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2018-04-03
C I T Y C OUNCI L R EGU L A R M EETI N G A GENDA C ity C ouncil C hamber s 33 E ast B r oadway Avenue M er idian, I daho Tuesday, Apr il 3, 2018 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. C ommunity I nvocation by S teve M oor e with Ten M ile C hristian C hur ch 4. Adoption of Agenda Adopted 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Thi s time is reserved for the public to address their elected officials regarding matters of general i nterest or concern of public matters and is not speci fic to an active land use/development application. By law, no deci sions can be made on topics presented under this public comment section, other than the City Counci l 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. C onsent Agenda Approved A. Approve M inutes of the M arch 13, 2018 J oint M er idian D evelopment Corporation and City C ouncil S pecial M eeting B. F inal P lat for Whiteacr e No. 4 (H-2018-0020) by Whiteacr e D evelopment C orp. located at the West S ide of N. M eridian Road between W. Ashton D rive and W. L ava F alls D rive C. F inal O r der for Hill's C entur y F ar m S ubdivision No. 9 (H-2018- 0019) by B righton Investments, LLC L ocated at 1/4 M ile S outh of E ast Amity Ro ad and 1/4 M ile E ast of S outh E agle Road D. F indings of F act, C onclusions of L aw for O aks West Subdivision (H-2017-0170) by Hayden Homes Idaho, LLC , L ocated at the S outheast C or ner of Nor th M c D ermott Road and West M c M illan Road E. D evelopment Agreement for Whistle S top S ubdivision (H-2017- 0167) with B iltmor e C ompany L ocated at 1297 E P ine Avenue F. T r ilogy S ubdivision No 1 P edestrian P athway E asement G. D emeyer Warehouse Water M ain E asement H. B araya Subdivision #2 S anitar y S ewer E asement #1 I. B araya Subdivision #2 S anitar y S ewer and Water M ain E asement #1 J. B araya Subdivision #2 S anitar y S ewer and Water M ain E asement #2 K. P rimar y Health Ten M ile Road Water M ain E asement L. B rickyard S ubdivision No. 3 and 4 E asement M. Acces s and Indemnity Agr eement with Insurance Auto Auctions for Use of F acility for K 9 T raining N. M emor andum of Under standing between the C ity of M er idian and the I nternational Association of F ir e F ighter s, L ocal 4627 Amending Article 15 of the Current C ollective B argaining Agreement P ertaining to E ngineer Testing O. Agreement for F ir e D epartment C ommunication D ispatch S er vices B etween Ada C ounty and C ity O f M er idian for F iscal Year 2018 for an amount not to exceed $87,122.21 P. S ubrecipient Agreement B etween City of M eridian and M eridian D evelopment C orpor ation for P r ogram Year 2017 C ommunity D evelopment B lock G r ant F unds in an amount not to exceed $182,195.11 Q. Approval of Task O rder 10631.a for P r ofessional S ervices for “Water M ain E xtension W. Victor y Rd. & S. Ten M ile Rd.” to C ivil S urvey C onsultants for the Not-To-E xceed amount of $103,397.00. R. AP Invoices for P ayment 4/4/18 - $487,421.35 7. Items M oved F rom T he C onsent Agenda 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 mi nutes or if they are representi ng a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 addi tional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. The City Counci l may move to continue the item for additional information or vote to approve or deny the i tem 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. M ayor's Youth Advisory C ouncil P ar ticipatory B udgeting P roposal and Request Approved B. S WAC : T r ash or T reasur e P rogram P resentation and Request 1. Resolution No. 18-2070: A R esolution Of T he Mayor And T he City Council O f T he City O f Meridian Approving T he S olid Waste A dvisory C ommission’s “2018 Trash O r Treasure E vent” On May 5 A nd 6, 2018 A nd A nnually T hereafter; A nd Providing A n E ffective Date. Approved C. S WAC : Recycle a B icycle P roposal and Request for F unding 1. Resolution No. 18-2069: A R esolution Of T he Mayor And T he City Council O f T he City O f Meridian Approving A Community Recycling F und A pplication F or T he S olid Waste Advisory Commission To Hold I ts “2018 R ecycle A B icycle Event” On May 5, 2018 W ith F unding A uthority Of $500; A nd Providing A n E ffective Date. Approved D. S WAC : D O W Chemical "O r ange B ag" P rogr am Request for F unding 1. Resolution No. 18-2071: A R esolution Of T he Mayor And T he City Council O f T he City O f Meridian Approving A Community Recycling F und A pplication F or T he S olid Waste Advisory Commission To P ilot A One-Year “Orange Bag Program” For 1,500 Households To Participate On A Voluntary Basis And Funding Authority In An Amount Not To Exceed $12,000; And Providing An Effective Date. Approved E. P ublic Wor ks: Resolution No. 18-2066: A Resolution Updating the Average Number of G allons P er M onth for Winter Residential Water Use in the C ity. Approved F. P ublic Hear ing for L asken Annexation (H-2017-0154) by T homas H. L asken, L ocated at 721 E P ine 1. Request: A n A nnexation and Z oning of 0.99 Acres of L and with an R-2 Z oning District Approved G. P ublic Hearing for L ost Rapids (H-2018-0004) B y G F I-M er idian Investments I I, LLC and Brighton Investments L ocated at the S outhwest C or ner of S tate Highway 20-26 (Chinden B lvd.) and North Ten M ile Road 1. Request: A mendment to the F uture L and Use Map contained in the C omprehensive P lan to change the land use designation on 32.83 acres of land from the Medium Density R esidential (16.33 acres) and the Mixed-Us e C ommunity (16.50 acres) to Commercial; 2. Request: A nnexation & zoning of 78.33 acres of land with R-15 (39.01 acres), R-40 (6.50 acres), and C -G (32.83 acres) zoning districts; 3. Request: P reliminary P lat consisting of 1 residential building lot, 13 commercial building lots and 1 other lot f or dedication of right- of -way on 36.2 acres of land in the proposed R -40 and C-G zoning dis tricts; and 4. Request: Variance to UD C 11-3H-4B which prohibits new approac hes directly accessing a state highway to allow two (2) accesses via S tate Highway 20-26 Approved H. P ublic Hear ing for P r oposed P arks F ees 1. Resolution No. 18-2068: A R esolution Adopting New F ees Of T he Meridian P arks A nd R ecreation D epartment; A uthorizing T he Meridian P arks A nd R ecreation Department To C ollect S uch F ees; A nd P roviding A n E ffective Date Approved 9. O rdinances A. O rdinance No. 18-1769: Whistle S top H-2017-0167 A n O rdinance (H-2017-0167 – W histle S top) F or The R e-Z one Of A P arcel O f L and D escribed A s L ot 2, B lock 1 O f Tramore S ubdivision A s F iled I n B ook 87 O f P lats A t P ages 9825 A nd 9826, R ecords Of A da County, I daho A nd A P ortion Of T he N ½ O f T he Sw ¼ Of S ection 12 , Township 3 North, R ange 1 West, Boise Meridian, C ity O f Meridian, A da County I daho; E stablishing And D etermining T he L and Use Z oning C lassif ication F rom L -O (L ight Office) Z oning District To R- 15 (Medium High D ensity R esidential) Z oning District I n T he Meridian City Code; P roviding T hat C opies O f T his Ordinance S hall B e F iled W ith T he A da C ounty A ssessor, T he Ada County Recorder, A nd T he I daho S tate Tax C ommission, A s Required B y L aw; A nd P roviding For A S ummary Of T he O rdinance; A nd Providing F or A Waiver Of T he Reading R ules; A nd P roviding A n E ffective Date Approved 10. F utur e M eeting Topics Adjourned at 1:07am All materi als presented at public meetings shall bec ome property of the C ity of Mer idian. Anyone desiring accommodation for disabilities related to doc uments and/or hearing, please c ontac t the City Clerk's Offic e at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council April 3, 2018. A meeting of the Meridian City Council was called to order at 6:08 p.m., Tuesday, April 3, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer, Anne Little Roberts and Treg Bernt. Others Present: Bill Nary, C.Jay Coles, Clint Dolsby, Caleb Hood, Sonya Allen, Scott Colaianni, Kevin Fedrizzi, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: I just wanted to -- to note to those in attendance, we did have a meeting prior to this over the purchase of property, which is why we adjourned into Executive Session. No relationship to this meeting. So, with that said, I will go ahead and call our regular meeting of City Council to order. For the record it is Tuesday, April 3rd. it's eight minutes after 6:00. 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 No. 3 is our community invocation. Is Pastor Moore here? Okay. I'm not seeing him. Item 4: Adoption of Agenda De Weerd: I will move to Item No. 4, which is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda April 17, 2018 – Page 6 of 491 Meridian City Council April 3, 2018 Page 2 of 128 Borton: There are no changes or edits to the agenda. I would move that we adopt the agenda as published. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda as published. 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 under future meeting topics. Coles: There were no sign-ups, Madam Mayor. Item 6: Consent Agenda A. Approve Minutes of the March 13, 2018 Joint Meridian Development Corporation and City Council Special Meeting B. Final Plat for Whiteacre No. 4 (H-2018-0020) by Whiteacre Development Corp. located at the West Side of N. Meridian Road between W. Ashton Drive and W. Lava Falls Drive C. Final Order for Hill's Century Farm Subdivision No. 9 (H-2018- 0019) by Brighton Investments, LLC Located at 1/4 Mile South of East Amity Road and 1/4 Mile East of South Eagle Road D. Findings of Fact, Conclusions of Law for Oaks West Subdivision (H-2017-0170) by Hayden Homes Idaho, LLC, Located at the Southeast Corner of North McDermott Road and West McMillan Road E. Development Agreement for Whistle Stop Subdivision (H-2017- 0167) with Biltmore Company Located at 1297 E Pine Avenue F. Trilogy Subdivision No 1 Pedestrian Pathway Easement G. Demeyer Warehouse Water Main Easement H. Baraya Subdivision #2 Sanitary Sewer Easement #1 I. Baraya Subdivision #2 Sanitary Sewer and Water Main Easement #1 Meridian City Council Meeting Agenda April 17, 2018 – Page 7 of 491 Meridian City Council April 3, 2018 Page 3 of 128 J. Baraya Subdivision #2 Sanitary Sewer and Water Main Easement #2 K. Primary Health Ten Mile Road Water Main Easement L. Brickyard Subdivision No. 3 and 4 Easement M. Access and Indemnity Agreement with Insurance Auto Auctions for Use of Facility for K9 Training N. Memorandum of Understanding between the City of Meridian and the International Association of Fire Fighters, Local 4627 Amending Article 15 of the Current Collective Bargaining Agreement Pertaining to Engineer Testing O. Agreement for Fire Department Communication Dispatch Services Between Ada County and City Of Meridian for Fiscal Year 2018 for an amount not to exceed $87,122.21 P. Subrecipient Agreement Between City of Meridian and Meridian Development Corporation for Program Year 2017 Community Development Block Grant Funds in an amount not to exceed $182,195.11 Q. Approval of Task Order 10631.a for Professional Services for “Water Main Extension W. Victory Rd. & S. Ten Mile Rd.” to Civil Survey Consultants for the Not-To-Exceed amount of $103,397.00. R. AP Invoices for Payment 4/4/18 - $487,421.35 De Weerd: Okay. Thank you, Mr. Clerk. Six is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Clerk, will you call roll. Meridian City Council Meeting Agenda April 17, 2018 – Page 8 of 491 Meridian City Council April 3, 2018 Page 4 of 128 Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. 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: Action Items A. Mayor's Youth Advisory Council Participatory Budgeting Proposal and Request De Weerd: So, we will move to Item 8-A, which is under the Mayor's Youth Advisory Council. And we have a presentation tonight about participatory budgeting. World: Good afternoon, Madam Mayor and Council Members. I am -- I am Brianna World. McBride: I'm Cortney McBride. Davis: And I'm Britain Davis. World: And we are here from Meridian Youth Advisory Council to present our proposition for the participatory budgeting this year. De Weerd: Thank you. Davis: So, first we wanted to start off with kind of the purpose of our project, which is to increase public bike use around the City of Meridian. We are lacking in transportation -- public transportation options and we think a great way to improve our city is to improve the public bike use around our city, especially in the youth and other people who feel like they don't have options. A bike is definitely easier to use, repair, and fix, buy, purchase, et cetera, than a car. They are also less impactful -- they have less negative impacts on the environment, in production, and in use and they also reduce the wear on streets, because cars have -- increase the wear that -- on streets, which causes us to have to replace and improve our streets more often and more regularly. Bikes also improve the wellbeing of the public by increasing the public health, because it is a source of exercise and it's also enjoyment and so it will increase the overall happiness of the public, which is also a very great thing. And so we just wanted to go into our presentation with a huge question, which is how do we improve the public use of bicycles in Meridian as a whole. Meridian City Council Meeting Agenda April 17, 2018 – Page 9 of 491 Meridian City Council April 3, 2018 Page 5 of 128 McBride: So, at first our project started out as a station where there was just bicycles that people could use throughout the city and we thought that wasn't really feasible and it wouldn't be a one-time expense, because we would have to keep renewing and repairing. So, we eventually landed on the idea of Fix It Stations and they include a rack for you to hold your bike while you fix it, multiple tools that fix common bike problems, and a pump, so that if you have a flat tire, whatever, that you can fix it and we can install them anywhere. On bike pathways near schools and parks. They can pretty much go anywhere and they are made with galvanized steel and a thermoplastic coating, so that they can withstand the weather and we just want to install them throughout Meridian. Davis: So, places to install these bikes. We visited with Mike Barton of the Parks Department and he is very open to installing them on parks, pathways, and other places. We contacted the school district, but they don't want the responsibility of having one on their property, but we can still put them near schools or on the library. We also wanted -- we really wanted to focus on schools, though, especially the three schools Meridian, Heritage and Lewis & Clark, because these schools have high volumes of people who ride their bikes and these students are kind of in the age where they know -- they are old enough to know how to fix their bike, but they usually don't always have the option to be able to, like if they get stranded at school and not a lot of people have cars to transport them just back home like they would at a high school and so we wanted to just suggest these places as what we were thinking about thus far in our project. And so for the cost for -- I submitted a quote to Dero, the company that makes them for 12, just based on the 20,000 maxing it out if we wanted to and each net unit cost 774 dollars for the actual fix it station and, then, an additional 634 for the pump and, then, the tools come with it and aren't an additional cost and so for 12 of them overall it would be about 17,000 dollars, but definitely we do not have to do that much or we can if -- based on the cost that we want to do in the future. World: So, these things have to be installed in concrete and they can't be installed in asphalt and so if we wanted to put them on bike pathways we would probably have to create cement pads, which are about 300 dollars each and that's not including labor, which would cost about 65 dollars an hour and we would also need a concrete drill, which can be rented for 40 dollars a day and the initial installation and hardware that is for a simple installation is included when you buy it. McBride: So, for the color and customization of these Fix It Stations we would be able to put different art or stickers on it and another option would be for different companies to sponsor the art that was put on them, so they could put their logo and get their business recognized. World: So, Dero warranties them for two years and the air kit is warrantied for temperatures of 30 to a hundred -- I mean negative 30 to 110 degrees Fahrenheit and so that's a really good warrantee. Meridian City Council Meeting Agenda April 17, 2018 – Page 10 of 491 Meridian City Council April 3, 2018 Page 6 of 128 Davis: And, then, these are pictures right here of the tools that would be in place on the different Fix It Stations. McBride: So, people will be more comfortable with biking farther and parents will be more comfortable with their kids biking farther if they know there is a way that they can fix their bikes if something were to go wrong, so that the parents wouldn't have to go and pick up their kids or if they weren't available to. These stations will also teach teenagers especially important life skills that they might need later on in life if they are older and they can't afford a car or if, you know, some of these things happen with, you know, motorcycles if they happen to have one. So, it just really helps with life skills and it will help people ride their bike safely, because some people don't realize that there is something wrong until it's too late. World: So, we want to install these because Meridian definitely needs a push for transportation. We don't have that much and that's why we wanted to do this project. So, cost per station is 1,408 and shipping is 344 dollars total if we were to do 12, so as already stated it would be about 17,000. So, with all of this said this is why we want to do this and we hope you would support us. De Weerd: So, Britain or any of the three of you, could you maybe talk about the process that you went through to -- to choose this one project -- and I know you were one working group. What were some of the others that were considered and what was the process that MYAC used to choose this bike project? World: So, there -- so, there was three of the participatory budgeting ideas that we had and one was the bicycle project, an art wall, and a community garden and so as a -- as MYAC we went through and we each presented a PowerPoint stating what our project was and why it was important to the community and what we were going to do with it and, then, we went through a voting process and us and the art wall were actually tied at the end, so we did a recount between the art wall and the bicycle project and the bicycle project ended up winning. Davis: And with the bicycle project -- when we were first considering how to push bicycle use as a -- my fellow MYAC'er stated, we first started with kind of -- we wanted to set up bike racks filled with bikes around the city, but we felt that that was unreasonable to maintain and also we felt that it might be stolen and we knew that there is better projects coming about, like Boise Bike Project and LimeBike coming to our city and so, then, we moved on to trying to create a -- kind of creative bike rack through also the Dero site. We were browsing there, since they are popular for many bicycle solutions around the country and so we wanted to try to create an artistic bike rack, maybe in the shape of the Meridian logo or some other feature, but, then, when we found the Fix It Stations we really felt like this was the most impactful and useful and actually going to make a difference in our city, the most out of any of the options, and so, then, we progressed to choosing that and, then, we won the MYAC and so -- yeah. De Weerd: Can you give a little bit more information about the QR code? Meridian City Council Meeting Agenda April 17, 2018 – Page 11 of 491 Meridian City Council April 3, 2018 Page 7 of 128 Davis: Yeah. So, on each Fix It Station there is a QR code where you can scan it with your phone and it will give you directions to fix most bike problems on a given day and also it will give you a link to find YouTube videos and other resources, so you will never feel like you have the tools, but don't know how to use it. De Weerd: Very cool. Council, any questions at this point? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Not a -- well, maybe a question. But first a comment. Great presentation. I have background in putting these stations along the Boise Greenbelt in my previous employment and my father runs the volunteers on the greenbelt in Boise and every week updates me about the use of these bike repair stations. So, I think that this is something that our community has needed for a long time, but I really appreciate you guys bringing forth this project. My question for you all is -- is maybe a question and part of the challenge, Madam Mayor. In my previous employment our company I worked for we wrapped our brand around the stations. Our company got recognition for sponsoring the stations and you shared that these repair stations have the ability to be wrapped. Has there been any discussion amongst MYAC about going out and soliciting for sponsorship of the stands, as opposed to asking for the city to cover the complete cost? Davis: Well, to address that we have talked about doing that, especially with the Boise Green Bike representative, who we met with to install these on the greenbelt as well and we decided that we would wait until you all approved this as city councilmen until we would solicit businesses. We just first just went to the Parks Department as a government organization to see how interested they were and they said that they would cover the cost of maintenance anywhere on a park and pathways and so we thought that that was the most useful information for you now, but we would definitely love to solicit businesses for them to put them on their property and wrap them or to put them elsewhere and have them wrapped and cover the cost as well. Cavener: Madam Mayor, one additional question I guess. You're proposing 12 stations. To me it sounds like a lot. Have you guys had discussion about if 12 stations are really needed in Meridian? McBride: So, when we went and talked to the Parks Department they recommended that we start with a fewer number and which we agreed with. When we were first originally looking into the project we just put in a quote for 12 just to see how much it would cost, so that we knew how much each one cost. So, we were thinking going lower than 12, just so that we have a little cushion room if something, you know, came up. Meridian City Council Meeting Agenda April 17, 2018 – Page 12 of 491 Meridian City Council April 3, 2018 Page 8 of 128 De Weerd: And I -- I think you -- you mentioned that the total would be around 17,000, so you would turn the 3,000 back to the budget? Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: Great job you guys and I love this idea. So, it is definitely necessary. There are a lot of young bike riders out there and not so young bike riders out there that will definitely take advantage of this. I just -- my question for you is regarding finances. So, the installation is not included in the 14,000 dollars or -- Davis: No. The insta -- the 1,400 dollars is just for the cost of the actual station. We would need to either rent or borrow a concrete drill, but all of the other tools are included, as long as we have a concrete pad to put it, since it can't be installed on asphalt. Milam: Madam Mayor, follow up? So, do you -- you mentioned it was 65 dollars an hour to have somebody install them for you. Do you know how many hours it would take to install each one? McBride: Well, it would be 65 dollars an hour if we chose to put in concrete pads. That would be like people who come in before and laid the concrete. But we could do the installation ourselves as MYAC. Davis: Yeah. The representative from Boise Green Bike, who installed these on the greenbelt, said that he did it himself and it was not a difficult process. That all you needed was a drill and, then, you just drilled it straight in and so it would be something that we as MYAC, with assistance, would be able to do together. Milam: Okay. So, you don't need a concrete pad? Because I was doing the math including the concrete pads and you're way over budget. Davis: We would only need a concrete pad if we wanted to install on asphalt. But it's easily enough to find somewhere with concrete. Milam: Okay. Thank you. Good job. De Weerd: And I think once -- if Council approves the idea they can come back with further detail after they have worked with the Parks Department, identified the places that they would recommend to them being located. Britain is our commissioner on the Transportation Commission, the youth representative, and so knowing that Council has been interested in moving forward with the LimeBike program and the GPS capability of detecting the -- the major routes of where bicycle use is, there has been, through their conversations with the library and possibly ICOM and Idaho State University, those would be entities that could also join in, sponsor their Fix It Station and be part of it. Meridian City Council Meeting Agenda April 17, 2018 – Page 13 of 491 Meridian City Council April 3, 2018 Page 9 of 128 They also would be able to move forward with the nod of asking for sponsorships for wrapping some of these stations. So, this just opens up the next phase of work; right? This is where the rubber meets the road. No pun intended. Any other questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: To that point I think it's important you guys hear feedback at least myself about where I would like to see you guys go next and to your comments I think 12 stations is probably too many. I think that I'm more supportive of probably a number of half of that, with the challenge that you guys are going to go out and find sponsors to help cover the cost of -- of any additional stands that you need. I'm one that would be supportive of these stands being in our parks and on our pathways. I'm not quite sure that I would be on board for us purchasing these to place them in businesses or universities, but I think that's an opportunity for you guys to really take ownership of this program and really grow it by finding partners in our community to see the value and the great work you're doing. Look forward seeing what you guys bring us next. Davis: Thank you. De Weerd: Mr. Borton. Borton: Madam Mayor. Are any of your parents here? No? You -- phenomenal job. Excellent job. This participatory budgeting -- and for the folks here who get a chance to see these amazing kids and what they have done, kind of the concept in a nutshell is we provided funding last year for a project that the youth council explores and develops and ultimately votes on and what we try to do is -- is empower a group to come up with ideas that the seven of us might not think of and we might not come up with an idea and we might not address a need that's in our community and so we empower the group to come up with those ideas that might service -- serve the city that we haven't addressed and you guys have done that exceptionally well and -- and when you present and review, the Council and Mayor may say it's a great idea, we are supportive and we may not. Your preparation is outstanding. You have done the homework for months and you can answer all of these questions, even the details that matter and they matter to us, because it's taxpayer money. Extremely supportive of this project. The fact that you came up with it in your group, saw a need and saw this is the best way to address that need and, then, researched it and talked to all the different individuals to come up with all the information to support the request you're making now, exceptional job. That's the kind of background homework -- kind of the grind that's necessary to get something important done and you knocked it out of the park. So, I'm supportive of all -- of all 12 of them. I think where they go and how you get sponsors -- you're going to bring back those details and, again, that's up to you to try and come up with those solutions. We have addressed some of the opportunities, but come back with some solutions on those sponsorship opportunities. Excellent job. Meridian City Council Meeting Agenda April 17, 2018 – Page 14 of 491 Meridian City Council April 3, 2018 Page 10 of 128 Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: You know, I echo the sentiments of my fellow Council Members. Phenomenal job. I mean, honestly, it's so rewarding to see kiddos -- high school age kiddos stand before us with such preparation and such detail, it's fantastic. It's these types of experiences that will prepare you for after you graduate from high school. So, very well done and I can't wait to see what you guys bring back. Good job. Davis: Thank you. McBride: Thank you. De Weerd: So, we will need an official nod and, then, my office and the Parks Department will work together with this team and -- and there are others that might be interested in being involved and -- and we can put some information together and bring that back. Probably in May. Later in May; right? Finals. Okay. So -- Borton: You need a vote? De Weerd: Yes. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve the MYAC participatory budgeting proposal and request as presented. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, this means -- it allows them to move forward with the purchase of all 12? Because it sounded like they were concerned about -- said they wanted some buffer and I think that more -- that's a responsible thing to -- to consider is that they wanted some buffer and they were only given a certain amount. So, are we saying go ahead and drop your buffer or what are we saying here? De Weerd: I think the approval is on the concept with numbers and approach to be brought back. Okay. Mr. Clerk. Meridian City Council Meeting Agenda April 17, 2018 – Page 15 of 491 Meridian City Council April 3, 2018 Page 11 of 128 Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Thank you. And I know one of you took the night off of work just to be here, so thank you for being here. Davis: Thank you. B. SWAC: Trash or Treasure Program Presentation and Request 1. Resolution No. 18-2070: A Resolution Of The Mayor And The City Council Of The City Of Meridian Approving The Solid Waste Advisory Commission’s “2018 Trash Or Treasure Event” On May 5 And 6, 2018 And Annually Thereafter; And Providing An Effective Date. De Weerd: Congratulations. Okay. Item 8-B is through our Solid Waste Advisory Commission. Andrea. Pogue: Andrea Pogue, Deputy City Attorney and SWAC commissioner. Good evening, Madam Mayor and City Council. The first item is our Trash Or Treasure program. This residential recycling program embraces the motto one man's trash is another person's treasure and it is unique to Meridian. It is a cost free opportunity for residents to sit on their curb, quote, unquote, trash aka gently used possessions, the weekend before spring cleanup to be claimed as, quote, unquote, treasure by others who can reuse, repurpose or re-imagine possibilities for it, other than going to the landfill. Tonight SWAC seeks permission to bring its second annual Trash Or Treasure program on May 5th and 6th to an expanded list of HOAs, both north and south of the freeway this year, including subdivisions Burney Glen and Havasu Creek for their second year and first year neighborhoods Hunters Point, Shepherd Creek and Bear Creek Subdivisions. Additionally SWAC would like permission to run this program annually without seeking yearly City Council approval to do so. SWAC would seek Council direction and approval for any substantial changes, such as when we believe it's ready to go citywide at some point in the future. Any questions? De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda April 17, 2018 – Page 16 of 491 Meridian City Council April 3, 2018 Page 12 of 128 Cavener: Andrea, that last piece about SWAC moving forward without touching base with Council, talk to me about why SWAC is recommending that. I, for one, am a huge proponent of this and want to get us moving to a city-wide program very, very quickly and I think having SWAC come before us at least on annual basis on this item helps get us closer to a city-wide program. So, I'm just struggling to understand why SWAC doesn't want to come with an annual update about this. Pogue: Thank you, Councilman Cavener. SWAC will come back to give you a close out report as to how the program fares this year. Last year we had a few bugs that we think we have worked out, but we are still anticipating that there might be some kinks and, you know, we do our post program survey, depending on what we get, you know, we can report back to City Council. We want to grow this carefully. We don't want to rush into a city-wide program before it's time. That is the goal. That is our desire. It's -- since there is no money involved we just feel -- it's up to Council. We just feel if we add one or two more neighborhoods next year, if we don't encounter any significant issues that we need direction on, we should just be able to go forward and -- and roll it out as an annual program. But that is at your discretion. It was something we thought we would suggest. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just -- just a comment, then, is -- and recognize I'm just one voice and I know that we want to grow this the right way, but I'm one that's very supportive of us working to try and make this a city-wide event for next year. I think it's a great program. It's something we should be really proud of and I know that our citizens that aren't in those neighborhoods would like it to be in their neighborhoods and I guess just feedback is that I appreciate that we want to come back next year with maybe adding a few more, but I would -- I would love to hear next year that we are coming back to make this a city- wide program. Pogue: And in that case we would come back for -- and we appreciate your enthusiasm. Cavener: No problem. De Weerd: Okay. Any other questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: To Councilman Cavener -- I think a lot of it has to do with planning that's going into it and the timing and the timing that it takes to get on an agenda -- it's coming out pretty soon. In my opinion coming and giving a report after the event and explaining Meridian City Council Meeting Agenda April 17, 2018 – Page 17 of 491 Meridian City Council April 3, 2018 Page 13 of 128 everything that went on and giving opportunity for Council to give input at that time is sufficient if we are just adding a couple subdivisions. Having said that, I move that we approve Resolution No. 18-2070. Bernt: Second. De Weerd: I have a motion and a second to approve Resolution 18-2069. Cavener: Madam Mayor? Sorry. Just one -- De Weerd: I'm sorry. 2070. Cavener: I guess my request would be for our Council to make that decision about if we want them to come back before next year maybe following the close-out report of this year. I would like to hear how those bugs have been improved. If SWAC feels that they are in a position that they can move forward without touching base with Council, I'm one who would also just ask that I would like to be informed when this is happening, because I like to promote it and rather than make a decision about should they come back or not come back tonight, to hold that off until the close-out report, which will come I assume sometime in either May or June. De Weerd: And -- and the resolution doesn't contemplate that, so we can discuss during close-out -- Pogue: It actually does. De Weerd: Oh, it does? Pogue: It does. Yes. So, the resolution I drafted -- and I can bring it back corrected -- is that SWAC is seeking additional approval to continue this event on a recurring annual basis, whereas SWAC in its discretion will seek prior additional Mayor and City Council direction and approval for any material and substantial changes to the event that might develop in the future, meaning citywide when we feel ready to launch it. There is in this program an unusual aspect, because it -- it butts up to spring cleanup week and spring cleanup runs Monday through Friday. So, these initial neighborhoods that we have selected that have agreed to participate fall on Monday -- Monday. Tuesday. We want to kind of see how that works. We are beefing up our spring cleanup flier to get better instruction as to what you can and can't put out there, when you have to call in advance to have Republic pick up bulk items, et cetera, if they weren't picked up -- claimed during Trash Or Treasure Week. So, if we -- we are not sure. You know, we might want to roll out neighborhoods that go to Wednesday and, then, if we don't have any problems, then, maybe we would be ready to come before City Council. So, that's the main hang up is playing with that -- those logistics. Meridian City Council Meeting Agenda April 17, 2018 – Page 18 of 491 Meridian City Council April 3, 2018 Page 14 of 128 De Weerd: Okay. So, does the -- the motion contemplate approving that without the stipulation that it does not need to be brought back every year, that this could be discussed when we have the close out? Milam: Madam Mayor, the motion was made with the resolution the way that it's printed and discussion on it is such that we should change that then -- then we can change it. But so far we have heard from one councilman. Is there anybody else? Palmer: Madam mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Mr. Nary, can we -- given the simplicity of the resolution can we amend a resolution on the fly? Nary: Madam Mayor, Members of the Council, Councilman Palmer, yes, you can. De Weerd: Okay. Any further discussion? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: Okay. The motion passes. Thank you. MOTION CARRIED: FIVE AYES. ONE NAY. C. SWAC: Recycle a Bicycle Proposal and Request for Funding 1. Resolution No. 18-2069: A Resolution Of The Mayor And The City Council Of The City Of Meridian Approving A Community Recycling Fund Application For The Solid Waste Advisory Commission To Hold Its “2018 Recycle A Bicycle Event” On May 5, 2018 With Funding Authority Of $500; And Providing An Effective Date. De Weerd: I imagine you're doing this next item, too? Pogue: I am, Madam Mayor. De Weerd: Okay. Item C is our Recycle A Bicycle proposal and request for funding. Pogue: So, Madam Mayor, this residential recycling program aspires to repurpose bikes headed to the landfill by repairing and fitting them to Meridian residents. Tonight SWAC would like approval of its community recycling fund application to hold its second annual Recycle A Bicycle program on May 5th at Kleiner Park to be run in conjunction with the Parks and Rec Department's opening day of its Outside and Unplugged event. Meridian City Council Meeting Agenda April 17, 2018 – Page 19 of 491 Meridian City Council April 3, 2018 Page 15 of 128 Additionally SWAC would like funding authority for 500 dollars from the community recycling fund to purchase needed parts and other accessories for the 32 bikes that will be repaired and given away this year. Any questions? Cavener: Madam Mayor? De Weerd: Mrs. Little Roberts. Cavener: Madam Mayor. Andrea. I know that there were some potential issues with getting enough people to repair bikes. Has that been resolved? Pogue: Yes, it has. And we are moving forward with all voluntary help for the bike repair work, which is wonderful. De Weerd: Any other questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Andrea, I guess just maybe for some clarification. I know that we had discussed in -- at the SWAC meeting there was also a need from some -- some schools that had -- had reached out for some underprivileged kids that needed bikes as well and I -- my question I guess is -- is the 500 dollars attached strictly to the recycle a bicycle or if there is any remaining materials if those could be used for those bicycles for the students? Pogue: Council Woman, the 500 dollars is dedicated to the Recycle A Bicycle event on May 5th. We anticipate needing close to that amount, if not all of it. If there is extra funds available we would be purchasing bikes -- or bike locks for those bikes. So, it is just for our recycled bicycle event. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Just -- just for my personal knowledge, just -- are all these funds that you -- that you are requesting, are they coming from the Meridian community recycling fund program that you have raised yourself; right? Pogue: Correct. So, Councilman Bernt, the community recycling fund is created by revenue return from the residential recycling program over the years. So, that it represents a full site -- a full loop from when people recycle curbside, picked up, the material is sold on the market. We get back 80 percent of any revenue that goes into the fund for the purpose -- not to sit there, but to go back in the form of public projects that benefit the community in ways that enhance recycling. In this case diversion from Meridian City Council Meeting Agenda April 17, 2018 – Page 20 of 491 Meridian City Council April 3, 2018 Page 16 of 128 the landfill materials. All three of the programs we are talking about tonight that's a key purpose of them. Bernt: Thank you. De Weerd: Okay. Any further questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: And, sorry, I just am a little confused, because I thought both of those were coming forward today or -- maybe I understood something at the SWAC meeting. Is that going to come through in a different resolution and I'm just -- I guess that's why they are not combined, because I have seen the e-mails from -- requesting these bicycles that still as a community helping kids that need bikes and -- Pogue: Right. Council Women, Rachele Klein of Republic Services has developed other interests for bikes in the community of Meridian. She also has a potential for donorship of additional funds. SWAC decided for her to pursue those that -- those options and if she gets money it can go to those other opportunities. This is strictly for Recycle A Bicycle, the -- the 500 dollars requested tonight. Milam: In that case, I move that we approve Resolution No. 18-2069. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-C. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: ALL AYES. D. SWAC: DOW Chemical "Orange Bag" Program Request for Funding 1. Resolution No. 18-2071: A Resolution Of The Mayor And The City Council Of The City Of Meridian Approving A Community Recycling Fund Application For The Solid Waste Advisory Commission To Pilot A One-Year “Orange Bag Program” For 1,500 Households To Participate On A Voluntary Basis And Funding Authority In An Amount Not To Meridian City Council Meeting Agenda April 17, 2018 – Page 21 of 491 Meridian City Council April 3, 2018 Page 17 of 128 Exceed $12,000; And Providing An Effective Date. De Weerd: And lastly. Pogue: Lastly we have the proposed orange bag pilot program. SWAC has spent considerable time researching the DOW Chemical's orange bag program, as it will be implemented in Boise this spring and the Utah company's technology that will convert the collected three through seven plastics through this program into diesel fuel. This is a local opportunity to divert these materials from the landfill as three through seven plastics were deemed trash earlier this year due to changes in global markets. SWAC also looked into whether or not Meridian could participate in Boise's rollout of their program this spring and how much the cost would be. SWAC just received confirmation that Meridian can participate in Boise's program, but if the city wants to proceed Boise needs the number of kits by this Friday. Kits cost approximately eight dollars for 26 bags, which represent a year's worth of bags and Boise is requiring that the amount ordered needs to be paid prior to distribution. While SWAC considers there to be some risk to the program, including potential for additional processing and cost due to contamination or additional expense, it is still intrigued by the program and believes it would be worthwhile to launch a limited pilot here to gauge first handed -- firsthand our community's interest in the program, as well as the program conditions as they unfold, whether good or bad. Just a minute. Considering a variety of possible options for piloting a program, SWAC voted to recommend the one before you tonight. That being tonight SWAC is seeking approval of its community recycling fund application to launch a one year pilot orange bag program in Meridian to 1,500 households who would participate on a voluntary first come, first serve basis with funding authority to spend up to twelve thousand dollars from the community recycling fund to purchase the kits. Public Works staff will assist SWAC in the pilot's launch and coordinating Boise and DOW's needs to audit the program's performance throughout the upcoming year. In the event additional money is needed to support the program, SWAC will seek additional funding authority to cover the cost from the community recycling fund, provided it has the amount of funds needed. If this request is approved, along with the other approved community's recycling fund projects this year, there will be a balance of approximately 4,100 dollars. So, hopefully, there would be still sufficient funds in the fund. However, SWAC would have to request a source of alternative funding from Council if that amount is insufficient, as it's unlikely that there will be much revenue coming in to replenish the funds in the near future. With that I will stand for any questions, as I imagine you might have several. De Weerd: Thank you, Andrea. Any questions from Council? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I just want to say thank you for -- Andrea and SWAC for continuing the research, because I know we got a lot of calls and e-mails regarding the publicity with Meridian City Council Meeting Agenda April 17, 2018 – Page 22 of 491 Meridian City Council April 3, 2018 Page 18 of 128 the orange bag and so I'm real excited to see the possibility of us giving it a test drive as well. So, thank you. Pogue: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Andrea, are you or someone from SWAC going to come back and walk Council through what the SWAC's recommendation proposal is in terms of -- are we going to make our citizens pay that eight dollars if they want to participate or are they receiving the bags for free? How the city or SWAC, Republic, is going to handle our citizens, contacting them, what our plans are for the 1,501st person it has now turned away. I just want to make sure that we got a good plan in place and I recognize that the clock is ticking with our commitment to the city of Boise to participate. I'm happy that we are going to likely have the opportunity to do that, but I just want to make sure that we have got some good policies and procedures in place for our citizens for those who do want to participate. Pogue: Thank you, Councilman. The 12,000 dollar request for funding authority from the fund would cover the year's worth of bags. Households -- similar to how -- how residents are signing up for the Recycle A Bicycle program, there will be a portal for registration with previous advertisement of that opportunity, an open window to register. That's what I mean by first come, first basis to participate in the program. Hopefully, we will get 1,500 households. If we get more and they have to be turned away during this pilot year, that will be good data for SWAC to collect as an example of the level of interest in the community for this program. With regard to -- so, with regard to that registration process, we anticipate Public Works, IT, Kaycee Emery, SWAC, all working to -- to roll it out with appropriate advertising to get -- to get registration and, then, Public Works would compile the master list and we would be placing the order with Boise by this Friday. They would order the bags. We are dependent on where we are in their queue to receive those bags, but it would be some time this spring and that launch out -- I know Boise's launch is going to span eight weeks with bags rolled out to various groups of their residents over the eight week process. We will be somewhere in that, as well Garden City and Eagle. Kits and programs. So, Public Works staff will -- what we anticipate is Public Works would -- Finance will write the check. Public Works will pick up the bag kits. We are going to coordinate distribution with our volunteers in the front, so those kits will be picked up, stored here somewhere in City Hall, delivered via the volunteers who will have the master sheet and check off -- you know, there will be communication going on with the households as to when they can come pick it up. As for how the households receive instruction, what to do with the kits. That's included in the kit itself, which is covered by DOW Chemical and, then, the DOW Chemical program also includes advertising for the program, as well as, then, setting up the audit needs that they have to do to gauge the performance of the program. So, we would be -- we would be fortunate to be able to ride on Boise's program. Their roll out -- we Meridian City Council Meeting Agenda April 17, 2018 – Page 23 of 491 Meridian City Council April 3, 2018 Page 19 of 128 would just have a little bit to do up front to get to the 1,500 households, advertise that, give people a chance to sign up. I think we have sufficient staff. I think there is funds in the community recycling fund to do this. So, we have given it some thought. I just didn't want to -- and we will be reporting back periodically through the year the status with regard to how our programs are faring, so that you would be kept apprised. Cavener: Great. Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Andrea, there is -- there is still -- there is another option as well; right? So -- is it okay if I go -- Pogue: Oh, absolutely. Milam: So, DOW has a grant that we could get for 5,000 dollars if we start this pilot program with 5,000 households instead of the 1,200. Pogue: Fifteen hundred. Milam: Or 1,500. But that means there would be -- if the community recycling fund put in 12,000 and DOW gave us 5,000, there will be a 23,000 dollar deficit. So, if this group would like to pay 23,000 dollars additional we can start -- 23,000, we can start the pilot of 5,000 households instead of 1,500 with a 5,000 dollar grant from DOW and we can charge for the bags -- Pogue: So -- Milam: -- if we wanted to, you know. Pogue: Madam Mayor, Councilman. Okay. To that comment, the reason why it didn't -- SWAC did not vote for that and the reason being is that there isn't enough money in the community recycling fund. So, we are out at the 12,000. We have other uses for the money. So, it really is a 35,000 dollar cost that would need to be accountable for, either via a budget amendment or we considered costs paid for by the participating households. The problem is that we have to pay the amount of money up front when we order the kits prior to their -- prior to getting them distributed. So, it really -- I don't think it would work to charge the households, because the administrative side of that is a nightmare. MUBS doesn’t want any part of it. We have to order the kits by Friday. So, it got kind of harried really fast for SWAC to process it. We did discuss it at our meeting. We feel like actually the -- the potential risks to this program are real. We would rather have 1,500 households involved with a 12,000 dollar investment that might partially -- hopefully succeed, but could partially fail, rather than a 40 -- 35 thousand dollar investment. So, that's what I can advise you. SWAC sees risks to it. We hope Meridian City Council Meeting Agenda April 17, 2018 – Page 24 of 491 Meridian City Council April 3, 2018 Page 20 of 128 it's successful. We think, based on what we have learned a pilot program would be good stewards of the community recycling funds and advisable for the city. We get to participate firsthand by the table to get the good and the bad news, assess it for ourselves and if it looks good, maybe the next year launch it citywide, you know, in some fashion with sufficient time up front to fund it through either pass through cost to households or some other mechanism. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, you think you will have the 12,000 you need or you definitely will have the 12,000 you need? Pogue: Definitely have the 12,000 we need. It would be if there are cost overruns, which is a real possibility, it was one of the risks of the program, that if contaminated materials go inside, you know, that orange bag and it gets down to them in Utah and they can't use the material, she said if they rip open enough bags and there were problems they will charge back a rate for contamination fee, if not cancel the program. So, it really kind of depends on how well this gets rolled out and the education. That's why we want to go with a smaller number of households of super Meridian recyclers who would be probably the best most likely to read the instructions and want the program to succeed and put clean, dry materials in those orange bags that the program needs to thrive. De Weerd: Okay. Any other questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Andrea, I was trying to follow along with the question -- the discussion about doing the 5,000 bags. If I heard you correctly, SWAC doesn't have the budget to cover it if we did the 5,000. Pogue: Right. We would -- we did not vote to approve that, because, as I said, we -- we don't advise that course. So, we have opted out. Cavener: Okay. But if -- if the City Council felt it was necessary to do -- offer for 5,000, we could utilize the 12,000 dollars of the community recycling fund -- Pogue: No. Councilman Cavener is correct. You could. Cavener: Could. We could get the 5,000 dollar grant from DOW and, then, if the -- this Council so choose we could use General Fund dollars to cover the rest and, then, sell Meridian City Council Meeting Agenda April 17, 2018 – Page 25 of 491 Meridian City Council April 3, 2018 Page 21 of 128 the bags if we deemed necessary to our citizens to recoup the investment; is that accurate? Pogue: That is accurate. Cavener: Well, then, Madam Mayor, I am for one that we should make this as widely available as possible to our citizens. I'm more supportive of making it available for 5,000 for 1,500. I think we have the mechanism to do that. I also recognize that this may be a meatier discussion and we have a very lengthy agenda, but I also know that time is of the essence. So, I don't know when Council -- how Council feels about this. Again, if there is only two of us that feel that 5,000 is appropriate -- if there is more voices on this in favor or against -- usually we can answer the questions so that we can get to some of the other agenda items that has a very full audience here to participate with. As much as I think everybody's here for -- to learn more about the orange bag program, I think some of us have other issues at hand. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Andrea, it sounds like if we go with the 5,000 we would be totally on our own program, because there is no way we could get in by Friday to have all those details worked out regarding billing and everything like that. Could we do our own program at that point and be -- Pogue: No. Councilman, the Reynolds company is making a special processing run for the 13 gallon bags Boise has requested their program use. It is like a once and done special run. They are going to run it in several cycles, but they demand 5,000 bag requests per run and what Catherine Chertudi has advised me is if we were 1,500 with Eagle and Garden City, that gets to 5,000 or that the outlier cities that are picking back and luckily on Boise's program could get in on it. That doesn't mean we can't do our own 5,000, but there are funding issues related to ramping it up to 5,000 households at this time. Little Roberts: Follow up, Madam Mayor? Andrea. And at this point we have no efficient way of billing and it could take months to get that set up is my understanding. Pogue: Correct. Little Roberts: Thank you. Pogue: It would have to come through a budget amendment, which is funding like Councilman Milam recommended. Some amount you would dedicate from the community recycling fund and I would just on behalf of SWAC not want it to be zeroed out on this program because of the risks inherent in this pilot program, but some amount of it surely could be put towards a greater number of households, but, then, the Meridian City Council Meeting Agenda April 17, 2018 – Page 26 of 491 Meridian City Council April 3, 2018 Page 22 of 128 remainder would have to be paid for, because our check has to be written. So, I think that -- that would be the next recommendation that makes sense versus land payoff to somehow pay for it and, then, recoup costs from households, because you may not get 5,000 households worth of interest -- we don't know. We don't know what our community's real interest is in this program. We are hopeful we could get 1,500 super recyclers to sign up. Little Roberts: Thank you. De Weerd: Anything further from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I appreciate the presentation. I'm supportive of the resolution as presented and the recommendation as presented. Pogue: Thank you. Borton: The -- the ideas and opportunity to grow it very well may be appropriate. I don't know if we -- if we have to be the tip of the spear on that right now in light of the time frame we are confronted with. So, we may expand it going forward, but we have got a great chance to gather valuable data on its demand, where the demand is coming from, workout snafus that inevitably come up with these types of new programs and, then, expand it if necessary at the next stage, so -- Pogue: Thank you. De Weerd: Andrea, I would like to thank SWAC and staff for the hours you have put into this. There has been a lot of research, a lot of extra effort, and I hope that you will pass that onto them. Pogue: Thank you. I will, Mayor. De Weerd: Okay. Council, do I have a motion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move that we approve Resolution 18-2071 as is. Bernt: Second. Meridian City Council Meeting Agenda April 17, 2018 – Page 27 of 491 Meridian City Council April 3, 2018 Page 23 of 128 De Weerd: I have a motion and a second to approve Item 8-D, Resolution 18-2071. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. Pogue: Thank you. E. Public Works: Resolution No. 18-2066: A Resolution Updating the Average Number of Gallons Per Month for Winter Residential Water Use in the City. De Weerd: Item 8-D is under our Public Works, Resolution 18-2066. Freitag: Madam Mayor, Members of the Council, good evening. Thank you for your time tonight. I am before you with Resolution No 18-2066. This is a resolution updating the average number of gallons for our wastewater use cap. We -- our current -- current ordinance sets that number at 6,500 gallons. This resolution changes that number to 4,500 gallons. You may remember we were before you last week to update the wastewater user rate ordinance. You approved that update. This is the companion document that goes with that. So, the resolution is in your packet. We would ask for approval of that and I will stand for questions. De Weerd: Okay. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Seeing no questions, I move we approved the resolution -- Borton: I do have -- sorry. Cavener: Oh. Borton: Real quick. De Weerd: Mr. Borton. Borton: Two questions. Madam Mayor. One, you have reviewed and vetted this through with Finance as well? Meridian City Council Meeting Agenda April 17, 2018 – Page 28 of 491 Meridian City Council April 3, 2018 Page 24 of 128 Freitag: Madam Mayor, Members of the Council, Councilman Borton, we have, yes. Borton: Second. The resolution has a -- has a blank for its effective date. Freitag: We would consider that to be effective immediately -- or at least when the ordinance takes effect, because this is the resolution that that ordinance depends on, so I think the ordinance needs another reading, if I'm not mistaken. No? Okay. Effective immediately, then, Councilman, so -- Borton: Okay. Thank you. Freitag: Yeah. De Weerd: Okay. Mr. Cavener. Cavener: Madam Mayor. I move we approve Resolution No. 18-2066. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-D. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Thank you, Alex. MOTION CARRIED: ALL AYES. Freitag: Thank you. F. Public Hearing for Lasken Annexation (H-2017-0154) by Thomas H. Lasken, Located at 721 E Pine 1. Request: An Annexation and Zoning of 0.99 Acres of Land with an R-2 Zoning District De Weerd: Item 8-F is a public hearing for H-2017-0154. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. Apparently we don't have a presentation for this first item. It's a pretty small one, though. It's a request for annexation and zoning into the city. This site consists of .99 of an acre of land zoned RUT, located at 721 East Pine Avenue in the northeast quarter of Section 7, Township 3 North, Range 1 East. The Comprehensive Plan future land use map designation for this property is mixed use community. The applicant is requesting annexation and zoning of Meridian City Council Meeting Agenda April 17, 2018 – Page 29 of 491 Meridian City Council April 3, 2018 Page 25 of 128 .99 of an acre of land with an R-2 zoning district. The purpose of this annexation request is to hook up the existing home and outbuildings to city water and sewer service while Pine Avenue is being reconstructed. Staff anticipates this property will develop as part of a larger mixed use project in the future, but recommends that the zoning given to the property at this time match existing conditions which is a single family residential home. In order to redevelop in the future, this property will need to be rezoned to a commercial or higher density residential district in accord with the future land use map designation. Staff is not recommending a development agreement is required as a provision of annexation due to the size of the site and because development is not proposed at this time. The applicant is required to connect to the new sanitary sewer main line in East Pine Avenue when it becomes available. City water service is currently being provided to this property. The Commission recommended approval of the subject annexation and zoning request and Tom Lasken, the applicant, testified in favor. No one testified in opposition or commented. The only issue of discussion by the Commission was public outreach to the other Ada county parcels in the area that have the ability to have city services stubbed to their property and I understand that the Public Works Department did reach out to other properties in response to that. The Commission did not make any changes to the staff recommendation and there are no outstanding issues for Council tonight. No written testimony has been received since the Commission hearing. Staff will stand for any questions. De Weerd: Thank you, Sonya. Council, any questions? Is the applicant here this evening? Do you have anything to add? Okay. This is a public hearing. Is there any member of the public who would like to offer testimony? Council, any questions for the applicant? Thank you, sir. Any questions for staff? Okay. If there are no questions I would -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we close the public hearing on Item H-2017-0154. