c:2 v O E O T � � U 41 m z cu f 0 0 f2 r r kA - ami 0 a) v u u 0 z z c �n t o CIA Y D to o —_ e O C � O ti v Q N 0 -1,� N v .� 0 o � E va N N @EE N N p V? 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VT L} VI i/} n O O O 0 0 0 0 O 111 0 0 0 0 0 0 0 0 Vl l0l1 lD O w W O O w m N c -I a0 N . w •-f V} t/} VT iA VT m U1 F c u x w v E � F C Y 0 Qj u v E E i ,% N U u w c T3 w m c x W E m o w v v w E (j vUj F tL` m w vOj vOi 2 w U vii mm • N N Ln N Ln N m N m N Ln N m N 111 N In N N In N Ul N V"I N N l>7 N 111 N N N m N N N m m m m m m m m m m m m m m m m m m m m o ti a 00 0 0 o m o 0 0 In 0 m 0 .-i 0, m v o O w m ID m v .-i O o m 0 N N Vl N Ln T to m , to Ln v M m N m m m w N In m w (\ In 0 0 0 0 0 0 0 0 0 LO 0 o sn i0 W sn w 0 sn w �N NN N .-i N N N N N •-i N .-I N Vl N •-i N ci N d' W lfl N � N ei N � N ri N N N N N ei N N N N I N N N N N N N N N N N N N N N N N N N N ci ci N a--1 .-I rl ci 'i N .-i a -i N a -I •-1 N � o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 zp 00 0 C Z Z Z Z ® 0 11 El 7 N A N C O m M U O F- JI O H 0 LL c a) E .0 E Q UI m m r N LL 0 0 J• U DRAFT A CITY OF MERIDIAN STANDARD OPERATING POLICY NUMBER 6.2.8 SUBJECT: USE OF UNMANNED AERIAL VEHICLES (DRONES) PURPOSE: To establish policies for the use of City-owned unmanned aircraft, or drones, for purposes that serve the community, benefit Meridian residents and visitors, and protect the privacy and safety of the public. AUTHORITY & RESPONSIBILITY: The following policy shall apply to all City employees and departments in using City-owned drones, with the exception of the Meridian Police Department, to the extent that that department has a specific policy in place for the use of drones by law enforcement officers. Department Directors shall ensure compliance with this policy within their respective departments. POLICY: 1. As needed to perform required job functions, an employee may be authorized by his or her Department Director to use a City drone. All drone operations shall follow the established policies for operating City equipment. 2. Employees must obtain remote pilot certifications from the FAA prior to operating a drone owned by City or otherwise approved for City use. 3. Employees operating drones must comply in all respects with: all FAA regulations and requirements; all City, State, and Federal laws and regulations; and all state and federal Constitutional guarantees. 4. Pursuant to Idaho Code section 21-213(2)(b), drones may not be used to photograph or otherwise record an individual, without such individual’s written consent, for the purpose of publishing or otherwise publicly disseminating such photograph or recording. 5. Employees shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g. residence, yard, enclosure) and shall take reasonable precautions to avoid inadvertent entry into, or recording images of, areas where there is a reasonable expectation of privacy. 6. Employees may collect information using a drone only while using it for a specifically authorized use and may not use it to conduct personal business of any type. Employees may use drone-collected information only for marketing, mapping, management and assessment of City facilities and construction projects, infrastructure monitoring, and site visits and inspections pursuant to pending applications/permits. 7. Employees may not use personally-owned drones for City purposes unless specifically requested and approved by the Department Director. Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 10A PROJECT NUMBER: H-2017-0057 ITEM TITLE:Preakne ,s Subdivision r finance o. n Urdinance - - rea ness u Ivlslon For Annexation for a Parcel of Land Being a Portion of the NE'/4 of the NW'/4 Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-4 (Medium Low Density Residential District in the Meridian City code; Providing that Copies of this Ordinance Shall be Filed with the MEETING NOTES u� A P P13i��tu 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 2017-066150 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 07/20/2017 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF 1 ORDINANCE # 1114Y THE CITY COUNCIL- BIRD, BORTON, CAVENEX MILAM, PALMER, ' '.