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2017-09-19Meridian City Council Meeting Agenda Wednesday, September 19, 2017 – Page 1 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 19, 2017 at 6:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X__ Genesis Milam __X__ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted as amended 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 as noted A. Roundtree Subdivision Sanitary Sewer Easement #1 B. Roundtree Subdivision Sanitary Sewer Easement #2 C. Final Plat for Bainbridge Subdivision No. 6 (H-2017-0122) Located ½ mile west of N. Ten Mile Road, south of W. Chinden Blvd by Brighton Investments, LLC D. Findings of Fact, Conclusions of Law for Linder and Overland Apartments (H-2017-0093) by Woff Enterprises II, LLC Located south side of W. Overland Road, Approximately 1/4 Mile West of S. Linder Road CITY COUNCIL WORKSHOP AMENDED MEETING AGENDA Meridian City Council Meeting Agenda Wednesday, September 19, 2017 – Page 2 of 7 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. E. Findings of Fact, Conclusions of Law for Blackstone Subdivision No. 2 (H- 2017-0091) by Blackstone Commons, LLC Located 4700 W. Aspen Creek Street F. Findings of Fact, Conclusions of Law for Burlingame Subdivision (H-2017- 0055) by Mason & Stanfield, Inc. Located Near Northeast Corner of W. Cherry Lane and N. Black Cat Road G. Findings of Fact, Conclusions of Law for Summerwood Subdivision (H- 2017-0083) by WHPacific Inc., Located 4052 and 4202 W. Daphne Street H. Findings of Fact, Conclusions of Law for Summerwood Subdivision (H- 2017-0084) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road I. Final Order for 43 North Subdivision (H-2017-0119) by KGA Development, LCC located at 1318 NE 4th Street in the NW 1/4 of Section 7, Township 3N, Range 1E J. Final Order for TM Crossing Subdivision No. 2 (H-2017-0110) by Brighton Investments, LLC Located North Side of Interstate 84, East of S. Ten Mile Road K. Final Order for Verado Subdivision No. 2 (H-2017-0116) by DevCo, LLC Located Southeast Corner of N. Locust Grove Road and E. Ustick Road L. Development Agreement for Rockbury Sub-H-2017-0018 with Rockharbor Church (owner/developer) and Spurwing Greens Master Association (Owner), located at 6437 N. Tree Haven Way, in the SW 1/4 of Section 22, Township 4N., Range 1W M. Development Agreement for Stor-IT Self Storage-H-2017-0071 with Stor-IT Self Storage, LLC located at 3735 N. Ten Mile Road (Parcel#S0434417410) in the SE 1/4 of Section 34, Township 4N., Range 1W N. Addendum to Development Agreement for Goddard Creek-H-2017-0007 with Gibson Family Revocable Living Trust (Owner) and Brian Porter (Developer), located at 2780 W. McMillan Road, in the southwest 1/4 of Section 26, Township 4 North, Range 1West(Parcel#S0426347150). Amends original DA that was recorded on January 2, 2003 (instrument#103012598) O. Addendum E to September 24, 2013 Professional Services Agreement between City of Meridian and Idaho Humane Society for Animal Control Officer Services through September 30, 2018, for an amount not to exceed $381,132.00 Meridian City Council Meeting Agenda Wednesday, September 19, 2017 – Page 3 of 7 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. P. Professional Service Agreement with Stephanie Anderson for Tabatha Anderson (a minor) for Traffic Box Community Art Project for an amount not to exceed $50 Q. Acceptance Agreement for Display of Artwork in Initial Point Gallery, Meridian City Hall between City of Meridian and Daniel and Shirley Schoger R. First Amendment to Subrecipient Agreement Between City of Meri dian and NeighborWorks Boise For PY 2016 Community Development Block Grant Funds S. First Amendment to Subrecipient Agreement Between City of Meridian And Ada County Housing Authority For PY 2015 Community Development Block Grant Funds T. First Amendment To Subrecipient Agreement Between City of Meridian And Ada County Housing Authority For PY 2016 Community Development Block Grant Funds U. Interagency Agreement with ACHD for: Water and Sewer Construction on Pine Avenue Between Meridian Road and Locust Grove Road V. Cost Share Agreement with ACHD for Pine Avenue, Meridian to Locust Grove Project W. Resolution No. 17-2027: A Resolution Retiring and Transfer Ownership of K9 Max X. Resolution No. 17-2028: A Resolution Approving a Lease Agreement Between the City of Meridian (Lessor) and New Ventures Lab, Inc (Lessee) for the Premises Located at 33 East Idaho Avenue, Meridian Idaho; and Authorizing the Mayor and City Clerk to Execute and Attest Said Agree ment on Behalf of the City of Meridian; and Providing an Effective Date. Y. Building Lease for New Ventures Lab, Inc for 33 E. Idaho Avenue, Meridian, Idaho Z. Approval of Contract Amendment No. 2 to extend the contract for “Poly- Aluminum Chloride” to Kemira Water Solutions in the Not-To-Exceed amount of $60,000.00. AA. AP Invoices for Payment - $2,128,570.66 AB. Amended onto agenda: Movado Subdivision NMID Pathway Easement Meridian City Council Meeting Agenda Wednesday, September 19, 2017 – Page 4 of 7 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. Items Moved From the Consent Agenda 8. Community Items/Presentations A. Youth Commissioner Appointments Resolution No: 17-2029: Resolution Reappointing Victoriah Madrigal as a Youth Commissioner to the Solid Waste Advisory Committee. Approved Resolution No: 17-2030: Resolution Reappointing Ella Kramer as a Youth Commissioner to the Historic Preservation Committee. Approved Resolution No: 17-2031: Resolution Appointing Britton Davis as a Youth Commissioner to the Transportation Commission. Approved Resolution No: 17-2032: Resolution Reappointing Kayla McNay as a Youth Commissioner to the Parks and Recreation Commission. Approved Resolution No: 17-2033: Resolution Appointing Randy-B Funk as a Youth Commissioner to the Arts Commission. Approved B. Solid Waste Advisory Commission Reappointment Resolution No. 17-2034: A resolution reappointing J. Scott Walters to Seat 1 of the Meridian Solid Waste Advisory Commission. Approved C. Impact Fee Advisory Committee Reappointments Resolution No. 17-2035: A Resolution Reappointing David Fulkerson to seat 1 of the Impact Fee Advisory Committee, Gene Strate to seat 2 of the Impact Fee Advisory Committee and Jonathan Wardle to seat 3 of the Impact Fee Committee. Approved D. Meridian Development Corporation Reappointments Resolution No. 17-2036: A Resolution Reappointing Dan Basalone to seat 9 of the Meridian Development Corporation and Dave Winder to seat 4 of the Meridian Development Corporation. Approved Meridian City Council Meeting Agenda Wednesday, September 19, 2017 – Page 5 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 9. 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 September 5, 2017 for Trust Storage (H- 2017-0082) by John Day Located Northeast Corner of S. Locust Grove Road and E. Puffin Street Approved 1. Request: Combined Preliminary / Final Plat Consisting of Two (2) Building Lots on 9.28 Acres of Land in the C-C (Community Business) Zoning District 2. Request: Conditional Use Permit for a Self -Service Storage Facility in the C-C Zoning District B. Public Hearing Continued from September 5, 2017 for Twelve Oaks Villas (H-2017-0111) by James L. Jewett Located 1845 W. Franklin Road Approved 1. Request: Short Plat Approval Consisting of Four (4) Residential Building Lots and One (1) Common Lot on 7.99 Acres of Land in the C -C and TN-R Zoning Districts 10. Department Reports A. Verizon Small Cell Program Discussion Continued B. Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County (EMS JPA) Annual Renewal Approved C. Resolution No. 17-2037: A Resolution Adopting the Fiscal Year 2018 Citywide Fee Schedule, Including the Fiscal Year 2018 Rate Schedule of Solid Waste Collection Services; Superseding all Previously Adopted Fees, Meridian City Council Meeting Agenda Wednesday, September 19, 2017 – Page 6 of 7 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. with the Exception of Recreational Programing Fees; Authorizing City Departments to Collect Such Fees; and Providing an Effective Date. Approved 11. Ordinances A. Ordinance No. 17-1747: An Ordinance (Rockbury Subdivision H-2017-0018) of the City of Meridian granting re- zoning of a Parcels of Land situated in the Southeast ¼ and the Southwest ¼ of Section 22, Township 4 North, Range 1 West, Boise, Ada County, Idaho, As Described in Attachment “A”; Establishing and Determining the Land Use Zoning Classification of Said Lands from R-15 (Medium High Density Residential District)(8.95 acres) and C-N (Neighborhood Business District)(16.11 acres) to R-15 (Medium High Density Residential District)(6.71 acres) and C-N (Neighborhood Business District)(18.38 acres)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 B. Ordinance No. 17-1748: An Ordinance (Stor-It Self Storage H-2017-0071) of the City of Meridian granting annexation and zoning of a Parcel of Land situated in a Portion of the North ½ of the Southeast ¼ of Section 34, Township 4 North, Range 1 West, Boise, 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 I-L (Light Industrial 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 C. Ordinance No. 17-1749: An Ordinance (Goddard Creek H-2017-0007) of the City of Meridian granting rezoning of a Parcel of Land Situated in the SE ¼ of the SW ¼ of Section 26, Township 4 North, Range 1 West, Boise, Ada County, Idaho, As Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of Said Lands from R-4 (Medium Low Density Residential District) to C-C (Community Business District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, Meridian City Council Meeting Agenda Wednesday, September 19, 2017 – Page 7 of 7 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. 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 12. Future Meeting Topics Adjourned at 7:09pm Meridian City Council September 19, 2017. A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, September 19, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer, Luke Cavener, Genesis Milam and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Caleb Hood, Jeff Brown, Joe Bongiorno, and Jaycee Holman. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: -- certainly to the high school students in the audience we hope you get extra credit. For the record it is Tuesday, September 19th. It's 6:00 p.m. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Steve Moore with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you so much, Pastor Steve, for being here. Moore: Honored to be here. Heavenly Father, we pause to -- to acknowledge your presence. I forget that. That you're present. My life is sometimes so daily and I get trapped by that. God, we acknowledge that you are -- you are the one who has blessed us with such a great city and that we get to live here. I pray that you will use this city as a light to the other cities in Idaho and even beyond that. God, I pray that tonight decisions that are made will be just and fair and I pray for wisdom for these Council Members and our Mayor that have to make decisions that affect people and sometimes on both sides and -- and just give them wisdom to sort that all out. I pray that you would -- you would Meridian City Council September 19, 2017 Page 2 of 34 protect our first responders. We are grateful for them and that they just c ome to work every day and they don't know what -- what could happen to them and they come with a sense of trust and I pray, God, that -- that you would just honor their trust. Thank you, God, for -- for just the fact that you are always looking out for us. We take that for granted. I pray your blessings on this meeting in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda we got a couple of resolutions. W is number 17-2027. X is 17-2028. And we had to add AB on the Consent and it's Movado Subdivision NMID pathway easement. And, then, under community we have got Resolutions Nos. 17-2029, 17-2030, 17-2031, 17-2032 and 17-2033 and that's all appointing youth people to commissions. And we have also under Solid Waste we got 17-2034 appointing Scott Walters to Seat 1 on that. Impact fee we got -- appointing three seats and that proposed resolution is 17-2035. Meridian Development Corporation appointment is the proposed resolution number 17-2036. That’s appointing Dan Basalone and Dave Winder. And under Department Reports we got a resolution under C, 17-2037. And under our Ordinances we got an ordinance -- A is 17-1747. B is 17-1748. And C is 17-1749. And with that I move that we approve the amended agenda. And I have never seen so many resolutions and ordinances in my life. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as read. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Item 5. Mr. Clerk? Okay. There were no public members that signed up. Item 6: Consent Agenda A. Roundtree Subdivision Sanitary Sewer Easement #1 B. Roundtree Subdivision Sanitary Sewer Easement #2 C. Final Plat for Bainbridge Subdivision No. 6 (H-2017-0122) Located ½ mile west of N. Ten Mile Road, south of W. Chinden Meridian City Council September 19, 2017 Page 3 of 34 Blvd by Brighton Investments, LLC D. Findings of Fact, Conclusions of Law for Linder and Overland Apartments (H-2017-0093) by Woff Enterprises II, LLC Located south side of W. Overland Road, Approximately 1/4 Mile West of S. Linder Road E. Findings of Fact, Conclusions of Law for Blackstone Subdivision No. 2 (H-2017-0091) by Blackstone Commons, LLC Located 4700 W. Aspen Creek Street F. Findings of Fact, Conclusions of Law for Burlingame Subdivision (H-2017-0055) by Mason & Stanfield, Inc. Located Near Northeast Corner of W. Cherry Lane and N. Black Cat Road G. Findings of Fact, Conclusions of Law for Summerwood Subdivision (H-2017-0083) by WHPacific Inc., Located 4052 and 4202 W. Daphne Street H. Findings of Fact, Conclusions of Law for Summerwood Subdivision (H-2017-0084) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road I. Final Order for 43 North Subdivision (H-2017-0119) by KGA Development, LCC located at 1318 NE 4th Street in the NW 1/4 of Section 7, Township 3N, Range 1E J. Final Order for TM Crossing Subdivision No. 2 (H-2017-0110) by Brighton Investments, LLC Located North Side of Interstate 84, East of S. Ten Mile Road K. Final Order for Verado Subdivision No. 2 (H-2017-0116) by DevCo, LLC Located Southeast Corner of N. Locust Grove Road and E. Ustick Road L. Development Agreement for Rockbury Sub-H-2017-0018 with Rockharbor Church (owner/developer) and Spurwing Greens Master Association (Owner), located at 6437 N. Tree Haven Way, in the SW 1/4 of Section 22, Township 4N., Range 1W M. Development Agreement for Stor-IT Self Storage-H-2017-0071 with Stor-IT Self Storage, LLC located at 3735 N. Ten Mile Road (Parcel#S0434417410) in the SE 1/4 of Section 34, Township 4N., Range 1W Meridian City Council September 19, 2017 Page 4 of 34 N. Addendum to Development Agreement for Goddard Creek-H- 2017-0007 with Gibson Family Revocable Living Trust (Owner) and Brian Porter (Developer), located at 2780 W. McMillan Road, in the southwest 1/4 of Section 26, Township 4 North, Range 1West(Parcel#S0426347150). Amends original DA that was recorded on January 2, 2003 (instrument#103012598) O. Addendum E to September 24, 2013 Professional Services Agreement between City of Meridian and Idaho Humane Society for Animal Control Officer Services through September 30, 2018, for an amount not to exceed $381,132.00 P. Professional Service Agreement with Stephanie Anderson for Tabatha Anderson (a minor) for Traffic Box Community Art Project for an amount not to exceed $50 Q. Acceptance Agreement for Display of Artwork in Initial Point Gallery, Meridian City Hall between City of Meridian and Daniel and Shirley Schoger R. First Amendment to Subrecipient Agreement Between City of Meridian and NeighborWorks Boise For PY 2016 Community Development Block Grant Funds S. First Amendment to Subrecipient Agreement Between City of Meridian And Ada County Housing Authority For PY 2015 Community Development Block Grant Funds T. First Amendment To Subrecipient Agreement Between City of Meridian And Ada County Housing Authority For PY 2016 Community Development Block Grant Funds U. Interagency Agreement with ACHD for: Water and Sewer Construction on Pine Avenue Between Meridian Road and Locust Grove Road V. Cost Share Agreement with ACHD for Pine Avenue, Meridian to Locust Grove Project W. Resolution No. 17-2027: A Resolution Retiring and Transfer Ownership of K9 Max X. Resolution No. 17-2028: A Resolution Approving a Lease Agreement Between the City of Meridian (Lessor) and New Ventures Lab, Inc (Lessee) for the Premises Located at 33 East Idaho Avenue, Meridian Idaho; and Authorizing the Mayor Meridian City Council September 19, 2017 Page 5 of 34 and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date. Y. Building Lease for New Ventures Lab, Inc for 33 E. Idaho Avenue, Meridian, Idaho Z. Approval of Contract Amendment No. 2 to extend the contract for “PolyAluminum Chloride” to Kemira Water Solutions in the Not-To-Exceed amount of $60,000.00. AA. AP Invoices for Payment - $2,128,570.66 AB. Amended onto agenda: Movado Subdivision NMID Pathway Easement De Weerd: Item 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated earlier, we had two resolutions on there, 17-2027 and 17-2028, and with that I -- and, then, we added an addition of an AB, the request for NMID pathway easement. I move that we approve the amended Consent Agenda and for the Mayor to sign and the Clerk to attest. Bird: 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, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Community Items/Presentations A. Youth Commissioner Appointments Meridian City Council September 19, 2017 Page 6 of 34 Resolution No: 17-2029: Resolution Reappointing Victoriah Madrigal as a Youth Commissioner to the Solid Waste Advisory Committee. Resolution No: 17-2030: Resolution Reappointing Ella Kramer as a Youth Commissioner to the Historic Preservation Committee. Resolution No: 17-2031: Resolution Appointing Britton Davis as a Youth Commissioner to the Transportation Commission. Resolution No: 17-2032: Resolution Reappointing Kayla McNay as a Youth Commissioner to the Parks and Recreation Commission. Resolution No: 17-2033: Resolution Appointing Randy-B Funk as a Youth Commissioner to the Arts Commission. De Weerd: So, we will move into our community items. Item 8-A is under our youth commissioner appointments. The first one up is for Resolution 17-2029. It's reappointing of Victoriah Mandeville -- where is she? I heard her giggle. And I will tell you what, she has the best smile ever, so -- Council, I would ask for your -- I will first state -- and, then, we will ask Victoriah to come up, but we have heard nothing but good things from SWAC about our youth commission member and so I told her that we just cannot replace her . So, I am bringing her in front of you for reappointment. Jodi and I did interviews last week and a result of that is the list that you have in front of you tonight. So, I guess I will just go through these one by one. If we could do them -- a motion after each one. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Victoriah has been wonderful on the SWAC commission. I'm delighted to know that she's sticking around for another year. So, she's really involved and present and participating in the meeting. So, I move that we approve Resolution No. 17 -2029, reappointing Victoriah Madrigal as youth commissioner to the Solid Waste Advisory Commission. Bird: Second. De Weerd: I have a motion and a second to a pprove this appointment. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council September 19, 2017 Page 7 of 34 MOTION CARRIED: ALL AYES. De Weerd: Victoriah, would you like to come and tell us really how you say your last name, but come on up in front. Because I think that both of us kind of just mutilated it. Madrigal: Well, it's pronounced Madrigal. I couldn't say it myself as a kid. I used to think it was Magical, but -- I just want to thank you all for reappointing me. The people I work with are some of the loveliest people I know and I couldn't be happier to be working with them again and to see what great things we do this year. De Weerd: Well, we are excited to have you continue to serve. Victoriah is just a sophomore and so we hope to see amazing things over this year and the years to come. So, thank you for your continued interest. Madrigal: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I just want to share -- in the four years that I have been on the Council I have never had somebody from the commission seek me out to make sure I was supportive of a youth commissioner returning and this was the first time. So, clearly you have made a great impact on the commission. De Weerd: Thank you. The next resolution 17-2030 is reappointing Ella Kramer as the youth commissioner to the Historical Preservation Commission. Ella is also here in the audience and Ella has a passion for history and getting others as excited as she is about the history of Meridian and why we should care. So, Council, I would entertain any questions. If not, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Resolution 17-2030 reappointing Ella Kramer as youth commissioner to the Historic Preservation Committee. Cavener: Second. De Weerd: I have a motion and a second to approve Resolution 17-2030. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. Meridian City Council September 19, 2017 Page 8 of 34 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Ella, would you like to come up and say a few words? I think you also have a look alike in the audience, too. Must be our sister. Kramer: Yeah. I'm so excited for this year and to really make a difference and help people as much as I can. De Weerd: Well, thank you for joining us and for your family for attending as well. We appreciate your service and, again, we have been really fortunate with these two that I just appointed that they continue to have an interest, because they have served with great enthusiasm and interest in the topics that they are being appoint for. So, thank you, Ella. De Weerd: Okay. Resolution 17-2031 is an appointment for Britton Davis as the youth commissioner to the Transportation Commission. Britton is also here. I will ask him to speak in a moment, but, Council, I would entertain any questions. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Unless there is any questions or comments, I would move that we would approve Resolution 17-2031 appointing Britton Davis as the youth commissioner for the Transportation Commission. Milam: Second. De Weerd: I have a motion and a second to approve Resolution 17-2031. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: I don't think I see Kayla. But Kayla is also a reappointment from the Parks and Recreation Commission and Kayla has great energy -- oh, yeah. I'm sorry. Britton. Would you like to say something? Please join us. Thank you, Mr. Cavener. Thank you for being here tonight. Davis: Hello, everyone. I am really grateful for this opportunity to serve the city in this position. This is my first time and I can't be more eager to start or put my full effort into Meridian City Council September 19, 2017 Page 9 of 34 the city and the position which I have been given. Thank you. De Weerd: Thank you, Britton. So, really, he was after one of your jobs, but I made him settle for the Transportation Commission. De Weerd: Okay. The next appointment is reappointing Kayla McNay as our youth commissioner on the Parks and Recreation Commission. For those of you that went on the parks tour, Kayla was on the tour and if you didn't notice she has great enthusiasm. I think she was out swinging with Council Member Milam. But if you have any questions I would entertain those. Hearing none, I would take a motion to approve. Little Roberts: Madam Mayor? De Weerd: Yes, Mrs. Little Roberts. Little Roberts: I move we approve the resolution reappointing Kayla McNay as the youth commissioner for the Parks and Recreation Commission. Cavener: Second. De Weerd: I have a motion and a second to approve Resolution 17-2032. Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: The last of our youth commission appointments is Resolution 17-2033 appointing Randy-B Funk on our Meridian Arts Commission and I will tell you if you read his resume -- the several pages of it -- you will see that this young man, while he is a freshman, has accomplished more in his life than many have accomplished in their entirety. So, we are thrilled to have Randy-B on the Arts Commission and I would stand for any questions. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Resolution No. 17-2033 appointing Randy-B Funk as a youth commissioner to the Arts Commission and happy to have him. Bird: Second. De Weerd: I have a motion and a second to approve Resolution 17-2033. Mr. Clerk. Meridian City Council September 19, 2017 Page 10 of 34 Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Randy-B, would you like to say a few words? Thank you for joining us. Funk: Hi. I'm Randy-B Funk. I'm so pleased and privileged to be able to have this opportunity and I just can't wait to get started and put forth my full effort into the city, because I absolutely love Meridian, so -- thank you. De Weerd: Thank you. Well, I look forward to it as well, Randy-B, because, like I said, when I started we already know what your -- you can do unprovoked, just imagine what you're going to do on this commission. So, thank you for being here. And for your dad as well. B. Solid Waste Advisory Commission Reappointment Resolution No. 17-2034: A resolution reappointing J. Scott Walters to Seat 1 of the Meridian Solid Waste Advisory Commission. De Weerd: Okay. Item 8-B is under our Solid Waste Advisory Commission. This is a reappointment, Resolution 17-2034. Any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Resolution No. 17-2034 reappointing J. Scott Walters to Seat 1 of the Meridian Solid Waste Advisory Commission. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion, Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council September 19, 2017 Page 11 of 34 C. Impact Fee Advisory Committee Reappointments Resolution No. 17-2035: A Resolution Reappointing David Fulkerson to seat 1 of the Impact Fee Advisory Committee, Gene Strate to seat 2 of the Impact Fee Advisory Committee and Jonathan Wardle to seat 3 of the Impact Fee Committee. De Weerd: 8-C is Resolution 17-2035. This is also a reappointment of our expiring seats for the Impact Fee Advisory Committee and I would stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Resolution No. 17-2035, reappointing Dave Fulkerson to Seat 1, Gene Strate to Seat 2, Jon Wardle to Seat 3 of the Impact Fee Committee. Milam: Second. De Weerd: I have a motion and a second to approve Item 8 -C. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Meridian Development Corporation Reappointments Resolution No. 17-2036: A Resolution Reappointing Dan Basalone to seat 9 of the Meridian Development Corporation and Dave Winder to seat 4 of the Meridian Development Corporation. De Weerd: Item 8-D is under the Meridian Development Corporation. These two are also reappointments. Resolution 17-2036 reappointing these two individuals to the MDC. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 17-2036 reappointing Dan Basalone to Seat 9 and Dave Winder to Seat 4 of the Meridian Development Corporation. Milam: Second. Meridian City Council September 19, 2017 Page 12 of 34 De Weerd: I have a motion and a second to approve Item 8-D. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And I will tell our youth commission you don't have to stay the entire meeting. You will have your opportunity to spend plenty of time sitting up here. So, thank you for joining us and thank you to your family for your support and lending your -- your young adult to serve the city in this capacity. So, thank you so much. Item 9: Action Items A. Public Hearing Continued from September 5, 2017 for Trust Storage (H-2017-0082) by John Day Located Northeast Corner of S. Locust Grove Road and E. Puffin Street 1. Request: Combined Preliminary / Final Plat Consisting of Two (2) Building Lots on 9.28 Acres of Land in the C-C (Community Business) Zoning District 2. Request: Conditional Use Permit for a Self -Service Storage Facility in the C-C Zoning District De Weerd: Okay. Item 9-A is a public hearing continued from September 5th for H-2017- 0082. I will ask for a staff comments at this time. Hood: Thank you, Madam Mayor, Members of the Council. This item was continued from your September 5th hearing. No testimony was taken during that meeting. The applicant was out of town and so it was continued to tonight. This application is for a combined preliminary/final plat and a conditional use permit. The site is approximately 9.28 acres, zoned C-C. It's located at the northeast corner of South Locust Grove Road and East Puffin Street. Generally near the southeast corner of Overland and Locust Grove as you can see on the exhibits in front of you now. So, just to orient you a little bit more, to the north would be a convenience store, car wash, gas station. To the south is an LDS church. To the east is the Sagecrest Apartments and Mountain View High and, then, across the street are single family residential across Locust Grove Road. Again, the applicant has applied for a combined preliminary and final plat consisting of two building lots. You can see those on the exhibits on the screen now and the conditional use permit is for a self service storage facility. Lot 2, Block 1 -- the proposed Lot 2, Block 1, is the self service storage facility lot consisting of 14 storage buildings. Here is a site plan. Meridian City Council September 19, 2017 Page 13 of 34 Excuse me. Including an attached office and the other lot is slated for development in the future, so you can see across on the north side there -- sorry about that -- the future lot for future development. The storage unit facility is subject to specific use standards as set forth in UDC 11-4-3-34 and we have reviewed those for compliance in the staff report. The Meridian Planning and Zoning Commission heard these items on July 20th and August 3rd. Testifying in favor at the P&Z meeting was John Day, Kathy W lodarczyk, Sharon Mandell, Rita Chatten and Glen Shell. They signed up as neutral, but testified in favor. There was no one that testified in opposition. No comments -- no other comments were taken during that time. We did receive some written testimony before P&Z from Lisa Baird commenting on, essentially, wanting to see the private access road remain open to get to Puffin, because it can be difficult to just use some of the other access points out of the -- the C store lot and oil change facility. The key issues of discussion by the Commission were the design of the structures and appropriate building materials. Screening materials and the height of the screen wall. Landscaping along the perimeter of the facility. Based on that the Commission did recommend some changes to the staff report, so if you have the packet handy, beginning on page 17, Condition 1.1.4, the Commission did strike bullet one and two, which talk -- talked about some modifications to the landscape plan and so I do have the revised landscape plan in front of you that's reflected in the updated staff report. The applicant has revised the landscape there, but that condition was modified and, then, Condition 1.1.6, the Commission also modified to coincide with the revised elevations that were submitted and some additional language about compliance with the architectural standards manual. And, then, on page 18, condition 1.1.7 was also modified, some of the sub bullets, one and three were removed and they modified bullet number two to specify the screen wall along the perimeter of the complex should be eight feet in height and designed to compl ement the design of the facility. So, that was this project thus far. There were no additional comments in the laserfishe that I see was submitted to the city in advance of this meeting since the Planning and Zoning Commission. And with that report I would stand for any questions you may have. De Weerd: Thank you, Caleb. Council, any questions? Bird: I have none at this time. Little Roberts: Madam Mayor? De Weerd: Mr. Little Roberts. Little Roberts: Madam Mayor. Caleb, you mentioned that we had written testimony from a Lisa Baird. Were her concerns addressed? Is the private access going to remain open or do we know? Hood: Madam Mayor, Council Members, I'm not -- I didn't see anything in the staff report that -- that it made it sound like there was any intent to close that private access road, but you may just get some clarification from the applicant that that will remain open. Meridian City Council September 19, 2017 Page 14 of 34 De Weerd: Okay. Thank you. And is the applicant here this evening? Would you like to provide comment? Good evening. If you will, please, state your name and address for the record. Day: My name is John Day and I reside at 3501 North 32nd Street and that's Boise, Idaho. De Weerd: Thank you. Day: If I may address that -- the comment regarding the access road. I assume she's talking about the north-south access road -- correct. Yeah. That -- and that currently is a cross-access easement that is in place. So, as this project stands right now it will remain in place. De Weerd: Okay. Thank you. Do you have anything you want to add? Day: You know, I really don't have anything more to add at this time. You know, I think we our understanding and approval of the conditions that are put upon us. I think we have worked with the staff and Mr. Parsons to meet all the requirements regarding landscaping, the look of the building and so, you know, again, I think we understand the conditions and -- and accept them as they are. So, I would stand for any questions you may have at this point. De Weerd: Okay. Thank you, John. Any questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you. Day: Thank you. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony? There were no members signing up. Is there anyone in the audience who would like to comment? Okay. Council, any questions for the applicant or for staff? Okay. Hearing none, do I have a motion to close the public hearing? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on H-2017-0082. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9 -A. All those in favor say aye. All ayes. Meridian City Council September 19, 2017 Page 15 of 34 MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0082 and to include all staff and applicant comment. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-A. Any discussion? Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing Continued from September 5, 2017 for Twelve Oaks Villas (H-2017-0111) by James L. Jewett Located 1845 W. Franklin Road 1. Request: Short Plat Approval Consisting of Four (4) Residential Building Lots and One (1) Common Lot on 7.99 Acres of Land in the C-C and TN-R Zoning Districts De Weerd: Item 9-B is a public hearing continued also from September 5th for H-2017- 0111. It was continued for a specific reason on the elevations and I will see if staff has any comments. Hood: Madam Mayor, just a quick refresher. So, this is a short plat application that's before you now, located on the south side of West Franklin Road, just west of Linder Road. Mailing address is 1845 West Franklin Road. There are four building lots proposed and one common lot on 7.99 acres of land in the C-C and TN-R zoning districts. As you just mentioned, Madam Mayor, the project was continued. We had public comment during that meeting questioning the rear elevation of the townhome units and so we looked at the development agreement, if you recall during that meeting, pulled up the exhibit in the development agreement. The applicant's representative that was here could not clarify what was happening with those elevations, so that's why we are back here two weeks later. I do see the applicant. Mr. Jewett is in the audience. Before he gets here, though, just wanted to share with you those elevations that we looked at. A little bit cleaner version of the scanned-in version that was in laserfishe. But here are the elevations that were conceptually approved. I will draw your attention to -- these are the Meridian City Council September 19, 2017 Page 16 of 34 south elevations, so the rear of that, again, across that drain I believe are the subject of the testimony from two weeks ago. These are high level windows. You have probably seen those before. They let a lot of daylight in, but they are not at eye view. I asked Sonya, who was working on this project, and I believe Mr. Jewett is prepared tonight to kind of answer that question. I don't know how high high is, so I don't know exactly. It's not dimensioned on either one of these in the conceptual elevations that are in the development agreement or the elevations that we approved with the certificate of zoning compliance towards -- when someone goes in for a building permit, basically. There is not a dimension. So, I don't know what the -- from the finish floor to the bottom -- or the top of that window what that dimension is, but you can -- that was testimony anyways that these are -- these would be the higher windows and now just at a regular height. I will also just point out on those -- those bedrooms that are back there, the windows -- the side elevations are the larger kind more typical standard potential egress window, if you would, in case of an emergency and you need to get on the roof or whatever, that one would be easier to -- to get on. I don't know if it actually opens or n ot, but just, again, a reference point for where that sits in the floor plan, the side elevations have those kind of more traditional windows. So, it is just -- I will reiterate, though, it is a short plat. The elevations have been through the public hearing process. Did that -- we looked at the minutes and the summary for the -- both the development agreement and the conditional use permit for the multi-family that's also on this site, but not part of the topic tonight. These went through a conditional use permit hearing. That was not discussed previously at those -- at those meetings that the applicant submitted and, again, what's on record with the city. So, with that information I would stand for any additional questions you may have. De Weerd: Thank you, Caleb. Jim, would you like to -- to make comment? Thank you for joining us. If you will, please, state your name and address for the record. Jewett: Jim Jewett. 354 Colchester in Eagle, Idaho. De Weerd: Thank you. Jewett: And, first of all, I apologize for not being here last time. I normally always attend, but I double checked several times and seeing no issues I decided to do a different meeting that night. So, I -- De Weerd: That's Murphy's Law. Jewett: I know. So -- and I don't know exactly which resident had the question, but in that time frame that you mentioned in the -- the e-mail I got from staff, we did meet with the neighbors, they did have concern about me going from a single level to a two story against their -- their north boundary, my south boundary. So, I did agree to have no rear facing windows. When I spoke with staff they said, well, we still architecturally need to have something, so we came up with the high windows for light only, with the egress and openable windows facing the side that's what it showed. I did e-mail Caleb just now a picture -- an internal picture -- if you can pull it up, Caleb, and show it. And it gives you the illustration of how high it is from an inside view. So, I just sent it to Sonya, but she Meridian City Council September 19, 2017 Page 17 of 34 must have left before she got it, but -- Hood: Madam Mayor, it may take me a while, because I'm not actually logged here, so I have got to log into the system and restart that up and so it will probably be a couple few minutes before I have access to e-mail. So, I'm sorry, but -- I will do that, but it will probably be a few minutes. Jewett: Illustrating -- it's usually about six foot to the bottom of that window and it's just the window you see that -- put that a lot now in homes that they have above bedroom -- the doors are above there. They have high windows just for light. De Weerd: I think the whole intent was we -- we knew that you had made a commitment to the neighbors, we wanted to make sure that that was captured and -- and so I would ask Council if you have any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Jim, on the floor, you're talking -- you say they are going to be above a six foot eight header for the door? It's going to be above six foot eight? Jewett: Somewhere -- Bird: The bottom of it. Jewett: The bottom would be somewhere between the six foot and a six foot eight. So, like from my height to the bottom of the door, somewhere in that height range to the bottom of the window. Bird: Yeah. Because doors are six eight, so -- Jewett: Yeah. Bird: -- and if you're going above that -- and I -- and I hope you understand why the neighbors don't want some 36 inch windows down there -- Jewett: Oh. Bird: -- looking down on them and stuff and -- and the reason that, you know, under -- under the elevations we had for the DA and stuff showed those and legally, you know, you got to put them in, but you had told them then and so I appreciate this, as long as we keep it down to -- not like that, but like the one on the left. Yeah. Jewett: The one on the left is exactly it. Meridian City Council September 19, 2017 Page 18 of 34 Bird: Okay. I think the -- I think the neighbors could live with that, because we don't plan -- we don't find too many seven footers around here. Jewett: So -- and, again, I apologize I wasn't here to clarify it then and that everybody had to come back. The neighbors. Bird: I understand. De Weerd: Okay. Any further questions from Council? Bird: Madam Mayor, I do have another question. De Weerd: Yes, Mr. Bird. Bird: In this -- I think Joe can probably -- in on this. What are we -- if these are in bedrooms, Jim, what is the -- how do we get the -- De Weerd: Egress or ingress? Bird: Or egress -- egress. Jewett: It would be the window to the right, which would be the -- Bird: Okay. It would be on the side. On the side. Okay. I understand. Thank you. De Weerd: Okay. Any other questions? Okay. Thank you. Jewett: Thanks. De Weerd: Council, I know you continued this specifically for the elevations. If there are any comments -- Bird: Anybody else? De Weerd: Sir. Good evening. If you will state your name and address for the record. Thompson: I'm Doug Thompson. 1846 West Greenhead. De Weerd: Thank you. Thompson: My yard backs up against Ten Mile Creek, which is the south side of where he is. I have here a letter from another resident that wasn't able to be here tonight that -- comments that he had agreed to move those windows completely, not to shorten them, not to change them, but to move them to the side of the building. That was the agreement he made with those of us that were at that meeting. Now, if he's got to change that, it would seem logical that he should come back to us, if he's trying to be in compliance with Meridian City Council September 19, 2017 Page 19 of 34 something or if there is some design reason that those windows have to be there, that he should come back to us and that there should be some agreement between us. As this now stands he's got something passed through and has received approval on a -- on something where he told the neighbors he was going to do one thing and, then, to be in compliance did another thing, so he's telling you one story, he's telling us a different story, he's telling you he's got agreement from the neighbors and he doesn’t have that for what he's proposing and what has been approved. I don't know. There has been so many changes on this property already, I feel like we have been sucked in as a neighborhood. We were presented a plan, it was altered, we agreed to that plan, it was altered again, we said, okay, we will agree to that. It's altered again. We said okay. Move the windows. He says we will move the windows. He comes to you guys and gets something else totally approved that we just hadn't even seen before. We met with him the 26th of July. He promised us he would move those windows. As I understand it from the last meeting, these elevations were submitted to you all in September of last year. He had plenty of time to get back in touch with us before submitting those for approval. So, I don't know. I have mixed feelings about what it is and where everybody is in this thing. I don't agree with it personally. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And, sir, what was your address again? Thompson: 1846 West Greenhead. De Weerd: And your -- your main concern was you didn't want people looking down into your yard of these -- Thompson: Yeah. I -- De Weerd: -- high windows you know that unless they stand on a chair they are not going to be looking down into your yard. Thompson: If I am a pervert -- and I don't know who he is going to rent these places to and they are obviously rentals. They are not designed for a family to move in and live there for years. If I am a pervert and I'm a hundred feet away from a back yard, a pair of binoculars or a spotting scope is nothing and to put that thing six feet high -- the bottom of that window six foot high, it's a step ladder problem and he's talkin g about putting it in the bedroom, so I'm standing on the bed looking out of a window with a pair of binoculars. Now, you know, is he going to put fogged glass in there? What's he going to do? We haven't talked about this with him. And so I don't know what the intent is, you know, if it's a solid window and we are putting fogged glass in there that's not -- that you can't see through, that's one thing. If it's just for light. If he's putting clear glass in there, then, I have got a concern, you know. I have got neighbors that have young kids that may be sunbathing in the backyard. I don't know who is going to live in those apartments and Meridian City Council September 19, 2017 Page 20 of 34 they are going to look right in my windows from those apartments. So, I -- you know, I don't know. And everybody along that -- that whole ditch bank has got the same problem. De Weerd: Okay. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: I want to ask you -- tell me about your house. Do you have any windows above the first story on the back of your house? Thompson: Well, no, I have got a 22 foot -- 24 foot ceiling in my living room, which has an arched window that goes out the back of the house, but it's not technically part of the second story. So, no, we don't have second story windows that look out. Palmer: So, you have a much higher up window than just the first story? Thompson: Oh, yes. Palmer: Okay. Thompson: Yeah. But I don't -- I don't see that as a problem, because if I'm -- if I had a second story looking down at a house, whether that's a single story or two story, I can still see right in those windows. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Sir, you indicated that -- it sounds like you have met with the applicant on multiple occasions. Can you just state -- Thompson: I have met with him twice -- three times I guess. Myself. Cavener: Madam Mayor, follow up. And at each time that you met you said that he brought a revised plan, is that -- Thompson: Yes. Cavener: That's accurate? Thompson: That is correct. Cavener: Thank you. Meridian City Council September 19, 2017 Page 21 of 34 Thompson: And on the 26th we -- it was revised. These single dwellings -- single level buildings were changed to -- what? Townhouse I guess. Two story townhouses. Which I understand the reasoning for it and agreed with it. I understand all that. And so from a management standpoint I don't have a problem with it, but I am concerned about those windows and the privacy into the backyards of those of us that have been there for a long time. You know. And on that occasion he did agree to those of us that were at the meeting to -- to move the windows to the side. Cavener: Thank you. De Weerd: Okay. Any other questions? Thank you for coming. Thompson: You bet. Thank you. De Weerd: Okay. Any other testimony? Okay. Any follow up comments? Jewett: Jim Jewett again for the record. De Weerd: Thank you. Jewett: Yes, we have met with the neighborhood on multiple occasions. I met with them over at the Firehouse Pub and we had -- you know, a few beers and talked about the pathway. We have talked so many things in coordinating with them. The bridge over the Ten Mile Creek. And I don't recall exactly what meeting -- and I did agree to move the windows to the side. I did. Staff had concerns about not -- having a blank wall from the architectural purposes, so we came up with high windows. I don't recall if I took that plan back to them. I don't recall if I thought it was significant enough. But to have them to be frosted or somehow blocked out so that just a light and not -- I have no issue with that and I would offer that as a -- as a resolution, so -- because I really want them to be happy with what we have done and not to be disappointed in the process and so if that satisfies the neighbors and if Council is okay with that, if I'm okay to amend my own plan to allow all those to be fogged or somehow shaded so they are not see through. Bird: Madam Mayor? Jewett: To eliminate that concern. De Weerd: Thank you, Jim. Mr. Bird. Bird: What I'm hearing from you, Jim, is you're -- you're willing to -- on the back windows to have the bottom of them no lower than six foot and you're going to put obscure glass in every one of them. Jewett: Correct. Bird: Obscure glass will give you the light, but nobody can see out of it. Meridian City Council September 19, 2017 Page 22 of 34 Jewett: Correct. Bird: It's called obscure glass. De Weerd: I -- Bird: I think they are solid. Are they going to be sliders or fixed? Jewett: We almost always do them as fixed. Bird: Yeah. Jewett: So, I see no objection to keeping them fixed. Bird: That size they are not going to slide very good. De Weerd: Okay. Council, any additional questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I don't have a question. It's more of a -- just a comment. Jim, I think that you have -- you have done a really fine job accommodating to make your neighbors happy. I can't imagine, honestly, looking at that picture and the dimensions both architecturally and from a living -- from a human point of view, not having windows there I think would be cold and I think that this is a much better plan and so I'm glad that you were able to come up with something that hopefully your neighbors will be happy. So, thank you. De Weerd: Okay. Any further items from Council? Bird: If not, Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we close the public hearing on H-2017-0111. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? Meridian City Council September 19, 2017 Page 23 of 34 De Weerd: Mr. Bird. Bird: I move we approve H-2017-0111 with staff and applicant comments on -- as of -- dated September 19th, 2017, and as the applicant stated, any windows in the back will start at six foot and above and will have obscured glass in it and be fixed on second story. Borton: Second. De Weerd: I have a motion and a second to approve Item 9-B with the conditions as stated. Any discussion by Council? Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Department Reports A. Verizon Small Cell Program Discussion Continued De Weerd: Item 9-A is under department reports and this is a continued discussion on the Verizon small cell program as was presented to Council earlier this month. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I think the intent was simply to make sure we are okay moving forward in getting an agreement together. We have reached out to Verizon, they sent us some other alternative agreements, but this is not a cut and paste with ACHD. In reviewing the ACHD agreement it is very ACHD centric and not really -- because where they are allowing those are in major arterial intersections and not neighborhoods, not on light poles, they are all on mast arms of intersections. So, it's very much geared to them. We have reached out with some questions to Verizon, but the original discussion I thought last week was you were anticipating having an agreement next week. I don't anticipate having anything with -- for at least a month, because we have identified some issues internally that we need to get clarity from Verizon on how these would work, how they would interact with other ones. We have to check with our electrical provider that does all of our maintenance of our street lights and how would this impact that ability to do that without having an issue with Verizon. So, there is a number of things we have identified from Planning, Legal and mainly Public Works that we just need some questions answered. So, it's probably going to take us a little bit. But we are moving forward and, like I said, Verizon has been very cooperative in providing us with some other alternative agreements they have had in other cities, so that we can take the best of what other folks have done and, then, put that into an agreement that's very Meridian oriented and not necessarily, like I said, some of the other ones that we have seen. Boise City just passed one as well. There is a review fee that -- they didn't bring Meridian City Council September 19, 2017 Page 24 of 34 that up last week. But the ACHD actually charges a review fee to review the application, as well as their annual fee is 750 dollars a light, not a hundred. So, there is going to be, obviously, some discussion that will probably come back to you for more decision with Verizon, but we want to get most of the technical things out of the way first, so -- I just want to let you know that's kind of where we are in a week, so -- Bird: Thank you. De Weerd: Okay. Council, any comment or any suggestion on anything else they need to be looking at? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I’m personally not a fan of this agreement at all. So, I believe there is more risk than gain for the city. We don't have a -- from what -- the people that I have talked to, including our first responders, reception in the city is not an issue, so they are using that as their big sales pitch, you know, why we would want to do this, because it will help their reception and I have been told their reception is just fine, there isn't a problem. I mean when we get into people's neighborhoods, kind of a like the Costco issue, it -- we might end up with a lot of people that don't really want it in their backyard and I think it's an okay idea, but not -- not in my backyard, you know, who is -- the problems that it can cause, the injuries, the -- the harm to our equipment, I think for 200 dollars a year it's ridiculous. Or a hundred dollars a year it's not worth the risk. That's my opinion. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, being somewhat concerned about the NIMBY situation, I posted a -- I mean, obviously, this is far from scientific, but I posted on my Facebook, you know, the idea and even an image, you know, similar to the ones that they are presenting and asked what people thought and it was resoundingly -- all the comments were absolutely in favor of it. I spoke with a few other HOA board members, not really from my board, but others in the area, and they seem super excited about it and people were begging to have it in their backyard. I have a light pole that the city owns across the street from me that's at an angle, so -- I mean we -- I'd much rather have a straight light pole with a cell tower on it, than an angled light pole and so I -- the people that I heard from were all in favor of it. I was waiting for somebody to -- to come up with something to have a reason against it, other than the -- you know, and the reasons -- the possibilities you had mentioned. All I heard was good things. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council September 19, 2017 Page 25 of 34 Bird: I will ask you two first responders. With our opticom this cell tower isn't going to mess with the lights at all. I mean when you hit the opticom the lights change for you; right? Bongiorno: Unfortunately, Council Member, I -- I don't know anything about this project. No one has brought it to my attention. So, I would have a concern -- Bird: Just asking a question. When you guys get to a -- and I know the police do -- you hit -- isn't it opticom they call it? Bongiorno: Correct. Opticom. Bird: You hit that. The light changes green for you; right? Bongiorno: Correct. Bird: How is a cell tower going to interfere with that? Bongiorno: Depending on the direction and the angle of the opticom emitter hitting the item up on the pole and that's why I don't know what these items look like, if it would interfere with that signal or not. Bird: Lieutenant, you got -- Brown: Mr. Bird, I do not know how that would affect the -- Bird: I mean the cell towers could be set so that they didn’t interfere with the opticom. We don't want to interfere with the Opticom. De W eerd: Well, certainly that is a question that we can add to our list that we can research and make sure that there is no -- no interference. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'm hearing I think good feedback from Council Woman Milam and Council Member Palmer. But I guess the question would be for either you, Madam Mayor, or for Bill, is it contemplated that once the agreement is in its final form that we would have a public hearing for the public to provide feedback? As muc h as I -- I value social media comments and information that we have picked up along the way, hearing from our citizens on this and how we are going to use their resources to me seems like the ideal step. De Weerd: And I think that's an excellent idea. Once we have something that the public Meridian City Council September 19, 2017 Page 26 of 34 can look at and so that's the -- the first step is to -- to have an agreement so that people can make comment on. So, good point. Anything further from Council? Hood: Madam Mayor? De Weerd: Oh. I'm sorry, I was just thinking, okay, where did that voice just come from. I know it wasn't God, but thank you. Caleb. Hood: So, I just wanted to point out there -- I think all of you kind of touched on it with public hearings and not in my backyard and things like that. One of the -- the topics I think -- it was discussed last week when Verizon was here. One of the concerns I have is that process to not -- they are going to tell you where they need one, but when they decide where it needs -- the look and feel of that, who gets to determine that and I guess one of the things I would initially put out there for you to just consider as we continue to work towards drafting this agreement is did we come up with a design or two or three that we like decide, they are going to tell you where they need one, but when they decide what needs the look and feel of that, who gets to determine that and I guess one of the things I would initially put out there for you to just consider as we continue to work towards drafting this agreement and did we come up with a design or two or three that we like and we say in residential districts it's going to be A or B. That's it. We aren't going to customize these to look like pine trees or clock towers and it's a ca se-by-case, but -- but through the public involvement process the public gets to participate and say, okay, if one of these goes in here is what it's going to look like and everybody understands if these go in this is what they are going to look like. I guess my concern is me mediating between an HOA and a cell company and they say we need this and the HOA says we want it to look like this and who gets to decide that. So, the aesthetics part of that I think does need to be daylighted with the public to some -- and I don't know what that looks like, I'm just concerned about doing 40 or 80 or a hundred of these with one carrier and, then, we got two or there or four others and I am at meetings with all of them trying to figure out what's appropriate and not. So, if we could just, again, come -- my two cents would be I would like to see us come up with a design or two that you all like based on public input that says where ever they go they are going to look like this and that and they are going to be able to hold two different carriers and -- whatever. Well, specs basically. A spec sheet for saying this is -- if you want to build these in Meridian here is what they got to look like and we can give it to anybody that comes and we say this is what our small cell towers look like. So, that was the biggest point I think I had and to figure out how that works with our current code and are these -- are they just administratively approved? Does staff just approve them over the counter or do we want to put them through a conditional use permit process or something else to have a little bit more input from neighbors . Again, just questions that I have. I don't have answers, just some questions, so -- anyways, just wanted to put that out there. Milam: Madam Mayor? De Weerd: Caleb, I think those are -- are great points and when Verizon was here they did show a couple different styles that I do believe that the city should have a standard. I Meridian City Council September 19, 2017 Page 27 of 34 guess in the research I would hope that that standard can be universal and not changed by the carrier, that it's -- it's something that all carriers could use that same design. I would also ask that you maybe bring back recommendations on the approach if they are adding the cell towers that they do have a comprehensive plan on what they are originally submitting and maybe a window -- this particular carrier suggested 40 to begin with and up to 80 in total after three years and so what -- what that would look like. Then the public has something that they can come and comment on if they know where those locations are. So, that -- that would be my suggestion. Mrs. Milam. Milam: That reminded me of -- Madam Mayor -- one of the other issues that I have is staff time. How much staff time are we going to put into this? Is this going to end up costing us more than the proceeds. So, my proposal is for 2,000 dollars per pole it makes sense. De Weerd: Well, I think right now staff is researching it. ACHD is -- as Mr. Nary stated was a 500 dollar application with 750 dollar a year per pole fee. So, I guess staff would come back with a recommendation for Council to discuss. Certainly what they found in reading the agreement with ACHD is that the monthly fee was larger than was kind of inferred during the comments. So -- if there is nothing further, if you think of anything, please, share that with -- with Mr. Nary and we can assemble all the questions and bring back something that we can further discuss. B. Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County (EMS JPA) Annual Renewal De Weerd: Okay. Item 10-C -- or, I'm sorry, 10-B is the Joint Powers agreement for the EMS JPA. This is something that is just an annual renewal. I know the chief has kept you up to date as victories are made on this and it's -- it's just to renew that agreement for another year. And this is separate than the fire JPA that was talked about earlier this year and I know the chief is -- is planning on coming back to give an update to Council on where we are at with this. So, Council, I would entertain any questions. If there are none, I would entertain a motion. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve the Joint Powers Agreem ent for coordinating cooperative provision of emergency medical services in Ada county for the EMS JPA annual renewal. Milam: Second. De Weerd: I have a motion and a second to approve Item 10-B. If there is no discussion, Mr. Clerk. Meridian City Council September 19, 2017 Page 28 of 34 Bird: Madam Mayor, just -- De Weerd: Mr. Bird. Bird: Would the motion maker also -- we have got a letter there for the Mayor to sign -- to include that in his motion for the Mayor to sign and the Clerk to attest. Cavener: Madam Mayor -- thank you, Council Member Bird. The maker of the motion would agree the letter to be signed by the Mayor and for the Clerk to attest. Milam: Second agrees. De Weerd: Okay. Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. Resolution No. 17-2037: A Resolution Adopting the Fiscal Year 2018 Citywide Fee Schedule, Including the Fiscal Year 2018 Rate Schedule of Solid Waste Collection Services; Superseding all Previously Adopted Fees, with the Exception of Recreational Programing Fees; Authorizing City Departments to Collect Such Fees; and Providing an Effective ate. De Weerd: Item 10-C is Resolution 17-2037. Council, any items regarding this item? Any questions regarding this item. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Somehow my eyes totally skipped this when I was reading through the agenda. Darn it. When it was first discussed I had pulled it up and there were a few things that were -- that didn't make sense, unless I just didn't understand them. Where it was talking about some building permits or -- that were like 64 dollars per square foot and -- now I'm trying to pull it up. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council September 19, 2017 Page 29 of 34 Nary: Madam Mayor. So, if I recall, Council Member Palmer, there is some of them that are listed on there that are for patio covers, additions to homes, and they are based on the square footage and what they do is that tells the value of the project . Then the cost of the permit is 50 dollars plus every thousand dollars of value has a cost. So, it's not -- like the example we talked about was the 16 dollar per square foot for the patio cover . So, if you build a hundred square foot patio cover, are you paying 1,600 dollars? You're not. You're paying -- you're paying the value of 50 dollars plus the thousand rounded up to the next thousand. So, if that was a 1,600 dollar value patio cover, you would pay 50 dollars, plus the 2,000 a square foot value of that. So, I sent out an e-mail with a memo attached to that planning provided -- and if you give me a second I can pull that up. Palmer: Madam Mayor, that was the most governed explanation of something I ha ve ever heard. Nary: Of course. Of course it is. De Weerd: It's from the attorney. Of course. Can you say that in English? Nary: Sure. So, all of our building -- yeah. It is correct. All of our building permits are based on the value of the construction. Palmer: Okay. Nary: And so that's how they determine what the value is. So, there is a -- there is, basically, a -- like for this one, for example, a 1,300 square foot house, $94.06 is how the value of the house -- addition of the house is valued. So, you take that number, it's 50 dollars, plus 150 times 550. So, the building permit for a house that's 1,350 square feet with a 600 square foot garage, the building permit is 875 bucks. So, it's all based on value. So, that's what was maybe misleading in that. It was trying to establish the fees for the value in there, so it wasn't the fee that you pay. It's correct. Palmer: Madam Mayor, as long as it's right I'm good and wasn't -- Nary: It is. Palmer: -- 1,600 dollars for a one hundred square foot patio cover. Sounds good. Bird: If you want to pay that I will take it. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Resolution No. 17-2037. Palmer: Second. Meridian City Council September 19, 2017 Page 30 of 34 De Weerd: I have a motion and a second to approve Item 10-C. Any discussion? Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Ordinances A. Ordinance No. 17-1747: An Ordinance (Rockbury Subdivision H-2017-0018) of the City of Meridian granting re- zoning of a Parcels of Land situated in the Southeast ¼ and the Southwest ¼ of Section 22, Township 4 North, Range 1 West, Boise, Ada County, Idaho, As Described in Attachment “A”; Establishing and Determining the Land Use Zoning Classification of Said Lands from R-15 (Medium High Density Residential District)(8.95 acres) and C-N (Neighborhood Business District)(16.11 acres) to R-15 (Medium High Density Residential District)(6.71 acres) and C-N (Neighborhood Business District)(18.38 acres)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: Now comes the most exciting part of our agenda. The reading of the ordinances. 11-A is Ordinance 17-1747. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1747: An Ordinance, Rockbury Subdivision, file H-2017-0018, of the City of Meridian, granting re- zoning of parcels of land situated in the southeast ¼ and the southwest ¼ of Section 22, Township 4 North, Range 1 West, Boise, Ada county, Idaho, as described in Attachment “A”; establishing and determining the land use zoning classification of said lands from R-15 (Medium High Density Residential District)(8.95 acres) and C-N (Neighborhood Business District)(16.11 acres) to R-15 (Medium High Density Residential District)(6.71 acres) and C-N (Neighborhood Business District)(18.38 acres) 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 September 19, 2017 Page 31 of 34 De Weerd: You have heard this item read by title. Is there anyone who would like to hear it read in its entirety? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none, I propose -- I move that we approve Ordinance No. 17 -1747 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 11-A. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. B. Ordinance No. 17-1748: An Ordinance (Stor-It Self Storage H- 2017-0071) of the City of Meridian granting annexation and zoning of a Parcel of Land situated in a Portion of the North ½ of the Southeast ¼ of Section 34, Township 4 North, Range 1 West, Boise, 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 I-L (Light Industrial 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: 11-B is Ordinance 17-1748. Mr. Clerk. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1748: an Ordinance, Stor-It Self Storage, file number H-2017-0071, of the City of Meridian granting annexation and zoning of a parcel of land situated in a portion of the north ½ of the southeast ¼ of Section 34, Township 4 North, Range 1 West, Boise, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada Meridian City Council September 19, 2017 Page 32 of 34 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 I-L (Light Industrial 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 11-B read by title. I don't see anyone wanting to hear it read in its entirety. So, Council, I would entertain a motion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 17-1748 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 11 -B. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. Ordinance No. 17-1749: An Ordinance (Goddard Creek H-2017- 0007) of the City of Meridian granting rezoning of a Parcel of Land Situated in the SE ¼ of the SW ¼ of Section 26, Township 4 North, Range 1 West, Boise, Ada County, Idaho, As Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of Said Lands from R-4 (Medium Low Density Residential District) to C-C (Community Business 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: 11-C is Ordinance 17-1749. Mr. Clerk. Meridian City Council September 19, 2017 Page 33 of 34 Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1749: An Ordinance, Goddard Creek, H-2017-0007, of the City of Meridian granting rezoning of a parcel of land situated in the SE ¼ of the SW ¼ of Section 26, Township 4 North, Range 1 West, Boise, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory situated in Ada county, Idaho; establishing and determining the land use zoning classification of said lands from R-4 (Medium Low Density Residential District) to C-C (Community Business 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, do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 17-1749 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 11 -C. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics De Weerd: Council, under Item 12 we do have a couple of upcoming items and events. On Wednesday, tomorrow, we have our candidate forum at Meridian High School starting at 6:30. Meridian Business Day is this Friday from 8:00 to 1:00 right here at City Hall. So, parking will be complicated. Treasure Valley Youth Safety Summit is also on Friday, September 22nd, from 7:30 to 2:30 at Yahoos. The Mayor's Senior Advisory Board is doing -- in partnership with the Fire Department -- CPR training on Saturday, September 23rd from 9:00 to 11:00 at the public safety training center and a week from today is the Recovery Day Breakfast providing a good program with the Meridian Anti-Drug Coalition and that begins at 7:30 a.m. at the Meridian Police Department. Anything further under this item? Meridian City Council September 19, 2017 Page 34 of 34 Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: For anyone that was planning on going to the AmeriBen/IEC grand opening, they have planned on rescheduling it. They decided that the weather report was not conducive to having an outside event. De Weerd: And it looks like it will be sometime the first or second week of October. So, we will get that out to you when it is scheduled. So, thank you for bringing that up. And to the students that have managed to stay through the reading of the ordinances, I have a City of Meridian pin for you and with that I will ask for a motion to adjourn. Milam: So moved. Bird: So moved. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:09 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) q l d6 l -7 MAYOR TAM DE WEERD DATE APPROVED 411/ ATTEST: TED C. JA COL S CI LERK O( or W VJ 4 IAN "� SEAL �'/ ADA COUNTY RECORDER Christopher D. Rich 2017-089731 BOISE IDAHO Pgs=5 VICTORIA BAILEY 09/22/2017 12:12 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT W6, A- �nC THIS INDENTURE, made this /�1 day of 20Jbetween (OK) ,the parties of the first part, and hereinafter called the Grantors, and the City o Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service 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 for the operation and maintenance of a sewer line 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 sanitary sewer line 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 undertaldng 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 any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement REV. 08/15/16 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 WH�RI;OF, tqe said parties of the first part have hereunto subscribed their signatures the � y and year f" st herein above written. GRANTOR: President [4) 71 & OV� M 23by), Address Secretary STATE OF IDAHO ) ) ss County of Ada ) Sewer Iv On this )00 day of QjkN 20 (, before me, the undersigned, a Notary Public in and for said State, peri4nally appearedi q� Al 0-0-W and 08'a w U ( fa , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hergunto,set my hand and affixed my official seal the day OTARY PUBMIC FORAHO�A Residing at: ( l ,t , Commission Expires: L REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Tammy by C.Vy Coles, City Clerk Approved By City Counoil On, STATE OF IDAHO ss County of Ada _�V City of (�EIDIAN IDAHO SEAt � b On this day o 2Q I I- . before. me, the undersigned, 4 Notary Public in and fo y- said. Stato,..perso'Aallyoppeared TAMMY DE WEERD and CJAY COLES known tome to be the Mayor and -City Clerlk, respedtively, of the .City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of. -Meridi4ii executed the same. IN WITNESS WHEREOF, I* have hereunto set my hand and affixed my -official seal the day, and year first above written,: t ** '6101111"' kjN B11 fi4 ptjo'� NOTARY PUBLIC FOR 1pAHC(j Residing at: SAA dAU0 Commission ssion Explros:& -rR*p "AQ Sewer. MaitflUsement REV. 011511 G EM J•U•B ENGINEERS, INC. J -U -L' COIbIRAM1ES cxkklk Roundtree Place Subdivision Sewer Easement NO. 1 Project Number 10-16-064 August 24, 2017 I THE I GATEWAY LANOOON NAPPING GROUP I INC. A 20 foot wide strip of land within a portion of Lot 18, Van Hees Subdivision, according to the plat thereof filed in Book 12 of Plats at Page 688, records of Ada County, Idaho, situated in the East 1/2 of the East 1/2 of the Northeast 1/4 of Section 14, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly describe as follows: Commencing at a found aluminum cap, PLS 1029, marking the northeast corner of said Section 14; Thence South 00°33'17" West, 2657.50 feet to a found 5/8" rebar, uncapped, marking the East 1/4 corner of said Section 14; Thence North 89°12'41" West, 25.00 feet to a 5/8" rebar on the west right-of-way line of South Linder Road and marking the southeast corner of said Lot 18; Thence along said west right-of-way line, North 00°33'17" East, 184.88 feet Thence leaving said west right-of-way line, North 89°12'59" West, 23.00 feet to the POINT OF BEGINNING; Thence continuing, North 89°12'59" West, 131.64 feet to the point of curve of a non -tangent curve to the left; Thence a distance of 24.69 feet northwesterly along said non -tangent curve to the left, with a radius of 70.00 feet, said curve having a central angle of 20°12'28", and a long chord bearing North 34°41'50" West, 24.56 feet; Thence South 89°12'59" East, 145.81 feet; Thence South 00°33'17" West, 20.00 feet to the POINT OF BEGINNING. Said strip of land contains 2,757 square feet, more or less. End of Description ot Page 1 of 1 !7'1„'111111779 r Q„vY"` y �r r `,����� u 250 S. Beechwood Avenue Suite 201 Boise, ID 83709 208-376-7330 /'208-323-9336 iv www.jub.com ADA COUNTY RECORDER Christopher D. Rich 2017-089732 BOISE IDAHO Pgs=5 VICTORIA BAILEY 09/22/2017 12:12 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT Iv 0 . L THIS INDENTURE, made this day of �%, 20�between Ny*n9wes-li-t1hrec parties of the first part, and hereinafter called the Grantors, and the City o Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewerright-of way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service 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 for the operation and maintenance of a sewer line 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 sanitary sewer line 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 any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement REV. 08/15/16 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 �he-da—y and year first herein above written. GRANTOR: President Jq�7 E.0VeA ,,d Rif Me;Ji-j j ZZ k'36V Adaress Wo,,_ L, — Secretary STATE OF IDAHO ) ) ss County of Ada ) On this 2 �h'` day of 0 1 (L Llt , 20_U, before me, the undersigned, a Notary Public in and for said State, peRonally appeared N),te..m bay �gy" and ( '&�kj Wko"e , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist Y�00 10 00 IP (SEAL) � A 8°OTAy 0 b b b b b PUBLIC bb! Sewer Main Easement "'IN111,4111111110 OTARY PUBLICS FOR IDAHO Residing at: UtAt i Commission Expires: LZ- V. 08/15/16 GRANTEE: CITY OF MERIDIAN Tammy de Weer 6, x4yor Att4t by C,Vy Coles, City Clerk 40 -Pp", ED A 0c�o C%%%Clly or rDrarr� SEAL Approved By City Council On:. q1 /1/ 12)(7 STATE OF IDAHO ) , ss County of Ada On this q day of D)MVWY, 20A]---,,. before me, the undersigned, a Notary Public in f6 said. State,. personally RD and r . appeared DR WEER . and CJAY 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 mp that the City .of Meridian .executed the same. IN WITNESS WHEREOF, I have hereunto sot ray handand affixed my official seal the day 'and year first above written,. NO ARY LIC FOR -DPAH0 Residing. at: 1m. Commission Expires 3 - ao sewer Main WI e� I M REV. 0.8/15/16 . md J•U•9 ENGINEERS, INC. 1 U i1 C.r;u' IPAII)IES '�� `an up.N MAeP"I'° _ �'�� 1 I �U I �1f ✓.�I�. Roundtree Place Subdivision Sewer Easement NO. Z Project Number 10-16-064 October 7, 2016 A 20 foot wide strip of land within a portion of Lot 18, Van Hees Subdivision, according to the plat thereof filed in Book 12 of Plats at Page 688, records of Ada County, Idaho, situated in the East 1/2 of the East 1/2 of the Northeast 1/4 of Section 14, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly describe as follows: Commencing at a found aluminum cap, PLS 1029, marking the northeast corner of said Section 14; Thence South 00033'17" West, 2657.50 feet to a found 5/8" rebar, uncapped, marking the East 1/4 corner of said Section 14; Thence North 89012'41" West, 25,00 feet to a 5/8" rebar on the north right-of-way line of Waltman Street and marking the southeast corner of said Lot 18; Thence leaving said north right-of-way line and southeast corner, North 70°12'33" West, 520.15 feet to the POINT OF BEGINNING; Thence South 23°17'01" West, 9.67 feet; Thence South 00°33'48" West, 120.43 feet; Thence North 89°12'41" West, 20.00 feet; Thence North 00033'48" East, 124.37 feet; Thence North 237.7'01" East, 16.88 feet to the point of curve of a non -tangent curve to the left; Thence a distance of 20.38 feet southeasterly along said non -tangent curve to the left, with a radius of 52.00 feet, said curve having a central angle of 22°27'35", and a long chord bearing South 5.738'31" East, 20.25 feet to the POINT OF BEGINNING, Said strip of land contains 2,701 square feet, more or less End of Description " � t „ Page 1 of 1 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 J' 208-3239336 tv www.iub.com CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0093 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request to Amend the Recorded Development Agreement (DA) (instrument #113077158) for the Purpose of Removing the Subject Property from the Governing DA and Entering into a new DA to Develop a 336-unit Multi-family Project, by Wolff Enterprises II, LLC. Case No(s ). H-2017-0093 For the City Council Hearing Date of: July 25 and August 22, 2017 (Findings on September 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 22, 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-2017-0093 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 22, 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 development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 22, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. 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 August 22, 2017 By action of the City Council at its regular meeting held on the day of GqJ 2017. COUNCIL PRESIDENT KEITH BIRD VOTED %e� COUNCIL VICE PRESIDENT JOE BORTON VOTED yell COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED YC41 COUNCIL MEMBER. TY PALMER VOTED A COUNCIL MEMBER LUKE CAVENER VOTED Ya' COUNCIL MEMBER GENESIS MILAM VOTED I&t MAYOR TAMMY de WEERD VOTED (TIE BREAKER) -amm Weerd Attest: O�Qo�p"I AUGVST',� 2ow c11y or �E IDIS IANC- IOAHO C, ay Co w City Clerk Z�� SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: wvba-Q W Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0093 - 3 - EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 1 STAFF REPORT HEARING DATE: August 22, 2017 (Continued from July 25, 2017) TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor (208) 884-5533 SUBJECT: Linder and Overland Road Apartments – H-2017-0093 I. SUMMARY DESCRIPTION OF REQUEST The applicant, Wolff Enterprises II, LLC, is requesting to amend the recorded development agreement (DA) (instrument #113077158) for the purpose of removing the subject property from the governing DA and entering into a new DA to develop a 336-unit multi-family project. For informative purposes, the applicant has provided a concept plan and sample elevations that represents the future design of the proposed development. Further, refinement of the site plan and building elevations will occur with the submittal of a certificate of zoning compliance and administrative design review application if Council grants approval of the subject DA modification. II. SUMMARY RECOMMENDATION Staff recommends approval of the development agreement modification application as detailed in Section VII and the Exhibits A.3-A.6 in the staff report. The Meridian City Council heard this item on July 25 and August 22, 2017. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: ii. In opposition: None iii. Commenting: Nancy Szofran (in opposition), Stephanie Downs (in opposition) and Adam Braden (in opposition) iv. Written testimony: None v. Staff presenting application: Bill Parsons and Warren Stewart vi. Other staff commenting on application: Bill Nary b. Key issue(s) of Public Testimony: i. Too many apartments in Meridian. ii. Surrounding neighbors were not informed of the proposed multi-family development. iii. Adequate public services to serve multi-family developments. c. Key Issues of Discussion by Council: i. Landscape design of the ACHD retention ponds and confirmation from ACHD on the inclusion of the ponds as qualified open space. ii. Design of the proposed development. iii. Public hearing notification regarding development agreement modifications. iv. Adequate water and sewer capacity to serve the proposed development with the increase in density. v. Parking ratio for the proposed development. vi. Add a minimum of two tot lots as amenities for the development. d. Key Council Changes to Staff Recommendation i. Council required additional exhibits to be included in the development agreement (see Exhibit A.3 and A.4). EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 2 ii. DA provision #5 – Council struck the requirement to coordinate with ACHD on the inclusion of the ACHD retention ponds. Both staff and the applicant contacted ACHD and it was confirmed that the applicant could improve the retention ponds and incorporate them into the overall open space of the proposed development. iii. DA provision #6 – Council struck this DA provision. AutoCAD file was submitted to Public Works for modeling after the July 25 th hearing. The modeling determined there was adequate water and sewer capacity to serve the proposed development. III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve file number H-2017- 0093, as presented in staff report for the hearing date of August 22, 2017, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a Development Agreement for this site that reflects the provisions noted in Exhibit A.6. Denial After considering all staff, applicant, and public testimony, I move to deny file number H-2017-0093, as presented during the hearing on August 22, 2017. (You should state why you are denying the request.) Continuance I move to continue file number H-2017-0093 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the south side of W. Overland Road, west of S. Linder Road in the NE ¼ of Section 23, Township 3 North, Range 1 West. (Parcel #S1223120620) B. Applicant: Wolff Enterprises, LLC 6710 E. Camelback Road, Suite 100 Scottsdale, AZ 85251 C. Evangelical Lutheran Church of America 8765 W. Higgins Road Chicago, IL 60631 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: July 7, 2017 C. Radius notices mailed to properties within 300 feet on: June 29, 2017 D. Applicant posted notice on site by: July 14, 2017 VI. LAND USE A. Existing Land Use(s): The subject property is vacant property, zoned TN-C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by undeveloped and underdeveloped commercial and residential properties, EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 3 zoned C-C, TN-C and TN-R. Near the proposed development are county residents and single- family homes, zoned, RUT, R-8 and TN-R. C. History of Previous Actions: • In 2007, this property was annexed (AZ-06-031) with a development agreement (Instrument No. 107074205) and preliminary platted (PP-06-031) as part of Southridge Subdivision. • A property boundary adjustment (PBA-08-014) was approved in 2008 that identified 10 original parcels of record that were of record in the Ada County recorder’s office prior to April 2, 1984. The boundaries of these parcels were adjusted so that the parcels that were consistent with the master concept plan and the development agreement could move forward without platting (ROS 8550). This site is parcel 2 on said record of survey. • In 2008, a Conditional Use Permit (CUP-08-027) and a development agreement modification (MDA-08-004) were approved on the subject property to develop an 87,757 square foot assisted living facility containing 187 residential units. The amended DA recorded as instrument #1111099621. The amended DA replaced the original DA approved with the annexation of the property noted above. • In 2012, another development agreement modification (MDA-12-009) was approved by the City that replaced the DA approved with MDA-08-004. The recorded DA governing the site recorded as Instrument #113077158. VII. STAFF ANALYSIS The applicant wishes to remove the subject property from the original development agreement and enter into a new DA with the City. With the previous DA modification (MDA 12-009), the Council approved a new conceptual development plan and capped the number of residential units that could develop on the subject property (see Exhibit A.2). The approved concept plan depicts an assisted living facility, church and associated site improvements. The number of residential units that are currently allowed to develop on the property is 250 units. The applicant has submitted a new concept plan and conceptual building elevations depicting a 336- unit multi-family development consisting of fourteen (14) three-story apartment buildings and a 9,000 square foot clubhouse/community building, all to develop in a single phase. The new concept plan also depicts site access, open space/amenities, parking and site circulation (see Exhibit A.3 and A.4). The open space proposed for the project is approximately 1.86 acres and the applicant is proposing the following amenities: 1) Clubhouse; 2) pool and spa; 3) Fitness room; 4) Children’s play structure; and 5) two (2) barbecue areas and picnic areas. NOTE: The site is currently developed with three (3) ACHD retention ponds. To ensure that this is an attractive development, staff believes that the applicant should make every effort to incorporate these facilities into their proposed design. If the ponds are designed in accord with UDC 11-3B-11, these facilities could count towards the required open space for the proposed development. EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 4 The building materials proposed for the apartments and clubhouse include board and batten siding, fiber cement paneling, and composite shingles. In general, staff is supportive of the proposed building materials however, the proposed structures need to provide variations in design, building materials wall plane and rooflines as desired by the architectural standards manual (ASM). Compliance with the ASM will occur with the submittal of the design review application. If the DA modification is approved the underlying zoning of the property (TN-C) only requires the applicant to receive CZC and DES approval (staff level approval). In general, staff is supportive of the design concepts, open space and amenity package submitted with the application however; a comprehensive review of the submitted plans has not been done to ensure the plans as submitted comply with all of the multi-family standards and the design standards of the UDC and the ASM. Further refinement will be necessary to ensure the site and building designs comport with the structure and site design standards set forth in UDC 11-3A-19 and the design guidelines contained in the Architectural Standards Manual (ASM) and the open space and site amenities set forth UDC 11- 3G and UDC 11-4-3-27. Staff recommends the following DA provisions be incorporated into a new development agreement as follows: 1. Development of the property shall generally comply with the concept plan and building elevations attached in Exhibit A.3 and A.4, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). 2. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. Any future multi-family development on the site must obtain approval of a certificate of zoning compliance and administrative design review application and comply with the specific use standards set forth in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 11- 3G. 4. The applicant shall construct a maximum of 336 residential units on the site. 5. The applicant shall coordinate with ACHD and incorporate the three (3) retention ponds as part of the proposed development. The existing retention ponds may count towards the required open space if designed in accord with UDC 11-3B-11. 6. With submittal of the CZC and DES application, the applicant shall submit Autocad files of the proposed development per Public Works specifications, so that capacity modeling can be completed to ensure there is adequate sewer capacity and fire flows to serve the proposed development. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map 2. Approved Concept Plan 3. Proposed Concept Plan (REVISED) 4. Proposed Building Elevations (REVISED) 5. Legal Description and Exhibit Map Subject to the New DA 6. Proposed Development Agreement Provisions EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 5 Exhibit A.1 – Vicinity/Zoning Map EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 6 Exhibit A.2 – Approved Concept Plan Site EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 7 Exhibit A.3 – Proposed Concept Plan (REVISED) EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 8 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 9 Exhibit A.4 – Proposed Building Elevations (REVISED) EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 10 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 11 Exhibit A.5 – Legal Description and Exhibit Map Subject to the New DA EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 12 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 13 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 14 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 15 Exhibit A.6 – Recommended Development Agreement Provisions 1. Development of the property shall generally comply with the concept plan and building elevations attached in Exhibit A.3 and A.4, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). 2. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. Any future multi-family use on the site must obtain approval of a certificate of zoning compliance and administrative design review application and comply with the specific use standards set forth in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 11-3G. 4. The applicant shall construct a maximum of 336 residential units on the site. 5. The applicant shall coordinate with ACHD and incorporate the three (3) retention ponds as part of the proposed development as depicted in Exhibit A.4. The existing retention ponds may count towards the required open space if designed in accord with UDC 11-3B-11. 6. With submittal of the CZC and DES application, the applicant shall submit Autocad files of the proposed development per Public Works specifications, so that capacity modeling can be completed to ensure there is adequate sewer capacity and fire flows to serve the proposed development. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0091 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Short Plat Consisting of Three (3) Building Lots on 0.592 of an Acres of Land in the R-8 Zoning District for Blackstone Subdivision No. 2, by Blackstone Commons, LLC. Case No(s). H-2017-0091 For the City Council Hearing Date of: July 25, 2017 (Findings on September 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 25, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 25, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 25, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 25, 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-2017-0091 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 25, 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 short plan is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 25, 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). 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 25, 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 MAYOR TAMMY de WEERD (TIE BREAKER) 1 1 day of Mayor TammVJeerd Attest: a '� p �► Chy or w C -/VI E IDIAN�i- � IDANO SEAL Clay Coles City Cleric �R0 th rREPgV�� VOTED /& VOTED VOTED Yep VOTED IN VOTED l VOTED / y VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Ckmkyu W Dated: 16A -IQ Cy-hi(yu I 2 i' City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0091 - 3 - EXHIBIT A Blackstone Subdivision No. 2 – SHP H-2017-0063 PAGE 1 STAFF REPORT HEARING DATE: July 25, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Blackstone Subdivision No. 2 – SHP (H-2017-0091) I. APPLICATION SUMMARY The applicant, Blackstone Commons, LLC, has applied for short plat (SHP) approval of 3 building lots on 0.592 acres of land in the R-8 zoning district for Blackstone Subdivision No. 2. II. STAFF RECOMMENDATION Based on the criteria listed in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions and Findings stated in this report. The Meridian City Council heard this item on July 25 and August 15, 2017. At the public hearing, the Council approved the subject SHP request. a. Summary of City Council Public Hearing: i. In favor: Penelope Riley (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Kyle Radek b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. Modify condition 1a under site specific conditions of approval. ii. Remove conditions, 1, 6, 7, and 19 under general requirements. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0091 as presented in the staff report for the hearing date of July 25, 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-2017-0091, as presented during the hearing on July 25, 2017, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Blackstone Subdivision No. 2 – SHP H-2017-0063 PAGE 2 Continuance I move to continue File Number H-2017-0091 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notification published on: Jul y 7, 2017 c. Radius notices mailed to properties within 300 feet on: June 29, 2017 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4700 W. Aspen Creek Street, in the NW ¼ of Section 10, Township 3N., Range 1W. B. Applicant/Owner(s): Blackstone Commons, LLC 18140 Zane Street NW #120 Elk River, MN 55330 C. History: In 2001, the subject site was platted as Lot 5, Block 1, with the Blackstone Subdivision (PFP-07- 004). In 2007, the property was approved for a rezone (RZ-07-023) and a preliminary/final plat combination (PFP-07-004). VI. STAFF ANALYSIS The proposed short plat depicts three (3) residential building lots on 0.592 acres of land in an R-8 zoning district. The property currently consists of one parcel of land. All three lots in the proposed subdivision comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. This property has street frontage on W. Aspen Creek Street, a local street. All three (3) lots have frontage onto W. Aspen Creek Street and access will be provided by the way of a common driveway in accord with UDC 11-6C-3D. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements to recommend approval as proposed. VII. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Short Plat (dated: 5/9/17) 3. Landscape Plan (dated: 4/20/17) EXHIBIT A Blackstone Subdivision No. 2 – SHP H-2017-0063 PAGE 3 B. Agency Comments/Conditions of Approval C. Required Findings from Unified Development Code EXHIBIT A Blackstone Subdivision No. 2 – SHP H-2017-0063 PAGE 4 Exhibit A.1 – Vicinity/Zoning Map EXHIBIT A Blackstone Subdivision No. 2 – SHP H-2017-0063 PAGE 5 Exhibit A.2 – Short Plat EXHIBIT A Blackstone Subdivision No. 2 – SHP H-2017-0063 PAGE 6 Exhibit A.3: Landscape Plan (dated: 6/09/17) EXHIBIT A Blackstone Subdivision No. 2 – SHP H-2017-0063 PAGE 7 Exhibit B. Conditions of Approval SITE SPECIFIC CONDITIONS 1. The final plat prepared by Accurate Surveying and Mapping, by Nathan J. Dang, shall be revised as follows: a. The common driveway and the required 5-foot wide landscape buffers adjacent to the common driveway shall be located in a common lot shared easement for the subdivision. b. Prior to signature on the final plat, the applicant shall provide a copy of a recorded cross - access easement from the common driveway lot and parcel #S1210223315. c. Any existing structures must meet the dimensional standards of the R-8 zoning district. 2. The landscape plan, prepared by Stack Rock Group, dated 6/09/17, shall be revised as follows: a. The applicant shall provide a 5-foot landscape buffer in a common lot adjacent to the northeast boundary of Lot 1, Block 1. The applicant shall provide an electronic copy of the revised landscape plan prior to signature on the final plat. 3. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 4. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 5. Applicant shall create easements for the benefit of adjacent lots for the water and sewer services crossing the lots. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 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 EXHIBIT A Blackstone Subdivision No. 2 – SHP H-2017-0063 PAGE 8 materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. EXHIBIT A Blackstone Subdivision No. 2 – SHP H-2017-0063 PAGE 9 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (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 EXHIBIT A Blackstone Subdivision No. 2 – SHP H-2017-0063 PAGE 10 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. EXHIBIT A Blackstone Subdivision No. 2 – SHP H-2017-0063 PAGE 11 Exhibit C – Required Findings from the Unified Development Code In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Medium-density residential. The current zoning district of the site is R-8. The proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the R-8 district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer’s expense. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Council recognizes the fact that traffic and noise will increase with the approval of this subdivision and subsequent development; however, staff does not believe that it will be detrimental to the general welfare of the public in the surrounding area. Council finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Council is not aware of any significant natural, scenic or historic features associated with the development of this site. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0055 - 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 60 Building Lots and 7 Common Lots on 18.99 Acres of Land in an R-4 Zoning District for Burlingame Subdivision, by Mason and Stanfield, Inc. Case No(s). H-2017-0055 For the City Council Hearing Date of: August 15, 2017 (Findings on September 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 19, 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-2017-0055 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 19, 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 September 19, 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-2017-0055 - 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 September 19, 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 MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tamme Weerd _. TEDAL/n. Attest: nor %t C-�V[ (i EIDIANI.- IDAHO C4,ay Cos SEAL City Clerk ����� day of VOTED /f4 VOTED / VOTED /� VOTED VOTED _V& VOTED 4 VOTED Copy served upon Applicant, Community Development Department; Public Works Department and City Attorney. By: 0 ymvyu Dated: ���t'e.YY��QA. 6 a► City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION R ORDER FILE NO(S). H-2017-0055 - 4 - EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 1 STAFF REPORT HEARING DATE: August 15, 2017 (Continued from June 27, and July 5, 2017) TO: Mayor and City Council FROM: Joshua Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Burlingame Subdivision – MDA, PP (H-2017-0055) I. SUMMARY DESCRIPTION OF APPLICANTS’ REQUEST The applicant, Mason & Stanfield, Inc., 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 60 building lots and 7 common area lots on 18.99 acres of land in an R-4 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 June 1, 2017. At the public hearing, the Commission moved recommend approval of the project. a. Summary of Commission Public Hearing: i. In favor: James Prather, Will Mason ii. In opposition: None iii. Commenting: Carla Mace, Kate Delgado-Miller, Don Clower, iv. Staff presenting application: Josh Beach v. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Continued irrigation warter arriving at the adjacent properties ii. Concerns regarding the easement that crosses both the LDS and seventh day Adventist properties to the east and who will be allowe3d to use this easement in the future. iii. Construction traffic for the development should come off of Cherry and not through the Turnberry Subdivision. iv. Concerns that this project will turn into a multi-family development. c. Key Issues of Discussion by Commission: i. Amount of open space provided, and specifically allowing a large retention pond to be used in the open space calculation. ii. Maintaining the availability of adjacent properties to use their allotted irrigation water. iii. Whether to and where to require stub streets. iv. Access to Cherry Lane for the existing house and how to make that happen. v. Concerns that the open space and amenities are not distributed evenly throughout the subdivision. d. Commission Change(s) to Staff Recommendation: i. Remove condition 1.1.1B ii. Remove condition 1.1.1C EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 2 iii. Modify condition 1.1.1E as follows “Provide a 10-foot multi-use pathway along the north side of W. Bellevue Court, the east side of N. O’Connor Avenue and along the existing access easement out to N. Black Cat Road. This multi-use pathway shall extend from the west boundary of the plat and extend to N. Black Cat Road. stub the pathway to the east property line in line with the existing easement. iv. Add a DA condition that the applicant be required to show amenities on both the north and south sides of the development. e. Outstanding Issue(s) for City Council: i. Request to leave the Stafford Sublateral and Settlers Canal open. ii. The request to modify the development agreement. The Meridian City Council heard these items on August 15, 2017. At the public hearing, the Council approved the subject PP and MDA requests. a. Summary of City Council Public Hearing: i. In favor: James Prather, Will Mason ii. In opposition: John Vogler, Steven Hunt iii. Commenting: John Vogler, Will Mason, Jarron Langston iv. Written testimony: Letter from Turnberry HOA and a petition v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Kyle Radek, Caleb Hood b. Key Issues of Discussion by Council: i. Concerns over the irrigation pond and how the pond will be maintained. ii. Discussion on the location of stub streets. iii. The 25-foot landscape buffer along Cherry Lane. iv. Access to the existing home that fronts on Cherry Lane. c. Key Council Changes to Staff/Commission Recommendation i. Add condition 1.1.2 to read as follows “The applicant shall maintain a 25 foot landscape buffer along the entire frontage of W. Cherry Lane; this includes across the frontage of parcel# S1204449040.” ii. Add condition 1.1.3 to read as follows “The irrigation retention pond shall be designed in accord with UDC 11-3G-3B8.” III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2017-0055, 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 of File Number H- 2017-0055, 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-2017-0055 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 Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 3 The subject property is located near the northeast corner of W. Cherry Lane and N. Black Cat Road in the SW ¼ of Section 4, Township 3N., Range 1W. B. Applicant: Mason & Stanfield, Inc. 826 3rd Street South Nampa, Idaho 83651 C. Owner: Yuriy Mukha 5504 N. Senita Hills Avenue Meridian, ID 83646 D. Representative: Will Mason, Mason & Stanfield, Inc. 826 3rd Street South Nampa, Idaho 83651 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: May 12, 2017 (Commission) June 9, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: May 4, 2017 (Commission) June 8, 2017 (Council) D. Applicant posted notice on site by: May 16, 2017 (Commission) June 12, 2017 (Council) VI. LAND USE A. Existing Land Use(s): There are currently two existing single-family home on the subject property. These homes are proposed to remain as part of the subdivision. The property is zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residential (Turnberry Crossing), zoned R-4 South: Single-family residential property, zoned RUT in Ada County East: Two Church buildings, zoned L-O West: Single-family residences, zoned RUT in Ada County C. History of Previous Actions:  In 2006, this property was annexed and zoned (AZ-06-018) as Incline Village Subdivision; a development agreement was approved as a provision of annexation recorded as Instrument No. 106151230. A preliminary plat was also approved (PP-06-016) as Incline Village Subdivision.  Also in 2006, a final plat (FP-06.045) was approved for the property. The final plat however, was never recorded with the County and has since expired. One of the existing homes on the property was removed from the plat through a property boundary adjustment. EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 4 D. Utilities: a) Location of sewer: The western portion of this development along N Bonita Avenue is proposed to sewer to the east to the existing sewer main in Black Cat Road, however this area is master planned to sewer to the west. b) Location of water: The proposed project lies on the edge of the current pressure zone boundary. The development shall be required to connect to the existing mainline stub in N. O’Conner Avenue to the north; however this connection will not be able to serve the property until the pressure zone boundary is adjusted (likely 6-12 months). To enable service with the current pressure zone boundary, the project must connect to the east to the existing water main in Black Cat Road or to the existing mainline within the LDS Church parking lot. Applicant must also provide a means for water main to be connected to west in future. c) Issues or concerns: The developer will need to prove that adequate depth and cover can be provided over the sewer mains in the western side of the development. In addition, a sewer stub should be provided to service 5120 & 4920 W Cherry Lane either east from N Bonita Avenue or south from W Filoli Court if the portion of property along N Bonita Avenue is allowed to sewer out of master planned sewer shed. Sufficient capacity is available in the sewer trunk line in N Black Cat Road for this development. E. Physical Features: 1. Canals/Ditches Irrigation: The Stafford Sublateral and Settlers Canal run along the northern boundary of this property. There appears to be other irrigation ditches that traverse through this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 2. Hazards: No hazards have been identified 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 Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. Low density residential areas are anticipated to contain up to three dwellings per acre The applicant proposes to develop the site with 60 single-family residential homes at a gross density of 3.16 dwelling units per acre (d.u./acre) and a net density of 4.43 d.u./acre, which is consistent with the LDR FLUM designation. Staff is requiring three additional stub streets for the project which will require the applicant to modify the plat and will reduce the number of lots proposed for the plat. This reduction in the number of buildable lots should get the plat below the target density in the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02F) A 25-foot wide street buffer is required along W, Cherry Lane, designated as an arterial street, 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. EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 5 The proposed 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.  Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (3.03.03C) The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the north (O’Conner Avenue). In addition, because staff anticipates that the parcels to the west will redevelop in the near future; staff recommends two additional stub streets to the west and one to the south as part of the project. These stub streets will provide for greater connectivity in the area once those parcels are redeveloped.  “Restrict curb cuts and access points on collectors and arterial streets.” (3.06.02D) The existing driveway access to Cherry Lane, an arterial street, should be removed. The new public street connection to Cherry Lane, has been reviewed and approved by ACHD. City Staff is also supportive of the location of N. Bonita Avenue; no additional access points to Cherry Lane should be allowed.  “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 with development in accord with UDC 11-3A-21.Existing homes that are to remain will also be required to connect to City services.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The applicant is proposing a residential zone. Staff finds that the existing single-family residential properties to the north, south, east and west, as well as the churches to the east, are compatible with the proposed 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) The applicant is proposing to construct five-foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. The pathways master plan shows a 10-foot multi-use pathway along the irrigation facilities that run along the north boundary of the site. With the understanding that it is impractical to run a 10-foot pathway from the west boundary of the property to Black Cat Road, staff has proposed a different route that would achieve the same objective (See Exhibit A.7).  “Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern. (5.01.01D) The applicant has indicated a desire to keep the irrigation facilities as open. The UDC requires that any open irrigation facilities be tiled or landscaped as a water amenity or linear open space. The applicant will need to landscape the irrigation facilities in accord with the requirements of the UDC. 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 up” in density for this development. 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 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 6 distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Common Open Space and Site Amenities: Open space and site amenities for the development shall be installed in accordance with the open space requirements in effect at the time of final plat application will be applied. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-family dwellings. F. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION (MDA): Development of this property is currently governed by the development agreement (DA) approved for the Incline Village Subdivision (Instrument No. 106151230). Because the applicant’s desire for the property does not match what was approved and required with the previous development agreement, the applicant has applied to modify the existing development agreement to update the development plan and building elevations. The new plan consists of 60 residential lots and 7 common lots. With a recent property boundary adjustment one of the existing homes was split off and excluded for the proposed preliminary plat. However, this home is still part of the recorded development agreement. Staff has reviewed the recorded development agreement and finds that this home should be required to hook-up to City services; close the existing access to Black Cat and take access from the new public street being extended with the proposed development even though it is not part of the plat. The new DA should include the proposed development plan and any changes required and building elevations included as attached exhibits. See Exhibit A.5 for Staff’s recommended DA provisions. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 60 building lots and 7 common lots on 18.99 acres of land in the R-4 zoning district. The plat is proposed to develop in 4 phases as shown in Exhibit A.2. The average lot size is 9,250 square feet (s.f.) with a minimum lot size of 8,000 s.f. in accord with UDC standards. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-4 zoning district listed in UDC Table 11-2A-5 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 or with 450 feet for cul- de-sacs. N. Bonita Avenue measures approximately 1,040 feet on the west side of the street and EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 7 does not have a pedestrian pathway. Additionally W. Bellevue Court and W. Filoli Court both measure approximately 470 feet in length. These streets all fail to meet the requirements of UDC- 6C-3F. Staff suggests the following revisions to the plat: Provide three additional stub streets for the project, one to parcel # S1204438650, one to parcel # S1204438700, and one to parcel # S1204449100. The applicant shall submit a revised plat to staff reflecting these required changes at least ten days prior to the City Council hearing. Access/streets: Access to the two northernmost homes is currently provided from a private access easement to/from Black Cat Road. The existing home to remain near Cherry Lane currently takes access to Cherry Lane. The applicant is proposing to remove this existing access and to provide access to all of the dwellings within this development via internal public streets. For this development, the applicant is proposing to construct a new public street access to Cherry Lane (N. Bonita Avenue), and extend O’Conner Avenue into the site from the north. The applicant is proposing a mixture of 5-foot attached and detached sidewalks throughout the development. With the exception of the three stub streets that staff is requiring to the west and south, staff is generally supportive of the proposed street system. ACHD has not submitted comments and conditions back to the City for this project. However, City Staff has spoken with ACHD staff about this project and does not believe that there are any significant changes to the plat that will be required from the District. ACHD’s conditions will be included in Exhibit B once they are received by the City (prior to Council). The property located at 5136 W. Cherry Lane will be required to access the proposed N. Bonita Avenue and shall abandon direct access to Cherry Lane prior to the City Engineer’s signature on the first final plat as noted above. Fencing: For the internal common lots the applicant shall provide fencing consistent with the fencing standards set forth in UDC 11-3A-7.The developer shall install the fencing to distinguish the common from private areas in accord with UDC 11-3A-7A.7. Temporary fencing shall be installed during construction and a detailed fencing plan should be submitted with the final plat. Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11-2A-5 as discussed above under Dimensional Standards. Landscaping within the street buffers should be provided in accord with the standards listed in UDC 11-3B-7C. The applicant shall revise the landscape plan to include a 25 foot landscape easement across the frontage of parcel #S1204449040. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the north side of the Cherry Lane, and another section of the 10-foot regional pathway along the north side of the property. Provide a 10-foot multi-use pathway along the north side of W. Bellevue Court, the east side of N. O’Connor Avenue and along the existing access easement out to N. Black Cat Road. This multi-use pathway shall extend from the west boundary of the plat and extend to N. Black Cat Road. Both pathways must be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. The applicant shall provide a revised landscape plan at least ten days prior to Council. The proposed 5-foot pathway must be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. Waterways: Both the Safford Sublateral and Settlers Canal cross the property on the north boundary. Both lie within a 60-foot wide Settlers Irrigation District easement. EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 8 The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council may waive this requirement for large capacity facilities. The applicant requests a waiver from Council to allow the Settlers Canal and Safford Sublateral to remain open due to their large capacities. The applicant proposes to provide a bridge over both for a vehicle/pedestrian crossing. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. The existing trees that are to remain should be protected during construction on the site. Sidewalks and parkways: A detached sidewalk shall be constructed along the entire frontage of W. Cherry Lane with the applicable phase of development. The applicant is also proposing a mixture of attached and detached sidewalks through the development. Per UDC 11-3A-17E, all parkways are required to be 8 feet in width. The applicant shall revise the landscape plan to meet this requirement. Landscaping, Open Space and Amenities: The applicant is proposing 1.89 acres (10%) of open space for the development. The applicant is also proposing two section of a multi-use pathway as their one (1) required amenity for the subdivision. The applicant shall provide detailed open space calculations at least ten days prior to the City Council meeting. Additionally staff feels that with the number f homes proposed for this development, and because the location of the proposed development is relatively far from other amenities, that the applicant provide an additional qualifying amenity for the subdivision. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.4 Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents and stucco. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 04/07/17) 3. Proposed Landscape Plan (dated: 03/20/17) 4. Building Elevations 5. Development Agreement Provisions for Burlingame Subdivision 6. Multi-Use Pathways exhibit EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 9 B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 10 Exhibit A.1: Vicinity/Zoning Maps EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 11 Exhibit A.2: Proposed Preliminary Plat (dated: 04/07/17) EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 12 Exhibit A.3: Proposed Landscape Plan (dated: 03/20/17) EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 13 Exhibit A.5: Building Elevations EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 14 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 15 Exhibit A.5: Development Agreement Provisions for Burlingame Subdivision 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. 6. That a maximum of 61 60 single-family building lots shall be platted on this property. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That the applicant construct a multi-use pathway on Lot 25, Block 3, as shown on the revised preliminary plat. 9.8. That one public street access, and no driveways, will be allowed to Cherry Lane. Existing driveway(s) to Black Cat Road and Cherry Lane may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACHD). At such time, direct lot access to Cherry Lane and Black Cat Road shall be prohibited. 10.9. The property located at 5136 W. Cherry Lane will be required to access the proposed N. Bonita Avenue and shall abandon direct access to Meridian Road prior to the City Engineer’s signature on the first final plat. 11.10. That the applicant shall be responsible for the payment of assessments and the actual physical hook-up of the existing houses to the municipal services. The hook-ups shall be completed prior to Certificates of Occupancy for each phase for which that house lies in. Lot 2 Block 4 shall be hooked to municipal services prior to Certificates of Occupancy of the phase that connects to W. Cherry Lane. EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 16 Exhibit A.6 Multi-Use Pathways Exhibit EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 17 B. Agency & Department Comments/Conditions 1. PLANNING DIVISION 1.1 Development Agreement 1.1.1 The existing development agreement, recorded as Instrument #106151230 shall be amended to include a new concept plan, new building elevations and to modify certain provisions of the existing development agreement. A fee of $303.00 shall be paid to the Planning Division after approval of the Findings by City Council. A final plat application shall not be submitted until the DA is signed and approved by City Council. 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.4 and Exhibit A.5. 1.1.2 The applicant shall maintain a 25 foot landscape buffer along the entire frontage of W. Cherry Lane; this includes across the frontage of parcel# S1204449040. 1.1.3 The irrigation retention pond shall be designed in accord with UDC 11-3G-3B8. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 04/07/17, shall be revised as follows prior to the Planning and Zoning Commission meeting: a. The applicant shall provide three additional stub streets for the project, one to parcel# S1204438650, one to parcel# S1204438700, and one to parcel# S1204449100. The applicant shall submit a revised plat to staff at least ten days prior to the City Council hearing. b. Ten days prior to City Council, the applicant shall provide a revised plat showing compliance with block length requirements as set forth in UDC-6C-3F. c. The parkways are required to be 8 feet in width. Please revise the plat to show this requirement. d. Revise the plat to provide access to 5136 W. Cherry Lane from N. Bonita Avenue. Prior to signature on the first final plat, the access from 5136 W, Cherry Lane shall be relinquished. e. Provide a 10-foot multi-use pathway along the north side of W. Bellevue Court, the east side of N. O’Connor Avenue and along the existing access easement out to N. Black Cat Road. This multi -use pathway shall extend from the west boundary of the plat and extend to N. Black Cat Road.stub to the east property line in line with the existing easement. f. The applicant shall connect the existing homes to city utilities prior to signature on the final plat that the specific home lies within. 1.1.2 The landscape plan included in Exhibit A.3, dated 03/20/17, shall be revised as follows: a. At least ten days prior to the City Council meeting, the applicant shall submit a detailed calculations table that demonstrates compliance with qualified open space and landscaping requirements. b. At least ten day prior to the City Council meeting, the applicant shall revise the landscape plan to include a 25 foot landscape easement across the frontage of parcel #S1204449040. c. At least ten day prior to the City Council meeting, the applicant shall revise the landscape plan to meet the parkways requirements as set forth in UDC 11-3A-17E. d. Depict the reconfiguration of the plat as required above in condition #1.1.1a and #1.1.1c. e. Landscaping is required along the multi-use pathway that is required to cross through the plat. This landscaping shall be installed in accord with the standards listed in UDC 11-3B-12C. EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 18 f. If the applicant is counting the common lot along the north side of the project as qualified open space, the area shall be landscaped in accord with UDC-3G-3. The applicant also has the option of requesting a waiver from City Council to leave them open. g. The applicant shall provide one additional qualifying amenity for the subdivision. 1.1.3 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 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 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 all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for non- residential uses. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 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 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. EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 19 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 western portion of this development along N Bonita Avenue is proposed to sewer to the east to the existing sewer main in Black Cat Road, however this area is master planned to sewer to the west. The developer will need to prove that adequate depth and cover can be provided over the sewer mains in the western side of the development. In addition, a sewer stub should be provided to service 5120 & 4920 W Cherry Lane either east from N Bonita Avenue or south from W Filoli Court if the portion of property along N Bonita Avenue is allowed to sewer out of master planned sewer shed. Sufficient capacity is available in the sewer trunk line in N Black Cat Road for this development. 2.1.2 The proposed project lies on the edge of the current pressure zone boundary. The development shall be required to connect to the existing mainline stub in N. O’Conner Avenue to the north; however this connection will not be able to serve the property until the pressure zone boundary is adjusted (likely 6-12 months). To enable service with the current pressure zone boundary, the project must connect to the east to the existing water main in Black Cat Road or to the existing mainline within the LDS Church parking lot. Applicant must also provide a means for water main to be connected to west in future. 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. EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 20 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. 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. EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 21 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 4.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 22 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ½” outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be place 18” above finish grade. g. Fire hydrants shall be provided to meet the requirements of the 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. 4.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Cul-de-sacs require a 96-foot radius. 4.5 All entrance and internal roads and alleys shall have a turning radius of 28’ inside and 48’ outside radius. 4.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all-weather surface are required before combustible construction is brought on site. 4.7 The proposed 64-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 186 residents at build out. 4.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 Developer shall construct a 10 foot multi-use pathway as per the Meridian Pathways Master Plan connecting Black Cat Road to the west boundary. A pedestrian pathway easement shall be recorded for the required pathway. Coordinate with Jay Gibbons, Meridian Pathway Project Manager for details. 6.2 Coordinate with Elroy Huff, City Arborist for tree mitigation requirements on the development property. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval (DRAFT) 7.1.1 Improve Cherry Lane to a minimum of 17-feet of pavement from centerline plus a 3-foot wide gravel shoulder abutting the site. 7.1.2 Dedicate 48-feet of right-of-way from the section line on Cherry Lane. 7.1.3 Construct a 5-foot wide concrete sidewalk along Cherry Lane abutting the site. The sidewalk should be located a minimum of 41-feet from the centerline of Cherry Lane. 7.1.4 Extend O’Connor Avenue south into the site. 7.1.5 Construct stub streets to 5200 W. Cherry Lane and 5120 W. Cherry Lane. Install a sign at the terminus of both of the stub streets stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” Provide a temporary turnaround for all stub streets greater than 150-feet in length. 7.1.6 Construct Bonita Avenue, Floribunda Avenue and O’Connor Avenue as 33-foot street sections with rolled EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 23 curb, gutter and 5-foot wide sidewalk within 47-feetof right-of-way. 7.1.7 If the applicant chooses to construct a detached sidewalk, the applicant shall construct an 8-foot wide parkway strip, and provide an easement encompassing the entire area between the right-of-way line and 2- feet behind the back edge of the sidewalk. 7.1.8 Construct Filoli Court and Bellevue Court as 29-foot street sections with rolled curb, gutter and 5-foot wide concrete sidewalk within 43-feet of right-of-way. 7.1.9 Provide written fire department approval for construction of the 33-foot and 29-foot street sections. 7.1.10 Install “NO PARKING” signs on one side of the street on Filoli Court and Bellevue Court. 7.1.11 Construct the cul-de-sacs with a minimum turning radius of 45-feet at the terminus of Filoli Court and Bellevue Court. 7.1.12 Re-design or install traffic calming measures on Bonita Avenue to slow traffic and improve pedestrian safety. 7.1.13 Cherry Lane is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. 7.1.14 Payment of impacts fees are due prior to issuance of a building permit. 7.1.15 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 EXHIBIT A Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 24 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 Burlingame Subdivision – MDA, PP H-2017-0055 PAGE 25 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; 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; 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, 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. f. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0083 - 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 26 Building Lots and 5 Common Lots on 9.98 Acres of Land in an R-4 Zoning District for Summerwood Subdivision, by WHPacific. Case No(s). H-2017-0083 For the City Council Hearing Date of: August 15, 2017 (Findings on September 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 15, 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 August 15, 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-2017-0083 - 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 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 August 15, 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-2017-0083 - 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 August 15, 2017 By action of the City Council at its regular meeting held on the l V, day of , 2017. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED /C4 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED r Va COUNCIL MEMBER TY PALMER. VOTED 110 COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MI.LAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy' Weerd Attest: Cit v Of o IDIAj W m �41AI V� C.4dy Col%.— SEAL City Clerk Copy served upon Applicant, Community Development Department; Public Works Department and City Attorney. By: Cyv&yu Dated: �>s�buk- t o rv—+ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILENO(S). H-2017-0083 - 4 - Exhibit A Summerwood Sub H-2017-0083 PAGE 1 STAFF REPORT Hearing Date: August 15. 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Summerwood Subdivision – H-2017-0083 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Jane Suggs, has applied for a preliminary plat (PP) consisting of twenty-six (26) single family residential building lots and five (5) common lots on 9.98 acres of land in an R-4 zoning district for Summerwood Subdivision. See Section IX of the staff report for more information. 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 D. The Meridian Planning & Zoning Commission heard these items on July 6, 2017. At the public hearing, the Commission moved recommend approval of the project. a. Summary of Commission Public Hearing: i. In favor: Jane Suggs (applicant’s representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Caleb Hood b. Key issue(s) of Public Testimony: i. None c. Discussion by Commission: i. The issue of two of the lots appearing to be what is considered “double-frontage” lots. ii. Will the applicant be required to install curb, gutter and sidewalk adjacent to Daphne Street as part of the project? iii. Is the open space and amenity package sufficient? d. Commission Change(s) to Staff Recommendation: i. Add condition 1.1.6 to read as follows “A common lot shall be placed adjacent to E. Daphne Street to ensure that Lots 2 and 3 of Block 3 do not have frontage on both W. Daphne Street and W. Milano Street.” e. Outstanding Issue(s) for City Council: i. None Exhibit A Summerwood Sub H-2017-0083 PAGE 2 The Meridian City Council heard these items on August 15, 2017. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Jane Suggs 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 issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2017-0083, as presented in the staff report for the hearing date of July 6, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2017-0083, as presented during the hearing on July 6, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File NumberH-2017-0083 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 4202 and 4052 W. Daphne Street, in the SW ¼ of Section 27, Township 4 North, Range 1 West. (Parcel #’s: R0982010125 & R0982010150) B. Owner(s): Bridgetower Investments, LLC 2228 W. Piazza Drive Meridian, ID 83646 C. Applicant/Agent: Jane Suggs, WHPacific 2141 W. Airport Way, Suite 104 Boise, ID 83705 D. 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 Exhibit A Summerwood Sub H-2017-0083 PAGE 3 & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 16, 2017 (Commission) July 28, 2017 (Council) C. Notices mailed to subject property owners on: June 8, 2017 (Commission) July 19, 2017 (Council) D. Applicant posted notice on site(s) on: August 7, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: There is an existing residential home on each of the subject parcels, zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural land (future residential), zoned R-4 2. East: Single-family residential homes, zoned R-4 3. South: Rural residential properties, zoned RUT in Ada County 4. West: Rural residential properties, zoned RUT in Ada County C. History of Previous Actions: • In 1972, a final plat was recorded that included the subject property as Lots 6 and 7, Block 2, Black Cat Estates No. 2 • In 2006, the subject property was annexed (AZ-06-022) and zoned R-4; and a preliminary plat (PP-06-022) was approved for Prato Villas subdivision. A development agreement was required as a provision of annexation, recorded as Instrument No. 108087854. • In 2008, the Director approved an 18 month time extension (TE-08-012) on the preliminary plat in order to obtain the City Engineer’s signature on a final plat. The preliminary plat later expired. • In 2014, another preliminary plat (PP-13-043) was approved for the property consisting of 30 single-family homes. A final plat application was never submitted for the project and the preliminary plat subsequently expired. D. Utilities: 1. Location of sewer: The sanitary sewer main intended to provide service to this development currently exists in W. Wapoot Street as part of the Vicenza Subdivision. 2. Location of water: The domestic water main intended to provide service to this development currently exists in W. Wapoot Street as part of the Vicenza Subdivision. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Scribner Lateral and the East Drain run across the southwest corner of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain or floodway. Exhibit A Summerwood Sub H-2017-0083 PAGE 4 VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Low Density Residential” (LDR) on the Comprehensive Plan Future Land Use Map (FLUM). 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 three dwelling units or less per acre. This site is currently zoned R-4. The applicant proposes to develop the site with 26 single-family homes at a gross density of 2.62 dwelling units (d.u.) per acre, which is consistent with the target density of the LDR designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics ): • “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed preliminary plat is for a low density single-family residential development, which should add to the variety of housing opportunities available in the City. The land to the north and east is proposed to develop at a slightly higher medium density while the existing properties to the south and west are a lower rural residential density. • “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) All common area landscaping and site amenities are required to comply with the standards listed in UDC 11-3B and 11-3G-3. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. • “Require usable open space to be incorporated into new residential subdivision plats.” The applicant proposes to provide .80 acres (or 8.1% of the site) of common open space within the subdivision. The UDC 11-3G-3 requires that development consisting of 5 acres or more provide 10% of the development in open space. The applicant will need to revise the plat to include at least 10% qualified open space for the development or terminate the existing development agreement noted above and modify the recorded Volterra North DA to incorporate the subject property. • “Protect existing residential properties from incompatible land use development on adjacent parcels.” The site abuts other existing and future single-family residences. Because the existing, future and proposed uses are all single-family residential, the proposed development should be compatible. • “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” Water and sewer services can be reasonably extended to the subject property upon development. Police and fire protection are already provided as the property is within the existing City limits. Exhibit A Summerwood Sub H-2017-0083 PAGE 5 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 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principally permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-5 for the R-4 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: Preliminary Plat The proposed plat consists of 26 building lots and 5 common lots on 9.98 acres of land in the R-4 zoning district. The minimum lot size proposed is 9,360 square feet (s.f.) with the average lot size being 11,938 s.f. The minimum living area of proposed dwelling units is required to be1,400 square feet (s.f.). The gross density is 2.62 dwelling units per acre, consistent with the LDR FLUM designation (see Section VII above). Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.5 for the R-4 district and found it to comply with the minimum standards. Existing Structures: There are two existing homes on the site. The existing structures should be removed or relocated as applicable prior to signature by the City Engineer on the final plat in which they are located. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. At the time this property was annexed into the City, sewer and water services were not available; therefore, the existing homes were not connected. 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. 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. Exhibit A Summerwood Sub H-2017-0083 PAGE 6 Access: The primary access for this subdivision is at the south property boundary via W. Daphne Street. A public street is stubbed at the northeast boundary of the site (W. Wapoot Street) from Vicenza Subdivision No. 1. A stub street is proposed at the northwest boundary for future connection and interconnectivity upon redevelopment of the parcel to the west. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5-foot wide attached sidewalks throughout the development. Landscaping/Open Space/Amenities: A landscape plan was submitted with this application as shown in Exhibit A.3. The proposed plan shows 8.1% qualified open space and does not comply with the minimum requirements set forth in UDC 11-3G. As part of this application, the applicant is requesting staff to evaluate the overall open space between the proposed development and Volterra North Subdivision to the north and east because it is under the same ownership. Staff reviewed the open space and amenities approved with the Volterra North plat to ensure that sufficient open space and site amenities were provided with that development to satisfy the requirements of the UDC with the added acreage. The amenities provided for the Volterra North plat include the following: 1) Tot Lot 2) Pool 3) Club House 4) 5% additional open space 5) Extension of the Meridian Pathway system 6) Public Art The Volterra North plat required nine (9) amenities and provided nine (9). With the proposed addition of 10 acres from this plat, the overall acreage is approximately 190 acres. The threshold to add one (1) additional amenity is 200 acres. The addition of the 10 acres from the proposed Summerwood plat meets the requirements of the UDC. The Volterra North plat provided 30.33 acres of common open space, which equaled approximately 17% of the total development area. The proposed Summerwood plat depicts 0.80 acres (8.1%) of qualifying open space. The primary amenity for this development is a 0.60 acre open space lot. Although the open space proposed with this plat is slightly under the UDC requirements of 10 percent, the overall qualifying open space between the two developments totals approximately 31.13 acres or 16.3%. Since the proposed development is under the same ownership and will be managed by the same HOA, staff finds the proposed subdivision meets the intent of the 10% open space and site amenity requirements set forth in UDC 11-3G. Prior to signature on a final plat for the proposed subdivision, the applicant shall execute an amended development agreement that incorporates the subject property into the existing Volterra North development agreement. NOTE: Staff is in the process of transmitting the development agreement modification application to City Council for a hearing. The current request includes incorporating this property and adjacent properties into a single development agreement. Tree Mitigation: 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. Exhibit A Summerwood Sub H-2017-0083 PAGE 7 Fencing: A 6-foot tall privacy fence is proposed along the perimeter boundary of the subdivision as depicted on the landscape plan; all fencing should comply with the standards listed in UDC 11- 3A-7. Fencing adjacent to all pathways and common open space areas shall comply with the standards listed in UDC 11-3A-7A. Waterways: The Scribbner Lateral and East Drain cross the southwest corner of this site. These waterways are proposed to be relocated along the south and west property boundaries within a 20-foot wide easement. The waterways should be piped in accord with UDC 11-3A-6A. UDC 11- 3A-6 also requires the tiled waterway to be in a common lot and not an easement as proposed. The applicant has to obtain Council waiver to have the waterway as part of the buildable lots. In summary, Staff recommends approval of the proposed preliminary plat request for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 05/31/2017) 3. Proposed Landscape Plan (dated: 05/24/2017) 4. Conceptual Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Exhibit A Exhibit A Page 1 A. Drawings 1. Vicinity Map Exhibit A Exhibit A Page 1 2. Proposed Preliminary Plat (dated: 05/31/2017) Exhibit A Exhibit A Page 2 3. Proposed Landscape Plan (dated: 05/24/2017) Exhibit A - 2 - 4. Conceptual Elevations Exhibit A - 3 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 All proposed and/or required fencing shall be consistent with the standards as set forth in UDC 11-3A-7. 1.1.2 Ten days prior to the City Council hearing, the applicant shall provide a revised landscape plan showing one (1) amenity and at least 10% qualified open space as required by UDC 11-3G-3B, or that the applicant modify the Volterra DA to incorporate the subject property into that DA. 1.1.3 Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. 1.1.4 Prior to the City Engineer’s signature on the first phase of a final plat, the existing structures on the site must be demolished and the existing well and septic system must be abandoned. 1.1.5 The Scribbner Lateral and East Drain shall be piped and placed in a common lot in accord with UDC 11-3A-6A, unless Council approves the waterway to be placed in an easement. 1.1.6 A common lot shall be placed adjacent to E. Daphne Street to ensure that Lots 2 and 3 of Block 3 do not have frontage on both W. Daphne Street and W. Milano Street. 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-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. The existing waterways on the site shall be piped. 1.2.5 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 1.2.6 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. 1.2.7 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.8 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.9 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.10 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.11 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.12 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. Exhibit A - 4 - 1.2.13 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. 1.2.14 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. 1.2.16 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 (AZ-06-022, Development Agreement Instrument No. 108087854). 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. 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 Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Exhibit A - 5 - 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible to construct an 8-inch diameter water main along the development’s frontage in W. Daphne Street. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 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 - 6 - 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 incomplete 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 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design 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 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the Exhibit A - 7 - 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 concerns related to the site design submitted with the application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.4 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. 4.5 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. 4.6 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 208-888-3579 to schedule an appointment to inspect the existing trees on the site to determine mitigation requirements. Exhibit A - 8 - 7. ADA COUNTY HIGHWAY DISTRICT 7.1. At the time of this staff report, staff had not yet received comments from Ada County Highway District. Exhibit A - 9 - C. Required Findings from Unified Development Code 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. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information . b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that City water and sewer services will be provided to the subject property upon the completion and acceptance of the utilities being installed as part of the Bridgetower Estates Subdivision No. 1, including the installation of the Water Pressure Reducing Station (PRV) in McMillan Road. (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; Based upon comments provided from the public service providers (i.e., Police, Fire, ACHD, etc.), Council determined 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 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. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed developments will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Council references any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0084 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the requests to amend the recorded development agreements (DA) recorded as Instrument #’s 108087854; 111010393; and 110051282 to terminate these DA’s for the purpose of entering into one master DA that governs the entire boundary of the Volterra North, Volterra South and Volterra Mixed Use property and the Summerwood property, currently going through the platting process. Additionally, the new master DA will exclude the subject property from a shared DA with the five (5) separate parcels (northwest corner of Ten Mile and McMillan) owned by Wal-Mart Stores, Inc., Icon Credit Union and CFT NV Developments, LLC which will remain subject to the terms approved with DA #110051282, by Wolff Enterprises II, LLC , by WHPacific Case No(s). H-2017-0084 For the City Council Hearing Date of: August 15, 2017 (Findings on September 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 15, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0084 - 2 - 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 15, 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 development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 15, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0084 - 3 - F. Attached: Staff Report for the hearing date of August 15, 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 MAYOR TAMMY de WEERD (TIE BREAKER) Attest: SX�v v City Clerk Mayor Tam e Weerd pFtATEO of o jDIAN W 'OAHO ' SEAL 2. I q day of k kp- , Y VOTED VOTED /a VOTED /e4 VOTED *4 VOTED /� VOTED A VOTED Copy served -upon Applicant; Community Development Department, Public Works Department and City Attorney. By: Nwalu Dated: e q, City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0084 - 4 - Exhibit A Summerwood Subdivision – MDA H-2017-0084 1 STAFF REPORT HEARING DATE: August 15, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Summerwood Subdivision – (MDA) H-2017-0084 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Bridgetower Investments, Inc., requests to amend the recorded development agreements (DA) recorded as Instrument #’s 108087854; 111010393; and 110051282 to terminate these DA’s for the purpose of entering into one master DA that governs the entire boundary of the Volterra North, Volterra South and Volterra Mixed Use property and the Summerwood property, currently going through the platting process. Additionally, the new master DA will exclude the subject property from a shared DA with the five (5) separate parcels (northwest corner of Ten Mile and McMillan) owned by Wal-Mart Stores, Inc., Icon Credit Union and CFT NV Developments, LLC which will remain subject to the terms approved with DA #110051282. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA with the provisions in Exhibit A.6 of the staff report. The Meridian City Council heard these items on August 15, 2017. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Jane Suggs 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 issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public t estimony, I move to approve File Number H-2017-0084 as presented in the staff report for the hearing date of August 15, 2017, with the following modifications: (Add any proposed modifications.) Exhibit A Summerwood Subdivision – MDA H-2017-0084 2 Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0084 as presented during the hearing on August 15, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0084 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 property subject to the amended DA is located on the north side of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road in the S ½ of Section 27, T.4N.R.1W. AND southwest corner of W. McMillan Road and N. Ten Mile Road in the NE ¼ of Section 34, T. 4N.1W. B. Owner: Bridgetower Investments, LLC 2228 Piazza Drive Meridian, ID 83646 C. Applicant/Representative: WH Pacific, Inc. 2141 W. Airport Way, Suite 104 Boise, ID 83705 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 28, 2016 C. Radius notices mailed to properties within 300 feet on: July 19, 2017 D. Applicant posted notice on site by: August 4, 2017 VI. LAND USE A. A. Existing Land Use(s): The subject property is currently vacant commercial land and developing single-family residential developments in the Volterra Heights and Vicenza Subdivisions. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is currently agricultural in nature except along the eastern portion of site there is a mix of single family residential, office and commercial uses and planned residential, office and commercial property, zoned R -2, R-4, R-8, R-15, L-O, C-C, C-N, L-O and RUT in Ada County. C. History of Previous Actions: In 2006, the land that is now concurrently being proposed for the Summe rwood Subdivision was annexed into the city under the name Prato Villas Subdivision (AZ-06-022, Instrument # 108087854)). In 2008, a portion of the property (111 acres) was rezoned and removed from the original development agreement. This portion has an approved concept plan that depicts a large business park development. Exhibit A Summerwood Subdivision – MDA H-2017-0084 3 A new development agreement (instrument # 110051282) was required with the approval of the rezone. That project is known as Volterra Mixed Use. In 2010, the property received preliminary plat (PP) approval for 301 residential lots on 120.6 acres of land for Volterra North Subdivision and approval to rezone (RZ) 58.33 acres from the R -4 (Low- density Residential District) zone to the R-8 (Medium-density Residential District) zone and preliminary plat (PP) approval for 194 residential lots on 80.4 acres of land for Volterra South Subdivision. A modification to an existing development agreement was approved (Instrument #111010393) the replaced the original DA approved with the annexation of the property in 2006. In 2016, City Council approved an amendment to DA instrument #111010393 (H-2016-0033) to allow a right-out only access to N. Ten Mile Road. The right-out only access is constructed; however the applicant never signed the amended DA so this approval has expired. VII. ANALYSIS As mentioned above, this property is governed by three (3) development agreements approved with the Prato Villas and Volterra projects. All of the subject property is envisioned to develop with a mix of residential and commercial uses. For illustrative purposes staff has included the approved plats and concept plan for each of the properties and highlighted which DA governs the respective property (see Exhibit A.2). The applicant’s request includes the termination of the (3) previous agreements for the purpose of entering into one master agreement to govern all of the subject property (approximately 275.92 acres) (see Exhibit A.3). The applicant believes having one master agreement will help facilitate future development of the subject properties and would eliminate the need for the owner to coordinate efforts with the other property owners who own the five (5) parcels located at the northwest corner of McMillan and Ten Mile. These five parcels will remain subject to the terms approved with DA (Instrument #110051282). Staff has reviewed the terms of the three previous development agreements to determine which provisions may still apply and if any new provisions should be included into the new master agreement. Staff has included all of the DA provisions that govern the subject property and either recommended modifications or removal of certain provisions as follows: Prato Villas (aka Summerwood): NOTE:The Summerwood plat is scheduled to be heard by the Council on Tuesday August 15th. This plat is requested to be included in the development agreement as shown in Exhibit A.4. Prato Villas/Summerwood DA Provisions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordan ce with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5 -7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. 6. That a maximum of 30 single-family building lots will be platted on this property. Exhibit A Summerwood Subdivision – MDA H-2017-0084 4 7.1. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. Staff recommends that these provisions be removed as they are no longer applicable to govern the subject property. The applicant has requested as part of the DA modification that the Summerwood property be included within the boundary of the new master agreement. By doing so this property will be afforded the rights to use the open space and amenities approved with the Volterra North Subdivision. Volterra Mixed Use DA Provisions: 1. Modify: All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development and be generally consistent with the conceptual site plan submitted with this application excluding the properties subdivided with the Coleman Subdivision, as determined by the Planning Director. Any major variations to the concept plan, the applicant shall amend the development agreement and provide a new concept plan for the overall development. 2. Remove All future development on the site shall be subject to administrative design review. 3. Modify: These sites have an existing development agreements, instrument #108087854; 111010393; and 110051282. The entire boundary of the property as depicted in Exhibit A.3 acres shall be subject to a new development agreement for the Volterra Mixed Use Project and will no longer be subject to the previous three (3) development agreements. 4.3. Remove: The C-G zoned property shall consist of a minimum of 6 buildings with no one building exceeding 250,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 558,000 square feet. 5.4. Remove: The C-C zoned property shall consist of a minimum of 11 buildings with no one building exceeding 200,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 464,000 square feet. 6.5. Remove: The L-O zoned property shall consist of a minimum of 5 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 120,000 square feet. 7.6. The R-15 zoned property shall consist of a minimum of 3 buildings and a minimum density of 8 dwellings/beds per acre and a maximum of 75 buildings provided it does not exceed the density requirements of the R-15 zoning district with no one building exceeding 130,000 square feet. 8.7. The applicant shall construct five central plaza areas and associated pathway on the site as generally depicted on the conceptual site plan. 9.8. Remove: All buildings on the site shall be generally consistent in appearance with the attached photos (large box, health care, hotel, health club, general business, senior living, skilled nursing, retail) submitted with this application, as determined by the Planning Director. 10.9. Remove: The proposed non-residential and residential buildings shall be constructed with high quality materials, including but not limited to: split face block, stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full façade treatment if there is screening for the loading area., highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or tile roofing materials and variations in colors, roof planes and parapet heights. 11.10. Remove: A minimum 25-foot wide buffer shall be constructed along W. McMillan Road and N. Ten Mile Road with 5-foot detached sidewalk. Any future collector streets shall have a minimum 20-foot wide landscape buffers on each side of the street. Any future local commercial streets shall have a minimum 10-foot wide landscape buffer. These buffers shall be designed in accordance with the standards listed in UDC 11-3B-7 and shall be constructed with platting of the property or with the issuance of the first building permit if the plat has not been recorded. 12.11. Remove: The applicant shall comply with all landscaping standards described in the Exhibit A Summerwood Subdivision – MDA H-2017-0084 5 UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 13.12. Modify: The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) approval permit from the Planning Department prior to all new construction on the subject property. 14.13. Remove: Any future signalization installed as the result of the development of this project shall be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 15.14. Remove: Driveway access onto Ten Mile Road just north of McMillan Road shall be designed as a right-in/right-out driveway. 16.15. The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed when the extension of the north east/west roadway is constructed on the site. 17. Remove: The applicant shall provide a method for notifying home owners of development plans for the Volterra Mixed–Use project, as determined by the Planning Director. Volterra North and South DA Provisions: 1. That prior to approval of the 200th residential lot, (including Volterra North and Volterra South), the 10.2 acre park (James Park) shall be constructed. 2. That the park shall include the proposed swimming pool and restrooms, the water feature (fountain), club house, the 10-foot wide multi-use pathway and the tot lot. 3. That prior to approval of the 400th residential lot (including Volterra North and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. 4. That the park shall include the proposed plaza area and playground equipment. 5. Modify: Future development in the C-G, C-C and L-O zones shall comply with the structure and site design standards, as set forth in UDC 11 -3A-19 and the guidelines set forth in the City of Meridian Design Architectural Standards Manual. 6. Modify: Future homes constructed within the Volterra North, and Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations (see Exhibit A). 7. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. Modify: For Phasing purposes, Volterra North, and Volterra South and Summerwood plats shall be reviewed as one project and both plats will remain valid as successive phases receive City Engineer’s signature. The same applies to any future time extensions that may be requested. New Provision: One “Right Out, Exit Only” access point will be permitted south of the spine road (N. Vicenza Way) onto Ten Mile Road for future egress from the adjacent commercial lots. Staff’s recommended DA provisions are in Exhibit A.6. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Plats and Concept Plan 3. New Legal Description and Exhibit Maps of the DA Boundary 4. Summerwood Preliminary Plat 5. Staff Recommended Development Agreement Provisions Exhibit A Summerwood Subdivision – MDA H-2017-0084 6 Exhibit A Summerwood Subdivision – MDA H-2017-0084 7 Exhibit A.1: Vicinity/Zoning Map Exhibit A Summerwood Subdivision – MDA H-2017-0084 8 Exhibit A.2: Approved Plats and Concept Plan Prato Villas Exhibit A Summerwood Subdivision – MDA H-2017-0084 9 Volterra Mixed Use Exhibit A Summerwood Subdivision – MDA H-2017-0084 10 Volterra North and South/Volterra MDA Exhibit A Summerwood Subdivision – MDA H-2017-0084 11 Exhibit A.3: Legal Description and Exhibit Maps of the DA Boundary Exhibit A Summerwood Subdivision – MDA H-2017-0084 12 Development Agreements Volterra Mixed Use Prato Villas Volterra North and South/Volterra MDA Exhibit A Summerwood Subdivision – MDA H-2017-0084 13 Exhibit A.3. Summerwood Plat Exhibit A Summerwood Subdivision – MDA H-2017-0084 14 Exhibit A.4. Staff Recommended Development Agreement Provisions CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 1. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development and be generally consistent with the conceptual site plan submitted with this application excluding the properties subdivided with the Coleman Subdivision, as determined by the Planning Director. Any major variations to the concept plan, the applicant shall amend the development agreement and provide a new concept plan for the overall development. 2. These sites have existing development agreements, instrument #108087854; 111010393; and 110051282. The entire boundary of the property as depicted in Exhibit A.3 shall be subject to a new development agreement and will no longer be subject to the previous three (3) development agreements. 3. The R-15 zoned property shall consist of a minimum of 3 buildings and a minimum density of 8 dwellings/beds per acre and a maximum of 75 buildings provided it does not exceed the density requirements of the R-15 zoning district with no one building exceeding 130,000 square feet. 4. The applicant shall construct five central plaza areas and associated pathway on the site as generally depicted on the conceptual site plan. 5. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) approval from the Planning Department prior to all new construction on the subject property. 6. The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed when the extension of the north east/west roadway is constructed on the site. 7. That prior to approval of the 200th residential lot, (including Volterra North and Volterra South), the 10.2 acre park (James Park) shall be constructed. 8. That the park shall include the proposed swimming pool and restrooms, the water feature (fountain), club house, the 10-foot wide multi-use pathway and the tot lot. 9. That prior to approval of the 400th residential lot (including Volterra North and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. 10. That the park shall include the proposed plaza area and playground equipment. 11. Future development in the C-G, C-C and L-O zones shall comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Architectural Standards Manual. 12. Future homes constructed within the Volterra North, and Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations (see Exhibit A). 13. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 14. Modify: For Phasing purposes, Volterra North, and Volterra South and Summerwood plats shall be reviewed as one project and both plats will remain valid as successive phases receive City Engineer’s signature. The same applies to any future time extensions that may be requested. Exhibit A Summerwood Subdivision – MDA H-2017-0084 15 15. One “Right Out, Exit Only” access point will be permitted south of the spine road (N. Vicenza Way) onto Ten Mile Road for future egress from the adjacent commercial lots. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FORTY THREE NORTH SUBDIVISION - FP H-2017-0119 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 5, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY ONE (21) BUILDING LOTS AND FOUR (4) COMMON LOTS ON 1.81 ACRES OF LAND IN THE R-15 ZONING DISTRICT FOR FORTY- THREE NORTH SUBDIVISION BY: KGA DEVELOPMENT APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0119 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 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 FORTY THREE NORTH SUBDIVISION, LOCATED IN A PORTION OF THE EAST ½ OF THE NORTHWEST ¼ OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 8/10/2017, by DEAN BRIGGS, PLS, SHEET 1 OF 3,” is conditionally approved subject to those conditions of Staff as ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FORTY THREE NORTH SUBDIVISION - FP H-2017-0119 Page 2 of 3 set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 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 Sabrina Durtschi, Briggs Engineering, 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 § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the U-4- , 2017. QoVLpJEQ AUGUST mo y: c icy or w e W C.�VI E IDIAN�-Mapor, Cit IDAHO ay or, SEAL Pv °r e TREPSJ��J Clay Col Us City Clerk I q P, day of Copy served upon the Applicant; Planning and Development Services Divisions of the Community Development Department and City Attorney. By: �(} Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FORTY THREE NORTH SUBDIVISION - FP H-2017-0119 Page 3 of 3 EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 1 STAFF REPORT MEETING DATE: September 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: Forty Three North Subdivision – FP H-2017-0119 I. APPLICATION SUMMARY The applicant, KGA Development, has applied for final plat (FP) approval of 21 single-family residential building lots and 4 common lots on 1.81 acres of land in the R-15 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Forty Three North Subdivision final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0119 as presented in the staff report for the hearing date of September 5, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0119, as presented during the hearing on September 5, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0119 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1318 NE 4th Street, in the NW ¼ of Section 7, Township 3 North, Range 1 East. B. Applicant/Owner: KGA Development, Inc. 3843 Daisy Creek Street Meridian, ID 83642 C. Representative: Sabrina Durtschi, Briggs Engineering 1800 W. Overland Road Meridian, ID 83705 EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 2 V. STAFF ANALYSIS The proposed final plat depicts 21 single-family residential building lots and 4 common lots on 1.81 acres of land in the R-15 zoning district. The gross density of the proposed subdivision is 11.29 dwelling units (d.u.) per acre. The average lot size is 2,658 square feet. All of the proposed lots comply with the dimensional standards of the UDC. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Because this property is below 5 acres in size, qualified open space and site amenities were not required to be provided as set forth in UDC 11-3G-3. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of building lots and common area is the same; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat (H-2017-0041; Development Agreement Inst. No. 2017-066045) for this property. 2. The applicant shall obtain the City Engineer’s signature on the final plat by January 5, 2019; 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 Briggs Engineering, Inc., dated 8/10/17 by Dean W. Briggs shall be revised as follows: a. Note #1: Include the applicable instrument #. b. Note #5: Include the applicable instrument #. c. Change the wording of the Approval of Meridian City Engineer to reference Meridian. d. Add the following note: The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. e. 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. Construct fencing as proposed. The developer is responsible for the construction of the fencing. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 5. 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. 6. A DES application is required to be submitted prior to issuance of building permits for the single- family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and variations along NE 4th Street for each unit. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 3 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. A street light plan will need to be included with the Land Development Plan Submittal. 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. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 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 EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 4 inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (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. EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 5 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. V. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (dated: 8/10/17) C. Proposed Final Plat (dated: 6/9/2017) D. Proposed Landscape Plan (dated: 6/12/2017) EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 6 Exhibit A – Vicinity/Zoning Map EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 10/28/16) EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 8 Exhibit C – Proposed Final Plat (dated: 8/10/17) 1 Joshua Beach From:Sabrina Durtschi <sabrinaw@briggs-engineering.com> Sent:Thursday, August 31, 2017 10:16 AM To:Joshua Beach Subject:Re: 43 north sub Yes, Josh, we are in agreement with the staff report, please put it on the consent agenda. Thanks! Sabrina On Thu, Aug 31, 2017 at 8:55 AM, Joshua Beach < jbeach@meridiancity.org > wrote: Sabrina, are you now comfortable with the conditions on this so we can get it on the consent agenda? 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. -- Sabrina Durtschi Briggs Engineering Planning Project Manager 2 1800 W Overland Road Boise, Idaho 83705 208-344-9700 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUBDIVISION NO. 2 - FP H-2017-0110 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 5, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF FIVE (5) BUILDING LOTS AND ONE (1) COMMON LOT ON 18.93 ACRES OF LAND IN THE C-G ZONING DISTRICT FOR TM CROSSING SUBDIVISION NO. 2 BY: BRIGHTON INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0110 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 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 TM CROSSING SUBDIVISION NO. 2, LOCATED IN A PORTION OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 8/10/2017, by FRITZ BROWNELL, PLS, SHEET 1 OF 3,” is conditionally approved subject to those conditions of Staff as ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUBDIVISION NO. 2 - FP H-2017-0110 Page 2 of 3 set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 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 Mike Wardle, Brighton Corporation, 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 § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52, By action of the City Council at its regular meeting held on the , 2017. Q000" AUG USTT 0 !O = OW � Q � cily of JDAHO C..�1�` E IDIAN Attest: s� SEAL FR of the TR�Pg City Clerk By: Tammy de W rd Mayor, City of Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:� ` Dated: a� ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUBDIVISION NO. 2 - FP H-2017-0.110 Page 3 of 3 EXHIBIT A TM Crossing Subdivision No. 2 – FP H-2017-0110 1 STAFF REPORT MEETING DATE: September 5, 2017 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: TM Crossing Subdivision No. 2 – FP (H-2017-0110) I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for final plat (FP) approval of 5 commercial building lots and 1 common area lot on 18.93 acres of land in the C-G zoning district for the second phase of TM Crossing Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the TM Crossing Subdivision No. 2 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0110 as presented in the staff report for the hearing date of September 5, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0110, as presented during the hearing on September 5, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0110 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 generally located on the north side of Interstate 84, east of S. Ten Mile Road, in the SW ¼ of Section 14, T. 3N., R. 1W. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 C. Owner: Same as Applicant EXHIBIT A TM Crossing Subdivision No. 2 – FP H-2017-0110 2 D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts 5 commercial building lots and 1 common area lot on 18.93 acres of land in a C-G zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-12-003). Because the number of proposed buildable lots is fewer than shown on the approved preliminary plat and the amount of common area is the same, staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all previous conditions of approval associated with this development [CPAM-12-001; AZ-12-005, Development Agreement #114002254); PP-12-003; TED-14-001; H-2016-0054, amended Development Agreement #2016-062220]. 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Engineer’s signature on the first phase final plat, by August 15, 2019, 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 included in Exhibit C prepared by Horrocks Engineers, stamped on 7/8/17 by Fritz Brownell, shall be revised as follows: a. Note #6: The common area should be owned and maintained by the property owner or Business Owner’s Association, not Operator or assigns, per UDC 11-3B-7C.2b. b. Note #7: Include the recorded instrument number of the ACHD License Agreement. c. Delete Note #12 as direct lot access to W. Navigator St. is necessary. d. Note #16: Include lot and block numbers and recorded instrument number. e. Note #20: Include the recorded instrument number+. f. Depict a minimum 20-foot wide permanent dedicated buffer (or common lot) for landscaping along W. Navigator Street, a collector street; and a minimum 10-foot wide permanent dedicated buffer (or common lot) for landscaping along I-84 outside of the Purdam Drain easement in accord with UDC Table 11-2B-3, 11-3B-7C.1b, and 11-3B-7C.2b. 5. The landscape plan included in Exhibit D prepared by Baer Design Group, LLC, dated 6/5/17 (stamped on 6/13/17), shall be revised as follows: a. Depict landscaping within the entire 20-foot wide street buffer along W. Navigator Street in accord with the standards listed in UDC 11-3B-7C. b. Include a calculations table demonstrating compliance with UDC standards (Table 11-2B-3, 11-3A-17E and 11-3B-7C) including the following: Width of street buffers (measured from back of curb), lineal feet of street frontage, number of street trees, and tree class. c. Depict the minimum 50-foot wide street buffer along I-84 with landscaping in accord with the standards listed in UDC 11-3B-7C. In areas where the buffer is encumbered by EXHIBIT A TM Crossing Subdivision No. 2 – FP H-2017-0110 3 easements or other restrictions, the buffer area is required to include a minimum 5-foot wide area for planting shrubs and trees, per UDC 11-3B-7C.1b. An 85-foot wide easement for the re-located Purdam Drain exists along the southern boundary of the site adjacent to I-84; a minimum 10-foot wide buffer outside of the easement for landscaping was proposed with the preliminary plat and should be depicted on the final plat. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits beyond the three (3) allowed by the amended development agreement #2016- 062220. 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. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved, or bonded, prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. EXHIBIT A TM Crossing Subdivision No. 2 – FP H-2017-0110 4 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic EXHIBIT A TM Crossing Subdivision No. 2 – FP H-2017-0110 5 purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. 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. City Council granted a waiver with the preliminary plat to allow the Purdam and Taylor drains to remain open in their re-located locations. V. EXHIIBITS A. Vicinity/Zoning Map B. Preliminary Plat (dated: 7/16/12) C. Proposed Final Plat (dated: 7/20/16) D. Proposed Landscape Plan (dated: 5/6/16) EXHIBIT A TM Crossing Subdivision No. 2 – FP H-2017-0110 6 Exhibit A – Vicinity/Zoning Map EXHIBIT A TM Crossing Subdivision No. 2 – FP H-2017-0110 7 Exhibit B – Preliminary Plat (dated: 7/16/12) EXHIBIT A TM Crossing Subdivision No. 2 – FP H-2017-0110 8 Exhibit C – Proposed Final Plat (dated: 7/8/17) EXHIBIT A TM Crossing Subdivision No. 2 – FP H-2017-0110 9 Exhibit D – Proposed Landscape Plan (dated: 6/5/17) Fw4v 9- 1 b__ Sonya Allen From: Mike Wardle <mwardle@brig htoncorp.com> Sent: Tuesday, September 05, 2017 2:09 PM To: Sonya Allen; Barbara Shiffer, C.Jay Coles; Charlene Way; Machelle Hill Cc: David Turnbull; Steve Smith (ssmith@scsinvestments.net); Mike Hall (mhall@scsinvestments.net); Jon Wardle; Amanda McCurry; Kameron Nauahi Subject: RE: TM Crossing Sub. 2 - FP H-2017-0110 Staff Report for 9/5 Council Mtg 1 With the sole exception of Site Specific Condition 4.a, we agree with the TM Crossing Subdivision No. 2 final plat staff report and recommended conditions of approval. Condition 4.a, as referenced to UDC 11-313-7C.2b, is not applicable to Common Lot 8, Block 3 (Plat Note 6) and should be deleted. The UDC citation applies only to street buffers, whereas Lot 8, Block 3 is the Purdam Drain easement which will be retained by the developer—the "Operator" in the plat note and in the recorded Master Declaration of Covenants, Conditions and Restrictions and Reciprocal Easement Agreement for Ten Mile Crossing. (Instrument No. 2016-065448) Thus, the plat note is accurate and should be retained as -is. To reinforce the point, staffs interpretation of the Code was neither conditioned nor applied ... - In the recorded TM Creek Subdivision No.1 final plat - Nor in the final plat conditions of approval for TM Creek Subdivision No. 2 - Nor in the conditions for TM Crossing Subdivision No. 1 final plat which has been signed by the City and awaits recording. I will attend the Council meeting this evening to answer questions. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 1 Boise, Idaho 83713 Direct 208.287.0512 1 Cell 208.863.6150 From: Sonya Allen[mailto:sallen@meridiancity.org] Sent: Friday, September 01, 2017 3:34 PM To: Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Cc: Kameron Nauahi; Mike Wardle Subject: TM Crossing Sub. 2 - FP H-2017-0110 Staff Report for 9/5 Council Mtg Attached is the staff report for the proposed final plat for TM Crossing Sub. 2. This item is scheduled to be on the City Council agenda on September 5th. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Mike/Kameron - Please submit a written response to the staff report to the City Clerk's office (mhill@meridiancity.org, cjcoles@meridiancity.org, cway@meridiancity.org, bshiffer@meridiancity.or and myself (e-mail or fax) prior to the meeting. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERADO SUBDIVISION NO. 2 - FP H-2017-0116 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 5, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THIRTY SEVEN (37) BUILDING LOTS AND TWO (2) COMMON LOTS ON 4.48 ACRES OF LAND IN THE R-15 ZONING DISTRICT FOR VERADO SUBDIVISION NO. 2 BY: DEVCO, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0116 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 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 VERADO SUBDIVISION NO. 2, LOCATED IN GOVERNMENT LOT 3, OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 8/3/2017, by CARL PORTER, PLS, SHEET 1 OF 3,” is conditionally approved subject to those conditions of Staff as set forth in the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERADO SUBDIVISION NO. 2 - FP H-2017-0116 Page 2 of 3 staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 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 Marcel Lopez, DevCo, LLC, 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 § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the krje,mbe,K , 2017. (n'� �PSED AUGUST City ofE IDIAN�- Attest: SEAL �/ City Clerk Tammy de Wee Mayor, City o eridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: uZ WCW Dated:��4QAAqi 91 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERADO SUBDIVISION NO.2 - FP H-2017-0116 Page 3 of 3 Exhibit A Verado Subdivision No. 2 – FP H-2017-0116 PAGE 1 STAFF REPORT MEETING DATE: September 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: Verado Subdivision No. 2- FP (H-2017-0116) I. APPLICATION SUMMARY The applicant, DevCo, LLC, has applied for final plat (FP) approval of (37) single-family residential building lots and (2) common area lots on 4.48 acres of land in the R-15 zoning district for Verado Subdivision No. 2. II. STAFF RECOMMENDATION Staff recommends approval of the Verado Subdivision No. 2 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0116 as presented in the staff report for the hearing date of September 5, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0116, as presented during the hearing on September 5, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0116 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located near the southeast corner of N. Locust Grove Road and E. Ustick Road , in the NE ¼ of Section 5, T. 3N., R. 1E. B. Applicant: DevCo, LLC 4824 W. Fairview Ave. Meridian, Idaho 83706 C. Owner: C15, LLC 4824 W. Fairview Ave. Boise, ID 83706 Exhibit A Verado Subdivision No. 2 – FP H-2017-0116 PAGE 2 D. Representative: Conger Management Group 4824 W. Fairview Ave. Boise, ID 83706 V. STAFF ANALYSIS The proposed final plat depicts 37 building lots and 2 common area lots on 4.48 acres of land in the R-15 zoning district. All of the lots proposed in this subdivision are for single-family attached and detached homes and comply with the dimensional standards of the R-15 zoning district listed in UDC Table 11-2A-7. The applicant is proposing one landscape lot as well as a portion of the multi-use pathway as part of this phase. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (H-2016-0047 and DA #2016-119079). 2. The applicant shall obtain the City Engineer’s signature on the final plat by June 1, 2019 or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Sawtooth Land Surveying, stamped and dated on 08/03/2017 by Carl Porter PLS, shall be revised as follows: 5. Lots 10 and 17 of Block 1 and Lot 36 of Block 4 shall have a 5-foot wide public utility and drainage easement per UDC 11-2A-3H. 6. The landscape plan prepared by TO Engineers, dated 07/18/2017, shall be revised as follows: a. The South Slough is required to be fenced with an open vision fence at least 6 feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC 11-3A-6B. b. Construct fencing as proposed. The developer is responsible for the construction of the fencing. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. c. Lot 37, Block 4 shall be landscaped in accord with UDC 11-3B-12. This requires 5 feet of landscaping on either side of the pathway as well as 1 tree for every 100 linear feet of pathway. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Comply with the stormwater integration standards listed in UDC 11-3B-11C. Exhibit A Verado Subdivision No. 2 – FP H-2017-0116 PAGE 3 9. Prior to the issuance of a building permit, the applicant shall record the final plat. 10. All existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 11. Future homes constructed within this development shall comply with the conceptual building elevations and materials approved with the preliminary plat. 12. A DES application is required to be submitted prior to issuance of building permits for the single - family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and modulation for each unit (Lots 4- 10, Block 1). The applicant must comply with the design standards in the Architectural Standards Manual. 13. The applicant shall record the pedestrian pathway easement for Lot 37, Block 4 prior to signature on the final plat. 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. Minimu m cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for Exhibit A Verado Subdivision No. 2 – FP H-2017-0116 PAGE 4 more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho 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 Exhibit A Verado Subdivision No. 2 – FP H-2017-0116 PAGE 5 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 a bandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 04/07/16) C. Proposed Final Plat (dated: 10/01/16) D. Proposed Landscape Plan (dated: 10/01/16) Exhibit A Verado Subdivision No. 2 – FP H-2017-0116 PAGE 6 Exhibit A – Vicinity Map Exhibit A Verado Subdivision No. 2 – FP H-2017-0116 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 04/07/16) Exhibit A Verado Subdivision No. 2 – FP H-2017-0116 PAGE 8 Exhibit C – Proposed Final Plat (dated: 08/03/17) Exhibit A Verado Subdivision No. 2 – FP H-2017-0116 PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 07/18/17) 1 Joshua Beach From:Marcel Lopez <marcel@congergroup.com> Sent:Wednesday, August 23, 2017 2:09 PM To:Joshua Beach; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Cc:Jim Conger Subject:RE: Verado No. s FP (H-2017-0116) Thank you Josh. We are in agreement with the Conditions and Requirements in the revised Meridian Staff Report for the Verado No. 2 Final Plat. Marcel Lopez Conger Management Group 208.336.5355 – office 208.336.2282 – fax From: Joshua Beach [ mailto:jbeach@meridiancity.org ] Sent: Wednesday, August 23, 2017 9:35 AM To: Barbara Shiffer < bshiffer@meridiancity.org >; C.Jay Coles < cjcoles@meridiancity.org >; Charlene Way <cway@meridiancity.org >; Machelle Hill < mhill@meridiancity.org > Cc: Marcel Lopez < marcel@congergroup.com >; Jim Conger < jconger@congergroup.com > Subject: Verado No. s FP (H-2017-0116) See the attached revision to the above named final plat. 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. ADA COUNTY RECORDER Christopher D. Rich 2017-089735 BOISE IDAHO Pgs=54 VICTORIA BAILEY 09/22/2017 12:14 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Rockharbor Church, Owner/Developer 3. Spurwing Greens Master Association, Owner + THIS EVELOPMENT AGREEMENT (this Agreement), is made and entered into this I I day of a S� , 2017, by and between City of Meridian, a municipal corporation of the State o daho, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 hereafter called CITY, Rockharbor Church, whose address is 1608 N. Meridian Rd., Suite 125, Meridian, Idaho 83646 hereinafter called OWNER/ DEVELOPER and Spurwing Greens Master Association, whose mailing address is 6149 N Meeker Suite 150, Boise, ID 83713, hereinafter called OWNER. 1. RECITALS: LI WHEREAS, Owner and Owner/Developer are the sole owners, 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 § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and Owner and Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and Owner and Owner/Developer have submitted an application for the re -zone of approximately 25.06 acres of land from the R- 15 (Medium -High Residential)(8.95 acres) and C -N (Neighborhood Business)(16,11) zoning districts in Ada County to the R-15 (Medium -High Density Residential)(6.71) and C -N (Neighborhood Business)(1 8.3 5) 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 DEVELOPMENT AGREEMENT —ROCKBURY SUBDIVISION (H-2017-0018) PAGE I OF 8 1.5 WHEREAS, Owner and 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 providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 6`I' day of June, 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 Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and 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 and 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 DEVELOPMENT AGREEMENT - ROCKBURY SUBDIVISION (H-2017-0018 PAGE 2 OF 8 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: means and refers to Spurwing Greens Master Association, whose mailing address is 6149 N Meeker Suite 150, Boise, ID 83713, the party that own said Property and shall include any subsequent owner(s) of the Property. 3.3 OWNER/DEVELOPER: means and refers to Rockharbor Church, Inc, whose address is 1608 N. Meridian Road., Suite 125, Meridian, Idaho 83646, the party that owns and is developing said Property and shall include any subsequent owner(s)/developers 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 High Density Residential District (R-15) and Neighborhood Community District (C -N) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of the C -N portion of the site (Lot 2, Block 1) shall be restricted to a church and the specific use standards set forth in UDC 11 -4-3 -6. The R-15 portion of the site (Lot 3, Block 1) shall develop with village housing (apartments, condominiums and/or townhomes) to ensure housing diversity within the development. b. Future development on Lot 2, Block 1 shall generally comply with the submitted concept plan and building elevations in Exhibit A of the Finding of Fact and Conclusions of Law and attached Staff Report attached hereto as Exhibit "B". If the access to Chinden Boulevard is not approved, the applicant shall construct a 20 -foot wide landscape buffer in accord with UDC 11-313-9C along the west boundary of Lot 2, Block 1. c. The applicant shall coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-31-1. d. The existing tenants and businesses shall vacate the premises by December 31, 2017. DEVELOPMENT AGREEMENT - ROCKBURY SUBDIVISION (H-2017-0018 PAGE 3 OF 8 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 and Owner/Developer' default of this Agreement, Owner and 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 and Owner/Developer that is not cured after notice as described in Section 7.2, Owner and Owner/Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and 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 and Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT - ROCKBURY SUBDIVISION (H-2017-0018) PAGE 4 OF 8 8. INSPECTION: Owner and 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 and 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 and Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and 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 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: OWNER: Rockharbor Church, Inc. Spurwing Greens Master Association 1608 N. Meridian Road, Suite 125 6149 N. Meeker PI #150 Meridian, ID 83646 Boise, ID 83713 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 -ROCKBURY SUBDIVISION (H-2017-0018 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 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 and 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 and 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 and 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 and 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 DEVELOPMENT AGREEMENT - ROCKBURY SUBDIVISION (H-2017-0018) PAGE 6 OF 8 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: Rockharbor Church, Inc. (Printed arae) Se,,Tc.7ER M City Clerk �PpRA G� OWNER: Spurwing Greens Master Association (Printed Name) Mayor de Weerd DEVELOPMENT AGREEMENT — ROCKBURY SUBDIVISION (H-2017-0018) PAGE 7 OF 8 STATE OF IDAHO ss: County of Ada, ) On this S' day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the f- of Rocicharbor Church, Inc. who signed above and ackno ledged to me that he executed the same on behalf of said church 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) KELLI DEANNE MCKEE Notary Public State of Idaho STATE OF IDAHO . ss: County of Ada, ) Nota(-/uli rc for Idaho Residing at:• -�Nj) My Commission Expires: —My Commission Expires May 22, 2023 On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Spurwing Greens Master Association who signed above and acknowledged to me that he executed the same on behalf of said Association. 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) STATE OF IDAHO ss County of Ada Notary Public for Idaho Residing at: My Commission Expires: On this �. q Ail day of , 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. �.JN.&IT NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cert• e i > `*Mme written. WAL) + Notary Publicfor aho : Residingat: -� Commission expires: a add " aeaD�, •�� qTE OF "0 �. DEVELOPMENT AGREEMENT— ROCKBURY SUBDIVISION (H-2017-0018) PAGE 8 OF 8 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: OWNER: Rockharbor Church, Inc. Spurwing Greens Master Association - �T (Printed Name) (Printe arae) N� Rte IN11WK112041D1 9 111 E-391 Mayor Tammy de Weerd ATTEST: C.Jay Coles, City Clerk DEVELOPMENT AGREEMENT —ROCKBURY SUBDIVISION (H-2017-0018) PAGE 7 OF 8 STATE OF IDAHO M County of Ada, ) On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Rockharbor Church, Inc. who signed above and acknowledged to me that he executed the same on behalf of said church 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) STATE OF IDAHO ss: County of Ada, ) Notary Public for Idaho Residing at: My Commission Expires: On this i day of - 2017, before me, the undersigned, a Notary Ppb 'c in and for said State, personally appeared, , known or identified to me to be the a of Spurwing Green .M ster sociation who signed above and acknowledged to me that he executed the same on behalf of said Association. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this tb_first above written. u�OTAR y� :�, �pUB1.1G••� O� •������"O'S7ffE OF IDAHO ss County of Ada On this day of , 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. (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT- ROCKBURY SUBDIVISION (H-2017-0018) PAGE 8 OF 8 EXHIBIT A Rockbury – H-2017-0018 Legal Descriptions and Exhibit Maps EXHIBIT A Rockbury – H-2017-0018 EXHIBIT A Rockbury – H-2017-0018 EXHIBIT A Rockbury – H-2017-0018 EXHIBIT A Rockbury – H-2017-0018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request to rezone 25.06 acres of land from the R-15 (8.95 acres) and C-N 16.11 acres) to R-15 (6.71 acres) and C-N (18.35 acres); the applicant is requesting all of the subject property (approximately 25.06 acres) be excluded from the approved development agreements, so a new DA can be approved to govern development of the property; a proposed preliminary plat consisting of one (1) residential lot, 2 common lots and one (1) commercial lot on 23.56 acres of land in the R-15 and C-N zoning districts; and a variance to allow direct vehicular access to Chinden Blvd., by Rock Harbor Church. Case No(s). H-2017-0018 For the City Council Hearing Date of: May 23, 2017 (Findings on June 6, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 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 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 2 - 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 May 23, 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 short plat is hereby approved per the provisions in the Staff Report for the hearing date of May 23, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 3 - 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 May 23, 2017 By action of the City Council at its regular meeting held on the 611 day of ulve 2017. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED Y6 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 76 COUNCIL MEMBER TY PALMER VOTED /& COUNCIL MEMBER LUKE CAVENER VOTED `4 COUNCIL MEMBER GENESIS MILAM VOTED V4 MAYOR TAMMY de WEERD TIE BREAKER) z s fir Attest: n Cay Co ON Clerk VOTED `-- Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. ez Z/— 2Y7By: Dated: (• City Cleric's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 4 - Rockbury – H-2017-0018 PAGE 1 STAFF REPORT Hearing Date: May 23, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Rockbury Subdivision - H-2017-0018 RZ, PP, MDA, VAR 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Rock Harbor Church, Inc., has requested approval for the following applications: 1) Rezone (RZ) of 25.06 acres of land from the R-15 (8.95 acres) and C-N (16.11 acres) zoning districts to the R-15 (6.71 acres) and C-N (18.35 acres) zoning district; 2) Preliminary plat (PP) approval for 2 common lots, 1 commercial lot, and 1 multi-family lot on 23.56 acres of land in the proposed R-15 and C-N zoning districts; 3) Development agreement modification (MDA) to amend the recorded development to exclude the subject property and create a new development agreement for the purpose of attaching a new concept plan and new provisions relevant to the proposed development and; 4) Variance request to allow a right-in/right-out only shared access to Chinden Boulevard. For all pertinent information and further analysis see section 9 below. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed applications, except for the variance request, subject to the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on April 20, 2017. At the public hearing, the Commission moved recommend approval of the project. a. Summary of Commission Public Hearing: i. In favor: Scott Wonders, Scott Harrop ii. In opposition: Robert Neufeldt iii. Commenting: Robert Ebert, Tom Mcneill, Jamie Koozie, Robert Neufeldt, Denise LeFevre, iv. Written testimony: Robert Ebert 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, especially on Tree Farm Way has been increasing recently ii. Concerns about the amount of traffic through the area, and for pedestrian safety. iii. Discussion about how the addition of berms on the property would greatly reduce noise; c. Key Issues of Discussion by Commission: i. Discussion about berms and what is required by the city vs. required by ITD. ii. The potential for alternative compliance to reduce or remove the berms from along Chinden. Rockbury – H-2017-0018 PAGE 2 d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1C to read as follows: “The applicant shall coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H.” ii. Modify condition 1.2.1B as follows: “The applicant shall coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H.” iii. Add condition 1.2.4 to read as follows: “Prior to the City Council hearing, the applicant shall provide a horizontal elevated landscape plan.” iv. Modify condition 1.1.1D to read as follows: “The existing tenants and businesses shall vacate the premises by December 31, 2017.” v. Modify condition 1.2.2 to read as follows: “Construct a 35-foot wide landscape buffer adjacent to Chinden Boulevard as proposed. If the unimproved street right- of-way along W. Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority’s five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. The applicant shall enter into a license agreement for the landscape improvements within the ROW. vi. Add condition 1.1.1F to read as follows: “The applicant shall either install the berms along Chinden Blvd. as required by the UDC, or apply and receive approval for alternative compliance.” e. Outstanding Issue(s) for City Council: i. Variance request for direct access to Chinden Blvd. The Meridian City Council heard these items on May 23, 2017. At the public hearing, the Council approved the subject RZ, PP, MDA, and VAR requests. a. Summary of City Council Public Hearing: i. In favor: Scott Wonders, Marsha Dennis, Dirk Benatri, Denise LeFevre ii. In opposition: None iii. Commenting: Dirk Benatri, Tom McNeill, Denise LeFevre, iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Pete Friedman, Bill Nary, Mark Niemeyer b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation ii. None 3. PROPOSED MOTION Approval/Partial Denial After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of the rezone, preliminary plat and development agreement modification and denial of the variance associated with File Number H-2017-0018, as presented in staff report for the hearing date of April 20, 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-2017-0018 as presented in staff report for the hearing date of April 20, Rockbury – H-2017-0018 PAGE 3 2017 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number H-2017-0018 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location The subject property is located at 6437 N. Tree Haven Way, in the SW ¼ of Section 22, Township 4N., Range 1W. B. Applicant/Owner: Rock Harbor Church, Inc. Spurwing Greens Master Association 1608 N. Meridian Rd, Suite 125 2180 W. SR 434, Suite 5000 Meridian, ID 83642 Longwood, FL 32779 C. Representative: Scott Wonders, JUB Engineers 250 S. Beechwood Ave, #201 Boise, ID 83709 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. 5. PROCESS FACTS A. The subject applications are for rezone, preliminary plat, variance and development agreement modification. 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: March 17, 2017 (Commission); May 5, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: March 9, 2017 (Commission); April 25, 2017 (Council) D. Applicant posted notice on site by: April 10, 2017 (Commission); May 12, 2017 (Council) 6. LAND USE A. Existing Land Use(s): A majority of the property is vacant; zoned R-15 and C-N. There are two 2) existing buildings developed on the C-N portion of the site that are operating with commercial businesses without the approval of the City. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residential homes in the Spurwing Green Subdivision, zoned R-8 and R-15 South: W. Chinden Blvd rural residential home and vacant residential and office property, zoned RUT in Ada County, R-8, and L-O East: Single-family residential homes in the Spurwing Green Subdivision, zoned R-8 West: Jayker Nursery, zoned R-15 and C-C C. History of Previous Actions: In 2006, the property received annexation (AZ-06-004) and conceptual approval to develop a Rockbury – H-2017-0018 PAGE 4 mixed use community consisting of single family residential, townhomes, multi-family and neighborhood commercial known as the Tree Farm. A development agreement (DA) was required with the annexation of the property (Instrument #106151218) and several addendums to the original DA (Instrument # 107002555 and 107141993) have been approved that govern the property. In 2015, a different project was proposed for the site that consisted of a rezone of 26.09 acres of land from the R-15 and C-N zoning districts to the R-15 (8.48 acres) and C-C (17.61 acres) zoning districts; a preliminary plat (PP) consisting of 1 residential lot, 3 commercial lots and 3 common lots; a conditional use permit (CUP) to construct and operate a self-service storage facility; a development agreement modification (MDA); and alternative compliance (ALT) to deviate from the landscape buffer requirements adjacent to streets set forth in UDC 11-3B-7C and the parking standards for the proposed self-service storage facility set forth in UDC 11-3C-6B. D. Utilities: 1. Public Works: a. Location of water: Provider is Suez Water. b. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in N Tree Haven Way. c. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: The Simpson Lateral has been tiled to make way for the proposed development. The tiled irrigation facility is contained within a 40-foot wide easement that transverses through the proposed development. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the floodplain. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properties are designated “Medium Density Residential” and “Mixed-use Community,” on the future land use map. A majority of the site is designated MDR. The anticipated density for the medium density designation is between three and eight dwellings per acre. The mixed-use community designation also encourages residential uses and specifies densities between 6 and 15 units to the acre. The UDC does not specify properties to develop at a minimum density. The MU-C designation (although a smaller portion of the property) envisions at least three (3) different land uses. This mixed use designation encourages compatibility and connectivity between all of the uses. Similar design characteristics are encouraged so new development blends in with the character and appearance of the surrounding developments. Further, the mixed use standards encourage a transitional use between the commercial and existing residential uses. Featured elements of a mixed use development should include the following: Residential densities at a minimum of 6 dwelling units to the acre; Where feasible higher density along state facilities is desired to serve employment centers; A conceptual site plan; Provide community serving facilities; Provide some form of common, usable area, such as a plaza or green space; Rockbury – H-2017-0018 PAGE 5 Landscape buffering between commercial and existing low or medium density residential; Three different types of land uses and; Be accessible to neighborhoods by both vehicles and pedestrians. At the time of annexation approval, the approved concept plan envisioned a mix of residential and neighborhood commercial uses for this property (see Exhibit A.2). The applicant is now requesting to rezone a small portion of the property from R-15 to C-N and another piece from C-N to R-15, which is consistent with both land use designation. A concurrent preliminary plat includes 1 multi-family lot, 2 common lots and 1 commercial lot on approximately 23.59 acres. At this time, the R-15 portion of the development is not proposed to develop. Future density for this lot will be determined at the time of lot development however, the Planning Division will determine an appropriate density based on the capability with adjacent land uses and the aforementioned density range of the designated land use designation. The C-N portion of the site is proposed to develop with 73,000 square foot church and associated site improvements. As noted above the proposed use of the property is desired in the MU-C designated areas. Although three (3) specific land uses are not proposed with this development, the site is proposed to develop with common open space to promote social gatherings, will be accessible to the adjacent residential community via pedestrian connections and my develop with ancillary uses (e.g. daycare, private education institution) to serve the community. Further, there are other vacant commercially zoned properties in the vicinity that can also develop with a mix of commercial uses to support the surrounding develops. 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 apply to the proposed development (staff analysis in italics below policy): 1. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City sewer is readily available to serve the proposed development in accord with UDC 11- 3A-21. Suez Water provides water service to the development. 2. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A 10-foot wide multi-use pathway is required along Chinden Boulevard. Further, additional walkways are depicted on the conceptual development plan that provides interconnectivity between the proposed development, future R-15 property when it develops and the adjacent residential subdivision. 3. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The applicant is increasing the C-N zoning boundary to construct a church. The R-15 zoned property will develop at a later date. The proposed church is separated from the adjacent residential uses with public streets and should operate with limited hours to minimize conflict with the abutting residents. Further, the applicant is proposing to construct a 60-foot wide landscape buffer along the east boundary. Where the C-N portion of the site abuts the R-15 zoned property, the applicant is proposing to construct a 25-foot wide landscape buffer the southern boundary of the R-15 portion of the site. On the west boundary the applicant is proposing to construct a shared driveway with the adjacent property owner. If the variance request isn’t approved the applicant will be responsible for constructing 20-foot wide landscape buffer along this boundary. Rockbury – H-2017-0018 PAGE 6 4. “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage / backage roads.” (3.03.02N) The applicant has applied for a variance to obtain a right-in/right-out access to Chinden Boulevard. For development proposed along Chinden Boulevard (HWY 20/26), the UDC requires access at the mid-mile and the section line road and requires the construction of a backage road. With the development of the adjacent subdivision the road network was constructed in accord with the UDC. Further, N. Tree Farm Way is under construction along the north boundary of the R-15 zoned property that meets the requirements of a backage road. Therefore, staff cannot support the variance request for the access to Chinden Boulevard. Acceptance of the right-in/right-out access is predicated on Council and ITD approval. 5. “Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L). The applicant should coordinate with ITD on the preservation of right of way (ROW) along the Chinden corridor. The total ROW needed for this segment of corridor is 200 feet. The submitted plat does not depict any future ROW for the expansion of the roadway. Staff recommends the applicant depict the 50-feet of additional (100-feet total from centerline) ROW with the submittal of a final plat application. 6. “Require landscape street buffers for new development along all entryway corridors. 2.01.02E) A 35-foot wide landscape buffer will be required along Chinden Boulevard, designated entryway corridors. These landscape buffers must be developed in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. The applicant is proposing to install a 45-foot landscape buffer. 7. “Require all commercial and industrial businesses to install and maintain landscaping. 2.01.03B) The applicant is required to install landscaping meeting the requirements of UDC 11-3B and must maintain the landscaping. 8. “Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.). (3.05.02A) The church is proposed to be located within the C-N zoning district and has proposed landscaping and berms adjacent to existing residential areas in order to create a site design compatible with the future and existing residential uses. 9. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) This site currently takes access via N. Tree Haven Way, a local street and the applicant is proposing several accesses to N. Tree Farm Way, a collector street. Further, the applicant has submitted a variance for a right-in/right-out access to Chinden Boulevard. The UDC (11-3A-3 and 11-3H-4) restricts access to collector streets when access is available via a local street or other lesser street classification. Access to N. Tree Farm Way is predicated on Council approval of the access points and the Chinden Boulevard access is requires approval from both ITD and Council. To support the applicant’s variance request, the Spurwing Greens HOA and the Developer of the subdivision have submitted written testimony in support of the Chinden access. If approved, the applicant will have to coordinate with the adjacent property owner to the west on the specified location of the driveway. Currently, the applicant is proposing that the Chinden access be constructed along the Rockbury – H-2017-0018 PAGE 7 shared property line. The applicant did submit a letter from the adjacent property owner in support of the access point and location. 10. “Maintain integrity of neighborhoods to preserve values and ambiance of areas (3.05.02). If the applicant complies with the design guidelines outlined in the Architectural Standards Manual, UDC design standards and specific use standards, Staff is of the opinion the proposed use should maintain the integrity of the neighborhood. 11. “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A 10-foot wide detached multi-use pathway is required to be constructed along the frontage of the site on Chinden Boulevard and the applicant is proposing to construct internal walkways which will provide safe routes to community gathering places. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2B-2 lists church or place of religious worship as a permitted use in the proposed C-N zoning district. Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted, accessory, conditional, and prohibited uses in the proposed R-15 zoning district. b. Purpose Statement of Zone: R-15: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. C-N: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. c. General Standards: All of the proposed lots must comply with the standard street frontage and lot size requirements for the R-15 zoning designation established in the UDC. No dimensional modifications are being requested for the proposed development. Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-N zoning district. d. Landscaping: 1. UDC Table11-2B-3 and UDC 11-3B-7C addresses landscaping requirements along streets for properties in the C-N and R-15 zoning districts. 2. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. 3. Landscape buffers to residential uses shall comply with the standards listed in UDC Table 11-2B-3 and UDC 11-3B-9C. Rockbury – H-2017-0018 PAGE 8 4. The proposed 10-foot pathway adjacent to Chinden Boulevard shall comply with the design standards in accord with UDC 11-3A-8. e. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for future residential development and UDC 11-3C-6B for the proposed commercial development. f. Structure and Site Design Standards: Development of the C-N zoned portion of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines Architectural Design Manual. g. Development along Federal and State Highways: The proposed development must comply with the standards set forth in UDC 11-3H-4. The applicant has submitted a variance application to construct a right-in/right-out access to Chinden Boulevard. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant has submitted several applications for the City’s consideration to develop the property with a church and future residential subdivision. Staff has provided analysis for each individual application submitted. Rezone (RZ): The applicant is requesting to rezone 25.06 acres of land from the R-15 (8.95 acres) and C-N (16.11 acres) to R-15 (6.71 acres) and C-N (18.35 acres). The requested zoning is consistent with the MU-C and the MDR land use designations. The property currently contains both zoning designations which were approved with the Tree Farm (AZ-06-004 and AZ-06-050) annexation. Now that a new development plan is proposed, the approved R-15 and C-N designations do not coincide with the proposed preliminary plat, thus the reason for the rezone. Development Agreement Modification (MDA): As mentioned above, this property is governed by three (3) development agreements. At the time of annexation approval, the approved concept plan envisioned a mix of residential and neighborhood commercial uses for this property (see Exhibit A.2). Now that specific development plans are proposed, the applicant is requesting all of the subject property (approximately 25.06 acres) be excluded from the approved development agreements, so a new DA can be approved to govern development of the property. The applicant has submitted a new concept plan for Lot 2, Block 1. The submitted plan depicts a 73,000 square foot church and associated site improvements to be developed in multiple phases see Exhibit A.4). In general staff is supportive of the submitted concept plan however, UDC 11- 3A-19A.2. limits the amount of parking (50%) that is to be located between the building facades and the abutting streets. If the applicant desires to keep the design as proposed, the applicant may request alternative compliance (ALT) concurrent with the certificate of zoning compliance (CZC) application. NOTE: The applicant has incorporated several design features (wider buffer, berms, plazas etc.) to mitigate the location of the parking area. Official approval of these design concepts will be reviewed with a future ALT application. To ensure the C-N portion of the site develops as proposed, staff recommends limiting Lot 2, Block 1 to the church use. At this time, the R-15 portion of the site (Lot 3, Block 1) is not proposed to develop. In keeping with the integrity of the approved concept plan, the R-15 portion of the site was to develop with village housing (apartments, condominiums and townhomes). To ensure housing diversity within the development, Staff recommends the R-15 portion of the development be restricted to the aforementioned residential uses as previously approved. Staff’s recommended DA provisions are in Exhibit B. Existing Structures: With a previous application for this site, the City was made aware of that the existing buildings on the site are occupied by multiple tenants without the approval from the City. The City requires that any business operating within the City limits must obtain a certificate of occupancy from the Building Division. Further, the existing buildings Rockbury – H-2017-0018 PAGE 9 on future Lot 2, Block 1 are not connected to City sewer or water service; buildings must connect to City services within 60 days of development approval. Per the UDC, site development and establishing a commercial use requires approval from the Planning Division. To further complicate the matter, there are two (2) mobile service businesses currently operating on the site. This type of use requires a procurement of conditional use permit prior to operating in the proposed C-N zoning district. In order for the site to come into compliance with the UDC staff recommends the following: 1) The applicant shall obtain approval of a CZC and DES application to install the site improvements (paved parking, landscaping, etc.) for the existing commercial businesses on Lot 2, Block 1 within 90 days of the approval of the Findings by City Council; 2) The applicant must connect the existing buildings to the public water and sewer system within the timeframe noted in item #1 above; 3) The applicant must submit CUP application for the mobile service uses or cease operation; and 4) All current tenants must obtain final certificate of occupancy permits from the City within 90 days of the approval of the Findings by City Council. At the public hearing, the applicant should clarify for the Commission the intended use of the existing structures. Preliminary Plat (PP) application: The applicant is proposing to plat one (1) residential lot, 2 common lots and one (1) commercial lot on 23.56 acres of land in the R-15 and C-N zoning districts. The proposed C-N (Lot 2, Block 1) lot will consist of the proposed church and associated site improvements. The residential lot (Lot 3, Block 1) is being platted as a single 5.83 acre parcel and may be further subdivided in the future. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-7 and UDC 11-2B-3 for the R-15 and C-N zoning districts. The C-N zone is not required to meet a minimum lot size. Per UDC Table 11-2B-3, a 35-foot wide landscape buffer is required adjacent to Chinden Boulevard, a 20-foot wide landscape buffer is required along N. Tree Farm Way and a 10-foot wide landscape buffer is required adjacent to N. Tree Haven Way and a 20-foot wide landscape buffer is required along the north and west boundary of the C-N zoned property. The submitted plat does not depict the require 10-foot wide landscape buffer along N. tree Haven Way or the 20-foot wide landscape buffer adjacent N. tree Farm Way in accord with UDC 11-3B-7C2.b. With the final plat submittal the applicant shall depict the required buffer widths on the plat. The future development of the residential lot (Lot 3, Block 1) must comply with the dimensional standards set forth in UDC Table 11-2A-7. The R-15 zone requires a minimum lot size of 2,000 square feet with no street frontage requirement. Compliance with the R-15 dimensional standards will be addressed with a future preliminary plat application, if further platting is desired. However, the applicant is required to install a 20-foot wide landscape buffer adjacent to the collector road (N. Tree Farm Way) with the subject plat in accord with the UDC Table 11- 2A-7. This landscape buffer must be on a common lot, maintained by a homeowners’ association. Open Space and Amenities: Future development of Lot 3, Block 1 will have to comply with the requirements for qualified open space and the site amenity standards set forth in UDC 11-3G-3. Rockbury – H-2017-0018 PAGE 10 Waterways: 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. As mentioned earlier, the Simpson Lateral has been tiled on the site and is contained within a 40-foot wide irrigation easement. Both he submitted concept plan and preliminary plat depict this easement. The site design as proposed depicts no structures encroaching within the easement; only associated site improvements landscaping and parking). Further, to ensure the required trees can still be provided along the north boundary of the C-N property, the applicant is proposing to install an additional 5-foot buffer. The applicant will responsible for entering into a license agreement with the irrigation district prior to commencing with construction on the site. 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. Sidewalk: A portion of the internal street network and 5-foot wide detached sidewalks were constructed with previous development. A 5-foot detached sidewalk is proposed along the new segment N. Tree Farm Way in accord with UDC 11-3A-17. Access: At this time, the primary access into the development is N. Tree Farm Way, via Chinden Boulevard. With earlier residential development this roadway was required to be constructed at the half mile mark in accord with UDC 11-3H-4. N. Tree Haven Way was also constructed during the same time frame and provides the local street access to the proposed development in accord with UDC 11-3A-3. Further, N. Tree Farm Way is designated a collector street, and is meant to serve as a backage road to Chinden Boulevard. The remaining portion of N. Tree Farm Way is currently under construction to the west boundary of the development. This roadway will eventually be extended through the adjacent property and intersect with Black Cat Road. In the interim, the primary access from Chinden Boulevard is N. Tree Farm Way. UDC 11-3A-3 requires Council waiver for the two (2) access points currently proposed to N. Tree Farm Way. Variance: The applicant is proposing a right-in/right-out access to Chinden Boulevard. The proposed access is located on the shared property line with the adjacent property owner. With the application submittal, the applicant submitted a letter from the property owner granting use of his property for the access. If the variance is approved, the applicant and the adjacent property owner will have to record a reciprocal cross access agreement for the shared access. The recorded cross access agreement must be submitted with the certificate of zoning compliance for the development of the church property (Lot 2, Block 1) or the first final plat application whichever is submitted first. Development Along State Highways (UDC 11-3H-4): The UDC requires specific standards for developments along state highways. This property abuts highway 20/26 and is subject to these regulations. Staff has addressed the pertinent standards as they relate to this project: Access to State Highway 20-26 is as follows: 1. Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: Rockbury – H-2017-0018 PAGE 11 a. The existing use is lawful and properly permitted effective September 15, 2005. The subject property is partially developed and previously used for agricultural purposes (Tree Farm) As noted above there are unlawful uses currently operating from the existing structures that either need to cease or obtain approval from the City. Further, the there was a previous access granted to residence (Lot 4, Block 1) along the rim and that access was terminated with the development of the Oak Leaf Subdivision. Because a lawful use has not been established through the City’s process, staff is of the opinion the property should not be granted an access to Chinden Boulevard. b. The nature of the use does not change (for example a residential use to a commercial use). The applicant is proposing a substantial change of use of this site from agricultural to a commercial and residential uses (e.g. church, townhomes, condos and/or multi-family).Staff finds the nature of the use is dramatically different than the current use of the property. c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). The use on the site will significantly increase from agricultural and partial developed property to developing the property with a 73,000 square foot church and future residential densities. 2. If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. a. No new approaches directly accessing a state highway shall be allowed. Because new and higher intense uses are proposed for the property and the use of the existing approach was terminated with a previous application, staff is not in favor of the access to Chinden Boulevard. Other means of access have been provided to the subject property via, N. Tree Haven Way and n. Tree Farm Way. Although not constructed, N. Tree Farm Way is expected to be extended with development of the Tree Farm Subdivision to the west which will ultimately connect into future N. Black Cat Road. The right-of-way for this road has already been dedicated and accepted by ACHD however; construction of this future roadway is predicated on development of those properties that benefit from the roadway. b. Public street connections to the state highway shall only be allowed at: i. The section line road; and With the approval of Tree Farm annexation, the City approved public street connections to Chinden Boulevard. N. Black Road is planned to be extended when the adjacent parcels develop consistent with the approved concept plan. ii. The half-mile mark between section line roads. These half-mile connecting streets shall be collector roads. N. Tree Farm Way intersects with Chinden Boulevard at the half-mile mark consistent with this section of code and the approved concept plan. 3. The applicant shall construct a street, generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway that lie between the applicant’s property and the nearest section line road and/or half -mile collector road. A segment of N. Tree Farm Way is currently under construction and parallels the state highway. With the development of the Tree Farm Subdivision to the west this roadway will be extended and ultimately connect into N. Black Cat Road. Rockbury – H-2017-0018 PAGE 12 In summary, the preservation of the SH 20/26 Corridor is one of the City’s top priorities. In U.S. 20/26 Corridor Preservation Study, (ITD and Compass, ongoing,) there are preferred roadway configurations and recommend safety improvements to these high-volume and high-speed facilities. The City supports access management, congestion mitigation improvements and the beautification of the corridor called for in the study therefore, staff cannot make the Findings to support the right-in/right-out access to Chinden Boulevard. To support the applicant’s variance request, the Spurwing Greens HOA and the Developer of the subdivision have submitted written testimony in support of the proposed Chinden access. In addition to access management, the UDC requires the following: 1) The UDC requires the construction of a 10-foot pathway adjacent to highway 20/26. On the submitted plans the applicant has not provided the required pathway in accord with the UDC. 2) The UDC also requires the applicant to reserve the necessary right-of-way for ITD. ITD has indicate this development should dedicate a total of 100-ft of right-of-way, approximately 50 additional feet. Staff recommends the applicant reserve the additional 50 feet of right of way. Reservation of right-of-way should be depicted on the plat submitted with the final plat application. The applicant should coordinate with ITD on the right-of-way needed for preservation along Chinden Boulevard. Staff has not received official comments from ITD. Landscaping Requirements Entry Way Corridors: UDC Table 11-2B-3 requires a 35-foot wide street buffer along Chinden Boulevard. On the submitted landscape plan, the applicant complies with the aforementioned buffer width along this roadway. Said buffers must be constructed in accord with UDC 11-3B-7C. The applicant is proposing to construct a 45-foot wide landscape buffer along the frontage of Lot 2, Block 1. Any unimproved right-of-way that is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, the applicant shall maintain a 10 foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover. Currently, Lot 1, Block 1 is developed with the required buffer width and landscaping but, lacks the required 10-foot multi-use pathway. Staff recommends the pathway along Lot 1, Block 1 be constructed in conjunction with the construction of the pathway on Lot 2, Block 1. Collector Streets: UDC Table 11-2A-7 and UDC Table 11-2B-3 requires a 20-foot wide street buffer along N. Tree Farm Way. On the submitted landscape plan, the applicant is depicting a 60- foot wide landscape buffer in excess of the UDC for the C-N portion of the development. The R- 15 portion of the site does not depict the required 20-foot wide landscape buffer. Said buffers shall be constructed in accord with the standards outlined in UDC 11-3A-7C and must be included as a common lot with a future final plat application. Local Streets: A UDC Table 11-2B-3 requires a 10-foot wide street buffer along N. Tree Haven Way for the C-N portion of the site. On the submitted landscape plan, the applicant is depicting approximately a 32-foot wide landscape buffer in excess of the UDC. Landscape Buffers to Adjoining Uses: UDC Table 11-2B-3 requires a 20-foot wide landscape buffer when C-N zone property abuts residential uses. The submitted concept plan depicts a 25 - foot wide landscape buffer along the north boundary in accord with these standards. A 20-foot wide landscape buffer is not depicted along the west boundary. Instead the applicant is proposing to construct a shared driveway with the property to the west. Rockbury – H-2017-0018 PAGE 13 NOTE: A 20-foot wide landscape buffer will not be required along the west boundary of Lot 2, Block 1 if the variance is approved granting the right-in/right-out access to Chinden Boulevard. If the access is not granted the applicant will have to redesign the site plan and incorporate the required 20-foot wide landscape buffer in accord with UDC 11-2B-3. Existing Trees: There are existing trees on the site however, the submitted plans do not address if these tree are to remain or be removed with development of the subject property. The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. With the submittal of the final plat, the applicant must submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Conceptual Building Elevations: The applicant has submitted sample elevations to depict the design of the church proposed for Lot 2, Block 1 of the subdivision (see exhibit A.5). As mentioned earlier, there are two existing buildings on Lot 2 that may remain with the development of the property. The church elevations incorporate glass, metal awnings, stucco, two variations in metal siding, and translucent wall panels. In general, staff is supportive of the proposed building elevations. Further, refinement of the church elevations proposed on Lot 2, Block 1 should comply with the submitted conceptual elevations and comply with the design standards set forth in UDC 11-3A-19 and the Architectural Standards Manual. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the church site (Lot 2, Block 1). This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Tree Farm Concept Plan 3. Proposed Preliminary Plat 4. Proposed Concept Plan and Landscape Plan 5. Church Building Elevations B. Agency & Department Comments C. Legal Description & Exhibit Map of Rezone Boundary D. Required Findings from Unified Development Code Rockbury – H-2017-0018 PAGE 14 A. Drawings 1. Vicinity Map Rockbury – H-2017-0018 PAGE 15 2. Approved Tree Farm Concept Plan Rockbury – H-2017-0018 PAGE 16 3. Proposed Preliminary Plat Rockbury – H-2017-0018 PAGE 17 4. Proposed Landscape Plan Rockbury – H-2017-0018 PAGE 18 5. Church Building Elevations Rockbury – H-2017-0018 PAGE 19 Rockbury – H-2017-0018 PAGE 20 B. Conditions of Approval 1. Planning Division 1.1 Annexation, Rezone and Development Agreement Modification 1.1.1 A new Development Agreement (DA) is required as part of the project approval. Prior to the ordinance approval, a new DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of ordinance adoption. A final plat application will not be accepted until the DA is recorded. The Applicant shall contact the City Attorney’s office to initiate this process. The DA shall be signed by the property owner and developer and returned to the city within six (6) months of the City Council granting approval of the project. The DA shall, at minimum, incorporate the following provisions: a. Development of the C-N portion of the site (Lot 2, Block 1) shall be restricted to a church and the specific use standards set forth in UDC 11-4-3-6. The R-15 portion of the site Lot 3, Block 1) shall develop with village housing (apartments, condominiums and/or townhomes) to ensure housing diversity within the development. b. Future development on Lot 2, Block 1 shall generally comply with the submitted concept plan and building elevations in Exhibit A. If the access to Chinden Boulevard is not approved, the applicant shall construct a 20-foot wide landscape buffer in accord with UDC 11-3B-9C along the west boundary of Lot 2, Block 1. c. The applicant shall reserve 50-feet of additional ROW (100-feet total) coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H. d. The existing tenants and businesses shall vacate the premises by December 31, 2017. If the existing the tenants are to remain operating from the existing structures on Lot 2, Block 1 the applicant shall comply the following: The applicant shall obtain approval of a CZC and DES application to install the site improvements (paved parking, landscaping, etc.) for the existing commercial businesses on Lot 2, Block 1 within 90 days of the approval of the Findings by City Council; The applicant must connect the existing buildings to the public water and sewer system within the timeframe noted in item #1 above; The applicant must submit CUP application for the mobile service uses or cease operation; and All current tenants must obtain final certificate of occupancy permits from the City within 90 days of the approval of the Findings by City Council. At the public hearing, the applicant shall clarify for the Commission the intended use of the existing structures on Lot 2, Block 1. e. In accord with UDC 11-3A-3 and 11-3H-4, direct lot access to N. Tree Farm Way and W. Chinden Blvd/U.S. Hwy 20-26, is prohibited unless specifically allowed by Ada County Highway District, the City of Meridian and the Idaho Transportation Department. If the variance is approved, the applicant and the adjacent property owner to the west shall record a reciprocal cross access agreement for the shared access. The recorded cross access agreement shall be submitted with a final plat application or with the certificate of zoning compliance application for the development of the church property (Lot 2, Block 1), whichever is submitted first. Rockbury – H-2017-0018 PAGE 21 f. The applicant shall either install the berms along Chinden Blvd. as required by the UDC, or apply and receive approval for alternative compliance. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat included in Exhibit A.3, dated February 14, 2017 shall be revised as follows: a. With a final plat application, graphically depict a 20-foot wide landscape buffer along N. Tree Farm Way on Lot 3, Block 1.This landscape buffer must be on a common lot, maintained by a homeowners’ association in accord with UDC 11-3B-7C.2.a. b. The applicant shall reserve 50-feet of additional ROW (100-feet total) coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H. c. With a final plat application, graphically depict a 10-foot wide landscape buffer along N. Tree Haven Way and a 20-foot wide landscape buffer along N. Tree Farm Way on Lot 2, Block 1 in accord with UDC 11-3B-7C.2.b. d. Include a note on the final plat the expressly prohibits direct lot access to Chinden Boulevard and N. Tree Farm Way unless approved by ACHD, City of Meridian and ITD. 1.2.2 The landscape plan included in Exhibit A.4, dated February 10, 2017, shall be revised as follows: a. Construct a 35 45-foot wide landscape buffer adjacent to Chinden Boulevard as proposed. If the unimproved street right-of-way along W. Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority’s five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. The applicant shall enter into a license agreement for the landscape improvements within the ROW. b. The existing landscape buffer along the west N. Tree Farm Way and Common Lot 1, Block 1 must remain protected during construction on the site. The 10-foot multi-use pathway required on Lot 1, Block 1 shall be constructed in conjunction with the construction of the pathway on Lot 2, Block 1. c. The applicant 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.The multi-use pathway shall be depicted on the landscape plan submitted with future final plat application. A public pedestrian easement shall be recorded for these pathways. d. Prior to City Engineer signature on the final plat, the applicant shall record a public access easement for the multi-use pathway on Lots 1 and 2, Block 1. e. Construct a 20-foot wide landscape buffer along the north side of Lot 3, Block 1, in accord with UDC 11-3B-7C. 1.2.3 Prior to the development of the church and associated site improvements on Lot 2, Block 1, the applicant shall submit a certificate of zoning compliance, administrative design review and alternative compliance application to the Planning Division for review and approval. 1.2.4 Prior to the City Council hearing, the applicant shall provide a horizontal elevated landscape plan. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the applicable district (R-15 and C-N) listed in UDC Chapter 2 District regulations. Rockbury – H-2017-0018 PAGE 22 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 1.3.4 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. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.3.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.3.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.10 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.11 Construct a multi-use pathway consistent with standards in UDC 11-3H-4C. 1.3.12 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.3.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.14 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 1.4 Ongoing Conditions of Approval 1.4.1 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.4.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4.3 The applicant shall have an ongoing obligation to maintain all pathways. 1.5 Process Conditions of Approval 1.5.1 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. 1.5.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.3 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. 1.5.4 Staff failure to site any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 2. Public Works Department Rockbury – H-2017-0018 PAGE 23 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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. Rockbury – H-2017-0018 PAGE 24 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 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 Rockbury – H-2017-0018 PAGE 25 Community Development Department website. Please contact Land Development Service for more information at 887-221. 2.24 Water service to this site is being proposed via extension of water mains under the jurisdiction of Suez. 2.25 Though the City of Meridian will not own or maintain the water system in this development, final hydrant location shall be coordinated with and receive approval from the Public Works Department and Meridian Fire Department prior to construction plan approval . 2.26 Structures of 3600 square feet and larger including the garage, shall comply with the fire flow, and hydrant requirements of appendix b and c of the 2009 International Fire Code. 2.27 Prior construction plan approval the applicant shall submit documentation from Suez they have approved the water plans. 2.28 Prior to scheduling of a pre-construction meeting the applicant shall submit documentation from Suez that all of their requirements have been met to be able to go to construction. 3. Fire Department 3.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 3.2 Based on the size of new construction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side entrance and the other at the entrance to the sprinkler riser room. 3.3 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 aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be place 18” above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 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. 3.5 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. 3.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 3.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. Rockbury – H-2017-0018 PAGE 26 3.9 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 3.11 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.12 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 3.13 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.14 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. Parks Department 4.1 Construct the pathway and landscaping consistent with the standards as set forth in UDC 11-3A- 7A7 and 11-3B-12C respectively. 4.2 The applicant shall have an ongoing obligation to maintain all pathways. 4.3 Construct a multi-use pathway consistent with standards in UDC 11-3H-4C. 4.4 Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi-use pathway along Chinden Boulevard on the final plat. 5. Republic Services 5.1 Please coordinate with Bob Olson, Republic Services (208-345-1265) and obtain approval of the trash enclosure location prior to submittal of the Certificate of Zoning Compliance application. 6. Police Department 6.1 The Police Department has no comments on this application. 7. Ada County Highway District 7.1 Site Specific Conditions of Approval 7.1.1 To accommodate the construction of Tree Farm Way abutting the site’s north property line, the applicant should be required to dedicate a minimum of 54-feet of right-of-way prior to ACHD’s signature on the first final plat. 7.1.2 Comply with requirements of ITD and City of Meridian for the Chinden Boulevard/SH-20/26 frontage. Submit to the District a letter from ITD regarding said requirements prior to District Rockbury – H-2017-0018 PAGE 27 approval of the final plat or issuance of a building permit (or other required permits), whicheve r occurs first. 7.1.3 Replace any broken or deteriorated curb, gutter, and sidewalk on Tree Farm Way abutting the site. 7.1.4 Replace any broken or deteriorated curb, gutter, and sidewalk on Tree Haven Way abutting the site. 7.1.5 Construct one 20-foot wide driveway onto Tree Farm Way located 620-feet west of Tree Haven Way, as proposed. The driveway shall be constructed as a curb return type driveway with 30 -foot radii and to pave the driveway it’s full width at least 30-feet in to the site beyond the edge of Tree Farm Way. 7.1.6 Reconstruct the existing 20-foot wide driveway on Tree Haven Way located 190-feet west of Tree Farm Way to a width of 50-feet with two 20-foot wide travel lanes and a 10-foot wide center landscape island, as proposed. Pave the driveway it’s full width at least 30-feet into the site beyond the edge of pavement of Tree Haven Way. 7.1.7 Pave the existing 20-foot wide driveway located 590-feet west of Tree Farm Way it’s full width at least 30-feet into the site beyond the edge of pavement of Tree Haven Way. 7.1.8 Other than the access approved as part of this application direct lot access to Tree Farm Way is prohibited 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. 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. Rockbury – H-2017-0018 PAGE 28 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. Rockbury – H-2017-0018 PAGE 29 C. Legal Descriptions and Exhibit Maps Rockbury – H-2017-0018 PAGE 30 Rockbury – H-2017-0018 PAGE 31 Rockbury – H-2017-0018 PAGE 32 Rockbury – H-2017-0018 PAGE 33 Rockbury – H-2017-0018 PAGE 34 D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone (RZ) of 25.06 acres of land from the R-15 (8.95 acres) and C-N (16.11 acres) zoning districts to the R-15 (6.71 acres) and C-N (18.35 acres) zoning district. The proposed zoning districts are consistent with the Comprehensive Plan. Staff finds that the proposed development complies with the applicable provisions of the comprehensive plan. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that proposed development would comply with the established regulations and purpose statement of the R-15 and C-N zoning districts. Staff finds that the proposed map amendment does comply with the regulations of the proposed district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendments should not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendments will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site since services are not available. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). If the applicant complies with the development agreement provisions and the conditions of approval, staff finds the rezone 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; Staff finds that the proposed plat are in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that services can be made available to accommodate the proposed development. Rockbury – H-2017-0018 PAGE 35 C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission’s attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Staff finds granting the access to Chinden Boulevard as proposed by the applicant grants a special privilege as other properties along Chinden Boulevard have approved access at the half mile consistent with the UDC. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds there is no undue hardship for the applicant to overcome because an existing collector street is adjacent to the north and east boundary of the site that parallel Chinden Boulevard. With the future construction of Black Cat Road, there will be another point of access to Chinden Boulevard consistent with the UDC 11-3H-4. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds granting the access variance to Chinden Boulevard would not be detrimental to the public health, safety and welfare of the community if the access is constructed to ITD standards. ADA COUNTY RECORDER Christopher D. Rich 2017-089823 BOISE IDAHO Pgs=30 BONNIE OBERBILLIG 09/22/2017 01:37 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Stor-It Self Storage LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this i day of ��, -, 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 Stor-It Self Storage LLC, whose address is PO Box 140337, Boise, Idaho 83714, hereinafter called OWNER/ 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 § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer made a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 11.86 acres of land from the RUT zoning district in Ada County to the I -L (Light Industrial) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of DEVELOPMENT AGREEMENT—STOR-IT SELF STORAGE (H-2017-0071) PAGE 1 OF 8 government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 8'h day of August, 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 annexation and zoning; 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 designations 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 Stor-It Self Storage LLC, whose address is PO Box 140337, Boise, Idaho 83714, the party that owns and is developing said Property and shall include any subsequent owner(s)/developers of the Property. DEVELOPMENT AGREEMENT-STOR-IT SELF STORAGE (H-2017-0071) PAGE 2 OF 8 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Light Industrial District (I -L) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines in the City of Meridian Architectural Standards Manual (or any updated versions thereof). b. Any future development of this site must comply with the City of Meridian ordinances in effect at the time of development. c. The site shall develop with a self -storage facility and shall comply with the specific use standards as set forth in the UDC 11-4-3-33 and 11-4-3-34. 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 DEVELOPMENT AGREEMENT -STOR-IT SELF STORAGE (H-2017-0071) PAGE 3 OF 8 allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 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 annexation and 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. DEVELOPMENT AGREEMENT-STOR-IT SELF STORAGE (H-2017-0071) PAGE 4 OF 8 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: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Stor-It Self Storage LLC PO Box 140337 Boise, ID 83714 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 DEVELOPMENT AGREEMENT -STOR-IT SELF STORAGE (H-2017-0071) PAGE 5 OF 8 Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing 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; acknowledgements, signatures, and Exhibits A and B follow] DEVELOPMENT AGREEMENT -STOR-IT SELF STORAGE (H-2017-0071) PAGE 6 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: STOR-ITSELF STORAGE LLC, an Idaho limited liability company By: AVEST LIMITED PARTNERSHIP, Member of Stor-It Self Storage LLC By- ALLEN M- , ESTMENT CORPORATION, General Partner of Avest Limited Partnershi By: Roger A"56, ftre i ent of Allen Investment Corporation CITY OF MERIDIAN ,TED oJ,\7 of O W Mayor Talx// de Weerd \x '°" 10 Tar \� SEAL STATE OF IDAHO ) ss: County of Ada, ) ATTEST: Clerk On this Lj� day ofire; , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Roger H. Allen, known or identified to me to be the President of Allen Investment Corporation, the General Partner of Avest Limited Partnership, Member of Stor-It Self Storage LLC and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ (SEAL) �,® Q -s( LA &j' /er e`er e.7+ror +rr rl,i'/� '� �✓ Jff e1 •- ` I d AUBL\G :' (P ®� l� rrrrbro0a �v Off' 0'P< Notary Public for Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT-STOR-IT SELF STORAGE (H-2017-0071) PAGE 7 OF 8 STATE OF IDAHO ) ss County of Ada ) On this - day of QJ� , 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. 00w r. (SEAL) ,� Notary Public for Idaho Residing at: nJyj j., p�, Commission expires: 3b V DEVELOPMENT AGREEMENT-STOR-IT SELF STORAGE (H-2017-0071) PAGE 8 OF 8 1,egal Description and Exhibit Map March 27, 2017 EXHIBIT A PARCEL. A �S- LJ STOR-1T SELF STORAGE LLC Quadrant Consulting, Inc. A parcel of land situated in a portion of the North 112 of the Southeast 1/4 of Section 34, Township 4 North, Range 1 West, Bolsa Meridian, Ada County, Idaho, is more particularly described as follows: Commencing at the East 114 corner of said Section 34, thence South 0' 53'04" West 660.91 feet along the East line of said Section 34 to a point, thence leaving said East line North 89' 14'441 West 425.10 feet to a point being the POINT OF BEGINNING; thence continuing North 890 14'44' West 898,43 feet; thence North 01' 12'32' East 102.60 feet; thence North 8B° 02' 56" West 91.14 feet; thence 98.58 feet along a curve to the left, said curve having a radius of 200.00 feet a delta angle of 28' 14'29" and a chord bearing and distance of North 40' 47'47" West 97.59 feet; thence North 54' 55' 01" West 98.65 feet; thence 27.70 feet along a curve to the right, said curve having a radius of 140.00 feet, a delta angle of 11' 20' 00" and a chord bearing and distance of North 49' 15' 01' West 27.65; feet; thence North 43' 35'01 " West 154.36 feet; thence 148.55 feet along a curve to the left, said curve having a radius of 583.00 feet a delta angle of 14' 36'00" and a chord bearing and distance of North 50' 53'01" West 148.15 feet; thence North 58' 11'01" West 138.17 feet; thence 14.21 feet along a curve to the right, said curve having a radius of 20.00 feet a delta angle of 40' 43'00" and a chord bearing and distance of North 37149' 31" West 13.91 feet; thence North 17' 28'01" West 130.82 feet; thence AL LANA South 89' 16'49" East 650.94 feet; thence SRF South 0' 48'42" 'Nest 328.00 feet; thence South 89' 16'49" East 881.88 feet; thence a South 1' 55' 56" East 333.01 feet; to the POINT OF BEGINNING; 9 ;3/27/7OI�r� -h- t, lF F)p OF � Said parcel contains 11.860 acres, more or less W. LON3 1904 Wes! O'fedand Road , Rolsro. I[) 83705 - Phone (20a) 342•CO91 , Fax (208) 342.0092 • Inlemel: guedmay6) uadranl�cc Civil Engineering - Surveying EXHIBIT A - Page 1 of 1 Scor-lt Self Storage — AZ EXHIBIT A @RAS Pic flit A rm K s Ir Xn mr Y _ $w R n 9 sanw u■ Z w p O �zon� y i z.a lz tiQ �q a > ^ �1' rpt 411 S y RI rl Y' al 4k U) As J� r,m + I �I F1 r 1 � � I +ui 1 I � " xcxw m+ uu Xaw F � u $ og C. g o a. g q? E p � Nr+ 9 OL Ma w 101. y s Y 4i A } x' do GA�R5 O ~ r -t f� Star -It Self Storage — AZ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0071 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 11.86 Acres of Land with an I-L Zoning District for Stor-It Self Storage, by Stor-It Self Storage LLP. Case No(s). H-2017-0071 For the City Council Hearing Date of: July 25, 2017 (Findings on August 8th, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 25, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 25, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 25, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 25, 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 25, 2017, incorporated by reference. The conditions are concluded to be EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0071 - 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 & zoning is hereby approved with the requirement of a development agreement with the provisions noted in the Staff Report for the hearing date of July 25, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. 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 25, 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 MIL,AM MAYOR TAMMY de WEERD TIE BREAKER) Attest: Jay Col ity Clerk Mayor Tamm eerd QpjeD AUG G0 Z City of IDIAN* -- bk(E, IDAHO SEAL day of AL) , VOTED /CA VOTED YCot VOTED `A VOTED / e4 VOTED y(ti VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C •Gf / [DA! Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0071 -3 - EXHIBIT A Stor-It Self Storage – AZ PAGE 1 STAFF REPORT Hearing Date: June 22, 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-2017-0071 – Stor-It Self Storage at Ten Mile – AZ 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Stor-It Self Storage, LLP has submitted an application for annexation and zoning (AZ) of 11.86 acres of land with an I-L zoning district for Stor-It Self Storage. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 22, 2017. At the public hearing, the Commission moved recommend approval of the project. a. Summary of Commission Public Hearing: i. In favor: Craig Callaham 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 issue(s) of Public Testimony: i. None c. Discussion by Commission: i. Whether or not an emergency access is going to be required through the parcel for the adjacent business. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on July 25, 2017. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Joann Butler ii. In opposition: None iii. Commenting: Karoly Foldesi, Virginia Donosa, Craig Callaham iv. Written testimony: Craig Callaham (applicant) v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None EXHIBIT A Stor-It Self Storage – AZ PAGE 2 b. Key issue(s) of Public Testimony: i. Fencing around the proposed facility ii. Location of access and emergency access c. Key Issues of Discussion by Council: i. Staff’s requirement to provide emergency access for the Citadel Storage facility to the north d. Key Council Changes to Staff/Commission Recommendation i. Remove condition 1.1.1C 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2017-0071 as presented in staff report for the hearing date of June 22, 2017 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2017-0071 as presented in staff report for the hearing date of June 22, 2017 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2017-0071 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3735 N. Ten Mile Road (Parcel # S0434417410) The site is located in the SE ¼ of Section 34, Township 4N., Range 1W. b. Owner/Applicant: Stor-It Self Storage, LLP P.O. Box 140338 Boise, ID 83714 c. Representative: Craig Callaham, Quadrant Consulting 1904 W. Overland Road Boise, ID 83705 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for annexation and zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: June 2, 2017 c. Radius notices mailed to properties within 300 feet on: May 25, 2017 d. Applicant posted notice on site by: June 11, 2017 6. LAND USE EXHIBIT A Stor-It Self Storage – AZ PAGE 3 a. Existing Land Use(s): The subject property consists of rural residential land; zoned RUT in Ada County. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: North: Industrial property, zoned I-L East: N. Ten Mile Road and single-family homes in the Isola Creek Subdivision, zoned R-4 South: Industrial (Existing Stor-It Self Storage) property, zoned I-L West: City of Meridian Wastewater Facility, Zoned I-L c. History of Previous Actions: Prior to submitting an application to the city, the applicant processed a property boundary adjustment through Ada County and removed the 35 foot strip of property from their parcel. This property now has no street frontage ontyo Ten Mile Road. d. Utilities: 1. Public Works: Location of sewer: This proposal does not require sewer service. Location of water: A water main intended to provide service to the subject site currently exists in two locations along the south boundary, and another connection is currently being installed along the north boundary in the Citadel Storage Facility. Issues or concerns: Applicant shall be required to make water connections with each of the available sources, as well as stub a water main to the north boundary in the western portion of the facility. e. Physical Features: 1. Canals/Ditches Irrigation: The Creason Laterals runs adjacent to the west side of the property. 2. Hazards: Staff is unaware of any hazards that may exist on the site. 3. Flood Plain: This property is not within the floodplain overlay district. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Mixed Use – Non Residential (MU-NR) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of this designation is to set-aside areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example, MU-NR areas are used near the City’s waste water treatment plant and where there are mining, heavy industrial or other hazardous operations. The City envisions a wide variety of non-residential land uses may occur in MU-NR areas. Employment opportunities, professional offices, warehousing, flex buildings, and storage uses as well as retail uses are envisioned. Developments are encouraged to be designed similar to the conceptual MU-NR plan depicted in Figure 3-6. See pages 31-32 in the Comprehensive Plan for more information. In reviewing development applications, the following items will be considered in MU-NR areas: No new residential uses will be permitted (existing residential will be allowed to remain and expand accessory structures). Development is not required to comply with the items listed for development in all Mixed Use areas. All developments should have a mix of at least two types of land uses. EXHIBIT A Stor-It Self Storage – AZ PAGE 4 Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged. In developments where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. A transitional use is encouraged on the perimeter of the MU-NR areas between any existing or planned residential development. Community facilities such as a hospital, school, park, daycare, civic building or public safety facilities are encouraged in larger developments. All retail and service commercial components of projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. Street sections consistent with the Ada County Highway District Master Street Maps are required within the Unified Development Code. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, food service/restaurants, industry or warehouse uses. Sample uses, appropriate in MU-NR areas would include: employment centers, professional offices, flex buildings, warehousing, industry, storage facilities and retail, and other appropriate non-residential uses. Appropriate zoning districts include: C-G, C-C, L-O, I-L and I-H. The applicant proposes to annex the site with an I-L zoning district which is an appropriate zoning district for an MU-NR designated area. The site is proposed to develop with a self-service storage facility which is also consistent with the list of sample uses. If approved, this project would be an expansion of the existing Stor-It facility immediately to the south. This project is a single use, but part of a larger MU-NR area that surrounds the Wastewater Treatment Plant, so staff does envision a mix of uses developing in the area. There is a mix of commercial near the intersection of Ustick and Ten Mile Roads and across the street will be a park and future single family homes. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): EXHIBIT A Stor-It Self Storage – AZ PAGE 5 Plan for a variety of commercial and retail opportunities within the Impact Area.” (3.05.01J) With the increase of residential units in the area, the proposed storage facility will contribute to the variety of uses in the northern part of the city and will provide a needed service for nearby residents. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is contiguous to annexed parcels and city services are available. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the conditions of approval in this report. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Unified Development Code (UDC) Table 11-2C-2 lists the principal permitted, accessory, conditional, and prohibited uses in the I-L zoning district. The proposed self-service storage is a principally permitted use in the I-L zoning district; compliance with the specific use standards listed in UDC 11-4-3-34 for the use is also required. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2C-3 for the proposed I-L zoning district. D. Landscaping: Per UDC 11-3B-9, a 25-foot ;landscape buffer is required adjacent to the County residence just east of the project. E. Off-Street Parking: As proposed, there is no off-street parking required or proposed for this project. F. Self-Service Uses: UDC 11-3A-16 lists the specific requirements for self-service uses (see section 9 below for further analysis). G. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. AZ: The applicant requests annexation and zoning of 11.860 acres of land with an I-L zoning district, consistent with the MU-NR land use designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. 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 EXHIBIT A Stor-It Self Storage – AZ PAGE 6 application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. The applicant proposes to develop a self-service storage facility on the site consisting of the following: 1. Storage Building units varying in size from 5’ X 5’ to 38’ X 52’ totaling 257,874 square feet. The applicant proposes to construct the facility in two phases, with approximately 139,089 square feet of storage in the first phase, and 118,785 square feet in the second phase. Self-Service Storage Facilities: The specific use standards for the self-service storage facility listed in UDC 11-4-3-34 apply to development of this site as follows: A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self - service storage facility is specifically prohibited. The applicant must comply with this requirement. B. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Section 11-3E temporary use requirements of this Title. The applicant must comply with this requirement. C. The distance between structures shall be a minimum of twenty-five feet (25’). The distance between all of the buildings meets or exceeds the 25-foot distance requirement. D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. This property has no street frontage. E. If abutting a residential district, the facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. The site abuts a residential use directly to the east adjacent to Ten Mile Road. F. A minimum twenty five foot (25’) wide landscape buffer shall be provided where the facility abuts a residential use, unless a greater buffer width is required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9C of this title. Not applicable. The site does not abut a residential use. G. If the use is unattended, the standards in accord with Section 11-3A-16 self-service uses of this Title shall also apply. (See standards from UDC 11-3A-16 below). H. The facility shall have a second means of access for emergency purposes. A secondary access exists out to N. Ten Mile Road, along the eastern boundary of the site just north of the main entrance. The existing access was constructed with the existing Stor-It facility that abuts the project site immediately to the south. I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. The applicant shall comply with this requirement. EXHIBIT A Stor-It Self Storage – AZ PAGE 7 J. The site shall not be used as vehicle wrecking or junkyard as herein defined. The applicant shall comply with this requirement. K. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000’) from a hospital. The applicant is not proposing to store any hazardous material on the site. The applicant shall comply with this requirement. Self-Service Uses: The proposed use of the property is for a self-service storage facility. UDC 11-3A-16 requires all unattended self-service uses to comply with the following requirements: A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low-impact security lighting. There is an existing entrance to the facility with the previously approved section of the storage facility. No new entrance is proposed. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. This standard is not applicable. C. Landscape shrubbery shall be limited to no more than three feet (3’) in height between entrances and financial transaction areas and the public street. This standard is not applicable. Site Plan: A site plan was submitted, included in Exhibit A.2 that depicts a storage facility. The design of the site should comply with the design review standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Landscaping: A landscape plan was not submitted with this application. There is a 25-foot landscape buffer required adjacent to the single family home that is adjacent to the east side of this property. Parking: As proposed, there is no parking required for the project. Parking isn’t required for storage facilities because the trips are usually quick, and there is sufficient blacktop area to accommodate parking as needed. Industrial Zoning: All buildings in the I-L zoning district are required to be set back 35 feet from the street per UDC 11-2C-3. Access: Direct access to N. Ten Mile Road is not proposed for this section of the storage facility. As mentioned above, this will be an expansion of the existing Stor-It facility to the south, so no new access is proposed or required. Utilities: Sanitary sewer service to the proposed development will only be needed for the manager’s office adjacent to N. Ten Mile Road, and therefore no new mainlines will be needed. Though sewer is not required for this portion of the Stor-It facility, water is required. The property to the north was recently approved as a self-storage facility, and with that, staff required that applicant to stub water to the south property line. The applicant will need to coordinate with that property owner and public works to construct water mains to and through the project from the existing mainline in N. Ten Mile Road. Emergency Access: The property to the north (Citadel Storage) was required to provide an emergency access in order to develop a portion of their site. With a public works condition to loop water through both developments, the applicant shall provide an emergency access and EXHIBIT A Stor-It Self Storage – AZ PAGE 8 utility easement from the cross-access and through the subject property out to N. Ten Mile Road. The applicant shall coordinate with the adjacent property owner (Parcel # S0434417200) and with the Public Works Department on the location of the required easements. Master Street Map: The master street map shows a future collector roadway crossing the property; however, staff received comments from ACHD stating that they have no concerns with the subject annexation. Building Elevations: Structures within the proposed development that are visible from the street or abutting properties are required to comply with the design review standards set forth in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Building materials for the proposed storage structures/wall around the perimeter of the development consist of ribbed metal walls and trim and metal roofing. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the self- service storage facility. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive Plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Concept Plan (dated: 04/04/2017) 3. Proposed Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code EXHIBIT A Stor-It Self Storage – AZ PAGE 20 A. Drawings 1. Vicinity/Zoning Map EXHIBIT A Stor-It Self Storage – AZ PAGE 21 2. Site Plan (dated: 04/04/2017) EXHIBIT A Stor-It Self Storage – AZ PAGE 22 3. Proposed Elevations EXHIBIT A Stor-It Self Storage – AZ PAGE 23 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. A Certificate of Zoning Compliance application will not be accepted until the ordinance and development agreement are recorded. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines in the City of Meridian Architectural Standards Manual (or any updated versions thereof). b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. c. The applicant shall provide an emergency access and utility easement (water connection noted in 2.1.1 below) from the required cross-access and through the subject property out to N. Ten Mile Road. The applicant shall coordinate with the adjacent property owner (Parcel # S0434417200) and with the Public Works Department on the location of the required easements. cd. The site shall develop with a self-storage facility and shall comply with the specific use standards as set forth in the UDC 11-4-3-33 and 11-4-3-34. 2. PUBLIC WORKS DEPARTMENT 2.1.1 A water main intended to provide service to the subject site currently exists in two locations along the south boundary, and another connection is currently being installed along the north boundary in the Citadel Storage Facility. Applicant shall be required to make water connections with each of the available sources, as well as stub a water main to the north boundary in the western portion of the facility. 2.1.2 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.1.3 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year -round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or EXHIBIT A Stor-It Self Storage – AZ PAGE 24 well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.1.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.1.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.1.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.1.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.1.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.1.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.1.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.14 All grading of the site shall be performed in conformance with MCC 11-1-4B 2.1.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.1.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.1.17 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.1.18 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental EXHIBIT A Stor-It Self Storage – AZ PAGE 25 Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.1.19 The City of Meridian requires that the owner post to the City a Warranty Surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 3.2 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.3 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. 3.4 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to this application. 6. REPUBLIC SERVICES 6.1 Republic Services has no comment on this application, 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACHD had no comments on this application. EXHIBIT A Stor-It Self Storage – AZ PAGE 26 C. Legal Description and Exhibit Map EXHIBIT A Stor-It Self Storage – AZ PAGE 27 EXHIBIT A Stor-It Self Storage – AZ PAGE 28 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Council finds the proposed annexation to I-L is consistent with the proposed MU-NR future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the I-L zoning district is consistent with the purpose statement of the industrial districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. However, the Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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). Per the above findings, The Council feels the proposed annexation is in the best interest of the City if the applicant enters into a DA with the City and develops the property as outlined in Exhibit B above. ADA COUNTY RECORDER Christopher D. Rich 2017-090760 BOISE IDAHO Pgs=15 BONNIE OBERBILLIG 09/26/2017 10:54 AM CITY OF MERIDIAN. IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES; 1, City of Meridian 2, Gibson Family Revocable Living Trust, Owner 3, Brian Porter, Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of ;eF`&/h 6er , 2017, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Gibson )Family Revocable Living Trust, ('OWNEW ), whose address is PO Box 88, Nows, Idaho 83656 and Brian Porter, {"DEVELOPER"), whose address is 3057 E. Red Tail Drive, Eagle, Idaho 83616. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on January 2, 2003 in the real property records of Ada County as Instrument No. 103012598 ("DEVELOPMENT AGREEMENT"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511, with regard to the property listed in Exhibit "A» NOW$ THEREFORE, in consideration of the covenants and conditions set forth herein, the, parties agree as follows, I , OWNER/DEVELOPER shall be bound by the terms of the Development Agreement as the properly listed in Exhibit "A", except as specifically amended to add the following; The Proposed Landreape Man, amached hereto as Exhibit "D" The Proposed Building Eleiwlions, allached hereto as Exhibil "C" 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 0007 ADDENDUM TO DEvrl,Ol',\,IEN7' AGRLENtLN'I' - GODDARD C RLL'K \,IDA It 2017= Page 1 ora 3. This Addendurn shall be binding upcln and insure to the benefit of the parties' respective he irs. successors, assigrts and personaI representatives, includirrg City's corporate authorities and tlreir successors in office. This Addendum shall [x binding on the Orvrrer/Developer of the Property, each sutrsequent olvrler and any other person(s) acquiring an interest in the Properly. Notlring herein shall in any lvay prevent sale or alicnation of tlre Property, or po$ions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or orvners shall be both benefited and bcund by the conditions and restrictions herein expressed. City agrecs, upon rvrittcn rcqucst of' Olvner/Developer, to execute appropriatc and recorclalrle evidence of terrnination of this Addendurn if City, in its sole and reasonable discretion, had determined that Olvne r/Developer have l'ully perflormed its obligations under this Addendunr. 4. If any provision of this Addendurn is held not valid by a court of cornpetent .iurisdictiorr, such provision shall be cleemecl to be excised fiom this Adclendunr and the invalidity thereof shall not affect arry of the other provisions contained here in. 5. This Addendum sets forth all pnorniscs, inducetnents, agreements, condition, and understandings betrveen Orvncr/Developer and City re [ative to the strbject rnatter herein, and there are no pronrises, agreernents, conditions or under-standing, cither oral or lvrittcrr, express or implied, betrveen Orvncr/Dcveloper and City, other than as are stated herein. Except as herein othcnvise provicled, no subsequent alteration, arnendment, change or addition to this Addendum shall be binding upon thc parties hercto unless reduced to u'riting and sigrted by thern or their successclrs in interest or their assigns, and pursuant, rvith respect to City, to a duly adoptecl ordirrance or resolutiorr of City. a. Except as herein provided, no condition govenring tlrc uscs and/or conditions governin-& clevclopmurt of the strbject Property herein provided lor can be rnodi{ied or arnended rvithin the approval of the City Council after the City has conclucted puhlic hearing(s) in accordance *,ith tlrc notice provisions provided for a zoning desi*anation and/or arnendment in force at the time of the proposed amendmcnt. 6. "l"ltis Adclendum shall hc el l-ective as of the clate herein ahove rvritten. 7. Except as anrended by the Addendum, all tenns of'the previous Agreenrerrts shall rernain in firll tbrce and eft'ect. i\DDI:nvDtlIIl1)Dl:VI:l.OPllLNl'ACRI:I;IIl:NI -UODI).\ltl-)CRt;liKIlD.tIl2017-00- Pagc 2 of4 0007 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Gibson Revocable Living Trust By- , DE ELOPER: Brian Porter CITY OF MERIDIAN 1�}�• ayor I I eerd TTES. AGQ�QoRATEitpDoAf VG it} Cole m0w Clerk Z E IDjAN,� SEAL 0007 ADDI NDUM TO DE -.10i'1n:NT AoRm'-,mENT - GODDARD CREEK MDA 112017M Page 3 of 4 STATE OF IDAHO : ss: County of Ada, On this -"t'day of S2��1 l rw6 2017, before nre, the undersigned, a Notary Public in and for said State, personally appeared ticres_t i (; (t�; �,� �'� {,{-� ( , knoNmi or identified to me to be ttic _r—Ae of Gibson Family Revocable Living Trust, and acknowledged to me that he executed the same on behalf of said Trust. IN WITNESS WHEREOF, I (rave hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL KARA L. FUL.CHER NOTARY PUBLIC STATE OF IDAHO C4c,I& r� S'I'A'rE OF-IBtk-HO ) County of Ada-, 9�) r ota yPublic for Idaho Residingat: , la Nly Commission Expires: E5 -17-c) 11 On this 'LA day of -'I , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Brian Porter, known or identified to me to be the person who signed above and acknowledged to me that Ire 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) v.+°tew MAW MCdPLIN IO NOTARY PUBLIC ®CAUFORNIA SACRAMENTO COUNTY Corm. EVites JULY 6, 2021 Y: N.' o'L'B.Vdb4`tT °JnM1f.RM.W.W.1PJ': d..": l: STATE OF IDAHO County of Ada A/1/1-- Notary Public for4dahn-C- G j Residing at: F�ht=k �f` l '� u My Commission Expires: On this __ day of 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Nlayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf ofsaid City, and acknowledged to me that such City executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: _ ADDENDUN-1 "1'0 DLVEt.OP\N1EV1T AGRfiP;NfFN1'- GODDARD C12tiP.K MDA if 2017-0032 Page 4 of 4 STATE OF IDAHO ) ss: County of Ada, ) On this ��'day of t' t�w,b�• , 2017, before me, lthe undersigned, a Notary Public in and forsaid State, personally appeared Ua�tk Q-, �p±lssm t�htSTtQ , known oridentified to me to be the kS� _ of Gibson Family Revocable Living Trust, and acknowledged to me that he executed the same on behalf of said Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above Nwitten. fM�d�t9'��h�'�N��► {SEAT, KARA L. FULCHER NOTARY PUBLIC STATE OF IDAHO + STATE OF IDAHO ss: County of Ada, ) ota Public for I aho Residing at: My Commission Expires: I -o1O11 On this _ day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Brian Porter, known or identified to me to be the person who signed above 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) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ss County of Ada ) On this Lt, day of Qom, 2017, before nue, a Notary Public, personally appeared Tammy de \Weerd and CA., Col s, 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 on behalfofsaid City, and acknowledged to me that such City executed the sante. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first�� (SEAL) N -Notary Pub is for Idaho CZesiding at:It - i Connnission expires: -a2 �0007 ADDEND0Al'l )lw GODDARD CREEK (NIDA H 2017= � Its° Page 4 of 4 Elite * EXHIBIT A Property Description EI r'Er EruGrhrEEFr=' COI\SUI.TiNG F ilGINE E HS, SURVEYORS AND TI ANTE q 5 33? N BROADTdCRE W,\Y SUITE 1Oi NAMPA iOAilS S3fSl 234 442-63C0 r i/Jt ?CS 4C6 C€4a Prujett:160210 l)ate: .lrurrmr)' 06, 2017 Pirgc: I ol'? EXHTBIT 'A-T' COMil{ERCTAL RE-ZONE MCMILLIAN STOfrAG E UNITS r\ parccl of land. for thc purposc trl'rc-z.oning. situatcd in a porliorr of thc Slil/4 of the SWI/.1of Section 26, Tou'nship 4 North, Itangc I West, l]oise Meridian, City ot'Mcridian, Ada Courrty. ldaho. ntolc partieularly dcscribed as fcrllorvs: COMMDNCING at an nluminurrr cap nronurrrctrt nrarking the southu'est conrer of said Scction ?6. lronr rvhich a brass cap mor)r.rnrent marking the southcast comcr of thc SWli4 of saitl Seclion 26 bcars 588058'46"1:. n distancc of 2602.80 fect; thcncc along thc soruh linc of said Scction 26, 588058'46"1i a distnnce of I 301 .20 t'cet to n 518-inch rcbar urarkilrg thc south*esl (onrcr of said .SI'.1/4 ol'thc SWI/4 (Wlll6 comer) and nrarking thc P{}INT OF BEGINNIN(II l) l'hence leaving $aid soLrth linc along thc wcst linc of said Stil/4 of thc SWI/,1, N00"29'27"0 a distancc of 45.l2 fcct to a point mnrking thc srrutheast conlcr of thc r\ntertdcd lllat of Veronr Subdivision No. 4, as rccordcd irr thc official records of Ada Courrty, in Plat llook l0?. at pngcs 13476 through l3477; 2) 'l'hcrtcc along thc rasl linc o[said Amended Veronn Subdivision No. 4, N00o29'27"1:. a distance of 428.25 li:cl lo a 5/8-itrch rcbar marking thc conlcr comnlon to said cast line aurl tlw strulhrvesl conlrr of the Selrvay Apadnreilts Sutrdivision, rccordcd in the oflicial rccords ol'Ada County, in lllat llook 102, at p{rgcs I 3575 tlrough I1578; 3) I'hcncc leaving said east linc and along the south line of said Selway Aparlntcrrts Sulxlivision. S88"58'36"H a distarrcc of 681.21 fect to a point; 4) Thcrtcc lcavirtg said south !irrc S0l "01 '14"W a distancc ol'471.3 I fcel to a froirrt oil said south line of SEI/4 of the SWI/4; 5) 'lhcttcc' along said soutlr line NEE"58'46"W a distarrcc ol'676.84 lbet to thc P()IN'f OF BEGINNII\G. Saitl parccl contaittirtg 7.38 acrcs or 321 .403 square feet, nrorc or less, aud is subject to all e.t i sti ng e:rserrrenls and/or ri ghts-o f-rvay ol' rccor d or i nrpl ied. Mlil{ll)lAN r C()UIJIt d'Al.}:Nli r NAMI}A t.:\ I 601 I O'5tl--Surveyr.f)f, SCR I PTIONS Sl-*i3r Goddard Creek - MDA H-2017-0007 EXHIBIT B Proposed LandscaPq Ilgl Illrl:!$\i.r F.l -?fJI_I0![c(lDrr.\&s g![g[! UgDII$lo]i r Farrr\d [r{ rltl !t i.$ a dtrti }{n!l a v{[rtu lrl]r'-s {r}aL\9trralt.l {lt. ,s'- ff Iffi Gdr . -IE-{t EETH g +*--aE- L'J ,,:$i3 i i lir! iii;itn t;, Ir ! t: r liir, Ei'ii zo >t "6eiEF ,6>lrE:l:fLsrtr*{ur5 ug>al,'lEo=-.{={tfO'4OEoIJ $E!'!l F { Goddard Creek -MDA H-2017-0007 EXHIBIT C Proposed Building Elevations and Floor Plans 2 U l.UAIArJrl l\1lY Goddard Creek - MDA - H-201I-0007 ilTU EXHIBIT C Proposed Building Elevations and Floor Plans Storage Unit Elevations 'rl 2 rl ()1.,1. lt'lA ?rrr - 1 1 '-t. .- 3 {. Cqfi lA}lA ltAY . l. I ..* ,t .l* 1 !qfY,'{Y rInFr[r[lrl I f Stlr,lrr lPAqTrteJ.l! ccilr Goddard Creek - MDA * H-2017-0007 I S ttty (r,&r,nllnfi $ttlt.t ttl*lrlt EXHIBIT C Proposed Building Elevations and Floor Plans Storage Unit Elevations 1 v? r{cI}ttrf{rr0l0 2U#(rnLlili ftoADcolrr --r 3|J-SQDATELG8t'ttlsh! . ':'. L:J i : i-*-: -l . . I l::i --r- ' ". ---:'' -'"'3 .