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-F. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve Item H-2017-0154 in accordance with the staff report as presented. Meridian City Council Meeting Agenda April 17, 2018 – Page 30 of 491 Meridian City Council April 3, 2018 Page 26 of 128 Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-F. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. G. Public Hearing for Lost Rapids (H-2018-0004) By GFI-Meridian Investments II, LLC and Brighton Investments Located at the Southwest Corner of State Highway 20-26 (Chinden Blvd.) and North Ten Mile Road 1. Request: Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on 32.83 acres of land from the Medium Density Residential (16.33 acres) and the Mixed-Use Community (16.50 acres) to Commercial; 2. Request: Annexation & zoning of 78.33 acres of land with R- 15 (39.01 acres), R-40 (6.50 acres), and C-G (32.83 acres) zoning districts; 3. Request: Preliminary Plat consisting of 1 residential building lot, 13 commercial building lots and 1 other lot for dedication of right-of-way on 36.2 acres of land in the proposed R-40 and C-G zoning districts; and 4. Request: Variance to UDC 11-3H-4B which prohibits new approaches directly accessing a state highway to allow two (2) accesses via State Highway 20-26 De Weerd: Okay. Item 8-G is a public hearing for H-2018-0004. I will, as we open this public hearing, state that there has been a large amount of testimony received in writing. I know that Council has had an opportunity to read the record and has also received a number of different inquiries via social media, in a grocery store -- we are not allowed to make comment to the applicant or to our citizens when we have an application in front of us. But all public testimony up to this point has had an opportunity to be reviewed by Council. Is there any additional information sources that maybe I haven't noted that anyone would like to acknowledge for the record? Okay. Okay. With that said, we will have staff give an overview of the application that is reviewed by Meridian City Council Meeting Agenda April 17, 2018 – Page 31 of 491 Meridian City Council April 3, 2018 Page 27 of 128 staff. We will have the applicant have a 15 minute presentation. Council, the applicant has requested to show a five minute video, if that would be okay with Council. Any objection? Cavener: Madam Mayor, just a question or clarification. Is it a 15 minute presentation, plus a five minute video? Madam Mayor? De Weerd: Mr. Cavener. Cavener: How long do we typically give applicants? De Weerd: We give ten to 15 minutes, depending on the size of the application. Cavener: Thank you. De Weerd: So, any opposition to the five minute video? Okay. And after the applicant has had that opportunity, I know there are -- I assume there are spokespersons for Bainbridge Subdivision and Spurwing. Is that correct? Is -- is there an official spokesperson for those two? They would get ten minutes to present if that is the case. No? Okay. Yes, there is. Okay. So, there is a spokesperson for -- are you with Spurwing or Bainbridge? Okay. We will -- we will ask you at that time. Maybe we can -- you guys can all assign your official spokesperson. So, I will go ahead and open this public hearing and we will start with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The applications before you tonight are a request for an amendment to the Comprehensive Plan future land use map, annexation and zoning, preliminary plat, and a variance. This site is consists of approximately 69 acres of land, zoned RUT in Ada county, located at the southwest corner of State Highway 20-26, West Chinden Boulevard and North Ten Mile Road. A little history on this site. Back in 2008 an amendment to the Comprehensive Plan future land use map was approved to change the future land use designation on the 14.57 acre piece right at the corner from medium density residential to mixed use community and that is where you see right here. The Comprehensive Plan future land use map designation is medium density residential, which consists of 52 acres of land, and mixed use community, which is 14.57 acres of land that is shown here in the top map on the left. The applicant submitted a request for an amendment to the future land use map to change the land use designation on a combined 78.33 acres of land from medium density residential, which was 61.83 acres, and the mixed use community, which is 16.5 acres, to mixed use regional. The staff report includes analysis and conditions of approval based on that request. The original request. Since the staff report was issued staff met with the applicants to discuss the recommended changes to the concept plan, which were fairly substantial in order to be consistent with the provisions contained in the Comprehensive Plan for the requested mixed use regional designation. Without these changes the proposed development plan is more consistent with the commercial designation. The applicant communicated to staff that they would prefer to develop the site consistent with the proposed concept plan without significant changes. Therefore, Meridian City Council Meeting Agenda April 17, 2018 – Page 32 of 491 Meridian City Council April 3, 2018 Page 28 of 128 both staff and the applicants agreed a commercial designation is more appropriate for the eastern portion of this site where the commercial and multi-family residential uses are proposed, which is the preliminary plat area. The remainder of the site would remain under the current medium density residential designation. The applicant submitted a letter to the city requesting this change. Staff submitted a memo to the clerk and the Commission, included in the public record containing revised conditions of approval based on their proposed change. No changes were proposed to the requested zoning or the development plan. The applicant's request for annexation and zoning of 78.33 acres of land with R-15, which is 39.01 acres; R-40, which is six and a half acres, and C-G, which is 32.83 acres zoning district is requested consistent with the existing medium density residential and proposed commercial future land use map designations. A conceptual development plan was submitted as shown that demonstrates how the property is proposed to develop with a mix of single family residential detached and attached age-qualified units on the western portion of the site at a gross density of five to eight units per acre, a very large 168,652 square foot big box retail store for Costco internal to the development. A fuel sales facility for Costco at the northeast corner of the site. Ten commercial retail office pad sites adjacent to the state highway and Ten Mile Road and a multi-family residential development consisting of 109 townhome and garden style units in nine structures at a gross density of 18 to 24 units per acre south of the Costco site adjacent to Lost Rapids Drive. It will contain a clubhouse and swimming pool. That is a colored version of that plan. Conceptual building elevations, photos and renderings, were submitted that demonstrate the general style of development proposed for this site. These are the multi-family and the townhome style units and these are the -- the single family attached and detached at the left-hand corner there are proposed on the western portion of the site and the other ones are commercial pad site elevations and the Costco. So, all structures on the site, except for the single family residential detached, are required to comply with the design standards in architectural standards manual. A preliminary plat is proposed consisting of one residential building lot, 13 commercial building lots, and one other lot for dedication of right of way on 36.2 acres of land in the proposed R-40 and C-G zoning districts. The applicant requests that they be allowed two building permits for the construction of the Costco store and fuel sales facility prior to recordation of the subdivision plat. The Commission recommended approval of this request since they do have two legal buildable parcels. Access is proposed via one access from North Ten Mile Road, an arterial street, between Lost Rapids and Chinden Boulevard. Two accesses via US 20-26, Chinden Boulevard, a state highway, and two accesses via Lost Rapids Drive, a collector street. New approaches directly accessing a state highway are prohibited. The applicant is requesting a variance to this standard. Idaho Transportation Department sent a letter to the city stating that they will approve the proposed accesses via the state highway with the improvements in spacing outlined in the letter. The applicant's narrative states that primary service access for Costco delivery trucks and other local vendors will be from the driveway access via Ten Mile Road. A driveway via Lost Rapids Drive is also available when accessed via the traffic signal at Ten Mile and Lost Rapids is needed. A self-imposed restriction is proposed by the applicant for a no through truck traffic sign to be installed between the Tree Farm Way intersection and the Lost Rapids Drive service driveway access. Improvements to Meridian City Council Meeting Agenda April 17, 2018 – Page 33 of 491 Meridian City Council April 3, 2018 Page 29 of 128 State Highway 20-26, Chinden Boulevard, and Ten Mile Road, are planned as follows -- and those are kind of shown here on a little diagram. Phase one, Chinden, is to be widened to four lanes with signal intersection upgrades from Tree Farm to Linder. That's one and a half miles. Ten Mile widened to four lanes from Chinden to Walmart, .8 of a mile, and signals at Black Cat Road and Lost Rapids Drive prior to Costco opening. Phase two improvements are proposed to consist of Chinden widened to four lanes from Tree Farm to State Highway 16, 1.44 miles within two years of Costco opening. In addition, Costco and the other commercial uses and residential units will pay impact fees in excess of two million dollars to ACHD for local street improvements. The ACHD commission requested that council require Chinden to be widened to four lanes from Tree Farm to State Highway 16 at the same time as the improvements proposed with phase one. If Council approves this request by ACHD this would require modification to development agreement provision number 1.1.B.16. The street section shown on the plat depicts Chinden widen to four travel lanes, with two turn lanes within 140 feet of right of way and North Ten Mile Road widened to five lanes. ITD's letter states at the western most access via US 20-26, which is 1,160 feet west of the Chinden-Ten Mile intersection, will be allowed as a temporary right-in, right-out, left-in, until such time as the highway is widened to three lanes in the eastbound direction and if not before it will be limited to right-in, right-out. A 550 foot long decel lane will be required. The driveway nearest the intersection, which is 545 feet east of the previous access and 615 feet west of the intersection will be allowed as a right-in, right-out. A 550 foot long decel lane, including taper, is required. However, due to the distance restriction between accesses ITD may allow for a ten percent decrease of the standard requirement. The multi-family residential development will require approval of a conditional use permit in the R-40 zoning district. The Commission did recommend approval of this application at their hearing on March 1st. There were several people that testified in favor and in opposition. They are all listed in your Commission recommendation to City Council report. And I will go ahead and go through the key issues of the public testimony just real quick. The first item was -- in favor of the Costco in this location, an opinion that they are a good neighbor and will provide great economic opportunities for the city and good paying jobs for area residents. Negative impact of Costco on quality of life, for instance, noise created from delivery trucks, idling of engines at the fuel facility, hours of operation, increased density and intensity of land use for area residents. Concern related to traffic impacts from the proposed development and access restrictions from the state highway and already heavy traffic on the State Highway 20-26. Access constrained location with inadequate ingress- egress access points, unsafe pedestrian connections within the proposed development, and lack of safe access for the Keith Bird Legacy Park. Increased noise. Rooftop ventilation systems. Power equipment used to maintain the property. Mechanical equipment. Loading and unloading delivery trucks. Backup beepers. Generators and refrigeration equipment and air pollution from the site. Excessive lighting generated from the site resulting in increased night sky light pollution. Generation of hazardous materials, such as petroleum and contaminants from brake and tire wear, which leads to runoff into groundwater. Large impermeable surfaces of the parking lots. Incompatible architecture of the industrial sized building and adjacent strip malls to the existing neighborhoods. Against proposed changes to Comprehensive Plan future land use Meridian City Council Meeting Agenda April 17, 2018 – Page 34 of 491 Meridian City Council April 3, 2018 Page 30 of 128 map for medium density residential. Positive impact to the local economy from having Costco locate here will also generate businesses for other retailers, restaurants, services in the area and will contribute to the balance and what is available for shopping and employment in Meridian. Provision of much needed infrastructure in this area with the approval of this development without having to wait for funding of these improvements. Road widening intersection improvements, et cetera. An opinion that this site isn't a good fit for Costco. Preference for it to be located at the State Highway 16-Chinden intersection to the west instead of this property. Key issues of discussion by the Commission are as follows: The applicants request to change their request for an amendment to the future land use map from all mixed use regional to the eastern 32.83 acres of the site as commercial and the remaining area staying medium density residential as is currently. Traffic impact from the proposed development on adjacent streets and State Highway 20-26. Impact on quality of life for area residents. The location of the fuel facility and staff's recommendation for it to be shifted from the corner. Feeling that the size of buildings allowed in the current mixed use community designation, i.e., 30,000 square feet, is a big jump to the proposed commercial designation, which has no size restrictions, which will allow the proposed 168,652 square foot building. Made some changes to the staff recommendation. They approved staff's -- staff's recommended changes to the conditions of approval in Exhibit B as noted in the memo to Mayor and Council from staff dated March 1st, 2018, and they removed condition number 1-B, which required the fuel facility to be shifted off the corner to the south. Outstanding issues for Council. Staff requests provisions and associated exhibits are added to the development agreement that required development to comply with the Costco site lighting exhibit is included as an exhibit in the DA provision and modification to development agreement provision number 1.1B-16 to require the widening of State Highway 20-26 to four lanes from Tree Farm to State Highway 16 with the first phase of development, rather than the second phase if Council deems appropriate concurrent with ACHD's recommendation. There have been many letters of testimony for and against this project that have been received by the city since the Commission hearing and you can see the public record for a complete record of those. Staff will stand for any questions. De Weerd: Council, any questions for staff at this time? Okay. Is the applicant -- if you will, please, state your name and address for the record. Wardle: Yes. Madam Mayor, just before we go official, Jonathan is handing out a list of the applicant representatives that are here this evening to answer questions in due course and I just wanted to be certain that you received earlier the applicant's submittal that includes some requested changes or modifications of the conditions of approval. I believe you have all of that information and with that, Madam Mayor, officially for the record Mike Wardle, 12601 West Explorer Drive in Boise and we will not take 20 minutes this evening. I want to commend Sonya. She's given our presentation quite thoroughly, but I just want to run through some of those items just to be certain that we are clear. Obviously, the site -- the plan, with 58 percent residential and 42 percent commercial. The Comprehensive Plan changes that Sonya has noted, instead of the complete modification of the entire site to mixed use regional, we did prior to the P&Z Meridian City Council Meeting Agenda April 17, 2018 – Page 35 of 491 Meridian City Council April 3, 2018 Page 31 of 128 Commission hearing modify that to maintain the medium density residential to the west, commercial to the east and the Planning and Zoning Commission considered that modification and recommended approval. Just a couple of comments about the future land use map. As adopted -- and the upper graphic shows the August 2002 plan that has literally a hundred acre bullseye on Bainbridge encompassing half of the site proposed in this application as mixed use regional in anticipation of major commercial and intense uses. There have been seven site specific map modifications since then on that -- in the north Meridian area, including mixed use commercial -- mixed use community designation to the 15 acres site Sonya noted within the proposed project area as approved by the Council in October 2008. Previous councils have modified the Comprehensive Plan map for the proposed project area on three prior occasions. As noted, the mixed use regional, one iteration with no mixed use designation and most recently with the mixed use community. In each and every case there were no site specific proposals to address. Now there is. And while this request represents a change, the Council has the opportunity to determine if the proposed project is appropriate at the intersection of a major state highway and a five lane arterial and, if so, to modify the plan as it has done on numerous occasions before. The second application before the Council this evening is the annexation and zoning and as noted the R-15, with a proposed range of density of five to eight units per acre. The R-40 with a maximum number of 24 units per acre by development agreement to that limit would be established and the remainder of the site being C-G commercial. Because of the diversity of the project we have proposed three separate development agreements. One for the Bainbridge North portion, one for the multi-family, a third for the commercial. The Planning and Zoning Commission reviewed and approved or made a recommendation for approval to the Council for annexation and zoning as proposed. The third application is the preliminary plat and as noted there is one multi-family parcel within that plat, three Costco parcels and ten future pad sites. The multi-family will require a conditional use permit in the future with neighborhood meetings and hearings. All commercial uses, including Costco, will go through the certificate of zoning compliance and design review process. The Planning and Zoning Commission recommended approval of the preliminary plat and the Ada County Highway District commission approved the preliminary plat on February 28th. There is one clarification I would like to make to Sonya's staff report. The ACHD commission encouraged completion of the entire project within the initial construction to be coincident with the completion of Costco or the opening of Costco, but it was a suggestion of Commissioner Woods, it was not a part of their staff report, it was not a requirement, it was a suggestion. Obviously, that's the hope that can occur, much of which is subject to the Idaho Transportation Department's ability to secure the right of way for the area to the west. The final application is a Council consideration item only. The UDC allows the Council to modify access standards by variance based on ITD recommendations. ITD has approved the proposed 20-26 accesses as noted and they did so in October of last year. The City Council has exercised its discretion and approved similar requests on state highways within your jurisdiction numerous times before. Without those access points there would be a significant impact on Lost Rapids and that is a primary neighborhood concern. In the Council -- or Commission discussion they noted that staff had recommended that -- that we prioritize and encourage access from Ten Mile and Meridian City Council Meeting Agenda April 17, 2018 – Page 36 of 491 Meridian City Council April 3, 2018 Page 32 of 128 Lost Rapids, rather than the state facility. The Commission considered that recommendation, but did not agree. Buffering will address many of the immediate neighborhood concerns. The most significant buffer is the highway system. State Highway 20-26, now three lanes, will soon be five, ultimately seven. Ten Mile, a two lane roadway, will soon be five. Lost Rapids, a collector with two travel lanes and two bike lanes, was constructed by Brighton up front as a backage road in anticipation of the more intense uses to the north. None of these three roadways are local neighborhood streets. They function to carry traffic from, through, and beyond the neighborhoods. Landscape buffers will be significant, particularly heavy to the south and west of Costco between the uses and along the roadway system and, finally, perhaps most significant will be the buffers provided by the buildings surrounding the Costco itself. The residential to the west and to the south of Costco will provide the most immediate buffer and absorb much of the commercial impact for the adjacent neighborhoods. The inward facing commercial pads on Chinden and Ten Mile will also visually buffer the Costco site. The seven renderings that follow illustrate the views from the streets after the completion of multi-family and commercial phases of this project. The first northerly from just east of Keith Bird Park to the two story townhome style apartments north of Lost Rapids, through the gap to Costco in the background. The second is the Lost Rapids entrance to the multi-family project. Third is northerly at the commercial access from Lost Rapids between the multi-family to the left and the commercial pads, which are unseen to the right. From the intersection of Lost Rapids and Ten Mile. Westerly from Ten Mile just south of the fueling station and north of the commercial pads adjacent to Ten Mile Road. Southwesterly from the intersection of Chinden and Ten Mile with the fueling station in the foreground and, finally, looking southeast from the west Chinden entrance, the commercial pads in the foreground and Costco in the distance. Perhaps the most often asked question in this process has been why here. Why not at Highway 16 or at I-84? The answers are spacing and service area with north-south freeway access. In addition, this particular site at the intersection of Ten Mile and Chinden disperses the traffic in a way that cannot be dispersed at Highway 16. There are three ways, west, east and south, with the traffic 40 percent of which would go eastbound, 40 percent south, 20 percent west. The highway situation at -- at Highway 16 is that there is no access to 16 itself, meaning that all traffic would go east- west from the site with the bulk of that traffic, 80 percent of it, headed to the east from that location. Staff had initially recommended that the fueling station be moved off the corner, but following discussion with the Planning and Zoning Commission and Costco representatives, who are here this evening and can elaborate further, the Commission concluded that it was best to leave the fueling station at the corner for site traffic flow and separation of the movements on site. The buildings, including Costco and all other commercial buildings, will be subject to design review in the future as they go in for building permit applications or prior to building permit applications. Costco has limited hours. It is not an all night operation. Even the lighting, which is designed to be contained on site, is reduced after closing. There are time and access restrictions on deliveries and there will be many good paying jobs provided to the community. Transportation phasing as noted by Sonya has been approved by the traffic impact study, reviewed and approved by both ITD and ACHD, including the widening, points of access, and the timing of those improvements. By the opening of Costco Chinden will Meridian City Council Meeting Agenda April 17, 2018 – Page 37 of 491 Meridian City Council April 3, 2018 Page 33 of 128 have two additional lanes between Tree Farm and Linder. The existing signals and intersections at Tree Farm, Ten Mile and Long Lake will be upgraded. There will be two new signals, one at Chinden and Black Cat, one at Ten Mile and Lost Rapids and Ten Mile will be widened to four lanes south to Walmart and within two years, then, the noted improvements with two additional lanes to State Highway 16. These improvements are noted graphically with the -- by opening within the black brackets, including the signal at Black Cat and within two years to Highway 16. Costco will up front 15 million dollars for these transportation improvements through a STAR agreement with ITD and ACHD. In addition, there will be significant ACHD impact fee contributions by all of the commercial and residential uses, in addition to the property tax generated -- property taxes generated for the community directly. The anticipated schedule is -- the agreements will be completed this year with design and right of way and construction to occur coincident with the opening of Costco in 2020. The STAR program, which you have seen information that suggests that this is really not a good reason to approve the project, but the STAR program is a tool to enable private sector funding to initiate and expedite needed, overdue and unfunded transportation improvements. The final graphic in my presentation addresses one concern that has been expressed by the neighborhoods about how the traffic will move westbound and I would note that 20 percent of the traffic leaving the site would have a westbound direction. Obviously, there are five routes available, but I would note -- and these will be shown in the traffic simulation which will follow, that there is a right-out, U-turn movement that is protected on Chinden that enables traffic to move to the west without going to Lost Rapids. I'm going to turn the time now over to Andy Daleiden of Kittelson & Associates to show and narrate the traffic simulation and, then, I might have some concluding comments before we complete our presentation and stand for questions. De Weerd: Mr. Wardle, is this the five minute video that we were asked to do? Wardle: Yes, ma'am. De Weerd: So, you would have one minute to wrap up following that. Wardle: Thank you. Daleiden: Good evening, Madam Mayor and Members of the Council. My name is Andy Daleiden and I'm a principal engineer with Kittelson & Associates at 101 South Capital Boulevard, Suite 301, Boise, Idaho. 83702. De Weerd: Thank you. Daleiden: We prepared the transportation impact study for the proposed development that has been approved by Ada County Highway District and the Idaho Transportation Department, as well as a video for tonight's -- video simulation for tonight's hearing. The traffic volumes shown in the video represent the year 2024 full build out conditions of -- of the development during the weekday p.m. peak hour. So, this is the busiest time on the transportation system, you know, when you're looking at it and, then, it includes Meridian City Council Meeting Agenda April 17, 2018 – Page 38 of 491 Meridian City Council April 3, 2018 Page 34 of 128 the full buildout conditions of the development. The video will begin with an overview of the proposed roadway widening on Ten Mile Road and Chinden Boulevard. Both roadways will be widened to four travel lanes with a center turn lane median with this project. Additionally, the video will show the access locations for the proposed development. So, the video is going to start northbound on Ten Mile Road from McMillan Road. It's going to travel on Ten Mile Road. You will see the widening that will occur just north of Milano Drive, which includes a northbound and southbound additional through lane. It shows the new traffic signal at Lost Rapids Drive, as well as the full access that's provided for the proposed development on Ten Mile. As we come up to Chinden Boulevard you have two northbound left turns and now we are going to travel westbound on Chinden. The improvements that are shown indicate both a westbound through lane and an eastbound through lane. We will have a signal modification at Tree Farm Way and, then, as you approach Black Cat Road you will see the new traffic signal and turn lane improvements that would be provided at that intersection. Additionally, as we approach State Highway 16, the improvements proposed would match in with the existing five lane section that's currently in place just east -- east of the State Highway 16 intersection. We are going to turn around and head eastbound and this is going to take you all the way to Linder Road. One of the things you will see with the roadway widening is the roadway segments and study intersections meet both ACHD and ITD level service requirements at full build out of the development. Additionally, several of the intersections along the corridor, as well as on Ten Mile, will operate at level of service B. Other improvements include the traffic signal modification at Tree Farm Way. There will be a traffic signal modification at Ten Mile Road and Chinden and, then, also a signal modification at Long Lake Way. All of those are signal modifications due to the additional through lane that would be provided in the eastbound and westbound and the need to move some of the signal equipment. We approach Linder Road where -- where the improvement would match into the existing five lane section just as you get to the signalized intersection and now we are heading westbound going back to where the proposed development is on Chinden. As we approach the intersection of Ten Mile Road you will see that we will have a pause here and be looking in the southwest direction. At this location one of the things to point out is the west -- the U-turn maneuver that the green vehicle just made. That's one of the things that Mike was alluding to and one of the options that vehicles leaving the site have departing the -- the two right-in, right-outs -- right-in, right-out, left-in on Chinden. Additionally, the intersection of Ten Mile and Chinden has two sets of turn lane improvements, the additional northbound left turn and an additional westbound left turn and we will follow the westbound left turns that are operating right now as they turn onto Ten Mile. As we traverse and head south on Ten Mile Road the outside lane you will see the right -- the vehicles begin to use the right turn deceleration lane and access the full access and go into the proposed development. At the traffic signal, the new signal at Lost Rapids Drive and Ten Mile, there is additional turn lane improvements, a southbound right turn, as well as turn lane improvements on the west approach. The intersection here operates at level service B at full build out of the development and there is adequate storage between that signal and the proposed access on Lost Rapids to be able to manage anticipated vehicle queues. Traversing westbound on Lost Rapids Drive now, you will see the public streets, as well as the proposed access Meridian City Council Meeting Agenda April 17, 2018 – Page 39 of 491 Meridian City Council April 3, 2018 Page 35 of 128 points. On this roadway the traffic volumes are representative of a collector roadway and meet Ada County Highway District requirements. The two way volume is approximately 320 vehicles anticipated during the weekday p.m. peak hour under full build out. This is approximately 40 percent of the available capacity of that roadway under ACHD requirements. We are now at Tree Farm W ay. This -- this signal is projected to operate again at level of service B at full build out and overall the video and Chinden Boulevard with this proposed project includes a significant infrastructure investment on Chinden and Ten Mile that provides acceptable traffic operations at full build out of the development and additional capacity for future growth for the city. Thank you. De Weerd: Thank you. Wardle: Madam Mayor, Council Members, Mike Wardle once again. All I simply ask is for your concurrence with the recommendations of approval that you have received from the Planning and Zoning Commission for the Comprehensive Plan map amendment, for the annexation and zoning and for the preliminary plat and that you affirmatively approve the variance for the access points on Chinden Boulevard, Highway 20-26. With that those that are listed on our applicant's representative's list are here available to answer any questions that you may have. Thank you. De Weerd: Thank you. Council, any questions at this time? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I do have questions for Andy if I could. And if -- if you can pull up the video that you just showed and just pause it at 3:10, that will be a good exhibit to walk through the question. Right there is good. Daleiden: Do you want us to pause that? Borton: Yeah. Pause. Daleiden: Go back a little bit? Borton: Yeah. If you could back up just a bit. Sorry. Right -- yeah. There is fine. All right. Madam Mayor. So, one of the things, amidst all of the information, speaks to the -- the access right off Chinden, the right-in, right-out and the -- the two access, the right- in, right-out, left-in, and safety concerns, obviously, the applicant has and you all have to try and make sure this thing could operate successfully and -- and one of the things that cause some concern -- and this illustrates some of it -- is there -- as I understand it, there is two proposed accesses, the closest one, right-in, right-out, would be -- there is a little bit of math here. There is 615 feet from the intersection is your first right-in, right- out and, then, the second, which is depicted here and, then, the second right-in, right- Meridian City Council Meeting Agenda April 17, 2018 – Page 40 of 491 Meridian City Council April 3, 2018 Page 36 of 128 out, which also has a temporary left-in component, is 1,160 feet from the intersection and there was reference in the staff report in ITD's materials that the distance between those two access points, which should be at a minimum of 550 feet, they are okay if it's reduced somewhat to 545 feet. Do I have that right so far? Okay. Daleiden: Generally, yes. Borton: Okay. Well, I'm -- I'm taking the numbers from the -- from the materials. Here is kind of what I'm getting at is some of the concern is there is a deceleration and stacking requirements and I went and looked at the exhibits from the ITD policy manual that's referenced in their letter and you have got -- hopefully this is a corridor, unlike Eagle Road, that is preserved to be 55 and it's truly a high speed expressway that -- that these decelerations heading eastbound on Chinden, they are minimum or a little less than a minimum necessary, according to the manual, for a safe decel and turn in and as I looked through the application and those distances and I see on this exhibit a safety concern, which is where the question is, how does this properly address somebody, for example, in this easternmost right-in, right-out that's depicted here -- if you have someone exiting -- turning right onto Chinden trying to get into the lane of travel -- actually, it's more of an issue on the -- on the further west one, you have got someone turning right onto Chinden trying to get to the lane of travel and you have somebody coming eastbound on Chinden trying to duck into a somewhat truncated deceleration lane and there appears to be conflicts that might be kind of -- they are worse off because of the high speed of the corridor. So, I kind of wanted to get your sense from the -- the transportation planning perspective on how we shouldn't be more concerned that in light of the high speed of Chinden that deceleration lane could cause a safety concern and conflict with traffic. It's kind of a long question, but that's kind of why the math seemed to make sense as part of it to get some comfort on why those smaller distances still might be appropriate here. Daleiden: Madam Mayor, Members of the Council, the -- so, first maybe just on the access spacing and the comment raised associated from Idaho Transportation Department. So, one of the things is just the access location, that first right-in, right-out, that -- so, that would be the eastern access. The -- that distance in there, one of the questions with ITD that we were going through was is there adequate distance there to provide a deceleration lane and, then, the storage associated with the right turn at the signal and -- and from what we were looking at there is -- from a queuing standpoint and the operations, that there is -- there is adequate storage to be able to provide that and that it was critical -- one of the things was to be able to start the -- the taper from either that -- from that eastern most right-in, right-out past the intersection, so that you don't end up with a just full auxiliary lane in that area where folks would -- so, if I use the -- if you're able to see the cursor -- being able to start the taper past this intersection, so that we are not having, basically, a continuous right turn lane for folks to come in and out of that area. It was something that was -- that was discussed, but that can create just some additional friction in that area. So, what we were looking at is starting -- being able to start that taper at this point just past the intersection, being able to provide that and, then, the storage necessary for the right turn at the signal. Under that condition Meridian City Council Meeting Agenda April 17, 2018 – Page 41 of 491 Meridian City Council April 3, 2018 Page 37 of 128 the signal is really -- yeah, the vehicles are coming to -- can come to a stop depending on what the signal is doing, whether it's green or if it's red, and so we want to make sure that we are accommodating for adequate deceleration there and we were. So, once you got past to these locations, the right-in, right-out here and to your -- to your comment, we are looking at the same element of providing that -- that taper just passed the right-in, right-outs. So, that conflict element that you're alluding to, the potential is the eastbound through vehicle that wants to turn right, they are going to be past the point of this access before they are actually moving over into the outside lane into that taper to be able to decel and come in. So, that's -- that is -- is the component with the design and, then, similar as we get to the -- the western most access, the right-in, right- out, left-in, we would be doing the same -- same component and that would have the taper and there isn't a driveway nearby where -- where you specifically maybe have that decision point that occurs. This is -- this is a very common kind of design when you're looking at right-in, right-outs and there would be more concern if we were talking about -- if someone was trying to turn left out of these and the potential conflicts. So, we reduced that by being able to provide the deceleration lane just past the -- the start of the deceleration lane just past the accesses for vehicles to be able to slow down and, then, make the maneuver either at the signal or same thing at -- at the right-in, right-out access. Borton: Madam Mayor. Just one follow up. And this is very helpful to understand. That safety concern is a big deal. When you look at those two accesses, the right-in, right-outs, according to the data that we have got, the distance between those two is 545 feet and you have got a decel of 370 feet and, then, you have got a taper, which, basically, takes the remainder of it and so it doesn't -- at least the math doesn't look quite like what it would look like here. The math gave me some concern that once you cross and pass that western most right-in, right-out, the taper begins within a matter of feet, turn -- you know, tapering right into that decel. It's -- they are just so close and if that's common, that's helpful to know, but it just seemed like it was so close that at that speed, as soon as someone leaves that right-in, right-out, you have got a taper where there might be conflicts. Daleiden: Madam Mayor, Members of the Council, so the conflict that you're talking about is a right turn vehicle coming out and a right turn coming in -- Borton: Yeah. Daleiden: -- the right turn, so that right turn vehicle coming out will be turning in -- we will be looking at the vehicle coming towards them. So, that's heading in -- that's heading eastbound in that through lane and so once it gets to this point that right turn vehicle -- the vehicle going through and turning into the taper, it will have already gone -- gone past. So, they really -- the conflict that they are looking at, they are judging a vehicle coming in that -- that outside through lane and seeing if there is a gap and if there is a gap, then, they will take that and be -- turn in front of that vehicle, but if there isn't -- if that vehicle is coming and there isn't a gap, they are just going to -- they are controlled, they are stopped, they are just waiting for that gap. So, the conflict that -- Meridian City Council Meeting Agenda April 17, 2018 – Page 42 of 491 Meridian City Council April 3, 2018 Page 38 of 128 that is -- that potential conflict is really more of an aspect between just a normal right turn vehicle and that vehicle trying to find a gap in the through traffic and it's -- that's the conflict because of the -- the lane is -- is occurring and that taper is occurring downstream. If -- if we had the outside lane and started it in advance and continued that as an auxiliary, then, that lane now becomes that outside lane -- the right turn -- that potential right turn vehicle could be coming and approaching that right-in, right-out and the right turn vehicle would have to determine are they turning right into that first driveway or are they continuing straight and that's the importance of providing that taper, you will pass the intersection, so you reduce that -- that potential conflict and there are locations in the Treasure Valley that have that kind of continuous auxiliary and that's something that, you know, we are -- our proposal does not include that continuous auxiliary lane. Borton: Okay. That's helpful. Thank you very much. De Weerd: Any further questions at this time? Okay. Thank you. This starts the public process. I had asked if there was a spokesperson. And, Mr. Rock, if I can ask you how many people you represent and if you would raise your hands. Rock: Madam Mayor, Council Members, I'm just here to kind of introduce how we are going to present tonight. There is going to be one spokesperson here that's representing eight or ten people and they will show their hands and I'm just going to kind of kick it off as the first presenter. Is that okay -- appropriate? De Weerd: As part of the ten minutes? And it's only eight or ten -- Rock: No. I'm only going to take a three minute presentation. There is one person that's here representing a group of people that will speak for ten minutes. I think most of the rest of us are going to be speaking for like three minutes. De Weerd: Okay. So -- Rock: As a point of clarification. De Weerd: So, the spokesperson is not speaking on behalf of the entire group? Rock: The spokesperson is not going to present -- is not going to be speaking on behalf of the homeowners of Bainbridge. They are going to be speaking on behalf of another organization. Does that make sense? De Weerd: No. I'm not tracking you. Okay. So, the spokesperson represents a group of -- of homeowners. Rock: There is a spokesperson here tonight that's going to speak for ten minutes on behalf of -- could somebody tell me the name of it, because -- I think it's the North Meridian -- Meridian City Council Meeting Agenda April 17, 2018 – Page 43 of 491 Meridian City Council April 3, 2018 Page 39 of 128 De Weerd: North Meridian -- Rock: -- Water Quality Coalition. De Weerd: And -- Rock: The rest of us are going to be speaking individually. De Weerd: So, he's not speaking on behalf of a group, because the whole group is also going to take their three minutes? Rock: He's -- he's speaking on behalf of a group that I think is represented here. Correct? De Weerd: Is there -- so, what we wanted to do up front, because we do have a sign- up sheet, is to ask if there are -- if there is -- we have two subdivisions, Bainbridge and Spurwing Greens -- if there are spokespeople specifically speaking on behalf of the neighbors. Carroll: Madam Mayor, my name is Andrea Carroll. I'm one of the attorneys who will be speaking later on in the presentation. I think that the miscommunication or sort of issue is that there is actually a conflict of interest between the developer and one of the HOAs and in order to be able to streamline what you have agreed as a group, that there will be one ten minute speaker, that person has a group of people who are waiving their time, but they are not officially representing an HOA, in part because the developer, who is part of the application, has a conflict of interest with one of the HOAs at issue. So, I think if we just move along we are going to have a single three minute presentation, the second presenter will be speaking for ten minutes and everyone else will be speaking for three minutes period. De Weerd: So, the spokesperson is not taking other people's time then? Carroll: He is. He is. And the people who he is taking their time will raise their hand at the time that he's speaking. It's Bob Neufeld, who is the second speaker on the list. So, there is a waiver of time, but it's not on behalf of the homeowners association, because there is not -- there is not an ability in this case, because of the conflict, to have a homeowners association representing the coalition of individuals who are against this development. De Weerd: Okay. But we really -- so, Mr. Neufeld can start -- we want to have the spokespeople to -- to kick it off, but Mr. Rock needs to kick it off with your three minutes and, then, Mr. Neufeld. Rock: Sure. If that will work for you. Meridian City Council Meeting Agenda April 17, 2018 – Page 44 of 491 Meridian City Council April 3, 2018 Page 40 of 128 De Weerd: It will. Mr. Neufeld, we will have Mr. Rock -- Mr. Neufeld. Oh. We will have Mr. Rock speak first and, then, I will have you come up and, then, we will go through the list. Neufeld: Thank you very much. Rock: Okay. I will try to make it a fast three minutes. If you want to give me control I can -- with the arrows. Okay. Madam Mayor, Council Members, my name is Bob Rock. I live in Bainbridge Subdivision. De Weerd: And your address, please. Rock: My address is 4090 West Lost Rapids Drive. De Weerd: Thank you. Rock: So, I will try to make this as brief as possible. De Weerd: It's three minutes. Rock: Three minutes. Yes, ma'am. Okay. So, first of all, we are neighbors support -- or neighbors supporting neighbors here and I make that point, because we are members officially of a homeowners association, but that homeowners association really doesn't represent us, because that homeowners association is owned by Brighton. So, we pay a quarter of a million dollars in that neighborhood to the homeowners association that's really not representing us. That's why we are here making a case for ourselves tonight. I also want to point out that Costco -- I don't mean this will be negative, but Costco is not a community partner. They are not contributing directly to the City of Meridian like other business owners are. Those that are most affected in this whole deal are the ones that are least represented. That's why we are here tonight. So, we are depending on our leaders to step up and look out for our best interest. That's why we are here. This is a photograph here of the Nampa Costco. See all the residential areas around that Costco? Of course not, because there aren't any. What we have here is just the opposite. We have a neighborhood, a lot of residents that are already settling -- or are already settled in the neighborhood and, then, we are going to plop this gigantic Costco warehouse right in the middle of our neighborhood. Of all the discussions and all the hearings we have had so far that's never mentioned. We are never even talked about. Pedestrian fatalities, pedestrian injuries, are on the increase all the time. These are national statistics and I'm sure they are getting worse. In 2012 right here in our own neighborhood, Lochsa Falls, there was a 12 year old or a ten -- ten year old boy that was killed in the subdivision riding his bicycle and there weren't even any bike paths in that neighborhood. A lot of us remember that. And we don't want that to happen again. We are all homeowners that are concerned about some of the safety issues. We have two parks within walking distance right now in our neighborhood. We have weekend sporting events that already are completely filling the parking lots of those -- of those parks without even taking into account the residents that Meridian City Council Meeting Agenda April 17, 2018 – Page 45 of 491 Meridian City Council April 3, 2018 Page 41 of 128 are going to show up to watch those events. Lost Rapids is already too narrow and I got to tell you that simulation -- that's not a simulation. I have worked with, I have developed, I have tested, I have trained on simulators, that thing doesn't even come close to show what the traffic patterns look like right now, much less what they are going to look like when they are fully loaded. The graphic of Lost Rapids Road -- to go travel down that road right now, if I put two trucks side by side you can't open the doors, that road is that narrow already. Bike paths make it even narrower. No parking signs. We all know if you drive by Settlers Park during a ball game people totally ignore no parking signs and there is no crosswalks anywhere near our neighborhood. If you -- the other thing that's not taken in consideration -- there are at least three paths through our neighborhood with only two stop signs between Black Cat and Lost Rapids. I guarantee you that people are going to use that as an access to this Costco development, because if you turn on your GPS right now and drive anywhere in Meridian you're going to be taken right through a -- right through the subdivision. De Weerd: Mr. Rock, could you, please, summarize. Rock: Yeah. I will summarize. De Weerd: Thank you. Rock: Other speakers are going to get up here and talk about some of the other hazards that are -- that are -- that I was going to say, but I don't have the time and this is what I want to avoid. I just want to drive home the point that we are homeowners and we have children, those children have free access to the parks that we have right now. This development is going to -- is going to make that almost impossible. Thank you. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor -- De Weerd: Mr. Rock. No. So, please, don't do that. We want to respect all of our -- our speakers and we ask that you hold your applause. Mr. Palmer. Palmer: Madam Mayor. Mr. Rock, as opposed to the proposed development, what would you like to see done instead? Rock: What we would like to see, number one, is we are not opposed to a development. We are not opposed to the retail development spaces. We just don't think it's appropriate to have a warehouse the size of Costco where it's going to be located right now. When you look at the impact that it's going to have on this -- on the subdivision -- that hasn't even been discussed. Not once has Costco, not once has Meridian City Council Meeting Agenda April 17, 2018 – Page 46 of 491 Meridian City Council April 3, 2018 Page 42 of 128 Brighton come to the homeowners and said how is this going to impact you, what can we do to provide safety for the residents that already live there and it's kind of a slap in the face when we pay homeowners dues to that same organization. It's never even been taken into consideration. Palmer: Madam Mayor? A follow up. Mr. Rock, as to that point, they did mention that they were trying to steer traffic away from the subdivision by having those two entrances and kind of -- the point that Mr. Borton brought up maybe I want to kind of ask a couple of citizens and anybody that might testify what you thought of those, if you feel like that might be something that you would like to remain in there, because it's that -- that Council does have a stand and my concern with it is -- is that the future development of it being into seven lanes -- we have seen on Eagle Road where ITD shut down the left turn lane into The Village, so I don't know how far the seven lanes would extend, but I'm curious whether -- whether having additional -- being so close to Chinden and have -- you probably travel it more than I do. I live in south Meridian. Would you prefer to -- to see those kinds of exits to try to push traffic onto Chinden or avoid those to make -- to have less entrances on Chinden, but have -- have them to try to keep traffic away from the subdivision or get rid of them, because you don't want -- want less access on Chinden. Rock: I have lived in Meridian for years and we -- I have all -- we have all seen what --- what really happens when roads get widened and improved and how long it really takes. I think if -- if the City of Meridian would just stick to the comprehensive plan and put the infrastructure in first and, then, build the -- the outlets that we are talking about -- it's still not going to be perfect, but I think it would be more acceptable. Move Costco to the west. You know, I hear a lot of, well, we can't do that because this is, but yet it's okay to build it now, because it will be two years from now. I mean we are talking apples and oranges there. I think there is a lot of solutions. Nobody ever asked the homeowners. And I heard one of the Planning and Zoning Commissioners, when asked at the last meeting -- one of the Planning and Zoning Commissioners actually asked the question who was there first. We were there first. Never was Costco mentioned that it was going to be built. I think of people -- ask for a show of hands of how many people would never have bought in that subdivision if they had known Costco was going in, it would be a lot of people. So, I think there are solutions, but we are kind of putting the cart before the horse. Let's plop this big giant warehouse and the apartment complex and the retail stores in first and we might maybe probably are going to put the widened roads in later and, then, you show a simulation that doesn't even show the amount of traffic that is currently on those roads. If you did that it would probably scare you a little bit. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Rock, you shared some concern -- the developer of your -- of the project hasn't reached out to you guys, but to answer I guess your concerns about safety in your neighborhood -- Meridian City Council Meeting Agenda April 17, 2018 – Page 47 of 491 Meridian City Council April 3, 2018 Page 43 of 128 Rock: It's not -- Cavener: What are those concerns and what would the -- what would the solutions that the neighborhood would present if given that option. Rock: I don't think she's here tonight, but one of the homeowners at the last Planning and Zoning meeting told a pretty good story about the fact that she has five kids that are able to ride their bicycles and run through the neighborhood and go where ever they want and as soon as this comes in and we have traffic through our neighborhood, she's not going to be able to allow that. Now, multiply that times 400 homes, there is a lot of kids in that neighborhood. There is no stop signs. There is no speed bumps. There is no gates. People are creatures of habit. If they start over the next two years while all the construction is going on taking shortcuts through our neighborhood, when the road gets widened they are not suddenly going to say, well, I'm going to go back to Chinden, they are going to go through the least path of -- path of least resistance. So, the safety concern is we live in a neighborhood, we want to be a neighborhood, we realize it's not going to be farms around us anymore, we realize that we are going to have retail outlets and that's going to be good for us, because we don't have to drive as far, but if we can't even get out of our own neighborhood to go to work anymore or if we can't let our kids ride their bikes to the park anymore, it's not a neighborhood anymore, it's a group of houses stuck in the middle of a retail complex. That's not what we decided when we moved there. Cavener: Madam Mayor. Sorry, but I -- I hate to belabor this, but what -- what are those things that -- I recognize that you don't have you feel a homeowner association that represents all of the residents, but poling your neighbors, what are those safety things? Is it speed bumps along a certain set of roads? Is it stop signs at certain intersections? Is it all of the above? That's -- that's ultimately what I'm trying to get to. Rock: Sure. Are you asking what -- so, if we -- if we already had the Costco there and the retail establishments there what could we do to increase the safety of the -- Cavener: What would the safety -- that you wish the developer would have engaged you on? Rock: I wish the developer -- the developer first had come to us and even asked about what are our concerns regarding access, egress, ingress to our neighborhood. The statement that the Lost Rapids Road was never intended for access to our neighborhood just baffles me, because the biggest sign that says welcome to Bainbridge is at the beginning of that road. So, I don't understand why that wasn't considered to be the entrance to our neighborhood. It is the entrance to our neighborhood. It was never sold as anything different. I asked the question, I'm sure all these other homeowners did, when we moved in, hey, what's going to be built there. Well, it's just going to be a small grocery store, maybe, or a few small retail stores. Never was it advertised to be a Costco. When we asked the Costco representative if Meridian City Council Meeting Agenda April 17, 2018 – Page 48 of 491 Meridian City Council April 3, 2018 Page 44 of 128 Costco suddenly decided in the last six months to build, he said, no, two, three years ago this was already in the works. Why wasn't there a gigantic Costco sign out there on the side of the road saying this is going to be there. We didn't know it. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Mr. Rock, thank you for coming in and sharing your comments and your concerns and as with everyone that's here this evening, it means a lot to us and we appreciate it. One question that I have for you -- do you believe that traffic will be affected within -- I know I'm very familiar with your subdivision, I'm out there a lot. Do you like -- like streets like Vanderbilt and streets like Assisi and other streets, do you believe that this development will cause more traffic through -- through your own subdivision where the kids are playing? Rock: I absolutely know it will. Like -- as I said, I have experienced when I try to take my daughter to the dentist, which is over off Eagle Road, GPS routes me through a couple of neighborhoods, because it knows that that's going to get me to a stop light, so that I can turn left on the Eagle Road. GPS will take you right through our neighborhood. Bernt: Fair enough. Thank you. De Weerd: Okay. Thank you. Mr. Neuhouse -- or Feld. If you will, please, state your name and address for the record. Neufeld: Mayor de Weerd and Members of the Council, my name is Robert Neufeld. I resided at 3756 West Snow Cherry Court in Meridian. I'm here this evening to speak on behalf of the North Meridian Water Quality Coalition on the need to protect our groundwater supply from the developments of Costco and Brighton at Chinden and Ten Mile. De Weerd: Mr. Neufeld? Neufeld: Yes. De Weerd: Can I first ask can everyone raise their hand that he's speaking on behalf of? Okay. Neufeld: Thank you very much. By way of background, I have been here before the Council before and I have been at several of the Planning and Zoning Commission meetings, but my professional background was 31 years as an elected and as a senior management official with various water agencies in southern California and what I find quite interesting is that in Idaho nobody really seems to care or pays a lot of attention to the water issues as they apply to the projects that are being proposed. It is also kind of Meridian City Council Meeting Agenda April 17, 2018 – Page 49 of 491 Meridian City Council April 3, 2018 Page 45 of 128 ironic that when I conversed with city staff regarding what are the concerns of a city staff when they asked the questions of a developer regarding water quality or water quantity, the answer is, well, we typically only look at do we have enough water available to serve them and to meet the fire flow demands. Period. So, there is no real concern about what happens to the quality of the water. The biggest problem faced with water quality throughout the entire United States is how the water -- groundwater gets contaminated and by way of background in the state of Idaho over 95 percent of all water consumed in the state of Idaho is groundwater. In the City of Meridian it's one hundred percent. The issue that we face is very -- very small and let me just set this on the corner here. That's a coffee creamer. The contents are .375 ounces. As we look at this particular development one of the biggest concerns with groundwater pollution happens to come from gas stations and fueling stations that are operated throughout both the state and throughout the United States. The biggest concern in that is that those tanks have a tendency to leak and gasoline contains volatile organic compounds, which are known as a -- as a hazard listed on the United States EPA and that it is limited in the main component -- not the main component, but one of the components as Benzene and Benzene is limited by the EPA to no more than five parts per billion. Now, that seems like a very, very large number, but what happens when you get leaking gasoline storage tanks, you have a problem with -- let me get this to move to the next slide if I could, please. What do you do here? There we go. This is just a graphic that shows the number of groundwater wells that are located in the north Treasure Valley area and you can see by the congestion on there -- you can just barely -- in the kind of left center you can see Lake Lowell and over on the far right here -- see if I can get the -- the house to point to it here. You can see Lucky Peak Reservoir. The I-84 corridor and every one of these dots represents somebody's water supply, either for drinking water or for irrigation purposes, but when you look at the water supply for the City of Meridian it's all included within this area here in north Ada county. The Idaho state law requires that when new construction is going to include a petroleum underground storage tank or piping connected to any such tank, that that tank must be constructed in a manner that will make sure that there is absolutely no spills or leaks that can go out of that facility. In reviewing the application from Costco I have seen absolutely nothing that indicates that they are prepared to construct that containment to make sure that we don't have contaminated water supply in the area. Another big issue. Water levels. If you look at the water levels in the surrounding area, the Kleinfelder report, which was part of the Costco application, indicates that groundwater in the area is about eight and a half to 16 feet below the surface of the ground. When you look at -- and I'm trying to find out here. Sonya, I'm sorry, how do I get to the slides to advance? We can go -- okay. Thanks. Okay. That's supposed to go to the right, but it's not. My point being is that when you look at this line -- you need to get to one of the graphics there. I think it's really important to understand that if you look at the Kleinfelder report it says very clearly in the report that the fuel facility will contain three 30,000 gallon underground storage tanks. They also say that additionally, based upon past experience, we estimate that underground storage tank installation for the fuel facility will require an excavation of about 18 feet below the existing ground surface level. If you have got groundwater in the area in the -- here we go. Right here. That is at eight and a half to 16 feet below the ground level and you put a water -- or a fuel storage tank at 18 feet below, that tank Meridian City Council Meeting Agenda April 17, 2018 – Page 50 of 491 Meridian City Council April 3, 2018 Page 46 of 128 is actually going to be in the local water supply. There is no containment proposed as we see it in this particular operation or application, excuse me, and we are really concerned about the process that goes with that in the application. This is the site map showing the wells -- the test wells that were drilled by the Kleinfelder's team for the drilling and indicates at the various levels here -- if you look at the location of flight FT-2, at that level there that's just to the immediate north of where the storage tanks would be and that groundwater level there is at 16 feet and FT-1 it was also at 16 feet. The problem that just -- that we are faced with here is that there has been no thought given to the water level and the water quality in the area and we believe very strongly that this application should be denied for that particular reason. Let me, as I conclude my comments tonight, I wanted to make sure that you were reminded of a project called Alto Via that's in the city of Boise and City Council would probably be aware of that, that the city council approved that particular project there based upon the recommendation of staff and as now they are facing major lawsuits over the landslides that occurred in that particular area. I would not like to see a flood -- and forgive the pun there -- but a flood of lawsuits filed against the City of Meridian because of a Costco fuel station here with a leak -- not that it would happen if, but when. They all leak. You look at the United States record, over half a million leaking storage -- underground storage tanks have happened in the United States in the past 20 years. In the City of Meridian right now there is one remediation site at the corner of Main and Franklin. I believe it's on the northwest corner. That site has been under remediation for 28 years. So, that 28 years ago they had a fuel spill at that location and now it is still being remediated through a process of pumping the water out and treating it and, then, putting it back in the ground. With that said, I would ask the Council tonight to consider all these options, to look at something that probably nobody else in the valley is looking at, and that is what happens to our water quality, what happens to the future of this community when we have no water available. This little coffee container I set out right here, that amount of Benzene in the local water supply will contaminate 1.6 million gallons of water. That's not a very large amount to contaminate that to the point where you can no longer use that as part of your drinking water supply. Excuse me. So, once again, we ask the Council tonight to consider all these options and to vote no on all of the proposals that are before you. Thank you. I would be happy to answer any questions. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Mr. Neufeld, thanks for your -- this is definitely something that -- I don't know in my time here that someone has brought as a concern. Just a couple points and a question for you. Our drinking water comes from several hundred feet below ground. None of it is 11 to 18 feet below ground. As well as your concern about that, you know, detailed plans about mediation for leakage wasn't included, it's because at this early stage of an application it hasn't been designed yet. Those -- those plans are not included, because they are -- they don't exist yet. That's something that comes later down the road and I'm sure that Costco or any other fuel location would make sure that they adhere to plans as there is inspections or to law. So, with that being said, Meridian City Council Meeting Agenda April 17, 2018 – Page 51 of 491 Meridian City Council April 3, 2018 Page 47 of 128 though, is it your opinion that the city should never approve any future fuel sites in Meridian? Neufeld: No. I think that, you know, the progress that requires fueling stations requires a process that allows the city and the staff to be fully aware of what is going on and that there is a need for this. This needs to be in the approval process to make sure that there is containment facilities constructed and if you do not have this in the approval process you tell me at what point it will be when the developer is required to install these types of things. Second thing is -- is that you're right with the groundwater wells for the City of Meridian, but contamination in the groundwater aquifers does not just travel, you know -- or stay in one location. It moves. And even the wells at the depth that you have could be contaminated, but what is missing from this equation is that there are a lot of local wells -- and I have counted at least five private wells within 1,000 yards of the proposed Costco that are private wells. The local residents that have been there for a long time, they are taking their groundwater out of the upper levels. They are not down there four or five hundred feet like the city is. They don't have the -- the ability to do that and they never have. So, as to the issue of should we stop the development? No, absolutely not, but we certainly need to make sure that we protect this precious resource that we have. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I have a few questions also I think. Thank you. That was very interesting and I'm concerned about things like water quality, so I really appreciate that. I guess one question, since you are the expert on this -- this area, I would assume, especially if there have been so many oil leaks, that -- that there would be regulation to have some containment. It would be -- there is probably laws that require that. So, do you -- can you answer that for me? Neufeld: Yeah, I can. There is an Idaho state law -- and I don't -- let me check real quickly here and see. I -- I'm not sure if I have the exact provision in here, but there is an Idaho state law that requires the installation and same containment facilities around -- and I don't -- I don't see that I have the exact section block here to -- Idaho Code Section 67.6537(4) requires -- well, this is -- it has to do with the groundwater management plan, but there is a section of the Idaho Code that says if you are going to construct a facility within 1,000 yards of a known drinking water source, that you must provide containment for any underground storage tanks. Milam: Thank you. So, I'm assuming that the applicant will also address -- address the issue with that and maybe they will have an answer for you as far as the containment that they have planned. Neufeld: I would welcome one. Meridian City Council Meeting Agenda April 17, 2018 – Page 52 of 491 Meridian City Council April 3, 2018 Page 48 of 128 Milam: The other question is more general and if this was a Fast Eddy's would you be here tonight opposing the project? Neufeld: Yes, I would. Because I'm here opposing the issue around groundwater quality. I'm not here really to oppose the project. My personal preference is my preference as to the project, but I'm here tonight talking about what happens to the water quality in this area and as I stated in my opening remarks, my biggest concern is there is not a governmental agency in the state of Idaho with the exception of the Idaho Water Resources Control Board and the Idaho Department of Environmental Quality that are really looking at this and when I checked with city staff about the comprehensive aquifer management plan, which is also required by state law, what I found is that the City of Meridian has been working on this for quite some time. It's still in draft form and there is absolutely no indication of when that would be brought forward to the City Council for your approval. So, we have a need for these kinds of things and, yes, it could be a Fast Eddy's, it could be a Sinclair, it could be any other fueling facility, that's the reason I'm here tonight. Milam: Thank you. De Weerd: Mr. Neufeld, I will tell you that the City of Meridian takes water quality extremely serious. We have practices that protect our deep water aquifer and we were one of the few in the Pacific Northwest that have an area of drilling concern application that, yes, was denied by the Idaho Department of Water Resources. However, they accepted our standards for drilling private wells. We take our water quality very serious and I can tell you that our staff does, too. Our master plans are constantly being reviewed and -- and -- and challenged to making sure we continue to have best practices in protecting our deep water aquifer. When someone enters into an annexation, they are required to abandon private wells, because we are concerned for all of those percolation into our water aquifer and we do take that serious. So, I can tell you that on behalf of our staff and the City Council is the content of your -- your presentation is concern to all of us and we will take every precaution to make sure that our deep water aquifer is not threatened. Neufeld: And, again, Mayor, I appreciate that comment as regard to my remarks. The big issue, though, is that while you have the deep water aquifers -- and I know that there are standards in place, including the new standards that were adopted by the state regarding the drilling of existing wells -- De Weerd: In Meridian. Neufeld: And the City of Meridian. That -- that that issue is -- you know, has been addressed, but it doesn't address the overlying issue and when you have a half a million water tanks -- 22 of those leaks that have occurred in the last 20 years have been in the City of Meridian out of 1,417 in the state of Idaho. That is a significant number. That's not something you can turn your backs on and unless there is a provision in place up front that requires the individuals proposing these projects, regardless of whether it's Meridian City Council Meeting Agenda April 17, 2018 – Page 53 of 491 Meridian City Council April 3, 2018 Page 49 of 128 Costco or Fast Eddy's or whatever it is, that they must be required to build these containment facilities in order to help prevent this from happening. Now, that's not going to prevent all accidents from happening, because there is a lot of old underground storage tanks out there that don't meet the federal regulations and the state of Idaho regulations and those are the ones that are going to be causing the serious problem. Yeah, you got deep water and you don't -- you get it at a very -- a good high quality water out of there, but when you get contamination that starts to move through the soils, it moves very slowly, but when it gets there it stays and when you have to remediate any kind of contamination of a groundwater, it's not only very, very costly, it also takes a tremendous amount of time to get that water supply system back into production. De Weerd: Well, rather than to go into how we construct our wells, I would invite you to sit down with our staff to find out -- we do take every precaution. Neufeld: And I welcome that opportunity. Thank you very much. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Neufeld, I appreciate your testimony. This is why I love public hearings. We often are presented with a perspective that we hadn't considered and I want to echo the Mayor's comments in that you seem to have a wealth of knowledge on this issue and I hope that you find ways to get involved as a citizen in our community to help better educate us on these issues. You talked a little bit, though, about these leaks that have occurred and I can recall a time when we only had two or three gas stations in Meridian and a quick Google search shows we have got 44 now. Neufeld: Right. Cavener: So, you mentioned that -- I think -- I can't remember how many of those leaks have occurred in Meridian. When was the last time one of these gas stations had -- had a leak? Neufeld: I'm not sure if it was in Meridian. Let me just give you -- to give you the perspective, though, about gasoline leaks. If you look at the Department of Environmental Quality, they are required to report all of the leaking underground storage tanks. They call it LUST. L-U-S-T. But that's a report that is available through the Department of Environmental Quality and if you look at all of those reports in there it lists them by city and by date and when it occurred and how long it has been until it was remediated or if it's still being worked on, similar to the one here. Of the -- the most recent one that I saw in this report was based upon September of 2016, so it's not that old, but the most recent report at that time was less than four months old in -- I want to say Twin Falls. I'm not sure. But the issue -- and I think I'm trying to answer your Meridian City Council Meeting Agenda April 17, 2018 – Page 54 of 491 Meridian City Council April 3, 2018 Page 50 of 128 question, Mr. Cavener, is that these things are happening on a frequent basis. Just because it's not happening in Meridian today doesn't mean it hasn't happened before or that it won't happen in the future. Cavener: Okay. Thank you. Neufeld: Any further questions? De Weerd: No. Thank you. Neufeld: Madam Mayor, Council, thank you very much. De Weerd: Mr. Clerk. Coles: Thank you, Madam Mayor. Next on the list. David Reyes would like to testify against. De Weerd: Good evening. Reyes: Good evening to you. De Weerd: If you will, please, state your name and address for the record. Reyes: I will, Madam -- in one moment, once the PowerPoint comes up -- De Weerd: Okay. Reyes: -- if you don't mind, please. De Weerd: We want to give you your full three minutes. Reyes: Thank you. De Weerd: So, we will wait. Reyes: I have a lot of material to cover. And pull up the PowerPoint. It's the second one. Sorry. Just one moment. Okay. David Reyes. 5781 North Joy Avenue, Meridian, Idaho. 83646. Madam Mayor, City Council Members, I would like to talk to you about the proposed amendment to the Comprehensive Plan and the future land use map and how it violates the goals of the Comprehensive Plan and the amendment criteria. First, I would like to begin with the current map -- future land use map that Brighton advertises on their website as recently as March 5th. You will notice that the area in question is still shown as future medium density residential and the area where the proposed Costco will be going and the fueling station is designated as not a part. NAP. This proposed amendment violates the Comprehensive Plan goals on many levels. I have indicated two here. To protect existing residential property from Meridian City Council Meeting Agenda April 17, 2018 – Page 55 of 491 Meridian City Council April 3, 2018 Page 51 of 128 incompatible land use development on adjacent parcels and, secondly, to minimize air and noise pollution on commercial developments adjacent to residential areas. I have here the criteria from the municipal code for an amendment to the future land use map and the Comprehensive Plan. On the left are the criteria. On the right are the ways in which this application -- this post-amendment violates those criteria. I will draw your attention to the areas in the dark boxes. Number one, this represents a large zoning change, which is incompatible with the Comprehensive Plan. Number two, it does not provide for public services. Instead it provides a spot zone for the benefit of the developer. Number four, the UDC prohibits direct access to state highways. Number five. Does not provide sufficient transition between medium and low density housing and, number seven, rather than provide sufficient area to mitigate any impact, it will exponentially exacerbate traffic impact. Prior actions on this very site. The Genisec 2008 properties where Commissioner Hood from the Meridian Planning and Zoning concluded: The UDC specifically prohibits access to State Highway 20-26, that is Chinden Boulevard. Access to the site should solely be provided from Ten Mile Road. ITD concluded the proposed access shown onto US 20-26 is inconsistent with the ongoing corridor study. Lastly, I want to leave you with a more personal note. In 2015 my family and I relocated from California to Idaho, seeking relief in the results of uncontrolled development. The Comprehensive Plan and future land use map were key elements in our decision to settle in Meridian in the Bainbridge Subdivision. The Lost Rapids application opens the door to uncontrolled development in north Meridian. Madam Mayor, Commissioners, City Council Members, I request that you deny the Lost Rapids application. Thank you. De Weerd: Thank you. Coles: Next Gail Bacon would like to testify against. De Weerd: Good evening. Bacon: My name is Gail Bacon. 6695 North Moon Drummer Way, Meridian. 83646. Madam Mayor and Council Members, my husband and I retired to Meridian in 2011. This was our tenth move, eight being corporate relocations. When we began looking at houses here our realtor strongly encouraged us to consider Eagle first, as he said Meridian had become, quote, unquote, urban sprawl. However, we found and liked Spurwing Greens and bought a Brighton home. We would never have purchased a home in that area had we known the Comprehensive Plan could be so drastically changed. To allow an industrial size warehouse with its 24 to 30 gas bays, parking lots, to be placed in a residential area across the road is inconceivable to us. The Comprehensive Plan needs to matter and shouldn't be disregarded so easily. The quality of life matters to the existing neighbors around this project and to me. I would ask the people behind me in the audience who live in the immediate area of this project, knowing what you know now about the possible change to the Comprehensive Plan, how many of you would not have purchased your home? Please raise your hands. Thank you. And please deny this application. Meridian City Council Meeting Agenda April 17, 2018 – Page 56 of 491 Meridian City Council April 3, 2018 Page 52 of 128 Coles: Michael Battaglia would like to testify against. Battaglia: Okay. De Weerd: Good evening. If you will, please, state your name and address for the record. Battaglia: Michael Battaglia. I live at 4212 West Wolf Rapids Drive in Meridian in the Bainbridge Sub -- De Weerd: Thank you. Can you pull that up a little closer? Thank you. Battaglia: Michael Battaglia. I live at 4212 West Wolf Rapids Street in Meridian. De Weerd: Thank you. Battaglia: Okay. Madam Mayor and City Council Members, I'm talking tonight about the traffic concerns -- De Weerd: Can you pull that closer? Battaglia: Is that better? De Weerd: So, your neighbors can hear you. Battaglia: Is that better? De Weerd: Yes. Battaglia: Okay. Bernt: Hello. Hello. Real close. De Weerd: That's where they say eat the mike. Battaglia: Eat the mike. De Weerd: Yes. Battaglia: Okay. In Bainbridge there are a total of 458 total residential lots in the subdivision itself. There is like 190 -- 190. One of them are occupied houses and there are remaining 268 lots that are either under construction or platted, but not construction started yet. The Bainbridge Subdivision at full build out will produce a total volume of 4,333 vehicles per day, with a peak -- I’m sorry. For the p.m. peak hour loading of 450 vehicles per hour. This came from a prior transportation study or investigation that was performed in concert with the original development of the Bainbridge Subdivision. Meridian City Council Meeting Agenda April 17, 2018 – Page 57 of 491 Meridian City Council April 3, 2018 Page 53 of 128 Bainbridge Subdivision was not on the list of in-process developments within the study area and the traffic impact study that was done for the Bainbridge Subdivision, that's -- the subdivision is the one that Costco is working in. The vehicle counts referenced in the previous slide were not included in the overall traffic area. The Bainbridge -- the Bainbridge Subdivision has three existing and two proposed intersections with Tree Farm Way, Lost Rapids Street, which is a local collector street. However, these intersections were not analyzed -- or included and analyzed in the traffic study. This is a drawing showing the -- the black dots indicate the locations -- of the intersection locations that were examined within the traffic study, including -- they are also including some further west on Black Cat and some all the way to Linder. The red triangles indicate -- or show five preexisting and two proposed access points from the Bainbridge Subdivision onto Lost Rapids Drive. They were not included in the transportation study that was conducted for the Costco project. Let's go down here. Lost Rapids Street has an average daily and peak hourly traffic counts were -- they were 690 average daily and 30 peak hour counts. These were conducted by ACHD on February 14th of this year. The above counts include current resident traffic, construction traffic and real estate sales traffic at the builder's model home. Homes. Peak hour total traffic conditions from the GIS study for the Costco project were in line with what was presented by the traffic engineer with regard to the 2024 Costco full build out or as the weekday peak hour -- with the p.m. peak hour and Saturday midday peak hours mirror what he was saying. The Ten Mile Road proposed driveway C is proposed to serve as the primary access for the Costco delivery trucks and the local vendor trucks, 12 to 17 trucks per day. The ACHD staff comments recommendations with regard to driveway C indicate that the driveway be approved as a temporary full access driveway. Temporary full access driveway may be restricted in the future as traffic conditions warrant as determined by ACHD. De Weerd: Can you, please, summarize your testimony. Battaglia: Yeah. One last thing. The majority of the traffic flowing eastbound or driving westbound on Chinden that are destined for Costco are going to turn left or south on Ten Mile and, then, turn right or going west into the Costco facility, which is using driveway C. In summation -- where are we here? Here. Ninety percent of the Costco customers go on Chinden going west are going to come down Ten Mile and go into Driveway C, which is right directly into Chinden. This represents 30 percent of the total customer trips to the Costco warehouse facility. In closing, the transportation study, although it included a lot of the information that is applicable, it did not take into consideration the -- the full build out of Bainbridge Subdivision, which is 450 plus homes and even on the video that was presented, if you drive -- if you follow the path down -- or down Lost Rapids and onto Tree Farm Lane, if you look to the left, which is where all the existing and proposed residents are -- or going to be are, it's -- the video showed them as just a farmland and, like I say, those intersections -- existing intersections from Bainbridge onto Lost Rapids were not included in the traffic study. De Weerd: Thank you. Meridian City Council Meeting Agenda April 17, 2018 – Page 58 of 491 Meridian City Council April 3, 2018 Page 54 of 128 Battaglia: Thank you. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Battaglia -- I hope I pronounced your name right. I appreciate your testimony. Is your summation, then, that the roads as built out won't handle the proposed traffic increase or is it that you -- you're just not excited about the increase of traffic that's going to fall on Lost Rapids? Battaglia: I'm not a traffic engineer, so -- but all I'm saying is that all the additional traffic that comes on with the Bainbridge Subdivision was not included in their traffic study that was proposed and was not -- was not included in the total traffic counts that were provided along the Lost Rapids and Tree Farm. Cavener: Thank you. De Weerd: Thank you. Battaglia: Okay. Coles: Andrea Carroll would like to testify against. De Weerd: Good evening. We will wait until you're -- you're loaded. Carroll: I'm low tech. Madam Mayor, Council Members, I'm low tech tonight. I have had those go haywire too many times. De Weerd: Okay. Very good. If you will state your name and address for the record. Carroll: Thank you. My name is Andrea Carroll. My business address is 714 West State Street. I'm a land use attorney hired to represent a coalition of neighbors in Spurwing and Bainbridge against Lost Rapids. There is one completely indisputable fact -- you might not believe it, but there is one fact that everyone in this room probably agrees on, including ITD, including anyone who has looked at Chinden, existing -- existing demand, preexisting growth requires a widening of Chinden. The widening of Chinden is not designed to absorb the impact of this development. It's already necessary. There is a funding deficit, obviously. That's the reason why Chinden hasn't already been widened. It requires a solution and not a short-term band-aid. Certainly it was presented at the Planning and Zoning meeting as if this is a -- sort of a charitable contribution on behalf of Costco. Costco is going to profit considerably. This is a respectable investment decision on their part to front the money, so that they can begin to profit from a store built sooner than they would otherwise be able to build. So, the Meridian City Council Meeting Agenda April 17, 2018 – Page 59 of 491 Meridian City Council April 3, 2018 Page 55 of 128 reason why we are here tonight is to make good land use decisions, not to resolve a funding deficit. You're here to look at your code, to look at state code, and make a good decision on what is an appropriate -- appropriate development for this particular location. So, ask yourself if the funding was already here would you be considering this size of a development on this particular site? Would that make sense based on your own code, because if it doesn't, then, that means you're making this decision based on a reaction to other government agencies that have not stepped up to the plate. Let them step up to the plate and let them solve the issues that they have created. Don't make a poor land use decision in order to resolve an issue that another agency created. Costco is a very special retailer. I love Costco. I go there all the time. But it's special, because it -- it forces individuals to adjust their own commutes. It's not just the -- people will go 30 minutes, 45 minutes, 60 minutes to get to a Costco. I do. And it's a very special retailer. It's a vehicle driven retailer. No -- no one goes to Costco on their bike. It's a -- it's the kind of development that is going to widen their ability to reach customers in Middleton, Star. This is a huge deal. It's not -- it's not even like a WinCo, WinCos are everywhere. Costco is very special. Every letter that you have received in support of this Costco furthers my point there and I would ask you to take a very strong look at the variance criteria, because it's not just your city code, it's also state code that requires an undue hardship and it requires a site specific hardship. Being adjacent to Chinden is not a hardship. There is a possibility of creating a moderately sized development that makes sense in this area without a variance. In prior decisions the City of Meridian has recognized this and I would ask that you recognize it today. In summation, I want to say that the City of Meridian can survive and can thrive without another Treasure Valley Costco. Sure, we want another Costco, but we can thrive without it. But the City of Meridian cannot thrive if it makes poor land use decisions or if it continues to approve growth that outpace the infrastructure and our ability to keep up with that growth. Thank you. De Weerd: Thank you. Carroll: Any questions? De Weerd: Thank you. Coles: Bob Bacon would like to testify against. Once it's loaded, then, you can drive. Bacon: Okay. Here we go. Now I can take control? De Weerd: In just a moment. Okay. Bacon: Madam Mayor, Members of the City Council, my name is Bob Bacon. I reside at -- let's start over. De Weerd: See, I don't have to say it anymore. They will. Bacon: How am I doing now? Meridian City Council Meeting Agenda April 17, 2018 – Page 60 of 491 Meridian City Council April 3, 2018 Page 56 of 128 De Weerd: You're much better. Thank you. Bacon: Madam Mayor, Members of the City Council, my name is Bob Bacon. I reside at 6695 North Moon Drummer Way, Meridian. 83646. Oh, this is quite large. Well, in the City of Meridian's annual report for 2017 under strategic focus and the subject of economic vibrancy, the commitment on that page states that Meridian will recruit family wage jobs. It further states that Meridian will be a place where residents can live, work, and raise a family. Thank you for that resolution change. Elsewhere in his report it is stated that only modest growth resulted in the average annual wage for Meridian residents from 2016 to 2017. It now appears at the jobs offered by Costco will not materially improve that average annual wage. In fact, of the nine new job-related businesses the city is hoping to promote and develop, according to the Comprehensive Plan, page 59, retail slash wholesale businesses is absent as a primary target. At the recent Planning and Zoning Commission meeting conducted on March 1st of year, Costco Associate Vice-President Peter Kahn stated that 22 dollars represents the average hourly wage for its employees. We contacted Mr. Kahn to get a better understanding of how the average wage of 22 dollars is derived. Mr. Kahn was not able to provide that explanation, but did offer a website link to an article that stated that Costco's starting wage is $13.50 an hour. With a 40 hour work week that is 28,080 dollars per year. That is not the family wage that the city promises to attract. In fact, it is 10,000 dollars less than the average wage -- Meridian average wage currently. Average wages may not be a useful measure, because the data can be skewed by high income earners with specialized license, journeymen or degreed skills, as well as legacy employees reaching the top end of their wage pay scale. With no follow-up information from Mr. Kahn by e-mail, we researched five separate websites that specialize in corporate information. These are the employees that you see most when you shop at Costco they have in common that none of them make 22 dollars an hour. In fact, they don't make 19 dollars an hour. In fact, with exception to perhaps one or two, all earned from 13.50 to 17 dollars per hour. When we add specialized -- less or fewer specialized employees that average is skewed upward when you see network analysts earning 36 dollars an hour or a pharmacist earning 60 dollars an hour, the average Costco hourly wage is enhanced. Even at 22 dollars per hour the annual wage falls well below the family of four living wage residing within Ada county. The jobs that Costco offers will not materially move toward the higher average wage in Meridian. They will not provide a family wage. We believe the city needs to stick to its most recent Comprehensive Plan, deny the proposed Costco project on Ten Mile and Chinden and recruit better paying jobs as originally outlined. Thank you. Palmer: Madam Mayor? De Weerd: Okay. Mr. Palmer. Palmer: Madam Mayor. Mr. Bacon, thanks for your testimony. A question for you. Is it your opinion that we should reject any application if every employee doesn't exceed the Meridian's average wage? Meridian City Council Meeting Agenda April 17, 2018 – Page 61 of 491 Meridian City Council April 3, 2018 Page 57 of 128 Bacon: No. It's not a matter of that, it's just that I'm reminding the Council that the original Comprehensive Plan was basically all right in the surrounding area. This is an ill-advised location for this particular enterprise. Move it down the road, you will still have Meridian residents earning a wage, it just won't be the family wage that you were trying to promote. Secondly, none of us would have expected that they would be having an enterprise as large as this right in the middle or adjacent to our -- our quality of life. Our homes. So, they are not the white knight of wage earners that you are -- that they are purporting to be. Move it down the road, have other Meridian residents earn a wage there, but not in this location. There is too many negatives with traffic, safety, potential pollution, all kinds of issues. Palmer: Madam Mayor? Cavener: Madam Mayor? De Weerd: Uh-huh. Palmer: Mr. Bacon, you say move it down the road and that would -- that would solve the issues you just listed? Bacon: Move it down the road where it's not engulfed in a residential area now. Palmer: Okay. Thanks. De Weerd: Okay. Mr. Cavener. Cavener: Madam Mayor, my question was answered. De Weerd: Okay. Thank you. Bacon: Am I done? Thank you. De Weerd: Yes. Coles: Jane Albert would like to testify against. De Weerd: Good evening. Albert: Good evening. Thank you very much. My name is Jane Albert. I reside at 6628 North Salvia Way in Meridian and I'm before you tonight to comment upon this project's negative impact on quality of life. The increased density and intensity of land use affects quality of life for our neighborhoods in a number of ways, such as excessive regional traffic routed to and through our neighborhoods, coupled with increased traffic due to the density of the residential portions of the project. Unsafe pedestrian connections within the proposed projects and lack of safe access for Keith Bird Legacy Meridian City Council Meeting Agenda April 17, 2018 – Page 62 of 491 Meridian City Council April 3, 2018 Page 58 of 128 Park, potential exposure to hazardous chemicals, incompatible architecture of the industrial size building and adjacent strip malls to the existing neighborhoods, excessive lighting from the outdoor lighting in the parking lots and buildings that increase night sky light pollution, noise pollution and not just from increased traffic, but rooftop ventilation systems, power equipment to clean the parking areas and for commercial property maintenance, mechanical equipment, loading and unloading delivery vehicles, heavy truck noise, generators and refrigeration equipment. The large impermeable surfaces of the parking lots adjacent to the commercial buildings and the high density residential units creating additional runoff and water quality concerns, as well as in creating heat islands. The significant concern of the health dangers associated with high volume gas stations such as pollution from evaporation and emissions. There is also grave concern for the burden on our emergency services network and of decreased response times due to the intensity of the development. We have been told that Costco is a good neighbor, but in the last 15 years alone Costco U.S. operations violations amount to over 15 million dollars in the areas of workplace safety or health violations, wage and hour violations, employment discrimination, controlled substance act violations and environmental violations. We know you have heard from many throughout the Treasure Valley who support the project, mostly at the behest of Costco. It's clear that people want a Costco in Meridian, but that's what they want, a Costco in Meridian, not specifically in the proposed location. We do not believe those voices should outweigh those who will feel the direct impact of the project shoehorned into our residential neighborhood. In fact, a recent poll shows almost 90 percent of Spurwing residents are against the proposed development, an additional 425 people in adjacent neighborhoods signed a petition against the project. I call on the City Council to show less concern about attracting this growth and more concern about managing growth toward a positive and proactive vision as created in the Comprehensive Plan. An end state that preserves the enviable lifestyle we have come to expect in Meridian. Thank you. De Weerd: Thank you. Coles: Megan Rock would like to testify against. M.Rock: My name is Megan Rock and I live at 4090 West Lost Rapids Drive in Meridian, Idaho, in Bainbridge Subdivision. I have many responsibilities, but first and foremost is to protect my child. When we chose our home in Bainbridge it was with the understanding that this would be a safe, quiet neighborhood for her to grow, live, and play in. There would be two parks and our pool within three blocks of our home. Our daughter could walk or bike to these areas once she was old enough. Instead our home bears witness the speeding vehicles that have total disregard for the safety of my child, my family, and our neighbors on a daily basis. Vehicles regularly blow stop signs. Nonresidential drivers habitually use Lost Rapids and Tree Farm to cut through from Chinden and Ten Mile. Just yesterday I saw a pickup truck cut across the empty field, over the grass, a sidewalk and a bike lane and onto Lost Rapids. Last week a car parked in the bike lane on Tree Farm in front of a no parking sign and a fire hydrant. The safety features of this neighborhood are already failing. From our home we can easily see a quarter mile stretch of Chinden between Black Cat and Ten Mile and I have Meridian City Council Meeting Agenda April 17, 2018 – Page 63 of 491 Meridian City Council April 3, 2018 Page 59 of 128 lost count of how many accidents we have witnessed. We have gardened and played to the sounds of sirens. We have fallen asleep to emergency lights flashing through our windows. How is this development good for us? According to Mr. Wardle it means we can walk to Costco. Instead I see a complete lack of pedestrian and bicyclist safety. I see a nearby park that will never be safe enough for my child to go to on her own. I see semis and school buses sharing the same roads that are already too narrow. I see gasoline runoff and potential leakage polluting our water. I see exhaust fumes from idling cars polluting our air. I see socially inappropriate development that is better suited to an industrial area. I see disregard for health and quality of life and safety. During a busy week I see the following safety issues for such an active community, just to name a few. Heroes Park hosts soccer games and practices and parking is already inadequate. These families and young children are parking along Ten Mile in unsafe areas and spill over into the parking lot of the LDS church. They cross the busy street without any protection of a crosswalk or traffic signal. The LDS parking lot overflows onto Lost Rapids every Sunday. A single Lacrosse fills the parking lot of Keith Bird Legacy Park. Where are these vehicles going to go? How are these people going to safely navigate to the residential, family oriented events and locations? This proposed plan -- plan paints a clear picture of how these concerns will be exacerbated. The city will be celebrating Do The Right day. Lead by example and protect the rights of your citizens. Stand up for us and deny the applications for annexation and development. Send a clear message to developers that future development should be thoughtful, appropriate, and should benefit each citizen. We deserve for you to uphold the promises of the Comprehensive Plan that we use to make our decisions to invest in these homes, in this neighborhood, and in the city. Mayor Tammy and Council Members, is my daughter's safety worth a 15 million dollar loan? Because to me she is priceless. De Weerd: Council, any questions? Thank you. Coles: Camille Williams would like to testify against. De Weerd: Good evening. Williams: I am Camille Williams. 4140 North Buckstone Avenue, Meridian. 83646. I would like to state up front that I'm opposed to the current location on the Costco warehouse. The building is 5.6 times bigger than what it was initially proposed. This isn't the right location and the risk of locating a big box store retail warehouse in a residential area is high. The Amazon online effect is a reality and is forever transforming the way retail shopping is being done. President Trump has just recently been in the news to address Amazon's impact on the brick and mortar retailers. We have seen -- we have been seeing evidence across the nation with the Sam's Warehouse and numerous big box retailer closures. Treasure Valley isn't immune to this. We have lost a Kmart. We have lost ShopKo. We have lost a Macy's in Nampa creating a big void. Sports Authority. Gordman's. Paul's Market. Hastings. Toys-R- Us. Family Christian Stores. Radio Shack. Rite-Aid. And Walgreens. Wet Seal. And we just lost a big beautiful Rosauers with a beautiful store front. Kmart has been Meridian City Council Meeting Agenda April 17, 2018 – Page 64 of 491 Meridian City Council April 3, 2018 Page 60 of 128 vacated for months and has been an eyesore. In addition, Costco was located on Franklin Road and it took three years and a state incentive program before Cabela's filled that location. It would be a shame to impact such a beautiful neighborhood by placing this huge warehouse that may be used as a distribution center, or worse yet, be impacted by online and the future closures, not to mention that all these big box stores are now going robotic. Amazon is going robotic. W almart is using a janitorial service robotic. And how many of these jobs are not going to be here for the people in the area. And thank you. De Weerd: Thank you. Williams: Any questions? De Weerd: No. Thank you. Coles: Sandy Maple would like to testify against. Maple: Good evening. De Weerd: Good evening. Maple: Madam Mayor and Council Members. My name is Sandy Maple -- De Weerd: If you will hold on just a minute we will get your -- your thumb drive loaded. Maple: Okay. I can begin. I have some things to say before I'm -- De Weerd: Okay. Very good. Maple: Okay. I live at 6802 North Pirate Avenue in Meridian. I am opposed to Brighton's current proposal for Costco and surrounding area. We are all in favor of progress, but not ruining the beauty of our area, lowering -- lowering our property values and hurting our quality of life. The conceptual plan has not been completed to include the apartments, ten proposed businesses, 55 and older community. Has any business agreed to join the project? Some concerns are the traffic egresses, added traffic congestion and apartments attracting transient people causing safety issues, draining police and other emergency services. When people experience the unbearable traffic and dangerous conditions they will begin looking for other outlets for shopping. We are looking forward to a mixed use development that we can enjoy as a nice gathering place for sharing time with our families and neighbors and enhance our neighborhood. I have a -- I have photos to help illustrate my concerns and why this proposal does not fit the comprehensive plans. Is it not opening? De Weerd: I'm -- I'm going to call a recess for five minutes while we figure out how to get your photos up. Okay. Meridian City Council Meeting Agenda April 17, 2018 – Page 65 of 491 Meridian City Council April 3, 2018 Page 61 of 128 (Recess: 8:58 p.m. to 9:05 p.m.) De Weerd: Okay. I'm going to go ahead and call this meeting back to order. Did we figure the photos out? Maple: Thank you very much. De Weerd: Very good. Maple: Thank you. De Weerd: Okay. Maple: Shall I start? De Weerd: Yes, please. Maple: I have photos to help illustrate my concerns and why this proposal does not fit the Comprehensive Plan. These pictures were taken at the Nampa Costco wholesale warehouse showing the outside area and how much space is needed for such a project. This is what we will be looking at every day. These are pictures of the surrounding area demonstrating open spaces, a hospital, and several shopping areas. No homes. This is the gas station and surrounding area and store entrance. Again demonstrating how much space is needed to accommodate such a project. How many parking spaces are planned for all of these businesses? The gas station will have 24 to 30 pumps and will occupy a very large corner of Chinden and Ten Mile. The station's hours normally began at 6:00 a.m. The proposed traffic flow and overflow traffic is not adequate for the projected business this will generate. It takes a large area and a lot of bays -- a lot of different parts of the store to keep it running. Next are photos of similar apartments now being built nearby and is what are being proposed to be constructed next to Costco and across from the park. Presently there is a vacancy rate of 4 point -- four to five percent for apartments and increasing. Single family homes currently have a 1.8 availability. These are the pictures of proposed property and surrounding areas. De Weerd: Sandy, I'm sorry, you will need to summarize. Maple: Okay. Our community's future welfare and peaceful existence rest in your hands. Please consider your decision very carefully for all of our citizens. Thank you. De Weerd: Thank you. Coles: Sally Reynolds would like to testify against. Reynolds: Good evening, Madam Mayor -- De Weerd: Good evening. Meridian City Council Meeting Agenda April 17, 2018 – Page 66 of 491 Meridian City Council April 3, 2018 Page 62 of 128 Reynolds: -- Madam Mayor and Members of City Council. It's good to be with you here again tonight. De Weerd: If you will pull up your mic. Reynolds: Oh. Thank you. My name is Sally Reynolds. I reside at 1166 West Bacall Street in the Paramount Subdivision in Meridian. 83646. So, tonight I'm going to be addressing something a little bit different. Back in 2006 there was quite a bit of time and energy and money put into a North Meridian Plan of which Brighton was a key stakeholder in that plan and some major points that came out of that plan were to get away from project by project zoning by planning out mixed use areas that allow flexibilities for developers. Discourage big box single use locations by placing building sizes within mixed use designations. Restrict access to 20-26 and develop an auto circulation plan with intersections of new collector roads that shall be limited to one mile and located as close as a half mile in spacing and use a system of collector roads and backage roads. So, I'd like to go ahead and bring up this North Meridian auto circulation plan that was -- that was brought in conjunction with this North Meridian Plan and as you can see I was surprised, like the first gentleman who spoke, that -- that Lost Rapids was supposed to be a backage road, because very clearly here it is indicated as a collector road that is mainly for residents to get in and out of their neighborhood without having to pass by lots of homes. So, for that to all of a sudden become a major backage road behind an industrial warehouse is quite a shift in what was presented. So, one purpose of this plan was to ensure that 20-26 does not become as congested as Garden City and that includes limiting access. That seems counterintuitive, because, then, they would have to go through the neighborhood; right? So, it's a -- it's -- you can't win. Well, the -- the obvious choice here is that this parcel is not the correct parcel to put an industrial size warehouse on. It is a regional draw and it will bring traffic as you have heard numerous times tonight. The Brighton Corporation has always touted their neighborhoods as family friendly and as you have heard tonight that will be threatened if this project does move forward. So, one of the things -- I actually read almost all of the letters that also came into City Council and there is a couple of things that I wanted to address, not necessarily for you, but also just to be on the record for the general public. First of all, I'd like to say that I looked at where all of the support is coming from and it is from -- I would say 90 percent is from the southeast portion of Meridian. Therefore, that's where most of the traffic is going to be coming from and not just this area, but we have to think of McMillan and Ustick and all of those other city roads that haven't quite been built out yet that these people are going to be coming -- multiple car trips a day on those roads as well making especially a problem there. Secondly, I kept hearing Costco is going to widen Chinden, Costco is going to widen Chinden. I know that you all know what a STARS agreement is, but I just wanted to go back and say that that will be repaid through the STARS agreement and that that is something that will come out of the state funds. So, to summarize -- and I didn't get to that -- that can be entered into the public record. The taxpayers will widen Chinden. To summarize I just wanted to show the aerial view of this -- this area and what you can't see is all of the area between U.S. 20-26 and McMillan is now almost completely homes Meridian City Council Meeting Agenda April 17, 2018 – Page 67 of 491 Meridian City Council April 3, 2018 Page 63 of 128 in that square mile. It is quite literally surrounded by residences on all four corners. Not just one, all four corners. We respectfully ask you to deny this application and keep Meridian the great place it was meant to be. Thank you. Coles: Kevin Denison would like to testify. Denison: Kevin Denison. 3244 West Salix Drive, Meridian. 83646. Mayor Tammy, City Council Members, I want to thank you folks for listening to our concerns tonight in regards to this Costco proposal. You have heard the issues from everybody and I want to compliment everybody that came before me on the way they expressed those concerns. I thought they did very professional and a good job in doing that and I hope that the City Council -- you folks will actually listen to what we have said. We get it. We all want a Costco. Costco is a great store. The city has the opportunity to put Costco on their advertising material. Move to Meridian. We have got everything and we have got Costco. I have been in business in this valley for 30 years. I have lived here for 30 years. I was part of the Roaring Springs development and as many of you people know, Tammy -- Mayor Tammy, a few of you know that I -- and I am pro business. I am for growth. When I first heard of this Costco development coming in I thought it would be a great thing, too. But as I researched it a little bit further and looked at the issues in front of us, I quickly came to the decision that this is not good for this area. You take a look at Nampa. You take a look at Boise. You can go to Twin Falls. Recently I was in Las Vegas last week, went to three separate Costco sites. Not any of those Costco sites are surrounded on all four sides by residential. This is the only one. And I believe it was stated the P&Z meeting that this would be the second one in the entire nation that's surrounded on all four sides by residential. There were three polls taken in our area. Eighty percent of the Spurwing residents -- 80 to 90 percent opposed it. There were other polls that were taken and it was a 50-50 split, give or take. But I have talked to about 25 people in last two or three weeks that live in Banbury, Lochsa Falls, Wedgewood, Spyglass, Paramount and after I explain the traffic issues that were ahead of us, they were once for the project and now they are against it as well. If you go down Chinden at any time of the day it could take you up to 25 minutes to go from Linder to Eagle Road. The only thing that they -- that widening these roads is going to do it's going to push the bottleneck a block up the road. They say we will probably get an extension from Ustick and McMillan. We will probably get this. We will probably get that. Well, as you know, ACHD and ITD have a terrible track record as far as widening our roads. So, for that to happen -- who knows when it will happen. De Weerd: Mr. Denison -- Denison: I always told my kids -- De Weerd: Mr. Denison? Denison: Yes, ma'am. De Weerd: You need to summarize. Meridian City Council Meeting Agenda April 17, 2018 – Page 68 of 491 Meridian City Council April 3, 2018 Page 64 of 128 Denison: I'm going to summarize right now, Mayor. I have told my kids there are needs and wants. Do you need it or do you want it? If you need a computer for school you're going to get it. If you want the new -- whatever. Computer game. Maybe not. This is the same thing. Would we like to have Costco? Yes. Do we need it? No. And especially on this site. So, I would ask that you deny the application to Costco development in full on this particular site. Thank you. De Weerd: Thank you. Coles: Shane Speakman would like to testify. Speakman: Good evening. De Weerd: Good evening. If you will, please, state your name and address for the record. Speakman: Thanks. My name is Shane Speakman. I live at 5952 Botticelli and these are my five children and my neighbor. Excuse me. I wrote down my thoughts so I could be concise with you all. Our family relocated from Utah into the Bainbridge Subdivision on March 15th, just three weeks ago. Our home is located on Botticelli Avenue just three doors down from Rapid -- Lost Rapids Road and our street backs up to the Keith Bird City Park. We purchased this home in part because of this park and my five children access that park by walking up Botticelli and walking down Lost Rapids. We have been excited to join your community. I work in L.A. and we chose Meridian out of literally any city in the country. We have been excited, because of the reputation that Meridian has built that extends outside the walls of even Idaho. On behalf of my family I'm pleading with this Council to deny this request for an amendment to the originally approved Comprehensive Plan. I'm concerned about the safety of our children and the potential negative impact of high density homes and the commercial development in our community. This includes the newly approved elementary and city park behind our house, but most importantly I'm, obviously, concerned about the safety of our children and the traffic that will undoubtedly increase through our subdivision just three doors down from us. As you can imagine, I'm really disappointed with Brighton in misrepresenting what was happening as it was only last week that we heard about this proposed amendment or Costco entering our neighborhood. It's our request, of course, that you deny this amendment and that you keep the originally proposed Comprehensive Plan. That's all I have got. We appreciate it. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda April 17, 2018 – Page 69 of 491 Meridian City Council April 3, 2018 Page 65 of 128 Cavener: Thanks for bringing your kids and, kids, you got a lot to be proud of with your parents to be brand new in a neighborhood and come and stand up for what you believe in. Appreciate you doing it and welcome to Meridian. Speakman: Thank you. We are marginal parents with great kids. De Weerd: Aren't we all. Coles: Kathy Yulin signed up against, but not wishing to testify. Rebecca Martin signed up against not wishing to testify. Owen Barber signed up against not wishing to testify. Fred Martin signed up against not wishing to testify. At least I think that was an N. Alice Stantliff signed up in favor, not wishing to testify. Stan Stantliff signed up in favor not wishing to testify. Lynn Curvey signed up against not wishing to testify. Les Curvey signed up against not wishing to testify. Diana Stetzel signed up in favor indicating not sure whether or not she wished to testify. Rich Gardner signed up against not wishing to testify. Deborah Battaglia signed up against wanting to testify. De Weerd: Good evening. D.Battaglia: Good evening. Can you hear me? De Weerd: Yes. D.Battaglia: Good. I'm Debbie Battaglia. I live at 4212 West Wolf Rapid Street in Meridian. I'm one of those people at the corner of Assisi and West Wolf Rapids and people do regularly blow that stop sign. De Weerd: Can you speak up a little bit more. D.Battaglia: Okay. Is that better? De Weerd: That is awesome. D.Battaglia: Can you hear me now? Okay. I am one of the people that lives at Assisi and West Wolf Rapids and I do know that those stop signs are totally disregarded, as well as the speed limits and that's generally every day. We just watch it go through. Part of the problem is that that stop sign is not visible until you are right on top of it. Anyway, what I did was get onto the Costco site, pull the list of new Costco locations in 2016 and 2017 and, then, got onto Google Earth and looked at those locations. I have pictures of them if you would like me to submit that. I don't know that Google Earth is current as to what's open now versus what was there when they took their picture. So, I'm just asking you to look at this site and location. In the last two years I did not find one with a residential neighborhood around it. I found one where across a four lane divided highway there was a residential area. Overwhelmingly these were located next to an interstate highway. They were surrounded by four lane state roads and city roads. They are located in large vacant areas or in developed commercial, industrial, or Meridian City Council Meeting Agenda April 17, 2018 – Page 70 of 491 Meridian City Council April 3, 2018 Page 66 of 128 business parks and I think that this shows that there is a business model that Costco follows that allows them to be profitable. It allows for the movement of traffic in and out, so they get more people into those stores. People don't get frustrated trying to get there and get out. They are saying that their normal hours for unloading a truck are 3:00 to 10:00 a.m., but here they are going to modify it to 5:00 a.m. So, in their busy times from mid October to January 1st, what is the guarantee that they will adhere to that? They have got to get trucks in, they have got to get merchandise on the shelves. It's a very busy time. So, what is the guarantee that they are not going to start in at 3:00 o'clock or 4:00 o'clock in the morning or run until 11:30 at night? What is the plan to guarantee this when they are coming up from Salt Lake and they get stopped because somebody is turned over on the interstate and they are sitting there for three hours. Are they not expected, then, to not deliver their goods at night? Does Costco not want it when they need to get that merchandise on the shelves? So, I have concerns as to how this city is going to safeguard my neighborhood from all of that noise at any time of the day or night. I do not get up at 5:00 a.m., let me tell you, I do not and I don't want to have to start getting up at that hour because of the noise. I think that their business model works well in those industrial parks, because nobody cares if they start at 3:00 a.m. Nobody cares if they are unloading trucks at 12:00 a.m. in the morning. So, what I want to know is how is Idaho -- or how is Meridian going to protect me as a resident there from a lot of that noise, that pollution? Who is going to guarantee that the trucks don't go through my neighborhood, because you can't get down Ten Mile, so let's whip up to Black Cat and go down to Franklin and get back so we can get onto I-84 and get out of here. Those are my concerns. Mr. Wardle was asked at the August 2017 meeting what is the advantage to us. His retort: You can walk. Since in 2015 the average person spent 150 dollars at Costco, what are the chances people are going to walk? De Weerd: Can you summarize. D.Battaglia: Yes. De Weerd: Thank you. D.Battaglia: The Kittelson's traffic study notes that Costco has found they need about 800 parking spaces to operate. This site proposes 825. There are proposed to be -- proposed to be ten additional businesses and it was stated at the last meeting that Costco has no problem sharing their spaces with these ten other spaces -- businesses. If Costco needs 800 spaces, what is there to share? De Weerd: I'm sorry, I'm going to have to cut you off. D.Battaglia: That's okay. Those are my questions. De Weerd: Council, any questions? Cavener: Madam Mayor? Meridian City Council Meeting Agenda April 17, 2018 – Page 71 of 491 Meridian City Council April 3, 2018 Page 67 of 128 De Weerd: Mr. Cavener. Cavener: I know that we will probably get to an opportunity for discussion, but I appreciate when a concern like that comes and ask of Council and so I guess I would ask either Officer Colaianni or Bill Nary, should a code violation like that occur, a violation of the DA, what course do our citizens typically take? Nary: Madam Mayor, Members of the Council, Council Member Cavener, so the first thing would be -- that would be a development agreement requirement. So, that would be a contractual agreement with Costco on how their hours of operation are done. The enforcement that is done through our Police Department, through the Code Enforcement Division, when there are violations that occur. So, there is a pretty rigorous process we go through. We deal with a lot of businesses that have those types of issues or concerns and so we have a fairly good system in working through those problems and getting those businesses into compliance when they are out of compliance. We have a pretty active -- both with the Code Enforcement section, as well as our Patrol Division in making sure those conditions are met. So, we have dealt with that before and been fairly successful. D.Battaglia: Okay. So, who initiates that? Do residents have to, then, start complaining? Is that what initiates that or how does that occur? How does that process start? De Weerd: I can guarantee that's how it starts. D.Battaglia: The citizens complain? Nary: Yes. De Weerd: Uh-huh. D.Battaglia: Okay. So, it's up to us to police that? De Weerd: Oftentimes that is the only way we find out. D.Battaglia: Okay. De Weerd: So, we have a Walmart that is right up against a neighborhood and they will let us know. It's very infrequent, but when -- when they do call we send code enforcement out, we take the report and, then, we work with a store manager and generally it's always addressed. D.Battaglia: Okay. De Weerd: So, thank you for those questions. Meridian City Council Meeting Agenda April 17, 2018 – Page 72 of 491 Meridian City Council April 3, 2018 Page 68 of 128 D.Battaglia: Thank you. Coles: Pam Koch signed up against, but not wishing to testify. Joann Howe signed up against not wishing to testify. John Howe signed up against not wishing to testify. Dan Jacobs signed up against not wishing to testify. Sharon Condon against not wishing to testify. Michael Condon against not wishing to testify. Brint and Ladonna Overhott signed up against not wishing to testify. Matthew Gregery signed up against wanting to provide testimony. Gregery: Good evening. De Weerd: Good evening. Yeah. You're going to have to bend over on that one. Gregery: My name is Matthew Gregery. I live at 5930 North Botticelli Avenue. I'm actually a neighbor to Shane, with all the kids, I'm his neighbor. So, wee back up to the park. Keith Bird Park. I have three children. Elisa eleven. Abigail eight. And Andrew five. And they go right out the backyard into the park and it's a very safe place for them and that's -- that's why we bought there. My concern, obviously, is with the increased danger relative to the traffic that, obviously, will come to Lost Rapids, the high density housing that was not proposed to us when we bought the property and paid for the home last summer. So, that's -- that's an obvious concern that I hope you guys take to heart. It's legitimate. You know, it just seems to me like there is so much land out there in north Meridian that this thing could really go anywhere else. I have never seen a Costco right in a residential neighborhood like that. If it has to stay I guess my request would be that, you know, we look to -- to compromise a little bit here. You know, you asked about some solutions earlier in the evening. I think the access to Lost Rapid Road from the -- the actual commercial parking lot needs to go. I think the high -- high density residential housing needs to go. That would solve a lot of my personal concerns and I think others that live around me. There has to be in this day and age with construction and engineering a way to get traffic in and out when you have got two main roads to work with versus a neighborhood street that is Lost Rapids. So, those -- those, I guess, are my -- just one last thing. We -- we -- I have family in Nampa and Caldwell and south Meridian. We recently moved into this community from another state and we -- but we visited here many, many years, summers and holidays and all that, and knew that if we had a chance to move we would move into Meridian because of the culture, because of the -- the feel, the sense that you folks represent and care about the community and the residents and I think that if we approve this the way it is we compromise that a little bit. So, I just want to share that with you. De Weerd: Thank you. I don't see any questions. Thank you. Coles: Linda Carlson signed up against not wanting to testify. Christine Peterson against not wishing to testify. Don Carlson against not wishing to testify. Stephanie Howe against not wishing to testify. Rick Howe against not wishing to testify. Sarah and Mike Uberuaga against not wishing to testify. Jonathan Kinowski against wishing to testify. Meridian City Council Meeting Agenda April 17, 2018 – Page 73 of 491 Meridian City Council April 3, 2018 Page 69 of 128 De Weerd: Good evening. Kinowski: Good evening. My name is Jonathan Kinowski. My wife and I reside at 356 West Heston Court, which is in Paramount. Obviously, in Meridian. 