# M ' 1 # x # #ilk KUM "1162MIMUMMUM # .;1 # # x 1. # 1;• # SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit"A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: T & MHoldings LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — PREAKNESS SUBDIVISION (H 2017-0057) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. ,�ASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of/y/ , 2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of Lil `� , 2017. MAYO MY de WEERD ATTEST: / ¢�O,tSy Ll) A ilC�s7,7 fly J'"p 3 ti city of CJAY COL, S, CITY CLERK �IJ iIT� IAN*f- aoaao SEAL i 1�� r�qe! the TS�E1'��;�T! ANNEXATION — PREAKNESS SUBDIVISION (H 2017-0057) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this day of J W� , 2017, 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)01 bij: •��SS -_ , � _ . Y ,n N1r .6!Le L �-I,�'LL NOTARY PUBLIFOR IDAHO RESIDING AT: U) ci GA_ MY COMMISSION EXPIRES: _�� •-j ANNEXATION - PREAKNESS SUBDIVISION (H 2017-0057) Page 3 of 3 EXHIBIT A Legal Description & Exhibit Map for Annexation Boundary ANNEXATION DESCRIPTION FOR PREAKNESS SUBDIVISION A parcel of land located in the NE 114 of the NW 114 of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho being more particularly described as follows: BEGINNING at the W1116 corner of said Section 25 from which the N114 corner of said Section 25 bears South 89°57'57" East, 1320.16 feet, thence along the North boundary line said Section 25 South 89057'57" East, 300,00 feet; thence along the West boundary line of Kentucky Ridge Estates Subdivision No. 3 as filed in Book 108 of Plats at Pages 15,162 through 15,166, records of Ada County, Idaho and the northerly extension thereof South 0005'02" East, 726.00 feet to the NE corner of Lot 9, Block 5 of said Kentucky Ridge Estates Subdivision No. 3; thence along the North boundary line of said Kentucky Ridge Estates Subdivision No. 3 North 89057'57" West, 300.00 feet to the NE corner of Lot 11, Block 5 of said Kentucky Ridge Estates Subdivision No. 3; thence along the West boundary line of the NE 1/4 of the NW 114 of said Section 25 North 00°05'02" West, 726.00 feet to the REAL. POINT OF BEGINNING. Containing 5.00 acres, more or less. Preakness Subdivision — H-2017-0057 24 W1/16 25 POINT I OF BEGINNING BASIS OF BEARING S89'57'57°E 1320.16' _ - 300.00' W. VICTORY ROAD N89'57'57"W 300.00'_ KENTUCKY RIDGE ESTATES NO. 3 10 60 180 0 30 120 SCALE: 1" = 60' IDAHO MO E. WATIRTOWn ST. StkTE IM SURVEY MERM", IOAHO MM W) e4salsro GROUP, P.C. Preakness Subdivision — H-2017-0057 1/4 24 _ 1020.16' 25 E i ! LEGEND lit N] 0 sEa GPS 7729 fi TF OF Y G. A CALCULATED POINT - - -- - - PROPERTY BOUNDARY LINE — - - - SECTION LINE RIGHT--OF--WAY LINE ANNEXATION EXHIBIT DRAWING FOR PREAKNESS SUBDIVISION LOCATED IN THE NE 1/4 OF 'THE NW 1/4 OF SEC110N 25. UK. RAW.. ®.M.. ADA rAAJNTY. MANO 17-062 sH�1:r ria. 1 OWo. DATE 3/15/2017 Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 10B ITEM TITLE: Ordinance No. Geddes Subdivision 17 -1 -7, -Io PROJECT NUMBER: H-2017-0041 An Ordinance (H-2017-0041 Geddes Subdivision) For Annexation for a Parcel of Land Being a Portion of the NW'/4 of the NW'/4 Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning 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 ADA COUNTY RECORDER Christopher D. Rich 2017-066151 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 07/20/2017 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF 1 i''1 !, COUNCIL,BY THE CITY i BORTON, PALMER, LITTLE ROBE' • 1 • i 1'• i 1' i 1 ® ! !''i' � '' 1 OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Robert Campbell SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4, That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5» That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — GEDDES SUBDIVISION (H 2017-0041) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ,2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of �`� \� , 2017. MAYO AMMY de WEERD ATTEST: O`1P�Up AUCUsr� ticity of C. qC'S, CITY CLERK C,J ► "T�Uri -. SV YT6� of 75x T4Ery+ ANNEXATION — GEDDES SUBDIVISION (H 2017-0041) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this 10 day of 'T IJ �4 , 2017, 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) `;�`\�'•: Is • NOTARY PUBLIff OR IDAHO RESIDING AT: CuA V MY COMMISSION EXPIRES: S -a -I 8 - ANNEXATION — GEDDES SUBDIVISION (H 2017-0041) Page 3 of 3 EXHIBIT A Geddes Subdivision – H-2017-0041 EXHIBIT B Geddes Subdivision – H-2017-0041 ORDINANCE SUMMARY – GEDDES SUBDIVISION (H-2017-0041) NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17-_______ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the NW ¼ of the NW ¼ of Section 3, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 2.08 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit “B” and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the _____ day of _________________, 2017. _________________________________ City of Meridian Mayor and City Council By: C.Jay Coles, City Clerk First Reading: _________________ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES_______ NO_______ Second Reading: _________________ Third Reading: __________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17-____________ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 17-_________of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ______ day of ___________________, 2017. William. L.M. Nary City Attorney Meridian City Council Meeting DATE: July 18, 2017 ITEM NUMBER: 11 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: 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