-: -'---r " t 1 N COOOARDCREEXWAY.2 i,.l I I + Goddard Creek - MDA - H-2017-0007 EXHIBIT A Property Description Goddard Creek – MDA H-2017-0007 EXHIBIT B Proposed Landscape Plan Goddard Creek –MDA H-2017-0007 EXHIBIT C Proposed Building Elevations and Floor Plans Goddard Creek – MDA – H-2017-0007 EXHIBIT C Proposed Building Elevations and Floor Plans Goddard Creek – MDA – H-2017-0007 EXHIBIT C Proposed Building Elevations and Floor Plans Goddard Creek – MDA – H-2017-0007 ADDENDUM E to PROFESSIONAL SERVICES AGREEMENT FOR ANIMAL CONTROL SERVICES AND DOG LICENSING BETWEEN THE CITY OF MERIDIAN AND THE IDAHO HUMANE SOCIETY This Addendum E to the Professional Service Agreement for Animal Control Services and Dog Licensing Between the City of Meridian and the Idaho Humane Society is made this day of September, 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and the Idaho Humane Society, Inc., a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "IHS"). WHEREAS, City and IHS entered into a Professional Service Agreement for Anurlal Control Services and Dog Licensing Between the City of Meridian and the Idaho Humane Society on September 24, 2013 ("September 24, 2013 Agreement"); WHEREAS, IHS has analyzed animal control services needed within Meridian, and requests payment commensurate with the level of services to be provided; WHEREAS, City finds that 11 -IS has the necessary qualifications and capabilities to continue to provide a full range of animal control services to the Meridian community, to protect the community's health and welfare, and to assure that the animals are maintained consistent with the provisions of City Code; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 1. TL'RM. The term of the September 24, 2013 Agreement shall be extended to cover the period beginning the Ist day of October, 2017, through the 30th day of September, 2018. 11, COMPENSATION. City agrees to pay ITIS for animal control services provided within Meridian City limits during the Agreement term, as extended by this Addendum, in an amount not to exceed $381,132.00. Such amount shall be payable in twelve equal installments. City shall pay IHS monthly for services rendered in the previous month. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to IHS udder the terms and conditions of this Agreement; payment of all taxes and other assessments on such sums shall be the sole responsibility of ITIS. ADIWNDUNI E+ i,o SEvrEMBER 24, 2013 PROFESSIONAL SLRVICEs AGREEMENT WIT1-1 IHS FOR ANIMAL CONTROL AND DOG LICENSING SLRVICES PAGE 1 Of 2 111. Sia va,.mim 24, 2013 AGRriEi Aumr FULLY IN EVFECT. The intent and effect of this Addendum is to extend the term and increase the payment amount for services provided by 114S as set forth in the September 24, 2013 Agreement. Except as expressly set Bollh herein, this Addendum does not otherwise modify or alter any term or condition of the September 24, 2013 Agreement in any way. The September 24, 2013 Agreement remains in full effect, and all terms and conditions thereof are incorporated in this Addendum as though fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of September, 2017. IDAHO HUMANE SOCIETY, INC.: Jeff RoseMithal,'DW Chief Executive Officer CITY OF AIE RIDIAN: AUaL� Q %� Cily of La E IDIAN BY:IDAHO r �i�y do W SEA aminy do d fWay Ofthe TRS Attest; C.t ay Coles, ty cleric ADDENDUM B TO SEVIT.MBEIt 24, 2013 Pitor.fissiONAJ, Snvicus AoREEIVILNT WITH 1115 FOR ANIMAL CONTROL AND DOG LICENSINGSERV103S PAGE 2 of-') PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this 11 day of Jae, 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Stephanie Anderson ("Contractor"), an individual person and parent or legal guardian of Tabatha Anderson, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS, representatives of the Meridian Arts Commission ("MAC") selected a piece of art created by Artist entitled Good v Evil, depicted in Exhibit A hereto, which was displayed at the 2017 West Ada School District Student Art Show, to win the "Community Art Award," MAC recommended to Meridian City Council that such artwork ("Artwork") become an installation as part of the Project and the Meridian City Council accepts MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE 1 of 4 PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX WRAP PAGE 2 of 4 including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist’s parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City’s sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City’s or other applicable agency’s sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City’s publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the. entire.understanding between the parties, This Agreement supersedes any and all statements, promises; or inducements made by either party; or agents of either party; whether oral or written. The terms of this Agreement inay not be enlarged, modified or altered'except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws ofthe State of Idaho shall govern the validity, interpre$ation, performance and, e,nfoicement,of this Agreement, Venue shall be in the' courts of Ada County, Idaho. K Severability—If any -provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid; or unenforceable, the remainder of this Agreement shall -not be affected, G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall* inure to the benefit of, and shall be binding upon, each party and their successors, assigns,. legal.represeirtatives, heirs, executors, acid administrators: H. Advice -of attorney. Each party warrants -.and r6presents,that, in executing this Agreenwnt, it has 'received independent legal advice from its. attorneys or the -opportunity,to seek such advice, I. Compliance with law. Contractor and. Artist shall comply with any. and all applicable federal, state, and local laws, J. City Council approval required. The validity of -this Agreement shall be. expressly conditioned upon City Council action approving the Agreement, Execution of this Agreement by the persons referenced below prior to.such ratification or approval shall not be'constrtied as proof of validity in the absence of Meridian City Council approval. IN WIT.N'ESS YaMRE( OF, the parties hereto Have executed this; Agreeir�ent on the Effective Date Frst-writtett above, CONTACTOR.: t45- Ainderson Parent or Guardian of Tabatha Anderson CITY OF ME a�eo Taa AUG BY: uv of AttE3S Tammy d eefd, Mayor E IDIAN�_ IDAHO m SEAL ARTIST: Tabatha Anderson . S. C a,y Cotes; ty Clerk PROFESSIONAL SISRVICES AOEEMENT--UTILITi' $QY, WRAP PAGE 3 Ofd PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX WRAP PAGE 4 of 4 EXHIBIT A TABATHA ANDERSON ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the Iq day oft, 2017 (`Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Daniel and Shirley Schoger, individual persons ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage at expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on November 3, 2017, at such time as is specified by the Commissions & Committees Specialist. Artist shall be responsible for hanging such artwork on November 3, 2017, at the direction of the Commissions & Committees Specialist; shall allow the display of such work in Initial Point Gallery from November 3, 2017 through November 30, 2017, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 1, 2017, at such time as is specified by the Commissions & Committees Specialist. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Commissions & Committees Specialist, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that At voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Commissions & Committees Specialist prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between September 3, 2017 and October 3, 2017 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Commissions & Committees Specialist and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B. as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Commissions & Committees Specialist or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Commissions & Committees Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Commissions & Committees Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Commissions & Committees Specialist the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Commissions & Committees Specialist. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 3 C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Parry willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Parry shall have the right to terminate the Agreement by providing written notice to the defaulting parry of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4 B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: Daniel and Shirley Schoger 2800 N. Bogus Basin Road #C104 Boise ID 83702 City Hillary Bodnar Commissions & Committees Specialist 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Daniel Seh'(1onjger A.—O Shirley Scho CITY OF MERIDIAN: BY: Tammy de rd, Mayor o �QORATEO OAvcG G S� \� C f l'p ur o jD W m � jAN� SEAL Attest: y Coley, City Clerk ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7 Meridian 1 Commission Call for Artists: 2017 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2017 initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hatt (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides about 100 feet of total wall space for hanging two-dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20`; of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. Ito artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be e'raluated for its compliance with these general requirements. Selectees wilt be required to pay a $35 gallery maintenance fee and enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. • Completed, signed Application 13 Acknowledgements form; • Letter of intent, including biography of the artist(s) or informational statement regarding organization; • 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); and • Five (5) digital images representational of the works proposed for display (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee, upon acceptance. (nonrefundable) Details and forms are available at the City's website, http://ww%v.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted wilt not be returned. DEADLINE: To be considered, all proposals must be received by MAC by 5:00 p.m. on Friday, October 7, 2016. SELECTION PROCESS: The selection of art for the 2017 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by email. In evaluating eligible proposals, the following factors wilt be considered: • Proposal's adherence to the Call for Artists; • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Halt. RESOURCES PROVIDED UPON SELECTION: Following selection, selectee, will be required to pay a $35 gallery maintenance fee and enter into an Acceptance Agreement with the City setting forth specific conditions of display. The City of Meridian will pro%gde selected artists/ organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: mac@meridiancity.org ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 8 ]EHIERT B ACI,NoWLEDGMENTS FORM ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 ACKNOWLEDGMENTS: 0 We, D ovLZO and hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Irlitibi Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. We specifically acknowledge that: VIS. A. Before my work wilt be displayed in Initial Point Gallery, i will be required to pay a S35 gallery maintenance fee via cash, check, or money order, enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. 1: � "� B. if my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will ''°'T''" exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and wit[ not assume liability for any loss or damage, lou C. Any insurance of the artwork displayed In Initial Point Gallery shall be the sole responsibility of the iainai artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial point Gallery may be passively offered for sale by means of an TFUnZ7 informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to three - H1 -1 A6 month period, this period may be shortened by the City of Meridian for any reason, without natice to the artist or organization. F. The City may display the warts of more than one artist or organization in Initial taint Galirry at any '"'"X` time, at the City's sole discretion, C. Artwork submitted for display in Initial Point Gallery must be original works conceived and created i' by the artist (or by artist members of the organization or group) submitting this application. H. The opening night reception is scheduled by MAC; though a table and minimal staff/volunteer support i�� will be provided, I understand that I am the host and as such will be primarily responsible for any and all reception invitations, publicity, refreshments, music, set up, tear -down, and clean-up. O I. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The I ` City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hatt is a place whencitizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terns get forth In the Acceptance Agreement shatt be displayed in initial Point Gallery, I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. �l Signature: a y " _r _ name: lt: Lk4e_. I. p e, Signature: _ 1e— Print name; Date: To propose an exhibition in Initial Point Gallery, please submit this Application and Acknowledgements form, completed in full, with the required materials, via e-mail to; mac@meridiancity.org Thank you for your lnterestl F MeridSUn Ca,ninis3ioh ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 9 --------------- �. S tv\ Q) �l ) ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9 FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORWORKS BOISE FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORWORKS BOISE FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS is entered into this --(q day of September, 2017 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and NeighborWorks Boise, a non-profit corporation established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, on March 1, 2017, City and Subrecipient entered into a Subrecipient Agreement BetN)een City of Meridian and Neighbor Works Boise for PY 2016 Community Development Block Grant Funds ("March 1, 2017 Agreement"), a cooperative agreement for the investment of Community Development Block Grant ("CDBG") funds from Program Year 2016 (PY16); and WHEREAS, Subrecipient needs more time to complete the activities funded by CDBG funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties contained herein and in the March 1, 2017 Agreement, the Parties agree as follows: I. Provision modified — Time of performance. Section I.F of the March 1, 2017 Agreement shall be amended to read as follows: F. Time of Performance. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on March 31, 2018, unless earlier terminated or mutually extended by separate written agreement. IL Provision modified — Draw Requests. Section II.C.5 of the March 1, 2017 Agreement shall be amended to read as follows: C. Draw Requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $30,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted as needed, but no more than one per month and in coordination with the CDBG Administrator. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than March 15, 2018 unless otherwise agreed in writing. III.A11 other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the March 1, 2017 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the March 1, 2017 Agreement or this First Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. FIRST AMENDMENT TO PY16 SUBRECIPIENT AGREEMENT-NEIGI-IBORWORKS BOISE PAGE I OF 2 SUBRECIPIENT: NeighborWorks Boise By: Bud Compher; CEO CITY: City of Meridian FIRST AMENDMENTTO PY 16 SUBRECIIIIENT AGREEMENT -- NEIGHBORWow Bom PAGE 2 OF 2 FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR PY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR PY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS is entered into this j day of September, 2017 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Ada County Housing Authority, a non-profit corporation established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, on May 10, 2016, City and Subrecipient entered into a Subrecipient Agreement Between City of Meridian and Ada County Housing Authority for PY201 S Community Del,elopment Block Grant Funds ("May 10, 2016 Agreement"), a cooperative agreement for the investment of Community Development Block Grant ("CDBG") funds from Program Year 2015 (PY15); and WHEREAS, Subrecipient needs more time to complete the activities funded by CDBG funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties contained herein and in the May 10, 2016 Agreement, the Parties agree as follows: I. Provision modified -- Time of performance. Section IX of the May 10, 2016 Agreement shall be amended to read as follows: F. Time of Performance. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on March 31, 2018, unless earlier terminated or mutually extended by separate written agreement. II. Provision modified -- Draw Requests. Section II.C.5 of the May 10, 2016 Agreement shall be amended to read as follows: C. Draw Requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $50,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted as needed, but no more than one per month and in coordination with the CDBG Administrator. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than March 15, 2018 unless otherwise agreed in writing. III. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the May 10, 2016 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the May 10, 2016 Agreement or this First Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. FIRST AMENDMENT TO PY15 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE I OF 2 SUBRECIPIENT: Ada County Housing Authority By: eanna Watson, Executive Director CITY: City 0f 77E l UCU Attest: Cily of o Z7 x w By: Tammy e Weerd, May E IOIAN * Z IDAHO SEAL / FIRST AMENDMENT TO PY15 SUBRBCIPILNT AGREEMENT --ADA COUNTY HOUSING AUTHORITY PAGE 2 OP 2 FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS is entered into this j day of September, 2017 by and between the City of Meridian, a municipal cozporation organized under the laws of the state of Idaho ("City") and Ada County Housing Authority, a nonprofit corporation established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, on March 1, 2017, City and Subrecipient entered into a Subrecipient Agreement Behveen City of Meridian and Ada County Housing Authority for PY 20.16 Community Development Block Grant Funds ("March 1, 2017 Agreement"), a cooperative agreement for the investment of Community Development Block Grant ("CDBG") funds from Program Year 2016 (PY16); and WHEREAS, Subrecipient needs more time to complete the activities funded by CDBG funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties contained herein and in the March 1, 2017 Agreement, the Parties agree as follows: I. Provision modified — Time of performance. Section IX of the March 1, 2017 Agreement shall be amended to read as follows: F. Time of Performance. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on March 31, 2018, unless earlier terminated or mutually extended by separate written agreement. II. Provision modified -- Drava Requests. Section II.C.5 of the March 1, 2017 Agreement shall be amended to read as follows: C. Draw Requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $30,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted as needed, but no more than one per month and in coordination with the CDBG Administrator. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than March 15, 2018 unless otherwise agreed in writing. III. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the March 1, 2017 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the March 1, 2017 Agreement or this First Amendment thereto. FIRST AMENDMENT TO PY16 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE I OF 2 IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Ada County Housing Authority By: Deanna Watson, Executive Director CITY: City of Meridian By. �alnlny e eerd, Mayon Attest: y Cole , y Clerk FIRST AMENDMENT TO PY 16 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 2 oP 2 CVE1 T NPublic H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Jared Hale Engineering Project Manager DATE: September 8, 2017 Mayor Tammy de Weerd City Council Memberts Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: INTERAGENCY AGREEMENT WITH ACRD FOR: WATER AND SEWER CONSTRUCTION ON PINE AVENUE BETWEEN MERIDIAN ROAD AND LOCUST GROVE ROAD ADA COUNTY HIGHWAY DISTRICT (ACRD) PROJECT 815025 AND CITY OF MERIDIAN PROJECT 10577 RECOMMENDED ACTION A.. Move to: 1. Approve the Interagency Agreement for Ada County Highway District (ACHD) Project 815025. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager (PM) 489-0370 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Dale Bolthouse, Director of Public Works 985-1257 III. DESCRIPTION A. Back rg ound The original sewer infrastructure in the downtown core is reaching the end of its useful life, and replacement and/or rehabilitation is needed to continue to provide reliable sewer service. Many of the older sewer lines are located in backyards of residences, some without permanent easements. These lines are very difficult to Page 1 of 3 access, clean, and maintain by the City's collection system staff. Where practical, these sewer lines are being relocated into the public right-of-way and the sewer services are re-routed from the backyard, around the home, and out to the street to connect to the new sewer main. The City identified a need to abandon the existing sewer and water mains that are in poor condition and replace them in Pine Avenue and along some of the side streets. Meridian is working in conjunction with ACHD for the design and construction of this project. B. Proposed Project ACHD will improve E. Pine Avenue between Meridian Road and Locust Grove Road. During construction, ACHD will have City of Meridian water and sewer improvements installed by their contractor. The water portion of the project will consist of installing 2,500 linear feet of 8" water main, 2,800 linear feet of 12" water main, and installing 10 fire hydrants. They will be installing 3,880 linear feet of 8" sewer main which will include 65 sewer service connections. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact: The costs of the City of Meridian infrastructure improvements are estimated to be $2,025,000 and will be funded from two different accounts as shown below. The actual costs will be presented to Council for approval following the bid opening for this project. Project Costs: Fiscal Year 2018 Account Code / Codes Water Line Replacements 3490-95000 $775,000 Sewer Line Replacements 3590-95000 $1,250,000 Total Funding 1 $2,025,000 Page 2 of 3 VI. TIME CONSTRAINTS ACHD plans to start construction on this project in November 2017. City approval of this agreement is required for ACHD to install sewer and water improvements as part of their project. VII. LIST OF ATTACHMENTS A. Interagency Agreement Approved for Council Agenda: f' Page 3 of 3 f ate INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/ WATER AND SEWER CONSTRUCTION ,_ PINE AVE, MERIDIAN RD /LOCUST GROVE RD ACHD PROJECT NO. 815025 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION�gTER AND S F� CONSTRUCTION ("Agreement") is made and entered into this Ii`� day of 1�F]/ 2017, 6y and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT' or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the "State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project no. 815025. RECITALS WHEREAS, ACHD is a single county -wide highway district, a public entity, organized and existing pursuant io Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rig Fats -of --way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Coda Titles 50, as amended and supplemented with jurisdiction, authorify and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may ( contract with any one or mora other public agencies to pertorm any govarnmantal service, activity or undertaking which each public agency entering into the contract is authorized by law to parto nn, provided that such contract is authorized by the governing body of each party and that such contract shall sat forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction projects known as PINE AVE, MERIDIAN RD / LOCUST GROVE RD ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including constructing water and sewer stubs and or services, adjusting water valve boxes and manholes to grade, and correcting potable / non- potabie spacing issues (collectively, "City Water and Sawar Improvements") as detailed in Project no. 815025, to be constructed pursuant to aseparately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT'); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water and Sawar improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Westar and Sewer Improvements within the Project Boundaries; Pages � of B NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Ba the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements refierenced herein, which CONTRACT shall include, inter a/ia, a pmvisFon that all work required for the City Wafer and Sewer Improvements shall be pertormed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT pr[or to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall ba subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the Cify Water and Sewer Improvements from the Project and if applicable, the rebidding of the Protect. d. Include in the CONTRACT, a term providing that MERDIAN will have the right to work directly with fhe Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements and that any such claims will ba reviewed, approved or d®Hied by MERDIAIN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT'S portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the CONTRACT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. Page 2 of B i. Provide the field survey and grade control necessary for construction of the roadway. �., Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, ousts or changed conditions, plan errors and omissions, and delays attributable to design andlor installation of the City Water and Sewer Improvements. 2. MERIDIAN SHALL: a_ Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated 6y DISTRICT. b. Provide DISTRICT with the special provisions ifi applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Speci£cations to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the data of any invoice referenced in paragraph 1.e. � F. or t.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT the construction costs attributable to the quantities of items that would have been required for MERIDIAN to patch and/or repave trenches in the roadway if the work was done outside of the ACHD Project. Costs will be calculated from the unit prices of the awarded bid. Design costs far the ACHD Project completed by MERIDIAN will be deducted from the reimbursement to DISTRICT. Exact items, quantities, and design costs will be agreed to by both parties. Pages 3 of H Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project admin(stration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the praconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. g. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. Tha prorated basis for the above items will be calculated using the percentage of MERI DIAN's project costs as they relate to the total project construction costs_ h. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one -foot (1') above the pipe zona to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every th rea (3) transverse tranches; provide all ra-testing required in any area that does not meet CONTRACT requirements; � and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. i. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. j. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. k. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and descripfion, including costs, expanses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contracfors while acting within the course and scope of their employment, which arise from or which are in any way connected to the CITY Wafer and Sewer Improvements. Such indamnifica[ion hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed fhe amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VIII Section 4, Idaho Constitution and Idaho Coda Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations sat forth in the agreement. Page 4 of 8 I. Work directly with fhe Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved C_ or denied by MERDIAIN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against sulfas, actions, claims or losses of every kind, nature and description, including costs, expanses and attorney fees caused by or arising ouf of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as sat forth in the Recitals above. Each of the Recitals above is incorporated info the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall ba based on the actual quantities of worK acceptably pertormad and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Pr[or to commencement of work by the Contractor, the parties will, together w"Ith the Contractor, inspect within the enure Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h_ Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, Gounty of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. �- j. Nothing in this Agreement shall be construed to ba an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. Pages 6 of 8 K. The validity, meaning and affect of this Ag reemant shall be determined in accordance � with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth bare in. m. Tha promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof sha[I inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to ba illegal or unenforceable by a court of com patent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by �_ DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may ba executed in two or more counterparts, each of which shall ba deemed an original, but both of which together shall constitute one and the same_ r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third -party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to ba the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement_ Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no Pages 6 of 8 �� obllgatlon whatsoever to incorporate, facil7tata, and/or complete the Clty Water and Sewer Improvements, regardless of whether prior approval nes bean given by DISTRICT to MERIDIAN. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written_ ATTEST: ADA COUNTY HIGHWAY DISTRICT Bruce Paul Woods Y»� ice„ � Director �%. Presltlent, BoarQ of Cop�iissibmsFs ATTEST. CITY OF MHRIDIADJ �'i �<=ri��•t - Gaaporanreoy�c I 'amu• �� / •� ''' / � By_ .� IOfA .... By. � C. Jay Colas qL� Tammy Weertl City Clark �P¢,�,a �pa� Mayor Page 7 of a STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ,�� day of /\//�i/b�il� 2097, before me, the undersigned, personally appeared PAUL V�OODS and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose Hamas are subscribed to the within instrument, and acknowledged to ma that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, day and year first above wrirtan. ��� �� BPE�C��.. =t1}pT ARY '� _ - 3 i �. . � PUBV���@��� .... C �TATE�OF �� STATE OF IDAHO ) ss. COUNTY OF ADA ) 1 have hereunto set my h�n,1 and affixed my official seal the Notary Pub or Id h Residing at Au9ue� 7`�• 20t9 ,Idaho My commission expires: On this i 9�� day of �a0�^.^.�� 2097, before ma, the undersigned, personally appeared TAMMY DE WEERD and C. JAV COLES, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to m® to ba the persons whose Hamas are subscribed to the within Instrument, and acknowledged to ma that . they executed the same for and on bohaif of said corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand antl affixed my official seal the day and year first above written_ ��¢4:tiE_1�TE��y..� ( � hDo ne lit CaL/�� 7�jr � Notary Public for Idaho Residing at �7).efLt cC�%ctr� ,Idaho •• �g�.l�'.� � My commission expires: � .`FATE OF tiOQ''. - c3. '�B - 'o'Li7 �� Page 8 of 8 WH P a c i f i c B o i s e , I d a h o Pa r c e l No . Pa r c e l I D No . R e c o r d O w n e r As s e s s e d Ow n e r s h i p Si z e ( A c r e s ) As s e s s e d Ow n e r s h i p Si z e ( S F ) Pr e s c r i p t i v e Ri g h t O f W a y (S F ) Ri g h t O f W a y Re q u i r e d (S F ) Ea s e m e n t s ( S F ) Re m a i n i n g Ow n e r s h i p Si z e ( S F ) Sh e e t No . Pe r m . Te m p . 1 R6 1 2 9 0 0 0 0 0 7 Co m m u n i t y R e h a b L L C . 0. 1 5 5 6, 7 5 2 64 5 6, 7 5 2 3 2 R5 6 7 2 0 0 0 5 3 6 Bl a i r R e a l t y L L C . 0. 1 0 5 4, 5 7 4 4, 5 7 4 3 3 R 6 1 2 9 0 0 0 0 1 5 Ch a s e C r a i g 0. 1 6 0 6, 9 7 0 72 0 6, 9 7 0 3 4 R6 1 2 9 0 0 0 0 2 5 Ma t t h e w L a v o y 0. 2 5 0 10 , 8 9 0 27 0 8 1 0 10 , 8 9 0 3 5 R 5 6 7 2 0 0 0 4 8 0 Ch u r c h O f T h e H a r v e s t I n c . 0. 8 3 0 36 , 1 5 5 36 , 1 5 5 3 , 4 6 R 6 1 2 9 0 0 0 0 4 0 T o d d B e n n e t t 0 . 1 1 0 4, 7 9 2 12 0 3 6 0 4, 7 9 2 3 7 R6 1 2 9 0 0 0 0 4 5 Ba i l e y P l a n P r o p e r t y L L C . 0. 2 1 0 9, 1 4 8 24 0 7 2 0 9, 1 4 8 3 8 R 6 1 2 9 0 0 0 0 6 0 JM R a n c h L L C . 0. 1 6 0 6, 9 7 0 1 , 2 0 1 6 , 9 7 0 3 , 4 9 R 6 1 2 9 0 0 0 0 7 0 Fa m i l l e I n v e s t m e n t s L L C . 0. 1 6 0 6, 9 7 0 6, 9 7 0 4 10 R 6 1 2 9 0 0 0 0 9 0 Sh u l t z F a m i l y T r u s t 0. 1 6 0 6, 9 7 0 26 9 6, 9 7 0 4 11 R5 6 7 2 0 0 0 8 1 5 Tr a x H o l d i n g L L C . 0. 1 6 0 6, 9 7 0 11 32 6, 9 5 9 4 12 R5 6 7 2 0 0 0 8 0 5 Tr a x H o l d i n g L L C . 0. 1 6 0 6, 9 7 0 55 1, 5 0 0 6, 9 1 5 4 13 R 6 1 2 9 0 0 0 1 0 0 Ac c i d e n t a l I n v e s t m e n t s L L C . 0. 1 6 0 6, 9 7 0 72 0 6, 9 7 0 4 14 R5 6 7 2 0 0 0 7 9 5 Ci t y O f M e r i d i a n 0. 1 6 0 6, 9 7 0 44 1, 2 3 3 6 , 9 2 6 4 15 R 6 1 2 9 0 0 0 1 1 0 Ac c i d e n t a l I n v e s t m e n t s L L C . 0. 1 2 0 5, 2 2 7 52 4 8 8 5, 2 2 7 4 16 R 5 6 7 2 0 0 0 7 8 5 At k i n s o n E n t e r p r i s e s L L C . 0. 1 6 0 6, 9 7 0 32 1 8 0 3 0 0 6, 9 3 8 4 17 R6 1 2 9 0 0 0 1 2 0 Tr i p l e D o u b l e s C o n s u l t i n g I n c . 0. 1 0 0 4, 3 5 6 13 5 4 0 5 4, 3 5 6 4 18 R 5 6 7 2 0 0 0 7 7 5 Ke n n e t h S . G r a p a t i n 0. 1 6 0 6, 9 7 0 21 18 0 3 0 0 6, 9 4 9 5 19 R 6 1 2 9 0 0 0 1 3 0 Jo s e p h D . D a r o s a 0. 1 2 0 5, 2 2 7 18 0 5 4 0 5, 2 2 7 5 20 R 6 1 2 9 0 0 0 1 5 0 Gr e g o r y S c o t t B o r g 0. 1 6 0 6, 9 7 0 24 0 4 8 0 6, 9 7 0 5 21 R5 6 7 2 0 0 0 9 4 0 Pi n e B u s i n e s s C e n t e r L L C . 0. 4 1 8 18 , 2 0 8 41 4 83 2 18 , 2 0 8 5 22 R6 1 2 9 0 0 0 1 6 0 W. E u g e n e S t r a t e 0. 1 6 0 6, 9 7 0 31 2 7 3 7 6, 9 7 0 5 23 R 7 5 9 6 0 0 0 0 1 0 Un i t e d M e t h o d i s t C h u r c h O f M e r i d i a n 0. 5 3 3 23 , 2 1 8 13 4 1, 6 4 6 2 3 , 2 1 8 5 , 6 24 R1 5 7 8 0 0 0 2 3 5 Jo s e p h D u t r a D a r o s a 0. 1 1 0 4, 7 9 2 16 8 3 3 4 4, 7 9 2 5 25 R 1 5 7 8 0 0 0 2 3 0 Te r r y W . C l e v e n g e r 0. 1 0 0 4, 3 5 6 20 0 2 8 0 4, 3 5 6 5 26 R1 5 7 8 0 0 0 2 2 5 St r y k e r L L C . 0. 1 0 0 4, 3 5 6 15 8 31 6 4, 3 5 6 5 27 R1 5 7 8 0 0 0 2 2 0 S t e v e n W & C a r o l A . J o h n s o n 0 . 1 4 0 6, 0 9 8 15 0 4 5 0 6, 0 9 8 6 28 R 1 5 7 8 0 0 0 1 7 0 Da v i d M . B l a z i c e v i c h 0. 1 6 0 6, 9 7 0 1 , 1 3 9 6 , 9 7 0 6 29 R 7 5 9 6 0 0 0 2 7 0 J. M o r g a n P o y s e r 0. 0 9 8 4, 2 6 9 1 , 4 2 9 4 , 2 6 9 6 30 R 1 5 7 8 0 0 0 1 6 5 Ca t h e r i n e E . H e s s 0. 1 6 0 6, 9 7 0 18 0 5 4 0 6, 9 7 0 6 31 R 7 5 9 6 0 0 0 2 6 0 Ka t h l e e n E . K r u e g e r S a s m i t a 0. 2 0 0 8, 7 1 2 18 0 5 9 8 8, 7 1 2 6 32 R 1 5 7 8 0 0 0 1 6 0 R o n a l d L . L a r s e n 0 . 1 6 0 6, 9 7 0 18 0 72 1 6, 9 7 0 6 33 R 7 5 9 6 0 0 0 2 5 0 F r e d e r i c k N . W h e e l e r 0 . 2 0 0 8, 7 1 2 18 0 6 0 2 8, 7 1 2 6 34 R 1 5 7 8 0 0 0 1 3 5 R o n a l d L . L a r s e n 0 . 1 1 0 4, 7 9 2 18 0 2 7 0 4, 7 9 2 6 35 R 7 5 9 6 0 0 0 2 4 2 Ch a r l e s L . K i p p e r 0. 1 4 3 6, 2 2 9 50 4 6, 2 2 9 6 36 R 1 5 7 8 0 0 0 1 4 5 B o b D . V a n z a n t 0 . 1 1 0 4, 7 9 2 22 5 4 5 0 4, 7 9 2 6 , 7 37 R 7 5 9 6 0 0 0 2 2 7 M o n t e L . 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G r e e n 0. 1 5 0 6, 5 3 4 72 0 6, 5 3 4 7 , 8 48 R 1 5 7 8 0 0 0 0 7 0 Al b i n G o l y s h e v s k y 0. 1 4 0 6, 0 9 8 60 0 6, 0 9 8 7 , 8 Pa r c e l No . Pa r c e l I D No . R e c o r d O w n e r As s e s s e d Ow n e r s h i p Si z e ( A c r e s ) As s e s s e d Ow n e r s h i p Si z e ( S F ) Pr e s c r i p t i v e Ri g h t O f W a y (S F ) Ri g h t O f W a y Re q u i r e d (S F ) Ea s e m e n t s ( S F ) Re m a i n i n g Ow n e r s h i p Si z e ( S F ) Sh e e t No . Pe r m . Te m p . 49 S1 1 0 7 3 1 4 8 3 0 Pe r f e c t E a r t h L a n d s c a p i n g & D e s i g n L L C . 0. 3 6 0 15 , 6 8 2 9 , 0 3 7 16 9 5 0 7 6, 6 4 5 8 50 R1 5 7 8 0 0 0 0 2 5 J a m e s D a l e N e l s o n 0 . 2 0 0 8, 7 1 2 69 8 4 2 8, 7 1 2 8 51 S1 1 0 7 3 1 4 8 2 0 Ni c o l e E q u a l s 0. 1 1 0 4, 7 9 2 2 , 2 0 0 16 5 4 9 5 2, 5 9 2 8 52 R1 5 7 8 0 0 0 0 2 0 Da n i e l C . B e r r y 0. 1 4 0 6, 0 9 8 16 6 4 9 8 6, 0 9 8 8 53 S1 1 0 7 3 1 4 8 1 0 D a n i e l J . V a n D u z o r 0 . 3 6 0 15 , 6 8 2 3 , 7 2 0 27 9 8 3 7 11 , 9 6 2 8 54 R1 5 7 8 0 0 0 0 1 5 S h a n n o n V a n b l a r i c o m 0 . 1 2 0 5, 2 2 7 13 8 4 1 3 5, 2 2 7 8 55 R1 5 7 8 0 0 0 0 1 0 H a r o l d J . S t o n e 0 . 1 3 0 5, 6 6 3 15 2 5 0 5 5, 6 6 3 8 56 S1 1 0 7 3 1 4 8 0 0 Ch a u n c e y H o o d 0. 3 9 0 16 , 9 8 9 15 2 1, 0 4 8 1 6 , 9 8 9 8 57 R1 5 7 8 0 0 0 0 0 5 M i c h a e l R o b e r t C o l e m a n J r . 0 . 2 0 0 8, 7 1 2 97 9 6 4 8, 7 1 2 8 58 R6 4 9 4 4 7 0 0 1 0 D a n i e l J . B e l l 0 . 4 4 2 19 , 2 5 4 78 5 5 7 9 19 , 2 5 4 9 59 S1 1 0 7 1 3 1 2 2 0 Da v i d S c o t t K e y s e r 1. 3 5 0 58 , 8 0 6 1 , 0 3 7 2 , 2 0 8 5 8 , 8 0 6 9 60 R6 4 9 4 4 7 0 0 2 0 Mo n t y L . S h o b e 0. 2 1 8 53 , 0 5 6 58 4 53 , 0 5 6 9 61 R6 4 9 4 4 7 0 0 3 0 Ry a n M a r t i n a t 0. 2 1 8 53 , 0 5 6 58 4 53 , 0 5 6 9 62 S1 1 0 7 1 3 1 2 5 0 He n r y O . & V e l d e e n K . T o r k e l s o n T r u s t 0. 5 4 0 23 , 5 2 3 7 , 4 1 2 1 , 1 6 6 2 , 9 3 6 2 3 , 5 2 3 9 , 1 0 63 R6 4 9 4 4 7 0 0 4 0 La n c e C h a m p i o n 0. 2 1 8 53 , 0 5 6 52 7 5 7 53 , 0 5 6 9 64 R6 4 9 4 4 7 0 0 5 0 Ja m e s K l o v a c h 0 . 2 1 8 53 , 0 5 6 29 2 2 9 2 53 , 0 5 6 9 65 R6 5 7 6 0 0 0 1 5 0 D a n i e l W e s t o n 0 . 9 3 7 40 , 8 1 6 1 , 3 0 9 4 0 , 8 1 6 9 , 1 0 66 R6 5 7 6 0 0 0 2 0 0 T h o m a s H . L a s k e n 0 . 9 3 3 40 , 6 4 2 1 , 3 8 9 4 0 , 6 4 2 10 67 R1 7 2 4 2 2 0 0 7 0 Da n b u r y F a i r H O A I n c . 1. 3 5 1 58 , 8 5 0 58 , 8 5 0 10 68 R6 5 7 6 0 0 0 2 5 0 Ma r l o M a c k a y 1. 0 3 3 44 , 9 9 8 2 , 5 5 3 4 4 , 9 9 8 10 69 S1 1 0 7 1 3 1 7 1 4 Av e b u r y D e v e l o p m e n t L L C . 3. 0 0 0 13 0 , 6 8 1 1 7 , 0 0 3 65 5 3, 2 0 9 1 1 3 , 6 7 8 1 0 , 1 1 , 1 2 70 R6 5 7 6 0 0 1 1 2 7 L a n c e M . F a r r e l l 1 . 4 9 2 64 , 9 9 2 1 , 3 8 8 6 4 , 9 9 2 10 71 R6 5 7 6 0 0 1 1 2 9 Re u b R o g e r s 1. 6 3 2 71 , 0 9 0 19 1 1, 5 6 0 7 1 , 0 9 0 1 0 , 1 1 72 R6 5 7 6 0 0 0 9 3 4 W a l t e r C u l v e r 1 . 0 0 0 43 , 5 6 0 30 2 1, 6 7 2 4 3 , 5 6 0 11 73 R6 5 7 6 0 0 0 7 2 8 Ro y M c k a g u e L i f e E s t a t e 0. 2 9 0 12 , 6 3 3 26 2 9 3 6 12 , 6 3 3 11 74 R6 5 7 6 0 0 0 9 3 8 Pa u l W . M c k a g u e 6. 1 6 0 26 8 , 3 3 1 44 1 41 6 26 8 , 3 3 1 11 75 R6 5 7 6 0 0 1 3 8 0 Ad a C o u n t y H i g h w a y D i s t r i c t 1. 1 7 0 50 , 9 6 5 50 , 9 6 5 1 1 , 1 2 76 S1 1 0 7 1 3 1 7 0 0 Jo h n C . & S h a n n o n M . U r i o n a 0. 5 5 0 23 , 9 5 8 2 , 8 5 0 32 9 1, 7 9 2 2 3 , 6 2 9 12 77 R9 2 7 7 1 0 0 0 1 0 Ad a C o u n t y - T r e a s u r e r s O f f i c e 1. 0 5 2 45 , 8 2 5 6 , 5 6 9 4 5 , 8 2 5 12 78 R1 7 2 4 1 8 0 1 3 0 R e x D . B u s s e r t 0 . 2 2 0 9, 5 8 3 71 76 0 9, 5 1 2 12 79 R9 2 7 7 1 0 0 0 2 0 Ad a C o u n t y - T r e a s u r e r s O f f i c e 3. 8 8 2 16 9 , 1 0 1 16 9 , 1 0 1 1 2 , 1 3 80 R1 7 2 4 1 8 0 0 1 0 Sh a u n a S a n d e r s o n 0 . 2 1 0 9, 1 4 8 70 2 3 6 8 8 0 9, 0 7 8 1 2 , 1 3 81 R2 0 3 9 2 6 1 2 1 0 K i r k A . B r o c k 1 . 0 0 0 43 , 5 6 0 50 0 27 1 1, 1 0 8 4 3 , 0 6 0 13 82 R2 0 3 9 2 6 1 2 2 0 D o n n a M . H a r d i m a n 2 . 7 1 8 11 8 , 3 9 7 47 3 1, 4 4 8 1 1 7 , 9 2 4 13 83 S1 1 0 7 4 1 7 3 0 1 Ca p i t o l H i l l H o l d i n g s L L C . 0. 8 2 9 36 , 1 1 1 3 , 9 8 9 3 6 , 1 1 1 13 84 R2 0 3 9 2 6 1 3 0 0 D o n n a M . H a r d i m a n 1 . 0 0 0 43 , 5 6 0 63 6 1, 9 9 5 4 2 , 9 2 4 13 85 R7 3 2 6 4 7 0 6 0 0 R a i l s i d e P a r k I n d u s t B O A I n c . 0 . 1 3 3 5, 7 9 4 3 , 4 8 8 5 , 7 9 4 1 3 , 1 4 86 R2 0 3 9 2 6 0 7 5 4 Je f f r e y L . N i c h o l s 0. 4 0 0 17 , 4 2 4 63 6 1, 5 4 0 1 6 , 7 8 8 14 87 R7 3 2 6 4 7 0 7 0 0 R a l s t i n L L C . 1 . 0 6 4 46 , 3 4 8 46 , 3 4 8 1 3 , 1 4 88 R5 5 1 2 7 1 0 0 1 0 De a n & S a n d r a M i c h a l s c h e c k T r u s t 0. 1 9 0 51 , 8 3 7 66 9 0 4 51 , 8 3 7 14 89 R5 5 1 2 7 1 0 0 2 0 D e s t i n e e F o s t e r 0 . 1 6 0 50 , 5 3 0 18 7 50 , 5 3 0 14 90 R5 5 1 2 7 1 0 1 3 0 Br i a n R o s s & K e l l i L . J o h n s o n 0. 1 8 0 51 , 4 0 1 18 7 51 , 4 0 1 14 91 R7 3 2 6 4 7 0 1 0 1 R a i l s i d e P a r k I n d u s t B O A I n c . 0 . 1 2 4 5, 4 0 2 3 , 1 5 4 5 , 4 0 2 1 4 , 1 5 92 R5 5 1 2 7 1 0 1 4 0 Pa u l a M . A n t h o n y 0. 1 6 0 50 , 5 3 0 50 , 5 3 0 1 4 , 1 5 93 R7 3 2 6 4 7 0 2 0 0 W i n c h e s P l u s I n c . 1. 1 7 7 51 , 2 7 0 51 , 2 7 0 1 4 , 1 5 94 R5 5 1 2 7 1 0 1 5 0 S a r a h G e r l a c h 0 . 1 8 0 7, 8 4 1 7, 8 4 1 15 95 R5 5 1 2 7 1 0 1 6 1 K r i s t i n J e n k i n s 0 . 2 9 0 12 , 6 3 3 12 , 6 3 3 15 N O T E S E. P I N E A V E . N . M E R I D I A N R D . Se c 0 7 , T 3 N , R 1 E BE N C H M A R K S : N O T E S E. P I N E A V E . N . M A I N S T . Se c 0 7 , T 3 N , R 1 E N O T E S E. P I N E A V E . 2 N D S T . Se c 0 7 , T 3 N , R 1 E BE N C H M A R K S : N O T E S E. P I N E A V E . 3 R D S T . Se c 0 7 , T 3 N , R 1 E N O T E S E. P I N E A V E . 4 T H S T . Se c 0 7 , T 3 N , R 1 E N O T E S E. P I N E A V E . 5 T H S T . Se c 0 7 , T 3 N , R 1 E BE N C H M A R K S : N O T E S E. P I N E A V E . Se c 0 7 , T 3 N , R 1 E N O T E S E. P I N E A V E . Se c 0 7 , T 3 N , R 1 E N O T E S E. P I N E A V E . Se c 0 7 , T 3 N , R 1 E N O T E S S T O N E H E N G E W A Y Se c 0 7 , T 3 N , R 1 E BE N C H M A R K S : E. P I N E A V E . N O T E S E. P I N E A V E . A D K I N S A V E . Se c 0 7 , T 3 N , R 1 E N O T E S E. P I N E A V E . R A L S T I N P L . Se c 0 7 , T 3 N , R 1 E BE N C H M A R K S : N O T E S E. P I N E A V E . N . L O C U S T G R O V E R D . Se c 0 7 , T 3 N , R 1 E BE N C H M A R K S : CITY OF MERIDIAN RESOLUTION NO. 7 — �v 6�7 BY. THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS,MILAM, PALMER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO APPROVE RETIRING MERIDIAN POLICE DEPARTMENT POLICE CANINE "MAX"; AND TO DECLARE SUBJECT CANINE SURPLUS PROPERTY OF NOMINAL VALUE; AND TO AUTHORIZE THE MAYOR OF THE CITY OF MERIDIAN TO DONATE SUCH PROPERTY BY TRANSFERING OWNERSHIP OF SUBJECT CANINE "MAX" TO HIS HANDLER MERIDIAN POLICE DEPARTMENT K-9 OFFICER DAN VOGT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have received the recommendation from the Meridian Police Department that police canine "Max" is suitable for retirement due to poor health and performance -related issues that no longer allow for his proper and safe use; and WHEREAS, a retired police canine has no saleable value, as it would be unsafe or inappropriate for possession by the general public; and WHEREAS, the City wishes to divest itself of both ownership and vicarious or direct liability for the subject canine; and WHEREAS, it is in the best interest of the City of Meridian to thus declare that police canine "Max" as described in the attached Exhibit A is surplus property, with nominal value, no longer needed or to be used by the City of Meridian; and WHEREAS, due to the unique nature of police canine service dogs, the City's purchasing policy for disposal of surplus property of nominal value, authorizes City Council to approve the removal of a police canine from active duty, and authorize transfer of ownership to a qualified handler upon the recommendation of the Chief of Police; and WHEREAS, it is the policy of the Meridian Police Department to recommend and support the transfer of ownership of a retiring canine to its handler or other experienced K-9 Officer so that the canine who has served as a valuable member of the Department may remain and live out the remainder of its days in suitable surroundings and appropriate companionship; and WHEREAS, Meridian Police Department K-9 Officer Dan Vogt ("Officer Vogt") is currently "Max's" handler and is willing to accept responsibility for the care of "Max" and agrees RESOLUTION TO RETIRE AND TRANSFER OWNERSHIP OF POLICE CANINE "MAX"- 1 of 2 to assume financial responsibility of, and liability for, the dog and to provide a comfortable, humane and caring environment for the remainder of his life; and WHEREAS, Officer Vogt agrees to accept ownership of "Max", as subject canine's present health condition exists without warranty or representation from the City of what that condition is or may become -,and WHEREAS, Officer Vogt agrees that the subject canine will not perforin any searches or activity related to patrol narcotic -related duties or patrol apprehension -related duties; and WHEREAS, Officer Vogt agrees to release the City from any and all liability that might arise fiom owning a retired police canine upon transfer of ownership; and WHEREAS, the Mayor and City Council find that transferring "Max's" ownership to Officer Vogt is the safe, appropriate, and humane method for disposition of "Max" upon his retirement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Mayor and City Council approve the retirement of Meridian Police Department police canine "Max". Section 2. That the Mayor and City Council declare the subject canine to be surplus property of nominal value belonging to the City of Meridian. Section 3. That the City Council authorizes the Mayor to donate by transferring ownership of subject canine "Max" to Meridian Police Department K-9 Officer Dan Vogt. Section 4. That this resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this I I day of September 19, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this A day of September 19, 2017. APPROVED: Q0Eo Alio ATTEST: — Cify Or w On By: Mayor Ta de Weerds IDAMD ' Jay C es, City Clerk m SEAL p� RESOLUTION TO RETIRE AND TRANSFER OWNERSHIP OF POLICE CANINE "MAX"- 2 of 2 �E IDIAN - CITY OF MERIDIAN PROPERTY INFORMATION FORM DEPARTMENT Police DEPARTMENT CONTACT Lt. Stokes CITY TAG # DESCRIPTIONLOCATION N/A Police Service Dog -K9 Max Police MODEL MANUFACTURER SERIAL/ VIN # N/A N/A N/A ACQUISITION DATE ORIGINAL COST VENDOR LIFESPAN 10/2008? $7,000 Alabama Canine 8 years Addition (No additional information required) PROPERTY DISPOSAL AUTHORIZATION DISPOSAL METHODS Give a brief description of how you plan on disposing the asset Auction/Sell Canine Max will be retired to his existing handler, Officer Vogt. X Donation/Transfer Trade In Discard/Recycle **Please remove all identifying logos prior to disposal REASON FOR DISPOSAL OF PROPERTY Canine Max is in poor health and has exceeded his service life. CONDITION OF PROPERTY TO BE DISPOSED Poor health. vale q• Q. Zd14 FirSance Approval Mayor Approval FOR FINANCE USE ONLY FA# I I C)?) 6'1-/ GL Code: 01-2iio - ` QD0 Resolution No.: Approved by Council Date: Final Disposition of Property: C:\Users\bstokes\Desktop\Disposal form K9 Max 1 of 2 CITY OF MERIDIAN RESOLUTION NO. 17- � O BY THE CITY COUNCIL: BIRD, BORTON, CAVE NER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN (LESSOR) AND NEW VENTURES LAB, INC (LESSEE) FOR THE PREMISES LOCATED AT 33 EAST IDAHO AVENUE, MERIDIAN IDAHO; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the City of Meridian has approximately 8,000 square feet of office space located at 33 East Idaho Avenue (the "premises") that is not currently used for City business; and, WHEREAS, the City of Meridian has no immediate plans to use the premises for City business; and, WHEREAS, on the 26th day of May, 2015, the City Council of the City of Meridian passed Resolution No. 15-0168 which approved the existing Lease Agreement dated June 2, 2015; and, WHEREAS, the parties desire to enter into a new lease agreement, retroactive to June 1, 2017, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The premises described in the lease agreement between the New Ventures Lab, Inc and the City of Meridian is not otherwise needed for City purposes. SECTION 2. That the terms of the agreement (attached hereto and incorporated herein) between the New Ventures Lab, Inc. and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content, SECTION 3. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. SECTION 4. This Resolution shall be in full force and effect immediately upon its adoption and approval, ADOPTED by the City Council of the City of Meridian, Idaho, this 19th(" day of September, 2017. RESOLUTION FOR 33 EAST IDAHO LEASE AGREEMENT 2017. ATTE APPROVED by the Mayor of the City of Meridian, Idaho, this 190' day of September; APPROVED: STZyvCole C. , city Clerk Mayor Tammy eerd RESOLUTION FOR 33 EAST IDAHO LEASE AGREEMENT VT\ r, r��Y Or w E IDIAN IDANo SEAL/ BUILDING LEASE FOR NEW VENTURES LAB 33 EAST IDAHO AVENUE, MERIDIAN THIS BUILDING LEASE ("Lease") is made thisday of September 2017, between The City of Meridian, an Idaho Municipal Corporation ("L-4 and New Ventures Lab, Inc. ("Tenant"). Landlord and Tenant may be referred to collectively as the "Parties." WHEREAS, New Ventures Lab Inc is a hybrid co -working facility, idea laboratory, community engagement center and collaboration center focusing on startup organizations; and, WHEREAS, The Mission of New Ventures Lab is to accelerate Meridian's innovation based economy by connecting ideas, people, and resources to create and grow new companies; and, WHEREAS, The City of Meridian owns a facility known as the "Old City Hall" in downtown Meridian and New Ventures Lab Inc desires to utilize the City facility in furtherance of its mission and goals; and; WHEREAS, On the 26th day of May, 2015, the City Council of the City of Meridian passed Resolution No. 15-0168 which approved the existing Lease Agreement dated June 2, 2015 for a three year term through May 31, 2018, and; WHEREAS, the Parties desire make certain amendments to the terms of Lease Agreement, and; WHEREAS, the May 26" 2015 Building Lease is hereby terminated by mutual agreement of the Parties, and the uew agreement is set forth herein, NOW, THEREFORE, the Parties hereby agree as follows: 1. Demise. Landlord leases to Tenant, and Tenant leases from Landlord, the premises described in Section 2 ("Premises") for the uses set forth hereunder. 2. Premises. 2.1 Location of the Premises. The Premises are located at 33 East Idaho Avenue in the City of Meridian, County of Ada, State of Idaho and are more particularly described as follows: Portions of Ada County Parcel No. 125672000315, including the approximately 8,000 square foot building and basement located at 33 East Idaho Avenue, known as the former Meridian City Hall, along with the walkways and landscaping immediately surrounding the building. BUILDINo LEAS>✓, 33 EAST IDAHO AVENUE, MERIDIAN - I 2.2 Parking. The term "Premises" includes the parking lots on the westerly and easterly side of the building. Tenant is encouraged to cooperate with other downtown parking users to accommodate the parking needs of others to the extent that such accommodation does not interfere with Tenant's parking needs. Tenant may post signs at the entrances to the parking lots with reasonable use restrictions. The inclusion of the parking lots as part of the leased Premises does not grant Tenant the authority to issue parking tickets or have vehicles towed, impounded, or immobilized. Landlord does not intend to exercise its parking enforcement authority on the Premises unless a City Code violation exists. 2.3 Exclusions from "Premises." .2.3.1. The Premises exclude the public park known as the "Cox Monument" located at the corner of Meridian Road and E. Idaho Avenue. The bench, picnic table, picnic shelter and water feature are amenities available for use by Tenant and members of the general public. 2.3.2 Landlord will be using the locked "vault" room inside the building for Landlord's exclusive use for storage of building maintenance items. 3. Term. Beginning on June 1, 2017, the Premises shall be leased to Tenant on successive three (3) month terms, subject to either Parry's unilateral right to terminate upon thirty (30) day notice. 4. Rent. 4.1 Based on the mutual consideration set forth in the Preamble to this Agreement, Tenant shall not be charged monetary rent, 4.2 As additional consideration for continued waiver of monetary rent, Tenant shall be required to make a presentation on a quarterly basis to the Meridian City Council regarding activities on the Premises and their benefit to the Meridian community. 4.2.1 The first quarterly presentation shall be at the City Council Workshop Meeting at Spm on September 12, 2017. This presentation shall report on activities during June, July and August of 2017. 4.2.2 Landlord shall schedule successive quarterly presentations on behalf of Tenant at the City Council Workshop meeting (currently the second Tuesday) in December, March, June, and September of every calendar year until such time that this Lease has Terminated. 5. Use. 5.1 Permitted Use. The Premises shall be used for professional office space of the New Ventures Lab, Inc and ancillary uses consistent with its mission and for no other purpose without the prior written consent of Landlord. Tenant shall in such use of the Premises, at Tenant's expense, take all actions to comply with all laws, rules, regulations, requirements, and BUILDING LEASE, 33 EAST IDAHo AVENUE, MERIDIAN - 2 ordinances existing or hereafter enacted or imposed by any governmental authority having jurisdiction over the Premises, Landlord, or Tenant, applicable to Tenant and Tenant's use of the Premises. Tenant must secure a Certificate of Zoning Compliance (CZC) and a Certificate of Occupancy (CO) from the City of Meridian before occupying the premises. The use of the roof of the building by the Meridian Development Corporation for the downtown Meridian wireless network is also a Permitted use. The use of the roof for any other purpose shall require the prior written consent of Landlord. 5.2 Restrictions. In no event shall Tenant use the Premise for the following: (a) Any public or private nuisance; (b) Any obnoxious odor; (c) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness, or loudness; (d) Any noxious, toxic, caustic, or corrosive fuel or gas; (e) Any dust, or dirt, in excessive quantities; (f) Any heavy assembly, heavy manufacture, distillation, refining, smelting, agriculture, or mining operations. (g) Any tattoo parlors, massage parlors, bars, taverns, cocktail lounges(h) Any use not allowed under City of Meridian zoning ordinances, as they may be amended from time to time. 6. Taxes. 6.1 Personal Property Taxes. Tenant shall be liable for all taxes levied against any leasehold interest of Tenant or personal property and trade fixtures owned or placed by Tenant in the Premises. Tenant, at its sole expense, may contest the amount of personal property taxes. 6.2 Real Property Taxes. At the time of execution of this Lease, the Premises are exempt from real property taxes. In the event that the Ada County Assessor determines that the premises should be subject to real property taxes, Tenant shall be solely liable for all taxes levied against the real property. Tenant, at its sole expense, may contest the levy and/or amount of real property taxes. 7. Utilities. During the Term, Tenant shall make arrangements for the provision of and pay for all utility services consumed by Tenant upon the Premises and for any utility connection or hookup fees, including, without limitation, water, sewer, garbage collection, gas, electricity, cable, internet, and telephone services. As used in this paragraph, the term "water" refers to the service to the Premises provided by the City of Meridian at a single point metered connection BUILDING LEASE, 33 EAST IDAHo AVENUE, MERIDIAN - 3 and includes water that serves the irrigation system surrounding the building and other portions of the entire legal parcel. Water used for irrigation of landscaping from this point of connection shall be considered "consumed" by Tenant. Tenant acknowledges that the point of connection includes water that irrigates not only the landscaping immediately surrounding the Premises, but also includes water for irrigation of the Cox Memorial which is not included in the Premises as defined in this Agreement. Tenant's payment for the portion of the water that irrigates landscaping not necessarily included in the Premises is considered part of Tenant's consideration for the benefits received under this Agreement. Landlord agrees to work with Tenant on efforts to maximize the efficiency of the existing irrigation system. To the extent that any utility services supplied to the Premises are billed directly to Landlord, Tenant shall reimburse Landlord, within thirty (30) days after Landlord's delivery to Tenant of an invoice therefor, for that portion of such utility services which is attributable directly to Tenant's use of the particular utility service. Landlord may, in its sole discretion and expense, contract for fire alarm monitoring and associated communication lines. S. Tenant's Interior Cosmetic Improvement Work. After receiving Landlord's prior written approval Tenant may make approved cosmetic modifications to the interior of the Premises including but not limited to painting and minor wall repair, wall coverings, decorating, and the like. 9. Tenant Improvement Work. 9.1 Tenant Improvements. If Tenant desires to improve, alter or renovate the Premises to adapt the same for the conduct of its business operations, written permission must first be received from Landlord. Because the Premises is considered a "Public Work" under Idaho Law, any approved Tenant Improvements under this Agreement must be performed by Landlord or Landlord's public works contractors using Landlords internal processes and procedures. Any improvements, alterations and renovations to the Premises by Tenant pursuant to this Subsection shall remain on the Premises upon the expiration or earlier termination of this tease. The cost of any improvements performed under this subsection shall be borne by Tenant according to terms agreed upon in writing prior to commencement of any work. 10. Trade Fixtures; Personal Property. Tenant, at its sole cost and expense, has the right, but not the obligation, to install, use, replace, and remove its trade fixtures and personal property, such as, without limitation, telephone, and other communications equipment, machinery and office furniture. Upon the expiration of the Term or the earlier termination of this Lease, Tenant has the right to remove such trade fixtures and personal property from the Premises, provided that Tenant shall be responsible to pay Landlord for all costs associated with the repair of any and all damage to the Premises resulting from such removal. 11. Repairs and Maintenance. 11.1 Landlord's Obligations. The following shall be the responsibility of Landlord: 11.1.1 Repairs and maintenance of the roof and gutters, exterior walls (including painting), bearing walls, structural members, floor slabs, and foundation. BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 4 11.1.2 Repair of sidewalks, driveways, curbs, parking areas, and areas used in common by Tenant and Landlord. 11.1.3 Repair and maintenance of exterior water, sewage, gas, and electrical services. 11.1.4 Repair and maintenance of the heating and air conditioning system o. 11.1.5 Maintenance of all exterior landscaping on the Premises. 11.1.6 Maintenance of adjacent sidewalks, with the exception of snow removal which shall be Tenant's responsibility. 11.2 Tenant's Obligations. The following shall be the responsibility of Tenant 11.2.1 Reimburse Landlord for the repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures, switches, and wiring and plumbing in the Premises. 11.2.2 Reimburse Landlord for any repairs necessitated by the negligence of Tenant, its agents, employees, and invitees, including repairs that would otherwise be the responsibility of Landlord under this Section. 11.2.3 Reimburse Landlord for any repairs or alterations required under Tenant's obligation to comply with any applicable laws and regulations. 11.2.4 Snow Removal from the Premises (Including adjacent Sidewalks and Parking Lots). 11.2.5 Routine cleaning and custodial services. 11.3 Landlord's Interference with Tenant. In performing any repairs, replacements, alterations, or other work performed on or around the Premises, Landlord shall not cause unreasonable interference with the use of the Premises by Tenant. Tenant has no right to any claim against Landlord for any inconvenience or disturbance resulting from Landlord's activities performed in conformance with the requirement of this Section. 11.4 Reimbursement for Repairs and Maintenance Assumed. If either party fails or refuses to make repairs and/or perform maintenance as required by this Section, the other party may make repairs and charge the actual costs of repairs to the first party. Such expenditures by either party shall be reimbursed by the other on demand together with interest thereon at the rate of 9% per annum from the date of expenditure. Except in an emergency creating an immediate risk of personal injury or property damage, neither party may perform repairs or maintenance that is the obligation of the other party and charge the other party for the resulting expense unless at least 10 days before work is commenced, and the defaulting party is given notice in writing outlining with reasonable particularity the repairs required, and such party fails within that time to initiate such repairs in good faith. BUILDING LEASE, 33 EAST TDAHo AVENUE, MERIDIAN - 5 12. Insurance. 12.1 Landlord's Insurance. Landlord shall procure and maintain during the Term, Fire, Windstorm, and Extended Coverage Insurance (with additional perils to be covered at Landlord's option) on the Building, the Premises and the Common Area in amounts not less than one hundred percent (100%) of the replacement cost above the foundations 12.2 Tenant's Personal Property. Tenant shall have responsibility for obtaining, if desired, insurance on Tenant's personal property, whether owned, rented, leased, or borrowed. Tenant expressly waives any claim against Landlord for any Ioss or damage to Tenant's personal property unless such loss or damage results from Landlord or Landlord's agents or employees negligence. 12.3 Tenant's Commercial General Liability Insurance. At all times during the Term, Tenant, at its sole cost, shall maintain in full force and effect a commercial general liability insurance policy for the Premises, covering personal injury, death, and property damage. Such insurance shall be for an amount no less than $500,000 per occurrence/$1,000,000 per aggregate. Such insurance policy shall name both Landlord and Tenant as insureds, as their interests may appear. Tenant shall require all sub -tenants to maintain liability coverage which will insure Tenant and City against liability for injury to or death of persons or loss or damage to property occurring as a result of the sub -tenant's use of the Premises. City shall be named as an additional insured under the sub -tenant's policy. Tenant's liability insurance will also include the broadest available form of contractual liability coverage that will provide coverage to the maximum extent possible of Tenant's indemnification obligations under this Lease. 12.4 Worker's Compensation and Employer Liability Coverage. Tenant will procure and maintain worker's compensation insurance as required by law. 12.5 Evidence of Insurance. Tenant shall, within 30 days of first occupancy and at any time upon request, provide Landlord with adequate evidence of the continued existence of applicable insurance coverage which shall contain an agreement by the insurer that such insurance coverage shall not be modified or canceled without delivery of at least thirty (30) days' written notice to Landlord. 12.6 Tenant Invalidation. Tenant shall not do or permit anything to be done which invalidates any such insurance policies required by this Lease. 13. Damage or Destruction; Repair and Restoration. In the event that the Premises shall be damaged or destroyed by fire, or other casualty, Tenant promptly shall deliver to Landlord notice thereof. If the damage or destruction resulted from risk required to be insured pursuant to the terms of this Lease, and unless terminated, this Lease shall remain in full force and effect, and Landlord, shall promptly repair the damage or destruction and restore the Premises to substantially that condition existing immediately prior to such damage or destruction. If Tenant remains in occupancy of the Premises, Landlord shall exercise such repair and restoration efforts in a manner so as not to interfere unreasonably with the use and occupancy of the Premises by BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 6 Tenant for the conduct of its business operations. Until the completion of Landlord's repair and restoration pursuant to this Section, Tenant's obligations hereunder shall abate as of the date of the damage or destruction. 14. Rights of Termination. Landlord and Tenant shall each have a right to terminate this Agreement upon thirty (30) days written notice. 15. Tenant's Default; Landlord's Remedies. 15.1 Tenant Default. Any of the following events shall constitute a default of this Lease by Tenant (a "Tenant Default"): 15.1.1 Failure of Tenant to report on activities every three months pursuant to Section 4 of this Agreement; and 15.1.2 Vacating or abandonment of all or a substantial part of the Premises. 15.1.3 Failure of Tenant to comply with any provision of this Lease, with such failure continuing for 5 days after delivery of a written notice by Landlord to Tenant specifying the nature of non-compliance by Tenant. However, if the nature of Tenant's default is such that it cannot be reasonably cured within the time provided, Tenant shall not be in default if Tenant commences to cure the default within the time provided and thereafter diligently proceeds to cure such default. 15.1.4 The making of an assignment or general arrangement for the benefit of creditors by Tenant or any guarantor of Tenant's obligations under the Lease. 15.1.5 The filing of a petition under the Federal Bankruptcy Act or any similar law or statute of the United States or any state thereof by Tenant or any guarantor of Tenant's obligations under this Lease. Or, the failure of the dismissal, within 30 days after the filing of any involuntary petition of bankruptcy or insolvency against Tenant or guarantor of Tenant's obligations. 15.1.6 The appointment of a receiver or trustee for all or substantially all the assets of Tenant or any guarantor of Tenant's obligations under this Lease. Such receivership shall not have been terminated or stayed within the time permitted by law. 15.1.7 The attachment, execution or other judicial seizure of substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease where such seizure is not discharged with thirty (30) days. 15.2 Landlord's Remedies. In the event of a Tenant Default, Landlord shall have the option to exercise one or more of the following rights and remedies: To terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord. In Tenants shall fail to do so, Landlord may enter upon the Premises without notice and again have, repossess and enjoy the same as if this Lease had not been made, and all Terms, conditions, covenants and obligations of this Lease on the part of BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 7 Landlord to be performed shall cease and terminate, without prejudice and to pursue all other rights and remedies to which Landlord may be entitled hereunder, at law or in equity. 16. Landlord's Default; Tenant's Remedies. In the event of any failure by Landlord to perform any term, condition, covenant or obligation of this Lease on the part of Landlord to be performed within thirty (30) days after the date on which Landlord receives from Tenant notice specifically describing such failure, Tenant (in addition to all other remedies to which Tenant may be entitled under this instrument or at law or in equity) may immediately terminate this Lease. 17. Warranties and Representations. 17.1. Compliance with Laws. 17.1.1 Landlord's Improvement Work. 17.1.1.1 Landlord warrants and represents that Landlord's Improvement Work shall be done in a good and workmanlike manner and comply with all laws, ordinances and requirements, including without limitation the procuring of all building and other permits, licenses, approvals and certificates of occupancy and the observance of applicable building, zoning and other code requirements of governmental authorities with competent jurisdiction, in effect at the time the work was completed, or the certificate, license or approval was issued with respect to Landlord's Improvement work. 17.1.1.2 If any improvements, alterations or renovations to the Premises shall be required by any law, ordinance or requirement of any governmental authority with competent jurisdiction, then Landlord, at its sole cost and expense, shall perform such improvements, alterations or renovations in a timely manner, provided that if, but only if, such improvements, alterations or renovations are required because of Tenant's specific use of the Premises, Tenant shall reimburse Landlord for the cost thereof. 17.2 Warranty of Title and Authority. Landlord warrants and represents that: (a) Landlord is the fee simple owner of the Premises with full authority to execute, deliver and perform this Lease; and (b) as of the date of this Lease there are no liens or encumbrances against the Premises. Tenant, at its sole cost and option, may procure title insurance. 17.3 Hazardous and Toxic Conditions. 17.3.1 Landlord's Warranties. Landlord warrants and represents that the Premises do not contain any material classified as toxic or hazardous under applicable federal, state and local laws, ordinances and requirements of governmental authorities with competent jurisdiction. If a toxic or hazardous condition not caused by Tenant is discovered on the Premises, then (i) Landlord shall: (a) promptly give Tenant written notice of such condition; and (b) immediately cause such toxic or hazardous condition to BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 8 be cleaned up and brought into compliance with applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction and, (ii) Landlord agrees to indemnify Tenant pursuant to the provisions of this Lease against any Losses as defined herein incurred by Tenant arising out of any such newly discovered toxic or hazardous condition and/or arising out of any condition disclosed by Landlord and/or existing on the date of execution of this Lease by both parties. 17.3.2 Tenant's Duty. If a toxic or hazardous condition is discovered on the Premises and is caused by Tenant, then (i) Tenant shall: (a) promptly give Landlord written notice of such condition; and (b) immediately cause such toxic or hazardous condition to be cleaned up and brought into compliance with applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction and, (ii) Tenant agrees to indemnify Landlord pursuant to the provisions of this Lease hereof against any Losses as defined herein incurred by Landlord arising out of any such Tenant -caused toxic or hazardous condition. 17.3.3 Tenant's Warranties. Tenant covenants and agrees that it shall not conduct hazardous activities or operations on or about the Premises or store or handle liquids or materials hazardous to human health or to the environment on or about the Premises except materials in transit, which are customarily transferred or handled in Tenant's business. At all times during the Term, Tenant shall exonerate, protect, defend, indemnify and hold Landlord harmless from and against any and all losses, damages, claims, suits or actions, judgments and costs, including reasonable attorneys fees, arising out of Tenant's breach of the covenant set forth in this Section in accordance with the provisions of this Lease. 17.4 Prior Usage of Premises. Landlord has no knowledge that the past uses of the Premises have included any storage, treatment, recycling or disposal of waste on the Premises, except for storage of trash in containers in compliance with applicable federal, state and local laws, ordinances and other requirements of governmental authorities with competent jurisdiction, which containers have been removed from the Premises and from which there has been no release of Hazardous Substances. 