83646. Madam Mayor, Members of the Council, my wife and I wrote you a letter last month opposing this application and defending the city's Comprehensive Plan as it is today. I was asked to read that letter tonight, but it would take longer than three minutes, so I will focus on our concerns for the Comprehensive Plan and I have said this before on another project right up the road. Meridian is at a critical decision point. It can continue its old ways of growth for growth's sake in zoning by project or go forward in a new way that allows for smart, elegant growth while protecting the quality of life of its residents. A comprehensive plan either sets requirements to be met or just offer suggestions. If the Planning and Zoning Commission and the City Council don't hold developers to the requirements of the Comprehensive Plan, then, it becomes just suggestions honored rarely, if at all, in which case what's the point? Why have a comprehensive plan? It is the role of the P&Z Commission and the Council to exercise the self discipline to say no to applications asking the city to violate the Comprehensive Plan, regardless of how much road money they offer. Road money they are going to get back, so it's not really that much of a gift. Many residents as you saw the hands and as you have heard of the nearby communities read the Comprehensive Plan before purchasing their homes. They trusted the city would enforce its plan and thereby protect their homes and neighborhoods from unsightly commercial development. They looked forward to having nearby shops and services scaled to serve their communities, not the entire region. The applicants are asking you to violate that trust so they can build what they want to build, even though their proposal is contrary to what the Comprehensive Plan requires and they have offered no rationale to justify overruling the plan. That is wrong. It is wrong for them to ask for it. If they cared about Meridian they wouldn't be asking. They would look for a site that is zoned properly under the existing plan. It will be wrong for you to grant it, because you will break faith with those who trusted you to protect them and their homes. Back to that critical decision point. Is Meridian going to grow and grow and grow, becoming just another ugly burb like southern California, all traffic congestion and strip malls, or can the city's leaders find a way to accommodate growth, while demanding high standards in design, architecture, traffic flows and livability as envisioned by the Comprehensive Plan? If you make the wrong decision it won't be good for Meridian. If you make the right decision nobody is going to say, well, boy, Meridian is a dump. They don't even have a Costco. De Weerd: I'm sorry, your time is up. Kinowski: Okay. Thank you. Coles: Pam Brown signed against not wishing to testify. Lily McDaniel signed up against, not wishing to testify. Eileen Virbane signed up against not wishing to testify. Suzanne Landon against not wishing to testify. Roger Nielson in favor not wishing to testify. Michael Giusti against wishing testify. Sorry if I mispronounced that last name. Meridian City Council Meeting Agenda April 17, 2018 – Page 74 of 491 Meridian City Council April 3, 2018 Page 70 of 128 De Weerd: He was close. Giusti: My name is Michael Giusti and I live at 5786 North Joy Avenue, Meridian, in the Bainbridge Subdivision. I want to point out this picture doesn't really -- I think it was you, Luke, that mentioned the traffic patterns in there. That picture doesn't really show. There is access off of Black Cat into Bainbridge Subdivision. There is going to be a subdivision behind Bainbridge and I can tell you that people are going to cut through Bainbridge Subdivision to get to Costco. They are not going to go down -- all the way down Black Cat to Chinden and turn and their traffic pattern only showed that flow. So, I want to make sure everybody understands that there are multiple accesses in and when people are talking about traffic patterns in the subdivision, that's what we are talking about. The other thing I want to just mention is that we have a traffic problem period. I mean I think everybody knows that. But when we have roads that go to two lanes and, then, go to one lane and, then, open up -- up again in two lanes, it does nothing but cause a traffic jam. I go down Chinden every morning and I can see people speeding up to pass people, try to cut in at Linder and Chinden and trying to get off and I can count on both hands the number of accidents that have been at Chinden Road and Linder. So, I mean if you're going to grant something, make the roads first and make them correct all the way through, so there is no traffic problems. So, I'm against. Questions? De Weerd: Thank you. Coles: Kathy Stone signed up against with no indication of testimony. Art Stone against, no indication of testimony. Jasi Packard against, no indication of testimony. Packard: My name Jasi Packard. I reside at 6719 North Levenham. De Weerd: Thank you. Packard: I'm in the Spurwing community. I wrote a letter. I wasn't intending to present, because I'm not -- one of my biggest fears. But I feel strongly this is something I need to speak to. I was actually raised here in Boise, Idaho, and I went to school at the University of Washington. I actually lived in Issaquah where Costco is headquartered. Traffic is disastrous as you all know. Seattle has terrible traffic and I don't want Meridian to make that same mistake. I returned to Boise -- or returned here as my hometown, because I wanted to raise my family. We chose Spurwing because it was a quaint environment and I'm listening to these stories of folks that live in Bainbridge, they are going to be even more impacted than myself. I have a young family and I feel strongly this isn't the right development or property for this size of a project. I, too, went onto Google Maps, even though I work for Microsoft, and I looked at all of the -- I looked at all of the -- the Costcos and none of which in the Seattle area -- to the area are in a residential area. Predominantly there is commercial. The -- the primary one is in Sodo district, which is all industrial. It's going to be a traffic madhouse. I hate traffic. I -- that's one of the reasons why we moved here and I feel like Seattle -- or Meridian has Meridian City Council Meeting Agenda April 17, 2018 – Page 75 of 491 Meridian City Council April 3, 2018 Page 71 of 128 an opportunity to try to change the tide. It is bad, but it doesn't need to get worse. I hear all the safety concerns and echo them as well, which is why I'm standing in front of you and I'm hearing a lot of these plans altering and changing and trying to compromise and I have heard also that the only other Costco -- there is only one that is a residential area and my worry is that Meridian is going to be the second and make that really bad mistake and create a third and a fourth and a fifth and I hope that this is an opportunity that we can change that and there will only be one and so for all those reasons I stand before you super nervous on the record, but I hope that you guys can listen to all of our concerns and, please, deny and reject. Thank you. Any questions? De Weerd: Jasi. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just because -- De Weerd: Jasi, I think we might have a question. Palmer: No. You're okay. De Weerd: Oh. Palmer: Just -- you know, since there has been talk of using Google Maps and -- and how this could be only the second one in a residential area, in about five minutes just searching -- I looked through -- even in Idaho there is a few that are in residential areas, but -- Packard: Predominately residential? Palmer: Many -- many through Utah, many other states. I found dozens that were -- dozens that were adjacent to residential areas and many of those were on multiple sides. Packard: Okay. Palmer: Certainly this is more surrounded than -- than a lot of those, as they do have highways next to them and whatnot, but this also has a state highway next to it, just -- Packard: May I ask a follow-up question? I don't -- De Weerd: Sure. Meridian City Council Meeting Agenda April 17, 2018 – Page 76 of 491 Meridian City Council April 3, 2018 Page 72 of 128 Packard: My question is is -- I think that that's probably the case, but my question is of those examples what ones were predominantly residential from the get go and, then, added Costco. Palmer: Madam Mayor, if I could field the question. This is cool. That was one thing that I was specifically looking for was does it look like it's new apartments that are right next to it or is it homes and -- and I don't know how -- I mean I was just zipping around while trying to also listen to testimony, but in many of those it was clearly very established -- Packard: Okay. Palmer: -- neighborhoods, I'm guessing, you know, '60s to '70s when they were built. But there were many that -- that were surrounded by new residences, as this proposal before us, not only with the ones that were there before, but, then, it looks like probably things that were built at the exact same time, like this one would be, but -- Packard: Okay. Thank you. Palmer: Just -- not statistics, just zipping around looking at the same thing. De Weerd: We appreciate you being here. Packard: Thank you. De Weerd: Thank you. Coles: Justin Packard signed against, no indication of testimony. Tracy Tilby against, no -- has written coalition, so I'm assuming someone spoke previous for Tracy Tilby. Gene Tilby against, no indication of testimony. Carol Wanders in favor, not wishing to testify. Marcel Wanders in favor, not wishing to testify. Margie McNulty against, not wishing to testify. Amy Young against, wanting to testify. De Weerd: Thank you for joining us. If you will, please, state your name and address for the record. Young: My name is Amy Young. I live at 6993 North Portbush Place in Spurwing Greens. De Weerd: Thank you. Young: My husband and I moved in to Meridian three and a half years ago. We bought our house five years ago. A Brighton home I might add. And we feel very blessed and lucky to live in this charming area. I'm from Alaska. I'm not anti- Costco, nor am I opposed to change and growth, but this plan doesn't make any sense to me. I don't understand why we are going through all these hoops to make sure that Costco can Meridian City Council Meeting Agenda April 17, 2018 – Page 77 of 491 Meridian City Council April 3, 2018 Page 73 of 128 cram a warehouse into this neighborhood area. The location that the Costco representative stated that they chose at Ten Mile and Chinden, because it is an equal distance from their store in Nampa and their store in Boise. If you take the triangle theory that they have and you flip it, you will find that it lands nearer on Ten Mile and Franklin. That location happens to be approximately nine miles to both current stores and only four miles from Ten Mile and Chinden. That location is for sale. I believe it is also zoned correctly. That location doesn't have any neighborhoods or parks that a warehouse like Costco would have a negative impact on. That location has multiple four lane roads, is close to I-84, and has much less congestion than the three prong Ten Mile and Chinden intersection. In the City of Meridian strategic plan adopted May 2015 and amended January 2016 it states: Preserve and protect land use and zoning plans to promote certainty and predictability for future development within the adopted area of city impact. And under strategic focus areas for growth, good growth fuels a city. Meridian will promote growth that enhances its vision and family focused, properly planned, financially viable and diverse and that for a community to prosper it must be safe, secure, and healthy. Putting a giant warehouse, gas station, and parking lot in at a location that cannot absorb the additional traffic and on top of the very neighborhoods that were built with no transparency from Brighton as to their future plans, is not good growth, family focus, safe, secure or healthy. It doesn't matter how pretty they try to make it look, it is not a good fit. There are at least two other locations that make sense for Costco and are a much better fit. Please vote in favor of quality of life and safety for the citizens that you represent who will be most impacted by this decision. A win-win is possible. If Costco truly wants to be a good neighbor, respect and compromise would be a great start. One last thought. The only people who get upset when you set boundaries are the ones who benefited from you not having any. Thank you. Coles: Susan Barber signed up against, not wishing to testify. Owen Barber against, not wishing to testify. Donna Smith against, not wishing to testify. Val Daigle against, not wanting to testify. Bill Betts against, not wishing to testify. Richard Esley against, not wishing to testify. Ralph Grenick against, not wishing to testify. Berry McCaihill against, not wishing to testify. Cindy Bateman against, not wishing to testify. Mike Dunlap in favor, wishing to testify. Dunlap: My name is Mike Dunlap. I live at 5256 North Cougar Flat, Meridian. 83646. De Weerd: Thank you. Dunlap: The thing that gets me, I sit back and I watch, all -- everybody in this room knows this statement: Change is coming. Well, if you drive around the Meridian area it's here and it's really taking over. The thing is, every corner you go around, every road you go down in the city you find land being torn up for houses or apartments. These people are going to need jobs. You can't have housing only and no jobs for them. Costco will come in here, they said they would -- roughly when they are done they would have 227 jobs, steady jobs, to maintain the store. If you sit down and figure that out, the income, the paychecks, will be around ten million dollars a year. That's a lot of money to bring into a community. It's an awful lot. There is a lot of people out there Meridian City Council Meeting Agenda April 17, 2018 – Page 78 of 491 Meridian City Council April 3, 2018 Page 74 of 128 living from paycheck to paycheck, wondering how they are going to make it next year when the taxes go up or they are wondering how they are going to send their children to college. Costco, for one thing, wants to improve the road system around here. The road system -- if you're waiting for the county or the state to do it by 2022, I don't think you will see the money and you won't see the road improved by them at all. Costco is willing to do it now. The reason I would say let them do it now -- I used to bid jobs for construction companies. In Arizona we were asked to build -- or bid a job there. Six months of planning, we came up with 200 million dollars. Through land acquisition the state couldn't produce the land for us to build it, so they pulled the project. Four years later they asked to build -- bid it again, which we did. The best we could do was 260 million dollars. It had went up 15 percent every year for four years. Costco will build these roads now and intersections at the day's prices. If you wait four years you better plan on adding 60 percent to the bid price. There is no is and or buts about that. I have worked too many construction jobs. It's going to cost you more and when that day comes, the county or the state is going to say we don't have the money. You better take what you -- my dad used to have an old saying -- some of you people have probably heard it. Don't look at gift horse in the mouth. They are offering you good wages, a lot of money into the community, and help you with the roads now at a cheaper price. Thank you. Any questions? De Weerd: No questions. Thank you. Coles: Mike Dunlap -- oh, excuse me. We just finished with Mr. Dunlap. Timothy Parker against, wishing to testify. De Weerd: Oh, you still have energy. This is awesome. It will give you energy to bend over to speak into the mic. Parker: Yes. Mayor, thank you. City Council, great to be in front of you. I was the second person in this room and I'm like one of the last, probably, you might hear from tonight weirdly. I'm going to cut to the chase and get to the end -- De Weerd: Well, if you will cut to the chase by telling me your name and address. Parker: Oh, sure. Timothy Parker. 6955 North Moon Drummer Drive inside Spurwing Green. De Weerd: Thank you. Parker: Resident as of January 2016. Minus nine degrees when I moved in. You find out who your friends are real fast. I'm about kicking the can down the road to some place and the infrastructure that's already available. It's -- we heard it from two testimonies ago. It's there. I'm not against jobs. We need all kinds of jobs. And we are just talking about kicking the can down the road into an infrastructure that's already in place to take those jobs there. I feel hoodwinked. I feel bamboozled. I feel misrepresented and my frustration falls to you and my neighbors are here tonight with Meridian City Council Meeting Agenda April 17, 2018 – Page 79 of 491 Meridian City Council April 3, 2018 Page 75 of 128 me. My financial ascension in life was not ordained to me. I fought for every dang nickel. I -- I have drudged and I have done everything I can to live in a place like Spurwing. I tried to do the best due diligence in my life in 30 years working professionally. I worked for a Fortune 50 company. I'm an entrepreneur and I don't take decisions that I do in my life lightly, without good research. There is nothing in front of me that said, hey, you know what, they are going to park a Costco warehouse -- and let's not kid ourselves what it is. Costco will tell you right there. It's a warehouse. You want to find one, go to the website find a warehouse. To me this is an unprecedented ask to stick this shoe horned across the street from such valuable current residence in the jewel of the north end. I could have moved anywhere. My realtor told me, Tim, you got to go to the north end, man. That's where it's happening. That's where you're going to be invested and you're going to be protected. I opened my Spurwing life the other day in March when I put this spreadsheet together. 1.8 million. 1.4 million. 529,000. 899,000 dollar home. 769,000 home. 469,000 home. 779. 1.089 million. 569,000. 368,000. 469. 1.298 million. 579. 345,000. 419,000. 940,000 dollars. You throw out the high, you throw out the low, that's 748,000 dollars in residential real estate property. I'm one of those. You throw out the high and the low, 323 percent premium to the median home in -- in Meridian. You look at where these Costcos are -- and Councilman Ty, I have gone to Google Maps as you have. I spent two hours clicking. There are some around residential areas. When you look at Zillow inside some for sale properties, inside there, you know what they trade at, they trade at the median price home. That's what surrounding Costcos, the median price home. I believe this is unprecedented to ask by a developer in Costco to place a warehouse in such proximity to such premium -- premium real estate. De Weerd: Mr. Parker, you need to summarize. Parker: It's a terrible precedence that can go beyond this meeting tonight to other communities. I'm asking you kick this can down to current infrastructure, but not on the north end, not in this location. Thank you. De Weerd: Thank you. You're good. Parker: Thank you. Bernt: Madam Mayor? De Weerd: Oh, you're not so good. Mr. Parker, I think you have a -- Bernt: Mr. Parker, I just love your energy. But I -- it's a breath of fresh air. Appreciate you coming this evening and testifying. Thank you for your -- your energy. Parker: This is a great country. We can do this. We can have this conversation -- Bernt: I completely agree. Meridian City Council Meeting Agenda April 17, 2018 – Page 80 of 491 Meridian City Council April 3, 2018 Page 76 of 128 Parker: -- here. Bernt: Thank you. Coles: Fred Smith against, not wishing to testify. Rick Burke against, wanting to testify. Parker: Seven hundred dollars right here. Burke: Good evening -- De Weerd: Good evening. Burke: -- Tammy and Council. My name is Rick Burke. I resided at 6092 North Santa Rita Avenue, Meridian. 83646. I just want to throw in my two bits worth and let you know I am opposed to this development on a lot of facets, be it air quality, water quality. Quality of life is the big issue for me. My wife and I were approaching -- I'm just about ready to retire. I finally got her retired. We have got a nice house up in Irvine Meadows Subdivision, which is just north of Lost Rapids. It is a small subdivision, still under development. If I had had an inkling a year and four months ago that we were going to have a large warehouse development flopped within about a third of a mile from my house, I would not have moved where I did. I would have stayed in southeast Meridian area and just dealt with driving to Costco, instead of Costco coming to me. I would prefer that kind of activity anyway. The current two Costcos in the valley, they are more than adequate as far as getting to and from. They are packed. They are doing a good job. I like Costco, but I don't like them in the backyard. Unfortunately, I have to use that backyard principle. You know, I look around as I'm -- you know, as everyone's testifying and I'm noticing people are looking at their computers, texting phones. This is my three minutes and I want you all to pay attention and listen -- listen to us all. I'd like to ask, Mayor, if it's okay to ask if there is -- all those folks who are in favor of this development to raise their hands. I don't see too many. How about those opposed? Quite a few. Mayor Tammy, Council, any questions? I'm about done. De Weerd: No. Thank you, Mr. Burke. Burke: Thank you. Bernt: Thank you, sir. Coles: Barbara Badigian signed up against, not wishing to testify. Leonard Badigian against, not wishing to testify. Janis Hickey against, not wishing to testify. Michael Arnold against, not wishing to testify. De Weerd: You can change your mind. Come on up. If you will, please, state your name and address for the record. Meridian City Council Meeting Agenda April 17, 2018 – Page 81 of 491 Meridian City Council April 3, 2018 Page 77 of 128 Arnold: Okay. Michael Arnold. I live at 972 West Bacall Street in Paramount. I would just like to go ahead and read this. I get a little nervous, so it's easier if I just read it. As a resident who has participated in this process for some time now, I find it frustrating that we who are asking the city to uphold the Comprehensive Plan are often viewed as negative, since we have to frame our requests using such words as deny, reject, prevent or block the action, while those who are asking to go against the Comprehensive Plan use phrases such as move forward, approve, develop and expand. The most misleading word in this entire thing is amendment. The amendments applied for here tonight are not really amendments. They are asking you to completely scrap what the Comprehensive Plan had intended for this area of Meridian. Developers are actually asking you to reject the Comprehensive Plan and the future land use map. They want you to deny residents the peace in their neighborhood and the safety for their families and children. They are asking you to prevent Chinden from becoming the east-west corridor it was meant to be in search of profits. They are asking you to do it and to clog -- they are asking you to clog it with commercial shoppers at the expense of the daily commuters. We are asking you -- and the vast majority of people that have spoken here tonight are asking you to uphold the Comprehensive Plan. We are asking you to move forward with smart, responsible growth. We are asking you to make land use decisions consistent with what we, the residents, have come to expect when we purchased our homes in the communities. Going from mixed use commercial to commercial is a drastic deviation from the Comprehensive Plan. If property would like to be annexed into the City of Meridian it should follow the guidelines. The land use decision to annex and zone property to allow a regional warehouse carries the implications that have not even been planned for by this Comprehensive Plan in the past and cannot be done without a huge impact for not only the surrounding residents, but anybody who uses Chinden. So, please, carefully weigh whether this is the right move for Meridian, because once it's done it cannot be undone. This is a big decision and we are asking you to be serious and give serious consideration to the concerns of all the residents that have come before you tonight. Thank you. Bernt: Thank you. De Weerd: Thank you. Coles: Linda Arnold signed up against, not wishing to testify. Leslie Gordon signed up against with no indication of testimony. Rick Gordon against, no indication of testimony. Marsha Dennis against, no indication of testimony. Denise LeFever against, no indication of testimony. De Weerd: Good evening. LeFever: Good evening, Madam Mayor, Councilmen -- or Council Members. My name is Denise LeFever. I live at six -- 6706 North Salvia Way, Meridian, Idaho. Spurwing. Sorry. I'm a little -- a little tired right now. Anyhow, we will start here. Right here we show that this is R-8 and mixed use and this was parcel specific per resolution 08624 Meridian City Council Meeting Agenda April 17, 2018 – Page 82 of 491 Meridian City Council April 3, 2018 Page 78 of 128 that it was mixed use. Can we flip that? Oops. There we go. Try to get it to work. Right here -- there we go. The way land is developed makes a difference to buyers. People buy neighborhoods. Sorry. Home builder David Turnbull, owner and CEO of Brighton Corporation, said in his 27 years in construction he can't remember seeing -- De Weerd: You want to pull -- LeFever: He can't remember seeing such low inventory rates. That's caused an increased demand in new home market Turnbull said. I expect continued high demand, Turnbull with Brighton said. What's changed since the August 2017 comments? Home prices hit record highs as inventory drops to record lows. Right here during the Planning and Zoning Committee -- Committee it was commented who would build next to U.S. 20-26. Well, there is a lot of really nice neighborhoods as you can see in red. It was also brought up who had built on a hard corner. Well, CBH Homes has and its right smack dab on a corner and the houses are selling. This future use map right here shows all these areas that haven't been developed out yet that are all mixed use in the future -- in the future land use. The city zoning -- all the white right there shows land that's available. Right here 139 properties are available throughout Meridian for commercial development. So, what does all that mean? That means there is land available that can be developed for Costco, for commercial pads. Fifty-five and senior citizens, there is 21 developments north of I-84. The need's already been met in our community. Right here this is what everybody is talking about. This was supposed to be an expressway per Community In Motion 2040. School bonds passed 95 million on -- 60 million for a new high school in the area, 16 million for a new elementary, two private schools down the road. Schools are taken into account for new residential. Right here the state is funding infrastructure, fixed funding -- funding area 27.5 million to IDT. Gas tax increased just recently 16 cents per gallon. Millions in surplus fund eliminator -- eliminator fund. Online retailers to pay sales and use tax estimated 22 million to 37 million a year, with one percent going to fund roads. Right here we have the surplus eliminator funding Eagle to Locust Grove. Approved for funding Star to Linder. Partially funded Locust Grove to Star for the engineering work. Right here a hundred percent income producing properties. For the applicant this is just business. For the surrounding property owners this is their home, community, neighborhood and quality of life. Oops. Wrong way. And to wrap it up, it is clear Brighton and David Turnbull have done wonderful things for the community and have been knocking it out of the park building Meridian. Great job. Consistent with continue knocking it out of the park by developing based on the future land use map R-8 designation, which is consistent with the existing beautiful residential areas, assist DFI in developing the 15 acres of mixed use land in a manner we can all be proud to call our community. Trevor, DFI, worked with the neighbors as you have done on other projects and were complimented by the City Council not that long ago. In closing, just deny this application and protect the surrounding users' rights to enjoyment and access to their properties. Let people know the following matters. The Comprehensive Plan, the future use land map -- De Weerd: Denise -- Meridian City Council Meeting Agenda April 17, 2018 – Page 83 of 491 Meridian City Council April 3, 2018 Page 79 of 128 LeFever: -- and zoning. Okay. De Weerd: Thank you. Council, any questions? Thank you. And this isn't unusual for you to still be here, so -- LeFever: I'm tired today. De Weerd: This is one member of our public who comes every single week. LeFever: Well -- and -- and I do believe in the Comprehensive Plan and I have spoke on behalf of developers for the Comprehensive Plan. I do strongly believe it's a good plan, especially the North Meridian Plan. So, I would really like to see us uphold the plan and stick with it. De Weerd: Thank you. LeFever: Thank you. Coles: Michael Meuret in favor, would like to testify. Meuret: Madam Mayor. De Weerd: Good evening. Meuret: Good evening, Madam Mayor, Council. You have, obviously, saved the best for last. Thank you. My name is Michael Meuret. My office address is 1210 East Fairview Avenue, Meridian, Idaho. I own a home at the corner of Meridian and Chinden and I own a business at the corner of Linder and Chinden and I would really just like to start by saying, you know, I think as the saying goes, a rising tide lifts all boats and in this case I do believe that Costco is the tide and I know a lot of this is going to be a tough crowd to convince that, but I do believe my neighbors and I need shopping and services like Costco nearby to reduce traffic, not only in this area, but on the other communities where we are traveling to get to our services. Home values. I keep hearing, you know, obviously, a lot of concern about the home values and I -- I can appreciate that concern, you know, again, I'm a homeowner in the area, but I don't believe convenience is going to hurt our home values. I think home values will be impacted no more or less than those communities with similar developments that we are currently frequenting. We need the develop -- the improvements to Chinden that this development will bring now. If we wait for ITD -- I heard some people making estimates, but the actual number is 2027 when this section of the road will be improved, because ITD will be doing it every other year between State and Chinden. They will start at Eagle and -- between Eagle and Locust Grove in 2021 to '22. Then 2023 will be Linder to -- or not Linder. Excuse me. Locust Grove to Meridian. Meridian to Linder. Linder to Ten Mile. You guys can do the math. It's just every other year. Sorry. But, anyhow, this development anchored by Costco, as others have testified, it is a special Meridian City Council Meeting Agenda April 17, 2018 – Page 84 of 491 Meridian City Council April 3, 2018 Page 80 of 128 business. As I said, I believe it's the tide that helps our home values. It helps wages in the area. It helps the traffic. It helps ease traffic on other communities. But it will bring shopping -- other shopping that the neighbors in the area can bike to. I know everyone is saying we can't go to Costco and bike. I agree. If you're going to get a coffee or a hot dog, you will ride your bike to Costco. But Costco, the type of business it is, will bring businesses just like -- well, honestly, actually, it's -- well, let me. I'm getting scatterbrained. Sorry, guys. It will bring businesses that we can bike to. It will bring jobs to our neighbors and to our children, my children, that they can walk to and all the while reducing traffic again on those other communities that our children are currently driving to to get to work. You know, this development will help neighbors, businesses like my own, and I -- De Weerd: Can you please -- Meuret: I will wrap it up. Yeah. I'm going to summarize it real quick. One last thing. I was going to make a comment. I know a lot of people seem surprised by Costco, but I built my business Einstein's Oilery, and it's going on six months. It was a couple of years -- three years, four years in the making, and I went to this area knowing Costco was coming to this area, you know, so that three to four years was even before I built my home in the Castlebury area. So, anyhow, that was it. De Weerd: Thank you. Meuret: I'm, obviously, for it. Thank you. Coles: Was there anyone that signed up that would like to testify that I failed to call? De Weerd: That's usually my question. Thank you, Mr. Clerk. Coles: Very good, Madam Mayor. That was all the sign-ups. De Weerd: Yes. In the back. Yeah. We will get to all of you. But in the back if you want to come forward. Good evening. Gillaland: Good evening. My name is Michael Gillaland. I live at 3319 South Island Fox Avenue, which is in Foxtail right -- right off of Chinden and Linder and I am in favor of the project. I have lived in a lot of places around the country, 17 states as a matter of fact. This is my home. This is where I plan to stay. And I was not disillusioned when I relocated from another subdivision three miles from where I'm at now to think that all these vacant fields would not be developed at some point. In fact, I'm about probably 300 yards from the Fred Meyer loading docks and gas station and I don't hear any noise, any issues with them loading or unloading trucks in that area and I can sympathize with a lot of the people that are against the project, because I think the Council should consider a lot of the issues, in particular the safety issues and the traffic safety issues. Pedestrian. Would be concerns of mine. So, I think there needs to be assurances that those things are taken care of. But I don't think that Costco is going to Meridian City Council Meeting Agenda April 17, 2018 – Page 85 of 491 Meridian City Council April 3, 2018 Page 81 of 128 be bad in the long run and the fact that they are willing to put out the money to start widening the roads and taking care of the traffic issues is a positive thing. I have been here almost five years and most of the development at this end of Eagle and Meridian is residential. We need the other services that Costco and others will bring to the area. De Weerd: Thank you, Mr. Gillaland. Okay. Next time you have to hop up sooner. Good evening. Nanez: Good evening. Hi. My name is Sarah Nanez and I am a resident in Meridian, 3978 North Alester Avenue. 83646. And I am for this development. I don't understand when I hear people say that this will bring nothing to our community and that Costco doesn't offer anything to our community. I don't know when jobs is not something for our community. So, to me that alone is a huge selling point. Also I drive 15, 20 minutes to get to Costco. So, for me that there, as was mentioned before, contributes to traffic. I work for St. Luke's and I can remember when we were trying to build our buildings downtown when a lot of the residents had echoed some of these similar concerns. You know, of course, I'm biased in that I believe St. Luke's brings a lot to the community, but I think if we look at the bigger picture we can see that Costco is a contributor to our community and not to make light of it, but I'm also tired. I do have children and I just don't see how this affects their safety in any way, although I understand people are asking just to kick it down the street a little ways, which they are basically saying to kick it -- you know, make it someone else's problem, but yet they are still going to shop there. I know I'm going to see a lot of you guys getting those hot dogs and pizzas and I will tell you what, I'm looking forward to taking home a warm pizza finally from Costco. Thank you. De Weerd: Thank you. Good evening. If you will, please, state your name and address for the record. Johns: I'm Tammie Johns. I live at the 3508 West Star Hollow Road in the Spurwing Subdivision in Meridian. De Weerd: Thank you. Johns: I have never been to a city council meeting ever in my life and I'm 57, so this just tells you how passionate I am about this. As a resident of the Spurwing Greens planned community and in the neighborhood directly across the street from the site being questioned, I write to express my concerns and those of everyone I know who lives in this neighborhood. First of all, we moved into this area based on the fact that it is away from any commercial property and with no common property zoned commercial. We built our home here two and a half years ago and have enjoyed the quiet area we live in. The only thing unpleasant is the amount of traffic which has increased over the past few years since Bainbridge and the remainder of Spurwing has been developed. I leave my home every morning to go to work and instead of turning left on Tree Farm to go out -- turning left on Chinden to go out to the freeway, I turn right and backtrack to Black Cat, to Franklin, and, then, onto Ten Mile Road to the freeway, saving myself ten Meridian City Council Meeting Agenda April 17, 2018 – Page 86 of 491 Meridian City Council April 3, 2018 Page 82 of 128 minutes because of the traffic. The traffic coming in from either direction, even this far west on Chinden, is terrible. To put a Costco in that spot where it will be the only commercial business on Chinden this far west would be very poor planning. Not only will it increase traffic even more, but widening the road will not have an impact in reducing traffic. It will also look awkward and out of place to have such a large commercial -- commercial building like that sitting alone in a high quality area. The only intelligent move to bring Costco to this area would be to put it close to the freeway in an area zoned commercial where residential areas are not impacted and where any residential areas going up are aware of their surrounding. To change the zoning and add a large commercial business in our area after we made the largest personal investment we will ever make and with the understanding the property around us is zoned residential, is unethical and it makes us question actions such as these made by those that we trust. These are not low income or even middle income homes, but higher priced homes, which because they are higher priced would decrease in value. That is not fair to residents. I implore you to reconsider this action, which brings no benefit to the residents closest to this proposed commercial business. And I am not against Costco. I want Costco. I think it's a great thing. But let's put it where there is access from the freeway. Highway 16 and Chinden, there are no residential areas that are impacted. Down by 84 there are no residential areas impacted in those areas where there is land available. Thank you. De Weerd: Thank you. Any -- yes, sir. Stevenson: Okay. While Sonya is bringing that up, my name is Jerry Stevenson. 6040 North Ten Mile Road. 83646. I kind of object to several things in this whole process -- the way everything has been handled in here. I have been to the highway department meeting, I have been to the P&Z meeting, and nobody seems to want listen to anything I have to say. So, I'm hoping that somebody at least acknowledges what I'm saying here. I have grown up in this area all my life. I grew up on Eagle Road when it was only a two lane road. So, I know the impact. I have watched the growth. I have been at my current residence for 30 years now. I didn't ask for all these neighbors that I have now, I just inherited all of them. So, I have had my battles with some of the developments. You know, I have had a challenge. My views have all been blocked. I have tried to limit to one story buildings, but I got -- out of six houses I only got to choose one house that would be a single story. So, there goes my views. Live directly across the road from this proposed development, so should this go through I just want some provisions made for myself, because this is kind of my last opportunity to try to speak for myself. I feel like I got my back up against the wall here. So, if it does to through I want all of the right of ways to be on the other side of the road from me. I have spent thousands of dollars improving my property trying to, you know, protect myself from what's coming down the road, so I put in a berm, put a bunch of trees. A few years ago I ended up putting in a vinyl fence, because all the traffic comes through there, all the lights and everything, so I put a six foot vinyl fence thinking that would help. Well, it doesn't help, because I can still see you over there, the trucks going by. So, if it comes in I would like to have an eight foot soundproof barrier to replace my front fence, so I would like that to be a provision. I would also like to see some kind of a Meridian City Council Meeting Agenda April 17, 2018 – Page 87 of 491 Meridian City Council April 3, 2018 Page 83 of 128 noise study be taken care of out there, because that road is extremely noisy. Summertimes especially when you have motorcyclists, everybody with windows rolling down, music blaring, you got horns honking, I mean it's not a -- it's not a fun place to live there anymore. When Walmart came in they put a pressure relief valve station right next to my house, thanks to Corey Barton development, they chose the location right next to me. I didn't get any support from Meridian. It's out of their jurisdiction, because it's a Public Utility Commission, so I had to go fight for that myself and put that on a sound barrier deal. I mean I have been in battle after another trying to protect my own interests there and so here is the last stand right now. So, people say, well you're going to make a lot of money when Costco comes in, you will be able to sell and go commercial. Well, as we have discussed with Sonya, my property doesn't qualify for anything. I don't have enough frontage, it can't be a different use. They are not going to allow any access off of Ten Mile. That means that any development has to go through a Corey Barton Subdivision to get to the back side of my property to enter that way. So, I'm trying to figure out what to do with my property should I ever -- and I was planning on doing this maybe four years down the road, but they are moving the timetable up on me, which I'm not too crazy about. So, basically, if you take a look at the driveway location policy on here, there is a violation in here that says district policy 7205 4.5 requires driveways located on minor arterial roadways from a signalized intersection with a single left turn lane shall be located a minimum 330 feet from the nearest intersection for a right-in, right-out only driveway. My driveway is less than 250 feet. So, what's that telling you? Basically right-in, right-out only? Well, I'm less than that. I can't do a left-right out of my driveway is what they are trying to tell me. Now they are trying to tell me it's unsafe. My -- my contention is the fact that I don't make these policies, so if I want to stand up this -- this illegal issue right here, I think I could say that light that's supposed to be at Lost Rapids has to be further down the road for me to get access out of my driveway. So, it's kind of a two-way street when I don't make these policies -- De Weerd: Mr. Stevenson, neither do we. Stevenson: Pardon me? De Weerd: We don't make those policies either. Stevenson: Okay. Okay. Yeah. So, anyway, I'm saying I think there is a violation in that right there. So, anyway, I'm going to move on with that. De Weerd: Well, we need you to summarize. Stevenson: Okay. De Weerd: Because your time is up. Stevenson: So, to summarize, then, I would also like to have no neon signs that I can see from above the eight foot fence on any building that's going to be put in there. Meridian City Council Meeting Agenda April 17, 2018 – Page 88 of 491 Meridian City Council April 3, 2018 Page 84 of 128 De Weerd: Sonya, can you show us where he lives? Mr. Stevenson, I'm just trying to get an idea of where you are. Stevenson: Okay. If you would bring that up. And, then, also the other problem I have had is -- is -- I mean there is -- the noise and everything from the -- just the traffic and, then, living next to all the development that's been coming on the back side of me, there is no restriction on hours of construction. They can work until 10:00 o'clock at night and start I think as early as 6:00 o'clock and, trust me, they do that, so you can't even have family over to enjoy any events there, because somebody is going to be up there with a nail gun or, you know, air compressor or something like that. So, I mean the noise is just absolutely terrible and now they are finishing up those houses, so, hopefully, that should be finished, but now we are going to be on the other side of the street repeating that whole process with trucks right across the street where that driveway is. The brakes are going to be coming in. I'm concerned about my -- exiting my particular location and if all those trucks are waiting to turn in there, I think that's going to be a backup and, then, it's -- it's already a challenge sometimes during the peak rush hours to get out of my driveway and this is going to make that even worse, even when it's expanded to five lanes. De Weerd: And is it Tango Creek that dead ends into the backside of your property? Stevenson: Yes. De Weerd: Okay. Stevenson: One of the other hazards I see in here, too, is if you take a look at that West Rapids on the east side, there are no bike lanes there and everybody violates the parking issues in there and there is always cars parked on the street. It makes it really narrow and when you put a light in there at that particular intersection, you're going -- and if it's Costco, you're going to see everybody coming all the way from Rocky Mountain High School, that development all the way through there, to cut all the way through there instead of going all the way around, it's going to affect that whole neighborhood. It doesn't affect me, but Costco is the type of a store that attracts a lot of people from a lot of areas -- De Weerd: Sir, you need to end. Stevenson: Okay. De Weerd: Council, questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda April 17, 2018 – Page 89 of 491 Meridian City Council April 3, 2018 Page 85 of 128 Cavener: Mr. Stevenson, help me -- get me caught up. I hear you -- you got a request. You want the developer Costco to put an eight foot sound proof barrier along your property that is on the other side of the road and down the street? Stevenson: Yeah. On my property -- Cavener: Okay. On your property, but your property -- I may not be seeing it right, but it looks to me -- and I don't know if you can see the same thing in front of us. The area that's circled is that your property? Stevenson: Yes, it is. Cavener: So, it's on the -- it's on the other side of the road from Costco -- Stevenson: From Costco. Cavener: -- and down the road from the entrance. Stevenson: It's directly across the street from Costco. Cavener: So, Mr. -- Madam Mayor? Mr. Stevenson, help -- because I appreciate your frustration feeling that you haven't been heard and so I really tried to -- Stevenson: Sonya, is there another drawing that you can have that kind of blows up that whole area -- I mean from the -- are there some other drawings? Cavener: So, help me -- help me understand why you feel that you need a sound proof barrier where your home -- your land is across the road and down the street. Stevenson: For the traffic issue. The noise of the traffic itself is absolutely -- I mean it's -- it's getting to a point -- I mean it's -- it's noise pollution. And so I'm just asking -- because of all the other developments in the area have got it to where the levels are right now where it is extremely noisy. I can be in my house. I would invite everybody in -- into my house to take a look at it if you want. About eight, nine years ago I actually added insulation to all my walls -- had to drill a one and a half hole and we poured insulation in there. I replaced the windows trying to prevent -- cut down on the noise. It doesn't really help a whole lot. Cavener: Okay. Stevenson: And so that's the reason I'm asking for a little protection, a little relief. I can't do anything else with my property but keep it as residential. So, at least I need some kind of relief from the noise that all of this development -- and, then, you're talking about even more with the trucks coming in at 5:00 o'clock in the morning and late at night, I think that its only right that somebody, you know, pays for that. And, then, there is also on top of a berm -- and my house is on a -- the house I'm in is over a hundred Meridian City Council Meeting Agenda April 17, 2018 – Page 90 of 491 Meridian City Council April 3, 2018 Page 86 of 128 years old. It's actually a historical house and I have restored it, put a lot of money into it, and, you know, you put a lot of work into it so it's a home, it's not just a house you want to move away from. Cavener: Madam Mayor -- and maybe a question for Sonya. And I just -- I don't want to seem naive to this, is there a -- any type of sound proofing barriers on the residential neighborhood that surrounds Mr. Stevenson's home? I guess, Mr. Stevenson, what I'm getting at is I'm just struggling to figure out why a sound proof barrier is needed for your home, when we haven't seen it -- what to me is not around any of the other adjacent area -- Stevenson: If you -- if you take a look down Chinden Boulevard, Idaho Transportation Department requires it to be on those developments. That's the reason to put those big berms -- Cavener: State highway. Stevenson: And a lot of those places have a sound proof barrier right there and the traffic levels have exceeded where they are on -- on there as well, so I guess I would like, you know, the same type of restrictions or something like that as well. Cavener: Thank you for your comments. I appreciate that. Stevenson: Any other questions? De Weerd: No. Thank you. Any other testimony? Yes, ma'am. P.Dunlap: My name is Peggy Dunlap. 5256 North Cougar Flat Court, Meridian. De Weerd: Thank you. P.Dunlap: And I just would like to address the noise thing, because I am for the Costco project and we live across from Rocky Mountain High School and we have a lot of noise. We have kids revving their engines and we don't complain. We have speakers at the school that are outside that I can hear and I don't complain. I do feel sorry for the gentleman that just spoke. I understand his situation. But I will say we have a big berm and a wall -- concrete wall between us and Linder and the school and it's not going to stop the noise. Thank you. De Weerd: Thank you. Any other testimony? Okay. Council, before we ask the applicant to respond, any questions at this point? Okay. Wardle: Madam Mayor, could we have maybe just a few minutes recess, just so that we can get our thoughts together to make sure that we address the issues? De Weerd: We, frankly, we have been here since 5:30, we would love a recess. Meridian City Council Meeting Agenda April 17, 2018 – Page 91 of 491 Meridian City Council April 3, 2018 Page 87 of 128 Wardle: Got you. All right. Sonya -- De Weerd: No. That meant you have five minutes. (Recess: 10:27 p.m. to 10:35 p.m.) De Weerd: Okay. I will go ahead and call this meeting to order and I will turn this over to Mr. Wardle. Wardle: Madam Mayor, Members of the Council, I appreciate the effort of the community, the neighborhoods to come and express their opinions this evening. But if you made your decisions only on what you have heard this evening, you would have missed a lot of information that has been provided in public support in the files and also in some of the information that I'm going to just briefly touch. We just note first that in the neighborhood outreach effort we actually made changes to accent -- access points, hours of service and delivery -- a number of issues that came forward that Costco responded to appropriately. Second, infrastructure will be first. Costco will not open until infrastructure is in place. And can we solve the entire infrastructure need? No. But we can apply tools that enable the use of funding resources to get the process started. City of Meridian has been actively encouraging the Idaho Transportation Department for a number of years to get this process going. This is the first opportunity to do so. If you, again, listened only to the testimony this evening you would have assumed that Costco has never built anything -- but I appreciate Mr. Palmer's efforts of outreach this evening. In August of 2016 in the Louisville, Kentucky, area there was a Costco built within an established neighborhood. Just two years ago. All of the homes were there. In Coeur 'd Alene residential area around that store with nice neighborhoods backing up to it. Columbus, Ohio, a very nice residential area to the back, apartments to the left. Lehi, Utah. The interesting part about this one -- it basically fits the same configuration with a major state highway and, then, local arterial roadways to the east of it. But the fascinating part was -- I think I have lost -- could you help me, Mr. Clerk, to get back to the cursor. Okay. We got it. In looking at the street view of a number of these projects I went to this particular location and found that the street view doesn't help, because all the homes that back up to this Costco were constructed after the building was there and they -- they were currently under construction at that point. In your information submitted to the city there was a letter that was addressed to Mr. Kahn that was provided also as part of your public testimony file, noting that they had moved from this very neighborhood just a few years ago to Meridian and they had found that the houses were built after Costco was operating. People still bought the houses. Costco has been a good neighbor. Worked with the homeowners. Costco has maintained a very clean area around their property and building within residential areas does occur. Toledo, Ohio. Interesting thing here the two slides show the boulevard streets that back up to that facility with the one from the west side showing the Costco in the background. If you only listened to the testimony this evening you would also have assumed that the entire neighborhood of Spurwing was opposed. This is the result -- their results when they asked the people in their Meridian City Council Meeting Agenda April 17, 2018 – Page 92 of 491 Meridian City Council April 3, 2018 Page 88 of 128 neighborhood if they wanted to -- the board to take a position of opposition or in support. In that particular effort people had to put their names on the line and so they had 36 percent of the neighborhood that expressed opposition. Neutral, in support, or not voting because of the nature of the poll, was 63 percent, which, interestingly enough, coincides with a neighborhood poll that was done anonymously and it included 448 votes with Spurwing Greens and 29 nearby and 65 percent of that neighborhood expressed support. In addition in your public testimony files you will find some letters from residents of Spurwing, one of whom talks about living in the Spurwing Greens Subdivision and in my conversation with neighbors in my subdivision the majority are in favor of the project. So, you have heard some good points this evening, points that are well taken, but would just point out that clearly there is a great deal of support within the community and within some of these neighborhoods. We had a neighborhood party in Bainbridge following one of our neighborhood meetings last summer, it was in August, and there were people that came up to our staff afterward and said in spite of what you have heard a lot of us favor the project. Now, you get the impression that Costco will sit out there as an unobstructed facility and that there will be no buffering, but we have pointed out that there will be significant buffering, much of which will be absorbed by Brighton and GFI and eventually, as noted in the simulation when all of that infrastructure is in place and the project is built out, all of the transportation facilities will function within very acceptable levels of service. I'm a little bit on the brain dead side myself tonight, but I would just conclude my comments and, then, I'm going to turn it over to legal counsel Deb Nelson to comment for a moment and, then, Peter Kahn of Costco will conclude. There has been a lot of discussion about trip generation and traffic issues. All of those concerns expressed tonight exist today. This project is going to increase capacity within the transportation system. It's going to capture a lot of the trips that people now are content to take through everybody else's neighborhoods to get to facilities and services that are not available to them in this north Meridian area. I am going to conclude with that and ask Deb Nelson -- Nelson: Good evening, Mayor, Members of the City Council. Deborah Nelson and my address is 601 West Bannock Street. I will just make a few quick points about variance, because it was raised by a couple of people here tonight and I want to add a few points in response to them. At your city code actually allows two different opportunities for you to approve the access points that the applicant is requesting onto Chinden. You have an opportunity to modify your state highway access standards without even getting into the variance standards. In UDC 11-3A-3 it allows the City Council to modify these when you have a specific recommendation from ITD. In the record you have a specific recommendation from ITD about these access points. They reviewed them in detail. They determined that they would approve them. They made a number of modifications to them by asking for additional turn lanes, all of which have been incorporated into the improvements that are planned here. They noted that part of the reason they approved them was because they were worried about the impacts of traffic on other surrounding roadways if they didn't allow these access points. They emphasized that the traffic study with these access points is acceptable from state highway access, safety and mobility standpoint. And mentioned again that maintaining safety and mobility for Idaho's motorists is of the utmost importance. So, that letter is in support. That allows Meridian City Council Meeting Agenda April 17, 2018 – Page 93 of 491 Meridian City Council April 3, 2018 Page 89 of 128 you to utilize this provision in your code to modify your state access standards. The way the city has traditionally used this is in conjunction with a variance and that also works here and the times that you have granted a variance onto your state highways is when you do have a letter of support from ITD. So, you could do it independently, but in practice you have used that and that works fine, because they do meet the standards for the variance as well and just a mile away on Linder and Chinden you approved two variances onto a state highway. You have done it a number of times in other locations on Eagle Road, Amity and Meridian and each time when you go through the variance standards you know when you have a letter recommending approval for ITD that is found that there is a safety issue that would be improved by allowing this access variance and there was a comment that there is -- there is not a hardship created here. Consistent with the findings that you have made previously, existing roads being inadequate to serve traffic has been found to be a hardship, because you can alleviate that with a variance by dispersing the traffic, having the flow dispersed to a number of roads, instead of concentrating. Another -- another set of language that you have used on these -- it would -- it would reduce congestion and protect other roadways. This is consistent with some of the comments in the record where they have asked you to allow these variances if you are going to approve it to protect Lost Rapids and, if possible, could Brian Whelan close with just a few minutes from Costco. De Weerd: Council? Cavener: Madam Mayor, I have got some questions I think for Mr. Whelan, so I would love for him to have an opportunity to provide some closing comments. De Weerd: Sir. Whelan: Thank you. Madam Mayor and Council Members, my name is Brian Whelan representing Costco. My address is 2311 West 22nd Street in Oak Brook, Illinois. I will make my comments brief, as I understand you have questions. We can address things there. I just want to follow up on a couple of things. First and foremost, we have been seeking a location here in Meridian for a third location in greater Boise for many, many years and it's been suggested by many that we should go south or we should go west. You know, this decision wasn't made lightly. We have retained local assistance. There is a local real estate brokerage firm that has helped us in this effort and we really feel strongly that we have identified a site that's appropriate for us. If you want to further -- have further questions on that I can speak to why those other opportunities don't work, but I will save that for your questions. And, then, as you can see for some of the dates of the surveys and such we have been at this for a long time on this particular site, since last summer, and we have done extensive due diligence. We would not put our corporate reputation at risk if we did not think that we could put together a high quality and safe project at this location. Many people have stressed safety issues here. Those are important to us, too, and we simply would not move forward with this project if we didn't think we could meet those standards. Lastly -- and this is just personally important to Costco, you know, the one thing that Costco has built a solid reputation on is our employment and our employment practices and it's been suggested here tonight Meridian City Council Meeting Agenda April 17, 2018 – Page 94 of 491 Meridian City Council April 3, 2018 Page 90 of 128 that our employment practices aren't up to par and that is just patently wrong. Costco has a stellar reputation for employment. Our starting -- minimum starting wage is $13.50 an hour for entry level clerks. After five years those clerks make over 50,000 dollars a year. They get extra -- extra checks for working on weekends. They get bonuses for ten year periods. It is -- it is a very desirable position. Year -- this past year we had over 7,000 job applications per Costco location. People want to work at Costco. The biggest testament to Costco's employment practices is for our employees that have been with us for more than a year our turnover rate is less than seven percent. It's unheard of in most businesses, but It's certainly unheard of in -- in the retail industry. And the last point I will make about our employment is that many times people get focused on what the pay is but as we all know benefits are oftentimes more important to families and people with children than the actual pay may be and we are very proud of the fact that of our employees that are eligible for benefits, 97 percent of them access our benefits. So, we have very high quality benefits that are eligible to be received by both our full-time and part-time employees. This is an issue that's -- I just don't want anyone, any citizen, any member, any of you to think that some way, shape, or form we would not be a quality employer for Meridian. With that I'm willing to answer any questions that you may have. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Whelan -- correct? Whelan: Yes, sir. Cavener: Thank you. Appreciate you being here. My only question at least as of right now revolves around an issue that we haven't talked about, but I recently learned about, which is that Costco is moving into the home delivery model and I can now apparently have groceries delivered to my home within 24 hours -- don't tell my wife -- and home goods delivered within 48 hours -- please don't tell my wife. So, there wasn't really any discussion about how kind of this evolution of Costco's model is going to be implemented should this store be approved and -- and I do have some concerns about delivery trucks coming in and out of this particular site location. I'm hoping you can maybe educate Council on your evolution and how that model would be implemented on this proposed sites. Whelan: Sure. So, if you followed the news you may know that Costco has been criticized for being slow to the e-commerce game and we are initiating some delivery. The way our delivery works is we do it out of our -- our depots, distribution centers. We call them depots. So, there would be none of that fulfillment coming out of this particular building. That delivery -- the Costco deliveries come from -- from our -- from our distribution centers, our depots. It's new. From what I know, the largest delivery items are the -- are the big items, the 36 packs of toilet paper get delivered, because they are hard to maneuver. But it has not impacted and we don't anticipate it to impact, Meridian City Council Meeting Agenda April 17, 2018 – Page 95 of 491 Meridian City Council April 3, 2018 Page 91 of 128 given the nature of our business, our member counts relative to how often people come and that. It's really done as a convenience item for our members to date. Relative to our delivery trucks -- Sonya, if you can pull up the site plan. One of the things that Mr. Wardle mentioned that we made some changes based upon a neighborhood meeting and one of the changes we made was to the access point off of Ten Mile Road. It -- previously we had it further north towards the -- towards the intersection and when the neighbors had questions about, you know, would our trucks be using Lost Rapids, we quickly decided that, you know, we could relocate that -- that entry point further south and, then, our trucks could maneuver that and get to the rear of our building and serve our dock that way. So, that's one of the things we changed and that -- that is anticipated to be the primary entry point for our trucks. If you will, they would enter at that point, go around the back of our building -- our dock is actually in the front of our building and, then, we anticipate that they would exit out to Chinden. De Weerd: Any other questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: This evening there has been much discussion in regard to the look of Costco. Many people have mentioned concern in regard to the warehouse look. Why are we plopping a massive warehouse in the middle of this development and so close to our homes. I received an e-mail and in that e-mail it was interesting -- we all did, actually. There were a couple -- there is a couple of Costcos -- specifically Gig Harbor, Washington, and Woodland Hills, California, where you guys need some -- create -- did some creative elevation work and you changed the look of the Costcos completely compared to what they normally are. Looking at these Costcos in front of us, they look almost like a -- like a -- like a Whole Foods type market or like a marketplace type of a look and I think it changes the complete dynamic of the look that might satisfy some of the concerns from, you know, some homeowners that are nearby. What say you? Whelan: Well, I'm familiar with both of those locations. First and foremost, we do not have a prototype. The drawings that were briefly shown in some of the elevations and pictures of the proposed development were just, you know, put in there as placeholders. We understand that we have to go through the design review process here. It's interesting, different communities have different takes. In this particular case, as you know, there is anticipated to be a 25 foot landscape buffer along Chinden, a 25 foot landscape buffer along Ten Mile and extensive landscaping within the project. In addition, there are ten other lots around it. So, from the perimeter roads you're probably not going to go to see the Costco so much. Those two examples that you spoke of -- first of all, the California locations are very urban, if you -- if you look that up on -- Bernt: Like urban. Meridian is urban. You may have cows along the urban areas, but it's very much urban. Meridian City Council Meeting Agenda April 17, 2018 – Page 96 of 491 Meridian City Council April 3, 2018 Page 92 of 128 Whelan: There is office towers next to it and those things. So, it's a different type environment. Both of those have high elevations. So, the question is is do you want a high elevation that you can see from the road from Costco or do you want something smaller, shorter, if you will, that's more pedestrian -- I'm not an architect. More pedestrian friendly, so that it's not visible from the streets. Because you're really not going to see all of it in any event. The point is is we are ready, willing to prepare to work through design review process to address those issues and, you know, I have been through enough of these that everybody -- Bernt: Sure. Whelan: -- has got a different view of what the right thing is. But we do not have a prototype and we understand that we have to go through that process. Bernt: Madam Mayor, follow up? De Weerd: Uh-huh. Bernt: I just wanted to hear that you would be willing to work, you know, in a design review process. You have done it before, so this is nothing new to you or your company. But I wanted it on the public record that you are willing -- your company is willing -- those who are helping you with the design process, that you would be willing to do something a little more creative to alleviate the warehouse look, given the fact that this product is smack in the middle of a residential, you know, area. Whelan: Yeah. Without a doubt. De Weerd: But I think because of that, I don't think our design guidelines are going to address what you're trying to achieve and so if Council has those considerations, you need to be specific. Bernt: All right. I -- I guess I would look for some guidance from fellow Council Members and the Mayor in regard to how we would word that we might want to discuss that later on. De Weerd: Any other questions while we have Costco standing in front of us? Bernt: I may have. I'm looking through it real quick here I guess. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Mr. Whelan, we had several people address the gas area issue. I just wondered if you had any comments regarding that. One, we had Meridian City Council Meeting Agenda April 17, 2018 – Page 97 of 491 Meridian City Council April 3, 2018 Page 93 of 128 several different numbers regarding potentially the number of pumps and, then, also containment type issues. If you have anything to share. Whelan: Yeah. I mean -- yes. I mean, again, we have -- we have a corporate reputation to protect. So, as you may imagine we use the -- the most latest technology. Our gas tanks are double -- double walled gas tanks. So, relative to the -- to the safety provisions, be assured that we will work with staff and they will have an opportunity to review all of that to make sure that -- that we comply, because we do comply with all -- all guidelines. The fueling facility will have 24 pumps initially. We are counting both sides of them. The stacking area for context is about 30 percent more than our existing Boise area locations and, then, just to touch on it, Sonya mentioned that initially they had a condition that they wanted our fuel facility moved. They recommended our fuel facility would be removed. The Planning Commission did not agree with that and I can speak to that briefly, if -- if you would like. The fuel facilities on the corner -- and, you know, we are not a convenience store. You know, we sell nothing else there. So, I think that staff was -- in fact, in their staff report they reference that there is no immediate access to it. Well, that's what we like. We like that it's -- we like the visibility on the corner, but, more importantly, it's -- it's optimal for our site development if -- if someone will come in from Ten Mile Road and get into the internal road in the project, they have more room -- I call it a runway to get to our fuel facility. If you make them make that immediate right turn right away, that's a potential congestion point. So, they have more room to get to our fuel facility. Same thing if they come in off of Chinden, they have more room to get to our fuel facility and, then, most importantly, when they exit they have an opportunity to -- we call it back feed to -- back feed either off of the drive that's on the north of our site or the drive that's on the east of our site. So, it's very optimal relative to the flow of -- of the overall project and how people can get in and out more easily and more efficiently to both the fuel facility and our parking area. Little Roberts: Thank you. Whelan: Uh-huh. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I found one more. And I don't know if this is for you, Mr. Whelan, or if it's for a representative from Brighton or -- or other -- another representative, but another concern that I have was -- more of -- tonight we also heard a lot of concern about the density aspect of the -- the apartment or the multi-use residential area behind Costco and would there be a way to make that less of an apartment look, but more like a townhome feel and have the niceness of -- of that -- of those units match more of the existing areas? De Weerd: I don't think Mr. Whelan is the -- Meridian City Council Meeting Agenda April 17, 2018 – Page 98 of 491 Meridian City Council April 3, 2018 Page 94 of 128 Whelan: Yeah. No. De Weerd: -- appropriate person -- Whelan: I'm not. I can turn it over to the right person, if -- Bernt: That's fine. Whelan: -- you guys are done with me. De Weerd: But anything further for Mr. Whelan while we have him up? Okay. Thank you. Whelan: Okay. Thank you. Bernt: Thanks, Mr. Whelan. Wardle: Madam Mayor, Members of the Council and Council Member Bernt, you saw in our rendering slides that the apartments along Lost Rapids are a two story townhome style. The intent is a lower profile, but stepping, and the pictures here -- well, this -- this is good. The site plan -- actually, the lower profile units along Lost Rapids with the three story behind that give a step up for additional buffering of the Costco structure to the north. The pictures that are depicted here are some in the local community along -- well, near the intersection of McMillan and Meridian Road and, obviously, then, the -- the taller three story structures. But when you talk about density, we are talking about a six and a half acre site. The depiction in the site plan on the screen shows about 109 units. We are not talking about a large scale project, but we are talking about something that provides this visual buffer stepping up from similar two story type structures that are going to be in the single family residential area immediately to the south of Lost Rapids. So, I heard the term a lot high density. Well, we -- we go to the R-40 simply because that's the only zone that allows us to get into the multi-family within a reasonable range. The depiction shown here is less than 20. We suggested in the development agreement that there would be a maximum of 24. I don't consider that extremely high density. But the purpose is for buffering on the south side of the Costco structure, stepping from two story to three story at the back. I hope that helps. Any other questions, please? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Mike, I don't know how set you are on these renderings. I'm just, to be honest with you, not really a fan of those townhouse -- the look of those townhouse apartments. I think they look like upside down snowmen with stilts. Like the top is too big for the bottom. I don't know. Meridian City Council Meeting Agenda April 17, 2018 – Page 99 of 491 Meridian City Council April 3, 2018 Page 95 of 128 Wardle: Madam Mayor. Let me just interrupt. These -- these were simply placeholders as two types of massing, not so much the design. It was to show the two story type and the three story. There is no design -- Mr. Gasser is here this evening and they would be the ones to develop that if he has something to add, but these were simply examples. These are not the designs that have been submitted and they will be subject to conditional use permit with more neighborhood meetings and Planning and Zoning and City Council hearings. Milam: Thank you. I just want to throw that out there before -- Wardle: Yeah. Understand. That's a point very well taken. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Wardle, you and your team have done I think a pretty good job of at least addressing the questions that I have heard from the public. One that we didn't get a lot of discussion on, but I'd like to have you maybe walk us through is some of the safety aspects that you guys are planning to implement. For me specifically two things. I would like to kind of be walked through where some of the crosswalk access is going to be into this project and, then, secondarily to that, we heard from quite a few residents with some concern about access coming off of -- and even Council Member Bernt referenced it -- Vanderbilt Drive and some concern that that becomes kind of a back access speedway off of Black Cat into -- into the Costco neighborhood and so -- or into the Costco development. So, I'm hoping you would be willing to at least shed some -- unlike me, you guys are much smarter on a lot of this stuff and I assume this is something you have considered and I would like to hear what your plans are, if any, related to this. Wardle: Let me go in reverse -- De Weerd: And, Mike, why -- I'm just going to add on. It was said tonight that -- that Lost Rapids Drive was not considered in the traffic study. So, as you're addressing what Mr. Cavener asked, can you also build that into your comments? Wardle: We are going to start with that question, Madam Mayor. De Weerd: Okay. Sorry about that, Mr. Cavener. Daleiden: Madam Mayor, Members of the Council. So, Lost Rapids Drive was definitely included in the traffic impact study. We evaluated that throughout the different conditions. Yeah, there is conditions as that were identified by Ada County Highway District related to Lost -- Lost Rapids Drive, as well as just the -- the traffic volumes that are on there. We specifically, through the discussions, did not -- we didn't look at the local street connection in terms of analyzing it in the traffic study. It's a lower volume Meridian City Council Meeting Agenda April 17, 2018 – Page 100 of 491 Meridian City Council April 3, 2018 Page 96 of 128 roadway. Ada County Highway District did not require that, just because of the local street to collector component, but we are aware of it. There isn't anything from -- from our standpoint right now from the analysis that would tell us that that intersection wouldn't operate acceptably as a stop control based on the volumes projected on Lost Rapids Drive, as well as the -- projected traffic associated with the other development -- other residential homes that will be built in that area to the south. Let me know if you want any clarification on that item. Cavener: Not on that piece for me. De Weerd: We will see if there is any follow up. Wardle: But the point is that it was considered. There was also a distinction made in somebody's testimony about the backage road concept collector. In all of our projects in recent years, Paramount being one of the more significant, we have these collector roadways that do carry the traffic out of the neighborhoods. In this particular case this also serves as an access to -- in this particular case residential uses primarily, because there will be a no truck -- no commercial truck through signage from the Lost Rapids commercial service drive just west of Ten Mile up to Tree Farm. So, it will be local traffic and I have -- over the years -- and I have been in this way too long -- one of the things that we can't do is solve bad driving behavior often by residents themselves. We heard this is Paramount. Our kids are driving too fast through the subdivision to get to school. Well, take your kids aside, take the keys away if you need to, do something to address the issue. But safety considerations are a concern. The Ada County Highway District noted that when they do address the question of what we call the Bainbridge North portion, the five to eight unit per acre single family project west of Costco, that they will be looking for enhanced pedestrian crossings at the location of that intersection between the park and the neighborhood to the north. So that will be a point at which people, if they happen to be walking over to the commercial area, not necessarily the Costco, other than maybe if they want the hot dog, but to the other uses, there is a way that they can cross that street. I wish we could solve all of the -- the ways that it could be violated and addressed certainly an enhanced signal -- and I would assume that that would be one of the types that we see along many of the arterials near schools currently and that's you hit the activator switch and it gives you some time to slow and, then, stop for the crossers and, then, once it goes back to a flashing red you can go if the traffic -- if the pedestrian traffic is cleared. So, that type of thing will be considered as part of this and I would assume that when the conditional use permit comes through for the apartment project that there will be such considerations there, because there is a crossing directly across the street from its entrance as well. Did I touch your -- all of your issues, Commissioner Cavener? Cavener: Madam Mayor. All but one and that -- again, I don't know if it's something you have considered, but I heard some pretty compelling testimony about concern about traffic accessing Vanderbilt off of Black Cat through the Bainbridge Subdivision. Meridian City Council Meeting Agenda April 17, 2018 – Page 101 of 491 Meridian City Council April 3, 2018 Page 97 of 128 Wardle: Sonya, can you pull up the broader picture, one of the Google Earth pictures that covers this area. Or Mr. Clerk. Cavener: I have got it pulled up if you want to grab my screen, too. Wardle: Whomever. I think we need to look at that, because it's certainly -- every one of these subdivisions is cross-connected. It's a requirement now. So, the Volterra project to the south will have several access points into Bainbridge. There will be traffic that will flow between them. Now, with request -- with regard to speeding cut-throughs and so forth, when you talked about Vanderbilt -- and this doesn't quite go over to the west. You see that Vanderbilt moves a little bit in and around. If people are looking for a fast way through -- when they get to the point that they have got a four lane Chinden, five lanes with the turn lanes, five lane Ten Mile Road, certainly improvements coming along on Black Cat, the capacity -- the additional capacity that's going to be on those systems is going to discourage some of the people that might today be making those cut-throughs, because every one of us that travels -- and I live in Ashbury. When I go to our office it's a virtual mile from Locust Grove to Meridian Road. I try to gauge it to miss the people dropping their kids off to all of the schools in that area, but still -- so, sometimes -- one of the descriptions this evening was that somebody apparently came down that dirt road in the middle of the project, because probably the two lane Chinden wasn't carrying the traffic through that signal and as a result they thought, well, I'm just going to bypass all of this. Why they would do that -- they probably saved themselves three seconds in the end. But people will do interesting things. But with regard to the way -- and Vanderbilt is a collector street. A residential collector coming out of the center of Bainbridge to Black Cat, but, then, when you get to the center of the project you have got a lot of disconnects and a lot of out of area. So, I think it's possible. I don't think it will be significant and, obviously, with the neighborhood there to police itself, there will be some revenue generated to the city I assume at some point or another through the police department. Cavener: Madam Mayor. Just a comment. And I think for -- for those in the public that testified about their concerns about speeding and traffic issues already going on in their neighborhood, I just want to commend Officer Colaianni hearing that and grabbing people as they were leaving and mobilizing around that already, because I can appreciate if I live in a neighborhood before a development potentially comes in that there is traffic issues already, we need to be addressing those traffic issues today and I appreciate Meridian police for already hopping on that, for what it's worth. Wardle: Madam Mayor, if there are no further questions, let me just make one final statement and it regards the infrastructure that's being proposed to go ahead of the project. Clearly it doesn't solve all of the problems and there will be bottlenecks down the road until ITD or some other project adds capacity to the system. But if we don't start here and if we don't start now, we are going to be waiting a decade. This starts the process and it probably will encourage ITD to start looking a little bit more clearly at let's get the system completed. I know that's certainly in your interest. The city has been proposing this for a long time. But if we don't start now we are talking decades. This is Meridian City Council Meeting Agenda April 17, 2018 – Page 102 of 491 Meridian City Council April 3, 2018 Page 98 of 128 an opportunity to get started. Appreciate the opportunity to be in front of you this evening. De Weerd: Thank you. Wardle: Thank you. De Weerd: Lieutenant Colaianni, I know that there were a couple of -- of questions or comments about safety and -- have you looked into any associated crime or any safety concerns from the Police Department? Colaianni: I'm still here. We did -- when we were looking at this project in the beginning I did have our crime analysis unit do a couple of things. One of the things we did is we went and did a four year history of crime at the Boise Costco and the one in Nampa to try and grasp what things occur, what are the police responding to, and, interestingly enough, in both locations -- and this is over a four year period of both locations -- at both locations the number one call for police services was identical and it was dogs in hot cars. Truly. But both locations there were 40 instances people called the police because they were dogs in cars. So, that was the number one call for both locations over a four year period. The second calls were welfare checks, theft, burglary out of a vehicle, theft out of a vehicle, those types of things. So, there wasn't a lot of significance in that information that they gave us, but it was stuff that you would typically see anywhere else. We get those types of calls all sorts of places. We also had them look at the crashes that we have had along Chinden over the last three years and the top three intersections for crashes right now are Meridian and Chinden. This is for us. Locust Grove and Chinden, and Linder and Chinden. Those at the top three. The reasons for the crashes, the top three, are following too close and inattention and distracted driving, which can encompass texting on the phone, a number of different things. De Weerd: Thank you. Mr. Borton. Borton: Madam Mayor. A question for Mr. Nary. We will start there. Deb had brought up the issue with the variance and had raised 11-3H-3 and it sounded as though it was their position that a variance in the application might not have ever been necessary, because there is an alternative route to get the exact same type of relief? Not heard of that before. But if you can comment on it. Nary: Madam Mayor, Members of the Council, Council Member Borton, I mean I have looked at that statute and I think at this point, because a variance application is in front of you, you're still going to have the variance findings. I think the way I understood Ms. Nelson's argument was that our code has another alternative that could have been considered and we have considered that previously in other like situations. But the decision that a variance was the most appropriate route -- at this juncture you're still going to have to make the findings and I think alternatively what I heard and -- is that we have made also variance findings based on those similar arguments that Ms. Nelson Meridian City Council Meeting Agenda April 17, 2018 – Page 103 of 491 Meridian City Council April 3, 2018 Page 99 of 128 raised in other applications based on the hardship in relation to the roadway and access and the impact on the surrounding area both there on Chinden, as well as other parts of the community of -- South Meridian Road comes to mind, as well as a few others. So, I think -- I think her argument was two-fold that you -- we could make that finding, but I think at this juncture, because that's what's in front of you, that was what was noticed, that's what the application was about. I think the -- the appropriate route is whether or not you can interpret your code and make those findings based on the testimony that she has provided. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, for example, can a Council deny a variance application and grant the access? Nary: If you can make those finding on the record that you believe that although a variance may not be necessary, but based on the other language that was raised -- I think it's 11-3H-3, it's within your purview -- and a court has to -- has to give great deference to whether that's a reasonable interpretation of your code in relation to the -- in relations to what's being requested in front of you. So, the long answer is probably. Borton: Okay. Madam Mayor? And I will raise the question back to Ms. Nelson and she might be able to comment as well, because one of the concepts that was kind of hit on here was that with regards to one of the variance findings and the hardship, it might appear that the hardship is created by the characteristics of the use of the site and not the characteristics of the site itself and if that were to be fatal to a variance application, you're saying there is still another way? Nelson: Madam Mayor, Council Member Borton, I believe that the code allows you to make both determinations. You could do it without a variance and I believe you can make the findings for the variance and we would ask you to make both. That would make the decision the most defensible. On the site characteristics, the shape of this lot and its location does contribute to what is -- why it creates the flow and the traffic and the congestion that could be relieved by the variance. It's a long site that has a lot of frontage on Chinden. If you don't allow the midpoint accesses, that traffic is forced onto the surrounding roadways that aren't in a position to take it. So, that is -- that is the hardship for the site. The way the city has interpreted this consistently when you have a recommendation from ITD, is that the hardship you have found is that the congestion will be relieved and the traffic will be dispersed. I think that's appropriate here. I think it's defensible. I also think it would be appropriate to make the finding that is allowed under your code that because of the recommendation from ITD you can also modify your access standards. They have jurisdiction over these roadways. Did I answer your question? Anything -- Borton: You did. Meridian City Council Meeting Agenda April 17, 2018 – Page 104 of 491 Meridian City Council April 3, 2018 Page 100 of 128 Nelson: Okay. Borton: You did. Madam Mayor? De Weerd: Mr. Borton. Borton: A question for Mr. Wardle. So, some of the -- or one of the components of the access includes a left-in, which is of unique safety concern and it's temporary and it has a couple of triggers in which it might go away or will go away, right, the three lanes or it becomes a safety concern and we saw the design with it being in with a dedicated left turn and it seems like a matter of time before that gets closed and I'm curious if that is necessary without exception to have at the outset of this, as opposed to two right-in, right-outs in light of the unique -- and we have heard from law enforcement about some of these Chinden accident issues, the left-in gives me some additional concern. Wardle: Madam Mayor, Council Member Borton, let me just comment on that last point. The problem with Chinden right now is you have only got one place to go and that's right up the tail pipe of the car in front of you. You don't have any option to move from lane to lane and disperse that traffic out. So, those accidents occur because of the -- the people that are not paying attention. When I drive it I'm looking at a quarter mile ahead and I'm watching and I'm giving myself space. So, capacity is one great -- great issue. Clearly when ITD expands beyond the five lanes to seven, that left-in will disappear. Now, it's not fatal to the project, because traffic coming -- you have got three different ways of traffic to get to this site and, again, it's a 40 percent split from the east, south, and, then, 20 percent to the west. So, those coming from the west -- it's not a problem getting in and out. It works fine and they can utilize that right-out U-turn to get back to the west. Those coming in from -- the 40 percent coming from the east can make the left turn, which will be a double lane left turn onto Ten Mile and take the access point into the site and that in sim -- simulation showed that, it just didn't, you know, give you a lot of time to focus on it. So, I think everybody in the project team is aware that there will be limitations in the future, but you look at currently our project at Ten Mile and the interchange, there is a right-in, right-out and left-in for the major access point into a very significant employment center. Chances are that will continue. That will -- that will not change. So, there will be some change over time, but in reality it doesn't change the dynamic of the project, because there is sufficient access in and out from all three perspectives, all three directions. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: In summary, the left-in has to stay? I mean is that the position that you're taking at this point? Meridian City Council Meeting Agenda April 17, 2018 – Page 105 of 491 Meridian City Council April 3, 2018 Page 101 of 128 Wardle: At this point? Let's just note that ITD has indicated that it will function from a safety and access perspective. So, the intent is that it stay. It's ITD's call and, obviously, I guess you're getting back to the questions that Ms. Nelson has been addressing on the variance or modification aspect. But certainly the intent is to have that access three quarter as it is right now, right-in, right-out, left-in -- Borton: Okay. Wardle: -- until such time as it has to go away. Thank you. De Weerd: Council, any further information needed? Do you need any information from Public Works on water quality? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, if there ever was a time to keep the public hearing open while Council had a discussion, I think this would be it. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One thought that's not really substantive, though, but it's a preference when it gets near midnight is on a particularly complicated project I'm not necessarily in a hurry to try and resolve it tonight, as opposed to a week. I would rather get it done right, than, right now, whatever the decision is and I have pages and pages of notes and comments and wonderful testimony and information, both from the applicant and the public, so I may be inclined to support of -- even if it's just a week continuance to collect thoughts, review everything that we have received today through the hearing. Just a preliminary thought, because it's almost midnight and we have absorbed a lot of good information, so -- Bernt: Madam Mayor? De Weerd: Next week is a -- a workshop, but we could have a special meeting later following that. Oh. Yeah. And I know to the public that is here and the applicant to say you waited until midnight to hear we may continue it, I'm not sure you really want us to -- to make decisions when you're rummy and this is -- this is a -- this is a big deal. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: During one of our breaks I had actually a few people approach me like you Meridian City Council Meeting Agenda April 17, 2018 – Page 106 of 491 Meridian City Council April 3, 2018 Page 102 of 128 guys are doing to make a decision one way or another tonight; right? And in my experience here, you know, typically we have had the discussion and made those decisions. I mean we have had many, many hours to discuss it, plus well over a thousand e-mails that we have reviewed and -- I mean to me I don't know what more information or mulling over at the -- would gain over a week or two weeks on it. De Weerd: I was just giving you options. I only run the meeting. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think the only difference that I would like to see -- especially in considering that, though there are no existing -- with the exception of across Ten Mile and, then, across the state highway, there is no current residences adjacent to the commercial property. Again, with the exception of the big roads in between. But given that there will be even more residences around it, I'm intrigued by the -- the e-mail that we had received that Councilman Bernt had brought up with the different kind of style or façade. So, I -- as much as I hate adding that kind of thing to a -- a development's requirements, I -- I would be in favor of -- of making some kind of requirement to have a different style given that it's -- it is completely surrounded by residences and I think it would fit better than -- I love warehouse style buildings, I wish we would build our schools that way, but I think the -- the different look would be a more appropriate use for this particular situation. So, I am in favor of the project and would like to make a decision tonight, but I do think it would be appropriate to include that caveat. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just because I don't want to pass up an opportunity to let Council Member Palmer to tell a private business how to function, I'm curious as to your thoughts on what you would like to see and how a building would look. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Well, the first one especially that was shown there with the -- I mean glass always looks great, but I don't -- I don't want to outline exactly, okay, here is how you're going to make it look, but I -- I -- I don't even know how to word, you know, in a motion to -- to elevate, you know, the -- the appearance of -- of it. I mean I think they look good as they are, but there is an opportunity -- apparently they have done it before and I mean I don't know if it needs to go that far, but it's something at least in between what we generally know as a Costco and this or even as far as this would be great. Meridian City Council Meeting Agenda April 17, 2018 – Page 107 of 491 Meridian City Council April 3, 2018 Page 103 of 128 De Weerd: Sonya. Allen: Madam Mayor. De Weerd: Do you have any comments -- I guess maybe Mr. Wardle might. Because I -- I know in -- in the UDC and design review you don't have a whole lot of guidance in -- in a proposal like this and making it more friendly in a residential setting. Or do you? Allen: Madam Mayor, Members of the Council, we -- they will have to comply with the design standards in the architectural standards manual that requires modulation, articulation of the buildings, a certain amount of windows, but I would suggest if there is a building -- a Costco building in another town that -- like was referenced earlier, that you guys are liking the design of, possibly, with their agreement, we may build a -- like approve a -- like concept elevation like that, so they come back with some of those same design concepts. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: If I could just maybe add something that might help in your determination. Costco would be willing to make the design review process an item that would come back to the Council. Certainly they would be working with staff with some innovative designs to -- that would fit some of the profile elements that Mr. Whelan talked about earlier, but they would be willing to make this not just a staff level consideration, but a Council consideration. Palmer: Have we ever done that? Can we do that? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Maybe a question for Mr. Whelan from Costco. I mean just given like worst case scenario in regard to this design review, since you have done this in other locations, specifically, you know, the one in Washington and the one in California, would you be willing to do something similar to that in -- in this proposed development? Whelan: Well, I think what -- what we would like to do is we have lots of examples, so, you know, we are not exactly enamored with either one of those on their face, but certainly what -- and what we typically do with communities when they have an architecture requirement is we come in with a catalog of, you know, there is 20 Costcos, what kind of cues do you like here and, then, we go from there. So -- so, yes, I mean we can -- we can take one of those and do cues, but I think -- I think you guys would probably -- personally I think we have done more interesting things. I think you would -- you would enjoy and benefit from seeing a larger catalog of what we may be able -- Meridian City Council Meeting Agenda April 17, 2018 – Page 108 of 491 Meridian City Council April 3, 2018 Page 104 of 128 Bernt: Sure. Whelan: -- to do and -- and, then, consequently building off of that. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: And like you mentioned, this building is a lot taller than the other one and I'm not sure that that's really going to appease the neighbors throwing in something that's going to be a lot taller. So, maybe you have something that looks much nicer than your standard warehouse that's not really tall. Whelan: Yeah. I mean I just finished up a deal in Dallas, Texas, where they wanted a modern building. I think it looks really cool, you know. Milam: A what building? Whelan: A modern type building. Milam: Yeah. That's what I was thinking. Whelan: So -- I mean -- so I think just with two examples, you know, we can do a lot better in terms of giving you a -- a palette that you might be able to -- to go off of and they would be true Costcos. I think that that process always works best. You know, sit down, you know, here is what we have done in the past, what do you like about this, what don't you like about that, and, then, we try to, you know, modify it for the situation here. Where signs go is different all over -- you know, it's just -- each -- each site has its own characteristics to dictate what the right thing is. Allen: Madam Mayor, if I may? Design review is a staff level administrative application. If Mayor and Council decides to go the route you're discussing, I might recommend that you do require a development agreement modification to update the elevations and, then, that way they go through a public hearing process and back through Council. The only reason design review would technically go before Council is if staff would deny the application and the applicant were to request Council review of the decision. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: What would that -- what was that -- that wording again, Sonya? I apologize. The development agreement modification -- Meridian City Council Meeting Agenda April 17, 2018 – Page 109 of 491 Meridian City Council April 3, 2018 Page 105 of 128 Allen: I was just saying an option would be -- if you guys are wanting to see the elevations again -- is to require that the development agreement be modified when the Costco goes in for permits prior to CZC submittal, that they come in and modify the DA to include new concept elevations. Wardle: Madam Mayor, I'd like to just ask a clarification from Sonya. I guess what we did was we clouded the issue by the -- the examples that we provided and so I guess Sonya -- correct me if I'm wrong -- you're saying that those are in the record to change those, then we would -- we would modify the development agreement, which has not yet been executed, to come back with concepts that would, then, be reviewed and they would have to come back to the Council for that modification. Allen: Madam Mayor, that is correct, but our city code does allow for a modification to the agreement before the agreement is signed also. Wardle: Okay. Allen: So, that would be -- that would probably be the best alternative. Be the quickest for the applicant. Wardle: And, Madam Mayor, that would go back into what we had suggested earlier, that if we had a development agreement that was specific to the commercial, one to the multi-family and one of the single family, so that we don't end up having to bring all three parties back to the table, that would -- we -- I think we would be in agreement with that. That could be done again before execution of the initial development agreement or thereafter, so -- Allen: Yeah. Madam Mayor, Council, I neglected to address the applicant's letter. What Mike was just talking about. He did ask for development agreement provision number 1.1A-6 be deleted and staff is okay with that request, as well as to separate the development agreements for the C-G and the R-40 zoned properties, since staff is in agreement with what he's requested also on that. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: This is kind of some of the tricky stuff that happens this late in the game. As much as I would love to try and resolve it, but -- so, one of the challenges that just comes to mind with that concept is you have a development agreement with elevations like this -- this that's approved and a modification is required to come back with different elevations and different elevations come back and the Council says, no, and the applicant says, okay, we will build what's in the original development application which is before us, which is where we are right now. So, that process is a circle that doesn't get you anywhere. Meridian City Council Meeting Agenda April 17, 2018 – Page 110 of 491 Meridian City Council April 3, 2018 Page 106 of 128 Allen: Madam Mayor, Council, to a degree I agree with that, but at the same time if you're requesting them to amend their elevations, even if you deny the elevations they bring back, they are still going to be required to amend those elevations. Do something that's approved by Council. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, maybe I could help. Councilman Borton, we have -- have had previous development agreements that did have elevations and in the development agreement it said these are concept elevations and the applicant is required to bring the actual elevations to Council with a DA modification before they can receive a building permit. So, they don't have the right to build what's in front of you. All this -- all the document, the DA, would say is you have a general idea it's going to be a box, but what the box looks like they are going to have to bring it back to you. So, they won't be able to, then, just build what's on the paper, the requirement in the DA is they have to bring back what they are actually going to build and have that actually approved. So, we have done that before and been able to have the -- that come back successfully. We did -- we have done that instead, because many years ago we would take out all the elevations and, then, require them to bring it back. But that became very confusing, because sometimes there wasn't the same Council Members sitting here. So, it's just a general idea that that's what's going to be -- it's going to be a large box store, but they would have to bring back the specific ones for specific approval with a DA modification. Allen: And, Madam Mayor, Council, if I may add to what Mr. Nary said, if you don't like these elevations don't include them in the development agreement, just required them to modify the agreement to include elevations that you approve. They don't need to even be included. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: In light of this new information regard to elevations and density in regard to apartments and a lot of questions that are raised, with that said, I respect your time and I understand your concern. I mean we are all here, it's past midnight and we all have a vested interest in making a prudent decision, I would be in favor of what Mr. Borton said earlier in regard to just extending this one week just so that we can make the right decision. I know you guys want decisions tonight and I -- and you wouldn't be here still if you didn't. Someone got a call earlier wanting to know if -- what the decision was and he left. So, I know it's a big deal. And so I would -- in lighted of that, I would -- I would propose just one more week, so we can get the information, the elevations, get different pictures from Costco -- I'm sure you have a bunch of different looks that we could look at and -- and check out and then -- and, then, make a decision in a week. That would be my decision. I would support that. Meridian City Council Meeting Agenda April 17, 2018 – Page 111 of 491 Meridian City Council April 3, 2018 Page 107 of 128 Cavener: A motion is always in order. De Weerd: Any other discussion or not? Cavener: Madam Mayor? Madam Mayor? De Weerd: Mr. Cavener. Cavener: I appreciate Council Member Bernt's comments. I guess I would want to ask the applicant if they would be able to provide some of those elevations to us in the span of seven days. I know Council Member Palmer likes to ask private business to change how they operate, but I will ask tonight. Whelan: Yes. Nary: Madam Mayor? Whelan: I mean certainly we can -- Nary: Madam Mayor, could I interject before we have that answer? We have advertised this hearing with these elevations, so I'm more concerned that we picked different pictures and now make that part of the record when no one's had any opportunity to review it or look at it or comment on it. So, I'm a little more concerned with doing that. If you -- if you did what we were suggesting, which is make that a requirement for -- if the decision is to approve it with the elevations to be determined later at another public hearing that people can, then, comment on, that gives me more comfort than changing that with a one week notice and, then, have -- unless you're willing to hear comment on those as well, that would be my only concern is you want to leave the public hearing open and allow everyone to comment on that, then, I think will be okay. But I wasn't sure if that's where you were going before -- before Mr. Whelan got up to speak. So, that would be my concern is if you're going to do that, that we probably need to make sure that people have an opportunity to comment and one week may not be enough if that's your desire. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I would rather maybe just see some examples, but leave it just with no pictures and things at this point, because I think that we have got the experts here that are going to have an opportunity to come back if we get to that point, rather than us saying we are picking something. So, I would just rather that we recommend that there -- they bring it back to us at a later date if we get to that point. Wardle: Madam Mayor, Members of the Council, just to clarify what Council Member Roberts just said, that you're basically agreeing with staff that you can simply indicate Meridian City Council Meeting Agenda April 17, 2018 – Page 112 of 491 Meridian City Council April 3, 2018 Page 108 of 128 that the -- we are required to bring back something for modification of the development agreement in the future, which is a Council action. We would concur with that. It solves the problem of not getting into -- because we start looking at a lot of elevations -- there are at least seven different opinions that would be expressed and it could take some time to get there. Probably not within a week or maybe even two. So, the modification of the development agreement is probably the better process, because it, then, creates another public hearing for people to actually address the issue, rather than continuing it and muddying the waters with what we have already done. So, we would ask that you make the decision based on what you have and make it a requirement for modification and as I think legal counsel suggested, you could even say that these are not approved, bring us back something in a development agreement modification. Thank you. De Weerd: It sounds like there is a number of different things, so it's not just the look of the Costco, it's the apartments, it's pedestrian crossings, and -- so, I don't know if Council is -- is at a point where you want to make a decision tonight or -- or continue it and -- but continue it, suggesting to the applicant what you're looking for. What additional information you might need. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think when it comes to the apartments, they are, you know, consistent elevations with many apartments that we have seen and they go through the design review process. It's the warehouse look that really we are hearing a lot of concern about and so, you know, given the size and the situation I think that it would be an appropriate adjustment to our usual process to be able to -- or to go through what's been suggested with the requirement to come back for a DA modification. Everything else being consistent and appropriate. If -- I feel comfortable in -- in making that decision and moving forward with that tonight, but I think it would get awkward to -- to either close the public hearing and -- or -- and continue it or continue it open and, then, you know, we have another round of comments in between and then, of course, the applicant would have close opportunity. So, I want to hear from everybody else whether -- I mean we have heard a couple comments about continuing it, but I think during the discussion it would be good to have an idea how -- about my goal as to whether to continue to make a decision tonight before we decide to continue it or -- or close the public hearing. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'm supportive of either us making a decision this evening or continuing it for a week. I -- though if we want to continue it for another week I think it's important to leave the public hearing open, allow public the opportunity to provide additional information or Meridian City Council Meeting Agenda April 17, 2018 – Page 113 of 491 Meridian City Council April 3, 2018 Page 109 of 128 the applicant to provide any additional information, so if we want to continue it for another week I believe we should leave the public hearing open. Allen: Madam Mayor, Council, if I may, I would strongly recommend that if the project is continued that it's continued for more than a week. We really need -- if revised plans come in we really need them with adequate time before the next hearing that the public has a chance to review them, staff has a chance to review them and comment. Right now we are sitting at Tuesday. I mean we would need something back at a minimum in two days and I really don't think that's going to happen with the applicant. Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Rough time frame on -- on that turnaround? Allen: Well, the applicant already suggested that a month was okay with them, did you not? Excuse me. Palmer: They want five minutes. Wardle: Madam Mayor, Members of the Council, no, I don't think we said that there was a month leeway. I think what we have concluded is that there is really no new information to be provided, with the exception that we have elevations that are clearly not those that will be constructed. So, make the development agreement requirement for those to be provided through a subsequent Council hearing action. But we would -- there is no new information that we would provide that would -- that would expedite the process any better than that. Clearly a month doesn't do anything, because, then, it opens up -- it just continues on and on, because now there is a new round of conversation and we think there has been sufficient conversation. In spite of the fact that it's extremely late. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Did you say there were other changes that we needed to contemplate tonight? My brain isn't working very good. I'm forgetting things now. But I could go either way as well. I don't -- that's why I'm asking. Do you remember? De Weerd: No. I was just bringing up some of the conversations on -- on different elements in -- in the application itself. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council Meeting Agenda April 17, 2018 – Page 114 of 491 Meridian City Council April 3, 2018 Page 110 of 128 Bernt: I -- you know, I guess my concern earlier was just to make a good decision, a prudent decision, and -- and one of the concerns I had was the elevation and the look of Costco. If the applicant is -- if it's okay with legal and staff and we feel comfortable with making a decision tonight and with a modification revision so we can review the elevation at a -- at a future time with that in mind, I think that I could -- I could be okay with -- with that, because, you know, the protection that it offers in this decision, so -- Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I agree with Councilman Bernt. I do have a question. Do we need to make the same comment regarding the photos of the apartments? De Weerd: I guess they did mention it comes back through a CUP and -- Little Roberts: Thank you. De Weerd: -- I guess in that CUP the cross -- the crosswalk markings and -- and how that would connect would be part of that. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: There are several people with their hands up right now. I don't know if -- De Weerd: Well, if you want to open it up to public testimony after you have pretty much had the rebuttal from the applicant, I -- I will open this to Council's desire. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: People are here. De Weerd: We are here. Cavener: We are here. They are here after midnight. If they have got -- if the -- I guess, Madam Mayor, I would ask if the Council is supportive, if it's new information to add that hasn't already been covered or if it -- my assumption is there is some clarifying questions, I'm supportive under those narrow sideboards and, then, still giving the applicant the last opportunity to come back up and speak. Meridian City Council Meeting Agenda April 17, 2018 – Page 115 of 491 Meridian City Council April 3, 2018 Page 111 of 128 De Weerd: Well, they always have to have the last word, so -- we will just start on this side and work over. And if you will keep your remarks very short that would be awesome. If you will state your name and address for the record. Curvey: My name is Les Curvey. 6808 North Topaz Jewel Place, Meridian. 83646. De Weerd: Thank you. Curvey: Madam Mayor and Council Members, I have a question. After listening to everything that took place for the last seven hours, five hours, something like that, how we got fixated on what a Costco is going to look like. That is not the issue. De Weerd: Sir, this was clarifying questions, not new testimony, please. Curvey: Clarifying questions. Okay. I'm sorry. The clarifying question is how did you get fixated on the look of a Costco versus the Comprehensive Plan. That is not part of the Comprehensive Plan. De Weerd: Thank you. Curvey: That's my question. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, maybe Caleb could give us kind of a breakdown of what the Comprehensive Plan -- it's -- whether it's a guide or a constitution. A living document or what is it. And -- and some -- maybe some background on -- on -- De Weerd: I think that's a leading question. Palmer: Absolutely. De Weerd: Okay. Palmer: But he will know better than me. De Weerd: I -- Palmer: Or not. De Weerd: Do you want to be a little bit more specific in what you would like him to answer. Meridian City Council Meeting Agenda April 17, 2018 – Page 116 of 491 Meridian City Council April 3, 2018 Page 112 of 128 Palmer: Do we -- is the Comprehensive Plan a guide or is it hard and fast this is what it is and we can't move from it, and maybe some history on what the Council has done in the past. I have only been here two years. What Council has one in the past with regard to how big of changes are made and when those decisions have been appropriate. Hood: So, Madam Mayor, I will be brief. I probably won't touch the last one so much with a history of what past Councils have done, but just -- the Comprehensive Plan is a guide. It's a state required document, but there are a lot of subjective elements within the plan itself. It is formulated by the community members, adopted and enforced, but it is at your discretion to interpret and apply the Comprehensive Plan. The applicant has applied to amend the map, which is a portion of the Comprehensive Plan, because that is -- although it's not parcel specific, it is pretty explicit in those land use designations and they are going from one to another. But, again, just throughout the plan there are a lot of -- there is required elements in the plan, but how you interpret them and apply them, there is a lot of leeway there and that is your charge and the Planning and Zoning Commission has a lot of state required duties as well. But, basically, again, your discretion there. If that helps. It's not regulatory. It's not code. But it does guide growth and development. So, hopefully, that helps. Johns: First of all, I think that a Comprehensive Plan -- De Weerd: Tammie, can you restate your name and address -- Johns: Tammie Johns. 