18. Broker's Commission. Landlord and Tenant each warrants and represents for the benefit of the other that it has not dealt with any real estate broker, finder or agent in connection with this Lease. 19. Landlord's Right of Entry. Landlord may enter upon the Premises as often as Landlord may deem reasonably necessary for the purposes of performing maintenance and repairs, inspecting the Premises, offering the Premises for lease or offering the Premises for sale. Landlord's right of entry shall be exercised in a manner and at times such that there shall be no unreasonable interference with the use and occupancy of the Premises by Tenant for the conduct of its business operations. Landlord may place customary "For Sale" signs on the Premises and may place "For Lease" signs on the Premises. 20. Mutual Indemnification. Each parry (the "Indemnitor") agrees to indemnify, to the extent allowed by law, defend and hold the other party (the "Indemnitee") harmless from and BUILDING LEASE, 33 EAST IDAHo AVENUE, MERIDIAN - 9 against any and all losses, damages, claims, suits, actions, judgments, liabilities and expenses, including, without limitation, environmental damages and remediation expenses, reasonable attorneys' fees (collectively, "Losses"), arising out of, or with respect to: (a) any breach of any warranty or representation or any covenant or agreement of the Indemnitor under this Lease; or (b) any injury to, or death of, persons and/or any damage to, or destruction of, property, on or about the Premises and attributable to the negligence or misconduct of the Indemnitor, or its officers, employees, agents, contractors or invitees, except for any such breach, any injury or death or any damage or destruction arising out of, or with respect to, the negligence or misconduct of the Indemnitee, or any of its officers, employees, agents, contractors or invitees, or as otherwise specifically provided in this Lease; provided, however, that the indemnification obligation created by this Section shall be expressly conditioned upon the Indemnitee (i) delivering to the Indemnitor prompt notice of any event giving rise to such indemnification obligation and (ii) providing the Indemnitor the opportunity to defend itself from and against any Losses. 21. Transfers. 21.1 Assignment and Subletting. Except as provided in this Section, Tenant shall not assign this Lease without the consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have the right, without the consent of Landlord, to sublet any portion of the Premises to Members and Residents of the New Ventures Lab for the purposes set forth in this Lease. Absent the written agreement of Landlord, no assignment of this Lease or subletting of all or any portion of the Premises shall relieve Tenant of any of the Terms, conditions, covenants and obligations of this Lease on the part of Tenant to be performed. Tenant's sublease agreement shall require sublessees to comply with the terms, conditions, covenants, and obligations of this Lease. 21.2 Notice of Sale. If Landlord sells the Premises, Landlord shall inform Tenant by notice under as according to the procedures required under this Lease. 22. Quiet Enjoyment. As long as Tenant is in compliance with all provisions of this Lease, Tenant shall be entitled to the peaceful and Quiet possession of the Premises free from any interference or disturbance by Landlord. This provision is subject to mortgages, ground leases, encumbrances, or other interests to which this Lease is subordinate. 23. Surrender of Premises. Upon the expiration or earlier termination of the Term, Tenant shall deliver up and surrender the Premises to Landlord in as good order and condition as upon Tenant Possession Date, subject to: (a) Tenant's improvements, alterations and renovations to the Premises, including without limitation Tenant's Improvement Work; (b) normal wear and tear; (c) damage by fire, explosion or other casualty; (d) repairs and restoration for which Tenant shall not be responsible hereunder; and (e) Tenant's removal of its trade fixtures. BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 10 24. Notices. For the purposes of all notices and communications hereunder, all notices shall be sent to: LANDLORD: City Clerk 33 East Broadway Meridian ID 83642. TENANT: New Ventures Lab, Inc 33 E. Idaho Avenue Meridian, ID 83642 All notices under this Lease shall be in writing and delivered in person or sent by U.S. Mail, postage prepaid, or sent by recognized overnight courier i.e. federal express, to Landlord and to Tenant at the addresses set forth in this Agreement (except that, after the Lease commences, any such notice may be so mailed or delivered by hand to Tenant at the Premises), or to such other addresses as may from time to time be designated by any such party in writing. Notices mailed as aforesaid shall be deemed given at the earlier of three (3) days after the date of such mailing or upon the date of receipt. 25. Recording. If Landlord or Tenant requests, the parties shall execute and acknowledge a short form of lease for recording purposes, which short form of lease shall be recorded at the expense of the party requesting the same, which party shall pay any documentary transfer tax or other special tax or assessment associated with, or triggered by, such recording. If Tenant so requests, Tenant shall escrow with Landlord's counsel an executed release and waiver with respect to this Lease and any such memorandum, with instructions to file the same upon the expiration or earlier termination of the Term. 26. Signs. Tenant shall have exclusive exterior and interior sign rights for the Premises subject to the terms of this Lease and shall have the right to erect and display signs on the Premises and on such other areas of the Premises as Tenant reasonably may request, subject only to compliance with applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction, specifically, Tenant shall consult with the Meridian Planning Department, make any necessary application, and comply with all requirements. 27. Dispute Resolution. 27.1 Good Faith. Except for a Tenant Default under this Lease, the parties shall attempt in good faith to resolve any controversy arising out of or relating to this Lease promptly by negotiations between authorized representatives of the parties begun by written notice from one party to the other. 27.2 Mediation. Except for a Tenant Default, if the controversy has not been resolved within thirty days of the date of written notice thereof under subsection 1, either party may, but is not required to, initiate mediation of the controversy or claim in accordance with American Arbitration Association Real Estate Industry Mediation Rules. BUILDING TEASE, 33 EAST TDAHo AVENUE, MERIDIAN - 11 28. Attorney Fees. If suit or action is instituted in connection with any controversy arising out of this lease, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees at trial, on petition for review, and on appeal. 29. Miscellaneous. 29.1 Entire Agreement. This Lease: (i) contains the entire agreement between the parties and no promise, representation, warranty, covenant, agreement, or understanding not specifically set forth in this Lease shall be binding upon either party; (ii) may not be amended, modified, or supplemented in any manner except in writing signed by the parties; (iii) shall be construed and governed under the laws of the state where the Premises are located; (iv) shall not be construed more stringently in favor of one party against the other regardless of which party has prepared the same; (v) shall be binding upon, and inure to the benefit of, the parties and their respective heirs, executors, administrators, personal and legal representatives, successors, and permitted assigns; (vi) shall not be binding until this Lease shall be executed and delivered by the parties, to each other; and (vii) may be executed in counter parts, each of which shall be deemed an original, but which all together constitute the same instrument. 29.2 Authorization. of Parties. Any person executing this Lease on behalf of a corporation, trust, or partnership represents and warrants that such person is authorized to execute and deliver this Lease on behalf of the entity. 29.3 Non -waiver. The failure of either party to insist upon strict performance of any provision of this Lease shall not be deemed a waiver of any rights or remedies at any other time. 29.4 Headings. Headings are for convenience only and are not a part of this Lease. 29.5 Invalidity of Terms. The invalidity or unenforceability of any term or provision shall not affect the validity or enforceability of the remainder of this Lease. 29.6 Additional Requirements. The parties agree to obtain, execute, deliver, and file such additional documents, instruments, and consents as may be reasonably requested by either party, at the sole cost and expense of the requesting party, in order to fully effectuate the terms and conditions of this Lease. 23.7 City Contacts. Building Maintenance Requests, Request for TI approval and other Physical Plant Issues: Max Jensen, Capital Projects Manager, 208-489-0344. miensen@meridiancity.org Lease Administration: Brenda Sherwood, Economic Development Administrator. 208- 489-0537. bsherwood@meridiancity.org BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 12 IN WITNESS WHEREOF, the parties have caused this Lease to be duly executed by each of their respective authorized representatives effective as of the date referred to in the Preamble hereof. � 9PDRA 1d1 04.90 0 ATTEST By: CAay Co s, City Clerk LANDLORD: City of Meridian y.• Mayor Tam Weerd TENANT: New Ventures Lab, Inc By"-�� Rick Ritter, Lab Director EU(LDING LEASE, 33 EAST 1DAHo AVENUE, MERIDIAN - 13 Meridian City Council Meeting DATE: September 19, 2017 ITEM NUMBER: 6Y PROJECT NUMBER: ITEM TITLE: Revised Building Lease for New Ventures Lab, Inc for 33 E. Idaho Avenue, Meridian, Idaho MEETING NOTES rte✓ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BUILDING LEASE FOR NEW VENTURES LAB 33 EAST IDAHO AVENUE, MERIDIAN THIS BUILDING LEASE ("Lease") is made thisday of September 2017, between The City of Meridian, an Idaho Municipal Corporation ("L-4 and New Ventures Lab, Inc. ("Tenant"). Landlord and Tenant may be referred to collectively as the "Parties." WHEREAS, New Ventures Lab Inc is a hybrid co -working facility, idea laboratory, community engagement center and collaboration center focusing on startup organizations; and, WHEREAS, The Mission of New Ventures Lab is to accelerate Meridian's innovation based economy by connecting ideas, people, and resources to create and grow new companies; and, WHEREAS, The City of Meridian owns a facility known as the "Old City Hall" in downtown Meridian and New Ventures Lab Inc desires to utilize the City facility in furtherance of its mission and goals; and; WHEREAS, On the 26th day of May, 2015, the City Council of the City of Meridian passed Resolution No. 15-0168 which approved the existing Lease Agreement dated June 2, 2015 for a three year term through May 31, 2018, and; WHEREAS, the Parties desire make certain amendments to the terms of Lease Agreement, and; WHEREAS, the May 26" 2015 Building Lease is hereby terminated by mutual agreement of the Parties, and the uew agreement is set forth herein, NOW, THEREFORE, the Parties hereby agree as follows: 1. Demise. Landlord leases to Tenant, and Tenant leases from Landlord, the premises described in Section 2 ("Premises") for the uses set forth hereunder. 2. Premises. 2.1 Location of the Premises. The Premises are located at 33 East Idaho Avenue in the City of Meridian, County of Ada, State of Idaho and are more particularly described as follows: Portions of Ada County Parcel No. 125672000315, including the approximately 8,000 square foot building and basement located at 33 East Idaho Avenue, known as the former Meridian City Hall, along with the walkways and landscaping immediately surrounding the building. BUILDINo LEAS>✓, 33 EAST IDAHO AVENUE, MERIDIAN - I 2.2 Parking. The term "Premises" includes the parking lots on the westerly and easterly side of the building. Tenant is encouraged to cooperate with other downtown parking users to accommodate the parking needs of others to the extent that such accommodation does not interfere with Tenant's parking needs. Tenant may post signs at the entrances to the parking lots with reasonable use restrictions. The inclusion of the parking lots as part of the leased Premises does not grant Tenant the authority to issue parking tickets or have vehicles towed, impounded, or immobilized. Landlord does not intend to exercise its parking enforcement authority on the Premises unless a City Code violation exists. 2.3 Exclusions from "Premises." .2.3.1. The Premises exclude the public park known as the "Cox Monument" located at the corner of Meridian Road and E. Idaho Avenue. The bench, picnic table, picnic shelter and water feature are amenities available for use by Tenant and members of the general public. 2.3.2 Landlord will be using the locked "vault" room inside the building for Landlord's exclusive use for storage of building maintenance items. 3. Term. Beginning on June 1, 2017, the Premises shall be leased to Tenant on successive three (3) month terms, subject to either Parry's unilateral right to terminate upon thirty (30) day notice. 4. Rent. 4.1 Based on the mutual consideration set forth in the Preamble to this Agreement, Tenant shall not be charged monetary rent, 4.2 As additional consideration for continued waiver of monetary rent, Tenant shall be required to make a presentation on a quarterly basis to the Meridian City Council regarding activities on the Premises and their benefit to the Meridian community. 4.2.1 The first quarterly presentation shall be at the City Council Workshop Meeting at Spm on September 12, 2017. This presentation shall report on activities during June, July and August of 2017. 4.2.2 Landlord shall schedule successive quarterly presentations on behalf of Tenant at the City Council Workshop meeting (currently the second Tuesday) in December, March, June, and September of every calendar year until such time that this Lease has Terminated. 5. Use. 5.1 Permitted Use. The Premises shall be used for professional office space of the New Ventures Lab, Inc and ancillary uses consistent with its mission and for no other purpose without the prior written consent of Landlord. Tenant shall in such use of the Premises, at Tenant's expense, take all actions to comply with all laws, rules, regulations, requirements, and BUILDING LEASE, 33 EAST IDAHo AVENUE, MERIDIAN - 2 ordinances existing or hereafter enacted or imposed by any governmental authority having jurisdiction over the Premises, Landlord, or Tenant, applicable to Tenant and Tenant's use of the Premises. Tenant must secure a Certificate of Zoning Compliance (CZC) and a Certificate of Occupancy (CO) from the City of Meridian before occupying the premises. The use of the roof of the building by the Meridian Development Corporation for the downtown Meridian wireless network is also a Permitted use. The use of the roof for any other purpose shall require the prior written consent of Landlord. 5.2 Restrictions. In no event shall Tenant use the Premise for the following: (a) Any public or private nuisance; (b) Any obnoxious odor; (c) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness, or loudness; (d) Any noxious, toxic, caustic, or corrosive fuel or gas; (e) Any dust, or dirt, in excessive quantities; (f) Any heavy assembly, heavy manufacture, distillation, refining, smelting, agriculture, or mining operations. (g) Any tattoo parlors, massage parlors, bars, taverns, cocktail lounges(h) Any use not allowed under City of Meridian zoning ordinances, as they may be amended from time to time. 6. Taxes. 6.1 Personal Property Taxes. Tenant shall be liable for all taxes levied against any leasehold interest of Tenant or personal property and trade fixtures owned or placed by Tenant in the Premises. Tenant, at its sole expense, may contest the amount of personal property taxes. 6.2 Real Property Taxes. At the time of execution of this Lease, the Premises are exempt from real property taxes. In the event that the Ada County Assessor determines that the premises should be subject to real property taxes, Tenant shall be solely liable for all taxes levied against the real property. Tenant, at its sole expense, may contest the levy and/or amount of real property taxes. 7. Utilities. During the Term, Tenant shall make arrangements for the provision of and pay for all utility services consumed by Tenant upon the Premises and for any utility connection or hookup fees, including, without limitation, water, sewer, garbage collection, gas, electricity, cable, internet, and telephone services. As used in this paragraph, the term "water" refers to the service to the Premises provided by the City of Meridian at a single point metered connection BUILDING LEASE, 33 EAST IDAHo AVENUE, MERIDIAN - 3 and includes water that serves the irrigation system surrounding the building and other portions of the entire legal parcel. Water used for irrigation of landscaping from this point of connection shall be considered "consumed" by Tenant. Tenant acknowledges that the point of connection includes water that irrigates not only the landscaping immediately surrounding the Premises, but also includes water for irrigation of the Cox Memorial which is not included in the Premises as defined in this Agreement. Tenant's payment for the portion of the water that irrigates landscaping not necessarily included in the Premises is considered part of Tenant's consideration for the benefits received under this Agreement. Landlord agrees to work with Tenant on efforts to maximize the efficiency of the existing irrigation system. To the extent that any utility services supplied to the Premises are billed directly to Landlord, Tenant shall reimburse Landlord, within thirty (30) days after Landlord's delivery to Tenant of an invoice therefor, for that portion of such utility services which is attributable directly to Tenant's use of the particular utility service. Landlord may, in its sole discretion and expense, contract for fire alarm monitoring and associated communication lines. S. Tenant's Interior Cosmetic Improvement Work. After receiving Landlord's prior written approval Tenant may make approved cosmetic modifications to the interior of the Premises including but not limited to painting and minor wall repair, wall coverings, decorating, and the like. 9. Tenant Improvement Work. 9.1 Tenant Improvements. If Tenant desires to improve, alter or renovate the Premises to adapt the same for the conduct of its business operations, written permission must first be received from Landlord. Because the Premises is considered a "Public Work" under Idaho Law, any approved Tenant Improvements under this Agreement must be performed by Landlord or Landlord's public works contractors using Landlords internal processes and procedures. Any improvements, alterations and renovations to the Premises by Tenant pursuant to this Subsection shall remain on the Premises upon the expiration or earlier termination of this tease. The cost of any improvements performed under this subsection shall be borne by Tenant according to terms agreed upon in writing prior to commencement of any work. 10. Trade Fixtures; Personal Property. Tenant, at its sole cost and expense, has the right, but not the obligation, to install, use, replace, and remove its trade fixtures and personal property, such as, without limitation, telephone, and other communications equipment, machinery and office furniture. Upon the expiration of the Term or the earlier termination of this Lease, Tenant has the right to remove such trade fixtures and personal property from the Premises, provided that Tenant shall be responsible to pay Landlord for all costs associated with the repair of any and all damage to the Premises resulting from such removal. 11. Repairs and Maintenance. 11.1 Landlord's Obligations. The following shall be the responsibility of Landlord: 11.1.1 Repairs and maintenance of the roof and gutters, exterior walls (including painting), bearing walls, structural members, floor slabs, and foundation. BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 4 11.1.2 Repair of sidewalks, driveways, curbs, parking areas, and areas used in common by Tenant and Landlord. 11.1.3 Repair and maintenance of exterior water, sewage, gas, and electrical services. 11.1.4 Repair and maintenance of the heating and air conditioning system o. 11.1.5 Maintenance of all exterior landscaping on the Premises. 11.1.6 Maintenance of adjacent sidewalks, with the exception of snow removal which shall be Tenant's responsibility. 11.2 Tenant's Obligations. The following shall be the responsibility of Tenant 11.2.1 Reimburse Landlord for the repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures, switches, and wiring and plumbing in the Premises. 11.2.2 Reimburse Landlord for any repairs necessitated by the negligence of Tenant, its agents, employees, and invitees, including repairs that would otherwise be the responsibility of Landlord under this Section. 11.2.3 Reimburse Landlord for any repairs or alterations required under Tenant's obligation to comply with any applicable laws and regulations. 11.2.4 Snow Removal from the Premises (Including adjacent Sidewalks and Parking Lots). 11.2.5 Routine cleaning and custodial services. 11.3 Landlord's Interference with Tenant. In performing any repairs, replacements, alterations, or other work performed on or around the Premises, Landlord shall not cause unreasonable interference with the use of the Premises by Tenant. Tenant has no right to any claim against Landlord for any inconvenience or disturbance resulting from Landlord's activities performed in conformance with the requirement of this Section. 11.4 Reimbursement for Repairs and Maintenance Assumed. If either party fails or refuses to make repairs and/or perform maintenance as required by this Section, the other party may make repairs and charge the actual costs of repairs to the first party. Such expenditures by either party shall be reimbursed by the other on demand together with interest thereon at the rate of 9% per annum from the date of expenditure. Except in an emergency creating an immediate risk of personal injury or property damage, neither party may perform repairs or maintenance that is the obligation of the other party and charge the other party for the resulting expense unless at least 10 days before work is commenced, and the defaulting party is given notice in writing outlining with reasonable particularity the repairs required, and such party fails within that time to initiate such repairs in good faith. BUILDING LEASE, 33 EAST TDAHo AVENUE, MERIDIAN - 5 12. Insurance. 12.1 Landlord's Insurance. Landlord shall procure and maintain during the Term, Fire, Windstorm, and Extended Coverage Insurance (with additional perils to be covered at Landlord's option) on the Building, the Premises and the Common Area in amounts not less than one hundred percent (100%) of the replacement cost above the foundations 12.2 Tenant's Personal Property. Tenant shall have responsibility for obtaining, if desired, insurance on Tenant's personal property, whether owned, rented, leased, or borrowed. Tenant expressly waives any claim against Landlord for any Ioss or damage to Tenant's personal property unless such loss or damage results from Landlord or Landlord's agents or employees negligence. 12.3 Tenant's Commercial General Liability Insurance. At all times during the Term, Tenant, at its sole cost, shall maintain in full force and effect a commercial general liability insurance policy for the Premises, covering personal injury, death, and property damage. Such insurance shall be for an amount no less than $500,000 per occurrence/$1,000,000 per aggregate. Such insurance policy shall name both Landlord and Tenant as insureds, as their interests may appear. Tenant shall require all sub -tenants to maintain liability coverage which will insure Tenant and City against liability for injury to or death of persons or loss or damage to property occurring as a result of the sub -tenant's use of the Premises. City shall be named as an additional insured under the sub -tenant's policy. Tenant's liability insurance will also include the broadest available form of contractual liability coverage that will provide coverage to the maximum extent possible of Tenant's indemnification obligations under this Lease. 12.4 Worker's Compensation and Employer Liability Coverage. Tenant will procure and maintain worker's compensation insurance as required by law. 12.5 Evidence of Insurance. Tenant shall, within 30 days of first occupancy and at any time upon request, provide Landlord with adequate evidence of the continued existence of applicable insurance coverage which shall contain an agreement by the insurer that such insurance coverage shall not be modified or canceled without delivery of at least thirty (30) days' written notice to Landlord. 12.6 Tenant Invalidation. Tenant shall not do or permit anything to be done which invalidates any such insurance policies required by this Lease. 13. Damage or Destruction; Repair and Restoration. In the event that the Premises shall be damaged or destroyed by fire, or other casualty, Tenant promptly shall deliver to Landlord notice thereof. If the damage or destruction resulted from risk required to be insured pursuant to the terms of this Lease, and unless terminated, this Lease shall remain in full force and effect, and Landlord, shall promptly repair the damage or destruction and restore the Premises to substantially that condition existing immediately prior to such damage or destruction. If Tenant remains in occupancy of the Premises, Landlord shall exercise such repair and restoration efforts in a manner so as not to interfere unreasonably with the use and occupancy of the Premises by BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 6 Tenant for the conduct of its business operations. Until the completion of Landlord's repair and restoration pursuant to this Section, Tenant's obligations hereunder shall abate as of the date of the damage or destruction. 14. Rights of Termination. Landlord and Tenant shall each have a right to terminate this Agreement upon thirty (30) days written notice. 15. Tenant's Default; Landlord's Remedies. 15.1 Tenant Default. Any of the following events shall constitute a default of this Lease by Tenant (a "Tenant Default"): 15.1.1 Failure of Tenant to report on activities every three months pursuant to Section 4 of this Agreement; and 15.1.2 Vacating or abandonment of all or a substantial part of the Premises. 15.1.3 Failure of Tenant to comply with any provision of this Lease, with such failure continuing for 5 days after delivery of a written notice by Landlord to Tenant specifying the nature of non-compliance by Tenant. However, if the nature of Tenant's default is such that it cannot be reasonably cured within the time provided, Tenant shall not be in default if Tenant commences to cure the default within the time provided and thereafter diligently proceeds to cure such default. 15.1.4 The making of an assignment or general arrangement for the benefit of creditors by Tenant or any guarantor of Tenant's obligations under the Lease. 15.1.5 The filing of a petition under the Federal Bankruptcy Act or any similar law or statute of the United States or any state thereof by Tenant or any guarantor of Tenant's obligations under this Lease. Or, the failure of the dismissal, within 30 days after the filing of any involuntary petition of bankruptcy or insolvency against Tenant or guarantor of Tenant's obligations. 15.1.6 The appointment of a receiver or trustee for all or substantially all the assets of Tenant or any guarantor of Tenant's obligations under this Lease. Such receivership shall not have been terminated or stayed within the time permitted by law. 15.1.7 The attachment, execution or other judicial seizure of substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease where such seizure is not discharged with thirty (30) days. 15.2 Landlord's Remedies. In the event of a Tenant Default, Landlord shall have the option to exercise one or more of the following rights and remedies: To terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord. In Tenants shall fail to do so, Landlord may enter upon the Premises without notice and again have, repossess and enjoy the same as if this Lease had not been made, and all Terms, conditions, covenants and obligations of this Lease on the part of BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 7 Landlord to be performed shall cease and terminate, without prejudice and to pursue all other rights and remedies to which Landlord may be entitled hereunder, at law or in equity. 16. Landlord's Default; Tenant's Remedies. In the event of any failure by Landlord to perform any term, condition, covenant or obligation of this Lease on the part of Landlord to be performed within thirty (30) days after the date on which Landlord receives from Tenant notice specifically describing such failure, Tenant (in addition to all other remedies to which Tenant may be entitled under this instrument or at law or in equity) may immediately terminate this Lease. 17. Warranties and Representations. 17.1. Compliance with Laws. 17.1.1 Landlord's Improvement Work. 17.1.1.1 Landlord warrants and represents that Landlord's Improvement Work shall be done in a good and workmanlike manner and comply with all laws, ordinances and requirements, including without limitation the procuring of all building and other permits, licenses, approvals and certificates of occupancy and the observance of applicable building, zoning and other code requirements of governmental authorities with competent jurisdiction, in effect at the time the work was completed, or the certificate, license or approval was issued with respect to Landlord's Improvement work. 17.1.1.2 If any improvements, alterations or renovations to the Premises shall be required by any law, ordinance or requirement of any governmental authority with competent jurisdiction, then Landlord, at its sole cost and expense, shall perform such improvements, alterations or renovations in a timely manner, provided that if, but only if, such improvements, alterations or renovations are required because of Tenant's specific use of the Premises, Tenant shall reimburse Landlord for the cost thereof. 17.2 Warranty of Title and Authority. Landlord warrants and represents that: (a) Landlord is the fee simple owner of the Premises with full authority to execute, deliver and perform this Lease; and (b) as of the date of this Lease there are no liens or encumbrances against the Premises. Tenant, at its sole cost and option, may procure title insurance. 17.3 Hazardous and Toxic Conditions. 17.3.1 Landlord's Warranties. Landlord warrants and represents that the Premises do not contain any material classified as toxic or hazardous under applicable federal, state and local laws, ordinances and requirements of governmental authorities with competent jurisdiction. If a toxic or hazardous condition not caused by Tenant is discovered on the Premises, then (i) Landlord shall: (a) promptly give Tenant written notice of such condition; and (b) immediately cause such toxic or hazardous condition to BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 8 be cleaned up and brought into compliance with applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction and, (ii) Landlord agrees to indemnify Tenant pursuant to the provisions of this Lease against any Losses as defined herein incurred by Tenant arising out of any such newly discovered toxic or hazardous condition and/or arising out of any condition disclosed by Landlord and/or existing on the date of execution of this Lease by both parties. 17.3.2 Tenant's Duty. If a toxic or hazardous condition is discovered on the Premises and is caused by Tenant, then (i) Tenant shall: (a) promptly give Landlord written notice of such condition; and (b) immediately cause such toxic or hazardous condition to be cleaned up and brought into compliance with applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction and, (ii) Tenant agrees to indemnify Landlord pursuant to the provisions of this Lease hereof against any Losses as defined herein incurred by Landlord arising out of any such Tenant -caused toxic or hazardous condition. 17.3.3 Tenant's Warranties. Tenant covenants and agrees that it shall not conduct hazardous activities or operations on or about the Premises or store or handle liquids or materials hazardous to human health or to the environment on or about the Premises except materials in transit, which are customarily transferred or handled in Tenant's business. At all times during the Term, Tenant shall exonerate, protect, defend, indemnify and hold Landlord harmless from and against any and all losses, damages, claims, suits or actions, judgments and costs, including reasonable attorneys fees, arising out of Tenant's breach of the covenant set forth in this Section in accordance with the provisions of this Lease. 17.4 Prior Usage of Premises. Landlord has no knowledge that the past uses of the Premises have included any storage, treatment, recycling or disposal of waste on the Premises, except for storage of trash in containers in compliance with applicable federal, state and local laws, ordinances and other requirements of governmental authorities with competent jurisdiction, which containers have been removed from the Premises and from which there has been no release of Hazardous Substances. 18. Broker's Commission. Landlord and Tenant each warrants and represents for the benefit of the other that it has not dealt with any real estate broker, finder or agent in connection with this Lease. 19. Landlord's Right of Entry. Landlord may enter upon the Premises as often as Landlord may deem reasonably necessary for the purposes of performing maintenance and repairs, inspecting the Premises, offering the Premises for lease or offering the Premises for sale. Landlord's right of entry shall be exercised in a manner and at times such that there shall be no unreasonable interference with the use and occupancy of the Premises by Tenant for the conduct of its business operations. Landlord may place customary "For Sale" signs on the Premises and may place "For Lease" signs on the Premises. 20. Mutual Indemnification. Each parry (the "Indemnitor") agrees to indemnify, to the extent allowed by law, defend and hold the other party (the "Indemnitee") harmless from and BUILDING LEASE, 33 EAST IDAHo AVENUE, MERIDIAN - 9 against any and all losses, damages, claims, suits, actions, judgments, liabilities and expenses, including, without limitation, environmental damages and remediation expenses, reasonable attorneys' fees (collectively, "Losses"), arising out of, or with respect to: (a) any breach of any warranty or representation or any covenant or agreement of the Indemnitor under this Lease; or (b) any injury to, or death of, persons and/or any damage to, or destruction of, property, on or about the Premises and attributable to the negligence or misconduct of the Indemnitor, or its officers, employees, agents, contractors or invitees, except for any such breach, any injury or death or any damage or destruction arising out of, or with respect to, the negligence or misconduct of the Indemnitee, or any of its officers, employees, agents, contractors or invitees, or as otherwise specifically provided in this Lease; provided, however, that the indemnification obligation created by this Section shall be expressly conditioned upon the Indemnitee (i) delivering to the Indemnitor prompt notice of any event giving rise to such indemnification obligation and (ii) providing the Indemnitor the opportunity to defend itself from and against any Losses. 21. Transfers. 21.1 Assignment and Subletting. Except as provided in this Section, Tenant shall not assign this Lease without the consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have the right, without the consent of Landlord, to sublet any portion of the Premises to Members and Residents of the New Ventures Lab for the purposes set forth in this Lease. Absent the written agreement of Landlord, no assignment of this Lease or subletting of all or any portion of the Premises shall relieve Tenant of any of the Terms, conditions, covenants and obligations of this Lease on the part of Tenant to be performed. Tenant's sublease agreement shall require sublessees to comply with the terms, conditions, covenants, and obligations of this Lease. 21.2 Notice of Sale. If Landlord sells the Premises, Landlord shall inform Tenant by notice under as according to the procedures required under this Lease. 22. Quiet Enjoyment. As long as Tenant is in compliance with all provisions of this Lease, Tenant shall be entitled to the peaceful and Quiet possession of the Premises free from any interference or disturbance by Landlord. This provision is subject to mortgages, ground leases, encumbrances, or other interests to which this Lease is subordinate. 23. Surrender of Premises. Upon the expiration or earlier termination of the Term, Tenant shall deliver up and surrender the Premises to Landlord in as good order and condition as upon Tenant Possession Date, subject to: (a) Tenant's improvements, alterations and renovations to the Premises, including without limitation Tenant's Improvement Work; (b) normal wear and tear; (c) damage by fire, explosion or other casualty; (d) repairs and restoration for which Tenant shall not be responsible hereunder; and (e) Tenant's removal of its trade fixtures. BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 10 24. Notices. For the purposes of all notices and communications hereunder, all notices shall be sent to: LANDLORD: City Clerk 33 East Broadway Meridian ID 83642. TENANT: New Ventures Lab, Inc 33 E. Idaho Avenue Meridian, ID 83642 All notices under this Lease shall be in writing and delivered in person or sent by U.S. Mail, postage prepaid, or sent by recognized overnight courier i.e. federal express, to Landlord and to Tenant at the addresses set forth in this Agreement (except that, after the Lease commences, any such notice may be so mailed or delivered by hand to Tenant at the Premises), or to such other addresses as may from time to time be designated by any such party in writing. Notices mailed as aforesaid shall be deemed given at the earlier of three (3) days after the date of such mailing or upon the date of receipt. 25. Recording. If Landlord or Tenant requests, the parties shall execute and acknowledge a short form of lease for recording purposes, which short form of lease shall be recorded at the expense of the party requesting the same, which party shall pay any documentary transfer tax or other special tax or assessment associated with, or triggered by, such recording. If Tenant so requests, Tenant shall escrow with Landlord's counsel an executed release and waiver with respect to this Lease and any such memorandum, with instructions to file the same upon the expiration or earlier termination of the Term. 26. Signs. Tenant shall have exclusive exterior and interior sign rights for the Premises subject to the terms of this Lease and shall have the right to erect and display signs on the Premises and on such other areas of the Premises as Tenant reasonably may request, subject only to compliance with applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction, specifically, Tenant shall consult with the Meridian Planning Department, make any necessary application, and comply with all requirements. 27. Dispute Resolution. 27.1 Good Faith. Except for a Tenant Default under this Lease, the parties shall attempt in good faith to resolve any controversy arising out of or relating to this Lease promptly by negotiations between authorized representatives of the parties begun by written notice from one party to the other. 27.2 Mediation. Except for a Tenant Default, if the controversy has not been resolved within thirty days of the date of written notice thereof under subsection 1, either party may, but is not required to, initiate mediation of the controversy or claim in accordance with American Arbitration Association Real Estate Industry Mediation Rules. BUILDING TEASE, 33 EAST TDAHo AVENUE, MERIDIAN - 11 28. Attorney Fees. If suit or action is instituted in connection with any controversy arising out of this lease, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees at trial, on petition for review, and on appeal. 29. Miscellaneous. 29.1 Entire Agreement. This Lease: (i) contains the entire agreement between the parties and no promise, representation, warranty, covenant, agreement, or understanding not specifically set forth in this Lease shall be binding upon either party; (ii) may not be amended, modified, or supplemented in any manner except in writing signed by the parties; (iii) shall be construed and governed under the laws of the state where the Premises are located; (iv) shall not be construed more stringently in favor of one party against the other regardless of which party has prepared the same; (v) shall be binding upon, and inure to the benefit of, the parties and their respective heirs, executors, administrators, personal and legal representatives, successors, and permitted assigns; (vi) shall not be binding until this Lease shall be executed and delivered by the parties, to each other; and (vii) may be executed in counter parts, each of which shall be deemed an original, but which all together constitute the same instrument. 29.2 Authorization. of Parties. Any person executing this Lease on behalf of a corporation, trust, or partnership represents and warrants that such person is authorized to execute and deliver this Lease on behalf of the entity. 29.3 Non -waiver. The failure of either party to insist upon strict performance of any provision of this Lease shall not be deemed a waiver of any rights or remedies at any other time. 29.4 Headings. Headings are for convenience only and are not a part of this Lease. 29.5 Invalidity of Terms. The invalidity or unenforceability of any term or provision shall not affect the validity or enforceability of the remainder of this Lease. 29.6 Additional Requirements. The parties agree to obtain, execute, deliver, and file such additional documents, instruments, and consents as may be reasonably requested by either party, at the sole cost and expense of the requesting party, in order to fully effectuate the terms and conditions of this Lease. 23.7 City Contacts. Building Maintenance Requests, Request for TI approval and other Physical Plant Issues: Max Jensen, Capital Projects Manager, 208-489-0344. miensen@meridiancity.org Lease Administration: Brenda Sherwood, Economic Development Administrator. 208- 489-0537. bsherwood@meridiancity.org BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 12 IN WITNESS WHEREOF, the parties have caused this Lease to be duly executed by each of their respective authorized representatives effective as of the date referred to in the Preamble hereof. � 9PDRA 1d1 04.90 0 ATTEST By: CAay Co s, City Clerk LANDLORD: City of Meridian y.• Mayor Tam Weerd TENANT: New Ventures Lab, Inc By"-�� Rick Ritter, Lab Director EU(LDING LEASE, 33 EAST 1DAHo AVENUE, MERIDIAN - 13 Page 1 Memo To: C.J Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Laurelei Mcvey/PM Date: 9/14/2017 Re: September 19th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 19th City Council Consent Agenda for Council’s consideration. Approval of Contract Amendment No. 2 to extend the contract for “Poly-Aluminum Chloride” to Kemira Water Solutions in the Not-To-Exceed amount of $60,000.00. Recommended Council Action: Approval of Contract Amendment to Kemira Water Solutions for the Not-To-Exceed amount of $60,000.00 . Thank you for your consideration. City of Meridian Purchasing Dept. CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $60,000 Laurelei McVey If yes, has policy been purchased? Kemira III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3510 52015 TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) Low Bid N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Laurelei McVey 8/31/2017 September 14, 2017 N/A I. PROJECT INFORMATION 5/4/2017 4/1/2018 N/A FY18 8/31/2017 PW Wastewater FY18 PAX14- Contract Extension V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A N/A N/A GOODSTANDING N/A N/A 04, 14?�tti i) CITY OF MERIDIAN CONTRACT AMENDMENT No 2 KEMIRA WATER SOLUTIONS, INC, For POLY -ALUMINUM CHLORIDE SOLUTION CONTRACTOR NAME: DE=PARTMENT NAME: _ Kemlra Water Solutions, Inc. Wastewater ADDRESS; 4111 W& St ADDRESS: '3244-Gllnteri-Rar4way--Court Lawrence, � 3401 N T t Mile Rd twrence; K-6oDA7 Meridlai D 83642 p �+ CURRENT C aNTRACT INFf RMATION: Contract Name: Poly -Aluminum Chloride Solution Protect No. 10317 Previous Amendment Data; 1 03/ L Previous Amendments: 1 Current Contract Dates; START; October 1. 201f COMPLETION: September 90.2017 Current Contract Amount (lncluslvo ofPrevfous Amendments to gate): $131,236,00 AMENDMENT7O EXERCISE OPTION TO RENEW (Check afl thaL6pM, Amendment to Contract Performance .X Amendment to Contract Dates X Amendment to Contract Amount _ _ Olher, (Explain) DE§GRIPTION OF REASON FOR AMENDME=NT: (Attach al! relevant documentation detaUln aam�ndment): The City of Meridian Is opting to extend this contract for an additional one year, This Is the first year of the three (3) one year optional extensions, Kemira Water Solutions will guarantee product at ,2.8511b for an additional 12 months, Pricing Includes service if needed. See attached email, NEW CONTRACT INFORMATION: Amendment Dato: 01812017 NoW Contract Dates: START; 00(ober 1, 2017 COMPLETION: _September 30 2018 _ Amount of Amendment Change $ 60.000.00 Current Contract Amount (inclusive of Previous Amendments to Date): $ iJ7.235 00 ALL OTHER TERMS AND CONb.ITlONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORGE AND EFFECT, CITY OF M BY: TAMMY de WIFYU, MAYOR Dated: Council Approval Date: q1 / l (l �6,V QORATEOgG Attest: C. JA CLERK GOA CGS jDrA14 1V� i SEAL KEMI �tlVi� SOL�ITIONS, NC �Y: Dated: Approved by Clty as to Content BY: KSI WAR ASING MANAGER Kemtra Where water meets chemi€try rN August 31, 2ol7 Gino Horri: Administrotive Assistqnt City of Meridion Public Worhs Deportment - Wostewoter DiuiJion 34ol N. Ten Mlle Ave. Meridiqn, lD. 83646 RE: PAX-14 Renewol Desr Ginq, Thonh you for ollowing us to renew our current controct. Pleqse be oduired thot Kemlro ir in qgreement to renew our current controct ot the sqme terms, conditlons qnd price of $o.28511b, effectiue October l, 2ol7 through September 30, 2018. lf you should hove ony questions regording thit renewol pleose contoct m e cfi 40.3-461-6746, Thonh you for the business, Millott Senior Account Monoger Kemiro Industry & Woter ly Kemlra Oyj P.O.Box 330 (Po*katankatu 3) Fl00t01 HebhH Flnl€nd Enrope, Middie-Easl and Alrtca Tel +358 10 8611 Asla-Paclfic Iel +86 21 6037 5989 Amerlcaa No h Amerlca lal +'177O 136 1542 Soulh Amsrica Tel +55 11 2189 4000 AGREEMENT FOR SUPPLIES POLY -ALUMINUM CHLORIDE SOLUTION THI$.AGREEMENT FOR EQUIPMENT/ SUPPLIES PROCUREMENT is made this of,2015 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Kemira Water Solutions Inc, hereinafter referred to as "SUPPLIER", whose business address is 4321 W. 6�St., Lawrence, KS 66049. INTRODUCTION Whereas, the City has a need for services involving the procurement of POLY -ALUMINUM CHLORIDE SOLUTION; and WHEREAS, the Supplier is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Equipment / Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment and/or supplies to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the document titled "Supply Specifications & Requirements" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 The Supplier shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Supplier represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Supplier and any reports or opinions prepared or issued as part of the work performed by the Supplier under this Agreement, Supplier makes no other warranties, either express or implied, as part of this Agreement. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 1 of 12 2. Consideration 2.1 The Supplier shall be compensated on a per pound basis (Not -To -Exceed $77,235.00 in Fiscal Year 2016) as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Supplier shall provide the City with a detailed monthly statement detailing all deliveries for the month, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2016 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 The City reserves the right to extend the resulting contract for up to three (3) additional one year terms from the date of expiration, provided such extension is mutually agreeable to both parties. Any such extension must be in writing in the form of a Contract Amendment and executed by both parties. Pricing is firm fixed and shall be held through the life of the agreement. 3.3 The City reserves the right to extend the Agreement based on the terms and conditions of the Invitation for Bid Document and Specifications for up to three years from the date of expiration, provided such extension is mutually agreeable to both the City and the Supplier. 3.4 Should Supplier default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Supplier. 3.5 Should City fail to pay Supplier all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Supplier, at the Supplier's option, POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 2 of 12 may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.6 This Agreement shall terminate automatically on the occurrence of any of the following events: a) Bankruptcy of insolvency of either party; b) Sale of Supplier's business; or c) Death of Supplier 4. Termination: 4.1 If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. SUPPLIER may terminate this agreement at anytime by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by SUPPLIER under this Agreement shall, at the option of the CITY, become its property, and SUPPLIER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. Independent Supplier: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent supplier, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, Supplier has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 3 of 12 5.2 Supplier, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent suppliers and not as employees of the City. 5.3 Supplier shall determine the method, details and means of performing the work and services to be provided by Supplier under this Agreement. Supplier shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Supplier in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 6. Indemnification and Insurance: 6.1 SUPPLIER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Supplier or Supplier's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Supplier begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 4 of 12 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Supplier shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Supplier's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. 6.4 The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY SUPPLIER City of Meridian Kemira Water Solutions, Inc Purchasing Manager Attn: Christina Imbrogro 33 E Broadway Ave 4321 W. 6th Street Meridian, ID 83642 Lawrence, KS 66049 208-888-4433 Phone: 800-879-6353 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 5 of 12 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Work required herein, SUPPLIER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Supplier shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 6 of 12 16. Quantities: The quantity listed in Exhibit A are estimates only, based upon current known requirements, and not a guarantee to purchase and are subject to increase or decrease within the contract period. Any increase or decrease will be governed by the same terms and conditions of this Agreement. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Order of Precedence: The order or precedence shall be this contract agreement, the Invitation for Bid document, and successful bid document. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Public Records: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Supplier may be open to public inspection and copying unless exempt from disclosure. The Supplier shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The City will not accept the marking of an entire document as exempt. In addition, the City will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Supplier shall indemnify and defend the City against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Supplier's failure to designate individual documents as exempt. The Supplier's failure to designate as exempt any document or portion of a document that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any such release. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 7 of 12 24. Approval Required., This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN KEMIRAWATER SOLUTIONS, INC fit Vogt TAMMYe-'*Er,MAYOR Dated: _ ' I Approved by Council: 1-1 ' Cusfamer Service Manager Dated:. til r i �Cityof s DTAN — lbAtltl 1 HOLMAN, CITY d. ARK SEA T-. Purchasing Approval, ` `' ",' BY: KEi , urch sing Manager Dated:: / _ Department Approval BY:: LAURELEI MCV1EY, WW Superint6ndent Dated:: I/ 0 A a�- POLY-ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 8 of 12 Attachment A Supply Specifications & Requirements The City of Meridian, referred to herein as the City, has agreed to purchase a one-year supply of Polyaluminum Chloride (PAX 14) solution that will be used for the specific purpose of limiting the growth of Microthrix Parvecella, a nuisance organism that is common to the activated sludge process. The vendor awarded the Contract is referred to herein as the Seller. The PAX 14 solution furnished shall meet the specified terms and conditions herein: Product Name: Polyaluminum Chloride Solution Chemical Family: Polynuclear inorganic Salt Formula: Al2(OH)XCI6 X 0<X>6 Synonym: Poly(aluminum hydroxy)chloride; Aluminum chlorohydrate; PAX -10; PAX -11; PAX -14; PAX -18; PAX- 28; PAX -29; PAX-XL8; PAX-XL9; PAX-XL19; PAX -XL30; PAX-XL30A; PAX-XL30C; PAX-XL31; PAX-XL31A; PAX-XL31C; PAX-XL35D; PAX-XL36, PAX-XL37;PAX-XL37A; PAX-XL37C; PAX-XL39; PAX-XL39A; PAX-XL39C; PAX-XL50; PAX-XL52; PAX-XL54; PAX-XL60; MSDS Code: PAX Acceptable Product Uses: Water treatment chemical COMPOSITION / INFORMATION ON INGREDIENTS Component CAS Number # Concentration ACGIH TWA Polyaluminum chloride 1327-41-9 8-24% 2 mg/m (as Al) WHMIS Classification: CLASS E OSHA Classification: Physical: Corrosive Health: Corrosive PHYSICAL AND CHEMICAL PROPERTIES Appearance: Clear amber or colorless Odor: Pungent chlorine -like odor Form: Liquid pH as is: 0.5-4.4 Vapor Pressure (mm Hg): ca. 18 mm Hg at 200C Boiling Point: 100 —110 0C Specific Gravity): 1.15 —1.40 @ 25 ,C Solubility (water): soluble Vapor Density (Air=1): 1.3 Percent Volatile by Vol.: N/A Freezing Point: -20 to -5 OC Characteristic Specification Unit Specific Gravity 1.33 +/- 0.02 Aluminum Oxide (AI203) 13.6 +/-0.5 % Basicity 26 +/-6 % H <1 POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 9 of 12 POLYALUMINUM CHLORIDE (PAX -14) Refer to Invitation for Bid WW -15-10317, all addendums, attachments, and exhibits included in the Invitation for Bid package # WW -15-10317, are by this reference made a part hereof. Performance Requirements: The Supplier shall demonstrate compliance with the performance requirements herein. The bid shall be based on deliveries of approximately 50,000 lbs contained in approximately 10,000 gallons bulk delivery. The expected yearly usage is as follows: • 271,000 lbs • 10,000 gallon bulk delivery The amounts are estimated and may increase or decrease over the term of the Contract but each delivery shall consist of a quantity of approximately 10,000 gallons. The Supplier shall submit a Certificate of Analysis (COA) with each delivery. The City reserves the right to conduct lab analysis on each load of Polyaluminum chloride (PAX 14) solution delivered to verify the COA. The City reserves the right to discontinue the use of Polyaluminum chloride (PAX 14) (and associated PAX 14 purchases) and to employ alternate methods of microthrix control. If the chemical delivered does not meet specifications and as a result, causes deterioration to City of Meridian owned equipment, the supplier will be responsible for replacement of said equipment and the labor costs involved with any repairs. The Supplier shall be able to supply this product, at the same performance quality and manufacturing specifications, at the volume necessary to fulfill the terms/length of the annual contract. The Supplier shall supply the City with a twenty-four (24) hour emergency phone number in the event of a chemical incident. The Supplier shall be able to provide on-site facility assistance if requested and technical support within one (1) hour of notification by the City, if required. The prices in the bid dated 8-30-2015 shall not change for the term of the Contract. The Contract will become effective upon approval by the Mayor and shall continue for a period of one year, unless terminated under terms and conditions set forth in this Agreement. The City reserves the right to extend the Contract based on the terms and conditions of the Invitation for Bid Document (WW -15-10317) and Specifications for up to three years POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 10 of 12 from the date of expiration, provided such extension is mutually agreeable to both the City and the Supplier. Polyaluminum Chloride shall be delivered by the Supplier to the City of Meridian Wastewater Treatment Facility: 3401 N. Ten Mile Road, Meridian, Idaho 83646 All shipping and delivery charges shall be paid by the Supplier and shall be included in the price. Deliveries shall be made within 7 days of the City's order and shall be made between 8:30 am and 3:30 pm, Monday — Friday, excluding holidays. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 11 of 12 Attachment B PAYMENT SCHEDULE TASK DESCRIPTION AMOUNT/LB A. Kemira PAX 14, per attached Specifications (Attachment A) Price includes shipping and delivery. .285 Total Price to include all labor, material, equipment, freight, insurance, travel, lodging, incidentals and applicable taxes. Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 12 of 12 H J U) W w 0 M CV U) t - O N M W m 2 W F- a w w W �L N W a 0 W D 0 z E J O O. lJ.l Q z c m w m z G m C O � o O N m C M v c 0 a^ d 7S rL O o C M seouejejou uaao-q soueildwo3 peusig w O 0 z w r., ACORN® �� CERTIFICATE OF LIABILITY INSURANCE 1nn016 DATE (MMIDDrn YY) 8i28i2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL_ INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 CNACT NAME: PHONE E PIC No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Liberty Mutual Fire Insurance Company 23035 4/1/2016 INSURED KEMIRA WATER SOLUTIONS, INC, 1314254 1000 PARKWOOD CIRCLE, SUITE 500 INSURER B: Insurance Company Of the State Of PA 19429 INSURER c: National Union Fire Ins Cc Pitts. PA 19445 INSURER D: Steadfast Insurance Company 26387 ATLANTA GA 30339 INSURER E: GENERAL AGGREGATE $ 10,000,000 INSURER F: COVERAGES KEMWA01 CERTIFICATE NUMBER: 13148053 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE o OCCUR X BLNKT ADDTL INS N N TB2-651-289679-015 1/1/2015 4/1/2016 EACH OCCURRENCE $ 10,000,000 DAMAGE REN PREMISESTO Ea occTurEDrence $ 100 000 MED EXP (Any one person) $ 5,000 X WAIVER OF SUB PERSONAL & ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO JECT D LOC OTHER: GENERAL AGGREGATE $ 10,000,000 PRODUCTS - COMP/OP AGG $ 10,000,000 C AUTOMOBILE X XIXX XX LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X NON -OWNED AUTOS AUTOS COMP/COL DED - $1,000 N Al CA 3788896 1 9/1.5/2015 9/15/2016 COMBINED SINGLE LIMIT $ Ea accident 11000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE $XXXXXXX Per accident $ XXXXXXX A A X UMBRELLA LIAB EXCESS LIAB X OCCUR I CLAIMS -MADE N N TL2-651-289679-032 (EXCESS AUTO LIAB) 1/1/2015 4/1/2016 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED I I RETENTION$ $ XXXXXXX B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N❑ (Mandatory in NH) U yes, describe under DESCRIPTION OF OPERATIONS below N / A N WC015626468 WC013626467 9/15/2015 9/15/2015 9/15/2016 9/15/2016 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 D POLLUTION N N EPC9384234 1/1/2015 1/1/2016 $15,000,000/EACH INCIDENT $15,000,000/AGGRAGATE DESCRIPTION. OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION 13148053 Meridian City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE a Finance Finance Office THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Broadway Ave., Ste 10 ACCORDANCE WITH THE POLICY PROVISIONS. Meridian, ID 83642 AUTHORIZED REPRESENTAT E ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for KEMIRA CHEMICALS INC. ] [ Monitor KEMIRA CHEMICALS, INC. business filingsKEMIRA ] CHEMICALS, INC. 1000 PARKWOOD CIRCLE SUITE 500 ATLANTA, GA 30339 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: GEORGIA Date of 10 May 2007 Origination/Authorization: Current Registered Agent: C T CORPORATION SYSTEM 921 S ORCHARD ST STE G BOISE, ID 83705 Organizational ID / Filing C173041 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 29 Apr 2015 Annual Report Due: May 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 10 May 2007 CERTIFICATE View Image (PDF format OF AUTHORITY View Image (TIFF format AnnualReports: [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 CHNG View Image (PDF format) View RA/RO Image (TIFF format] Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Image (PDF format) View REPORT Image (TIFF format] http://www.accessidaho.org/public/sos/corp/Cl73041.html 9/8/2015 c ACORD'CERTIFICATE OF LIABILITY INSURANCE 9t5t20t7 DATE (IItM/DDIYYYY) 3/16t20)7 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 AMENO, 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: lf lhe ce(ificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed lf SUBROGATION lS WAIVED, subject to tho terms and conditions of th6 policy, certain policies may require an endo.sement. A statement on this certificate does not confer rights to the certificate holdor in lieu of such endorsement(s). PROOUCER Lockton Comoanies 444 W.47th Streel. Suite 900 Kansas City [rO 64112-1906 (816)960_9000 INSURER A: I-i Mutual l'ire Insurance C IIISURED KEMIRA WATER SOLUTIONS, INC, t3142s4 1000 PARI(vooD ctRcLE, sutTE s00 ATLANTA GA 30339 TNSURER B : Insuraflce Company oarhe S(ale ofPA t9429 rNsuRERc: National Union Fire Ins Co Pills. PA 19445 rNsuRER D: Sleadfasr lnsurance ComDan\263 87 INSURER E : lNSURER F: EVISION NUMBE CERTIFICATE HOLDER CANCELLATION o1 5 ACORD CORPORATTON. A rig 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 AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS ANO CONOITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS THIS IS TO CERTIFY THAT THE POLICIES TYPE OF INSURANCE POLICY NU AER LIMITS E{CH OCCURRENCE t0 000 000 NTED 100 000 5 000 RSONAL & AOV INJURY $ l0 000 000 ERAL AGGREGATE $ l0 000 S. COMP/OP AGG $ 10 000 000 COMIIiERCIAL GENERAL LIABILIry CLATMS-MADE E OCcuR GEN'L AGGREGATE L]MITAPPLIES PER RI NKI' AI)DT]tNs T--.l PRo- T---] L---l JEcr L l LOCPOLICY OTHER N N 'lB2-65 | -289679-017 4/t /2017 4/l /201lJ ! COMBIN $l 000 000xBODILY INJURY (Per person)s xxxxxxx BODILY INJURY (Per a s xxxxxxxxx$ xxxxxxx C x AUToillOBILE LIABILIry OWNEO AUTOS ONLY HIRED AUTOS ONLY COMPi COLL SCHEDULED AUTOS NON-OWNEDAUIOS ONLY DED - $1,000 N N cA2968272 9,/15,/20 r 6 9/15120t7 5 XXXXXXXxEACH OCCURRENCE 000 00t)x UMBRELIA LIAB EXCESS LIAB OCCUR CLAIMS.GREGATE 000 000 OED RETENTION 5 N N TL2-651-289679-032 (EXCESS AUTO LIAB) 4i1t20t7 4jl,20 t8 $ xxxxxxx x ATUTE sl 00t)000 L OISEASE EAEMPLOYEE 00i)l AND EMPLOYERS' LIABLIry ANY PROPRIEIOfu PARTNEfu ETECL]IIVE OFF]CER]I\iIEMBER EXCLUDEOT OESCRTPIION OF OPERAI|OT,JS borov N c N wc0t 2852073 wcor2852074 9^5/2016 915/20)6 9ll5/20t 7 9t5/2017 L I 000 000I)POLLUTiON N N EPC]0t.llll r l,ll,l0l7 i,/1,/2018 $ 15,000,000/t-tAC lt INCiDI-tNt $ I 5,OOO,OOO/AGGRECATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additjon.t Rem.rts Sch.dute, may bo attached if morc .pace is rcquiEd) SHOUIO ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED EEFORE TIIE EXPIRATION OATE THEREOF. NOTICE wlLL BE DELIVEREO IN ACCOROANCE wlIH THE POLICY PROVISIONS. '13148053 Meddran Citv Finance ffi'ce 33 E. Broadway Ave.. Ste 10 Meridian. lD 83642 AUTHORIZEO REPRESENTATIVE ACORD 25 (2015/03) The ACORD name and logo are registered marks of ACORO hts reserved k 2 30',15 R C CER 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 ADVANCE AUTO PARTS trailer parts - qty 4 6.61 01 General Fund ALICE HENKE instructor fee - Zumba Gold 8/1-8/29/17 - qty 2 64.00 01 General Fund ALLEN HANUSKA magician for 2017 Community Block Party 350.00 01 General Fund AUTOMATIC RAIN CO DBA HORIZON Flex pipe, air filter cover, prefilter filter, air filter ca 51.61 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Lamp & Photo Cell on Pole 40638C 8/29/17 94.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Photo Cell on Pole 40635C 8/29/17 40.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Photo Cell on Pole# 40614C 8/29/17 40.00 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/12 sets of turnout rental for recruit academy 7,236.00 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/3 insoles for station boots 63.75 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 8/28-9/1/17 - qty 44 games 1,188.44 01 General Fund BOWERS AUTO REPAIR 220/MF017, fuel filter, spark plugs 431.83 01 General Fund BRAD WARNER Reimburse, B. Warner, Paramedic State Recertification Fee 26.75 01 General Fund BRIAN MCCLURE Per Diem, Brian Mcclure, APA Cali Conference, Sacramento CA, 160.00 01 General Fund BRICON, INC 220/repair concrete curbs, sidewalk at St. 3 & FSC 730.00 01 General Fund BROWNELLS Night Sight for Firearm - Qty 1 120.03 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Alternator and Battery for Unit # 45 556.41 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Axle, Tie-Rod, Wheel Cover, Mounting/Balance for Unit # 163 702.15 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Oil Change & Alignment on Unit#525, Invoice Error (130.00) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Visor Bracket Install on Unit# 162 - Inv Error (101.92) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Diagnose & Repair Blown Fuse on ACC Battery Unit #140 103.93 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Install Visor Bracket on Unit #162 - Credit on Inv# 75100 101.92 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Modify Radar Antenna Bracket & Sunvisor Mount for #162 85.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Alignment on Unit# 525 - Credit on Inv# 74484 130.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change & tire rotation for fleet truck 9 license C16104 60.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 128 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 151 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change for Unit # 159 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 161 55.00 Date: 9/14/17 01:27:44 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 Oil Change for Unit # 164 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change, wipers on C15920 Cargo Van 47.84 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil for Unit # 23 5.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replaced Front Rotors & Brakes for Unit # 17 338.73 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replaced Left Headlight & Light Pigtail on Unit #3 119.42 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Two Tires for Unit # 33 296.13 01 General Fund BUCKS BAGS INC 220/20 SCBA Mask bags 360.00 01 General Fund CANYON HONDA Motorcycle Helmet for J. Simon 331.46 01 General Fund CANYON TRUCK UPFITTERS vehicle truck bed for #23 fleet truck 4,224.00 01 General Fund CARL'S CYCLE SALES Motor Gear for J.Simon, Pants & Gloves 331.94 01 General Fund CARL'S CYCLE SALES Motor Jacket and Pants for J. Simon 231.99 01 General Fund CARPENTER SCREEN PRINTING basketball champion shirts - qty 10 69.70 01 General Fund CARPENTER SCREEN PRINTING volleyball champion shirts - qty 26 181.22 01 General Fund CARPENTER SCREEN PRINTING volleyball shirts - qty 14 127.58 01 General Fund CHARLIE BUTTERFIELD Per Diem, C. Butterfield, FORCE Conference, Boulder CO, 9/24 206.50 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 17-0013, City Prosecutor/Criminal Legal Services Sept 2017 29,102.42 01 General Fund CITY OF MERIDIAN Acct# 99010952-01, Extra Dumpster for K9 Bldg Clean up 189.16 01 General Fund COLIN MOSS Per Diem, C. Moss, National Rec & Parks Assoc Annual Conf, N 288.00 01 General Fund COLUMBIA ELECTRIC SUPPLY credit on electrical box for sprinkler wires at Storey (184.05) 01 General Fund COLUMBIA ELECTRIC SUPPLY electrical panel for sprinkler wires at Storey Park 257.53 01 General Fund COMLINK WIRELESS TECHNOLOGIES INC Portable Radio Mics - Qty 2 & Ear Pieces - Qty 2 144.84 01 General Fund CUSTOM GLASS, INC.Repair door at City Hall 130.00 01 General Fund D & B SUPPLY Dog Food for K9 Randy - Qty 1 Bag 44.99 01 General Fund D & B SUPPLY Dog Food for K9 Wyatt - Qty 2 Bags 88.18 01 General Fund D & B SUPPLY Dog Food, Containers, & Bowls for K-9 Unit - Qty 12 293.58 01 General Fund DAVID EPLEY & ASSOCIATES Painting in Both Locker Rooms 2,830.00 01 General Fund DISTINCTIVE MILLWORK & SPEC Supply & Install Counter Top for CID 2,515.00 01 General Fund E C POWER SYSTEMS 220/ST. 1 generator maintenance 306.61 01 General Fund E C POWER SYSTEMS 220/St. 4 Generator Mtnc 242.49 01 General Fund E C POWER SYSTEMS 220/St. 5 Generator Mtnc 349.10 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Install CO Monitor in to Alert System in Unit #160 235.49 01 General Fund ESP PRINTING & MAILING remaining balance owed for 2017 Fall Activity Guide mailing 260.31 01 General Fund FERGUSON ENTERPRISES INC.main restroom replacement floor drains at Kleiner x 2 102.88 Date: 9/14/17 01:27:44 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 G.W. LAW ENFORCEMENT & SAFETY EQUIPMENT, INC Parts for Firearms - Qty 81 408.50 01 General Fund GAMETIME space shuttle playground replacement for Bear Creek - qty 1 944.75 01 General Fund H.D. FOWLER COMPANY adapters & emitters for downtown tree wells - qty 200 199.00 01 General Fund HIGH MARK MACHINE AR10 Rifle - Qty 1 2,750.00 01 General Fund HILAREY JOHNSON instructor fee - Martial Arts 8/4-8/29/17 - qty 15 464.00 01 General Fund HILAREY JOHNSON instructor fee - Martial Arts for Kids 6/2-8/25/17 - qty 4 256.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/Staples for training props 12.47 01 General Fund HOME DEPOT CREDIT SERVICES Bags, screws, light bulbs - Qty 6 26.24 01 General Fund HOME DEPOT CREDIT SERVICES Corner Guards for Men & Women's Locker Room - Qty 12 39.36 01 General Fund HOME DEPOT CREDIT SERVICES Dewalt 3.5-in Phillips #2 Maxfit 1pc 6.30 01 General Fund HOME DEPOT CREDIT SERVICES Supplies to Organize Crowd Control Trailer 189.26 01 General Fund HOME DEPOT CREDIT SERVICES Utility Hooks & Hanging Rails for Storage System - Qty 13 130.61 01 General Fund IDAHO CORRECTIONAL INDUSTRIES business cards for R Norberg & T Roberds - qty 2 boxes 92.50 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice - Ord 17-1743 for Silverstone Apartments Annexa 165.52 01 General Fund IDAHO STATE POLICE Background Checks for MSU Permits - Qty 2, August 2017 74.00 01 General Fund IDAHO STATE TAX COMMISSION Sales Tax August 2017 2,992.67 01 General Fund IDAHO VICTIM WITNESS ASSOC IVWA Membership for C. Gonzalez 50.00 01 General Fund IDAHO VICTIM WITNESS ASSOC IVWA Membership for Deb Mersch 50.00 01 General Fund IMPACT PEST SERVICES vole control @ Ten Mile Interchange-NE side/highway overpass 250.00 01 General Fund INDEPENDENCE INDOOR SHOOTING 17-0390, Shooting Range Membership (Qty 107) - Sept 2017 4,601.00 01 General Fund INSIGHT PUBLIC SECTOR, INC.Qty 4 Apple 9.7-inch iPad Wi-Fi Tablet 32GB for Fire 1,248.00 01 General Fund INTERNATIONAL E-Z UP, INC.Deluxe Roller Storage Bag 134.34 01 General Fund INTERSTATE ALL BATTERY CENTER Battery for City Hall - Qty 1 25.30 01 General Fund JAYKER WHOLESALE NURSERY discount credit for early pay invoices 145448,145394,145657 (301.72) 01 General Fund JAYKER WHOLESALE NURSERY discount credit for early payment - invoice 0000144907 (88.39) 01 General Fund JAYKER WHOLESALE NURSERY discount credit for early payment - invoice 0000144946 (29.20) 01 General Fund JAYKER WHOLESALE NURSERY Locust & Pear trees for Split Corridor - qty 3 789.40 01 General Fund JAYKER WHOLESALE NURSERY Mancana & Linden trees for Gordon Harris Park - qty 2 538.45 01 General Fund JAYKER WHOLESALE NURSERY trees for Heroes Park - qty 12 2,668.60 01 General Fund JOSHUA BEACH Per Diem, J. Beach, WA APA Conference-A Collaborative Future 259.00 Date: 9/14/17 01:27:44 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 KEN WELBORN Per Diem, K. Welborn, Senior Staff Retreat, Tamarack ID, 9/1 51.00 01 General Fund KENDALL FORD OF MERIDIAN Passenger Visor Clip for Unit# 162 7.43 01 General Fund KENDALL FORD OF MERIDIAN Touch up Paint for Rock Chip on Unit #31 16.66 01 General Fund L.N. CURTIS AND SONS 220/7 pair wildland tactical pants, station wear 1,050.01 01 General Fund L.N. CURTIS AND SONS 220/Boots for J. Bongiorno - Qty 1 Pr 110.00 01 General Fund L.N. CURTIS AND SONS 220/Credit for Hose couplings returned, Inv#3161617 (315.00) 01 General Fund L.N. CURTIS AND SONS 220/Training equip, 1 swivel adapter,2 probars,2 axe,4 spann 742.78 01 General Fund LAERDAL MEDICAL CORP 220/Paramedic recertification for C. Butterfield 132.00 01 General Fund LOWE'S Credit for door bumpers - qty 1 pk (39.48) 01 General Fund LOWE'S Door Bumpers - Qty 1 Pk 39.48 01 General Fund LOWE'S Storage/Organization Items for Trailer, Cleaning Supplies 137.58 01 General Fund MARK NIEMEYER Per Diem, M. Niemeyer, FORCE Conference, Boulder CO, 9/24/17 206.50 01 General Fund MERIDIAN CHAMBER of COMMERCE Lunch, R. Simison, Government Affairs Committee Meeting 8/14 12.00 01 General Fund MERIDIAN CHAMBER of COMMERCE Lunch, R. Simison, Government Affairs Committee Meeting,7/17 12.00 01 General Fund MERIDIAN CHAMBER of COMMERCE Registration, Leadership Meridian, A. Guinsler, 9/14/17-5/10 750.00 01 General Fund MERIDIAN VETERINARY CLINIC Meds for Max - 1 Bottle 100.50 01 General Fund MERIDIAN VETERINARY CLINIC Meds for Max - 2 Bottles 162.01 01 General Fund MINUTEMAN, INC.2006 keys - qty 3 6.75 01 General Fund MINUTEMAN, INC.locks for Heritage MS - qty 2 25.90 01 General Fund MINUTEMAN, INC.Repaired and adjusted doors at City Hall 165.00 01 General Fund MISSION COAST PROPERTIES ID INC Refund, Surety-2016-0040, Reflection Ridge Sub No. 6, Perfor 166,396.27 01 General Fund MOTOROLA 5 Portable Radio Batteries & 2 Replacement Mics 538.74 01 General Fund MOTOROLA Batteries for Portable Radios - Qty 10 817.60 01 General Fund MUNICIPAL EMERGENCY SVCS 220/Structure boots, size 12 reg 287.85 01 General Fund NAPA AUTO PARTS Brake Lamp Bulb for Unit # 27 - Qty 1 4.69 01 General Fund NAPA AUTO PARTS Engine Oil & Washer Fluid for Patrol Vehicles - Qty 15 45.00 01 General Fund NAPA AUTO PARTS Rags for Cleaning in Sally Port - Qty 25lb Box 29.99 01 General Fund NESMITH BROTHERS TOWING Tow Unit # 163 to Repair Shop 50.00 01 General Fund NESMITH BROTHERS TOWING Tow Unit 523 to Canyon Honda for Repair 75.00 01 General Fund NFPA 220/50 Sparky the Fire Dog books for Prom Outreach 1,377.00 01 General Fund NORCO 220/1 doz safety glasses for recruit academy 37.68 01 General Fund NORCO 220/PPE Gloves, 4 pair 11.44 Date: 9/14/17 01:27:44 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 NORCO 220/three 4-gas meters for training capts & fire inspector 2,225.26 01 General Fund NORCO 220/Training, Safety goggles, 2 doz & 1 box earplugs 110.84 01 General Fund NORCO cylinder rental for welding gas - Qty 4 - August 2017 42.16 01 General Fund OFFICE DEPOT, INC.220/Address labels & key tags - Qty 7 62.65 01 General Fund OFFICE DEPOT, INC.220/copy paper & file box - qty 2 38.52 01 General Fund OFFICE DEPOT, INC.220/Toner (1), & sign here sticky notes (2 Pk)105.49 01 General Fund OFFICE DEPOT, INC.Black Pens - Qty 3 DZ & Copier Paper - Qty 10 Cases 269.44 01 General Fund OFFICE DEPOT, INC.Business Card Holder - Qty 1 1.14 01 General Fund OFFICE DEPOT, INC.Dish Wand Refills - Qty 1 Pk 3.39 01 General Fund OFFICE DEPOT, INC.file tray for business cards - qty 1 7.48 01 General Fund OFFICE DEPOT, INC.manila file folders - qty 3 boxes 30.99 01 General Fund OFFICE DEPOT, INC.Paper clips Small & Jumbo - Qty 2 Pk 6.72 01 General Fund OFFICE DEPOT, INC.Post Cards - Qty 5 Boxes 134.95 01 General Fund OFFICE DEPOT, INC.Spoon, Plastic, 1000CT White 14.22 01 General Fund OFFICE DEPOT, INC.Ties, Reusable, 8x5, BK - Qty 8 Pks 58.32 01 General Fund OFFICE DEPOT, INC.toner & copy paper - qty 2 228.21 01 General Fund OXARC, INC.220/Medical Oxygen - Qty 3 20.20 01 General Fund OXARC, INC.220/Medical Oxygen, 2 24.10 01 General Fund PAUL'S MERIDIAN STINKER premium unleaded fuel for fleet truck 22 74.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 11 19.93 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 29 27.33 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for Heroes mower 35.91 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for mower 11.81 01 General Fund PAVEMENT SPECIALTIES OF IDAHO, INC Homecourt parking lot seal coat, restriping, crack fills 8,275.00 01 General Fund PROBUILD 220/lumber for training purposes 769.89 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 8/13-8/27/17 - qty 24 288.00 01 General Fund RICOH USA, INC C86111894, Copier Lease 9/17 & Additional Copies 8/17 517.95 01 General Fund RICOH USA, INC C86121202, Copier Lease 9/17 & Additonal Copies 8/17 at PSTC 298.74 01 General Fund RICOH USA, INC C86172112, Copier Lease 9/17 & Additional Copies 8/17 217.10 01 General Fund RICOH USA, INC C86172150, Copier Lease 9/17 & Additional Copies 8/17 @ Patr 510.76 01 General Fund RICOH USA, INC C86172157, Copier Lease 9/17 & Additional Copies 8/17 at CID 534.47 01 General Fund RICOH USA, INC C86172509, Copier Lease 9/17 & Additional Copies 8/17 for Co 117.33 Date: 9/14/17 01:27:44 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 RICOH USA, INC C86197400, Additonal Copies 8/1/17-8/31/17 for Comm Serv 41.46 01 General Fund ROCKY MTN TOWING 220/Towing car for extrication training 175.00 01 General Fund SHAWN HARPER Per Diem, Shawn Harper, NTOA Conference, Phoenix AZ, 9/24/17 324.50 01 General Fund SHEREE FINCH Reimb, S. Finch, Growth Chart Ruler for Passport Office 13.79 01 General Fund SIENA ELEMENTARY Mascot Dance Off 1st Place Winner @ Comm Block Party 9/9/17 500.00 01 General Fund SILVER CREEK Installed Tucor TDI Decoder Interface Sprinkler Clock w/25 S 3,305.00 01 General Fund SLHS SERVICE AREA Medical Test for C. Yates Medical Lab Certification 91.00 01 General Fund SLHS SERVICE AREA Physical for C. Yates Medical Lab Certification 344.00 01 General Fund SOUTHERN COMPUTER WAREHOUSE Netmotion Wireless Netmotion Premium Technical Support Phone 1,725.14 01 General Fund SPECIALTY CONSTRUCTION SUPPLY striping paint for flag football - qty 24 107.76 01 General Fund SPRAGUE CO, INC.220/Spray station for spiders 162.24 01 General Fund STEVE SIDDOWAY Per Diem, S. Siddoway, National Parks & Rec Assoc Annual Con 224.00 01 General Fund SUNBELT RENTALS skidsteer rental for Bark Park rock 8/24/17 266.60 01 General Fund SUNROC CORPORATION pea gravel for Storey Bark Park - qty 32.99 tons 901.71 01 General Fund SW IDAHO FIRE & EMS CHIEFS ASSOCIATION 220/Risk Reduction Class instructor fee, 8/23/17-8/24/17 990.00 01 General Fund SYNCB/AMAZON 220/Can opener, furnishings, St. 2 23.97 01 General Fund SYNCB/AMAZON 220/coffee maker, St. 3 31.09 01 General Fund SYNCB/AMAZON 220/Credit for returned shoes for P. Orr, Inv.#4847403 (180.00) 01 General Fund SYNCB/AMAZON 220/Dishwasher & Laundry cleaner tabs & magnetic data cards 98.65 01 General Fund SYNCB/AMAZON 220/drinking glasses for St. 4 - qty 12 24.81 01 General Fund SYNCB/AMAZON 220/Igloo Cooler for engine 32 - Qty 1 137.35 01 General Fund SYNCB/AMAZON 220/LEGO Jr. Fire Patrol Suitcase for Pub Ed Props 21.99 01 General Fund SYNCB/AMAZON Hard Drive for Credit Card Downloads - Qty 1 79.99 01 General Fund SYNCB/AMAZON HP 90w Docking Station Port, gofranco Mini Display port 1.2 66.94 01 General Fund SYNCB/AMAZON iPad Cases for Fire - Qty 4 59.96 01 General Fund SYNCB/AMAZON Qty 1 Besktek 400w Power Inverter DC 12V to AC 110V Car Adap 94.96 01 General Fund SYRINGA NETWORKS, LLC 17-0020 Dark Fiber (4 Strands) 13 Locations 1,150.00 01 General Fund SYRINGA NETWORKS, LLC Internet B/W (100MB)800.00 01 General Fund T-ZERS SHIRT SHOP 220/46 tshirts, 35 shorts,20 hats, print 7 furnished stock 1,499.40 Date: 9/14/17 01:27:44 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 01 General Fund TATES RENTS (GENERAL OFFICE)propane for forklift 21.53 01 General Fund TECHNI CHEM CORPORATION Citrus Solvent for Floor Drains - Qty 4 204.75 01 General Fund THE UPS STORE Postage to Ship Evidence 127.72 01 General Fund THOMSON REUTERS-WEST PUBLISHING CORP Idaho Code Update, 7/5/17-8/4/17 712.00 01 General Fund TOTAL SYSTEM SERVICES Delivered & Installed Glycol for HVAC, City Hall 811.81 01 General Fund TREASURE VALLEY COFFEE 220/Coffee for PSTC & for the SWID Fire Chief's conference 81.50 01 General Fund TREASURE VALLEY COFFEE Coffee, Hot Chocolate, Cream, Sugar, Stir Sticks & Cups 305.55 01 General Fund UNIFORMS 2 GEAR New Motor Shirts with Patches for J. Simon - Qty 4 318.78 01 General Fund UNIFORMS 2 GEAR Uniform Body Armor Vest Camera for T. Erickson 110.70 01 General Fund UNITED HERITAGE INSURANCE 02065-001, September 2017 Premiums 13,265.10 01 General Fund UNITED HERITAGE INSURANCE United Heritage, Voluntary Insurance, September 2017 4,263.33 01 General Fund WHITTENBERGER PLANETARIUM Camp Mer Ida Moo to Planetarium 7/28/17 - Qty 79 197.50 01 General Fund WILBUR-ELLIS CO.fall broad leaf application for all parks - qty 19 Cases 2,747.50 01 General Fund XEROX CORPORATION - PASADENA BOW-588861 220/Copier Lease & Copies for August 2017 541.05 Total 01 General Fund 300,326.82 07 Impact Fund BONNEVILLE BLUE PRINT SUPPLY plan sets for Keith Bird Legacy, Hillsdale, Reta Huskey Park 146.88 07 Impact Fund H.D. FOWLER COMPANY drain valve parts for Keith Bird Legacy Park - qty 5 30.73 07 Impact Fund JAYKER WHOLESALE NURSERY 17-0398 trees for Hillsdale Park - qty 30 6,625.10 Total 07 Impact Fund 6,802.71 20 Grant Fund governmental INTERNATIONAL E-Z UP, INC.MADC EZ-Up Tent for Community Events - Qty 1 1,295.36 20 Grant Fund governmental KENDALL NAGY Per Diem, K. Nagy, Community Coalitions of Idaho Fall Traini 127.50 20 Grant Fund governmental MERIDIAN DEVELOPMENT CORPORATION 17-0381, Sidewalk Design Costs for CDBG Grant,7/1/17-7/31/17 9,350.00 20 Grant Fund governmental MERIDIAN VETERINARY CLINIC Bag Liners for Prescription Drop Off Boxes-MADC - Qty 6 5.16 Total 20 Grant Fund governmental 10,778.02 55 Capital Projects VLCM 17-0364, Council Chamber Tech Replacement - Final Invoice 14,981.65 Date: 9/14/17 01:27:44 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 Total 55 Capital Projects 14,981.65 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0355, Sewer Main Rep, NW 1st St, Services 7/1/17-7/31/17 25,583.59 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 16-0260,SCADA Upgrades, services 7/25-8/24/17 3,794.75 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC Programming Support for SCADA, 4/25/17-5/24/17 970.00 60 Enterprise Fund APEX INTEGRATED SECURITY SOLUTIONS Labor to diagnose & repair non-working card reader on 135.00 60 Enterprise Fund BACKFLOW SUPPLY Complete Check Repair Kits - Qty 4 150.83 60 Enterprise Fund BACKFLOW SUPPLY Complete Checks Repair Kits - Qty 3 117.79 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0122, Bills 8/20/17, Delinquent Notices 8/8/17, 8/28/17, 12,639.76 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0123, IVR Transactions August 2017 1,805.75 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0124, Lockbox Transactions August 2017 1,498.14 60 Enterprise Fund BOE - Boise Office Equipment XKP547491, Additional Copies 7/3/17-8/2/17 262.37 60 Enterprise Fund BRANOM INSTRUMENTS Annual verification of gas detectors & 180 calibration of 1,720.00 60 Enterprise Fund BROWN & CALDWELL 17-0118,WRRF Facility Plan FY17,service 6/30-7/27/17 30,954.25 60 Enterprise Fund BUSY BEE SAND & GRAVEL, INC.X-Out Materials Qty x3 90.00 60 Enterprise Fund C.H. SPENCER & CO Repair to Flow Regulator Qty 1 195.00 60 Enterprise Fund CH2M HILL ENGINEERS, INC 16-0179, Well 32, Services 7/1/17-8/25/17 - Final Invoice 9,965.55 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0311,17-0375,WRRF Cap Exp FY15,service 8/25/17 15,623.94 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0368, SCADA tech support for WA#26-Reuse tank Thru 8/25/1 3,546.52 60 Enterprise Fund CLASSIC JACK CONSTRUCTION Refund, 9901078801, Dumpster, 510 E Washington Ave, Services 1,267.20 60 Enterprise Fund COLE INDUSTRIAL, INC.Boiler controller for boiler #4, digester heating, digester 2,519.36 60 Enterprise Fund CONCRETE CONSTRUCTION SUPPLY,48inch Concrete Form 39.00 60 Enterprise Fund CRESTLINE SPECIALTIES CO., INC.Frisbees, stress balls & cups for tours and public education 903.02 60 Enterprise Fund CUES GX520 Software, GXP Enhanced Support Plan 3,600.00 60 Enterprise Fund CUES Track assy for CCTV camera 1,087.22 60 Enterprise Fund D & B SUPPLY Hitch Pins & 25ft Contractor Cord - Qty 3 50.97 60 Enterprise Fund D & B SUPPLY Hitch Pins - Qty 2 & 25ft Contractor Cord - Qty 1 50.97 60 Enterprise Fund DAVID MILES Per Diem, D. Miles, NORFMA Annual Conference, Seaside OR, 9/ 241.50 60 Enterprise Fund DC FROST ASSOCIATES, INC 17-0166 Lamp holders for UV system - Qty 25 744.58 60 Enterprise Fund DEAN STACEY Per Diem, D. Stacey, Tri-State Seminar, Las Vegas NV, 9/25/1 288.00 Date: 9/14/17 01:27:44 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 DON CASE Reimburse, D. Case, IBOL Water Treatment Cert Exam & License 117.00 60 Enterprise Fund ENERGY MANAGEMENT CORPORATION Fan to repair motor, pump 2, heat loop, boiler 4, digester 4 44.77 60 Enterprise Fund FASTENAL COMPANY 22pc hex key set 45.98 60 Enterprise Fund FASTENAL COMPANY Brass Hex Cap Bolt Qty 200 1,152.80 60 Enterprise Fund FASTENAL COMPANY Parts for railing at tertiary filter building 39.78 60 Enterprise Fund FASTENAL COMPANY Parts to repair the thread on transporter-CCTV Van 2 10.45 60 Enterprise Fund FASTENAL COMPANY X-Lrg Nitrile Gloves 100 ct box Qty 12 72.56 60 Enterprise Fund FERGUSON ENTERPRISES INC.520M Pit Lid Housing Qty 25 699.50 60 Enterprise Fund FERGUSON ENTERPRISES INC.Flex check valve 4 inch top gasket 79.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Meter Coupler Qty 12 255.16 60 Enterprise Fund FERGUSON ENTERPRISES INC.Meter Flg Ang Bv Lw Qty 2 632.03 60 Enterprise Fund GOLDEN SANDS GENERAL CONTRACT Refund, 9901070301, Wat/Sew/Trash, 3265 E Goldstone Dr, Cust 51.04 60 Enterprise Fund HAZEL ASPHALT, LLC Asphalt Patch @ 1104 NW 15th Main Line Repair 750.00 60 Enterprise Fund HD SUPPLY WATERWORKS Brass Nipple Qty 5 39.70 60 Enterprise Fund HD SUPPLY WATERWORKS Hydrant Safety Break Away Kit Qty 1 159.00 60 Enterprise Fund IDAHO POWER CO WO# 27490753, Install 2in Riser to Energize PRV#2 1,515.00 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice - RFQ for QLPE Plan Check Services, 8/18/17, 8/ 70.38 60 Enterprise Fund IDAHO STATE TAX COMMISSION Sales Tax August 2017 5,140.81 60 Enterprise Fund IDAHO TOOL & EQUIPMENT Socket Sets & Socket Allen Key Sets (Std & Metric) -Qty 5 552.66 60 Enterprise Fund IRMINGER CONSTRUCTION 17-0326,WRRF Boise River Outfall Upgrades,service8/1-8/31/17 110,592.35 60 Enterprise Fund IRWA Registration, B. Kerr & J. Rodriguez, Water Certification Re 550.00 60 Enterprise Fund IRWA Registration, L. Davis, Water Certification Review I & II, B 275.00 60 Enterprise Fund IRWA Registration, S. Phearson & D. Case, Water Certification Rev 550.00 60 Enterprise Fund JASON KORN Per Diem, J. Korn, NORFMA Annual Conference, Seaside OR, 9/2 241.50 60 Enterprise Fund JOHNSTONE SUPPLY TRCFD405 @ Well 18 Start Capacity Qty 1 9.63 60 Enterprise Fund JUB ENGINEERS 17-0021,Well 22 Water Treatment,service 7/2-7/29/17 7,366.70 60 Enterprise Fund JUB ENGINEERS 17-0073,On Call Modeling/Master Plan, 7/2-7/29/17 567.00 60 Enterprise Fund JUB ENGINEERS 17-0151,Water Main Rep.,Rose Cir.,service 7/2-7/29/17 897.00 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Fan pulleys for HVAC air handler at S. Black Cat lift 39.23 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Spherical roller bearing 232.23 Date: 9/14/17 01:27:44 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 KEMIRA WATER SOLUTIONS, INC 17-0373 PAX 14 Bulk 14,164.50 60 Enterprise Fund LOCAL DUMPSTER RENTAL Refund, 99010257-01, Dumpster Deposit Local Dumpster Rental, 286.15 60 Enterprise Fund LOWE'S 5ft Steel Curb Key & Impact Gun - Qty 2 299.32 60 Enterprise Fund LOWE'S Black Adjustable Stool - Qty 3 132.45 60 Enterprise Fund LOWE'S Stainless Steel Prep Table - Qty 1 711.84 60 Enterprise Fund MASTER ROOTER PLUMBING Sewer Main Rep,E. Williams, service 7/5/17 295.00 60 Enterprise Fund MATERIALS TESTING & INSPECTION 16-0408,WRRF Centrate Mod,service 8/7-8/20/17 182.40 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0654, WRRF Boise River Outfall Upgrades,8/7-8/20/17 60.00 60 Enterprise Fund MISSION COAST PROPERTIES ID INC Refund, Surety-2016-0040, Reflection Ridge Sub No. 6, Perfor 164,017.88 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0317,WRRF Filter/Drain Evaluation Thru 7/28/2017 5,405.75 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Asphalt Cutter Usa Paving Breaker Chisel Qty 1 96.41 60 Enterprise Fund MURRAYSMITH INC 17-0353,Infiltration&Inflow Monitoring,service 7/31/17 146.50 60 Enterprise Fund MYFLEETCENTER.COM Lube & Oil filter change C19969 53.59 60 Enterprise Fund NAPA AUTO PARTS Instant gasket maker 143.94 60 Enterprise Fund NORCO Cylinder rentals - Qty 8, 8/1/17-8/31/17 61.44 60 Enterprise Fund NORCO HiVis shirts for Keith Slack, Dave Babcock & Miguel Espinola 193.40 60 Enterprise Fund NORCO Portable Eye Wash Station 947.91 60 Enterprise Fund NORCO Safety glasses for Brad Standley - Qty 2 47.60 60 Enterprise Fund NORCO Safety glasses for Brent Arte - Qty 1 24.99 60 Enterprise Fund NORCO Safety glasses for G Nelson - Qty 1 23.80 60 Enterprise Fund NORCO Safety T-shirts for inspectors Qty 8 102.64 60 Enterprise Fund O'REILLY AUTO PARTS 12V Relay for Vac Trailer A10843 Qty 1 5.99 60 Enterprise Fund O'REILLY AUTO PARTS Epoxy to repair tertiary filter 3 6.99 60 Enterprise Fund OFFICE DEPOT, INC.Badge holder & pocket folders for pretreatment staff 23.09 60 Enterprise Fund OFFICE DEPOT, INC.Binders for Pretreatment staff 17.34 60 Enterprise Fund OFFICE DEPOT, INC.Candy for Lobby Counter - Qty 6 Pk 70.86 60 Enterprise Fund OFFICE DEPOT, INC.Copier Paper - Qty 4 Cases 119.96 60 Enterprise Fund OFFICE DEPOT, INC.File Box for Service Orders - Qty 1 15.99 60 Enterprise Fund PENN VALLEY PUMP CO Labor & supplies to repair pressure switch for pump 712.40 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Biosolids disposal 11,080.90 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract August 2017 1,054,112.45 60 Enterprise Fund RICOH USA, INC C86101407, PW Copier lease Sept. 2017, Copies Aug. 2017 352.80 60 Enterprise Fund RICOH USA, INC C86101421, Envir Copier lease Sept. 2017, Copies Aug. 2017 337.92 Date: 9/14/17 01:27:44 PM Page: 10 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 SCHMIDT CONSTRUCTION CO INC 17-0332,Water Main Ext,Lake Hazel/Locust, service 8/24/17 247,020.25 60 Enterprise Fund SCRIBBLE BOX MARKETING Labor to install and program new tablet for 3D interpretive 544.75 60 Enterprise Fund SHANLEY PUMP & EQUIPMENT, INC.Parts to rebuild whitewater pump, daft 1, fermentation bldg 1,779.43 60 Enterprise Fund SHAWN PEHRSON Reimburse, S. Pehrson, IBOL Water Treatment Cert Exam & Lice 117.00 60 Enterprise Fund SIERRA MONITOR CORPORATION Gas detector & assembly to replace faulty gas detectors 2 & 1,213.67 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY 450 Poney IRR RND Point Shovel Qty 3 162.75 60 Enterprise Fund STAR CONSTRUCTION, LLC Labor & materials to repair grit drain in asphalt & sidewalk 9,500.00 60 Enterprise Fund STATE OF IDAHO Calibration of balance weights 640.00 60 Enterprise Fund SULLIVAN REBERGER 17-0008, August Lobbying fees 4,000.00 60 Enterprise Fund SYNCB/AMAZON 90W Car Charger for HP Pro Book Qty 1 33.37 60 Enterprise Fund SYNCB/AMAZON Desk Mat for S. Hulbert 34.99 60 Enterprise Fund SYNCB/AMAZON Iphone SES Case w/Advanced Drop Protect Qty 1 20.21 60 Enterprise Fund SYNCB/AMAZON Trace metals sampler parts 234.63 60 Enterprise Fund SYNCB/AMAZON Wireless Mouse Qty 1 30.17 60 Enterprise Fund TATES RENTS (GENERAL OFFICE)Rental Core Drill, Core Diamond Drill Bit 10inch Qty 2 86.00 60 Enterprise Fund TELANSWER, INC Telanswer After Hour Phone Service 9/1/17-9/30/17 268.40 60 Enterprise Fund TERRACON CONSULTANTS 17-0322, Well 30 Special Inspections, as of 8/23/2017 2,752.50 60 Enterprise Fund THERMO FLUIDS INC Used oil pickup 117.00 60 Enterprise Fund TRUEPOINT SOLUTIONS LLC 16-0355, TrueBill Enhancements for MUBS 7,095.00 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001, September 2017 Premiums 3,660.50 60 Enterprise Fund UNITED HERITAGE INSURANCE United Heritage, Voluntary Insurance, September 2017 681.66 60 Enterprise Fund USA BLUEBOOK Manhole cover cushion gasket rope 57.94 60 Enterprise Fund USA BLUEBOOK Pressure gauge 20.95 60 Enterprise Fund USA BLUEBOOK Schonstedt GA-52C x Locator w/ Case Qty 1 828.61 60 Enterprise Fund USA BLUEBOOK Vinyl Tags, Blue Marking Paint, Seal Teflon, Ph Tester , Ult 2,700.12 60 Enterprise Fund WILBUR-ELLIS CO.Weed killer 3,600.00 60 Enterprise Fund WW GRAINGER, INC Sprayers for cleaning tertiary filters 175.98 60 Enterprise Fund WW GRAINGER, INC submersible pumps - qty 3 441.99 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-658362 monthly copier lease for July 2017 plus 149.29 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-985464 monthly copier lease for July 2017 plus 159.16 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741080, Copier Lease 07/17& Additional Copies 7/10-7/30/ 276.74 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-761692 monthly copier lease for July 2017 plus 430.88 Date: 9/14/17 01:27:44 PM Page: 11 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 60 Enterprise Fund 1,795,681.46 Report Total 2,128,570.66 Date: 9/14/17 01:27:44 PM Page: 12 ADA COUNTY RECORDER Christopher D. Rich 2017_096126 BOISE IDAHO Pgs=9 NIKOLA OLSON 10/10/2017 02:25 PM -NAMPA MERIDIAN IRRIG DIST NO FEE 111111111111111111111111i 004186702017009612600900 AGREEMENT AGREEMENT, made and entered, into this' day of. , 2017, by and between N. AMPA &MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as. the "District," and. THE CITY OF MERIDIAN, a political subdivision, and. municipality of the State of Idaho hereinafter referred to as, the. "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee tidelands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering, the Master Pathway Agreement to accomplish the following in a ;manner that is consistent with their respective legal and :fiduciary responsibilities; to. enhance the City's pathway planning though early consultation between the. City and the District; to .establish a.process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the ,general conditions for the District's approval and authorization of pathway requests affecting the District's ditches; property, operations and maintenance; and,, WHEREAS,, the District grants to the City the right develop pathways to encroach within the District's easements along and across the D'istrict's ditches, -canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS, the City is the owner of the real property easement / right of way (burdened with the easement of the District hereinafter mentioned) .particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District .controls the irrigation/ drainage ditch or canal known as the EIGHT MILE DRAIN (hereinafter referred to as "ditch or canal") together with'the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, :and which crosses and intersects said described real property ofthe City as shown on Exhibit B attachedhereto and -by this reference made apart hereof, and, AGREEMENT - Page WHEREAS.. the City desires approval to construct-,, install,, operate and maintain a paved pathway *ithiti, the. District'_s.easement , for the Eight Mile Drain under -the terms and conditions of ,said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and -in, consideration 6fthe pre-mige-s-andofthe covenants, agreements And conditions: hereinafter set forth :and those set forth in said Master Pathway Agreement, the parties hereto agree. as follows: I The City may construct; operate, maintain and repair a 10 foot wide pathway within. the. ,Q1stricVs.real property and/or easement . forthe Eight Mile Drain on the south side of the Eight. Mile Drain in Movado Subdivision Nos. '1, 2 an 3, located southwest- of' -the intersection of 'Cloverdale Road and Overland Road, Meridian, Ada. County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in s Exhibit a i'C, ttached, hereto and by this reference; madeaccordance: with the " pecial Conditions'' stated in A .part thereof 1 The permitted houm of use of the pathway shall be from one'half hour before suariseand one, half hour after sunset. 4. The parties betotb incorporate in and make, part of this Agreement all the covenants., conditions, and agreements; of said, Master Pathway Agreement Utichanged except as the result of the provisions of this Agreement. The covenants, conditio'hs and agreementg herein contained 'and incorporated by re,ference "shall constitute covenants to run with, and running with., all of the lands of the. City described in said Exhibit A, and shall -be binding ng on each of the parties hereto and on all parties and all persons clalmifig underrn theor either oiftheih, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duty authorized by,resolution of its Board of Directors and the City has hereunto subscribed its corporate nameto be subscribed and its seal to be affixed thereto, --all as of the day and year herein first above: written. NAMPA & MERIDIAN IRRIGATION'DISTRICT 0 ^1A FFICIA z Its President ATTEST: Its, Secretary AGREEMENT- r Page, 2 TED q \� `ilV • of �. IW m 4iolvl SEAL ATTEST: STATE OF IDAHO? ) �ss: County of Canyon ) THE CITY OF MERIDIAN ,By On this . day of - ,. 2017, before me, the undersigned, a.Notary Public in and for said 'State, personally appeared Will .Patterson and Daren R. Coon, known to me. to be the President and Secretary, respectively, of NAMPA & MERIDIAN' IRRIGATION DISTRICT, the irrigation .distr..ict that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS. WHEREOF, I have hereunto set.my handand affixed. my official seal, the day and year in this certificate first above written. .Z ci 1•.• � i '°UBV\G STATE OF IDAHO ) sus ...•�O County of Ada ) �i����F 0F; 11111 otary Public for Id o: Residing at Idaho My Commission Expires: o�l7a� On this 1, OP, day ofY11 �Ir 2017, before me, the undersigned, a Notary Public in and for said State, personally, appeared a MrnU ®2lA)Rb and C.7Y , known to me to be the _�i Q,j and r, per , respectively, of. The CITY OF MERIDIAN, the entity that ex uted the foregoing.instrud&tit and acknowledged to me that such entity 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. ****sees . •••ENE W' • , O AR 00 �G.,,p . 1-+ Q` % - � • 1 • AG� Page 3 W a . 0,h(W m -- - ._ .Notary Public for Residing at .4'Y)'Q 'My Commission Expires;_ 3 • a'9' Dsa_ EXHIBIT A Legal Description A right-of-way/easement within Section 21, Township 3 North, Range 1 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 of-Property/Drain See Exhibit C-1 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 Eight Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Eight Mile Drain, and to access the Eight Mile Drain for said purposes and is a minimum of 60 feet, 30 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 Sawtooth Land Surveying, LLC ,an , mri-"• P: (208) 398-8104 F: (208) 398-8105 2030 S. Washington Ave., Emmett, ID 83617 July 14, 2017 Movado 1, 2 and 3 NMID Pathway Legal Basis of Bearings for this legal description is South 89°13'35" East between the brass cap marking the N1/4 corner of Section 21 and the aluminum cap marking the northeast corner of Section 24, both in T. 3 N., R. 1 E., B.M., Ada County, Idaho. A parcel of land located in NEI/4, of Section 21, T. 3 N., R. 1 E., B.M., Ada County, Idaho more particularly described as follows; COMMENCING at a found brass cap marking the N1/4 corner of Section 5; Thence South 0011'04" West, coincident with the west line of said NE1/4, of Section 21, a distance of 1152.88 feet to the POINT OF BEGINNING; Thence South 64041'10" East, parallel with the centerline of Eight Mile Creek, 86.76 feet to the beginning of a tangent curve; Thence 16.11 feet along the arc of said curve to the right, and parallel with said centerline of Eight Mile Creek, with a central angle of 35129'32", a radius of 26.00 feet, subtended by a chord bearing South 46156'08" East, 15.85 feet to the point of reverse curvature; Thence 58.38 feet along the arc of said curve to the left, and parallel with said centerline of Eight Mile Creek, with a central angle of 5143'39", a radius of 584.00 feet, subtended by a chord bearing South 31152'23" East, 58.35 feet; Thence South 35°01'38" East, parallel with said centerline of Eight Mile Creek, 225.24 feet; Thence South 35158'42" East, parallel with said centerline of Eight Mile Creek, 234.15 feet to the beginning of a tangent curve; Thence 90.02 feet along the arc of said curve to the left, and parallel with said centerline of Eight Mile Creek, with a central angle of 41035'47", a radius of 124.00 feet, subtended by a chord bearing South 56046'36" East, 88.06 feet; Thence South 77034'29" East, parallel with said centerline of Eight Mile Creek, 200.64 feet to the beginning of a tangent curve; Thence 98.96 feet along the arc of said curve to the right, and parallel with said centerline of Eight Mile Creek, with a central angle of 32113'00", a radius of 176.00 feet, subtended by a chord bearing South 61027'59" East, 97.66 feet; Thence South 45121'29" East, parallel with said centerline of Eight Mile Creek, 78.42 feet to the beginning of a tangent curve; :':\2016\16251 -CMG - MOVADO 2\Survey\Drawings\Descriptions\16251 NMID PATHWAY LEGAL.docx :'@ge 11 Exhibit A-1, page 1 Thence 223.17 feet along the arc of said curve to the left, and parallel with said centerline of Eight Mile Creek, with a central angle of 57104'56", a radius of 224.00 feet, subtended by a chord bearing South 73153'57" East, 214.05 feet; Thence North 77133'34" East, parallel with said centerline of Eight Mile Creek, 109.40 feet to the beginning of a tangent curve; Thence 135.75 feet along the arc of said curve to the right, and parallel with said centerline of Eight Mile Creek, with a central angle of 44111'29", a radius of 176.00 feet, subtended by a chord bearing South 80120'41" East, 132.41 feet; Thence South 31145'03" West, 16.00 feet to the beginning of a non -tangent curve; Thence 123.41 feet along the arc of said curve to the left, and parallel with said centerline of Eight Mile Creek, with a central angle of 4401129", a radius of 160.00 feet, subtended by a chord bearing North 80°20'41" West, 120.37 feet; Thence South 77133'34" West, parallel with said centerline of Eight Mile Creek, 109.40 feet to the beginning of a tangent curve; Thence 239.11 feet along the arc of said curve to the right, and parallel with said centerline of Eight Mile Creek, with a central angle of 57004'56", a radius of 240.00 feet, subtended by a chord bearing North 73153'57" West, 229.34 feet; Thence North 45021'29" West, parallel with said centerline of Eight Mile Creek, 78.42 feet to the beginning of a tangent curve; Thence 89.97 feet along the arc of said curve to the left, and parallel with said centerline of Eight Mile Creek, with a central angle of 32113'00", a radius of 160.00 feet, subtended by a chord bearing North 61127'59" West, 88.78 feet; Thence North 77034'29" West, parallel with said centerline of Eight Mile Creek, 200.64 feet to the beginning of a tangent curve; Thence 101.64 feet along the are of said curve to the right, and parallel with said centerline of Eight Mile Creek, with a central angle of 41135'47", a radius of 140.00 feet, subtended by a chord bearing North 56°46'36" West, 99.42 feet; Thence North 35058'42" West, parallel with said centerline of Eight Mile Creek, 234.28 feet; Thence North 35°01'38" West, parallel with said centerline of Eight Mile Creek, 225.41 feet to the beginning of a tangent curve; Thence 59.99 feet along the arc of said curve to the right, and parallel with said centerline of Eight Mile Creek, with a central angle of 5043'42", a radius of 600.00 feet, subtended by a chord bearing North 31052'35" West, 59.96 feet to the point of reverse curvature; 3:\2016\16251 -CMG - MOVADO 2\Survey\Drawings\Descriptions\16251 NMID PATHWAY LEGAL.docx Dago IZ Exhibit A-1, page 2 Thence 6.18 feet along the arc of said curve to the left, and parallel with said centerline of Eight Mile Creek, with a central angle of 35022'58", a radius of 10.00 feet, subtended by a chord bearing North 46059'25" West, 6.08 feet; Thence North 64041'10" West, parallel with said centerline of Eight Mile Creek, 79.25 feet to said west line of the NEI/4 of Section 21; Thence North 0°11'04" East, coincident with said west line of the NE1/4 of Section 21, a distance of 17.67 feet to the POINT OF BEGINNING. The above two described parcels contain 0.57 acres more or less. �:\2016\1 6251 -CMG - MOVADO 2\Survey\Drawings\Descriptions\16251 NMID PATHWAY LEGAL.docx )aQG' 13 Exhibit A-1, page 3 Cd Li to ti co "Bg A uj LU BRA! AUX""A81 corm of? 08j Exhibit 0 , page 4 o — .16 — — —1 1. — eYiTPInOD 1 iK ER 1— C C11 SDE wOPrtS Ll<. NN PEiR000CDON. R—. DR MOgt1U11p1 0E D 015fR— DR DS —E— MDDOOT fxPRESS wRDTEN VERY— D — SDE MORNS LLC 5 STRICRY P—ED. l i MOVADO SUBDIVISION m a s a s IVIL� s In MERIDIAN, ID ITE Oo n n r r o ORKS EIGHT MILE DRAIN EXHIBIT A Exhibit C-1 e t6r14L�if lil1*2W YU h:Nls Ia fl n 1✓t Ws $4 X4115 uo AYI 4MKkKf6t uml-w WINIIIA Wf-� 44tr fNl C4!4 W%,W%.1.0" Olm.>Ilt n!Hvpl t/ [4{ Of "0 IICn Ls:Ri. /apn7(o Exhibit C-1 CITY OF MERIDIAN RESOLUTION NO. — : 9 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING VICTORIAH MADIRGAL AS A YOUTH MEMBER TO THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 6 establishes the Meridian Solid Waste Advisory Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to solid waste within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the reappointment of Victoriah Madrigal to the Meridian Solid Waste Advisory Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Victoriah Madrigal is hereby reappointed as Youth Member of the Meridian Solid Waste Advisory Commission, for a term to expire on August 31, 2018. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this /� day of September; 2017. APPROVED by the Mayor of the Gity of Meridian, Idaho, this Iq day of September, 2017. ATTEST: IN C. Clerk of o / w E PIAN DAH SEAL 4 / Mayor Taming e Weerd VICTORIAH MADRIGAL -YOUTH COMMISSIONER APPOINTMENT FOR MERIDIAN SOLID WASTE ADVISORY COMMISSION Page I of I CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING ELLA KRAMER AS A YOUTH MEMBER TO THE HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 3 establishes the Historic Preservation Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to history within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the reappointment of Ella Kramer to the Historic Preservation Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Ella Kramer is hereby appointed as Youth Member of the Meridian Historic Preservation Commission, for a term to expire on August 31, 2018. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 1 f day of September, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this r y day of September, 2017. Go�QO�' g UG�s , 2 Cily of W LO o IDIANt- ID� HO ATTEST: /% , SEAL By: C.J Cole , City Clerk { Mayor Tam - de Weerd ELLA KRAMER - YOUTH COMMISSIONER APPOINTMENT FOR HISTORIC PRESERVATION COMMISSION Page 1 of 1 / 7 - ;A) 3 / CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING BRITTON DAVIS AS A YOUTH MEMBER TO THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 7 establishes the Meridian Transportation Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to transportation within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the appointment of Britton Davis to the Meridian Transportation Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Britton Davis is hereby appointed as Youth Member of the Meridian Transportation Commission, for a term to expire on August 31, 2018. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this %q day of September, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this % q day of September, 2017. �Q&ATEDg4,cG \moo0 m APPROVED: SII V'o/' O m Ib1AN SEq A. Mayor Tar m de Weerd ATTEST: Pv 2TF 0 By: C. y Coles; City Clerk BRITTON DAVIS - YOUTH COMMISSIONER APPOINTMENT FOR MERIDIAN TRANSPORTATION COMMISSION Page I of I CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING KAYLA MCNAY AS A YOUTH MEMBER TO THE PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 4 establishes the Parks and Recreation Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions, WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to parks and recreation within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the reappointment of Kayla McNay to the Parks and Recreation Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Kayla McNay is hereby reappointed as Youth Member of the Meridian Parks and Recreation Commission, for a term to expire on August 31, 2018. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of September, 2017. APPROVED by the Mayor of the Citof Meridian, Idaho, this day of September, 2017. �Go�QOWN, TEL),44-, 0 A(ic� APPROVED ( 'Lc(gvor 0 w ATTEST: By; OLI - DIANA \2 SEgL Mayor T ' de 'Weerd �' �� CAColes, City Clerk KAYLA MCNAY - YOUTH COMMISSIONER APPOINTMENT FOR PARKS AND RECREATION COMMISSION Page 1 of 1 CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING RANDY -B FUNK AS A YOUTH MEMBER TO THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Meridian Arts Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to arts within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the appointment of Randy -B Funk to the Meridian Arts Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Randy -B Funk is hereby appointed as Youth Member of the Meridian Arts Commission, for a term to expire on August 31, 2018. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this %1 day of September, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this Iq day of September, 2017, ATTEST By: C.J v Cc O�QpRATEDgVCG APPROVED: �G d'IX of m DIANA MayorAl- T m y SE Clerk de VWeerd- RANDY-B FUNK - YOUTH COMMISSIONER APPOINTMENT FOR MERIDIAN ARTS COMMISSION Page 1 of 1 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING THE REAPPOINTMENT OF J. SCOTT WALTERS TO SEAT 1 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-6-1 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; and WHEREAS; the Mayor and City Council for the City of Meridian wish to reappoint J. Scott Walters to Seat 1 of the Meridian Solid Waste Advisory Commission with a term to expire September 30, 2020; and WHEREAS, the Mayor and City Council of the City of Meridian deems the reappointment of J. Scott Walters to Seat 1 of the Solid Waste Advisory Commission to be in the best interest of the Meridian Solid Waste Advisory Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-6-3, J. Scott Walters is hereby reappointed to Seat 1 of Meridian Solid Waste Advisory with a terns to expire. September 30, 2020; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this �L_ day of September, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this / q day of September, 2017. C,&?ORATFoq APPROVED: Gc� Q -- - m [ ` u� o n ��d� W i°''`00 Mayor 'far ny de Weerd V qL ATTEST: By: C.Jay les, City Clerk RESOLUTION FOR REAPPOINTMENT OF J, SCOTT WALTERS TO THE SOLID WASTE ADvISORY COMMISSION - Page 1 CITY OF MERIDIAN RESOLUTION NO. / — -0 BY THE CITY COUNCIL: BIRD; BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING DAVID FULKERSON TO SEAT 1, GENE STRATE TO SEAT 2, AND JONATHAN WARDLE TO SEAT 3 OF THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06- 1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of the City of Meridian to re -appoint David Fulkerson to Seat 1, Gene Strate to Seat 2 and Jonathan Wardle to Seat 3 of the Impact Fee Advisory Committee. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That David Fulkerson is hereby appointed to Seat 1 of the Meridian Impact Fee Advisory Committee for the remainder of the term to run through September 30, 2020. Section 2. That Gene Strate is hereby appointed to Seat 2 of the Meridian Impact Fee Advisory Committee to run through December 31, 2017, Section 3. That Jonathan Wardle is hereby appointed to Seat 3 of the Meridian Impact Fee Advisory Committee for the remainder of the term to rum through September 30, 2020, Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2017. ADOPTED by the City Council of the City of Meridian, Idaho, this _ day of September, APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of September, 2017. APPROVED: TTEST: � o x G V Mayor T46Vde Weerd %oma L L, .J y Coles ity Clerk RESOLUTION FOR RE -APPOINTMENT OF DAVID FULKERSON, GENE STRATE AND JONATHAN WARDLE - MERIDIAN IMPACT FEE ADVISORY COMMITTEE - I Of I CITY OF MERIDIAN RESOLUTION NO. — � BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN RE -APPOINTING DAVID WINDER TO SEAT 4 AND DANIEL BASALONE TO SEAT 9 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation has been established by actions of the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelopment Agency for the City of Meridian; and and WHEREAS, that action. further established its members and terms of their appointments; WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to re -appoint David Winder to Seat 4 of the Meridian Development Corporation; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to re -appoint Daniel Basalone to Seat 9 of the Meridian Development Corporation; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That David Winder shall be re -appointed to Seat 4 of the Meridian Development Corporation, which term shall run through August 31, 2020, Section 2. That Daniel Basalone shall be re -appointed to Seat 9 of the Meridian Development Corporation, which term shall run through August 31, 2020. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this (f day of September, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this day of September, 2017, Gp�QpRATEDgflCG APPROVED: �� s, ATTEST: ID t-4 n L,q 'o4 y: m y Mayor T de Weerd 2�m L j. �� ay Co es, City Clerk TREA5UR��P�y RESOLUTION RE -APPOINTING WINDER AND BASALONE TO MERIDIAN DEVELOPMENT CORPORATION - PAGE I City Council Meeting September 19, 2017 Item #4E: Trust Storage –Zoning/Aerial Map Pre-plat/Final Plat REVISED Site Plan REVISED Landscape Plan REVISED Elevations Item #9D: Twelve Oaks Villas Short Plat Final Plat Landscape Plan Approved with CZC Conceptual Elevations Approved with Development Agreement Modification in 2016 Changes to Agenda: None Item #9A: Trust Storage – PFP, CUP (H-2017-0082) This item was continued from the September 5th meeting because the applicant was out of town. No testimony was taken during the 9/5 meeting. Application(s): Combined Preliminary/Final Plat and Conditional Use Permit Size of property, existing zoning, and location: This site consists of 9.28 of acres, zoned C-C, located at the northeast corner of S. Locust Grove Road and E. Puffin Street. Adjacent Land Use & Zoning: 1. North: C-store with fuel facility and carwash, zoned C-C 2. South: LDS Church, zoned R-8 3. East: Multi-family residential (Sagecrest Apts) and Mountain View High School, zoned L-O and R-4 4. West: Assisted living facility and single-family residential, zoned L-O and R-4 History:  In 2000, this property received annexation and zoning (AZ-00-004) approval of 16.119 acres of land with a C-N zoning district (Ordinance No. 882).  In 2010, a rezone (RZ-10-006) from the C-N zone to the C-C zone and a preliminary plat (PP-10-006) consisting of five (5) building lots was approved for the Somerton Subdivision. A development agreement was required with the rezone of the property and recorded as instrument #111037071. The subject property is a remnant parcel from the approval of the previous preliminary plat for Fast Eddy’s. The developer at the time failed to process any time extensions with the City and the Somerton plat has since expired. Summary of Request: The applicant has applied for a combined preliminary and final plat (PFP) consisting of two (2) building lots and a conditional use permit for a self-service storage facility on 9.28 acres of land in the C-C zoning district. Lot 2, Block 1 is proposed to develop with a self-service facility consisting of 14 storage buildings, including an attached office and the other lot is slated for development at a future date. The proposed storage facility is subject to specific use standards set forth in UDC 11-4-3-34. Commission Recommendation: Approval with changes to conditions 1.1.4, 1.1.6, and 1.1.7. Summary of Commission Public Hearing: The Meridian Planning & Zoning Commission heard these items on July 20 and August 3, 2017. At the public hearing, the Commission voted to recommend approval of the subject PFP and CUP requests. a. Summary of Commission Public Hearing: i. In favor: John Day, Kathy Wlodarczylk, Sharron Manvel, Reta Chatten and Glenn Shell (signed up as neutral) ii. In opposition: None iii. Commenting: None iv. Written testimony: Lisa Baird v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Design of the structures and appropriate building materials ii. Screening materials and the height of the screen wall iii. Landscaping along the perimeter of the facility c. Commission Change(s) to Staff Recommendation: i. Condition 1.1.4 – Commission struck bullet #1 and #2; and modified bullet #3 because the applicant submitted a revised landscape plan that addressed these items. ii. Condition 1.1.6 – Commission modified this condition to coincide with the revised elevations and include additional verbiage requiring compliance with the ASM and the site and structure standards set forth in UDC 11-3A-19. iii. Condition 1.1.7 – Commission struck bullet #1 and #3; and modified bullet #2 to specify the screen wall along the perimeter of the complex be 8 feet in height and designed to complement the design of the facility. d. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approval File Number H-2017-0082, as presented in the staff report for the hearing date of September 19, 2017, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0082, as presented during the hearing on September 19, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0082 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Notes: Item #9B: Twelve Oaks Villas - SHP (H-2017-0111) Update: The Council heard this application on September 5th; at that meeting, Council continued the project to tonight in order for Mr. Jewett to attend the meeting in person to address the design of the rear building elevations along the south boundary of the site – specifically the rear windows on the 2nd story of the townhomes. The elevations that were approved with the Certificate of Zoning Compliance depict high bedroom windows on the 2nd story rear elevations for light only; larger windows for the bedrooms are proposed on the side elevations. The high windows were added in order to comply with the design standards in the ASM which require windows on elevations facing common areas with pedestrian pathways for surveillance purposes; a pathway is planned in the future along the Tenmile Creek to the south of this site. Application:  Short Plat Size of property, existing zoning, and location: This site consists of 7.99 acres of land, zoned C-C and TN-R, located on the south side of W. Franklin Road, west of S. Linder Road at 1845 W. Franklin Road. Summary of Request: Request for a short plat consisting of 4 building lots & 1 common lot on 7.99 acres of land in the C-C & TN-R zoning districts. Written Testimony since Commission Hearing: None Staff Recommendation: Approval w/conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0111, as presented in the staff report for the hearing date of September19, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0111, as presented during the hearing on September 19, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0111 to the hearing date of ____________ for the following reason(s): (You should state specific reason(s) for continuance.) CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 21,2017 Item # Project Number: H-2017-0082 Project Name: Trust Storage Pleaseour rint name For Against Neutral Do you wish p Y 9 to testifv (Y/N) CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 21,2017 Item # Project Number: H-2017-0111 Project Name: Twelve Oaks Villas Pleaseour rint name For Against Neutral Do you wish p Y g to testifv (Y/N) Stacy Winn Office Administrator Ada County Paramedics 370 N. Benjamin Ln. Boise, ID 83704 Mayor Tarnmy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts September 19, 2017 RE: Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County (EMS JPA) - Notice of Annual Renewal. Dear Ms. Winn: At its regular meeting of September 19, 2017, the Meridian City Council made a motion on the record to renew its participation in the EMS JPA for the 2017-2018 fiscal year. Pursuant to Section 3.2 of the Agreement, a Party may renew its participation in the Agreement by providing written notice to all other Parties. I am writing to you in your capacity as Secretary and requesting that you distribute this notice to all Parties involved in the Agreement. Thank you for your assistance in this matter. IVI dy U I - cc: Meridian City Clerk Judy Gerhart, Meridian Fire Department City of Meridian . 33 E. Broadway Ave., Meridian, ID 83642 Phone 208-888-4433 . www.meridiancity.org CITY OF MERIDIAN RESOLUTION NO. 17 — (?0 72 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION ADOPTING THE FISCAL YEAR 2018 CITYWIDE FEE SCHEDULE, INCLUDING THE FISCAL YEAR 2018 RATE SCHEDULE OF SOLID WASTE COLLECTION SERVICES; SUPERSEDING ALL PREVIOUSLY ADOPTED FEES, WITH THE EXCEPTION OF RECREATIONAL PROGRAMMING FEES; AUTHORIZING CITY DEPARTMENTS TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in an effort to improve clarity and transparency in the collection of fees for City services, Finance Department staff compiled all fees currently in effect for City services, worked with City staff in all departments to analyze the continued applicability and accuracy of such fees, established a proposed Citywide Fee Schedule, and presented the proposed Fiscal Year 2018 ("FYI 8") Citywide Fee Schedule to the Meridian City Council at its meeting on August 22, 2017; WHEREAS, pursuant to Section 21 of the City's solid waste franchise agreement with Republic Services, Inc., providing for annual review of rates and charges for services provided, the proposed rates adjustment by Republic Services for fiscal year 2018 reflects an increase of 2.26% or $0.29 per household per month based on the contractual CPI adjustment. The commercial impact varies and is based on size and container frequency of collection, as set forth in Exhibit A hereto; WHEREAS, the proposed solid waste rates adjustment includes one new rate for commercial service. The proposed overload rate of $15.00 per yard will be charged when a container has been over -filled by the customer. The overload rate will be charged in increments of one yard; WHEREAS, Republic Services presented the updates to the solid waste collection fee schedule to the Solid Waste Advisory Commission at its meeting on July 26, 2017, and to the Meridian City Council at its meeting on August 15, 2017; WHEREAS, the directors and staff of the various City departments, and the Solid Waste Advisory Commission, recommend that the City Council adopt the FYI Citywide Fee Schedule, which includes the FYI Rate Schedule of Solid Waste Collection Services, as set forth in Exhibit A hereto; WHEREAS, pursuant to Idaho Code section 63-1311A, following publication of notice on September 1, 2017 and September 8, 2017, and public hearing on September 12, 2017, the City Council of Meridian did, by formal motion, approve the FY 18 Citywide Fee Schedule, which includes the FYI Rate Schedule of Solid Waste Collection Services, as set forth in Exhibit A hereto; and ADOPTION OF FY18 CITYWIDE FEE SCHEDULE PAGE 1 WHEREAS, due to the frequency of necessary updates for seasonally available programming, the Parks & Recreation Department, in compliance with Idaho Code section 63- 1311A, will adopt and maintain a separate fee schedule for recreational classes and programming offered and administered by the Department, rather than incorporating such fees into the FYI Citywide Fee Schedule; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the FYI Citywide Fee Schedule; which includes the FYI Rate Schedule of Solid Waste Collection Services, as set forth in Exhibit A, is hereby adopted. Section 2. That, as of its effective date, the FY18 Citywide Fee Schedule, as set forth in Exhibit A, will supersede all previous fees and fee schedules previously adopted, with the exception of fees adopted for recreational classes and programming offered and administered by the Meridian Parks & Recreation Department, which fees shall be adopted by separate process and fee schedule. Section 3. That the various departments of the City of Meridian are hereby authorized to implement and early out the collection of fees FYI Citywide Fee Schedule, as set forth in Exhibit A. Section 4. That this Resolution shall be in full force and effect on October 1, 2017 and ftirther the FYI solid waste rates shall apply as of the beginning October 5, 2017 billing cycle to be reflected on the November billings statements of the City of Meridian. ADOPTED by the City Council of the City of Meridian, Idaho, this 19`h day of September, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this 19th day of September, 2017. ATTES C.av Coles itv Clerk A OVED: Tammy de rd, Mayor ' a C11V of ADOPTION OF FYI8 CITYWIDE FEE SCHEDULE PAGE 2 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t Fe e T i t l e De s c r i p t i o n Fee Bu i l d i n g - S t r u c t u r a l A p p l i c a t i o n F e e s Re s i d e n t i a l (a d d i t i o n s , r e m o d e l s , g a r a g e s , s h e d s , ot h e r m i s c . ) $50.00 Bu i l d i n g - S t r u c t u r a l A p p l i c a t i o n F e e s Re s i d e n t i a l (n e w p r o j e c t s ) $150.00 Bu i l d i n g - S t r u c t u r a l A p p l i c a t i o n F e e s Mu l t i - f a m i l y p r o j e c t v a l u e > $ 2 0 , 0 0 0 $150.00 Bu i l d i n g - S t r u c t u r a l A p p l i c a t i o n F e e s Mu l t i - f a m i l y p r o j e c t v a l u e < $ 2 0 , 0 0 0 $50.00 Bu i l d i n g - S t r u c t u r a l A p p l i c a t i o n F e e s Co m m e r c i a l p r o j e c t v a l u e > $ 2 0 , 0 0 0 $150.00 Bu i l d i n g - S t r u c t u r a l A p p l i c a t i o n F e e s Co m m e r c i a l p r o j e c t v a l u e < $ 2 0 , 0 0 0 $50.00 Bu i l d i n g - S t r u c t u r a l A p p l i c a t i o n F e e s Fl o o d p l a i n $25.00 Bu i l d i n g - S t r u c t u r a l R e s i d e n t i a l / C o m m e r c i a l P e r m i t F e e C a l c u l a t i o n F o r m u l a $5 0 . 0 0 b a s e f e e p l u s $ 5 . 5 0 a d d ' l f o r e a $1 , 0 0 0 o f p r o j e c t v a l u e o r f r a c t i o n t h e r e o f Bu i l d i n g - S t r u c t u r a l R e s i d e n t i a l / C o m m e r c i a l V a l u a t i o n $5 0 . 0 0 b a s e f e e p l u s $ 5 . 5 0 a d d ' l f o r e a $ 1 , 0 0 0 o f pr o j e c t v a l u e o r f r a c t i o n t h e r e o f Pr o j e c t V a l u e : $ 9 4 . 0 6 (per BVD table) Bu i l d i n g - S t r u c t u r a l G a r a g e s - V a l u a t i o n $5 0 . 0 0 b a s e f e e p l u s $ 5 . 5 0 a d d ' l f o r e a $ 1 , 0 0 0 o f pr o j e c t v a l u e o r f r a c t i o n t h e r e o f Pr o j e c t V a l u e : $ 3 6 . 9 1 p e r s q . f t Bu i l d i n g - S t r u c t u r a l A d d i t i o n s - V a l u a t i o n $5 0 . 0 0 b a s e f e e p l u s $ 5 . 5 0 a d d ' l f o r e a $ 1 , 0 0 0 o f pr o j e c t v a l u e o r f r a c t i o n t h e r e o f Pr o j e c t V a l u e : $ 7 2 . 0 0 p e r s q . f t Bu i l d i n g - S t r u c t u r a l C o v e r e d p a t i o s / S t o r a g e S h e d s - V a l u a t i o n $5 0 . 0 0 b a s e f e e p l u s $ 5 . 5 0 a d d ' l f o r e a $ 1 , 0 0 0 o f pr o j e c t v a l u e o r f r a c t i o n t h e r e o f Pr o j e c t V a l u e : $ 1 6 . 0 0 p e r s q . f t Bu i l d i n g - S t r u c t u r a l P l a n M o d i f i c a t i o n Re s i d e n t i a l (N o n - R e f u n d a b l e . W i l l b e a p p l i e d t o pe r m i t f e e u s i n g R e s i d e n t i a l / C o m m e r i c a l P e r m i t F e e Ca l c u l a t i o n F o r m u l a ) $50.00 Bu i l d i n g - S t r u c t u r a l P l a n M o d i f i c a t i o n Mu l t i - f a m i l y p r o j e c t v a l u e > $ 2 0 , 0 0 0 ( N o n - Re f u n d a b l e . W i l l b e a p p l i e d t o p e r m i t f e e u s i n g Re s i d e n t i a l / C o m m e r i c a l P e r m i t F e e C a l c u l a t i o n Fo r m u l a ) $150.00 Bu i l d i n g - S t r u c t u r a l P l a n M o d i f i c a t i o n Mu l t i - f a m i l y p r o j e c t v a l u e < $ 2 0 , 0 0 0 (N o n - Re f u n d a b l e . W i l l b e a p p l i e d t o p e r m i t f e e u s i n g Re s i d e n t i a l / C o m m e r i c a l P e r m i t F e e C a l c u l a t i o n Fo r m u l a ) $50.00 Bu i l d i n g - S t r u c t u r a l P l a n M o d i f i c a t i o n Co m m e r c i a l p r o j e c t v a l u e > $ 2 0 , 0 0 0 (N o n - Re f u n d a b l e . W i l l b e a p p l i e d t o p e r m i t f e e u s i n g Re s i d e n t i a l / C o m m e r i c a l P e r m i t F e e C a l c u l a t i o n Fo r m u l a ) $150.00 Bu i l d i n g - S t r u c t u r a l P l a n M o d i f i c a t i o n Co m m e r c i a l p r o j e c t v a l u e < $ 2 0 , 0 0 0 ( N o n - Re f u n d a b l e . W i l l b e a p p l i e d t o p e r m i t f e e u s i n g Re s i d e n t i a l / C o m m e r i c a l P e r m i t F e e C a l c u l a t i o n Fo r m u l a ) $50.00 Bu i l d i n g - S t r u c t u r a l P e r m i t E x t e n s i o n s p r i o r t o e x p i r a t i o n $50.00 Bu i l d i n g - S t r u c t u r a l D e m o F e e $50.00 Bu i l d i n g - S t r u c t u r a l W o o d s t o v e s F e e $50.00 Bu i l d i n g - S t r u c t u r a l M o b i l e H o m e S e t U p F e e $50.00 Bu i l d i n g - S t r u c t u r a l C o n t r a c t o r C h a n g e a f t e r p e r m i t i s s u e . (N e w P e r m i t m u s t b e i s s u e d w i t h n e w c o n t r a c t o r in f o r m a t i o n ) $50.00 Bu i l d i n g - S t r u c t u r a l C e r t i f i c a t e o f O c c u p a n c y i s s u a n c e ( w i t h n o c o n s t r u c t i o n ) $110.00 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a t e d F e e S c h e d u l e F Y 1 8 r e s o 1 of 19 EX H I B I T A Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Bu i l d i n g - S t r u c t u r a l C o m m e r c i a l P l a n C h e c k f e e (N o n - r e f u n d a b l e . F e e s w i l l b e ap p l i e d t o p e r m i t ) 65 % o f B u i l d i n g P e r m i t F e e Bu i l d i n g - S t r u c t u r a l R e - I n s p e c t i o n F e e s $45.00 Bu i l d i n g - S t r u c t u r a l D o u b l e f e e ( f o r r e - i n s p e c t i o n ) $90.00 Bu i l d i n g - S t r u c t u r a l W o r k C o m m e n c i n g W i t h o u t P e r m i t Do u b l e p e r m i t f e e s w i l l b e t h e m i n i m u m charge assessed Bu i l d i n g - S t r u c t u r a l P o l i c e I m p a c t F e e s - R e s i d e n t ia l - S i n g l e F a m i l y p e r d w e l l i n g u n i t $135.72 Bu i l d i n g - S t r u c t u r a l P o l i c e I m p a c t F e e s - R e s i d e n t ia l - M u l t i f a m i l y p e r d w e l l i n g u n i t $135.72 Bu i l d i n g - S t r u c t u r a l P o l i c e I m p a c t F e e s - N o n r e s i d en t i a l p e r s q u a r e f o o t $0.07 Bu i l d i n g - S t r u c t u r a l F i r e I m p a c t F e e s - R e s i d e n ti a l - S i n g l e F a m i l y p e r d w e l l i n g u n i t $551.07 Bu i l d i n g - S t r u c t u r a l F i r e I m p a c t F e e s - R e s i d e n ti a l - M u l t i f a m i l y p e r d w e l l i n g u n i t $551.07 Bu i l d i n g - S t r u c t u r a l F i r e I m p a c t F e e s - N o n r e s i de n t i a l p e r s q u a r e f o o t $0.29 Bu i l d i n g - S t r u c t u r a l P a r k s I m p a c t F e e s - R e s i d e n t i al - S i n g l e F a m i l y p e r d w e l l i n g u n i t $1,080.72 Bu i l d i n g - S t r u c t u r a l P a r k s I m p a c t F e e s - R e s i d e n t i al - M u l t i f a m i l y p e r d w e l l i n g u n i t $767.52 Bu i l d i n g - E l e c t r i c a l T e m p o r a r y p o w e r p o l e s / c o n s t r u c ti o n s e r v i c e s a . 2 0 0 a m p s o r l e s s , o n e l o c a t i o n $ 4 0 . 0 0 Bu i l d i n g - E l e c t r i c a l T e m p o r a r y p o w e r p o l e s / c o n s t r u c ti o n s e r v i c e s b . o v e r 2 0 0 a m p s Co m m e r c i a l f e e s c h e d u l e ( R e f N o . 2 . 2 . 0 9 ) Bu i l d i n g - E l e c t r i c a l N e w R e s i d e n t i a l a. U p t o a n d i n c l u d i n g 2 0 0 a m p s e r v i c e $ 1 2 0 . 0 0 Bu i l d i n g - E l e c t r i c a l N e w R e s i d e n t i a l b. 2 0 1 a m p s e r v i c e u p t o 4 0 0 a m p s $ 2 1 0 . 0 0 Bu i l d i n g - E l e c t r i c a l N e w R e s i d e n t i a l c. 4 0 1 a m p s e r v i c e a n d a b o v e Co m m e r c i a l f e e s c h e d u l e ( R e f N o . 2 . 2 . 0 9 ) Bu i l d i n g - E l e c t r i c a l M u l t i - f a m i l y D w e l l i n g s – D u p l e xe s $210.00 Bu i l d i n g - E l e c t r i c a l M u l t i - f a m i l y D w e l l i n g s – D u p l e xe s T h r e e ( 3 ) o r m o r e m u l t i - f a m i l y u n i t s $ 1 2 0 . 0 0 p e r building plus $60.00 per unit Bu i l d i n g - E l e c t r i c a l E x i s t i n g R e s i d e n t i a l $4 0 . 0 0 p e r m i t f e e plus $10.00 for each branch circuit Bu i l d i n g - E l e c t r i c a l H o t T u b s , S w i m m i n g P o o l s , a n d ot h e r s p a s $40.00 Bu i l d i n g - E l e c t r i c a l G r o u n d G r i d $40.00 Bu i l d i n g - E l e c t r i c a l M o b i l e H o m e S e r v i c e F e e $5 0 p e r m i t f e e p l u s $10 per each add'l branch circuit Bu i l d i n g - E l e c t r i c a l C o m m e r c i a l , I n d u s t r i a l , a n d o t he r p e r m i t f e e s a. W i r i n g c o s t s $ 0 . 0 0 n o t e x c e e d i n g $ 2 , 0 0 0 $4 0 . 0 0 plus 2.5% of total wiring cost Bu i l d i n g - E l e c t r i c a l C o m m e r c i a l , I n d u s t r i a l , a n d o t he r p e r m i t f e e s b. W i r i n g c o s t s o v e r $ 2 , 0 0 0 n o t e x c e e d i n g $ 1 0 , 0 0 0 $1 0 0 . 0 0 plus 1% of total wiring cost Bu i l d i n g - E l e c t r i c a l C o m m e r c i a l , I n d u s t r i a l , a n d o t he r p e r m i t f e e s c. W i r i n g c o s t o v e r $ 1 0 , 0 0 0 $1 8 0 . 0 0 plus ½ of 1% of that portion Bu i l d i n g - E l e c t r i c a l R e - I n s p e c t i o n F e e $45.00 Bu i l d i n g - E l e c t r i c a l D o u b l e f e e ( f o r r e - i n s p e c t i o n ) $90.00 Bu i l d i n g - E l e c t r i c a l W o r k c o n s t r u c t e d w i t h o u t a p e r mi t Do u b l e p e r m i t f e e s w i l l b e t h e m i n i m u m charge assessed Bu i l d i n g - M e c h a n i c a l B a s e F e e - A p p l i e d t o a l l p e r m it s $50.00 Bu i l d i n g - M e c h a n i c a l F i x t u r e s a n d A p p l i a n c e s (F u r n a c e , f u r n a c e - a i r c o n d i t i o n e r c o m b i n a t i o n , h e a t pu m p , a i r c o n d i t i o n e r , e v a p o r a t i v e c o o l e r , u n i t h e a te r , sp a c e h e a t e r , d e c o r a t i v e g a s f i r e d a p p l i a n c e , in c i n e r a t o r , b o i l e r , p o o l h e a t e r a n d s i m i l a r f i x t u r es o r ap p l i a n c e s . ) Fi r s t = $ 3 5 . 0 0 Each Additional $15.00 each H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 2 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Bu i l d i n g - M e c h a n i c a l E x h a u s t a n d V e n t i l a t i o n D u c t s (E x h a u s t o r v e n t i l a t i o n d u c t s u c h a s d r y e r v e n t s , ra n g e h o o d v e n t s , c o o k s t o v e v e n t s , b a t h f a n v e n t s an d t h e s i m i l a r e x h a u s t a n d v e n t i l a t i o n d u c t s . ) Fi r s t = $ 1 5 . 0 0 Each Additional $5.00 each Bu i l d i n g - M e c h a n i c a l F u e l G a s P i p i n g (F i x t u r e o r a p p l i a n c e o u t l e t s f o r t h e f u e l g a s pi p i n g s y s t e m . ) Fi r s t = $ 1 5 . 0 0 Each Additional $5.00 each Bu i l d i n g - M e c h a n i c a l Fi r e p l a c e O n l y P e r m i t (t h i s i s w i t h g a s p i p i n g a l r e a d y i n p l a c e o r pe r m i t t e d b y o t h e r s ) $5 0 . 0 0 b a s e p e r m i t f e e p l u s F i x t u r e ch a r g e o f $ 3 5 . 0 0 f o r 1 s t a n d $ 1 5 . 0 0 f o r each additional fixture Bu i l d i n g - M e c h a n i c a l M u l t i - F a m i l y a n d C o m m e r c i a l (a s d e f i n e d i n t h e I n t e r n a t i o n a l Bu i l d i n g C o d e ) Fo r p r o j e c t s $ 2 0 , 0 0 0 o r l e s s 3% o f j o b v a l u e p l u s $ 5 0 . 0 0 b a s e p e r m i t fee Bu i l d i n g - M e c h a n i c a l M u l t i - F a m i l y a n d C o m m e r c i a l (a s d e f i n e d i n t h e I n t e r n a t i o n a l Bu i l d i n g C o d e ) Fo r p r o j e c t s $ 2 0 , 0 0 0 . 0 1 t h r o u g h $ 1 0 0 , 0 0 0 2% o f j o b v a l u e o v e r $ 2 0 , 0 0 0 p l u s $650.00 Bu i l d i n g - M e c h a n i c a l M u l t i - F a m i l y a n d C o m m e r c i a l (a s d e f i n e d i n t h e I n t e r n a t i o n a l Bu i l d i n g C o d e ) Fo r p r o j e c t s $ 1 0 0 , 0 0 0 t h r o u g h $ 2 0 0 , 0 0 0 1% o f j o b v a l u e o v e r $ 1 0 0 , 0 0 0 p l u s $2,250 Bu i l d i n g - M e c h a n i c a l M u l t i - F a m i l y a n d C o m m e r c i a l (a s d e f i n e d i n t h e I n t e r n a t i o n a l Bu i l d i n g C o d e ) Fo r p r o j e c t s $ 2 0 0 , 0 0 0 o r m o r e ½% o f j o b v a l u e o v e r $ 2 0 0 , 0 0 0 p l u s $3,250 Bu i l d i n g - M e c h a n i c a l R e - I n s p e c t i o n F e e $45.00 Bu i l d i n g - M e c h a n i c a l D o u b l e f e e ( f o r r e - i n s p e c t i o n ) $90.00 Bu i l d i n g - M e c h a n i c a l W o r k c o n s t r u c t e d w i t h o u t a p e r mi t Do u b l e p e r m i t f e e s w i l l b e t h e m i n i m u m charge assessed Bu i l d i n g - P l u m b i n g P e r m i t f e e ( e a c h l i v i n g u n i t ) E a c h s i n g l e f a m i l y d w e l l i n g , o r l i v i n g u n i t i n an a p a r t m e n t , c o n d o m i n i u m , t o w n h o u s e o r ot h e r m u l t i p l e u n i t . $30.00 Bu i l d i n g - P l u m b i n g P e r m i t f e e ( e a c h l i v i n g u n i t ) P e r f i x t u r e $8.00 Bu i l d i n g - P l u m b i n g P e r m i t f e e ( e a c h l i v i n g u n i t ) F i x tu r e r e p l a c e m e n t p e r m i t f e e $ 3 0 . 0 0 Bu i l d i n g - P l u m b i n g P e r m i t f e e ( e a c h l i v i n g u n i t ) R e p la c e m e n t p e r f i x t u r e $ 8 . 0 0 Bu i l d i n g - P l u m b i n g P e r m i t f e e ( e a c h l i v i n g u n i t ) L a w n s p r i n k l e r p e r m i t f e e $ 3 0 . 0 0 Bu i l d i n g - P l u m b i n g P e r m i t f e e ( e a c h l i v i n g u n i t ) B a c kf l o w d e v i c e $8.00 Bu i l d i n g - P l u m b i n g P e r m i t f e e ( e a c h l i v i n g u n i t ) W a t er C o n d i t i o n e r s $30.00 Bu i l d i n g - P l u m b i n g P e r m i t f e e ( e a c h l i v i n g u n i t ) W a t er c o n d i t i o n e r a d d i t i o n a l p e r u n i t f e e $ 8 . 0 0 Bu i l d i n g - P l u m b i n g P e r m i t f e e ( e a c h l i v i n g u n i t ) R e s id e n t i a l s e w e r / w a t e r c o m b o f e e ( o n e in s p e c t i o n ) $50.00 Bu i l d i n g - P l u m b i n g P e r m i t f e e ( e a c h l i v i n g u n i t ) R e s id e n t i a l s e w e r l i n e o r r e p l a c e m e n t $ 3 8 . 0 0 Bu i l d i n g - P l u m b i n g P e r m i t f e e ( e a c h l i v i n g u n i t ) Mo b i l e h o m e c o n n e c t o r r e c o n n e c t o f w a t e r o r s e w e r to e x i s t i n g s t u b o u t s $40.00 Bu i l d i n g - P l u m b i n g P r o j e c t V a l u a t i o n T a b l e : F o r p r o j ec t s $ 2 0 , 0 0 0 o r l e s s 3% of job value and $30.00 Bu i l d i n g - P l u m b i n g P r o j e c t V a l u a t i o n T a b l e : F o r p r o j ec t s $ 2 0 , 0 0 0 t h r o u g h $ 1 0 0 , 0 0 0 2% o f j o b v a l u e o v e r $ 2 0 , 0 0 0 p l u s $ 6 3 0 Bu i l d i n g - P l u m b i n g P r o j e c t V a l u a t i o n T a b l e : F o r p r o j ec t s $ 1 0 0 , 0 0 0 t h r o u g h $ 2 0 0 , 0 0 0 1% o f j o b v a l u e o v e r $ 1 0 0 , 0 0 0 p l u s $2,230 Bu i l d i n g - P l u m b i n g P r o j e c t V a l u a t i o n T a b l e : F o r p r o j ec t s $ 2 0 0 , 0 0 0 o r m o r e ½% o f j o b v a l u e o v e r $ 2 0 0 , 0 0 0 p l u s $3,230 Bu i l d i n g - P l u m b i n g O t h e r P l u m b i n g f e e s Re - I n s p e c t i o n s $45.00 Bu i l d i n g - P l u m b i n g O t h e r P l u m b i n g f e e s Do u b l e f e e ( f o r r e - i n s p e c t i o n ) $ 9 0 . 0 0 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 3 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Bu i l d i n g - P l u m b i n g O t h e r P l u m b i n g f e e s Wo r k c o m m e n c i n g w i t h o u t a p e r m i t Do u b l e p e r m i t f e e s w i l l b e t h e m i n i m u m charge assessed. Bu i l d i n g - F i r e Co m m e r c i a l P l a n R e v i e w s Ap p l i c a t i o n F e e (n o n - r e f u n d a b l e d e p o s i t a p p l i e d t o $100.00 Bu i l d i n g - F i r e Co m m e r c i a l P l a n R e v i e w s Fi r e S p r i n k l e r p l a n r e v i e w b a s e f e e (u p t o 3 5 $1 5 0 . 0 0 p l u s $ 4 . 2 5 p e r d e v i c e ( i f Bu i l d i n g - F i r e Co m m e r c i a l P l a n R e v i e w s Fi r e A l a r m S y s t e m p l a n r e v i e w b a s e f e e (u p $1 5 0 . 0 0 p l u s $ 4 . 2 5 p e r d e v i c e ( i f Bu i l d i n g - F i r e Co m m e r c i a l P l a n R e v i e w s Fi r e C o d e p l a n r e v i e w 30 % o f t h e B l d g P e r m i t f e e Bu i l d i n g - F i r e Co m m e r c i a l P l a n R e v i e w s Re - S u b m i t t a l r e v i e w $75.00 per hour Bu i l d i n g - F i r e Co m m e r c i a l P l a n R e v i e w s Wo r k c o m m e n c i n g w i t h o u t p e r m i t double permit fee Bu i l d i n g - F i r e In s p e c t i o n s Ha z a r d o u s M a t e r i a l R e v i e w a n d I n s p e c t i o n $225.00 Bu i l d i n g - F i r e In s p e c t i o n s Fl a m m a b l e L i q u i d S t o r a g e T a n k s R e v i e w $125.00 per tank Bu i l d i n g - F i r e In s p e c t i o n s Af t e r H o u r s I n s p e c t i o n s $100.00 per hour Bu i l d i n g - F i r e In s p e c t i o n s Ad d i t i o n a l I n s p e c t i o n s $65.00 per hour Bu i l d i n g - F i r e In s p e c t i o n s Fi n a l I n s p e c t i o n i n e x c e s s o f o n e h o u r $65.00 per hour Bu i l d i n g - F i r e In s p e c t i o n s In s p e c t i o n o f C o m m e r c i a l H o o d $125.00 per system Bu i l d i n g - F i r e St o r a g e P e r m i t s Hi g h P i l e d C o m b u s t i b l e S t o r a g e $1 5 0 . 0 0 p e r b u i l d i n g o r a r e a Pl a n n i n g A c c e s s o r y u s e f o r d a y c a r e o r h o m e o c c u p a t i o n $160.00 Pl a n n i n g A d d i t i o n a l h e a r i n g ( p o s t r e c o n s i d e r a t i o n ) $692.00 Pl a n n i n g A l t e r n a t i v e c o m p l i a n c e $160.00 Pl a n n i n g A n n e x a t i o n , s t a f f p r e p a r e d c o n s e n s u a l $2,086.00 Pl a n n i n g A n n e x a t i o n / r e z o n e $1,826.00 Pl a n n i n g A n n e x a t i o n / r e z o n e w / o u t c o n c u r r e n t a p p l i c a t io n $2,092.00 Pl a n n i n g C e r t i f i c a t e o f z o n i n g c o m p l i a n c e $453.00 Pl a n n i n g C e r t i f i c a t e o f z o n i n g c o m p l i a n c e w / p r i o r a p pr o v a l $173.00 Pl a n n i n g C i t y c o u n c i l r e v i e w ( a p p e a l ) $692.00 Pl a n n i n g C o m p r e h e n s i v e p l a n m a p a m e n d m e n t $2,409.00 Pl a n n i n g C o m p r e h e n s i v e p l a n t e x t a m e n d m e n t $1,431.00 Pl a n n i n g C o n d i t i o n a l u s e ( o r C o m m i s s i o n l e v e l m o d i f i ca t i o n ) $1,369.00 Pl a n n i n g C o n d i t i o n a l u s e m i n o r m o d i f i c a t i o n $378.00 Pl a n n i n g D e s i g n r e v i e w $173.00 Pl a n n i n g D e v e l o p m e n t a g r e e m e n t $303.00 Pl a n n i n g D e v e l o p m e n t a g r e e m e n t m o d i f i c a t i o n $502.00 Pl a n n i n g D i r e c t o r d e t e r m i n a t i o n / z o n i n g v e r i f i c a t i o n $213.00 Pl a n n i n g I n s p e c t i o n s , a d d i t i o n a l $53.00 Pl a n n i n g M i s c e l l a n e o u s h e a r i n g i t e m $937.00 Pl a n n i n g P l a n n e d u n i t d e v e l o p m e n t $2,001.00 Pl a n n i n g P l a n n e d u n i t d e v e l o p m e n t , p e r e x c e p t i o n f e e $107.00 Pl a n n i n g P l a n n e d u n i t d e v e l o p m e n t , F i r e D e p a r t m e n t R ev i e w F e e s $250 + $1 per lot Pl a n n i n g P l a t , c o m b i n a t i o n $2,189.00 Pl a n n i n g P l a t , f i n a l $1,242.00 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 4 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Pl a n n i n g P l a t , f i n a l p e r l o t P & Z a n d P W f e e $36.00 Pl a n n i n g P l a t , f i n a l , m o d i f i c a t i o n t o c o n d i t i o n $541.00 Pl a n n i n g P l a t , p r e l i m i n a r y $2,104.00 Pl a n n i n g P l a t , p r e l i m i n a r y p e r l o t P & Z a n d P W f e e $24.00 Pl a n n i n g P l a t , p r e l i m i n a r y F i r e D e p a r t m e n t r e v i e w f e e $160 + $1 per lot Pl a n n i n g P l a t , s h o r t $868.00 Pl a n n i n g P r i v a t e r o a d $198.00 Pl a n n i n g P r o p e r t y b o u n d a r y a d j u s t m e n t $365.00 Pl a n n i n g R e - n o t i c e o f a p u b l i c h e a r i n g $183.00 Pl a n n i n g S i g n $53.00 Pl a n n i n g S i g n , l i m i t e d d u r a t i o n $27.00 Pl a n n i n g S u r e t y f e e $133.00 Pl a n n i n g T i m e e x t e n s i o n , C o m m i s s i o n o r C o u n c i l $493.00 Pl a n n i n g T i m e e x t e n s i o n , D i r e c t o r $133.00 Pl a n n i n g U n i f i e d d e v e l o p m e n t c o d e t e x t a m e n d m e n t $1,723.00 Pl a n n i n g V a c a t i o n s ( i n c l u d i n g r e c o r d e d p l a t n o t e s ) $589.00 Pl a n n i n g V a r i a n c e $1,056.00 Pl a n n i n g Z o n i n g v e r i f i c a t i o n l e t t e r $53.00 Pu b l i c W o r k s A s s e s s m e n t F e e s Wa s t e W a t e r ( P h a s e 1 ) $ 3 , 8 8 4 . 0 0 Pu b l i c W o r k s A s s e s s m e n t F e e s Wa t e r $1,973.00 Pu b l i c W o r k s A s s e s s m e n t F e e s Pr e s s u r i z e d I r r i g a t i o n f o r S e c o n d a r y Co n n e c t i o n $525.00 Pu b l i c W o r k s W a t e r R a t e Ba s e ( a d m i n i s t r a t i v e f e e ) $ 5 . 4 9 Pu b l i c W o r k s W a t e r R a t e Us e C h a r g e ( P e r 1 0 0 0 g a l l o n s ) $ 1 . 9 0 Pu b l i c W o r k s S e w e r R a t e Ba s e ( a d m i n i s t r a t i v e f e e ) $ 8 . 6 5 Pu b l i c W o r k s S e w e r R a t e Us e C h a r g e ( P e r 1 0 0 0 g a l l o n s ) $ 5 . 5 4 Pu b l i c W o r k s S e w e r R a t e EP A C o m p l i a n c e F e e $3.75 Pu b l i c W o r k s M i s c e l l a n e o u s W a s t e w a t e r F e e : P r i v a t e S e we r S y s t e m R e v i e w $ 1 , 0 0 0 . 0 0 Pu b l i c W o r k s M i s c e l l a n e o u s W a s t e w a t e r F e e : P r i v a t e L i ft S t a t i o n O & M by individual agreement Pu b l i c W o r k s M i s c e l l a n e o u s W a s t e w a t e r F e e : S e p t a g e D u mp ( p e r 1 0 0 0 g a l l o n s ) $ 4 8 . 0 0 Pu b l i c W o r k s W a t e r M e t e r s : Me t e r A d a p t o r K i t (* a ) $80.00 Pu b l i c W o r k s W a t e r M e t e r s : Si n g l e P o r t M X U - 5 2 0 M $ 1 4 9 . 7 3 Pu b l i c W o r k s W a t e r M e t e r s : Du a l P o r t M X U - 5 2 0 M ( * b ) $ 8 5 . 5 0 Pu b l i c W o r k s W a t e r M e t e r s : 3/ 4 i n c h m e t e r $154.73 Pu b l i c W o r k s W a t e r M e t e r s : 3/ 4 i n c h m e t e r ( s h o r t ) $145.62 Pu b l i c W o r k s W a t e r M e t e r s : 1 i n c h m e t e r $196.88 Pu b l i c W o r k s W a t e r M e t e r s : 1 1 / 2 i n c h m e t e r $841.36 Pu b l i c W o r k s W a t e r M e t e r s : 2 i n c h m e t e r $991.81 Pu b l i c W o r k s W a t e r M e t e r s : 4 i n c h t u r b o m e t e r $2,414.76 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 5 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Pu b l i c W o r k s W a t e r M e t e r s : 4 i n c h c o m p o u n d m e t e r $ 3 , 0 8 9 . 1 0 Pu b l i c W o r k s W a t e r M e t e r s : 1 1 / 2 I n c h M e t e r ( I r r i g a t i o n ) T 2 $ 8 4 1 . 3 6 Pu b l i c W o r k s W a t e r M e t e r s : 2 I n c h M e t e r ( I r r i g a t i o n ) T 2 $ 9 9 1 . 8 1 Pu b l i c W o r k s W a t e r M e t e r s : 4 i n c h T u r b o M e t e r ( I r r i g a t i o n ) T 2 $ 2 , 4 1 4 . 7 6 Pu b l i c W o r k s W a t e r M e t e r s : 3/ 4 i n c h M e t e r ( R e c l a i m e d ) $ 1 6 8 . 5 2 Pu b l i c W o r k s W a t e r M e t e r s : 1 i n c h M e t e r ( R e c l a i m e d ) $ 2 3 6 . 5 2 Pu b l i c W o r k s W a t e r M e t e r s : 1 1 / 2 i n c h T - 2 M e t e r ( R e c l a i m e d ) $ 9 6 4 . 0 5 Pu b l i c W o r k s W a t e r M e t e r s : 1 1 / 2 i n c h C - 2 M e t e r ( R e c l a i m e d ) $ 1 , 3 9 9 . 4 8 Pu b l i c W o r k s W a t e r M e t e r s : 2 i n c h T - 2 M e t e r ( R e c l a i m e d ) $ 1 , 1 3 9 . 7 9 Pu b l i c W o r k s W a t e r M e t e r s : 2 i n c h C - 2 M e t e r ( R e c l a i m e d ) $ 1 , 6 1 1 . 7 0 Pu b l i c W o r k s W a t e r M e t e r s : 4 i n c h T - 2 M e t e r ( R e c l a i m e d ) $ 2 , 7 1 6 . 3 9 Pu b l i c W o r k s W a t e r M e t e r s : 4 i n c h C - 2 M e t e r ( R e c l a i m e d ) $ 3 , 2 0 0 . 1 1 Pu b l i c W o r k s W a t e r M e t e r s : Hy d r a n t M e t e r $1,349.95 Pu b l i c W o r k s W a t e r M e t e r s : Ba c k f l o w A s s e m b l y $398.65 Pu b l i c W o r k s W a t e r M e t e r s : Hy d r a n t M e t e r 3 / 4 " w / B a c k f l o w $ 1 , 7 4 8 . 6 0 Pu b l i c W o r k s W a t e r M e t e r s : Pr i v a t e W a t e r S y s t e m R e v i e w $ 5 0 0 . 0 0 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : 3 / 4 i n c h a n g l e va l v e s $76.16 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : P a d l o c k $7.43 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : 2 i n c h g a t e v a l ve f o r h y d r a n t m e t e r $ 1 4 9 . 0 0 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : M e t e r S e t t e r 3 / 4 i n c h $242.50 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : M e t e r S e t t e r 1 in c h $442.00 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : M e t e r S e t t e r 1 . 5 i n c h $955.84 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : M e t e r S e t t e r 2 in c h $1,113.46 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : S e r v i c e T r u c k , He a v y D u t y ( p e r h o u r ) $ 2 7 . 5 8 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : S e r v i c e T r u c k , Li g h t D u t y ( p e r h o u r ) $ 1 3 . 1 5 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : E q u i p m e n t , H e a v y D u t y ( p e r h o u r ) $ 1 2 . 2 3 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : E q u i p m e n t , L i g h t D u t y ( p e r h o u r ) $ 6 . 0 1 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : R e s i d e n t i a l M e t er L i d a n d R i n g $ 1 5 9 . 0 0 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : H y d r a n t M e t e r S wi v e l a n d S c r e e n $ 4 7 7 . 3 7 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : H y d r a n t M e t e r R eg i s t e r L i d $ 8 . 1 5 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : H y d r a n t M e t e r G at e V a l v e H a n d l e 2 " $ 3 . 3 0 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : F i r e H y d r a n t $1,630.50 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : 1 i n c h A n g l e V a lv e $139.97 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : 1 . 5 i n c h A n g l e Va l v e $225.80 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : 2 i n c h A n g l e V a lv e $266.44 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : M e t e r P i t U p g r a de t o T r a f f i c R a t e d $ 3 8 2 . 5 3 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : L i d O n l y - 2 4 " Ma n h o l e C o v e r $ 1 3 0 . 7 1 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : G r a d e R i n g - T o p 4 " $40.00 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : G r a d e R i n g - B o tt o m 2 " $ 2 9 . 3 3 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 6 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : M a n h o l e R i n g $141.43 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : C M P $104.50 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : N o n - T r a f f i c R a t ed S t a n d a r d L i d & R i n g $ 8 0 . 0 0 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : N o n - T r a f f i c R a t ed M e t e r T u b / T i l e f o r Si n g l e / D o u b l e S e r v i c e s $97.13 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : H y d r a n t B r e a k - A wa y K i t $ 1 8 0 . 0 0 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : H y d r a n t - 6 " E x te n s i o n $473.00 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : V a l v e B o x - 1 6 " T o p S e c t i o n $ 7 3 . 6 4 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : V a l v e B o x - 2 6 " T o p S e c t i o n $ 8 3 . 0 6 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : V a l v e B o x - 3 6 " B o t t o m S e c t i o n $ 8 5 . 6 2 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : V a l v e B o x E x t e n si o n R i s e r 1 - 6 " $ 1 8 . 5 7 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : V a l v e L i d $15.00 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : M e t e r T u b 3 6 " $98.00 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : M e t e r T u b 4 2 " $97.13 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : T r a f f i c R a t e d L id 2 0 " $256.00 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : 1 " I P C o m p r e s s i on x 3 / 4 M I P B r a s s F i t t i n g $ 3 8 . 1 1 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : 3 / 4 F I P x F I P B ra s s C u r b S t o p V a l v e $ 6 1 . 7 6 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : 1 " x 1 " I P P E C om p r e s s i o n x C o m p r e s s i o n Gr i p C o u p l e r $48.79 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : 1 " I P 2 0 0 P S I P o ly P i p e P e r l i n e a r F t . $ 0 . 5 3 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e : 3 / 4 " I P 2 0 0 P S I Po l y P i p e P e r l i n e a r F t . $ 0 . 3 6 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e H o u r l y c h a r g e , s er v i c e c a l l $ 4 4 . 4 4 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e H y d r a n t m e t e r , d ai l y r e n t a l $ 5 . 0 0 Pu b l i c W o r k s W a t e r S y s t e m R e p a i r F e e S e r v i c e T u r n - o n $30.00 Pu b l i c W o r k s E n g i n e e r i n g / D e v e l o p m e n t S e r v i c e s Q u a l i f i ed L i c e n s e P r o f e s s i o n a l E n g i n e e r (Q L P E ) R e v i e w $260.00 per sheet (*a) Pu b l i c W o r k s P r i v a t e F i r e L i n e S e r v i c e 1 / 2 i n c h l i n e $3.75 Pu b l i c W o r k s P r i v a t e F i r e L i n e S e r v i c e 2 i n c h l i n e $7.50 Pu b l i c W o r k s P r i v a t e F i r e L i n e S e r v i c e 3 i n c h l i n e $10.00 Pu b l i c W o r k s P r i v a t e F i r e L i n e S e r v i c e 4 i n c h l i n e $15.00 Pu b l i c W o r k s P r i v a t e F i r e L i n e S e r v i c e 6 i n c h l i n e $22.00 Pu b l i c W o r k s P r i v a t e F i r e L i n e S e r v i c e 8 i n c h l i n e $28.00 Pu b l i c W o r k s P r i v a t e F i r e L i n e S e r v i c e 1 0 i n c h l i n e $32.00 Pu b l i c W o r k s M i s c e l l a n e o u s W a t e r a n d S e w e r F e e T h i r d Pa r t y B i l l i n g A r r a n g e m e n t $ 2 0 . 0 0 Pu b l i c W o r k s U t i l i t y P l a n R e v i e w wi t h no n e w w a t e r o r s e w e r m a i n s ( s e r v i c e s ex i s t i n g ) In i t i a l R e v i e w $96.00 Pu b l i c W o r k s U t i l i t y P l a n R e v i e w wi t h no n e w w a t e r o r s e w e r m a i n s ( s e r v i c e s ex i s t i n g ) 3r d a n d S u b s e q u e n t R e v i e w s $ 4 8 . 0 0 Pu b l i c W o r k s U t i l i t y P l a n R e v i e w wi t h no n e w w a t e r o r s e w e r m a i n s ( s e r v i c e s n o t ex i s t i n g ) In i t i a l R e v i e w $144.00 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 7 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Pu b l i c W o r k s U t i l i t y P l a n R e v i e w wi t h no n e w w a t e r o r s e w e r m a i n s ( s e r v i c e s n o t ex i s t i n g ) 3r d a n d S u b s e q u e n t R e v i e w s $ 7 2 . 0 0 Pu b l i c W o r k s U t i l i t y P l a n R e v i e w wi t h n e w p u b l i c w a t e r o r s e w e r m a i n s In i t i a l R e v i e w $288 +$.40 per lineal foot Pu b l i c W o r k s U t i l i t y P l a n R e v i e w wi t h n e w p u b l i c w a t e r o r s e w e r m a i n s 3r d a n d S u b s e q u e n t R e v i e w s $ 1 4 4 +$.20 per lineal foot Pu b l i c W o r k s D r a i n a g e P l a n R e v i e w < 1 . 5 a c r e s I n i t i a l R e v i e w $48.00 Pu b l i c W o r k s D r a i n a g e P l a n R e v i e w < 1 . 5 a c r e s 3 r d a n d S u b s e q u e n t R e v i e w s $ 2 4 . 0 0 Pu b l i c W o r k s D r a i n a g e P l a n R e v i e w 1 . 5 t o 1 0 a c r e s I n i ti a l R e v i e w $96.00 Pu b l i c W o r k s D r a i n a g e P l a n R e v i e w 1 . 5 t o 1 0 a c r e s 3 r d a n d S u b s e q u e n t R e v i e w s $ 4 8 . 0 0 Pu b l i c W o r k s D r a i n a g e P l a n R e v i e w 1 0 t o 2 0 a c r e s I n i t ia l R e v i e w $192.00 Pu b l i c W o r k s D r a i n a g e P l a n R e v i e w 1 0 t o 2 0 a c r e s 3 r d an d S u b s e q u e n t R e v i e w s $ 9 6 . 0 0 Pu b l i c W o r k s D r a i n a g e P l a n R e v i e w > 2 0 a c r e s I n i t i a l Re v i e w $192.00 Pu b l i c W o r k s D r a i n a g e P l a n R e v i e w > 2 0 a c r e s 3 r d a n d Su b s e q u e n t R e v i e w s $ 9 6 . 0 0 Pu b l i c W o r k s W a t e r a n d S e w e r I n s p e c t i o n N o n e w w a t e r or s e w e r m a i n s $ 7 2 . 0 0 Pu b l i c W o r k s W a t e r a n d S e w e r I n s p e c t i o n N e w w a t e r m a i n $.69 per lineal foot Pu b l i c W o r k s W a t e r a n d S e w e r I n s p e c t i o n N e w S e w e r m a i n $.69 per lineal foot Pu b l i c W o r k s D r a i n a g e S y s t e m I n s p e c t i o n < 1 . 5 a c r e s $76.00 Pu b l i c W o r k s D r a i n a g e S y s t e m I n s p e c t i o n 1 . 5 t o 1 0 a c r es $152.00 Pu b l i c W o r k s D r a i n a g e S y s t e m I n s p e c t i o n 1 0 t o 2 0 a c r e s $228.00 Pu b l i c W o r k s D r a i n a g e S y s t e m I n s p e c t i o n > 2 0 a c r e s $380.00 Pu b l i c W o r k s S u b d i v i s i o n P l a n s W a t e r S y s t e m M o d e l i n g - b y P u b l i c W o r k s $ 3 2 8 . 0 0 Pu b l i c W o r k s S u b d i v i s i o n P l a n s W a t e r S y s t e m M o d e l i n g - b y C o n s u l t a n t T i m e a n d M a t e r ials Pu b l i c W o r k s S u b d i v i s i o n P l a n s Se w e r S y s t e m M o d e l i n g - b y P u b l i c W o r k s $ 3 2 8 . 0 0 Pu b l i c W o r k s S u b d i v i s i o n P l a n s Se w e r S y s t e m M o d e l i n g - b y C o n s u l t a n t T i m e a n d M a t e r ials Pu b l i c W o r k s S u b d i v i s i o n P l a n s Pr e l i m i n a r y P l a t W a t e r & S e w e r M o d e l I n p u t $ 9 9 . 0 0 Pu b l i c W o r k s D e v e l o p m e n t P l a n R e v i e w I n i t i a l R e v i e w $378 + $10 per lot Pu b l i c W o r k s D e v e l o p m e n t P l a n R e v i e w 3 r d a n d S u b s e q u e nt R e v i e w s $ 1 0 0 . 0 0 Pu b l i c W o r k s O f f - S i t e W a t e r o r S e w e r M a i n P l a n R e v i e w I n i t i a l R e v i e w $.40 per lineal foot Pu b l i c W o r k s O f f - S i t e W a t e r o r S e w e r M a i n P l a n R e v i e w 3 r d a n d S u b s e q u e n t R e v i e w s $ . 2 0 p e r l i n e a l f o o t Pu b l i c W o r k s H o m e o w n e r s A s s o c i a t i o n P r e s s u r i z e d I r r i ga t i o n S y s t e m Re v i e w $125 + $5 per lot Pu b l i c W o r k s S e w a g e L i f t S t a t i o n R e v i e w $492.00 Pu b l i c W o r k s P r i v a t e S t r e e t R e v i e w $3 0 0 + $ . 1 0 p e r l i n e a l f o o t (along street centerline) Pu b l i c W o r k s F l o o d p l a i n D e v e l o p m e n t P e r m i t R e v i e w $25.00 Pu b l i c W o r k s M a s t e r G r a d i n g & D r a i n a g e R e v i e w $200 + $5 per lot Pu b l i c W o r k s S u b d i v i s i o n G r a d i n g & D r a i n a g e R e v i e w < 1. 5 a c r e s $76.00 Pu b l i c W o r k s S u b d i v i s i o n G r a d i n g & D r a i n a g e R e v i e w 1 . 5 t o 1 0 a c r e s $152.00 Pu b l i c W o r k s S u b d i v i s i o n G r a d i n g & D r a i n a g e R e v i e w 1 0 t o 2 0 a c r e s $228.00 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 8 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Pu b l i c W o r k s S u b d i v i s i o n G r a d i n g & D r a i n a g e R e v i e w > 20 a c r e s $380.00 Pu b l i c W o r k s I n s p e c t i o n Wa t e r M a i n I n s p e c t i o n $ . 6 9 p e r l i n e a l f o o t Pu b l i c W o r k s I n s p e c t i o n Se w e r M a i n I n s p e c t i o n $ . 6 9 p e r l i n e a l f o o t Pu b l i c W o r k s P r e s s u r i z e d I r r i g a t i o n S y s t e m I n s p e c t i o n 5 0 o r l e s s s e r v i c e s $150.00 Pu b l i c W o r k s P r e s s u r i z e d I r r i g a t i o n S y s t e m I n s p e c t i o n 5 1 t o 1 0 0 s e r v i c e s $225.00 Pu b l i c W o r k s P r e s s u r i z e d I r r i g a t i o n S y s t e m I n s p e c t i o n 1 0 1 o r m o r e s e r v i c e s $300.00 Pu b l i c W o r k s S e w a g e L i f t S t a t i o n I n s p e c t i o n $576.00 Pu b l i c W o r k s P r e t r e a t m e n t P l a n R e v i e w N e w C o m m e r c i a l C o n s t r u c t i o n $ 7 5 . 0 0 Pu b l i c W o r k s P r e t r e a t m e n t P l a n S i t e I n s p e c t i o n N e w C o mm e r c i a l C o n s t r u c t i o n $ 7 5 . 0 0 Pu b l i c W o r k s P r e t r e a t m e n t P l a n R e v i e w T e n a n t I m p r o v e me n t $75.00 Pu b l i c W o r k s P r e t r e a t m e n t P l a n S i t e I n s p e c t i o n T e n a n t I m p r o v e m e n t $75.00 Tr a s h R e s i d e n t i a l 95 g a l l o n s e r v i c e ( i n c l u d e s 1 r e c y c l i n g c a r t ) $ 1 8 . 1 4 Tr a s h R e s i d e n t i a l 65 g a l l o n s e r v i c e ( i n c l u d e s 1 r e c y c l i n g c a r t ) $ 1 6 . 1 4 Tr a s h R e s i d e n t i a l 35 g a l l o n s e r v i c e ( i n c l u d e s 1 r e c y c l i n g c a r t ) $ 1 4 . 1 4 Tr a s h R e s i d e n t i a l Ex t r a C a r t s ( p e r c a r t p e r m o n t h ) $ 2 . 2 8 Tr a s h R e s i d e n t i a l Ca r t P i c k u p / U p s i z e E x c h a n g e f e e ( p e r ev e n t ) $13.62 Tr a s h R e s i d e n t i a l Ca r t D e l i v e r y ( f r e e ) $0.00 Tr a s h R e s i d e n t i a l Ca r r y O u t S e r v i c e $32.09 Tr a s h C o m m e r c i a l C a r t s De l i v e r y C h a r g e $10.23 Tr a s h C o m m e r c i a l C a r t s 1, 9 5 g a l l o n c a r t ( 1 x p e r w e e k ) $ 2 9 . 5 1 Tr a s h C o m m e r c i a l C a r t s 1, 9 5 g a l l o n c a r t ( 2 x p e r w e e k ) $ 5 5 . 7 8 Tr a s h C o m m e r c i a l C a r t s 1, 9 5 g a l l o n c a r t ( 3 x p e r w e e k ) $ 8 2 . 0 2 Tr a s h C o m m e r c i a l C a r t s 2, 9 5 g a l l o n c a r t ( 1 x p e r w e e k ) $ 5 9 . 0 2 Tr a s h C o m m e r c i a l C a r t s 2, 9 5 g a l l o n c a r t ( 2 x p e r w e e k ) $ 1 1 1 . 5 6 Tr a s h C o m m e r c i a l C a r t s 2, 9 5 g a l l o n c a r t ( 3 x p e r w e e k ) $ 1 6 4 . 0 4 Tr a s h C o m m e r c i a l C a r t s 3, 9 5 g a l l o n c a r t ( 1 x p e r w e e k ) $ 8 8 . 5 4 Tr a s h C o m m e r c i a l C a r t s 3, 9 5 g a l l o n c a r t ( 2 x p e r w e e k ) $ 1 6 7 . 3 5 Tr a s h C o m m e r c i a l C a r t s 3, 9 5 g a l l o n c a r t ( 3 x p e r w e e k ) $ 2 4 6 . 0 7 Tr a s h C o m m e r c i a l C o n t a i n e r Co n t a i n e r D e l i v e r y S e r v i c e ( 2 , 3 , 6 , 8 y d op t i o n s ) $23.34 Tr a s h C o m m e r c i a l C o n t a i n e r Li d L o c k I n s t a l l a t i o n ( 2 , 3 , 6 , 8 y d o p t i o n s ) $ 4 3 . 9 7 Tr a s h C o m m e r c i a l C o n t a i n e r Mo n t h l y L o c k S e r v i c e ( 2 , 3 , 6 , 8 y d o p t i o n s ) $ 1 2 . 6 7 Tr a s h C o m m e r c i a l C o n t a i n e r 2 y d ( E x t r a D u m p ) $23.75 Tr a s h C o m m e r c i a l C o n t a i n e r 3 y d ( E x t r a D u m p ) $32.36 Tr a s h C o m m e r c i a l C o n t a i n e r 6 y d ( E x t r a D u m p ) $46.85 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 9 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Tr a s h C o m m e r c i a l C o n t a i n e r 8 y d ( E x t r a D u m p ) $60.24 Tr a s h C o m m e r c i a l C o n t a i n e r s 2 y d ( 1 x p e r w e e k ) $96.95 Tr a s h C o m m e r c i a l C o n t a i n e r s 2 y d ( 2 x p e r w e e k ) $137.74 Tr a s h C o m m e r c i a l C o n t a i n e r s 2 y d ( 3 x p e r w e e k ) $177.82 Tr a s h C o m m e r c i a l C o n t a i n e r s 2 y d ( 4 x p e r w e e k ) $238.58 Tr a s h C o m m e r c i a l C o n t a i n e r s 2 y d ( 5 x p e r w e e k ) $299.20 Tr a s h C o m m e r c i a l C o n t a i n e r s 2 y d ( 6 x p e r w e e k ) $359.83 Tr a s h C o m m e r c i a l C o n t a i n e r s 3 y d ( 1 x p e r w e e k ) $100.64 Tr a s h C o m m e r c i a l C o n t a i n e r s 3 y d ( 2 x p e r w e e k ) $162.33 Tr a s h C o m m e r c i a l C o n t a i n e r s 3 y d ( 3 x p e r w e e k ) $224.14 Tr a s h C o m m e r c i a l C o n t a i n e r s 3 y d ( 4 x p e r w e e k ) $295.23 Tr a s h C o m m e r c i a l C o n t a i n e r s 3 y d ( 5 x p e r w e e k ) $388.57 Tr a s h C o m m e r c i a l C o n t a i n e r s 3 y d ( 6 x p e r w e e k ) $470.81 Tr a s h C o m m e r c i a l C o n t a i n e r s 6 y d ( 1 x p e r w e e k ) $156.24 Tr a s h C o m m e r c i a l C o n t a i n e r s 6 y d ( 2 x p e r w e e k ) $251.04 Tr a s h C o m m e r c i a l C o n t a i n e r s 6 y d ( 3 x p e r w e e k ) $345.73 Tr a s h C o m m e r c i a l C o n t a i n e r s 6 y d ( 4 x p e r w e e k ) $460.99 Tr a s h C o m m e r c i a l C o n t a i n e r s 6 y d ( 5 x p e r w e e k ) $576.31 Tr a s h C o m m e r c i a l C o n t a i n e r s 6 y d ( 6 x p e r w e e k ) $691.57 Tr a s h C o m m e r c i a l C o n t a i n e r s 8 y d ( 1 x p e r w e e k ) $184.97 Tr a s h C o m m e r c i a l C o n t a i n e r s 8 y d ( 2 x p e r w e e k ) $285.65 Tr a s h C o m m e r c i a l C o n t a i n e r s 8 y d ( 3 x p e r w e e k ) $385.20 Tr a s h C o m m e r c i a l C o n t a i n e r s 8 y d ( 4 x p e r w e e k ) $497.91 Tr a s h C o m m e r c i a l C o n t a i n e r s 8 y d ( 5 x p e r w e e k ) $618.17 Tr a s h C o m m e r c i a l C o n t a i n e r s 8 y d ( 6 x p e r w e e k ) $732.95 Tr a s h C o m m e r c i a l C o n t a i n e r s 8 y d ( 7 x p e r w e e k ) $1,127.43 Tr a s h C o m m e r c i a l C o m p a c t o r s 2 y d ( b a s e p r i c e p e r p i c k up p e r w e e k ) $ 5 4 . 9 9 Tr a s h C o m m e r c i a l C o m p a c t o r s 3 y d ( b a s e p r i c e p e r p i c k up p e r w e e k ) $ 7 5 . 7 6 Tr a s h C o m m e r c i a l C o m p a c t o r s 4 y d ( b a s e p r i c e p e r p i c k up p e r w e e k ) $ 9 6 . 9 2 Tr a s h C o m m e r c i a l C o m p a c t o r s 5 y d ( b a s e p r i c e p e r p i c k up p e r w e e k ) $ 1 1 8 . 1 3 Tr a s h C o m m e r c i a l C o m p a c t o r s 6 y d ( b a s e p r i c e p e r p i c k up p e r w e e k ) $ 1 3 8 . 7 5 Tr a s h C o m m e r c i a l C o m p a c t o r s 8 y d ( b a s e p r i c e p e r p i c k up p e r w e e k ) $ 1 8 6 . 3 8 Tr a s h C o m m e r c i a l T e m p o r a r y S e r v i c e 3 y d H a u l S e r v i c e (M u n i c i p a l S o l i d W a s t e ) $ 3 2 . 3 6 Tr a s h C o m m e r c i a l T e m p o r a r y S e r v i c e 3 y d H a u l S e r v i c e (C o n s t r u c t i o n & De m o l i t i o n ) $105.08 Tr a s h C o m m e r c i a l T e m p o r a r y S e r v i c e 3 y d ( M o n t h l y R e n t ) $24.55 Tr a s h C o m m e r c i a l T e m p o r a r y S e r v i c e 3 y d ( D a i l y R e n t ) $0.81 Tr a s h C o m m e r c i a l T e m p o r a r y S e r v i c e 6 y d H a u l S e r v i c e (M u n i c i p a l S o l i d W a s t e ) $ 4 6 . 8 5 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 10 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Tr a s h C o m m e r c i a l T e m p o r a r y S e r v i c e 6 y d H a u l S e r v i c e (C o n s t r u c t i o n & De m o l i t i o n ) $158.66 Tr a s h C o m m e r c i a l T e m p o r a r y S e r v i c e 6 y d ( M o n t h l y R e n t ) $27.30 Tr a s h C o m m e r c i a l T e m p o r a r y S e r v i c e 6 y d ( D a i l y R e n t ) $0.90 Tr a s h C o m m e r c i a l T e m p o r a r y S e r v i c e 8 y d H a u l S e r v i c e (M u n i c i p a l S o l i d W a s t e ) $ 6 0 . 2 4 Tr a s h C o m m e r c i a l T e m p o r a r y S e r v i c e 8 y d ( M o n t h l y R e n t ) $28.47 Tr a s h C o m m e r c i a l T e m p o r a r y S e r v i c e 8 y d ( D a i l y R e n t ) $0.93 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n C o n ta i n e r D e l i v e r y C h a r g e ( 3 , 5 , 6 , 8 y d op t i o n s ) $23.34 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 3 y d ( E x t r a D u m p ) $13.82 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 3 y d ( 2 x m o n t h ) $42.84 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 3 y d ( 1 x w e e k ) $48.74 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 3 y d ( 2 x w e e k ) $82.93 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 3 y d ( 3 x w e e k ) $117.14 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 3 y d ( 4 x w e e k ) $151.34 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 3 y d ( 5 x w e e k ) $185.53 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 5 y d ( E x t r a D u m p ) $17.88 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 5 y d ( 2 x m o n t h ) $57.02 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 5 y d ( 1 x w e e k ) $72.42 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 5 y d ( 2 x w e e k ) $114.71 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 5 y d ( 3 x w e e k ) $156.56 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 5 y d ( 4 x w e e k ) $198.63 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 5 y d ( 5 x w e e k ) $240.69 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 6 y d ( E x t r a D u m p ) $21.81 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 6 y d ( 2 x m o n t h ) $67.45 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 6 y d ( 1 x w e e k ) $73.94 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 6 y d ( 2 x w e e k ) $126.61 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 6 y d ( 3 x w e e k ) $179.28 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 6 y d ( 4 x w e e k ) $231.95 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 6 y d ( 5 x w e e k ) $284.63 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 8 y d ( E x t r a D u m p ) $30.01 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 8 y d ( 2 x m o n t h ) $78.14 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 8 y d ( 1 x w e e k ) $84.76 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 8 y d ( 2 x w e e k ) $147.96 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 8 y d ( 3 x w e e k ) $211.17 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 8 y d ( 4 x w e e k ) $274.40 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 8 y d ( 5 x w e e k ) $339.38 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 9 5 ga l l o n c a r t s ( 1 c a r t / w e e k ) $ 1 0 . 7 6 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 9 5 ga l l o n c a r t s ( 2 c a r t / w e e k ) $ 1 6 . 1 7 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 11 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 9 5 ga l l o n c a r t s ( 3 c a r t / w e e k ) $ 2 1 . 6 0 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 9 5 ga l l o n c a r t s ( 4 c a r t / w e e k ) $ 2 7 . 0 3 Tr a s h C o m m e r c i a l C o m m i n g l e d R e c y c l a b l e C o l l e c t i o n 9 5 ga l l o n c a r t s ( 5 c a r t / w e e k ) $ 3 2 . 4 2 Tr a s h I n d u s t r i a l T r a s h Co n t a i n e r D e l i v e r y S v s 6 - 1 0 y d $ 2 3 . 6 0 Tr a s h I n d u s t r i a l T r a s h 6- 1 0 y d c o n t a i n e r s ( H a u l S e r v i c e ) $ 5 8 . 3 2 Tr a s h I n d u s t r i a l T r a s h 6 y d D i s p o s a l F e e ( M u n i c i p a l S o l i d W a s t e ) $ 3 4 . 9 8 Tr a s h I n d u s t r i a l T r a s h 6 y d D i s p o s a l F e e ( C & D / C o m p a c t e d ) $ 6 9 . 9 6 Tr a s h I n d u s t r i a l T r a s h 6 y d D i s p o s a l F e e ( W o o d ) $ 1 7 . 5 2 Tr a s h I n d u s t r i a l T r a s h 6 y d D i s p o s a l F e e ( S h e e t r o c k ) $ 3 8 . 1 6 Tr a s h I n d u s t r i a l T r a s h 6 y d D i s p o s a l F e e ( C l e a n R o c k , G r a v e l , et c . ) $21.20 Tr a s h I n d u s t r i a l T r a s h 6 y d ( M o n t h l y R e n t ) $52.16 Tr a s h I n d u s t r i a l T r a s h 6 y d ( D a i l y R e n t ) $1.72 Tr a s h I n d u s t r i a l T r a s h 8 y d D i s p o s a l F e e ( M u n i c i p a l S o l i d W a s t e ) $ 4 6 . 6 4 Tr a s h I n d u s t r i a l T r a s h 8 y d D i s p o s a l F e e ( C & D / C o m p a c t e d ) $ 9 3 . 2 8 Tr a s h I n d u s t r i a l T r a s h 8 y d D i s p o s a l F e e ( W o o d ) $ 2 3 . 3 6 Tr a s h I n d u s t r i a l T r a s h 8 y d D i s p o s a l F e e ( S h e e t r o c k ) $ 5 0 . 8 8 Tr a s h I n d u s t r i a l T r a s h 8 y d D i s p o s a l F e e ( C l e a n R o c k , G r a v e l , et c . ) $21.20 Tr a s h I n d u s t r i a l T r a s h 8 y d ( M o n t h l y R e n t ) $67.61 Tr a s h I n d u s t r i a l T r a s h 8 y d ( D a i l y R e n t ) $2.23 Tr a s h I n d u s t r i a l T r a s h 10 y d D i s p o s a l F e e ( M u n i c i p a l S o l i d W a s t e ) $ 5 8 . 3 0 Tr a s h I n d u s t r i a l T r a s h 10 y d D i s p o s a l F e e ( C & D / C o m p a c t e d ) $ 1 1 6 . 6 0 Tr a s h I n d u s t r i a l T r a s h 10 y d D i s p o s a l F e e ( W o o d ) $ 2 9 . 2 0 Tr a s h I n d u s t r i a l T r a s h 10 y d D i s p o s a l F e e ( S h e e t r o c k ) $ 6 3 . 6 0 Tr a s h I n d u s t r i a l T r a s h 10 y d D i s p o s a l F e e ( C l e a n R o c k , G r a v e l , et c . ) $21.20 Tr a s h I n d u s t r i a l T r a s h 10 y d ( M o n t h l y R e n t ) $75.34 Tr a s h I n d u s t r i a l T r a s h 10 y d ( D a i l y R e n t ) $2.48 Tr a s h I n d u s t r i a l T r a s h Co n t a i n e r D e l i v e r y S v s 2 0 - 4 0 y d $ 2 3 . 6 0 Tr a s h I n d u s t r i a l T r a s h / R e c y c l i n g 2 0 - 4 0 y d s c r e e n l i d $37.94 Tr a s h I n d u s t r i a l T r a s h 10 - 4 0 y d c o n t a i n e r s ( H a u l S v s ) $ 1 3 0 . 1 6 Tr a s h I n d u s t r i a l T r a s h 20 - 4 0 y d c o n t a i n e r s ( H a u l S v s f o r As b e s t o s - A d a C o u n t y ) $160.91 Tr a s h I n d u s t r i a l T r a s h 20 - 4 0 y d c o n t a i n e r s ( H a u l S v s f o r As b e s t o s - I D W a s t e S y s t e m s ) $255.85 Tr a s h I n d u s t r i a l T r a s h 20 y d D i s p o s a l F e e ( M u n i c i p a l S o l i d W a s t e ) $ 1 1 6 . 6 0 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 12 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Tr a s h I n d u s t r i a l T r a s h 20 y d D i s p o s a l F e e ( C & D / C o m p a c t e d ) $ 2 3 3 . 2 0 Tr a s h I n d u s t r i a l T r a s h 20 y d D i s p o s a l F e e ( W o o d ) $ 5 8 . 4 0 Tr a s h I n d u s t r i a l T r a s h 20 y d D i s p o s a l F e e ( S h e e t r o c k ) $ 1 2 7 . 2 0 Tr a s h I n d u s t r i a l T r a s h 20 y d D i s p o s a l F e e ( C l e a n R o c k , G r a v e l , et c . ) $21.20 Tr a s h I n d u s t r i a l T r a s h 20 y d D i s p o s a l F e e ( A s b e s t o s - A d a C o u n t y La n d f i l l ) $800.00 Tr a s h I n d u s t r i a l T r a s h 20 y d D i s p o s a l F e e ( A s b e s t o s - I d a h o Wa s t e S y s t e m s ) $800.00 Tr a s h I n d u s t r i a l T r a s h 20 y d ( M o n t h l y R e n t ) $86.63 Tr a s h I n d u s t r i a l T r a s h 20 y d ( D a i l y R e n t ) $2.85 Tr a s h I n d u s t r i a l T r a s h 30 y d D i s p o s a l F e e ( M u n i c i p a l S o l i d W a s t e ) $ 1 7 4 . 9 0 Tr a s h I n d u s t r i a l T r a s h 30 y d D i s p o s a l F e e ( C & D / C o m p a c t e d ) $ 3 4 9 . 8 0 Tr a s h I n d u s t r i a l T r a s h 30 y d D i s p o s a l F e e ( W o o d ) $ 8 7 . 6 0 Tr a s h I n d u s t r i a l T r a s h 30 y d D i s p o s a l F e e ( S h e e t r o c k ) $ 1 9 0 . 8 0 Tr a s h I n d u s t r i a l T r a s h 30 y d D i s p o s a l F e e ( C l e a n R o c k , G r a v e l , et c . ) $21.20 Tr a s h I n d u s t r i a l T r a s h 30 y d D i s p o s a l F e e ( A s b e s t o s - A d a C o u n t y La n d f i l l ) $1,200.00 Tr a s h I n d u s t r i a l T r a s h 30 y d D i s p o s a l F e e ( A s b e s t o s - I d a h o W a s t e S y s t e m s ) $1,200.00 Tr a s h I n d u s t r i a l T r a s h 30 y d ( M o n t h l y R e n t ) $105.87 Tr a s h I n d u s t r i a l T r a s h 30 y d ( D a i l y R e n t ) $3.48 Tr a s h I n d u s t r i a l T r a s h 40 y d D i s p o s a l F e e ( M u n i c i p a l S o l i d W a s t e ) $ 2 3 3 . 2 0 Tr a s h I n d u s t r i a l T r a s h 40 y d D i s p o s a l F e e ( C & D / C o m p a c t e d ) $ 4 6 6 . 4 0 Tr a s h I n d u s t r i a l T r a s h 40 y d D i s p o s a l F e e ( W o o d ) $ 1 1 6 . 8 0 Tr a s h I n d u s t r i a l T r a s h 40 y d D i s p o s a l F e e ( S h e e t r o c k ) $ 2 5 4 . 4 0 Tr a s h I n d u s t r i a l T r a s h 40 y d D i s p o s a l F e e ( C l e a n R o c k , G r a v e l , et c . ) $21.20 Tr a s h I n d u s t r i a l T r a s h 40 y d D i s p o s a l F e e ( A s b e s t o s - A d a C o u n t y La n d f i l l ) $1,600.00 Tr a s h I n d u s t r i a l T r a s h 40 y d D i s p o s a l F e e ( A s b e s t o s - I d a h o W a s t e S y s t e m s ) $1,600.00 Tr a s h I n d u s t r i a l T r a s h 40 y d ( M o n t h l y R e n t ) $121.00 Tr a s h I n d u s t r i a l T r a s h 40 y d ( D a i l y R e n t ) $3.97 Tr a s h I n d u s t r i a l T r a s h 10 y d c o m p a c t o r D i s p o s a l F e e $ 1 1 6 . 6 0 Tr a s h I n d u s t r i a l T r a s h 15 y d c o m p a c t o r D i s p o s a l F e e $ 1 7 4 . 9 0 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 13 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Tr a s h I n d u s t r i a l T r a s h 18 y d c o m p a c t o r D i s p o s a l F e e $ 2 0 9 . 8 8 Tr a s h I n d u s t r i a l T r a s h 20 y d c o m p a c t o r D i s p o s a l F e e $ 2 3 3 . 2 0 Tr a s h I n d u s t r i a l T r a s h 25 y d c o m p a c t o r D i s p o s a l F e e $ 2 9 1 . 5 0 Tr a s h I n d u s t r i a l T r a s h 30 y d c o m p a c t o r D i s p o s a l F e e $ 3 4 9 . 8 0 Tr a s h I n d u s t r i a l T r a s h 36 y d c o m p a c t o r D i s p o s a l F e e $ 4 1 9 . 7 6 Tr a s h I n d u s t r i a l T r a s h 40 y d c o m p a c t o r D i s p o s a l F e e $ 4 6 6 . 4 0 Tr a s h I n d u s t r i a l R e c y c l i n g Co n t a i n e r D e l i v e r y S v c 6 - 1 0 y d $ 2 3 . 6 0 Tr a s h I n d u s t r i a l R e c y c l i n g 6 - 1 0 y d c o n t a i n e r s ( H a u l S v c ) $ 5 8 . 3 2 Tr a s h I n d u s t r i a l R e c y c l i n g 6 y d ( M o n t h l y R e n t ) $52.16 Tr a s h I n d u s t r i a l R e c y c l i n g 6 y d ( D a i l y R e n t ) $1.72 Tr a s h I n d u s t r i a l R e c y c l i n g 8 y d ( M o n t h l y R e n t ) $67.61 Tr a s h I n d u s t r i a l R e c y c l i n g 8 y d ( D a i l y R e n t ) $2.23 Tr a s h I n d u s t r i a l R e c y c l i n g 10 y d ( M o n t h l y R e n t ) $75.34 Tr a s h I n d u s t r i a l R e c y c l i n g 10 y d ( D a i l y R e n t ) $2.48 Tr a s h I n d u s t r i a l R e c y c l i n g Co n t a i n e r D e l i v e r y S v c 2 0 - 4 0 y d $ 2 3 . 6 0 Tr a s h I n d u s t r i a l R e c y c l i n g 20 - 4 0 y d c o n t a i n e r s ( H a u l S v c ) $ 1 3 0 . 1 6 Tr a s h I n d u s t r i a l R e c y c l i n g 20 y d ( M o n t h l y R e n t ) $86.63 Tr a s h I n d u s t r i a l R e c y c l i n g 20 y d ( D a i l y R e n t ) $2.85 Tr a s h I n d u s t r i a l R e c y c l i n g 30 y d ( M o n t h l y R e n t ) $105.87 Tr a s h I n d u s t r i a l R e c y c l i n g 30 y d ( D a i l y R e n t ) $3.48 Tr a s h I n d u s t r i a l R e c y c l i n g 40 y d ( M o n t h l y R e n t ) $121.00 Tr a s h I n d u s t r i a l R e c y c l i n g 40 y d ( D a i l y R e n t ) $3.97 Tr a s h I n d u s t r i a l R e c y c l i n g 15 - 4 0 y d C o m p a c t o r s ( H a u l S v c ) $ 1 3 0 . 1 6 Tr a s h B i o s o l i d s Bi o s o l i d s H a u l i n g - A d a C o u n t y L a n d f i l l ( p e r ha u l ) $665.62 Tr a s h B i o s o l i d s Bi o s o l i d s H a u l i n g - I d a h o W a s t e S y s t e m s (p e r h a u l ) $672.46 Tr a s h M i s c e l l a n e o u s C o l l e c t i o n T i r e s 9 ( e a . ) u p t o 1 6 i n c h $ 5 . 6 8 Tr a s h M i s c e l l a n e o u s C o l l e c t i o n F r e o n - c o n t a i n i n g u n i t s /a p p l i a n c e s $ 5 4 . 1 0 Tr a s h M i s c e l l a n e o u s C o l l e c t i o n N o n - F r e o n u n i t s / a p p l i an c e s $ 1 5 . 3 4 Tr a s h M i s c e l l a n e o u s C o l l e c t i o n S p e c i a l C o l l e c t i o n ( f o r e a c h i n c r e m e n t o f 1 0 mi n u t e s ) $21.68 Tr a s h M i s c e l l a n e o u s C o l l e c t i o n B u l k y I t e m P i c k u p ( p e r i t e m ) $ 1 5 . 3 4 Tr a s h M i s c e l l a n e o u s C o l l e c t i o n E x t r a P i c k u p / G o B a c k ( pe r o c c u r r e n c e ) $ 1 1 . 5 3 Tr a s h M i s c e l l a n e o u s C o l l e c t i o n R e l o c a t i o n ( a l l s i z e s ) - Co m m e r c i a l / I n d u s t r i a l $23.60 Tr a s h I n d u s t r i a l S e r v i c e s Tu r n a r o u n d c o m p a c t o r f e e - Co m m e r c i a l / I n d u s t r i a l $16.56 Tr a s h M i s c e l l a n e o u s C o l l e c t i o n W e e k e n d C h a r g e - I n d u s tr i a l $ 6 6 . 9 9 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 14 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Tr a s h M i s c e l l a n e o u s C o l l e c t i o n P r e s s u r e W a s h - I n d u s t ri a l $ 1 9 7 . 5 0 Tr a s h I n d u s t r i a l S e r v i c e s Dr y R u n - L a r g e I n d u s t r i a l c o n t a i n e r s a n d co m p a c t o r s $100.55 Tr a s h I n d u s t r i a l S e r v i c e s Dr y R u n ( 6 - 1 0 y d ) $58.32 Tr a s h M i s c e l l a n e o u s C o l l e c t i o n C o m m e r c i a l C o m b o L o c k Re p l a c e m e n t $ 2 8 . 1 5 Tr a s h C o m m e r c i a l C o n t a i n e r Ex t r a Y a r d ( O v e r l o a d E a c h y d ) $ 1 5 . 0 0 Fi r e In s p e c t i o n s Da y C a r e I n s p e c t i o n s $20.00 Fi r e F i r e O p e r a t i o n a l F e e s En g i n e R e s p o n s e P e r H o u r $ 3 5 3 . 0 0 Fi r e F i r e O p e r a t i o n a l F e e s Te n d e r R e s p o n s e P e r H o u r $ 2 9 0 . 0 0 Fi r e F i r e O p e r a t i o n a l F e e s Br u s h / S q u a d P e r h o u r $ 3 1 5 . 0 0 Fi r e F i r e O p e r a t i o n a l F e e s In v e s t i g a t o r P e r H o u r $45.00 Fi r e F i r e O p e r a t i o n a l F e e s Co m m a n d / I n c i d e n t M a n g . P e r H o u r $ 1 9 8 . 0 0 Po l i c e L a b o r t o r e d a c t e x e m p t p u b l i c r e c o r d s $4 7 . 7 0 / h o u r $ . 8 0 / m i n u t e Po l i c e P a p e r c o p i e s o f p u b l i c r e c o r d s ( a p p l i e s i f r e co r d s a r e r e d a c t e d , m o r e t h a n 10 0 p a g e s , o r m o r e t h a n 2 h o u r s ; w a i v e d i f to t a l i s l e s s t h a n $ 1 0 . 0 0 ) $0.10/page Po l i c e L a b o r t o m a k e p a p e r c o p i e s o f p u b l i c r e c o r d s ( ap p l i e s i f r e c o r d s a r e r e d a c t e d , m o r e t h a n 10 0 p a g e s , o r m o r e t h a n 2 h o u r s ; w a i v e d i f to t a l i s l e s s t h a n $ 1 0 . 0 0 ) $2 4 . 6 7 / h o u r $ . 4 1 / m i n u t e Po l i c e C D o r D V D w i t h p u b l i c r e c o r d i n f o r m a t i o n $1.00 ea Po l i c e T h u m b d r i v e w i t h p u b l i c r e c o r d i n f o r m a t i o n $7.50 ea Po l i c e L a b o r t o u p l o a d p u b l i c r e c o r d i n f o r m a t i o n t o CD , D V D , o r th u m b d r i v e $2 4 . 6 7 / h o u r $ . 4 1 / m i n u t e Po l i c e E x t r a - D u t y P e r s o n n e l - O f f i c e r $54.01 Po l i c e E x t r a - D u t y P e r s o n n e l - S u p e r v i s o r $60.32 Po l i c e F a l s e A l a r m Th i r d F a l s e A l a r m w i t h i n C a l e n d a r Y e a r $ 2 5 . 0 0 Po l i c e F a l s e A l a r m Fo u r t h F a l s e A l a r m w i t h i n C a l e n d a r Y e a r $ 5 0 . 0 0 Po l i c e F a l s e A l a r m Fi f t h F a l s e A l a r m w i t h i n C a l e n d a r Y e a r $ 7 5 . 0 0 Po l i c e F a l s e A l a r m Si x t h o r s u b s e q u e n t w / i n C a l e n d a r y r $ 1 0 0 . 0 0 Po l i c e N u i s a n c e / w e e d s a b a t e m e n t a d m i n i s t r a t i v e f e e $100.00 Po l i c e D o g R e d e m p t i o n f e e $10.00 Po l i c e C a t R e d e m p t i o n f e e $12.50 Po l i c e L i v e s t o c k R e d e m p t i o n f e e $25.00 Po l i c e D o g L i c e n s e F e e s Ne u t e r e d $16.00 Po l i c e D o g L i c e n s e F e e s No n - n e u t e r e d $21.00 Po l i c e D o g L i c e n s e F e e s Re p l a c e m e n t T a g $5.00 Po l i c e U s e P u b l i c M e e t i n g R o o m P o l i c e D e p a r t m e n t - C o nf e r e n c e R o o m - 4 ho u r s $25.00 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 15 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Po l i c e U s e P u b l i c M e e t i n g R o o m P o l i c e D e p a r t m e n t - C o nf e r e n c e R o o m - 8 ho u r s $50.00 Po l i c e U s e P u b l i c M e e t i n g R o o m L o s t K e y $8.00 Po l i c e V e h i c l e I d e n t i f i c a t i o n F e e $5.00 Cl e r k s B e e r L i c e n s e re t a i l $50.00 Cl e r k s B e e r L i c e n s e by t h e d r i n k $200.00 Cl e r k s W i n e L i c e n s e re t a i l $200.00 Cl e r k s W i n e L i c e n s e by t h e d r i n k $200.00 Cl e r k s L i q u o r L i c e n s e by t h e d r i n k $562.50 Cl e r k s A l c o h o l c a t e r i n g p e r m i t $20.00 Cl e r k s L i q u o r / b e e r / w i n e l i c e n s e t r a n s f e r $100.00 Cl e r k s C i t i z e n ' s u s e p e r m i t $50.00 Cl e r k s F i r e w o r k s D i s p l a y P e r m i t $125.00 Cl e r k s R e t a i l S a l e s o f N o n - A e r i a l C o m m o n F i r e w o r k s P er m i t $25.00 Cl e r k s T e m p o r a r y u s e p e r m i t Sp e c i a l E v e n t / O u t d o o r M a r k e t ( i n a p a r k ) $ 1 5 0 . 0 0 Cl e r k s T e m p o r a r y u s e p e r m i t Sp e c i a l E v e n t / O u t d o o r M a r k e t ( n o t i n a pa r k ) $85.00 Cl e r k s T e m p o r a r y u s e p e r m i t Pr o m o t i o n a l S a l e s U n i t $ 6 5 . 0 0 Cl e r k s T e m p o r a r y u s e p e r m i t Te m p o r a r y S a l e s U n i t $65.00 Cl e r k s T e m p o r a r y u s e p e r m i t Su b d i v i s i o n M o d e l H o m e o r S u b d i v i s i o n Re a l E s t a t e S a l e s O f f i c e $65.00 Cl e r k s T e m p o r a r y u s e p e r m i t Te m p o r a r y I n d o o r E v e n t $ 1 0 0 . 0 0 Cl e r k s M o b i l e s a l e s u n i t l i c e n s e ( i n c l u d e s $ 4 1 . 5 0 I S P b a c k g r o u n d c h e c k f e e ) $ 8 1 . 5 0 Cl e r k s P a w n b r o k e r ' s l i c e n s e w i t h o u t P r e s c i o u s M e t a l De a l e r En d o r s e m e n t - R e n e w a l $30.00 Cl e r k s P a w n b r o k e r ' s l i c e n s e w i t h o u t P r e s c i o u s M e t a l De a l e r En d o r s e m e n t - N e w (i n c l u d e s $ 4 1 . 5 0 I S P b a c k g r o u n d c h e c k f e e ) $ 7 1 . 5 0 Cl e r k s P a w n b r o k e r ' s l i c e n s e w i t h P r e s c i o u s M e t a l D e a le r En d o r s e m e n t - R e n e w a l $30.00 Cl e r k s P a w n b r o k e r ' s l i c e n s e w i t h P r e s c i o u s M e t a l D e a le r En d o r s e m e n t - N e w ( i n c l u d e s $ 4 1 . 5 0 I S P b a c k g r o u n d c h e c k fe e ) $71.50 Cl e r k s P r e c i o u s M e t a l D e a l e r L i c e n s e - N e w ( i n c l u d e s $ 4 1 . 5 0 I S P b a c k g r o u n d c h e c k fe e ) $71.50 Cl e r k s P r e c i o u s M e t a l D e a l e r L i c e n s e - R e n e w a l $30.00 Cl e r k s P a p e r c o p i e s o f p u b l i c r e c o r d i n f o r m a t i o n 0 - 10 0 p a g e s Free Cl e r k s P a p e r c o p i e s o f p u b l i c r e c o r d i n f o r m a t i o n 1 0 1 or m o r e p a g e s $0.10/pg Cl e r k s A t t o r n e y L a b o r t o r e d a c t n o n p u b l i c r e c o r d s H o u rs 1 & 2 Free Cl e r k s A t t o r n e y L a b o r t o r e d a c t n o n p u b l i c r e c o r d s H o u rs 3 & u p $60.00/hr H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 16 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Cl e r k s O t h e r l a b o r t o r e s p o n d t o p u b l i c r e c o r d s r e q u es t H o u r s 1 & 2 Free Cl e r k s O t h e r l a b o r t o r e s p o n d t o p u b l i c r e c o r d s r e q u es t H o u r s 3 & u p $30.00/hr Cl e r k s C D o r D V D w i t h p u b l i c r e c o r d i n f o r m a t i o n $1.00 ea Cl e r k s D a i r y D a y s A r t S h o w V e n d o r F e e $20.00 Cl e r k s P a s s p o r t F e e $25.00 Ad m i n S t a t e o f t h e C i t y I n d i v i d u a l A d m i s s i o n $10.00 Ad m i n I n i t i a l P o i n t G a l l e r y M a i n t e n a n c e f e e $35.00 Ad m i n N S F C h e c k F e e $20.00 Pa r k s A d u l t S p o r t s L e a g u e R e s i d e n t P l a y e r F e e $10.00 Pa r k s A d u l t S p o r t s L e a g u e N o n - R e s i d e n t P l a y e r F e e $20.00 Pa r k s S p r i n g A d u l t S o f t b a l l A S A F e e $27.50 Pa r k s F a l l A d u l t S o f t b a l l A S A F e e $12.00 Pa r k s U s e d S o f t b a l l s ( e a c h ) $1.00 Pa r k s F a l l V o l l e y b a l l $179.25 Pa r k s W i n t e r V o l l e y b a l l $179.25 Pa r k s S p r i n g V o l l e y b a l l $127.36 Pa r k s S u m m e r V o l l e y b a l l $37.74 Pa r k s F a l l B a s k e t b a l l $448.11 Pa r k s W i n t e r B a s k e t b a l l $448.11 Pa r k s S p r i n g B a s k e t b a l l $259.43 Pa r k s 3 v 3 B a s k e t b a l l $37.74 Pa r k s S p r i n g S l o w p i t c h S o f t b a l l $424.53 Pa r k s F a l l S l o w p i t c h S o f t b a l l $235.85 Pa r k s A d u l t S l o w p i t c h S o f t b a l l T o u r n a m e n t T e a m F e e $212.26 Pa r k s G i r l ' s F a s t p i t c h S o f t b a l l T o u r n a m e n t T e a m F e e $306.60 Pa r k s H o l i d a y C l a s s i c V o l l e y b a l l T o u r n a m e n t T e a m F e e $84.91 Pa r k s A l c o h o l P e r m i t ( p e r d a y ) $20.00 Pa r k s A m u s . E q u i p . / L r g C a n o p i e s ( e a c h , p e r d a y ) $10.00 Pa r k s A m p l i f i e d S o u n d P e r m i t ( p e r d a y ) $20.00 Pa r k s S h o r t T e r m C o n c e s s i o n s P e r m i t ( p e r d a y ) $10.00 Pa r k s S h o r t T e r m C o n c e s s i o n s P e r m i t ( a n n u a l ) $100.00 Pa r k s B a s e b a l l / S o f t b a l l F i e l d P r e p ( p e r f i e l d ) $12.50 Pa r k s M P R O n - S i t e E v e n t S t a f f ( p e r h o u r ) $20.00 Pa r k s B a s e b a l l / S o f t b a l l F i e l d R e n t a l ( p e r h o u r ) $10.00 Pa r k s B a s e b a l l / S o f t b a l l F i e l d R e n t a l ( p e r d a y ) $75.00 Pa r k s M u l t i - U s e F i e n d R e n t a l ( p e r h o u r ) $10.00 Pa r k s M u l t i - U s e F i e n d R e n t a l ( p e r d a y ) $75.00 Pa r k s F u l l - S i z e T e n n i s / Q u i c k S t a r t / P i c k b a l l C o u r t R e nt a l - Ge n e r a l P u b l i c ( p e r h o u r ) $2.50 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 17 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Pa r k s F u l l - S i z e T e n n i s / Q u i c k S t a r t / P i c k b a l l C o u r t R e nt a l - P r o s (p e r h o u r ) $8.00 Pa r k s O u t d o o r B a s k e t b a l l C o u r t R e n t a l ( p e r h o u r ) $10.00 Pa r k s O u t d o o r B a s k e t b a l l C o u r t R e n t a l ( p e r d a y ) $75.00 Pa r k s S o f t b a l l F i e l d L i g h t s ( p e r h o u r ) $15.00 Pa r k s B a s e b a l l F i e l d L i g h t s ( p e r h o u r ) $25.00 Pa r k s K l e i n e r P a r k S h e l t e r A 1 $150.00 Pa r k s K l e i n e r P a r k S h e l t e r A 2 $75.00 Pa r k s K l e i n e r P a r k S h e l t e r A 3 $50.00 Pa r k s K l e i n e r P a r k S h e l t e r A 4 $50.00 Pa r k s K l e i n e r P a r k S h e l t e r B 1 $125.00 Pa r k s S e t t l e r s P a r k S h e l t e r # 1 $75.00 Pa r k s S e t t l e r s P a r k S h e l t e r # 2 $60.00 Pa r k s S e t t l e r s P a r k S h e l t e r # 3 $50.00 Pa r k s B e a r C r e e k P a r k S h e l t e r $50.00 Pa r k s H e r o e s P a r k S h e l t e r $50.00 Pa r k s S t o r e y P a r k B l u e S h e l t e r $50.00 Pa r k s S t o r e y P a r k G r e e n S h e l t e r $40.00 Pa r k s T u l l y P a r k L a r g e S h e l t e r $75.00 Pa r k s T u l l y P a r k S m a l l S h e l t e r $40.00 Pa r k s H i l l s d a l e P a r k S h e l t e r # 1 $50.00 Pa r k s H i l l s d a l e P a r k S h e l t e r # 2 $40.00 Pa r k s 8 t h S t r e e t P a r k S h e l t e r $40.00 Pa r k s C e n t e n n i a l P a r k S h e l t e r $40.00 Pa r k s C h a m p i o n P a r k S h e l t e r $40.00 Pa r k s C h a t e a u P a r k S h e l t e r $40.00 Pa r k s G o r d o n H a r r i s P a r k S h e l t e r $40.00 Pa r k s R e n a i s s a n c e P a r k S h e l t e r $40.00 Pa r k s S e a s o n s P a r k S h e l t e r $40.00 Pa r k s R e t a H u s k e y P a r k S h e l t e r $40.00 Pa r k s K e i t h B i r d L e g a c y P a r k S h e l t e r $40.00 Pa r k s N W A r e a F u l l D a y ( i n c l u d e s B l u e S h e l t e r & g r a s s a r e a ) $200.00 Pa r k s E a s t H a l f F u l l D a y ( i n c l u d e s S h e l t e r # 1 a n d M u lt i - U s e fi e l d s ) $300.00 Pa r k s E a s t H a l f F u l l D a y ( i n c l u d e s S h e l t e r # 1 , # 2 , # 3 a n d f i e l d s ) $400.00 Pa r k s F u l l D a y T o u r n a m e n t F e e ( a l l c o u r t s ) $200.00 Pa r k s E n t i r e P a r k F u l l D a y ( i n c l u d e s S h e l t e r a n d M u l ti - U s e fi e l d s ) $300.00 H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 18 of 19 Co n s o l i d a t e d C i t y w i d e F e e S c h e d u l e - F Y 1 8 De p a r t m e n t F e e T i t l e D e s c r i p t i o n F e e Pa r k s S t a g e a n d G r a s s A r e a R e n t a l ( p e r h o u r ) $10.00 Pa r k s S t a g e a n d G r a s s A r e a R e n t a l ( f u l l d a y ) $75.00 Pa r k s S p e c i a l E v e n t F u l l D a y ( I n c l u d e s S h e l t e r A 1 a n d g r a s s ar e a ) $500.00 Pa r k s S p e c i a l E v e n t F u l l D a y ( f u l l p a r k ) $1,500.00 Pa r k s S p e c i a l E v e n t H a l f D a y ( f u l l p a r k ) $750.00 Pa r k s B a n d s h e l l ( U p t o 5 0 0 p e o p l e ) $150.00 Pa r k s B a n d s h e l l w i t h S h e l t e r s a s n e e d e d ( 5 0 0 + p e o p l e ) $250.00 Pa r k s S h e l t e r A - 1 a n d B - 1 B B Q G r i l l s ( p e r t i m e b l o c k ) $50.00 Pa r k s S h e l t e r A - 1 a n d B - 1 B B Q G r i l l s F u l l D a y $75.00 Pa r k s C o m m e r i c a l E n t r y F e e Me r i d i a n W i n t e r L i g h t s P a r a d e $ 1 0 0 . 0 0 Pa r k s N o n - C o m m e r c i a l E n t r y F e e M e r i d i a n W i n t e r L i g h t s P a r a d e $ 5 0 . 0 0 Pa r k s 1 / 2 C o u r t ( p e r h o u r ) Ho m e c o u r t ( c o u r t r e n t a l ) $ 2 1 . 2 3 Pa r k s 1 C o u r t ( p e r h o u r ) Ho m e c o u r t ( c o u r t r e n t a l ) $ 4 2 . 4 5 Pa r k s 2 C o u r t s ( p e r h o u r ) Ho m e c o u r t ( c o u r t r e n t a l ) $ 7 5 . 4 7 Pa r k s 3 C o u r t s ( p e r h o u r ) Ho m e c o u r t ( c o u r t r e n t a l ) $ 1 0 3 . 7 7 Pa r k s 4 C o u r t s ( p e r h o u r ) Ho m e c o u r t ( c o u r t r e n t a l ) $ 1 2 2 . 6 4 Pa r k s 2 0 0 h o u r s r e s e r v e d d u r i n g a c a l e n d e r y e a r . H o u rs re s e r v e d m u s t b e p a i d u p f r o n t a n d a r e n o n - r e f u n d a b le . Ho m e c o u r t ( c o u r t r e n t a l ) 1 0 % D i s c o u n t Pa r k s 5 0 0 h o u r s r e s e r v e d d u r i n g a c a l e n d e r y e a r . H o u rs re s e r v e d m u s t b e p a i d u p f r o n t a n d a r e n o n - r e f u n d a b le . Ho m e c o u r t ( c o u r t r e n t a l ) 2 0 % D i s c o u n t Pa r k s M e r i d i a n R e s i d e n t Y o u t h 1 7 y e a r s o f a g e a n d u n de r H o m e c o u r t ( O p e n G y m ) $ 2 . 0 0 p e r d a y Pa r k s M e r i d i a n R e s i d e n t S e n i o r s ( 5 5 + y e a r s o f a g e ) H om e c o u r t ( O p e n G y m ) $ 2 . 0 0 p e r d a y Pa r k s M e r i d i a n R e s i d e n t A d u l t ( 1 8 - 5 4 y e a r s o f a g e ) Ho m e c o u r t ( O p e n G y m ) $ 3 . 0 0 p e r d a y Pa r k s A l l N o n - R e s i d e n t s Ho m e c o u r t ( O p e n G y m ) $ 4 . 0 0 p e r d a y H: \ R e s o - O r d s \ R e s o l u t i o n s \ 2 0 1 7 \ P u b l i c a t i o n C o n s o l i d a te d F e e S c h e d u l e F Y 1 8 r e s o 19 of 19 ADA COUNTY RECORDER Christopher D. Rich 2017-089730 BOISE IDAHO Pgs=8 VICTORIA BAILEY 09/22/2017 12:12 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. — /7/7 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBE' RTS AN ORDINANCE (H-2017-0018 — ROCKBURY SUBDIVISION) FOR THE RE -ZONE OF PARCELS OF LAND SITUATED IN THE SOUTHEAST 1/ AND THE SOUTHWEST 1/ OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) (8.95 ACRES) AND C -N (NEIGHBOR BUSINESS DISTRICT) (16.11) TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL)(6.71 ACRES) AND C -N (NEIGHBOR BUSINESS DISTRICT)(18,35 ACRES) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Rock Harbor Church, Inc. and Spur wing Greens Master Association. SECTION 2. That the above-described real property is hereby re -zoned from the R-15 (Medium High Density Residential)(8.95) and C -N (Neighborhood Business)(16.11 acres) to R-15 (Medium High Density Residential)(6.71 acres) and C -N (neighborlioodBusiness)(18.35 acres) zoning districts, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian 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 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. RE ZONE ORDINANCE — ROCKBURY SUBDIVISION - H-2017-0018 PAGE 1 OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled, SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map. prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the. full Council, the rule requiring two (2) separate readings by title and one (1) reading in fall be, and the sante is hereby, dispensed with, and accordingly, this Ordinance shall be in R41 force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this. day of. C9(J , 2017. �APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO; thisM? day of �7' , 201'7. ATTEST: C.jA MAYO de WEERD � rl, ��1 u �L ;CITY CLERK �1��rD7� /1 ``fly VE "ii, RE ZONE ORDINANCE - RocKBURY SUBDIVISION - H-2017-001$ PAGE 2 oB 3 STATE OF IDAHO, ) ss: County of Ada ) On this�'4lay ofC'�0_l , 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 WIINESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CAnw, (fou' (SEAL) Notary Public for Idaho ■...... ResidingAt:m�dloxn, -T-.r—> ♦.•'{r��EN�rr'�r, My Commission Expires: Do3c- � , w • � r 1 ` >. OF 1p� ♦♦♦ '��♦rrrrrrrr RE ZONE ORDINANCE -- ROCKBURY SUBDIVISION -11-2017-018 PAGE 3 OF 3 Legal Descriptions and Exhibit Maps V- 'k J•U•B ENGINEERS, INC. EXHIBIT A J U -B COMPANIES Rockbury Subdivision Neighborhood Business (C -N) Rezone Boundary Description February 13, 2017 I'NOR"N ,_f ( H4PPINO OROUP INC. A parcel of land situated in the Southeast 1/4 and the Southwest 1/4 of Section 22, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap marking the southeast corner of the Southwest 1/4 of said Section 22 from which an aluminum cap marking the southwest corner of Section 22 bears, North 89°17'18" West, 2,647.24 feet, Said southeast corner being the POINT OF BEGINNING; Thence along said south boundary of Section 22, North 89°17'18" West, 1,323.62 feet to the west boundary of the Southeast 1/4 and the Southwest 1/4 of Section 22; Thence along said west boundary, North 00°30'49" East, 774.94 feet; Thence leaving said west boundary, 42.56 feet easterly along the arc of a non -tangent curve to the left having a radius of 800.00 feet, a central angle of 03°02'52", and a long chord which bears North 70°34'15" East, 42,55 feet; Thence South 00°30'49" West, 175.13 feet; Thence South 89"25'44" East, 678.90 feet; Thence North 44°23'21" East, 169.23 feet to the centerline of N. Tree Haven Way as shown on the original plat of Jayker Subdivision thereof filed in Book 101 of Plats at Pages 13341 through 13352; Thence along the centerline of N. Tree Haven Way the nces: Page 1 of 2 a 250 SOUTH Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w wWw.lub.com Rockbuty — H-2017-0018 EXHIBIT A • )-U-B COMPANIES . LAk 0 RA—M. J•U•s ENGINEERS, INC. 89.41 feet southeasterly along the arc of a non -tangent curve to the left having a radius of 200.00 feet, a central angle of 25°36'46", and a long chord which bears South 35°15'26" East, 88.66 feet; South 48°03'49" East, 184.22 feet; 122,99 feet easterly along the arc of a curve to left having a radius of 160,00 feet, a central angle of 44°02'35", and a long chord which bears South 70°05'06" East, 119.99 feet; North 87°53'36" East, 107.74 feet; 53.76 feet easterly along the arc of a curve to right having a radius of 100.00 feet, a central angle of 30"48'14", and a long chord which bears South 76°42'17" East, 53.12 feet; South 61'18'10" East, 72.66 feet to the centerline of North Tree Farm Way as shown on the original plat of said Jayker Subdivison; Thence along the centerline of N. Tree Farm Way the following three bearings and distances: South 28'41'50" West, 81.03 feet; 135.76 feet southerly along the arc of a curve to left having a radius of 185.00 feet, a central angle of 42'02'43", and a long chord which bears South 07'40'29" West, 132.73 feet; South 13'20'53" East, 37.04 feet; Thence leaving said centerline, 49.42 feet southerly along the arc of a non -tangent curve to the right having a radius of 184.63 feet, a central angle of 15'20'10", and a long chord which bears South 07'19'16" East, 49.27 feet; Thence South 00"30'20" West, 177.49 feet to the POINT OF BEGINNING, Said parcel contains 18.35 acres, more or less. rsq End of Description. {` 11779 0 19,��h�lh t5 Page 2 of 2 a Rockbuiy — H-2017-0018 J,u-B ENGINEERS, INC. EXHIBIT A 1U BCOMPANIES Rockbury Subdivision 'p, ILAN600N ✓ I MAPPING VRUUP INC. Medium -High Density Residential (R-15) Rezone Boundary Description February 13, 2017 A parcel of land situated in the southeast 1/4 and the Southwest 1/4 of Section 22, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows. Commencing at an aluminum cap marking the southeast corner of the Southwest 1/4 of said Section 22 from which an aluminum cap marking the southwest corner of Section 22 bears, North 89"17'18" West, 2,647.24 feet; Thence along said south boundary of Section 22, North 89°17'18" West, 1,323.62 feet to the west boundary of the Southeast 1/4 and the Southwest 1/4 of Section 22; Thence along said west boundary, North 00`30'49" East, 774.94 feet; Thence leaving said west boundary, 42.56 feet easterly along the arc of a non -tangent curve to the left having a radius of 800.00 feet, a central angle of 03°02'52", and a long chord which bears North 70"34'15" East, 42.55 feet to the POINT OF BEGINNING; Thence continuing along said curve, 117.09 feet northeasterly along the arc of a curve to the left having a radius of 800.00 feet, a central angle of 08"23'09", and a long chord which bears North 64°51'14" East, 116.98 feet; Thence North 60'39'40" East, 473.31 feet; Thence 70.38 feet northeasterly along the arc of a curve to left having a radius of 500.00 feet, a central angle of 08"03'53", and a long chord which bears North 56°37'44" East, 70.32 feet; pL 21 �oj� J�y1514 j� 1 779 ctjq`��i3� i7 Pagel of 2 a 250 SOUTH Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 /'208-323-9336 w www.jub.com Rockbuiy — H-2017-0018 EXHIBIT A - 1 -U -©COMPANIES I U.N000N : I .1 -* 0 ORORP INC. J-U•e KNOINElrflB, INC. Thence 157.42 feet northeasterly along the arc of a reverse curve to the right having a radius of 506.05 feet, a central angle of 17'49'23", and a long chord which bears North 61"30'29" East, 156.78 feet to the centerline of N. Tree Haven Way as shown on the original plat oflayker Subdivision thereof filed in Book 101 of Plats at Pages 13341 through 13352; Thence along the centerline of N. Tree Haven Way the following four bearings and distances South 19°34'58" East, 115.44 feet; 126,55 feet southerly along the arc of a curve to the right having a radius of 400.00 feet, a central angle of 18°07'37", and a long chord which bears South 10"31'10" East, 126.02 feet; South 01°27'21" East, 152,13 feet; 73.29 feet southerly along the arc of a curve to left having a radius of 200.00 feet, a central angle of 20`59'42", and a long chord which bears South 11'57'12" East, 72.88 feet; Thence leaving said centerline, South 44°23'21" West, 169.23 feet; Thence North 89"25'44" West, 678.90 feet; Thence North 00"30'49" East, 175.13 feet to the POINT OF BEGINNING. Said parcel contains 6.71 acres, more or less. End of Description. l Page 2 of 2 a 250 SOUTH Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 % 209-323-9336 w www.iub.co I Rockbury — H-2017-0018 Exhibit Map 2 EXHIBIT B $ N f` N N CoM wao3 1 _ aa� N i I c r C3 0 Lf) off, r f N. Tree In T Of c rn L] _ o_ s O N Ill CJ IQ2 (l � o _ o m Hk !� m J N J C � J 1 r i Rockbuty — H-2017-0018 i �� syd GQo NI N - r'w N N zs .c O� c ¢f w w pw� w w w U )n Z Ilii 2 Iai 2 n N I)n N n Z m a a 'v O W o u�1 O � O dam- O N O GAO n N r d U c rn L] _ o_ s O N Ill CJ IQ2 (l � o _ o m Hk !� m J N J C � J 1 r i Rockbuty — H-2017-0018 i �� syd GQo NI N - r'w N N NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17- 1 PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcels of land situated in the Southeast 1/4 and the Southwest'/4 of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County. These parcels contain 25.06 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As 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 BZKP, enue, Meridian, Idaho. This ordinance shall become effective on the day of, 2017. { a C � r: X Ci y of idian+"'- �.�at f Mayor and City Council o By: C.Jay Coles_, City Clerkjd First Reading. q1 ?z'V7 Adopted z1fter first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES Y NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEYS 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. t-7�rl 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 20 day of 2017. William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- ROCKBURY SUBDIVISION - H-2017-001$ PAGE 1 ADA COUNTY RECORDER Christopher D. Rich 2017-089733 BOISE IDAHO Pgs=5 VICTORIA BAILEY 09/22/2017 12:13 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 7— /7/ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MMAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2017-0071 STOR IT SELF STORAGE) FOR ANNEXATION FOR A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTH % OF THE SOUTHEAST % OF SECTION 34, TOWNSHIP 4 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 I -L (LIGHT INDUSTRIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning bythe owner of said property, to -wit, Stor-It SeXf Storage LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to I -L (Light Industrial 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 rezone 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 snaps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — STOR-IT SELF STORAGE (H 2017-0071) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict. herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of'this ordinance and a map prepared in a. draftsman manner, including the lands herein rezoned, with the following officials of the County -of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings bytitle and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this r dayof `" , 2017. APPROVED BY THE/MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ke i day of -r Gey- , 2017. ATTEST; C.JAY COtES, CITY CLERK U�tATGll�1Up�5� / 77 City77u[ lJ s i a} SES 4 de WEERD ANNEXATION — STOR-IT SELF STORAGE (H 2017-0071) Page. 2. of 3 STATE OF IDAHO, ss: County of Ada ) On this day of , 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 salve. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first :above written. (SE�Ts�1}.:N�' .r.•• NOTARY PUBLIC FORM AHO U OTA' � ,Vy' RESIDING AT:QJ_ c�'_1_r T MY COMMISSION EXPIRES: g -a� r .ANNEXATION-- STOR-IT S.FLF STORAGE (H 2017-0071) Wage. 3 of 3 Legal Description March 27, 2017 EXHIBIT A PARCEL A (--r- L) STOR-1T SELF STORAGE LLC MMP INN IMM Quadrant Consulting, Inc. A parcel of land situated In a portion of the North 112 of the Southeast Y4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, is more particularly described as follows: Commencing at the East 114 corner of said Section 34, thence South 0' 53104" West 660.91 feet along the East line of said Section 34 to a point, thence leaving sald East line North 89' 14'44" West 425.10 feet to a point being the POINT OF BEGINNING; thence continuing North 89' 14'44' West 898.43 feet; thence North 010 12'Z2* East 102.60 Ieet; thence North 86' 02'56" West 91,14 feet; thence 98.58 feet along a curve to the left, said curve having a radius of 200.00 feet a delta angio of 28' 14' 29" and a chord bearing and distance of North 40' 47147" West 97.59 feet; thence North 54' 55'01" West 98.65 feet; thence 27.70 feet along a curve to the right, said curvo having a red lus of 140,00 feet, a delta angle of 11° 20'00" and b chord hearing and distance of North 49' 15' 01` West 27.65; feet; thence North 43' 35' 01" West 154.36 fent; thence 148,55 feet along a curve to the left, said curve having a radius of 583.00 feet a delta angle of 14' 36'00" and a chord bearing and distance of North 50' 53'01" West 148.15 feet; thence North 5811 11' 01" West 138.17 loot; thence 14.21 feet along a curve to the right, said curve having a radius of 20.00 feet a delta angle of 40'43' 00" and a chord bearing and distance of North 37'49' 31" West 13.91 feet; thence North 17' 28' 01" West 130.82 feet; thence South 8W 16'49' East 650,94 feet; thence South 0' 48142" West 328.00 feet; thence South 89' 16'49" East 881.88 feet; thence South 10 55' 56" East 333.01 feet; to the POINT OF BEGINNING; Sald parcel contains 11.860 acres, more or less Star -it Self Storage - AZ 4904 W(a! Ovednnd Road • eolse, 10 83705. Phone (200) 342 -OM , Fax (208) 342.0092 • tnlonat: ggpdmnt$q"n rantx Civil Enginoodng , Surveying EXHIBIT A - Page 1 of 1 Exhibit Map r� ly rn pl ff � Y J ../� m cn to �' u i am•�ea n 1 z $ o p r r � � Jille m a ! z� •o � C I a p �H F• (� Ilk m - F I 1 r I t f 1 -10 9 a r ., r A Pip P MIT 4w �,ui �--�xyi_�,, M �'�+g''o!•rr z,cs �s�3te�=��+. � f; f' 1 crmaud rrcmw mr >n1 P � a c f av Stor-it Self Storage — AZ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 1.7 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land situated in a portion of the North '/2 of the Southeast '/4 Section 34, Township 4 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 11.860 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 30 day of 2017. 4� r (.. f of ridian 4fYAbl 1 Mayor and City Council �_ By: C.Jay Coles, City Cleric" SEIt�l�,�. FirstReading: 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- l 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 ORDINANCE SUMMARY —Stor-It Self Storage (H-2017-0071) ADA COUNTY RECORDER Christopher D. Rich 2017-089734 BOISE IDAHO Pgs=5 VICTORIA BAILEY 09/22/2017 12:13 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 1 / -" 17 L1 q BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2017-0007 -- GODDARD CREED) FOR THE RE -ZONE OF A PARCELOF LAND SITUATED IN THE SE x/ OF THE SW '/ OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM R-4 (MEDIUM LOW DENSITY RESIDENTIAL DISTRICT) TO C -C (COMMUNITY BUSINESS DISTRICT) ZONING 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 BYLAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Brian Porter, SECTION 2. That the above-described real property is herebyre-zoned from the R-4 (Medium Low Density Residential to C -C (Community Business Residential) zoning districts, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian 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 re -zone said property. SECTIONS. 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. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RE ZONE ORDINANCE - GODDARD CREEK - H-201.7-0007 PAGE 1 of 3 SECTION 7. This ordinance shall be in fait 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 trap 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 Rill 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 f q day of " , 2017. ATTEST: CJAY OL + CITY CLERK MAYOR \'VLll.1tj city of •moi Fi ASiQ�a7 SEAL s de WEERD RE ZONE ORDINANCE - GODDARD CREEK, -`H-2017-0007 PAGE 2 OF 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this day of Gmbg►- , 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 Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and. acknowledged to ine 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. 0jqW km (Sl� L • � r r''•.• Notazy Public for Idaho .••'�;Y'.y • Residing At: `Mo JUd1_,an , T -I::) 0 ',�' •` My Commission Expires: 0110 00 • •'•N r,►E. _pkv �9Q►•� '•�IM�r RE ZONE ORDINANCE— GODDARD CREEK -H-2017-0007 PAGE 3 OF 3 EXHIBIT A CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 332 N. BROADMORE WAY SUITE 101 NAMPA, IDAHO 83687 208-442-6300 e FAX 208-466-0944 Project: 160210 j /.A I Date: January 06, 2017 ®- 11 1 Page: 1 of 2 t, oz -0:5-0 OF EXHIBIT "A -I COMMERCIAL RE( -ZONE MCMILLIAN STORAGE UNITS A parcel of land, for the purpose of re -zoning, situated in a portion of the SEI/4 of the SWIM of Section 26, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap monument marking the southwest corner of said Section 26, from which a brass cap monument marking the southeast corner of the SWI/4 of said Section 26 bears S88°5846"E a distance of 2602.80 feet; thence along the south line of said Section 26, S88°58'46"E a distance of 1301.29 feet to a 5/8 -inch rebar marking the southwest corner of said SEI/4 of the SWI/4 (W 1/16 corner) and marking the POINT OF BEGINNING; 1) Thence leaving said south line along the west line of said SEI/4 of the SWI/4, N00°29'27"E a distance of 45.12 feet to a point marking the southeast corner of the Amended Plat of Verona Subdivision No. 4, as recorded in the official records of Ada County, in Plat Book 102, at pages 13476 through 13477; 2) Thence along the east line of said Amended Verona Subdivision No. 4, N00°29'27"E a distance of 428,25 feet to a 5/8 -inch rebar marking the corner common to said east line and the southwest corner of the Selway Apartments Subdivision, recorded in the official records of Ada County, in Plat Book 102, at pages 13575 through 13578; 3) Thence leaving said cast line and along the south line of said Selway Apartments Subdivision, S88°58'36"E a distance of 681.21 feet to a point; 4) Thence leaving said south line SOI °O1' 14"W a distance of 473.31 feet to a point on said south line of SEI/4 of the SWI/4; 5) Thence along said south line N88°58'46"W a distance of 676.84 feet to the POINT OF BEGINNING. Said parcel containing 7.38 acres or 321,403 square feet, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. MERIDIAN e COEUR d'ALENE $ NAMPA L:\] 602 1 0\50-Survey\DESCRip'nONS EXHIBIT B N. TEN MIl,E ROAD w N � trI rn i �;3D� w �? >AMENDED 0 MM VLRONA SUBDIVISION NO. 4 I N00'29'27"E 473.37' 1 Q 428.25' I �pn�n f I_ .� �co°' °OD°� 0000, � ' � z C) �cn� cn> P "�N 0! yCA° m rn t m m 0 n N t Q3 P Q � 0 C( >�0 O. 00 t Un va r S01'01'14"W 473.31' y � rr, OM g o N .tet) > 0) -0 z w p W ren z -Ti O 0-9 r X m m >O zI r� o z z �°z tv d z D rq o 2C a c) Ku z Z o p Enoo �rq Q -,c000 zm� F�ROFFS�/ O L7 M o .4C 1 p M o �' O p m C -q Q nLq in a s�N ?SOA o NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17 - PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of land situated in a portion of the SE '/4 of the SW'/4 of Section 26; Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County. This parcel contains 7.38 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As 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 50 day of tfM I' &y , 2017. of Meridian Mayor and City Council By: C.Jay Coles, City Clerk p ,T •'ry First Reading: 1, e , ss Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES A NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17- /-7 Ll 6' 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 - 17 41G" 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. — L'-�Y"z William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- GODDARD. CREEK — H-2017-0007 PAGE 1