3508 West Star Hollow Road. De Weerd: Thank you. Johns: Spurwing. I would think that a Comprehensive Plan would be required by the state to help protect us as citizens. Would you agree with me on that? And also I -- I want to rebut something that this gentleman from Costco said. He showed you a picture of the Lehi Costco. I have been there many times. He showed you homes behind the Costco. What he didn't show you on the other side was that there is a Walmart. There is a large big box store. There -- a department store. A Gordman's. There is Sonic. There is Chili's. There is -- on both sides of the street that whole thing is the most -- is the busiest part of that town -- De Weerd: Okay. We are just trying to get clarifying -- Johns: Okay. Well, I -- I wanted to clarify that, because he made that look like that was a residential thing. The other thing, too, is that those residents -- he kept saying they built afterwards. We built before. I really think -- we have spent so much time considering what these guys have said after all of us got up and expressed our feelings about this and, then, I feel like all of the time was given to consider what these guys want to do as far as design. I agree with the other gentleman on that. I would appreciate some more thought on us and I think that this should be tabled and I think Meridian City Council Meeting Agenda April 17, 2018 – Page 117 of 491 Meridian City Council April 3, 2018 Page 113 of 128 that more thought should be given to it, because you have had so much time to be influenced by this after we have spent all of our evening trying to express our feelings and I don't think that's fair. Thank you. De Weerd: Thank you. Meuret: Michael Meuret. Office address 1210 East Fairview Avenue, Meridian, Idaho. De Weerd: Thank you. Meuret: Thank you, Madam Mayor, Council. I just -- my question is -- or clarification -- this is just a decision on rezoning; right? This project and approving it or not. Not necessarily the design and couldn't we, like everyone has said, just make every other approval subject to your guys' decisions at a future date. I mean, really, the matter at hand is do we want this zoned for a big box or little box. De Weerd: Thank you. Meuret: Thank you. De Weerd: Yes, sir. Good evening. Southam: Madam Mayor, Council, my name is Lynn Southam. I live at 6408 North Salvia Way, Meridian. Spurwing Greens. I'm intrigued by what's happened here tonight, by what's been said and what has not been said. All of the citizens of Spurwing Greens spoke in favor of you denying this application and yet this last hour or so, as you have already heard, has been devoted to design, as if you have already made the decision to not listen to the people about the de-evaluation of their homes, about the issues of safety, both traffic and pedestrian, about the issue of children and their safety in that area. All of those things none of you have even asked about it. None of you have commented on it. All you have done is resisted all of our efforts to tell you we are people who believed Brighton when they said there would be no development in that area or they failed to tell us. No one has talked about the legal liabilities of Brighton for that deceit. No one has talked about the possible tort liabilities of this city when you approve a road design and accidents start to increase on those sections when you have that crazy U-turn format outlined on Ten Mile and Chinden. There will be suits brought against the people who made the decision. And I know the city can say no problem, we will just pay for it out of tax money. So, it doesn't cost you anything. But the reality is we are the people who selected you to represent us. Costco didn't do that. And when this is all said and done, you have already made the decision to approve it, evidenced by what you have been saying, the reality is when they walk away and they have the approval, they can smile, but we won't and Brighton will be embarrassed that their name has been shamed. It's unfortunate that you have not heard us tonight. I would hope you understand that this has not been a casual thing on our part. We feel strong about where we live. We came to the city with a purpose. You have had a great reputation in Meridian City Council Meeting Agenda April 17, 2018 – Page 118 of 491 Meridian City Council April 3, 2018 Page 114 of 128 the past. I wish your decision would reflect that you still value what the people think. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Mr. Southam -- De Weerd: Please. Palmer: -- I got a question for you. Would you expect us to only consider the comments made in the room today or the thousand plus e-mails that we received? Southam: Absolutely I want you to consider those e-mails and I want you to consider the testimony of the Planning and Zoning Commission. I want you to consider everything that the people have brought down here, because I will tell you, as you know, because you have read them, they way outnumber those who are in favor of Costco and you would not be telling me the truth if you said otherwise. You know that and I know that. Palmer: Madam Mayor? And, C.Jay, do we have any statistics about the e-mails that we received as -- Milam: Madam Mayor? I can't remember. Did you have the numbers? Coles: Madam Mayor, Members of the Council, Council Member Palmer, I don't have an exact number of -- for and against. It depends on what the -- at what point in time, what snapshot in time you -- you would have liked me to have taken it. However, the applicant did provide to the city this morning a snapshot of that and an analysis of that that does give a number. It's in your packet. Of numbers for and against, both before the Planning and Zoning Commission meeting and after the Planning and Zoning Commission meeting. So, that is in the public record and in your packet that does show how many for, how many against, at a certain snapshot in time, which was yesterday, I believe. Southam: And all of the petitions that have been signed in the last week or two, circulated throughout those two neighborhoods. There has never been a public meeting held in those communities where people have come together and said, yea, we are for Costco. What we have all said is we like Costco, we all -- most of us have Costco memberships. We drive to Nampa. We have suggested, since Brighton already owns the property at Highway 16 and Chinden, why not move it down there. It's just another couple of miles. There are no houses there. They could do that if they wanted. They make money either way, whether they sell that property or the property at Ten Mile and Chinden. It makes no difference to them -- Meridian City Council Meeting Agenda April 17, 2018 – Page 119 of 491 Meridian City Council April 3, 2018 Page 115 of 128 De Weerd: Sir, I'm sorry, I don't mean to cut you off. It is late and I think we heard your message. Southam: I hope so. I hope your vote -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: This is not just to you, this is to all of you. I just want you to know that you may -- we may look like we are just sitting here and not listening to you, but we are listening to every word and it -- it's touching our hearts. Okay? We do this every week and these are very, very difficult decisions; right? And every time there is an application for the most part, there is a group of people who don't want it and we have to weigh out what is better for this situation and we hear you and it's painful to think that you are going to have to live in that or it's going to make you unhappy. That's not what we want to do. But this is a state highway. This is the type of location that a business like this belongs. It is a state highway. This is not an arterial road. So, I -- Southam: None of us -- Milam: -- apologize -- Southam: None of us are objecting to the state highway argument. Milam: You know, this is the type of location. The Comprehensive Plan is a working document -- Southam: Yes. Milam: -- and we are actually in the process of changing it. It was ten years old that -- you know, the last time it was done and we are -- we are going to redo it. But ten years ago no -- none of us had a crystal ball to see how the population was going to grow and what direction and at the -- at the fast pace that it's growing at. So, things change and this isn't something that we are trying to do to somebody or shove it down their -- this is not our project, but we have to look at the project and property owners do have rights. We have -- let me tell you -- there is one more thing I want to say. There is three things since I have been on City Council -- this is my fifth years. The schools are overcrowded. So, if we had -- if we were building a bunch of houses, this room would be full of people saying the schools can't handle it. This is what we get every week. The schools are too crowded. The roads are too crowded. And when is Costco coming. Those are the three top issues that -- over the last almost five years that have come to me. So, it's not that we don't hear you. I just want you to know that. Southam: We appreciate -- Meridian City Council Meeting Agenda April 17, 2018 – Page 120 of 491 Meridian City Council April 3, 2018 Page 116 of 128 Milam: And we feel and we -- and we feel and love for you. Southam: We appreciate it. I have been before this Council three times and I will simply say this: We agree this is a state road and it needs to be on a state road. But just put it down the road two miles where there are no houses and no children to run over and no intersections where you're going to have people doing crazy U-turns. We just want you to remember what the people think. Thank you. Carroll: Andrea Carroll. Madam Mayor, Commissioner Borton, I want to address the issue that you brought up regarding the UDC alternative to the variance. I'm going to read from the State Code, because -- thank you. I'm going to read to you State Code 67-6516. It's the part of State Code part of LUPA that grants the city the authority to grant a variance and so I would -- I would argue that to the extent that your code says anything it has to comply with this and this is what State Code says. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest. Only -- I respect your authority to draft your code, but it has to be interpreted in compliance with State Code. You have been granted authority through this provision of State Code to grant a variance. Whatever language is in your city code has to be interpreted consistent with that and I would argue that to you tonight. I would argue that to a court. Secondly, with regard to your comp plan, there is a question, Commissioner Palmer, that you asked with -- you know, is this a guide, is this -- and it's often said that a comp plan is not code and that is absolutely correct. It's a different procedure. However, there is a huge difference to the weight that is given to a comp plan in unannexed versus annexed land, because once you have an annex land there is an entitlement -- the developer has an entitlement, has a takings claim if you make -- you know, a lot of these decisions you have talked about -- oh, we can address that in the CUP, we can address that in the design review, we can address that in the DA modification. You grant these permits tonight, they have an entitlement. They have no entitlement now. They have no entitlement. You put yourselves in an inferior position defending yourselves in court if there is a future denial of a CUP if there is a condition in that CUP or the design review or the DA modification that later on down the road the developer doesn't want to go along. They are super compliant now, but what if that changes, what if the Council changes, what if the -- the vision of what the Council wants to see changes with the leadership changing. You have put yourselves -- you have put the City of Meridian in an inferior position legally in court by granting this entitlement tonight. Don't make that decision on half the project until you have all of the information and don't grant a variance without a very concrete finding of an undue hardship, because it doesn't exist here. Being next to Chinden is not an undue hardship. A smaller, more moderate development would be perfectly able to take access from a different route. Thank you. De Weerd: I just have a -- Carroll: Yes. Meridian City Council Meeting Agenda April 17, 2018 – Page 121 of 491 Meridian City Council April 3, 2018 Page 117 of 128 De Weerd: -- question for you. If you look at that map, the access to Chinden actually keeps the commercial traffic out of the neighborhood. So, you're suggesting to not grant that? Carroll: I'm suggesting to not be so limited in what your vision as to this site that it has to have a Costco on it. There are a lot of other types of developments that would function here very adequately and that sort of the need -- that's the sort of the nature of is this hardship use driven or is it based on the characteristics of the site, because if you talk about another use, other than Costco, all of a sudden your possibilities of what to do with the site become a lot broader and -- De Weerd: I think even if it's -- if it's not Costco, if it's a mixed use retail office it would still be driven through the neighborhood. Carroll: I appreciate that perspective. I think that there -- that the people that you have heard from tonight would beg to disagree that there are more moderate -- moderately impacting developments that would not require the direct access to Chinden and would impact the surrounding neighborhoods a lot less and be a lot more complementary to what's already there. Thank you. Cavener: Madam Mayor? A request before we invite anybody else up. I think that Council discussed keeping this testimony limited in scope and asking clarifying questions. Despite some of the testimony that we just heard I think this Council has been listening intentively to the public for the past few hours and I think us allowing the public to come up to ask some clarifying questions why -- I don't think we have had one asked yet. My request would be to the public if you're coming up to provide additional testimony, please, keep it limited in scope and ask these clarifying questions, which is why we have open the door to allow additional testimony. Dunlap: Getting to old for this. De Weerd: Those are comfortable chairs. What are you talking about. Dunlap: I will bring a cushion next time. My name is Mike Dunlap. 5256 North Cougar Flat Court, Meridian. 83646. The only thing I want to say is you need to give these people a decision. De Weerd: We need clarifying questions. Dunlap: Well, the question is if you don't give them a decision pretty quick, they are not going to be here. De Weerd: Okay. Dunlap: And the man behind me, which I really don't know him, the developer, he will be in here next to put apartments in there, five to seven hundred units. Think about it. Meridian City Council Meeting Agenda April 17, 2018 – Page 122 of 491 Meridian City Council April 3, 2018 Page 118 of 128 De Weerd: If we will keep it to clarifying questions, please. Jacobs: I will be real -- I will be real brief. Dave Jacobs. 4276 West Ladle Rapids. Should this go through -- and I think I see the winds of change, guys. Is there a way that we can limit public access to those neighborhoods? We are really concerned -- like this gentleman over here with the small kids, I don't know if you want to call them guard gates or something on either side of Vanderbilt and -- you know what I mean? A gate. I can't even think anymore. Sorry, guys. But do you understand what I mean? Can we limit public access of getting through the neighborhoods with a gate or something? I don't know if that's something that Brighton wants to do or Costco would help out with, but they are really concerned about the safety of the neighborhood. De Weerd: That's a good clarifying question. Thank you. Jacobs: So, that's it. I'm out. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: If I understand right, I think that would require the subdivision purchasing the infrastructure from ACHD and making it a private road. So, right now they are public. They are publicly maintained and they are publicly accessible. Jacobs: Just a thought. Palmer: You can buy them. That's it. De Weerd: Okay. Mr. Neufeld. Neufeld: Madam Mayor, Members of the Council, Robert Neufeld. 3756 West Snow Cherry Court in Meridian. De Weerd: Thank you. Neufeld: I know the hour is late. My question is why can't somebody on this City Council make a motion to do something, except sit here and talk. Now is that against the law that you cannot do that? I have heard several people up here talk about an idea that I think the great majority of people in the audience would support and that's a continuance. I would support a continuance and I don't care if it's ten days, 30 days or 60 days, I think the majority of the people say you guys are tired, we are tired, I do not want you to make a decision tonight based upon the fact that the hour is late and it's time to go home. I want you to continue this process. But, secondly, I want you to Meridian City Council Meeting Agenda April 17, 2018 – Page 123 of 491 Meridian City Council April 3, 2018 Page 119 of 128 answer the question. Why can't somebody up here make a motion to do something, instead of sit here and talk. Milam: Madam Mayor, I can answer that question. De Weerd: Mrs. Milam. Milam: Sir, the reason nobody's made a motion is because we were getting close to that point and a whole bunch of hands out there went up and so we agreed to allow some additional questions and that's why a motion has not been made. Neufeld: No. I understand that. But there -- there have been plenty of opportunities, Council Member Milam, to make a motion. I have heard several people talk -- De Weerd: Mr. Neufeld -- Neufeld: I have heard several people talk -- it's late. De Weerd: Mr. Neufeld, if we can not get into this debate. Neufeld: Okay. All I want is for somebody to make a decision. Okay? De Weerd: Okay. Thank you for your question. Mr. Reyes. Yes. Reyes: I want to thank you all. David Reyes. 5781 North Joy Avenue, Meridian, Idaho. 83646-021529247818486807287041907. Right. Thank you for your patience in sitting here so long and listening to our testimony, listening to all of our comments. I have two clarifying questions. The first is -- in the traffic impact study, which was the initial artifact that started way back when at the beginning of this process, was the additional traffic that will be generated through the neighborhood by the new church that's going in on Chinden taken into account? That's my first question. My second question is prior to the initial neighborhood meeting about this project, why wasn't the public consulted initially about this project and asked for opinion -- asked for input and I don't say that as a controversial -- I'm not interested in sparking controversy or another argument, whatever. The reason I asked that is because I attended the second meeting and in my personal opinion what was presented there was basically a sales pitch like this is a done deal. We were not asked how do you feel about a Costco in your backyard. Those are my two questions. De Weerd: Thank you. You're next. Denison: Kevin Denison. 3246 West Salix Drive, Meridian. So, in regards to Mr. Wardle -- and he brought up two different Costcos, one in Kentucky and one in Lehi. I'm going to reiterate what that woman said. He did not show you the backside of either one of those. I would implore you to look at those. The one in Lehi has about 75 percent of commercial around it, but he slide that one by as fast as he could. The Meridian City Council Meeting Agenda April 17, 2018 – Page 124 of 491 Meridian City Council April 3, 2018 Page 120 of 128 Comprehensive Plan, you guys wrote it, you spent taxpayer money to build it, time and effort, you put a lot of thought into it as what this city should be. Okay. So, my question is -- here is the map that was approved in this plan on September of 2017. So, my question to you, Council Woman Milam, is what has changed. You asked the question. I'm asking you what has changed in seven months. De Weerd: Okay. Thank you for your question. Denison: And I can tell you what has changed. Costco came to Brighton and Brighton could have said no. De Weerd: And you will follow this gentleman. Battaglia: Michael Battaglia. From 4212 West Wolf Rapids Drive in Meridian. De Weerd: Thank you. Battaglia: I want to ask the traffic engineer if they can show me where any traffic counts -- total traffic counts that -- well, at all the intersections that they had studied in the proposed development, where they indicate any traffic coming out of the Bainbridge Subdivision onto Lost Rapids Street. There are no -- all the intersection drawings go straight down Lost Rapids or Tree Farm, but they do not show any traffic coming out from Bainbridge to interact with the traffic that they proposed that's going to be on these streets. There is no information there with regard to any traffic coming out of Bainbridge Subdivision onto Lost Rapids or Tree Farm, either existing or proposed. That's it. De Weerd: Thank you. This gentleman in the front. The second row I mean. Burke: Mayor Tammy and Council, thanks for letting me have an opportunity. My question is, Mayor, how did you -- De Weerd: Could you state your name. I'm sorry. Burke: My name is Rick Burke at -- De Weerd: Thank you. Burke: -- 6092 North Santa Rita, Meridian. 83646. De Weerd: Thank you. Burke: Anyway, Mayor, I'm concerned and I'm wondering how you let us get off track by moving the discussion to the facade or the appearance of the structure, as opposed to the questions -- the underlying questions whether we are going to approve or disapprove the building of a warehouse out at Ten Mile and Chinden. Also it appears that there is at least a couple of folks on the Council, through their body language and Meridian City Council Meeting Agenda April 17, 2018 – Page 125 of 491 Meridian City Council April 3, 2018 Page 121 of 128 questions, that they have already made a decision. At this late hour, you know, rummy or not, I think you should be able to make a decision. This is what we have elected you to do. Mayor, I think it's time. Thank you. De Weerd: Mr. Rock. Rock: Bob Rock. 4090 West Lost Rapids Drive. I think. Based on my wife's last text I might not be there anymore. Listen, I -- I guess we could go tit for tat all night long on this. I could probably bring up several clarifying questions. Just an observation. You can shut me down, but you all are so darn tired I don't know how you can make a decision one way or the other and be confident that it's going to be a good decision. That's not a knock on you. I wouldn't expect anything else. I'm teaching a class in six hours. I'm sure a lot of you have things you're going to be doing at about that time, the same time frame. But to the last gentleman's comment, I think it's time to make a decision and we may be already in a situation where you have to have a rebuttal and, then, you have to have more conversation and the right decision is probably to put this off, but I want you all to make the right decision. I hope it's the decision that most of us want, but whatever it is I want it to be the right decision, made for the right reasons and not because you're so damn tired you can't stay awake anymore. Sorry. That's all I have to say. De Weerd: Mr. Wardle. Wardle: Mike Wardle. Still at 12601 West Explorer Drive in Boise. De Weerd: You haven't got a different text? Wardle: No. Some very brief comments and I am going to have Andy get up on address two of the questions that came with regard to the traffic impact study. The first comment on the Comprehensive Plan is which version is the community comfortable with. The original one that showed that there was the most intense uses anticipated in the city being on the property. Was it the iteration that didn't have anything. Is it the current iteration that certainly proposed commercial potentially on the site. Secondly, if you erase Costco from the site and you had -- oops. I didn't touch anything. But -- but if Costco were erased and the other sometimes referred to as boutique type uses were there, they are still a draw. There is still the traffic. It doesn't change. So, it doesn't go back to just the quiet little neighborhood. With regard to consideration -- so, Mayor, you hit this a little bit ago. You noted that it has to come back for a conditional use permit and at that point questions of safety and access and so forth get to be addressed. But it's even more than that. In the case of the Bainbridge North portion west of Costco, that has to come back through a PUD and preliminary plat. So, all issues of access and safety, pedestrian crossings and so forth, get covered there and interconnectivity within the rest of the site. Same thing happens with the R-40. Conditional use permit. Public hearings and so forth. Deb, do you want to speak just briefly about the variance or modification process and, then, Andy can conclude with the TIS. Meridian City Council Meeting Agenda April 17, 2018 – Page 126 of 491 Meridian City Council April 3, 2018 Page 122 of 128 Nelson: Very briefly. Deborah Nelson. 601 West Bannock in Boise. Your city ordinance on variance does comply with state statute. It has the same criteria that is there. It's also not the only way that you can find an exception in your own code to your access standards. You have other options and you are not mandated to this one. That's all I have. Daleiden: Andy Daleiden. Kittelson and Associates. Address 101 South Capital Boulevard, Boise, Idaho. 83702. One of the questions was did the traffic impact study include the new church that is located just to the northwest of here in the analysis. That came after all the assumptions were developed associated with development of the traffic study last summer. So, that -- that church was not -- not included in the analysis, but it is, essentially, accounted for with background growth that's in the traffic study. Additionally, the church traffic impact study has included the anticipated development traffic with -- with this project, as well as other in-process developments that are kind of pending. So, it's one of those things, which one is kind of moving along in process first and this traffic impact study for this development was ahead of that one and so that's how the assumptions were built. Second related to the traffic counts that were collected, we did counts at Tree Farm Way and Chinden and we did counts at Ten Mile Road and Lost Rapids Drive. As noted in the testimony, we did not collect counts at the local street there, but those two intersections that we -- on either hand include the traffic associated with what's going in and out of the residential. It's very low. It's not a high volume today. And as part of the analysis when you looked out into 2020 -- 40 -- or 2024, I'm sorry, the traffic volumes on Lost Rapids Drive, as I indicated in the opening during the simulation, the roadway is projected to only use about 40 percent of its capacity. So, there is significant capacity available for trips associated with that use and adequate gaps for vehicles coming out of that site in our opinion. De Weerd: Thank you, Andy. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on H-2018-0004. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. Any opposed? Okay. MOTION CARRIED: ALL AYES. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda April 17, 2018 – Page 127 of 491 Meridian City Council April 3, 2018 Page 123 of 128 Palmer: Madam Mayor, Sonya, Council, help me make sure I don't miss any of the points, so I can make a motion and we don't have to amend and amend and amend the motion. So, if I make a motion to approve the application, is there -- was there anything in your report that they didn't -- or that you guys aren't in agreement on? Allen: I don't believe so, Madam Mayor, Council. Palmer: So then -- so, in the motion it would be to approve per the staff report and also to approve the variance for the connections to 20-26. Is there anything else outstanding that would need to be included in a motion? Allen: The applicant's response to the staff report and agreed upon by staff. Palmer: Okay. Nary: Those are what you have in your record for today. Palmer: Okay. Then, Madam Mayor, I move we approve H-2018-0004, including the -- the comments and -- five from the applicant in the agreements between staff and the applicant and -- and including the -- that the -- a DA modification be required to approve -- that Council would approve the elevations for the Costco and the variance for the connections to Chinden, citing the ITD's approval on the comments made by the applicant for the findings. Cavener: I will second that. De Weerd: I have a motion and a second. Discussion? Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One of the reasons I wanted to have some time to chew on this -- and continue to chew on it -- it's a difficult one, a difficult project for me. Lots of great considerations on both sides. I may be a lone wolf on this, an individual, but -- but I am persuaded by a lot of the public input in our Comprehensive Plan and I think the mixed use community designation, all things considered, is still most appropriate and I just see the intensity of this use is what is necessitating the access on Chinden at corridors to be preserved. We joke about Eagle Road and Chinden has the opportunity to have those challenges as well. So, those are the concerns that I can't get over to support this application. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda April 17, 2018 – Page 128 of 491 Meridian City Council April 3, 2018 Page 124 of 128 Milam: Just in response to that, I just feel like the improvements that they are going to do along Chinden and Ten Mile will alleviate more traffic than what it's going to create. I think there will actually be less traffic or problems on Chinden once it's widened. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: While I am also supportive of continuing to chew on this application, there was a motion made and unless there is a substitute motion made, I may also be supportive of that one as well, but -- maybe. We have an application presented before us at hand. There has been considerable testimony, both at Planning and Zoning, here tonight. We have I believe received more e-mail correspondence on this application than anything else in our city's history. Our community has been well represented by those in favor and those against. Regardless of the perceptions amongst those in the audience tonight, I think that I -- while I typically don't like to speak for Council, I can tell you that Council has wrestled with this application, as we wrestle with every application that comes before us. We weigh what the -- the owner of the land is intending to do, how that impacts our community, especially those that are residences and neighbors around that particular project and, I, for one, have wrestled as well intently on this particular project. For me what it comes down to is I think the appropriate use of that corner along -- to Council Woman Milam's point along a state highway. I, too, recall a time in our community when we could sit on the corner of Meridian Road all day long and not have a vehicle drive by. That is the Meridian of my youth, but that is not the Meridian of today and as a result because many of you have moved to our community and made it a better place, those are some of the gives and takes that we have had to make and I welcome all of you. The gentleman that was here -- been here six weeks -- that's great. Welcome to Meridian. With growth brings these challenges and I personally always struggle with folks who have chosen to call our great community -- and I take exception with those of you who provided testimony tonight disparaging our community. I'm very proud of Meridian. I'm proud to call it home. I'm proud that my boys will call it home and for those of you that feel because the decision the Council makes it is not a place that you want to call home, I take exception with that. So, for me it is about appropriate use of the land along a state highway and to Councilman Milam's point, you put it very eloquently, this is an appropriate location for this particular project and I'm supportive of it and I'm supportive of it tonight, but if Council would feel more comfortable in their ability to make a decision by having additional time to take public testimony into account, I'm also supportive of that as well. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: First of all, just thank you, everyone, that has stuck with us through this and this is -- it's one of the things that is so so incredibly hard, because we have been listening to -- or reading written testimony for months now -- or it feels like it anyway and Meridian City Council Meeting Agenda April 17, 2018 – Page 129 of 491 Meridian City Council April 3, 2018 Page 125 of 128 there are property rights on both sides and we do weigh very, very carefully what everyone says and we love Meridian, that's why we are up here and we know you love Meridian, which is why you're still sitting here. So, it is a very, very, very difficult decision, but I -- I would like to see us go ahead and make one and I do agree that as hard as this is, it's -- it's an appropriate location, given the road that it's on, and -- and I think that it is a great opportunity for us to get a kick start with getting that highway fixed and -- but it does weigh very, very heavily. De Weerd: Well, before I call for the question, I will just say that you just saw how sausage is made and it's -- it's never easy. What has -- what is nice about this Council is they do listen to every bit of testimony and they read the record and they try to make the best decision for the community as a whole and it's often the people that come to the Council chambers that don't see beyond counting heads, but I will tell you that I would have liked Council to stew over it a week, because I think that this is a big deal and I haven't been all that fond about this location and I have my own concerns about it, but ten years from now will it be out of place? I don't know. But I heard that we have a motion on the table and if there is no discussion, Mr. Clerk. Roll call: Borton, nay; Cavener, aye; Milam, aye; Palmer, aye; Little Roberts, aye; Bernt; aye. MOTION CARRIED: FIVE AYES. ONE NAY. H. Public Hearing for Proposed Parks Fees 1. Resolution No. 18-2068: A Resolution Adopting New Fees Of The Meridian Parks And Recreation Department; Authorizing The Meridian Parks And Recreation Department To Collect Such Fees; And Providing An Effective Date De Weerd: Item 8-H is a public hearing for park fees. Little Roberts: Good morning, Steve. Siddoway: Morning, Council. Madam Mayor, Members of the Council, I think I can make this brief. Hopefully about three minutes. W hat you have before you -- we come before you three -- Milam: Put a timer on. Oh. Siddoway: -- times a year for our activity guide fees. What we have before you are the activity guide fees proposed for the 2018 summer activity guide. I need to note for the record that we did find one error in what was posted. Our fault, not the clerk's. I did -- and it's the outdoor adventure camp fees that were noted as 165 and 132. They should be 175 and 140. We did talk with -- with Legal to ask if they needed to be renoticed. However, we are of the opinion that they do not, because we are actually not proposing Meridian City Council Meeting Agenda April 17, 2018 – Page 130 of 491 Meridian City Council April 3, 2018 Page 126 of 128 an increase in the fee. The 175 and 140 is the fee that they were last year. They didn't have to be noticed, but we were trying to make a comprehensive list, so we would ask that you note the change to make them match last year's fees with the outdoor adventure camp at 175 and the week of Fourth of July at 140. With that I will stand for any questions. De Weerd: Council, any questions? Okay. You have resolution 18-2068. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve Resolution No. 18-2068. Milam: Second. De Weerd: I have a motion and a second to approve item 8-H. Mr. Clerk, will you call roll. Roll call: Borton, aye; Cavener, aye; Milam, aye; Palmer, aye; Little Roberts, aye; Bernt; aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Ordinances A. Ordinance No. 18-1769: Whistle Stop H-2017-0167 An Ordinance (H-2017-0167 – Whistle Stop) For The Re-Zone Of A Parcel Of Land Described As Lot 2, Block 1 Of Tramore Subdivision As Filed In Book 87 Of Plats At Pages 9825 And 9826, Records Of Ada County, Idaho And A Portion Of The N ½ Of The Sw ¼ Of Section 12 , Township 3 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From L-O (Light Office) Zoning District To R15 (Medium High Density Residential) 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 By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date De Weerd: Item 9-A is ordinance 18-1769. Mr. Clerk, will you, please, read this by title. Meridian City Council Meeting Agenda April 17, 2018 – Page 131 of 491 Meridian City Council April 3, 2018 Page 127 of 128 Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1769. An ordinance file H-2018-0167, Whistle Stop, H-2017-0167 for the re-zone of a parcel of land described as Lot 2, Block 1 of Tramore Subdivision as filed in Book 87 of Plats at Pages 9825 and 9826, records of Ada county, Idaho and a portion of the N ½ of the SW ¼ of Section 12 , Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada County Idaho; establishing and determining the land use zoning classification from L-O (Light Office) Zoning District to R-15 (Medium High Density Residential) 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 by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: You have heard this ordinance read by title. Does anyone want to hear it in its entirety? Seeing none, Council, do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 18-1769 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve item 9-A. Mr. Clerk, will you call roll. Roll call: Borton, aye; Cavener, aye; Milam, aye; Palmer, aye; Little Roberts, aye; Bernt; aye. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: Anything for Item 10? Milam: No. De Weerd: A couple of items. Five Mile Creek H2 segment ribbon cutting is on April 4th at 4:00 o'clock. Right, Steve? Siddoway: Today. De Weerd: Oh, that is -- Meridian City Council Meeting Agenda April 17, 2018 – Page 132 of 491 Meridian City Council April 3, 2018 Page 128 of 128 Milam: Tomorrow. De Weerd: No, it is today. Do The Right is on Thursday and First City -- our First City 101 is on April 11th from 9:00 to noon at the public safety training center for Fire and Public Works. With that I would entertain a motion to adjourn. Cavener: So moved. Milam: Moved. Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 1:07 A.M. (A�00 RECO -N� 130 vv l; ATTEST: C. JAY COL , CI E OF THESE PROCEEDINGS) Ll / 1-7 / j1 DATE APPROVED Lu LER J c"-17 Gly of SEAL !�T E. City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 5 Project/File Number: Item Title: Future Meeting Topics u APPROVED Meetina Notes CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN -IN SHEET Date: April 3, 2018 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name jProvide Description of Discussion Topic City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6A Project/File Number: Item Title: Approve Minutes of the March 13, 2018 Joint Meridian Development Corporation and City Council Special Meeting 9 APPROVED Meetina Notes Meridian City Council - Meridian Development Corporation Joint Meeting March 13, 2018 Page 36 of 36 Little Roberts: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Mr. Winder, do you want to ask for a motion to close as well this special meeting. Winder: Sure, Madam Mayor. I would move that we close this -- Bird: I move we close the meeting. Basalone: Second. De Weerd: Now you just say -- ask for a vote. Winder: For our motion. De Weerd: Yeah. Winder: Okay. So, now it's our turn for a -- De Weerd: You already got a motion and a second. Winder: Okay. All in favor -- any discussion? All in favor say aye. We are adjourned. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:28 P.M. (AUDIO RE SRDING ON FILE OF THESE PROCEEDINGS) MAY TAMM E WEERD DATE APPROVED ATTEST: _ Auc sr C. JAY COLE _,CITY ER O � E, IAD'N(� >- W s SEAL .,T-/ City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6B Project/File Number: H-2018-0020 Item Title: Whiteacre No. 4 Final Plat for Whiteacre No. 4 (H-2018-0020) by Whiteacre Development Corp. located at the West Side of N. Meridian Road between W. Ashton Drive and W. Lava Falls Drive Meetina Notes STAFF REPORT MEETING DATE: April 3, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Whiteacre Subdivision No. 4 – FP (H-2018-0020) I. APPLICATION SUMMARY The applicant, Whiteacre Development Corp, has applied for final plat (FP) approval of 25 single- family residential building lots and 6 common lots on 5.52 acres of land in an R-8 (medium-density residential) zoning district, for Whiteacre Subdivision No. 4. II. STAFF RECOMMENDATION Staff recommends approval of the Whiteracre Subdivision No. 4 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-2018-0020 as presented in the staff report for the hearing date of April 3, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0020, as presented during the hearing on April 3, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0020 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the west side of N. Meridian Road, between W. Ashton Drive and W. Lava Falls Drive, in the NW ¼ of Section 36, Township 4N., Range 1W. B. Applicant: Whiteacre Development Corp 701 Allen Street, Ste.104 Meridian, ID 83642 C. Owner: Thirteen Hectare, LLC 203 11th Ave. S. Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 1 Meridian City Council Meeting Agenda April 3, 2018 – Page 44 of 396 Nampa, ID 83642 D. Representative: Kent Brown, Kent Brown Planning Services 3161 E. Springwood Dr. Meridian, ID 83642 V. STAFF ANALYSIS The proposed final plat depicts 25 single-family residential building lots and 6 common lots on 5.52 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 4.58 dwelling units (d.u.) per acre with a net density of 7.33 d.u. per acre. All of the lots are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. The open space provided for this phase of development includes several street buffer common lots. No amenities are proposed for this phase of the development; constructed with previous phases. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same as shown on the approved preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall comply with all applicable conditions of approval associated with this site (H- 2016-0019, and recorded development agreement instrument #2016-051942). 2. The applicant has until January 8, 2020, to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. The final plat prepared by prepared by Idaho Survey Group, dated 2/7/2018, prepared by Gregory G. Carter, shall be revised as follows: a. Note #3 shall be revised to include the applicable Lot and Block #’s. b. Graphically depict the Coleman Lateral easement across Lots 5-11, Block 6. c. Add the following Note: Lots 5-11, Block 6 shall be subject to an irrigation easement in favor of the Settlers Irrigation District, for the operation and maintenance of the Coleman Lateral. d. Revise Note #10: 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. 4. The submitted landscape plan prepared by South Landscape Architecture, dated 02/05/2016 is approved as shown. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. All fencing installed on the site must comply with the fencing plan depicted on the landscape plan, the conditions in this report, and with the standards listed in UDC 11-3A-6 and 11-3A-7. The applicant is responsible for constructing fencing along all internal common lots. Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 2 Meridian City Council Meeting Agenda April 3, 2018 – Page 45 of 396 9. The fencing along the west boundary of Lots 5-11, Block 6 shall meet the requirements of UDC 11-3A-7, specifically the requirement that the “lattice” portion of the fencing not impede vision by more than 20%. 10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 11. The applicant shall construct homes within the proposed development consistent with the elevations approved with the recorded development agreement. 12. The applicant shall receive approval of the street names 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. 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, and 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. Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 3 Meridian City Council Meeting Agenda April 3, 2018 – Page 46 of 396 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 4 Meridian City Council Meeting Agenda April 3, 2018 – Page 47 of 396 purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 02/10/16) C. Proposed Final Plat (dated: 02/07/2018) D. Proposed Landscape Plan (dated: 02/05/16) Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 5 Meridian City Council Meeting Agenda April 3, 2018 – Page 48 of 396 Exhibit A – Vicinity Map Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 6 Meridian City Council Meeting Agenda April 3, 2018 – Page 49 of 396 Exhibit B – Approved Preliminary Plat (dated: 02/10/16) Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 7 Meridian City Council Meeting Agenda April 3, 2018 – Page 50 of 396 Exhibit C – Proposed Final Plat (dated: 02/07/2018) Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 8 Meridian City Council Meeting Agenda April 3, 2018 – Page 51 of 396 Exhibit D – Proposed Landscape Plan (dated: 02/05/16) Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 9 Meridian City Council Meeting Agenda April 3, 2018 – Page 52 of 396 Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 10 Meridian City Council Meeting Agenda April 3, 2018 – Page 53 of 396 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6C Project/File Number: Hill's Century Farm Subdivision No. 9 Item Title: Final Order for Hill's Century Farm Subdivision No. 9 (H-2018- 0019) by Brighton Investments, LLC Located at 1/4 Mile South of East Amity Road and 1/4 Mile East of South Eagle Road Meeting Notes BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 68 BUILDING LOTS AND 8 COMMON LOTS ON 19.65 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR HILL'S CENTURY FARM SUBDIVISION NO.9 BY: BRIGHTON INVESTMENTS, LLC APPLICANT HEARING DATE: MARCH 20, 2018 CASE NO. H-2018-0019 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 20, 2018 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 HILL'S CENTURY FARM SUBDIVISION NO. 9, LOCATED IN A PORTION OF THE NW %40F THE SE 1/4 AND A PORTION OF THE NE 14 OF THE SW 1/4, SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL'S CENTURY FARM SUB 9 — FP H-2018-0019 Page 1 of 3 2/8/2018, by AARON L. BALLARD, PLS, SHEET 1 OF 6," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated March 20, 2018, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Kameron Nauahi, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL'S CENTURY FARM SUB 9 — FP H-2018-0019 Page 2 of 3 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 3 r6 day of DV'i 52018. GO�Q�Rp,TED AUGoS i Attest: IDAHO C.jay ColesU N 2rF City Clerk �Ofrh° By. Tammy TMW Mayor, City 6,A4eridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: r Dated: q-5- 18 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL'S CENTURY FARM SUB 9 — FP H-2018-0019 Page 3 of 3 EXHIBIT A Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 PAGE 1 STAFF REPORT MEETING DATE: March 20, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for a final plat (FP) consisting of 68 building lots and 8 common area lots on 19.65 acres of land in an R-8 zoning district. This is the ninth phase of development of Hill’s Century Farm Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Hill’s Century Farm Subdivision No. 9 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0019, as presented in the staff report for the hearing date of March 20, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0019, as presented during the hearing on March 20, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located approximately ¼ mile south of E. Amity Rd. and ¼ mile east of S. Eagle Rd., in the south ½ of Section 33, Township T.3., Range 1E. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Owner: Same as applicant Meridian City Council Meeting Agenda April 3, 2018 – Page 58 of 396 EXHIBIT A Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 PAGE 2 D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 V. STAFF ANALYSIS The proposed final plat depicts 68 single-family residential building lots and 8 common lots on 19.65 acres of land in an R-8 zoning district. The minimum property size in this phase is 7,127 square feet (s.f.) with an average size of 8,901 s.f. A total of 1.04 of an acre (or 5.3%) of open space is provided with this phase. Qualified open space consists of landscaped parkways along internal local streets and a common lot with a micro-path. All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots in this phase is one fewer and the amount of common area is less than shown on the preliminary plat. In previous phases, there were 5 fewer lots [(2) in Phase 5 and (3) in Phase 7] and an increase in common area (in Phases 1, 5 and 7) for an overall total of 6 fewer lots; staff is unsure if the overall amount of common open space has increased/decreased from that approved with the preliminary plat. In order to be deemed in “substantial compliance” the final plat has to contain the same or fewer number of building lots and the amount of common open space has to be the same, increased or relocated with no reduction in the total amount. Overall, staff believes the proposed final plat is in substantial compliance with the approved preliminary plat. However, to ensure the overall qualified open space is the same or exceeds that approved with the preliminary plat, staff recommends an exhibit is submitted with the next final plat application that demonstrates overall compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. 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. 2. The final plat prepared by KM Engineering, stamped on 2/8/2018 by Aaron L. Ballard shall be revised as follows: a. References table: Complete #R3 and #R4. b. Note #12: Include recorded instrument number. c. Graphically depict the locations of the storm water drainage system described in note #16 on the face of the plat. 3. The landscape plan prepared by KM Engineering, dated 2/8/2018, shall be revised as follows: a. Graphically depict the storm water drainage area on Lot 14, Block 26 described in note #16 on the final plat. b. Include the storm drainage symbol in a legend and define as subsurface or swales. c. Correct the Open Space Calculations table to reflect Lot 9, Block 22 instead of Block 25. d. Include a minimum 5-foot wide pedestrian walkway within Lot 9, Block 22. Meridian City Council Meeting Agenda April 3, 2018 – Page 59 of 396 EXHIBIT A Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 PAGE 3 4. Future development shall be generally consistent with the conceptual building elevations included in the development agreement. 5. A sign shall be installed at the end of the stub street (S. Stockport Ave.) at the south boundary of the site stating that the street will be extended in the future. 6. An exhibit shall be submitted with the next final plat application that demonstrates overall compliance with the approved preliminary plat as required by UDC 11-6B-3C.2 VII. 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. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-14-012, Development Agreement #2015-003138; PP-14- 014). 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. 5. The applicant shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 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. 8. Future homes constructed within this development shall be generally consistent with the conceptual building elevations included in the development agreement. VIII. PROCESS CONDITIONS OF APPROVAL 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. 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. 3. 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 or obtain approval of a time extension as set forth in UDC 11-6B-7. 4. 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. 5. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. Meridian City Council Meeting Agenda April 3, 2018 – Page 60 of 396 EXHIBIT A Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 PAGE 4 IX. 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 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. Meridian City Council Meeting Agenda April 3, 2018 – Page 61 of 396 EXHIBIT A Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 PAGE 5 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 pe r 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 su rface 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 Meridian City Council Meeting Agenda April 3, 2018 – Page 62 of 396 EXHIBIT A Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 PAGE 6 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. X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 11/7/14) C. Proposed Final Plat (dated: 2/8/18) D. Proposed Landscape Plan (dated: 2/12/18) Meridian City Council Meeting Agenda April 3, 2018 – Page 63 of 396 EXHIBIT A Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 PAGE 7 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda April 3, 2018 – Page 64 of 396 EXHIBIT A Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 11/7/14) Phase 9 Meridian City Council Meeting Agenda April 3, 2018 – Page 65 of 396 EXHIBIT A Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 PAGE 9 Exhibit C – Proposed Final Plat (dated: 2/8/18) Meridian City Council Meeting Agenda April 3, 2018 – Page 66 of 396 EXHIBIT A Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 PAGE 10 Meridian City Council Meeting Agenda April 3, 2018 – Page 67 of 396 EXHIBIT A Hill’s Century Farm Subdivision No. 9 – FP H-2018-0019 PAGE 11 Exhibit D –Proposed Landscape Plan (dated: 2/12/18) Meridian City Council Meeting Agenda April 3, 2018 – Page 68 of 396 From:Kameron Nauahi To:Sonya Allen ; C.Jay Coles; Charlene Way ; Christopher Johnson Cc:Mike Wardle; Bruce Freckleton; Bill Parsons Subject:RE: Hill"s Century Farm Sub. 9 - FP H-2018-0019 Staff Recommendaiton to Council for March 20th Mtg Date:Wednesday, March 14, 2018 9:06:02 AM Attachments:Hill"s Century Farm Sub 9 - FP H-2018-0019 Staff Recommendation to Counc....pdf All, We are in agreement with the attached Hill’s Century Farm Subdivision No. 9 final plat staff report and the recommended conditions of approval; and ask that the item be placed on the City Council’s Tuesday, March 20 th consent agenda. Thank you, Kameron Nauahi | Assistant Project Manager BRIGHTON CORPORATION 12601 W. Explorer, Suite 200 | Boise, ID 83713 Direct 208.287.0504 | Cell 208.830.3629 From: Sonya Allen [mailto:sallen@meridiancity.org] Sent: Tuesday, March 13, 2018 5:19 PM To: C.Jay Coles <cjcoles@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Christopher Johnson <cjohnson@meridiancity.org> Cc: Mike Wardle <mwardle@brightoncorp.com>; Kameron Nauahi <knauahi@brightoncorp.com>; Bruce Freckleton <bfreckleton@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org> Subject: Hill's Century Farm Sub. 9 - FP H-2018-0019 Staff Recommendaiton to Council for March 20th Mtg Attached is the staff report for the proposed final plat for Hill’s Century Farm Sub. 9. This item is scheduled to be on the Council agenda on March 20 th . The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Mike/Kameron - Please submit any written response you may have to the staff report to the City Clerk’s office (cjcoles@meridiancity.org, cway@meridiancity.org , cjohnson@meridiancity.org and myself (e-mail or fax) as soon as possible. Thanks, Sonya City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancity.org EXHIBIT B Meridian City Council Meeting Agenda April 3, 2018 – Page 69 of 396 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda April 3, 2018 – Page 70 of 396 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6D Project/File Number: H-2017-0170 Item Title: Oaks West Subdivision Findings of Fact, Conclusions of Law for Oaks West Subdivision (H-2017-0170) by Hayden Homes Idaho, LLC, Located at the Southeast Corner of North McDermott Road and West McMillan Road Meeting Notes CITY OF MERIDIAN E IDIAN �- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 7.25+/- Acres of Land from Office to Medium Density Residential; Development Agreement Modification to Amend the Conceptual Development Plan Consistent with the Proposed Development; Rezone of 5.57 Acres of Land from the L -O to the R-8 Zoning District and 17.91 Acres of Land from the R-15 to the R-8 Zoning District; and Preliminary Plat Consisting of (100) Single -Family Residential Building Lots, (20) Common Lots and (2) Other Lots for a Well and Lift Station on 30.91 Acres of Land in the R-8 Zoning District, by Hayden Homes Idaho, LLC. Case No(s). H-2017-0170 For the City Council Hearing Date of. March 20, 2018 (Findings on April 3, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 20, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 20, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 20, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 20, 2018, 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 (LC. §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-2017-0170 00, V,5 W C71_ - I - 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the 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 March 20, 2018, 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 Comprehensive Plan Map Amendment, Development Agreement Modification, Rezone and Preliminary Plat is hereby approved per the provision in the Staff Report for the hearing date of March 20, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -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 1I - 6B -7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0170 0C1KS$k -2- 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 March 20, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0170 oc)Ly g WeS�- - 3 - r By action of the City Council at its regular meeting held on the day of A Pri 2018. l COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED 1��t COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED /6� COUNCIL MEMBER TY PALMER VOTED l/ �ACOUNCIL MEMBER TREG BERNT VOTED l COUNCIL MEMBER GENESIS M1LAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T Weerd �GOPeDRPTED AtiG`d' i Attest: 0kVor w IDIfo City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:_NA W Dated: V U City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0170 WV. -5 We,5}- - 4 - EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 1 STAFF REPORT Hearing Date: March 20, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Oaks West Subdivision – CPAM, MDA, RZ, PP (H-2017-0170) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Hayden Homes Idaho, LLC, has submitted an application for the following: Amendment to the Comprehensive Plan Future Land Use Map (CPAM) to change the land use designation on 7.25+/- acres of land from Office to Medium Density Residential (MDR); Development agreement modification (MDA) to amend the conceptual development plan consistent with the proposed development; Rezone (RZ) of 5.57 acres of land from the L-O to the R-8 zoning district; and 17.91 acres of land from the R-15 to the R-8 zoning district; and, Preliminary plat (PP) consisting of 100 single-family residential building lots, 20 common lots and 2 other lots for a well & lift station on 30.91 acres of land in the R-8 zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, and PP applications; in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on February 15, 2018. At the public hearing, the Commission moved to recommend approval of the subject CPAM, RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Engineering Solutions ii. In opposition: None iii. Commenting: None iv. Written testimony: Becky McKay, Engineering Solutions v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Changes to McDermott Rd. with the extension of SH-16 and the future overpass on McMillan Rd.; ii. The collector street through the site; iii. If this site is a good location for residential uses because of the overpass planned on McMillan Rd. and associated traffic and noise; or if it should be commercial because of the proximity of the future extension of SH-16; Meridian City Council Meeting Agenda April 3, 2018 – Page 72 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 2 iv. Would like to see more usable common area provided centrally within the development with a nice amenity. d. Commission Change(s) to Staff Recommendation: i. Modification to condition #2.1.3 as requested by Staff (see Exhibit B). ii. Delete DA provision #1.1c and associated condition #1.2.3, which required all of the street buffer landscaping and sidewalk adjacent to McMillan and McDermott Roads to be constructed with the first phase of development; this will allow these improvements to be constructed with each phase of development. iii. Delete the last sentence in DA provision #1.1e and associated condition #1.2.1b, which requires right-of-way for the future overpass to be depicted on the plat in a separate common lot for dedication purposes. iv. Delete condition #1.2.10 that required noise abatement as McMillan Rd. and the future overpass is not a state highway and thus, does not require noise abatement. e. Outstanding Issue(s) for City Council: i. Park’s Dept. staff requests the following change to condition #6.8 in Exhibit B: “The 10’ multi-use pathway (dedicated 14’ easement) shall extend north from the Five Mile Creek pathway within the street buffer along N. McDermott Road to McMillan Road and east within the street buffer along W. McMillan Road for access to the future overpass. The pathway may be constructed instead of the sidewalk if allowed by ACHD.” ii. The Commission requested the applicant identify 2 building lots in phase 2 that can be converted to open space. The Meridian City Council heard these items on March 20, 2018. At the public hearing, the Council approved the subject CPAM, MDA, RZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Becky McKay, Engineering Solutions; Tim Mokwa, Hayden Homes ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Mark Niemeyer b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Noise abatement along west side of property adjacent to the future extension of SH-16; ii. The proximity of the access proposed via McMillan Rd. in relation to the overpass planned on McMillan Rd.; iii. Future construction of the SH-16 extension off-site to the west, the future overpass on McMillan Rd. and the bypass plan for McDermott Rd.; and, iv. Making future home buyers aware of the future extension of SH-16 and associated overpass on McMillan Rd. v. Provision of additional landscaping within the street buffer along N. McDermott Rd. to buffer the future extension of SH-16. d. Key Council Changes to Commission Recommendation i. Modification to development agreement provision #1.1b and condition #6.8 in Exhibit B to remove the requirement for the 10-foot wide multi-use pathway to extend east within the street buffer along W. McMillan Rd. ii. Require the provision of additional landscaping, including conifers, within the street buffer along N. McDermott Rd. for sound mitigation as agreed upon by the applicant (see condition #1.2.2h). Meridian City Council Meeting Agenda April 3, 2018 – Page 73 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 3 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0170, as presented in the staff report for the hearing date of March 20, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0170, as presented during the hearing on March 20, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0170 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 the southeast corner of N. McDermott Rd. and W. McMillan Rd., in the NW ¼ of Section 33, Township 4N., Range 1W. Parcel Number: S0433223010 B. Owner(s): New Oaks, LLC 5662 Calle Real #254 Goleta, CA 93117 C. Applicant: Hayden Homes Idaho, LLC 1406 N. Main Street, Suite 109 Meridian, ID 83642 D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, Idaho 83642 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for an amendment to the Comprehensive Plan Future Land Use Map, development agreement medication, rezone and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on all of these applications except for the development agreement modification, which only requires Council approval, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: January 26, 2018 (Commission); March 2, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: January 22, 2018 (Commission); February 23, 2018 (City Council) Meridian City Council Meeting Agenda April 3, 2018 – Page 74 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 4 D. Applicant posted notice on site(s) on: February 5, 2018 (Commission); March 10, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: A City well and lift station exists on a portion of this site; the remaining area consists of undeveloped agricultural land, zoned R-8, R-15 and L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Land approved for single-family residential properties in Oaks North Subdivision, zoned R-4 and R-8 2. East: Single-family residential properties in the development process in Oaks South Subdivision, zoned R-4 and R-8 3. South: Land approved for single-family residential properties in Aegean Subdivision, zoned R-4 and R-8 4. West: N. McDermott Road; rural residential property, zoned RUT in Ada County C. History of Previous Actions: In 2008, this property was annexed and zoned (AZ-08-004) with the R-8 and R-15 zoning districts with the Oak Creek (aka The Oaks) development application and included in the development agreement (Instrument No. 109009629). In 2013, the then R-8 zoned portion of the site was rezoned to L-O and R-15; and the northern portion of the then R-15 zoned area was rezoned to R-8 (RZ-13-008). A development agreement modification (MDA-13-015) was approved that replaced the development agreement (Instrument No. 109009629) recorded for the Oak Creek development that was recorded as Instrument No. 114030972. The conceptual development plan approved for this site depicted a Western Ada Recreation District park, fire station, office and multi-family uses. The L-O zoning was approved based on Council’s approval of the applicant’s request to “float” the Office future land use map designation from near the mid-mile on the south side of McMillan Road to the subject property without an amendment to the FLUM. Medium- density residential uses were then approved for the former Office designated area. Since 2013, the Western Ada Recreation District has determined that it’s not in their budget to develop a park on this site and the City has determined there is not a need for a neighborhood park in this area. The Fire Department found a better location for a determined that this site wasn’t the best location for a fire station and no longer needs a fire station on this site. In 2017, a Certificate of Zoning Compliance and Design Review application (A-2016-0323) was approved for the construction of a 900 square foot building housing a pump for City Well #29. D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in W. Quintale Drive. Service is via a lift station that is located within this proposed development. b. Location of water: A water main intended to provide service to the subject site currently exists in W. Quintale Drive and in W. McMillan Road. Meridian City Council Meeting Agenda April 3, 2018 – Page 75 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 5 c. Issues or concerns: Applicant shall be responsible for the extension of utilities to and through the proposed development, including the water mainline extension along the project frontage in W. McMillan and McDermott Roads from W. Quintale Drive to the south boundary line extended. E. Physical Features: 1. Canals/Ditches Irrigation: There are no major waterways that cross this site. The Five Mile Creek runs off-site along the south boundary. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion of this site along the southern boundary is located within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates the property that is subject to the proposed preliminary plat as Medium Density Residential (MDR). The MDR designation allows for the development of smaller lots for residential purposes within the City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The Comprehensive Plan FLUM designates the property to the east that is subject to the proposed map amendment as Office (see Exhibit A.2). Office designations provide opportunities for low- impact business areas. These would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). As noted above in Section VI.C above, when the northeast portion of this property was rezoned to L- O (Limited Office) in 2013, the Council did so based on the applicant’s request to “float” the Office designation from the east at the mid-mile to the subject property. Subsequently, medium density single-family residential uses were developed on the former Office designated property. Because no office uses are now proposed to develop on this site, staff requested the applicant apply for an amendment to the FLUM to remove the Office designation from the map. The applicant proposes to develop this 30.91 acre site with 100 single-family residential detached homes at a gross density of 3.3 dwelling units per acre and a net density of 5.88 units per acre, which although at the low end, is within the density desired in the MDR designation. GOALS, OBJECTIVES, & ACTION ITEMS: 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) Medium density single-family residential detached homes are proposed on this site as depicted on the preliminary plat in Exhibit A.4; staff is unaware how “affordable” the units will be. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) A stub street (i.e. W. Quintale Dr.) exists to this site at the east boundary and will be extended with development. “Require pedestrian access connectors in all new development to link subdivisions Meridian City Council Meeting Agenda April 3, 2018 – Page 76 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 6 together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A segment of the City’s multi-use pathway system is required to be constructed along the south boundary of this site; a pedestrian connection is proposed to this pathway from the proposed development, which will promote neighborhood connectivity. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has been annexed into the City. Urban services can be provided to this property upon development. “Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) COMPASS submitted the following recommendation: “Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) The MSM does not show any new arterial or collector roadways in this area. However, Trident Ave. and Quintale Dr. are proposed to be constructed as collector streets. “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The segment of pathway that will be constructed with this project along the south boundary adjacent to the creek will contribute to the eventual pathway connections to adjacent cities. “Protect citizen investments in existing public facilities (water, sewer, streets, fire, police, etc.) by encouraging controlled growth through development application reviews and development agreements.” (3.04.01G) The proposed project abuts an urban residential development to the east and will be well served by the City. “Coordinate with ACHD, ITD, COMPASS, and other agencies to determine future infrastructure plans, transportation corridors, highway alignments, etc. and allow only compatible adjacent land uses, appropriate site designs and traffic patterns.” (3.06.02H) The applicant should coordinate with ITD to determine future infrastructure plans for the overpass planned on W. McMillan Rd. “Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” (5.01.01E). The Five Mile Creek runs along the south boundary of this site and should be left open and not be piped and should be protected during development. Meridian City Council Meeting Agenda April 3, 2018 – Page 77 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 7 STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. The following analysis is based on the area currently depicted as Office on the FLUM: a. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff finds that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on December 7, 2017 of which three people attended (see sign-up sheet included in application). b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. School Facilities and Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. The existing development on this site contains approximately 17 residential homes. The school district did not submit comments on this application; therefore, staff is unaware how these new homes have affected existing school facilities and student transportation. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. e. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding requests for land use changes. The subject property is currently identified as appropriate for office uses; however, based on Council’s previous approval to “float” the Office designation to the west, this property was developed with medium density residential uses consistent with what the property to the west was designated (i.e MDR). Meridian City Council Meeting Agenda April 3, 2018 – Page 78 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 8 f. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. g. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. h. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be extended with development by the developer. i. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The existing traffic corridors (i.e. W. McMillan, N. Black Cat and N. McDermott Roads) should provide efficient and safe transportation to and from the development. j. Recreation Recreation resources within Meridian include 21 developed City parks totaling approximately 274 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This specific site is not formally designated for recreational purposes but there is a park designation on the FLUM within this section to the south of this property; however, the City Park’s Department has determined a park isn’t needed in this area. The site is located within a couple of miles of neighborhood parks such as Seasons Park, Keith Bird Legacy Park, and Reta Huskey Park. k. Special Areas or Sites The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. l. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This site is designated for office uses but residential uses have developed on the site based on Council’s previous decision to “float” the Office designation to the west to property that was designated MDR; the MDR designation in turn “floated” to the east to the subject property. m. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. Single-family residential housing has been constructed on this site in place of office uses as originally planned. Staff finds the residential uses are compatible with adjacent uses and are appropriate for this area. n. Agriculture The subject amendment does not impact areas being used for farming activities. Meridian City Council Meeting Agenda April 3, 2018 – Page 79 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 9 o. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. p. National Interest Electric Transmission Corridors This site is not designated for a high-voltage transmission line corridor. q. Public Airport Facilities This site is not designated for a public airport facility. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District(s): 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 (UDC 11-2A-1). B. Schedule of Use: 1. UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in UDC 11-3B-7C; and within common areas in accord with the standards listed in 11-3G-3E. E. Off-Street Parking: NA (not required or reviewed with the subject application) IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 7.25+/- acres of land from Office to Medium Density Residential (MDR). The proposed amendment will update the FLUM to reflect what is actually developed on the site in accord with the Council’s previous decision to “float” the Office designation to the west and the MDR designation to the east to the subject property. Now that Office uses are not proposed to develop on the site where the Office designation was floated and residential uses were developed on the property where the Office designation was originally, the map should be updated accordingly as proposed. For the reasons stated in Section VII above, Staff is in support of the applicant’s request. Meridian City Council Meeting Agenda April 3, 2018 – Page 80 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 10 B. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the existing Development Agreement (DA) is proposed to remove the subject property from The Oaks South development agreement (Inst. #109009629); and draft a new DA for the subject property with the current property owner and developer which has changed since the original agreement. The concept plan included in the existing DA for this site depicts a park, fire station, office and multi-family development, which is no longer proposed (see Exhibit A.3). The applicant instead proposes to construct 100 single-family homes, a lift station, and a well on this property as depicted on the preliminary plat included in Exhibit A.4. The proposed development is consistent with the FLUM designation of MDR and density for this site as discussed above in Section VII. C. REZONE (RZ): A rezone (RZ) of 5.57 acres of land from the L-O to the R-8 zoning district; and 17.91 acres of land from the R-15 to the R-8 zoning district is proposed consistent with the MDR FLUM designation as discussed above in Section VII. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The property is within the City’s 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. To ensure the site develops as proposed and recommended by staff with this application and in accord with the Comprehensive Plan, staff recommends a DA is required as a provision of the rezone containing the provisions included in Exhibit B. D. PRELIMINARY PLAT (PP): The applicant proposes a Preliminary plat (PP) consisting of 100 single-family residential building lots, 20 common lots and 2 other lots for the existing well (#29) & lift station on 30.91 acres of land in the R-8 zoning district. Proposed lots range in size from 5,250 to 10,940 square feet with an average lot size of 7,410 square feet. The subdivision is proposed to develop in two (2) phases with the portion south of W. Quintale Dr. developing first. Existing Structures: A City lift station and well house (#29) exist on this site. Dimensional Standards: The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district; and 11- 6C-3 Subdivision Design & Improvement Standards. All of the proposed lots comply with the minimum standards. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. The preliminary plat depicts one (1) access via W. McMillan Rd. and one (1) access via N. McDermott Rd. (see Exhibit A.4). A stub street (W. Quintale Dr.) exists at the east boundary of this site that is proposed to be extended with development. An access was approved with the Certificate of Zoning Compliance (A-2016-0323) for the well lot on Lot 6, Block 1 via W. Quintale Drive; the proposed plat depicts an access via N. McDermott Rd. and no access via Quintale. The access via McDermott should only be temporary until Quintale is constructed; at that time, the access via McDermott should be removed. An access via N. McDermott Rd. is proposed for the lift station on Lot 7, Block 1. Meridian City Council Meeting Agenda April 3, 2018 – Page 81 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 11 Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D. There are several common driveways proposed within this development. Common driveways are required to be straight or provide a twenty eight foot (28') inside and forty eight foot (48') outside turning radius. All properties that abut a common driveway shall take access from the driveway; however, if an abutting property has the required minimum street frontage, that property is not required to take access from the common driveway. In this situation, the abutting property's driveway shall be on the opposite side of the shared property line; away from the common driveway. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five foot (5') wide landscaped buffer. For any plats using a common driveway, the setbacks, fencing, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. A perpetual ingress/egress easement shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Traffic Impact Study (TIS): A TIS was not required by ACHD for this development. A TIS for the Oaks South and North developments was approved by ACHD in 2013. Transportation: The future State Highway 16 is planned to be extended 300’+/- to the west of McDermott Road north/south between SH 20-26 (Chinden Blvd.) and I-84. An overpass is planned on W. McMillan Road with the extension of SH 16 along the north boundary of this site. Additional right-of-way will need to be dedicated for the future construction of the overpass to include the associated toe of bank and should be depicted on the plat based on the Idaho Transportation Department’s latest plans. A report/letter has not yet been received from ITD in response to this application; therefore, staff is unaware how the future overpa ss will effect development of this site. Staff is concerned that the overpass will negatively affect future adjacent residents. Previously, a park and office uses were planned adjacent to the north boundary which would be affected less than residential uses. Staff recommends a provision is included in the DA that the developer disclose to future homeowners the future plans for this area in relation to the extension of SH-16 and the overpass on McMillan Rd. The applicant’s narrative states that W. Quintale Dr. and N. Trident Ave. will function as a loop collector road allowing for a bypass for McDermott Rd. in the future when the second phase of the SH 16 extension is constructed. City Well Lot & Lift Station Lot: Staff recommends that within thirty (30) days of the final plat for Phase I being recorded, the developer dedicate Lots 6 (well #29) and 7 (lift station), Block 1 to the City. Landscaping: Landscaping is required to be provided on the site as set forth in UDC Table 11- 2A-6 and should be landscaped in accord with the standards listed in UDC 11-3B-7C for street buffers and 11-3G-3E for common area. A 35-foot wide street buffer is required along N. McDermott Rd., an entryway corridor; a 25-foot wide buffer is required along W. McMillan Rd., an arterial street; and a 20-foot wide buffer is required along W. Quintale Dr. and N. Trident Ave., both collector streets, as set forth in UDC Table 11-2A-6 for the R-8 district, landscaped in accord with the standards listed in UDC 11-3B- 7C. The plat and landscape plan need to be revised to reflect the required street buffer outside of the toe of the slope and right-of-way associated with the overpass. A separate common lot Meridian City Council Meeting Agenda April 3, 2018 – Page 82 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 12 for future right-of-way dedication for the SH-16 overpass on W. McMillan Rd. should be depicted on the plat and landscape plan. Parkways: Parkways are required to comply with the standards listed in UDC 11-3A-17E. Eight- foot wide parkways are proposed along all internal streets with landscaping; calculations that demonstrate compliance with the standards listed in UDC 11-3A-17E should be included on the plan. Open Space: A minimum of 10% (or 3.1 acres) qualified open space is required to be provided on this site per UDC 11-3G-3A.1 in accord with the standards listed in UDC 11-3G-3B. A total of 5.28 acres (or 17.08%) is proposed per the Open Space Location Map in Exhibit A.6; however, some of the area counted does not qualify toward the minimum requirements – the exhibit map should be revised to only include the areas allowed in UDC 11-3G-3B. The following areas that were counted do not qualify: the drainage area on Lot 19, Block 1 can only count if the drainage area is designed in accord with the standards listed in UDC 11-3B-11 (it doesn’t appear to comply with those standards); the common area on Lot 15, Block 5 doesn’t meet the minimum area requirements although the parkway area can be counted if it complies with the standards listed in UDC 11-3A-17E; the street buffer shown along W. McMillan Rd. is incorrect (it includes future right- of-way area where the toe of the slope for the overpass will be located) There is not a lot of consolidated open space for gathering within this development, especially with one large area encompassed by a drainage facility (i.e. Lot 19, Block 1); staff recommends the applicant look at ways to create more consolidated open space. Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in UDC 11-3G-3C is required to be provided within this development. A segment of the City’s multi-use pathway system is proposed along the south boundary of the site adjacent to the Five Mile Creek in accord with the Pathways Master Plan; internal micro-paths and a fitness station are proposed as amenities for the site. A detail of the fitness station should be submitted with the final plat application. The proposed development is to be included in the existing homeowner’s association for the Oaks South development to the east and will utilize the open space (15.15%) and amenities (swimming pool, a central park area with playground equipment, a picnic shelter, multi-use pathway along the creek and smaller pocket parks) installed with that development. Pathways: The Pathways Master Plan depicts a 10-foot wide multi-use pathway along the southern boundary of this site adjacent to the Five Mile Creek. The pathway is required to be placed within a 14-foot wide public pedestrian easement; an easement should be submitted to the Planning Division prior to City Engineer signature on the final plat. The applicant should coordinate with Kim Warren, Park’s Department Pathways Project Manager (208-888- 3579), regarding specifications for the pathway. Because the future extension of SH-16, approximately 300’ to the west of this site, will prohibit the continuous extension of the multi-use pathway along the Five Mile Creek, staff recommends a 10-foot wide pathway connection is provided to the north to the future overpass within the street buffer along N. McDermott Rd. to Quintale, then east to Trident and north to McMillan to the future overpass. Meridian City Council Meeting Agenda April 3, 2018 – Page 83 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 13 Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Detached sidewalks are proposed along all internal streets as well as adjacent to collector and arterial streets as required. Waterways: The Five Mile Creek runs off-site along the south boundary of this site and is required to be left open as a natural waterway and not be piped or otherwise covered in accord with the Comprehensive Plan and UDC 11-3A-6. This waterway should be protected during construction. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. Four-foot tall vinyl lattice fence is proposed along the south boundary of the site adjacent to the Five Mile Creek and adjacent to the internal common area and micro-paths on Lot 1, Block 3. A solid 6-foot tall vinyl fence is proposed at the back edge of the street buffers along N. McDermott Rd., W. McMillan Rd., N. Trident Ave., and W. Quintale Dr. A 6-foot tall vinyl fence exists along the east boundary of the site that was constructed with the adjacent development. Noise Abatement: Traffic noise abatement is required for residential uses adjoining state highways (i.e. future SH 16) in accord with the standards listed in UDC 11-3H-4D. A detail for the proposed noise abatement that complies with these standards should be submitted prior to the City Council meeting. Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by the Settler’s Irrigation district. The Oaks South Homeowner’s Association will own and maintain the system. 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. Floodplain: A portion of this site along the southern boundary is located within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. Building Elevations: Photos of a variety of single-family residential detached homes were submitted with this application that demonstrate what future homes within this development will look like (see Exhibit A. 7). Single-family detached units aren’t subject to design review standards in the Architectural Standards Manual. However, because homes that back up to W. McMillan and N. McDermott Roads, both arterial streets, and W. Quintale and N. Trident Ave., both collector streets, will be highly visible, staff recommends the rear and/or side of structures that face these streets, incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. Meridian City Council Meeting Agenda April 3, 2018 – Page 84 of 396 EXHIBIT A Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 14 X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing and Proposed Future Land Use Map 3. Existing Conceptual Development Plan Included in Development Agreement 4. Preliminary Plat (dated: 12/19/2017 2/15/2018) 5. Landscape Plan (dated: 9/5/2017 3/20/2018) 6. Open Space Exhibit (dated: 2/9/2018 2/19/2018) 7. Conceptual Building Elevation Photos B. Agency & Department Comments C. Legal Description & Exhibit Map for Rezone Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda April 3, 2018 – Page 85 of 396 EXHIBIT A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning Map Meridian City Council Meeting Agenda April 3, 2018 – Page 86 of 396 EXHIBIT A - 2 - Exhibit A.2: Existing and Proposed Future Land Use Map Meridian City Council Meeting Agenda April 3, 2018 – Page 87 of 396 EXHIBIT A - 3 - Exhibit A.3: Existing Conceptual Development Plan Included in Development Agreement Meridian City Council Meeting Agenda April 3, 2018 – Page 88 of 396 EXHIBIT A - 4 - Exhibit A.4: Preliminary Plat (dated: 12/19/2017 2/15/2018) Meridian City Council Meeting Agenda April 3, 2018 – Page 89 of 396 EXHIBIT A - 5 - Exhibit A.5: Landscape Plan (dated: 12/18/2017 March 20, 2018) Meridian City Council Meeting Agenda April 3, 2018 – Page 90 of 396 EXHIBIT A - 6 - Meridian City Council Meeting Agenda April 3, 2018 – Page 91 of 396 EXHIBIT A - 7 - Meridian City Council Meeting Agenda April 3, 2018 – Page 92 of 396 EXHIBIT A - 8 - Exhibit A.6: Open Space Exhibit (dated: 2/9/2018 2/19/2018) Meridian City Council Meeting Agenda April 3, 2018 – Page 93 of 396 EXHIBIT A - 9 - Exhibit A.7: Conceptual Building Elevation Photos Meridian City Council Meeting Agenda April 3, 2018 – Page 94 of 396 EXHIBIT A - 10 - Meridian City Council Meeting Agenda April 3, 2018 – Page 95 of 396 EXHIBIT A - 11 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1 A new Development Agreement (DA) is required as a provision of the rezone and development agreement modification for this property between the City of Meridian, the property owner(s) and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the new 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 approval of the DA modification and the rezone ordinance approval. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall substantially comply with the preliminary plat, landscape plan and conceptual building elevation phots included in Exhibit A and the conditions contained herein. b. Provide a segment of the City’s 10-foot wide multi-use pathway along the Five Mile Creek and north within the street buffer along N. McDermott Rd. to W. McMillan Rd. for access to the future overpass in accord with the Pathways Master Plan. A 14-foot wide public pedestrian easement for the pathway is required to be submitted to the Planning Division, approved by City Council and recorded. The applicant shall coordinate with Kim Warren, Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for the pathway. c. A detached sidewalk and street buffer landscaping shall be constructed along the entire frontage of the site along N. McDermott Road and W. McMillan Road with the first phase of development. d. The developer shall disclose to future homeowners that lie in close proximity to W. McMillan Rd. on the north side of W. Quintale Drive the future plans for this area in regard to the extension of SH-16 and the overpass on W. McMillan Rd. e. The developer shall coordinate with the Idaho Transportation Department on the amount of right-of-way necessary for construction of the future overpass on W. McMillan Road prior to submittal of the final plat application for the second phase of development. Right-of-way for the overpass project shall be depicted on the plat in a separate common lot for dedication purposes. f. Within thirty (30) days of the final plat for Phase I being recorded, the developer shall dedicate Lots 6 (well #29) and 7 (lift station), Block 1 to the City of Meridian. g. The access via N. McDermott Rd. for City well #29 shall be temporary until such time as W. Quintale Drive is constructed; at that time, the access via McDermott shall be removed. h. A 10-foot wide multi-use pathway is required to be constructed along the south boundary of the site adjacent to the Five Mile Creek; and north from the pathway along the creek within the street buffer along N. McDermott Rd. to Quintale; then east within the street buffer along Quintale to Trident; and then north within the street buffer along Trident to W. McMillan Rd. to the future overpass for a connection over the future SH-16. 1.2 Site Specific Conditions – Preliminary Plat 1.2.1 The preliminary plat included in Exhibit A.4, dated 12/19/2017, shall be revised as follows: a. Depict the location of the toe of the slope/future right-of-way for the future overpass on W. McMillan Road. The common lot for the street buffer needs to be outside of this area. Meridian City Council Meeting Agenda April 3, 2018 – Page 96 of 396 EXHIBIT A - 12 - b. Include a separate common lot for future right-of-way dedication for the SH-16 overpass on W. McMillan Rd. c. Depict an access easement via W. Quintale Dr. across the common lot for the City well on Lot 6, Block 1; the existing access via McDermott shall be removed once access via Quintale is available. d. Depict an access easement via McDermott Rd. across the common lot for the City lift station on Lot 7, Block 1 1.2.2 The landscape plan included in Exhibit A.5, dated 12/18/2017, shall be revised as follows: a. The street buffer along W. McMillan Rd. needs to be located outside of the future right-of- way/toe of the slope for the construction of the overpass on W. McMillan Rd. b. Include calculations for parkways that demonstrate compliance with the standards listed in UDC 11-3A-17E. c. Depict the location of the proposed fitness station on the plan. d. Revise the plan to coincide with revisions to the plat noted above in condition #1.2.1. e. Depict an access via W. Quintale Drive for Lot 6, Block 1; the temporary access via N. McDermott Rd. shall be removed once access via Quintale is available. f. Future landscaping shall be depicted in the area where the temporary access via N. McDermott Rd. is proposed for Lot 6, Block 1. g. Depict the 10-foot wide pathways required within the street buffer along N. McDermott and W. McMillan Roads to the future overpass. h. Provide additional landscaping, including conifers, within the street buffer along N. McDermott Rd. for sound mitigation from the future SH-16. 1.2.3 The entire street buffer and sidewalk along W. McMillan Road and N. McDermott Rd. shall be constructed with the first phase of development. 1.2.4 A minimum of 10% (or 3.1 acres) qualified open space is required to be provided on this site per UDC 11-3G-3A.1 in accord with the standards listed in UDC 11-3G-3B. The qualified open space map in Exhibit A.6 shall be revised to only include qualified area. Submit a revised plan prior to the City Council hearing that demonstrates compliance with the minimum standards. Additionally, staff recommends more consolidated open space is provided. 1.2.4 Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 1.2.5 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.2.6 Comply with the standards for common driveways listed in UDC 11-6C-3D, including but not limited to the following: a. For any plats using a common driveway, the setbacks, fencing, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. b. A perpetual ingress/egress easement shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 1.2.7 Submit a detail of the proposed fitness station. Meridian City Council Meeting Agenda April 3, 2018 – Page 97 of 396 EXHIBIT A - 13 - 1.2.8 Submit a 14-foot wide public pedestrian easement to the Planning Division for the segment of the multi-use pathway proposed along the southern boundary of this site adjacent to the Five Mile Creek prior to City Engineer signature on the final plat. 1.2.9 The Five Mile Creek which runs off-site along the south boundary of this site is required to be left open as a natural waterway and not be piped or otherwise covered and shall be protected during construction in accord with the Comprehensive Plan and UDC 11-3A-6. 1.2.10 Traffic noise abatement is required for residential uses adjoining state highways (i.e. future SH 16) in accord with the standards listed in UDC 11-3H-4D. A detail/cross-section for the proposed noise abatement (in relation to the future overpass) that complies with these standards shall be submitted prior to the City Council meeting. 1.2.11 Homes that back up to W. McMillan and N. McDermott Roads, both arterial streets, and W. Quintale and N. Trident Ave., both collector streets, shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop- outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 1.3 General Conditions of Approval – Preliminary Plat 1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 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 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 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 all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.3.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Standards Manual. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Meridian City Council Meeting Agenda April 3, 2018 – Page 98 of 396 EXHIBIT A - 14 - 1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.4 Ongoing Conditions of Approval – Preliminary Plat 1.4.1 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. 1.5 Process Conditions of Approval – Preliminary Plat 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. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A sanitary sewer main intended to provide service to the subject site currently exists in W. Quintale Drive. Service is via a lift station that is located within this proposed development. 2.1.2 A water main intended to provide service to the subject site currently exists in W. Quintale Drive and in W. McMillan and McDermott Roads. The seepage bed shown on W Quintale Drive north of the City well lot is in the pipe zone for the existing water main coming from the well. Recommend relocating this seepage bed to another location. 2.1.3 Applicant shall be responsible for the extension of utilities to and through the proposed development, including the water mainline extension along the project frontage in McMillan McDermott Road from W. Quintale Drive to the south boundary line extended. 2.1.4 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.1.5 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 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 Meridian City Council Meeting Agenda April 3, 2018 – Page 99 of 396 EXHIBIT A - 15 - 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. 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 wi th 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. Meridian City Council Meeting Agenda April 3, 2018 – Page 100 of 396 EXHIBIT A - 16 - 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 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 not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.3 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 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. Meridian City Council Meeting Agenda April 3, 2018 – Page 101 of 396 EXHIBIT A - 17 - 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. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 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. 4.8 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. 4.9 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. 4.10 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.11 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4.12 Secondary emergency access routes shall be protected from illegal entry by a gate or collapsible bollards as set forth in IFC 503.5. An example would be the MaxiForce Collapsible bollards that is wrench activated or an approved equal. 5. REPUBLIC SERVICES 5.1 The applicant shall revise the landscape plan to include a concrete pad at the end of the common drive no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Please contact Bob Olson at Republic Services (345-1265) for additional information. 6. PARKS DEPARTMENT 6.1 The applicant shall design and construct a multi-use pathway consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. The Master Plan requires a multi-use pathway along Five Mile Creek for the length of the development. 6.2 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. Meridian City Council Meeting Agenda April 3, 2018 – Page 102 of 396 EXHIBIT A - 18 - 6.3 Provide a paved, accessible pedestrian connection between the McDermott Road sidewalk and the westernmost end of the Five Mile Creek Pathway 6.4 Prior to Certificate of Occupancy, the applicant shall record a public access easement for the multi- use pathway(s) along Five Mile Creek and submit copy of said easement to the Planning Department. 6.5 Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi-use pathway along Five Mile Creek, and [as needed] to connect to the McDermott Road sidewalk on the final plat. 6.6 The applicant shall have an ongoing obligation to maintain all pathways. 6.7 Prior to Certificate of Occupancy, the applicant shall submit materials testing reports documenting that construction of multi-use pathway complies with the City’s pathway design standards. 6.8 The 10’ multi-use pathway within a dedicated 14’ easement shall extend north from the Five Mile Creek pathway within the street buffer along N. McDermott Road to W. Quintale Drive; then east within the street buffer along W. Quintale Drive to N. Trident Dr.; and then north within the street buffer along Trident to W. McMillan Road for access to the future overpass for access over future SH-16. The pathway may be constructed instead of the sidewalks adjacent to streets if allowed by ACHD. 7. ADA COUNTY HIGHWAY DISTRICT (ACHD) – DRAFT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate additional right-of-way to total 37-feet from centerline of McMillan Road abutting the site. 7.1.2 Improve McMillan Road with 17-feet of pavement from centerline, a 3-foot gravel shoulder, a borrow ditch and 5-foot wide detached sidewalk. 7.1.3 Dedicate additional right-of-way to total 37-feet from centerline of McDermott Road abutting the site. 7.1.4 Construct McDermott Road as ½ of a 46-foot street section with vertical curb, gutter and 5-foot wide detached sidewalk. 7.1.5 Provide a permanent easement for any public sidewalk placed outside of the dedicated right-of- way on McMillan Road and McDermott Road. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. 7.1.6 Construct the new north/south collector, Trident Avenue, located 200-feet west of the east property line as a 36-foot street section with vertical curb, gutter, an 8-foot planter strip and 5- foot wide detached concrete sidewalk within 50-feet of right-of-way. The right-of-way width can be reduced to 2-feet behind the back of curb if the applicant constructs the detached sidewalk as proposed. 7.1.7 Construct the new east/west collector, Quintale Drive, from the west property line to the east property line as a 36-foot street section with vertical curb, gutter, an 8-foot planter strip and 5- foot wide detached concrete sidewalk within 50-feet of right-of-way. The right-of-way width can be reduced to 2-feet behind the back of curb if the applicant constructs the detached sidewalk as proposed. 7.1.8 Construct Trident Avenue to intersect McMillan Road located approximately 918-feet east of McDermott Road. 7.1.9 Construct Quintale Drive through the site to intersect McDermott Road located approximately Meridian City Council Meeting Agenda April 3, 2018 – Page 103 of 396 EXHIBIT A - 19 - 500-feet south of McMillan Road. 7.1.10 Provide a permanent easement for any public sidewalk placed outside of the dedicated right-of- way on Trident Avenue and Quintale Drive. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. 7.1.11 Construct all local internal streets as 33-foot street sections with curb, gutter, and an 8-foot wide planter strip and 5-foot wide detached concrete sidewalk within 47-feet of right-of-way. The right-of-way width can be reduced to 2-feet behind the back of curb if the applicant constructs the detached sidewalk as proposed. 7.1.12 Construct the cul-de-sac at the terminus of Los Flores Court with a minimum turning radius of 45-feet. 7.1.13 Provide a permanent right-of-way easement for public sidewalks placed outside of the dedicated right-of-way on the local streets. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. 7.1.14 The two existing paved driveways from the site onto McDermott Road located approximately 690-feet and 770-feet from McMillan Road are to remain open. 7.1.15 Construct a 25-foot wide shared driveway onto Trident Avenue located approximately 220-feet south of McMillan Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway. 7.1.16 Direct lot access is prohibited to McMillan Road, McDermott Road, Trident Avenue and Quintale Drive other than the access specifically approved with this application and shall be noted on the final plat. 7.1.17 Payment of impact fees is due prior to issuance of a building permit. 7.1.18 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 Meridian City Council Meeting Agenda April 3, 2018 – Page 104 of 396 EXHIBIT A - 20 - prior to breaking ground within ACHD right -of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 8. IDAHO TRANSPORTATION DEPARTMENT (ITD) From Letter to the City from ITD dated 2/15/18: Meridian City Council Meeting Agenda April 3, 2018 – Page 105 of 396 EXHIBIT A - 21 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda April 3, 2018 – Page 106 of 396 EXHIBIT A - 22 - Meridian City Council Meeting Agenda April 3, 2018 – Page 107 of 396 EXHIBIT A - 23 - Meridian City Council Meeting Agenda April 3, 2018 – Page 108 of 396 EXHIBIT A - 24 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed map amendment from Office to Medium Density Residential is consistent with other elements of the Comprehensive Plan as noted in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to modify the Future Land Use Map to allow for medium density residential uses will be compatible with existing abutting residential uses. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment will be compatible with adjacent existing and future residential uses. f. The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment will not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the residential development of this property is consistent with the proposed map amendment and will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII, VIII, and IX and the subject findings above, the City Council finds that the proposed amendment is in the best interest of the City. 2. 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 a rezone, the Council shall make the following findings: Meridian City Council Meeting Agenda April 3, 2018 – Page 109 of 396 EXHIBIT A - 25 - a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the MDR FLUM designation for this site and should be compatible with existing and future residential uses in the area. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to R-8 zoning district is consistent with the purpose statement of the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the site is developed in accord with the conditions of approval in Exhibit B. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This application is for a rezone; therefore, this finding is not applicable. 3. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. Meridian City Council Meeting Agenda April 3, 2018 – Page 110 of 396 EXHIBIT A - 26 - d. There is public financial capability of supporting services for the proposed development; Based on comments provided from public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property that would be detrimental to the public health, safety or general welfare. ACHD and ITD consider road safety issues in their analyses. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that may exist on this site that need to be preserved. Meridian City Council Meeting Agenda April 3, 2018 – Page 111 of 396 Planning and Zoning Commission Meeting Meeting Date: 4/3/2018 Agenda/Item Number: Type in item number from agenda Project/File Number: H-2017-0167 Item Title: Development Agreement for Whistle Stop Subdivision Meeting Notes DEVELOPMENT AGREEMENT PARTIES. 1; City of Meridian 2. Biltmore Company, Owner 3. Biltmore Company, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered this into day of 2018, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 3V. BroaqjWvenue, Meridian, Idaho -83642 and Biltmore Company, whose address is 1548 CayusDr, Ste. 100, Meridian, ID 83646, hereinafter called OWNER and Biltmore Company whose address is 1548 Cayusc�Dr, Ste. 100, Meridian, ID 83646 hereinafter called DEVELOPER. 1. CITALS: 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 and/or Developer , make a written commitment concerning the use or development of the subject Property; and 13 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the ,Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of Land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for the re -zoning of 5.73 acres of land, described in Exhibit "A", from the L -O (Light Office) zoning district to the R-15 (Medium High Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT— WHISTLE STOP (H-2017-0167) PAGE 1 OF 8 .. Meridian City Council Meeting Agenda April 3, 2018 — Page 117 of 396 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 3 , 2 0 1 8 – P a g e 1 1 8 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 3 , 2 0 1 8 – P a g e 1 1 9 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 3 , 2 0 1 8 – P a g e 1 2 0 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 3 , 2 0 1 8 – P a g e 1 2 1 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 3 , 2 0 1 8 – P a g e 1 2 2 o f 3 9 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and it effective as hereinabove provided. J STATE OF Idaho ) ss: County of Ada ) On this lay of Minh , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared / fA)I n F Yq-ma i known or identified to me to be th of Biltmore Company, and acknowledged to me that he executed the same on behalf of said compa4. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first a4w8' Mot,,, o` I)V holy (SEAL) �.•• ,..•...,e 4,1, • 1yOTgRr Aotai�),Public r �•� Residing at: (fig GtC My Commission Expires: 3 DEVELOPMENA j71LU t.;;AISTLE STOP (H-2017-0167) PAGE 7 OF 8 STATE OF Idaho ss: County of Ada ) On this %' day of2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Kw t n t,r known or identified to me to be the 2X of Biltmore Company, and acknowledged to me that he executed the same on behalf of said compan . IN WITNESS WHEREOF, I have hereunto set my hand a affixed my official eal t day and year in this certificate first ab ptotiON4,,� (SEAL) •'i�. OHS dU ,,,,�w�4��N96♦ N •� �tary Public for rr y� _ O� �►R Y Residing at: t !^✓1 • = My Commission Expires: -,,,.• .O 1%' h3il STATE OF IDAHO ss County of Ada ) On this 3 rd day of A rt � , 20t8, 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. ,,009660,0 (SEAL)06 �•��! WA !'•���. O ••• S7'A`CF' .•� Notary Public for Idaho Residing at: 'MV,21,O knA.J Commission expires:,3-as -aoaa DEVELOPMENT AGREEMENT - WHISTLE STOP (H-2017-0167) PAGE 8 OF 8 EXHIBIT A Whistle Stop – H-2017-0167 Meridian City Council Meeting Agenda April 3, 2018 – Page 125 of 396 EXHIBIT A Whistle Stop – H-2017-0167 Meridian City Council Meeting Agenda April 3, 2018 – Page 126 of 396 CITY OF MERIDIAN E ID ---- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER I L'—. In the Matter of the Request for a Rezone of 5.73 Acres of Land from the L -O to the R-15 Zoning District; Conditional Use Permit for a Multi -Family Development Consisting of 68 Residential Units in an R-15 Zoning District; and a Combined Preliminary and Final Plat Consisting of (16) Building Lots and (3) Common Lots on 5.7 Acres of Land in the R-15 Zoning District, by Biltmore Company. Case No(s). H-2017-0167 For the City Council Hearing Date of: March 6, 2018 (Findings on March 20, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 6, 2018, 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-2017-0167 - I - EXHIBIT B Meridian City Council Meeting Agenda April 3, 2018 – Page 127 of 396 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 6, 2018, 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 rezone, conditional use permit and combined preliminary and final plat is hereby approved with the requirement of a development agreement per the comments and conditions of approval in the Staff Report for the hearing date of March 6, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -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- 613-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0167 - 2 - Meridian City Council Meeting Agenda April 3, 2018 – Page 128 of 396 with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). 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 March 6, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0167 - 3 - Meridian City Council Meeting Agenda April 3, 2018 – Page 129 of 396 By action of the City Council at its regular meeting held on the 9 day of 2018. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED Ye;' COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED `AM COUNCIL, MEMBER TY PALMER VOTED ll!: COUNCIL MEMBER TREG BERNT VOTED '% COUNCIL MEMBER GENESIS MILAM VOTED 1 MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor TWeerdZK rQo PSED AUGvsrT T' Attest: ° i90 of IDAHO City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: j 'CMb' City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0167 -4- Meridian City Council Meeting Agenda April 3, 2018 – Page 130 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 1 STAFF REPORT HEARING DATE: March 6, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Whistle Stop – RZ, CUP, PFP (H-2017-0167) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Biltmore Company, has submitted an application for a rezone (RZ) of 5.73 acres of land from the L-O to the R-15 zoning district; conditional use permit (CUP) for a multi-family development consisting of 68 residential units in an R-15 zoning district; and a combined preliminary and final plat (PFP) consisting of 16 building lots and 3 common lots on 5.7 acres of land in the proposed R-15 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, CUP and PFP applications based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on February 1, 2018. At the public hearing, the Commission moved to recommend approval of the subject RZ, CUP and PFP requests. a. Summary of Commission Public Hearing: i. In favor: Kevin Amar ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Pathway connection to W. Pine Ave. as recommended by the Pathways Project Manager; ii. Adequacy of the proposed parking (although it exceeds UDC standards) and whether or not the UDC should be amended to require more parking for multi-family developments; iii. Pathway along the Nine Mile Creek and extensions east & west of the site. d. Commission Change(s) to Staff Recommendation: i. Remove condition #6.1 in Exhibit B that requires a pathway connection to W. Pine Ave. and associated fencing and landscaping. e. Outstanding Issue(s) for City Council: i. None Meridian City Council Meeting Agenda March 20, 2018 – Page 186 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 131 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 2 The Meridian City Council heard these items on March 6, 2018. At the public hearing, the Council approved the subject RZ, CUP and PFP requests. a. Summary of City Council Public Hearing: i. In favor: Kevin Amar ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. How the units will be managed if under different ownership; ii. Consideration of more parking in open space areas (no on-street parking is available). d. Key Council Changes to Commission Recommendation i. At the applicant’s request and staff’s agreement, delete condition #1.6.6, which requires the property to be subdivided prior to applying for a Certificate of Zoning Compliance, to allow the applicant to proceed with development prior to recordation of the plat. ii. Modify condition #1.6.5 to require the overall development to be managed by the same property management company to ensure the property is consistently maintained; submit a copy of the recorded agreement prior to issuance of the first Certificate of Occupancy within the development. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0167, as presented in the staff report for the hearing date of March 6, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0167, as presented during the hearing on March 6, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0167 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 1297 W. Pine Avenue, in the SW ¼ of Section 12, Township 3 North, Range 1 West. (Parcel No. R8521560020) B. Applicant: Biltmore Company 1548 Cayuse Way, Ste. 100 Meridian, ID 83646 C. Owner: Marlon Hughes Meridian City Council Meeting Agenda March 20, 2018 – Page 187 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 132 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 3 201 Blackberry Midland, TX 79701 D. Representative: Kent Brown, Kent Brown Planning Services 3161 E. Springwood Dr. Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone, conditional use permit and combined preliminary/final plat. A public hearing is required before the Planning and Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: January 12, 2018 (Commission); February 16, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: January 19, 2018 (Commission); February 9, 2018 (City Council) D. Applicant posted notice on site(s) on: January 22, 2018 (Commission); February 24, 2018 (City Council) VI. LAND USE A. Existing Land Use(s): The site consists of a single undeveloped vacant lot, zoned L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Multi-family residential (Tramore), zoned L-O South: Railroad tracks and industrial uses, zoned RUT in Ada County and I-L respectively East: Multi-family residential (Rockcreek), zoned R-15 West: Assisted living facility (Sabra), zoned L-O C. History of Previous Actions: In 1990 and 2001, Records of Surveys (#1823 and #5461, respectively) were recorded for this property. In 2001, a conditional use permit (CUP-01-036) for a planned development for a senior community in an L-O zoning district; and combined preliminary/final plat (PFP-01-006) consisting of 2 building lots on 10 acres of land in an L-O zoning district was approved for Tramore Subdivision. In 2004, a conditional use permit (CUP-04-018) for a planned development consisting of 64 multi-family residential units; and a preliminary plat (PP-04-018) and final plat (FP-04-076) consisting of 16 building lots and 3 common/other lots on 5.7 acres of land in the L-O zoning district was approved for Roundtree Subdivision. The developer installed the underground improvements, including the bridge over the Ninemile Creek and all of the water and sewer mains and pressure irrigation systems but never commenced construction of buildings. In 2007, a conditional use permit (CUP-07-002) for a multi-family development consisting of 64 dwelling units [(16) 4-plexes] on 5.7 acres of land in the L-O zoning district; and Meridian City Council Meeting Agenda March 20, 2018 – Page 188 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 133 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 4 preliminary plat (PP-07-004) consisting of 16 residential building lots and 3 common lots was approved for Doubletree Subdivision. No further development occurred with this approval. D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the subject site were installed as part of the previously approved development; however they were never fully completed or accepted by the city. 2. Location of water: Water mains intended to provide service to the subject site were installed as part of the previously approved development; however they were never fully completed or accepted by the city. 3. Issues or concerns: The applicant shall be responsible for the testing and completion of the installed utilities. D. Physical Features: 1. Canals/Ditches Irrigation: The Ninemile Creek bisects this site (east/west). 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: A portion of this site along the Ninemile Creek lies within the floodplain overlay district. VII. COMPREHENSIVE PLAN The subject property is currently designated High Density Residential (HDR) on the Comprehensive Plan Future Land Use Map (FLUM). The applicant requests City Council approval of a “step” down in density to Medium High Density Residential (MHDR) as allowed without an amendment to the FLUM (see page 21 for more information). HDR: The HDR designation allows for the development of multi-family homes in areas where urban services are provided. Residential gross densities should exceed 15 dwelling units per acre. Development might include duplexes, apartment buildings, townhouses, and other multi -unit structures. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. MHDR: The MHDR designation allows for the development of a mix of relatively dense residential housing types including townhouses, condominiums and apartments. Residential gross densities should range from 8 to 15 dwelling units per acre, with a target density of 12 units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure qualify of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The applicant is proposing to develop a 68 unit apartment complex with a mix of townhome style units and more traditional apartments in 4-plex and 8-plex configurations. A gross density of 11.92 units per acre is proposed consistent with the requested step down in density to MHDR and the target density desired in that designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Meridian City Council Meeting Agenda March 20, 2018 – Page 189 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 134 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 5 Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. Require neighborhood and community commercial areas to create a site design compatible with surrounding uses. “ (3.05.02A) The site design of the proposed multi-family residential development is compatible with the same type of use to the east and the assisted living facility to the west. Maintain integrity of neighborhoods to preserve values and ambiance of areas.” (3.05.02) If the applicant complies with the design standards contained in the Architectural Standards Manual (ASM), the UDC and the specific use standards for multi-family developments, staff is of the opinion the proposed use should maintain the integrity of the neighborhood. Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) There is one existing driveway access via W. Pine Avenue; no additional accesses are proposed via streets. Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.).” (3.06.02F) A street buffer already exists along W. Pine Avenue, an arterial street, in accord with the standards listed in UDC 11-3B-7C. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There is an existing multi-family development to the east of this site; and an assisted living facility to the west of this site. Because the proposed use is also residential in nature, it should be compatible with existing adjacent residential uses. 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 multi-family development in 4-plex and 8-plex configurations should contribute to the variety of residential housing available in the City; staff is unaware how “affordable” the units will be. Preserve the existing rail corridor for a future transit system between Boise and Nampa.” 3.03.04F) A multi-use pathway is proposed in accord with the Pathways Master Plan adjacent to the railroad corridor along the south boundary of the site. Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) A pathway exists off-site along the north side of the Ninemile Creek and a segment of the City’s multi-use pathway system is proposed along the railroad tracks at the south boundary of the site which will provide interconnectivity with adjacent cities. Staff is also recommending a dedicated pathway easement is provided along the south side of the creek since none exists for the pathway on the north side of the creek. Meridian City Council Meeting Agenda March 20, 2018 – Page 190 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 135 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 6 Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) There is an existing sidewalk to this site from the sidewalk along W. Pine Ave. for safe pedestrian access. For the above reasons, staff believes the proposed development is consistent with the Comprehensive Plan if City Council determines a “step” down in density is appropriate for this site. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: 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, accessory, conditional, and prohibited uses in the R-15 zoning district. The proposed multi-family development requires conditional use permit (CUP) approval in the R-15 zoning district. Compliance with the specific use standards listed in UDC 11-4-3-27, Multi-Family Development, for the use is also required. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-7 for the R-15 zoning district and in UDC 11-4-3-27 for multi-family developments. D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-7 per the standards listed in UDC 11-3B-7C; parking lot landscaping is required in accord with the standards listed in UDC 11-3B-8C. E. Off-Street Parking: UDC Table 11-3C-6 lists the parking requirements for multi-family dwellings. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ): A rezone of 5.73 acres of land from the L-O to the R-15 zoning district is requested. A site development plan has been submitted that depicts how the property is proposed to develop with (15) 4-plex structures and (1) 8-plex structure containing a total of 68 multi- family residential units. Since approval of the previous multi-family developments on this site, the UDC has been revised to no longer allow such uses in the L-O district. Therefore, a rezone to a residential district is necessary to develop the site in accord with the residential FLUM designation. The proposed zoning and development plan is consistent with the MHDR FLUM designation if City Council deems a step down in density is appropriate for this site without an amendment to the FLUM. The legal description submitted with the application, included in Exhibit C, shows the boundary of the property proposed to be rezoned. The property is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this Meridian City Council Meeting Agenda March 20, 2018 – Page 191 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 136 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 7 application, staff recommends a DA as a provision of the rezone with the provisions included in Exhibit B. CONDITIONAL USE PERMIT (CUP): A CUP is requested for a multi-family development consisting of 68 residential units on 5.7 acres of land in an R-15 zoning district. The units will be contained in (10) townhome style 4-plexes with the living room downstairs and 2 bedrooms upstairs; (5) traditional 4-plexes with 2 bedroom units downstairs and 2 bedroom units upstairs; and, (1) 8-plex with (4) 1-bedroom units downstairs and (4) 1-bedroom units upstairs. The project will be constructed in one phase. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics) A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The floor plans depict 81 square foot patio and balconies for each unit in compliance with this requirement. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The preliminary plat site plan depicts a directory at the entrance to the development and central mailbox location; a property management office and maintenance storage area shall be depicted on a revised site plan submitted with the Certificate of Zoning Compliance application. A minimum of 250 square feet of common open space is required for each unit containing more than 500 and up to 1,200 square feet of living area. All of the proposed units are between 500 and 1,200 square feet; therefore, a minimum of 17,000 square feet or 0.39 of an acre) of common open space is required for this development that is a minimum of 400 square feet in area with a minimum length and width dimension of 20 feet. The open space exhibit included in Exhibit A.4 depicts a total of 1.47 acres (or 63,937 s.f.) of common open space in accord with this requirement. For multi-family developments between 20 and 75 units, 3 site amenities are required to be provided with at least one from each category listed in UDC 11 -4-3-27D. The applicant proposes a tot lot with children’s play equipment, an open grassy area of at least 50’ x 100’ in size, a community garden, covered bicycle storage and a segment of the City’s multi-use pathway. These amenities fall within the quality of life, open space and recreation categories as required. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plants. Because this site is set back from Pine Avenue over 400’, there are no street facing elevations. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should comply with this requirement; the entire complex should be subject to the same maintenance agreement. Meridian City Council Meeting Agenda March 20, 2018 – Page 192 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 137 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 8 A minimum building setback of 10 feet is required unless a greater setback is otherwise required per UDC 11-4-3-27B.1. All buildings depicted on the site plan comply with this requirement. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in areas not visible from a public street, or shall be fully screened from view from a public street. There are no service areas proposed on the site that are visible from a public street (i.e. W. Pine Ave.). Parking: Off-street parking is required for multi-family developments in accord with the standards listed in UDC Table 11-3C-6. A minimum of 1.5 parking spaces is required for each dwelling unit that contains one bedroom; and a minimum of 2 parking spaces is required for each dwelling unit that contains 2 bedrooms with at least one of those spaces being covered by a carport or garage. Per the Lot Table in Exhibit A.5, all of the units except for one, which contains (1) bedroom, contain 2 bedrooms, which requires a minimum of 135.5 parking spaces with at least 69 of those being covered. The site plan depicts a total of 141 spaces provided with 70 of those being covered by carports in accord with UDC standards which is 5 more than the minimum required. Staff recommends the extra 5 spaces are signed for guest parking. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 141 vehicle spaces proposed, a minimum of 6 bicycle spaces are required; 7 covered spaces are proposed. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C and will be reviewed with the Certificate of Zoning Compliance application. The UDC (11-2B-3) requires a 25-foot wide buffer along arterial streets (i.e. W. Pine Ave.) planted in accord with the standards listed in UDC 11-3B-7C. There is existing landscaping along Pine that complies with this requirement. Fencing: All new fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing along all natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, director and/or Public Work’s Director in accord with UDC 11-3A-6. Fencing exists along the east & west property boundaries of the site; a 6-foot tall chain-link fence exists along the creek. No new fencing is proposed to be constructed with this development. Trash Enclosure: The design and locations of the trash enclosure(s) is required to be approved by Bob Olson at Republic Services (phone: 208-345-1265; or, email: rolson@republicservices.com. A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosure(s). Open Space: Open space is required to be provided for multi-family developments within residential districts as set forth in UDC 11-3G-3A.1. A minimum of 10% (or 0.57 of an acre) qualified open space is required to be provided per the standards listed in UDC 11-3G-3B. Additionally, per the specific use standards listed in UDC 11-4-3-27C for multi-family developments, a minimum of 17,000 square feet (or 0.39 of an acre) of common open space is required based on the square footage of the dwelling units per the standards listed in UDC 11-43- 3-27C. Meridian City Council Meeting Agenda March 20, 2018 – Page 193 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 138 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 9 Based on the above requirements, a minimum of 0.96 of an acre of qualified open space is required to be provided within this development. The open space exhibit included in Exhibit A.4 depicts a total of 1.47 acres (or 25.7%) of qualified open space, exceeding the minimum standards. Site Amenities: Site amenities are required to be provided within this development in accord with the standards listed in UDC 11-3G-3C, which requires a minimum of one (1) qualified site amenity for properties under 20 acres in size; and UDC 11-4-3-27D which requires a minimum of qualified 3 amenities from each category (i.e. quality of life, open space and recreation). As discussed above, the applicant proposes a tot lot with children’s play equipment, an open grassy area of at least 50’ x 100’ in size, a community garden, covered bicycle storage and a segment of the City’s multi-use pathway. These amenities fall within the quality of life, open space and recreation categories as required. Building Elevations: Three (3) different building types are proposed within this development i.e. townhome style 4-plexes, traditional 4-plexes, and an 8-plex); all are 2-stories in height. Building materials consist of a mix of horizontal, board and batten and shake siding with cultured stone accents and architectural composite roofing. The architectural character of the structures is required to comply with the standards listed in the Architectural Standards Manual. The elevations submitted with the Certificate of Zoning Compliance application should demonstrate compliance with those standards and should be substantially consistent with the concept elevations submitted with this application and the conditions contained in this report. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements and structures comply with the provisions of the UDC and the conditions in this report, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations, site plan and landscape plan submitted with this application, the standards listed in UDC 11-3A-19, the Architectural Standards Manual and conditions of approval in Exhibit B. PRELIMINARY/FINAL PLAT (PFP): A combined preliminary and final plat (PFP) is proposed consisting of 16 building lots and 3 common lots on 5.7 acres of land in the R-15 zoning district. This is a re-subdivision of Lot 2, Block 1 Tramore Subdivision. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and found the plat in compliance with those standards. Access: Access to this development is provided from an existing driveway via W. Pine Avenue, an arterial street. The adjacent development to the south (i.e. Tramore) also uses this driveway for access. A note should be included on the plat that references the access easement to that property. A driveway stub exists to this site from the multi-family development to the east; a connection to that driveway is proposed for interconnectivity. Landscaping: A 25-foot wide street buffer is required to be provided along W. Pine Avenue, an arterial street, as set forth in UDC Table 11-2A-7. The buffer is contained within the common lot for the driveway. Meridian City Council Meeting Agenda March 20, 2018 – Page 194 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 139 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 10 Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Detached sidewalks are required along arterial streets (i.e. W. Pine Ave.). However, because an attached sidewalk already exists along W. Pine Avenue and it’s in good condition, Staff does not recommend it’s torn out and reconstructed as a detached sidewalk. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. City water and sewer service has been extended to each lot. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15. Each lot has been provided pressure irrigation from NMID. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Storm drainage is proposed to be retained on-site though previously installed sub-surface facilities. Staff recommends approval of the subject applications with the requirement of a development agreement with the provisions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity/Zoning & Aerial Map 2. Preliminary Plat (dated: 12/5/17) 3. Final Plat (dated: 12/12/17) 4. Site/Landscape Plan (dated: 12/13/17) & Open Space Exhibit (dated: 12/5/17) 5. Proposed Building Elevations & Floor Plans B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Parks Department 7. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda March 20, 2018 – Page 195 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 140 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 11 Exhibit A.1: Vicinity/Zoning & Aerial Map Meridian City Council Meeting Agenda March 20, 2018 – Page 196 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 141 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 12 Exhibit A.2: Preliminary Plat (dated: 12/5/17) Meridian City Council Meeting Agenda March 20, 2018 – Page 197 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 142 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 13 Exhibit A.3: Final Plat (dated: 12/12/17) Meridian City Council Meeting Agenda March 20, 2018 – Page 198 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 143 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 14 Exhibit A.4: Site/Landscape Plan (dated: 12/13/17) & Open Space Exhibit (dated: 12/5/17) Meridian City Council Meeting Agenda March 20, 2018 – Page 199 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 144 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 15 Meridian City Council Meeting Agenda March 20, 2018 – Page 200 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 145 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 16 Meridian City Council Meeting Agenda March 20, 2018 – Page 201 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 146 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 17 Meridian City Council Meeting Agenda March 20, 2018 – Page 202 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 147 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 18 Bicycle Storage Community Garden Meridian City Council Meeting Agenda March 20, 2018 – Page 203 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 148 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 19 Exhibit A.5: Proposed Building Elevations & Floor Plans Meridian City Council Meeting Agenda March 20, 2018 – Page 204 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 149 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 20 Meridian City Council Meeting Agenda March 20, 2018 – Page 205 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 150 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 21 Meridian City Council Meeting Agenda March 20, 2018 – Page 206 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 151 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 22 Meridian City Council Meeting Agenda March 20, 2018 – Page 207 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 152 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 23 Meridian City Council Meeting Agenda March 20, 2018 – Page 208 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 153 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 24 Meridian City Council Meeting Agenda March 20, 2018 – Page 209 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 154 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 25 Meridian City Council Meeting Agenda March 20, 2018 – Page 210 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 155 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 26 LOT TABLE LOTS BUILDING BUILDING TYPE SF OF LIVING AREA NUMBER OF BEDROOMS 1 COMMON AREA 2 A 4PLEX 953 SF 2 3 A 4PLEX 953 SF 2 4 A 4PLEX 953 SF 2 5 A 4PLEX 953 SF 2 6 A 4PLEX 953 SF 2 7 COMMON AREA 8 B 4PLEX 1037 SF 2 9 B 4PLEX 1037 SF 2 10 B 4PLEX 1037 SF 2 11 B 4PLEX 1037 SF 2 12 A 4PLEX 953 SF 2 13 A 4PLEX 953 SF 2 14 COMMON AREA 15 C 8PLEX 631 SF 1 16 B 4PLEX 1037 SF 2 17 A 4PLEX 953 SF 2 18 A 4PLEX 953 SF 2 19 A 4PLEX 953 SF 2 Meridian City Council Meeting Agenda March 20, 2018 – Page 211 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 156 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 27 B. Agency Comments/Conditions 1. PLANNING DIVISION 1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall substantially comply with the preliminary plat , final plat and site/landscape plan included in Exhibit A and the conditions contained herein. b. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 1.2 Site Specific Conditions of Approval – Preliminary/Final Plat 1.2.1 The final plat included in Exhibit A.3, dated 12/12/17, shall be revised prior to signature on the plat by the City Engineer as follows: a. Graphically depict a permanent dedicated 25-foot wide street buffer along W. Pine Avenue within Lot 1, Block 1 in accord with UDC 11-3B-7C.2b. c. Include a note stating, “The bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established normal ground water elevation.” d. Include a note pertaining to the location of the floodplain on a portion of this property. e. Include a note on the plat that references the access easement on this site via W. Pine Avenue across Lot 1, Block 1 for Tramore subdivision (parcel #R8521560010). 1.2.2 Submit a public pedestrian easement for the multi-use pathways proposed on this site that meets the Park’s Department’s standards to the Planning Division for approval by City Council and subsequent recordation. 1.2.3 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. 1.2.4 A floodplain development permit application is required to be submitted for development within the floodplain. 1.3 General Conditions of Approval – Preliminary/Final Plat 1.3.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Chapter 2 District regulations. 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 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 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. Meridian City Council Meeting Agenda March 20, 2018 – Page 212 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 157 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 28 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 all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.3.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.14 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.15 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3.16 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1.4 Ongoing Conditions of Approval 1.4.1 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. 1.4.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 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 applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application for all future structures proposed on the site from the Planning Division, prior to submittal of any building permit applications. 1.5.3 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. 1.5.4 The applicant shall obtain the City Engineer's signature on a final plat within two years of the approval of this combined preliminary/final plat as set forth in UDC 11-6B-7A. Meridian City Council Meeting Agenda March 20, 2018 – Page 213 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 158 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 29 1.5.5 The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 1.6 Site Specific Conditions – Conditional Use Permit 1.6.1 The applicant shall comply with the specific use standards listed in UDC 11-4-3-27, Multi-Family Development. 1.6.2 Comply with the structure and site design standards listed in UDC 11-3A-19 and the standards listed in the City of Meridian Architectural Standards Manual. 1.6.3 A property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development is required to be provided as set forth in UDC 11-4-3-27B.7; depict on the site plan submitted with the Certificate of Zoning Compliance application. 1.6.4 Submit a detail of the children’s play equipment with the Certificate of Zoning Compliance application. 1.6.5 The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The entire complex shall be subject to the same maintenance agreement and shall be managed by the same property management company. A copy of the recorded agreement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 1.6.6 The property shall be subdivided prior to applying for a Certificate of Zoning Compliance application to ensure buildings comply with the required setbacks of the R-15 district listed in UDC Table 11-2A-7. 1.6.7 The site/landscape plan included in Exhibit A.4, dated 12/13/17, shall be revised as follows: a. Depict landscaping within planter islands within the parking lot in accord with the standards listed in UDC 11-3B-8C. b. Depict the proposed 10-foot wide pathway along the south side of the creek if allowed by Nampa Meridian Irrigation District. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Correct the orientation of the north arrow on the final plat mapping. 2.1.2 The Whistle Stop Subdivision will need a floodplain development permit application submitted. The PDF titled “floodplain data” depicts the Ninemile Creek preliminary maps published by FEMA as part of an Ada County update. These maps are set to be effective sometime in 2019 due to appeals. The other document depicts the current effective floodplain maps. The current effective map have Ninmile Creek in this section as an undefined “A” zone and we would require a detailed study of this reach. FEMA has already done this for you with the preliminary map revisions, so we will accept this study as “best available data”. However we do not have any information on the bridge and it appears it was constructed without a floodplain permit. We have a “no rise” and drawings for the Rockcreek bridge east adjacent to this development but nothing for Tramore bridge/culvert section. With the permit application you will need to submit details of the bridge and a “no rise” certification. Your engineer can use the FEMA study as the basis for this determination. 2.2 General Conditions of Approval Meridian City Council Meeting Agenda March 20, 2018 – Page 214 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 159 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 30 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. 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. Meridian City Council Meeting Agenda March 20, 2018 – Page 215 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 160 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 31 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 owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT Meridian City Council Meeting Agenda March 20, 2018 – Page 216 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 161 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 32 3.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Fire Department plugs. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 3.4 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. 3.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.3 & D103.6. 3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 3.8 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. 3.9 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.10 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1 and Meridian Amendment 10-4-1. 3.12 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 and Meridian Amendment 104-4-1. 3.13 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. Meridian City Council Meeting Agenda March 20, 2018 – Page 217 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 162 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 33 3.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 3.15 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-1. 3.16 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. 3.17 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.18 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 3.19 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60”) wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 No comments were received from Republic Services on this application. 6. PARKS DEPARTMENT 6.1 Construct a 10’ multi-use pathway to provide pedestrian connection from proposed sidewalk at western parking lot edge north to W. Pine Avenue, west of existing access road. Provide fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. Pathway may taper to match sidewalk width where it meets parking lot. 6.2 The applicant shall design and construct the multi-use pathway(s) consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 6.3 Prior to City Engineer signature on the final plat, the applicant shall depict public access easements for future multi-use pathways on the final plat: one abutting and running parallel to the railroad right-of-way at the south property line, and one abutting the north property line, north of the Nine Mile Drain and continuing across access road to west property line. 6.4 Prior to Certificate of Occupancy, the applicant shall record public access easements for constructed and future multi-use pathways as noted above, and submit copies of said easements to the Planning Division. 6.5 The applicant shall have an ongoing obligation to maintain all pathways. 6.6 Prior to City Engineer signature on the final plat, applicant shall submit materials testing reports documenting that construction of multi-use pathway complies with the City’s pathway design Meridian City Council Meeting Agenda March 20, 2018 – Page 218 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 163 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 34 standards. 7. ADA COUNTY HIGHWAY DISTRICT Meridian City Council Meeting Agenda March 20, 2018 – Page 219 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 164 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 35 C. Legal Description & Exhibit Map Meridian City Council Meeting Agenda March 20, 2018 – Page 220 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 165 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 36 Meridian City Council Meeting Agenda March 20, 2018 – Page 221 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 166 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 37 Exhibit D: Required Findings from Unified Development Code 1. REZONE: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to rezone the subject property from the L-O to the R-15 zoning district in order to develop the site with multi-family dwellings at a gross density of 11.92 units per acre, consistent with the requested step down in density from HDR to MHDR. The City Council finds the proposed map amendment complies with the applicable provisions of the Comprehensive Plan (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment from the L-O to the R-15 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the developer. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable as the application request is for a rezone, not annexation. 2. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation if a step down in density is approved as requested. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon Meridian City Council Meeting Agenda March 20, 2018 – Page 222 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 167 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 21 development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments received from the public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. 3. CONDITIONAL USE PERMIT FINDINGS: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 zoning district and multi-family development specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds the proposed multi-family development with a step down in density from HDR to MHDR, meets the objectives of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the proposed multi-family development is compatible with other uses in the general area and will not adversely change the character of the area. Meridian City Council Meeting Agenda March 20, 2018 – Page 223 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 168 of 396 EXHIBIT A Whistle Stop – RZ, CUP, PFP H-2017-0167 PAGE 22 d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, the City Council does not believe that the amount generated will be detrimental to the general welfare of the public. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Meridian City Council Meeting Agenda March 20, 2018 – Page 224 of 426Meridian City Council Meeting Agenda April 3, 2018 – Page 169 of 396 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6F Project/File Number: Item Title: Trilogy Subdivision No 1 Trilogy Subdivision No 1 Pedestrian Pathway Easement Meetina Notes Lij ADA COUNTY RECORDER Christopher D. Rich 2018-029811 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/04/2018 02:38 PM CITY OF MERIDIAN, IDAHO NO FEE THIS AGREEMENT, made and entered into this rJ _2L day of 2018, between j;iAnhereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal torporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an casement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said casement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. Pedestrian Pathway Easement Tylk-)Gy OC) I THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first here�paboye written. BY: 00/- W Its: re5lyl ":t STATE OF IDAHO ) ss County of Ada ) On this 6 day of M(Irc\ , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared C &V4'-" , known or identified to me to be the prese ct-wt-�" that e ecuted the within instrument, and acknowledged to me that such company executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Pedestrian Pathway Easement , Fri i�jyW1 NOTARY PUBLIC FOR IDAHO Residing at: D► Commission Expires: DS� 2 - GRANTEE: CITY OF MERIDIAN pRATED,gGCG� s ` of a ID W I a erd, Mayor n S ipANO E L e TREASURE Atts by C.4ykoles, City Clerk / Approved By City Council On: � l / 5 z �( ,)TATE OF IDAHO ) ss. County of Ada ) On this l�1 r day of A P6 \ , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Pedestrian Pathway Easement Tri X05 j{ i\x) 1 NOTARY PUBLIC FO IDAHO Residing at:M,QAMtaAA) 7L Commission Expires: 3a -a - Sawtooth Land Surveying, LLC 21I-r or/l P: (208) 398-8104 F: (208) 398-8105 i-�•� �;• t::-C 2030 5. Wa5hmgton Ave., Emmett, ID 836 17 March 5, 2018 City of Meridian Sidewalk Legal Description For Trilogy Subdivision No. 1 BASIS OF BEARINGS for this description is South 0029'03" West, between the aluminum cap marking the northwest corner of Section 27, and the brass cap marking the W1/4 corner of Section 27, both in T. 4 N., R. 1 W., B.M., Ada County, Idaho. A parcel of land being a portion of Lot 2, Block 1, of Rambo Subdivision, as shown on file in Book 63 of Plats at Page 6368, Ada County Records, and located in the N1/2 of the NW1/4 of Section 27, T. 4 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at an aluminum cap marking the northwest corner of Section 27; Thence South 0029'03" West, coincident with the west line of said Section 27, a distance of 40.00 feet to the south right of way of S.H. 20/26; Thence South 89019'16" East, coincident with said south right of way of S.H. 20/26, a distance of 237.21 feet; Thence South 0029'03" West, parallel with said west line of Section 27, a distance of 46.00 feet to the POINT OF BEGINNING; Thence South 89019'16" East, parallel with said south right of way of S.H. 20/26, a distance of 815.17 feet; Thence South 0040'44" West, 14.00 feet; Thence North 89019'16" West, parallel with said south right of way of S.H. 20/26, a distance of 815.12 feet; Thence North 0029'03" East, parallel with said west line of Section 27, a distance of 14.00 feet to the POINT OF BEGINNING; The above described parcel contains 0.26 acres mar less. pNp,L LAMA Carl Porter PLS Date End Description w c -�—'" � � `�.'��. Po �0i' :\2015\15072 -CMG -TRILOGY SUB\Drawings\Descriptions\15072- PH1 CITY OF MERIDIAN SIDEWALK LEGAL .docx age 11 0 --a-- On o��� �r �"'� M 0 ,00•�t � r- ~ � boy �g� -•1 lJ] ��,�,U� Ll L Q Odd g 00 Do $ C7 co M d O % Z c to z O.- c W W O to o a Nil W 3.EO,6Z.0N m p �o_uro► 9i'OE9 ZB'1961 s A 89'BE9Z OVONIVONDV76WN M.E0,6Z.05 �— R SONINV39 d0 SISHO G I S R e v i e w - E S M T - 2 0 1 8 - 0 0 1 7 T r i l o g y S u b N o . 1 P e d e s t r i a n P a t h w a y C h i n d e n S o u r c e : E s r i , D i g i t a l G l o b e , G e o E y e , E a r t h s t a r G e o g r a p h i c s , C N E S / A i r b u s D S , U S D A , U S G S , A e r o G R I D , I G N , a n d t h e G I S U s e r C o m m u n i t y Meridian City Council Meeting Agenda April 3, 2018 – Page 176 of 396 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6G Project/File Number: Item Title: Demeyer Warehouse Water Main Easement Meeting Notes 9 APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-029807 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/04/2018 02:37 PM CITY OF MERIDIAN, IDAHO NO FEE THIS Easement Agreement, made this r3rd day of to :1, 2018 between DeMeyer Properties, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an casement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and 13) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said casement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs 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 orrestoring anything placed within the area described in this casement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement REV. 03 2118 TWB De me4 gy- THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DeMeyer Properties, LLC Raymond DeMeyer, Manager STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on .;�, 1n ;�Ofg(date) by Raymond DeMeyer, on behalf of DeMeyer Properties, LLC in his capacity as Manager. Water Main Easement Qe Me-, er of Signature My Commission Expires: /---;4 REV. 03 2118 TWB GRANTEE: CITY OF MERIDIAN Coles, City Clerk �Q01R AI cu AVG C� ►"L � � R� ur o �r W m I��A4 V Approved By City Council On: L( z �z >l STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on q' !3 - 18 (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Water Main Easement pen�et�e�r' W Q - 440 A hu Notary Signature T My Commission Expires: -3 REV. 03 21 18 TWB Job No. 2D17-423 J.8.F. EXHIBIT A' 8-2248 J30L DAARY DESCWTZON FOR DEMEYERPROPERMS, LLC. Waterline Easement Part of Lot 1, BIock 2 of Seyam Subdivision that is located in Section 9, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Idaho described as follows: Commencing at a found lz" rebar marking the Southwest corner of Lot 1, Block 2 of Seyam Subdivision that is located in Section 9, Township 3 North, Range 1 Eust of the Boise Meridian, City of Meridian, Idaho and running thence N05°52'30"W I10.22 feet along the West line of said Lot to the Point of Beginning; thenwN05052130"W 20.00 feet along the said West line; thenceN83°37'20"I3 23.05 feet; thence S51 1122'4W'B 59.98 feet; thence S06022'40"E 42,26 tot, thence N83°59'29"E 21.29 feet; thence 806000'31"P- 28.03 feet; thence 883159129"W 41,23 feet; thence N06015'50"W 61.87 feet; thence N51 °22'40"W 43.42 feet; thence 883037'20"W 14.94 feet to the Point of Beginning. 106 W Main St,Untt D, Middleton, ID 03644' pls122.20livahoo 9 x (208)061-7513 (0) -(866)33? -4M (F) Page 1 E. LANARK S% N84-'09'03 E 131.41 .� ....- •---+p ""' 74.96' iry 36,50` l �-- ayytiry6o°` I 1 vs t t� I N83 1,907 t a � I 3`39120 N o ' N.V. _ m 27.29' l+i t 41.2,3' 597-9 S8i5929 -oerney.2r EN Oi• till �n City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6H Project/File Number: Item Title: Baraya Subdivision #2 Sanitary Sewer Easement #1 Meetina Notes ADA COUNTY RECORDER Christopher D. Rich 2018-029800 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/04/2018 02:34 PM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this S*J day of tri 1, 20__!� between Challenger Development Inc. , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a 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 panties hereto, that after making 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 '�Y-0 y OL -r-ub -+f 2 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first perein above written. GRANTOR: President Address \ Secretary STATE OF IDAHO ) ) ss County of Ada ) On this 4� day of MclrLt , 20L, before me, the undersigned, a Notary Public in and for said State, personally appeared C d 4 &YO/I known or identified to me to be the President .mrd-- -Seeaiy; respectively, of the corporation that executed the within instrument, and aclmowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. cti r• w ru :. (SEAL) NOTARY PUBLIC FOR IDAHO c 1 1 : Residing at: Na r1.AA , _ Commission Expires: Sewer Main Easementv. Vj,1.1.V REV. 08/15/16 Ba rag Q Not GRANTEE: CITY OF MERIDIAN �QORpZEDAUG� T S C.-Vl E IDIAN!�- IDAHO SEAL Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) On this 3r'd day of )N QTjt , 20 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Sewer Main Easement Q)Qra�4 Sub 2 ftw �fflo (i kw::� NOTARY PUBLIC FOR AHO Residing at:qll 0A)Dl &) -1-L _ Commission Expiresi2). (;r8 - a REV. 08/15/16 Exhibit A DESCRIPTION FOR MERIDIAN SEWER MAIN EASEMENT BARAYA SUBDIVISION NO.2 A permanent easement located in the NW1/4 of the NE1/4 Section 15, T.3N., RAW., B.M., Ada County, Idaho more particularly descried as follows: EASEMENT Cl: Commencing at the N1/4 corner of said Section 15 from which the E1/16 corner of said Section 15 bears South 89°1523" East, 1320.35 feet; thence South 81039'41 " West, 349.31 feet to the REAL POINT OF BEGINNING; thence South 00°44'26" West, 130.00 feet; thence South 46006'25" East, 43.86 feet; thence South 89015'34" East, 604.03 feet; thence South 15027'07" West, 24.18 feet; thence North 56001'02" West, 6.19 feet; thence North 89°15'34" West, 676.72 feet; thence North 00°44'26" East, 50.00 feet; thence South 89015'34" East, 32.00 feet; thence North 00044'26" East, 130.00 feet; thence South 89°15'34" East, 20.00 feet to the REAL POINT OF BEGINNING. (D w© ui I (A Z I I p in Q U M O Z O Q J CO I Y 0 wI Z � Q 1n in otf N N LL- Q 1n M 7-1 DO -I 11111111111 I I I 4N56'01'02"W II �I '1 f; O . Lo .� ¢w ww c I 0 o CAI Lo- W U C) 1n PO� ®I �.) WW Il I <�T 25 100 400 0 50 200 600 SCALE: 1 " = 200' %J' �s�o sG�G l 7729 -S II -1 W r cY G. G IDAHO EXHIBIT _B_ DRAWING FOR J08 NO. ®MERIDIAN SEWER MAIN EASEMENT ,EET N 1450 E. WATER7DWER ST. SURVEY SUITE 130 SHEET NO. MERIDIAN. IDAHO 836.12 BARAYA SUBDIVISION NO. 2 1of2 (200) 816.8570 DWG. DATE GROUP, P. C, LOCATED IN THE NVf 1/4 OF NE 1/4 OF SECTION 15, T,3N., R.11V., 8.1A., ADA COUNTY, IDAHO 3/14/2018 S8915'34"E RPOB 20.00' EASE Cl W, FRANKLIN ROAD �rx BLOCK 3 20 o 0 � C3 o Pi 3 N N d' O O Z (/I 589'15'34" 32.00 1 w (D N 0 z Sl 5'27'07"W 24.18' F.03' V7 N89'15'34"W 676,72' V N56.01'02"W--1/1 6..19' JP O �G 7729 (r) �O l c\oRY G CPT, I II II I I I I II II II I I II Ij I 25 100 mw - 0 5 50 150 SCALE: 1 " = 50' IDAHO EXHIBIT B OB DRAWING FOR JNO. 1450 E. WATERTOWER ST. MERIDIAN SEWER MAIN EASEMENT 16-332 SURVEY SUITE 130 SHEET NO. MERIDIAN, IDAH083642 BARAYA SUBDIVISION NO. 2 2of2 12081846-0870 GROUP, P.C. LOCATED IN THE NW 1/4 OF NE 1/4 OF SECTION 15, UN., R.1W., B.M., DWG. DATE ADA COUNTY, IDAHO 3/14/2018 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 61 Project/File Number: Item Title: Baraya Subdivision #2 Baraya Subdivision #2 Sanitary Sewer Easement #1 Meetina Notes Q A�PROYEO ADA COUNTY RECORDER Christopher D. Rich 2018-029803 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/04/2018 02:36 PM CITY OF MERIDIAN, IDAHO NO FEE M'1241110e sI "I THIS INDENTURE, made this a , day ofAQrE3, 2019 between Challenger Development Inc. . the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee, shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement aay 0, 2 C 2 REV. 08/15/16 any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and 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,Ahsaid parties of the first part have hereunto subscribed their signatures the day a'pd-y'ear firs herein above written. GRA 0R: President Address Secretary STATE OF IDAHO ) ) ss County of Ada ) On this �` day of ry\e,4LL— , 20�� , before me, the undersigned, a Notary Public in and for said State, personally appeared e!1 E) av-t- arrd- known or identified to me to be the President-and- .Sos}etary, 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 above written. `Klf� � Q. TA NOTARY r;:• NOTARY PUBLIC FOR IDAHO Residing at: NanWA :Z Commission Expires: Li h tt if n r; Cly Sanitary Sewer and Water Main Easement ` REV. 08/15/16 (3cq�aya 4 2 G2 GRANTEE: CITY OF MERIDIAN \=G��QORATEDq�CGs, �y -L I Tammy de erd, Mayor m 'D ANS SEAL AL r he TREASV� At6t bjCJ4 Coles, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this 13 of , 201 before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, •. • ••'•. ST'A'['E fir.• Sanitary Sewer and Water Main Easement ba�-aya 412 C2 Chm tw t b) 9�A, NOTARY PUBLIC FOR ID Residing at: qd T-5 Commission Expires: 3 -,D-B • Q Q a.,;)- REV. 08/15/16 Exhibit A DESCRIPTION FOR MERIDIAN SEWER AND WATER MAIN EASEMENT BARAYA SUBDIVISION NO. 2 A permanent easement located in the NW1/4 of the NE1/4 Section 15, T.3N., R.1W., B.M., Ada County, Idaho more particularly descried as follows: EASEMENT C2: Commencing at the N1/4 corner of said Section 15 from which the E1/16 corner of said Section 15 bears South 89°15'23" East, 1320.35 feet; thence South 76°48'21" East, 912.41 feet to the REAL POINT OF BEGINNING; thence North 79029'26" East, 23.79 feet; thence South 89"15'34" East, 83.14 feet; thence South 65°48'50" East, 43.23 feet; thence 119.90 feet along the arc of a non -tangent curve to the right, said curve having a radius of 145.00 feet, a central angle of 47022'38" and a long chord which bears South 29°25'52" West, 116.51 feet; thence South 53°07'11" West, 66.48 feet; thence North 36°52'49" West, 68.80 feet; thence 155.58 feet along the arc of a non -tangent curve to the left, said curve having a radius of 50.50 feet, a central angle of 176031'13" and a long chord which bears North 03°16'21" East, 100.95 feet to the REAL POINT OF BEGINNING. \ c� LLJ of O Lr) �<z Li vi 1 vi Lo LLJ wa I v In w I � I � r7 ( U m YO WI I N: Z I _ O O atnN W ® r 0 0 0 0 0 0 0 0 LL- Q 0) 0001 ' ® - - cof L: N56'01'02"W z I I I:I I c I I I N 25 100 400 Q z 0 50 200 --- 600 O co '•v) I V I 5 a SCALE: 1"= 200' I: I W o o- P�- L A N s U � U }r m W p 1 aW f�Elf 0 7z7A9 3�o I V P2 I EXHIBIT B DRAWING FOR 10 N2 • IDAHO MERIDIAN SEWER AND WATER MAIN EASEMENT iEET N 1450E \YATfiRTOL1ER$T. SHEET N0. I SURVEY SUITC130 BARAYA SUBDIVISION NO. 2 1of2 F"ITE 130 IDAHO 836.2 (208) 046.8570 GROUP P.C. LOCATED IN THE NW 1/4 OF NE 1/4 OF SECTION 15, T.M., RAW., D.M., DWG. DATE ADA COUNTY, IDAt10 12/8/2017 I ® Lj O V) aQ it W `0� I Q I W I -- Nom' _ 1 0 1n I I �' O) Q p Z o ® -DELI 0 0 0 0 0 0 0® O D® I I of N Q t71 ® �� _ I - Z L' 1 I m YO WI I N: Z I _ O O atnN W ® r 0 0 0 0 0 0 0 0 LL- Q 0) 0001 ' ® - - cof L: N56'01'02"W z I I I:I I c I I I N 25 100 400 Q z 0 50 200 --- 600 O co '•v) I V I 5 a SCALE: 1"= 200' I: I W o o- P�- L A N s U � U }r m W p 1 aW f�Elf 0 7z7A9 3�o I V P2 I EXHIBIT B DRAWING FOR 10 N2 • IDAHO MERIDIAN SEWER AND WATER MAIN EASEMENT iEET N 1450E \YATfiRTOL1ER$T. SHEET N0. I SURVEY SUITC130 BARAYA SUBDIVISION NO. 2 1of2 F"ITE 130 IDAHO 836.2 (208) 046.8570 GROUP P.C. LOCATED IN THE NW 1/4 OF NE 1/4 OF SECTION 15, T.M., RAW., D.M., DWG. DATE ADA COUNTY, IDAt10 12/8/2017 i i l i N79'29'26"E I i RPOB 23.79' I i EASE C2 I I I I I --J -_.------_J L- -- --�� ------ S09 1534 t----383.1 ?3 r I I l I / N 716 5h 6rO 5 J�1 0 BLOCK3 5 C `729 RPOB �� Cc, �9-51151I� PrO EASE C3� I� (,, TF OF \O tv� 2 0RY G. Ar J►L F 25 05 50 150 CURVE TABLE CURVE RADIUS LENGTH CHORD DIST_ CHORD BRIG. DELTA C14 50.50 155.58 100.95 N3'16'21"E 176'31'13" C15 145.00 119.90 116.51 57.9'25'52"W 47'22'38" SCALE: 1 " = 50' LINE TABLE LINE LENGTH BEARING L1 39.00 N53'07'1I"E L2 2.5.00 S36'52'49"E L3 39.00 553'07'11"W L4 j 25.00 1 N36'52'49"W IDAHO EXHIBIT __ DRAWING FOR n 1450 E.WATERTOWERST. MERIDIAN SEWER AND WATER MAIN EASEMENT (I ' SURVEY SUITE "° �\ C�IMERIDIAN, IDAHO 8302 BARAYA SUBDIVISION N0. 2 \1f I1\ P.C.208) 84"570 ,OCATED IN THE NW 1/4 OF 1OF SECTION 15, T.JN., RAW., B.M., GROUP (: P.C. ADA COUNTY, IDAHO JOD NO. 16-332 2of2 12/8/2017 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6J Project/File Number: Item Title: Baraya Subdivision #2 Sanitary Sewer and Water Main Easement #2 Meetina Notes ADA COUNTY RECORDER Christopher D. Rich 2018-029803 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/04/2018 02:36 PM CITY OF MERIDIAN, IDAHO NO FEE M'1241110e sI "I THIS INDENTURE, made this a , day ofAQrE3, 2019 between Challenger Development Inc. . the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee, shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement aay 0, 2 C 2 REV. 08/15/16 any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and 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 WY]IREO, the said parties of the first part have hereunto subscribed their signatures th ay and ye r first herein above written. President Address \ Secretary STATE OF IDAHO ) ) ss County of Ada ) On this day of �VIQ-� , 20 ��, before me, the undersigned, a Notary Public in and for said State, personally appeared UYe4A 60-VqVII -and— , known or identified to nik to be the President -and �Seerctaty, 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 above written. ,,tall ria 31h Arty .F -0I '94' ci 4 r n Sanitary Sewer and Wa(ek Maim Easement Qoraya C3 NOTARY PUBLIC FOR IDAHO Residing at: AUa r,..�, --MCommission Expires: 'h -b5 -c4 -d- h -d 5'c4 -d - REV. 08/15/16 GRANTEE: CITY OF MERIDIAN UoIeS, laity UlerK Approved By City Council On: 60011 AUG�ST� a p� a Com�► EF kIDIAN�-- - �0ANO \ SEAL / �/ 3/ ;IV/ STATE OF IDAHO, ) : ss. County of Ada ) On this 3 I day of 201 b before me, the undersigned, a Notaty Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 00056844 so,, ••'• (SEALl0 •'LEE �• Sanitary Sewer and Water Main Easement daraya C 3 NOTARY PUBLIC FOR MAHO Residing at: -M pA(&OA) -aD Commission Expires:, -3 •a0 as REV. 08/15/16 Exhibit A DESCRIPTION FOR MERIDIAN SEWER AND WATER MAIN EASEMENT BARAYA SUBDIVISION NO. 2 A permanent easement located in the NW1/4 of the NE1/4 Section 15, T.3N., RAW B.M., Ada County, Idaho more particularly descried as follows: EASEMENT C3: Commencing at the N1/4 corner of said Section 15 from which the E1/16 corner of said Section 15 bears South 89015'23" East, 1320.35 feet; thence South 66°29'41" East, 1,053.25 feet to the REAL POINT OF BEGINNING; thence North 53°07'11" East, 39.00 feet; thence South 36°52'49" East, 25.00 feet; thence South 53007'11" West, 39.00 feet; thence North 36052'49" West, 25.00 feet to the REAL POINT OF BEGINNING. 7729 o O .to I { o ,- • � � V I W W U)ui a I. W OOew i 1 1 I 1 I I III I 1 I I 1 I RPOB- { EASE C2 '-------- 1 N79'29'26"E 23.79' I I I I I I I 1 i j 83.14' S48S�„ I a � 1 I I II I I � I I 37 I 1 i ,1z BLOCK 3 7729 RPOB �N C� N I I % " : � EASE C3� I� G'�Q F OF �QQ C� �cpRY G. G PSC Ap 25 100 05 50 150 CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA C14 50.50 155.58 100.95 N316'21"E 176'31'13" C15 145.00 119.90 116.51 529'25'52"W 47'22'38" SCALE: 1 " = 50' LINE TABLE LINE LENGTH BEARING L1 39.00 N53'07'11"E L2 25.00 S36'52'49"E L3 39.00 S53'07'11"V) L4 25.00 N36'52'49"W IDAHO EXHIBIT _13_ DRAWING FOR .1 14 E. IVATERT04YER ST. MERIDIAN SEWER AND WATER MAIN EASEMENT SURVEY SUITE 130 MERIDIAN, IDAHO 83842 BARAYA SUBDIVISION NO. 2 GROUP, P.C. (208) 80r8570 LOCATED IN THE NW 1/4 OF NE 1/4 OF SECTION 15, 13N., R.M. B.M., I ADA COUNTY, IDAHO 16-332 2of2 12/8/2017 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6K Project/File Number: Item Title: Primary Health Ten Mile Road Water Main Easement Meetina Notes ADA COUNTY RECORDER Christopher D. Rich 2018-029810 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/04/2018 02:38 PM CITY OF MERIDIAN, IDAHO NO FEE [FAM. 9 THIS INDENTURE, made this,0 day of k�t-L, 2CLIb between Ox x2dies +f tke- firs42d,�2x'f Count Idaho, the party of the second part, and hereinafter called the GRANTEE - Y, P rlkm-�� WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; and other good and valuable consideration, the GRANTORS do hereby give, grant and described property: and their allied facties, together with their maintenance, repair, replacement and such facilities at any and all times. ifs successors and assigns forever. IM31 MUIR that existent prior to undertaking such procedures. However, GRANTEE shall not be this easement that was placed there in violation of this easement, Water iviain Easement rEV. 08ii:416,dou en MAf- 90 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such tight -of -way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: N" -nm•�-�; d �« r1 ANS rrf�2 h1, C S cretary Address STATE OF IDAHO ) . ss. County of Ada ) On this 2Z day of YV-hrcln, 120 before me, the undersigned, a Notary Public in and for said State, personally appeared Mi G� known or identified to me to be iejmid— Seeretary, respectively, of the corporation that executed the within ins t• itfil, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. BRITTANY MALESPIN (SEAL NOTARY PUBUC NOT Y PU FOkIDAHO A STATE OF IDAHO Residi lg at: P3D1 fDg, I D Commission Expires: (7a> Water Mum Easement LZE V. 06/15/ l o.doe Teva t�At Rd GRANTEE: CITY OF MERIDIAN l� Tammy ded, Mayor c )0 At4st by C.Ja oles, ity Clerk Approved By City Council On: STATE OF IDAHO, ) : ss �Q00pTED A(1G�S V� T� o 0/- E IDIAN!�- IDAHO \% SEAL �/ County of Ada ) On this -6—(I— day of 20 i , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. OA A � Q n � ljm= ( ••e• , •••.• NOTARY PUBLIC FO DAHO Residing at: " $ ,,y,'G : Commission Expires: 3 -aY - a0ag :•meq 1'UBL1G AQ0�•' '*sense*••' 4vaterlViainEasement Ri'v.0 1D 1bAOC TPnl2 Rd March 22, 2018 Project No. 116130 THE LAND GROUP, INC. Exhibit "A" PRIMARY HEALTH -TEN MILE WATER EASEMENT DESCRIPTION An easement located in a portion of Lot 4, Block 2 of TM Creek Subdivision No. 1, as same is shown on the official plat thereof, recorded in Book 110 of Plats at Page 15663, Ada County Records, being located in the Northwest Quarter of the Northwest Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast corner of said Lot 4 (from which the Northwest corner of said Lot 4 bears South 89°26'50" East, 176.97 feet distant), said point being the POINT OF BEGINNING; Thence from said Northeast corner, South 00°33'10" West, a distance of 36.27 feet on the east boundary line of said Lot 4; Thence North 89°26'50" West, a distance of 22.46 feet; Thence North 00°33'10" East, a distance of 10.00 feet; Thence South 89°26'50" East, a distance of 14.98 feet; Thence North 00°34'52" East, a distance of 26.27 feet to a point on the north boundary line of said Lot 4; Thence South 89°27'58" East, a distance of 7.47 feet to the point of beginning. PREPARED BY: THE LAND GROUP, INC. James R. Washburn G. 880 WO 3-22-2018 OE \aP� R. WA Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 9 P 208.939.4041 • www.thelandgroupinc.com rr w J z w 1— M 48' i I O O -- -- -- -- -- -- -- L6 -- -- u) L4J ( L1 WATER EASEMENT i AREA: 421 SQ.FT. N I 4 I O 0O I m TM CHEEK SUBDIVISOIN No.1 BK, 110 PG.15663 I Line Table LINE BEARING LENGTH L1 S00'33'10"W 36.27' L2 N89'26'50"W 22.46' L3 N00'33'10"E 10.00' L4 S89'26'50"E 14.98' L5 N00'34'52"E 26.27' L6 S89'27'58"E 7.47' 9I 91 o 40. 80' A + Exhibit "B" HORIZONTAL SCALE: 1' = 40' Project No.: Dote of Iewonee: 03/x THE LAND GROUP �_� Sheet 71Ue: " n Exhibit B Doeigned by, Checked b, e >I o s INOORPORATED 462 East Shore Drive, Suite 100 Sheet No.: kj-9 Eagle, Idaho 83616 Water Easement m . Phone 208.939,4041 , Fax 208.939.4445 4 4 mY j7. Di Nar 1 N to � !r: a —Z Meridian Idaho els City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6L Project/File Number: Item Title: Brickyard Subdivision No. 3 and 4 Easement Meetina Notes c✓ APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-029806 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/04/2018 02:37 PM CITY OF MERIDIAN, IDAHO NO FEE ' \ 20-1B between fj(2�Ll i I gqea� Q&XWAle THIS INDENTURE, made this 2�— day of 4YLA parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHEBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV. 08/15/16 "') V-1 LA L any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures tq day and year first herein above written. SLS- J -V 411-1 Address Secretary STATE OF At4) ss County of ) On this 7 day of M Okr c b, 20 tQ , before me, the undersigned, a Notary Public in and for said State, personally appeared �L trlJ —and-- , known or identified to me to be the Pfesident--�Ok#j 9"retacy, 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 above written. .. / ��°""`� KAREN WEEKS�NOTARY PUBLIC FOR DAH — UCA IV r NOMPUBUC•STATEUTAN Residing at: p 1' 0 V Dl�,}y.4. My U m"m ExftesAugud 1, 2019 Commission Expires: Sr • 1- 7.0141 (a 8 ��� COMMISSIONNUMIER6Wi Sanitary Sewer and Water Main Easement REV. 08/15/16 -b6CV.Trd 'S+Li GRANTEE: CITY OF MERIDIAN Mayor by C.JAKoles, City Clerk O-QDRPT E D AVG�ST 0 Cily �r w E IDIAN>t- -4 IDAHO \� SEAL ,) Approved By City Council On: ( / 3,11 X STATE OF IDAHO, ) : ss. County of Ada ) On this 3fd day of J 'yrl l , 20 0, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Sanitary Sewer and Water Main Easement -rIGy-jAclya 3A-'-1 -D--VAWA�� NOTARY Pyr qC FO DAHO Residing at: `Jj i JkulAdlld T, Commission Expires: 3 -a2 • c-�,O,?Q REV. 08/15/16 Project: 170005 Date: March 23, 2018 Page: 1 of 3 an TT -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 332 N. BROADMORE WAY SUITE 101 NAMPA, IDAHO 83687 208-442-6300 • FAX 208-4660944 EXHIBIT "A" \�Npl. LANpS 23 / o �rF or N.N, sa�EN CITY OF MERIDIAN SEWER AND WATERLINE EASEMENT DESCRIPTION A parcel of land being a portion of Block 1, Centrepointe Subdivision No,2, as recorded in the official records of Ada County, Idaho, in Plat Book 110 at Pages 15889 through 15892 and situated in N1/2 of the SEI/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap monument marking the southeast corner of said Section 32, thence along the east line of said Section 32, N.00°30'13" E. a distance of 1377.87 feet to a point, from which a brass cap monument marking the northeast corner of the SE1/4 of said Section 32 (E1/4 corner) bears N,00°30'13"E, a distance of 1276.21 feet, thence leaving said east line N,89°59'41 "W. a distance of 1126.07 feet to a brass plug in concrete marking the corner common to the southeast corner of said Block 1 and west right-of-way line of N. Centrepoint Way, thence along the line common to said Block 1 and the west right-of-way N.00°13'14" E. a distance of 85.24 feet to the POINT OF BEGINNING: 1) Thence leaving said common line, N.89044'39"W. a distance of 178.31 feet to a point; 2) Thence, N.27°45'36"W. a distance of 317.51 feet to a point; 3) Thence, N.48°22'05"W. a distance of 105.57 feet to a point; 4) Thence, N.00115'21"E. a distance of 106.11 feet to a point; 5) Thence, S.89°44'39"E. a distance of 253.54 feet to a point; 6) Thence, N,00°15'21"E, a distance of 74.74 feet to a point on the north line of said Block 1; 7) Thence along said north line, S.89°46'47"E. a distance of 20.00 feet to a point; 8) Thence leaving said north line, S,00°15'21 "W, a distance of 74.75 feet to a point; 9) Thence, S,89°44139"E. a distance of 254.91 feet to a point on said common line; MERIDIAN • COEUR d'ALENE • NAMPA • SPOKANE • BOISE L:\170005\50_Survey\Word Documents\Descriptions\170005-SEWER AND WATER EASEMENT PHASE 4 Description 03-09-2018 Project: 170005 Date: March 23, 2018 Page: 2 of 3 10) Thence along said common line and along the arc of a curve to the right having a radius of 200.00 feet, an arc length of 44.39 feet, a central angle of 12°43'04 and a chord bearing S.15°42'16"W. a distance of 44.30 feet to a point; 11) Thence continuing along said common line, 5.22°03'48"W. a distance of 3.55 feet to a point; 12)'rhence leaving said common lige N.89°44'39"W. a distance of 477.33 feet to a point; 13) Thence S.00° 15'21 "W. a distance of 42.94 feet to a point; 14) Thence S.48°22'05"E. a distance of 95.31 feet to a point; 15) Thence S.27°45'36"E. a distance of 292.53 feet to a point; 16) Thence 5.89144'39"E. a distance of 159.72 feet to a point on said common line; 17) Thence along said common line S,00°13'14"W. a distance of 46.00 feet to the POINT OF BEGINNING. Said parcel containing 1.16 acres or 50,684 square feet more or less and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit `B" and by this reference made a part hereof. MERIDIAN + COEUR d'ALENE • NAMPA • SPOKANE • BOISE L:1170005\50_Survey\Word Documents\Descriptions\170005-SEWER AND WATER EASEMENT PHASE 4 Description 03-09-2018 (Y) O N a m m o a - W ~ Nv, Z n O �J� LL py J',y u1 w CO W = N 6�i �o O coo Uj J N o �, Z p 0 LL O0 QQ {`— O Q ydi Y OSP J= Q pip o ��'� D �� z 0- o s wz N:� N Z Izo z LL W o0U � � W Q I o C() z z ( a w W T-r) z¢w I I Wz J Zli I I I NZD °O xOC,)N Ooh Q � I u %Q mz H m n � o d�,T � w � � ZZ <a� I Q AT U OZ x N LU tD ��C Wq OWNI `� �` zC7 UW z� �- �: ° w� z N Q a mw OIO F5 wow a �Oz W a N 0 - wz a co LL }O w z ZO U pAq I— oz Ln m o �' p o�z om \� z ° I z o a�z i City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6M Project/File Number: Item Title: Access and Indemnity Agreement with Insurance Auto Auctions for Use of Facility for K9 Training Meetina Notes ACCESS AND INDEMNITY AGREEMENT THIS ACCESS AND INDEMNITY AGREEMENT (this "Agreement") is made this day of N, 2018 by and between INSURANCE AUTO AUCTIONS, INC. ("IAA"), and MERIDIAN IDAHO POLICE DEPARTMENT ("Licensor"). RECITALS: A. IAA is a lessee of certain property commonly known as 1881 W Marcon Lane, Meridian, Idaho, together with all improvements located thereon (the "Property") and has leased the Property to IAA. B. Licensor has requested that IAA permit Licensor to utilize a portion of the property mutually agreeable to the parties (the "Access Premises") for the purpose of providing K-9 training to dogs with agents of Licensor (the "Use"). C. IAA is willing to permit the Licensor to access and use the Access Property for the Use, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as though fully contained herein. 2. Grant of Access. Subject to the Licensor's continued compliance with the terms and conditions of this Agreement, IAA hereby grants to Licensor and its employees, agents and contractors a non-exclusive temporary right and license to access the Access Property, solely for the purpose of Use. IAA, by entering into this Agreement, assumes no obligation to make any preparations, provide any services, or take any action, of any kind whatsoever in connection with the Licensor or the Use. The Licensor shall be responsible for obtaining any permits and regulatory approvals necessary for the Use. 3. Compliance with Laws/Damage. The Licensor agrees that its respective agents, employees and contractors shall use due care, shall act reasonably to avoid damage to the IAA Property in connection therewith, shall undertake the Use in accordance with all applicable legal requirements, and shall promptly restore any damage to the IAA Property caused by the Use. 4. Liability Insurance. Throughout the term of this Agreement, the Licensor shall obtain and keep in effect insurance insuring its liabilities hereunder in such amounts and under such policies as IAA may require from time to time and from insurers licensed to do business in the State of Tennessee. Certificates of such insurance shall be delivered by the Licensor to IAA prior to accessing the Property. At a minimum, the Licensor shall maintain a general liability 00792621vi insurance policy with a face amount per occurrence of not less than $2,000,000. lAA and its affiliates, subsidiaries and shareholders, as well as KAR Auction Services, Inc. shall be named an additional insured on all such policies of insurance. 5. Indemnity. To the maximum extent permitted by law, the Licensor, jointly and severally agrees to protect, indemnify, defend (with counsel acceptable to IAA) and hold harmless IAA, KAR Auction Services, Inc. and their respective beneficiaries, officers, directors, shareholders, employees, representatives, agents, contractors, licensees, lessees, guests, invitees, successors and assigns (collectively, the "IAA. Parties") from and against any and all losses, costs, damages, liabilities, expenses (including, without limitation, reasonable attorneys' fees) and/or injuries (including, without limitation, damage to property and/or personal injuries) suffered or incurred by any of the IAA Parties (regardless of whether contingent, direct, consequential, liquidated or unliquidated), and any and all claims, demands, suits and causes of action brought or raised against any of the IAA. Parties, arising out of, resulting from, relating to or connected with: (a) any act or omission of the Licensor or, if applicable, their officers, directors, shareholders, employees, representatives, agents, contractors, licensees, guests, invitees, successors and assigns at, on or about all or any portion of the IAA Property, and/or (b) any breach or violation of this Agreement on the part of the Licensor. The Licensor's obligation to protect, indemnify, defend and hold harmless the IAA Parties shall survive any termination of this Agreement. 6. Waiver of Claims. Licensor agrees that, to the extent not expressly prohibited by law, the IAA Parties shall not be liable for any damage either to person or property sustained by Licensor or any of its beneficiaries, officers, directors, shareholders, employees, representatives, agents, contractors, guests, invitees, successors and assigns (collectively, the "User Parties") due to all or any part of the Property or any appurtenances thereof becoming out of repair, or due to the happening of any accident in or about all or any part of the Property or appurtenances thereof, or due to any act or neglect of any tenant or occupant of the Property or appurtenances thereof: This provision shall apply without distinction as to the person whose act or neglect was responsible for the damage. The Licensor further agrees that all of the Licensor's personal property used in the Access Premises shall be at the risk of the Licensor only and that LAA shall not be liable for any loss or damage thereto or theft thereof. 7. Miscellaneous. a. This Agreement constitutes a license to enter and perform the Use on the Access Premises, and no easement or conveyance is intended to be created hereby. b. Words in the singular, plural, masculine, or feminine as used herein shall have the same meanings and be construed as required by the context of this Agreement. 00792621vt 2 C. The captions of the sections appearing in this Agreement in no way define, limit, construe or describe the scope or intent of such sections. d. The laws of the Idaho shall govern the validity, performance and enforcement of this Agreement. e. It is agreed that the provisions of this Agreement are separable and, therefore, the invalidity or unenforceability of any provision of this Agreement shall not affect or impair the validity and enforceability of any other provision. f. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement, and shall become effective when one or more such counterparts have been signed by each of the parties and delivered to the other party. This Agreement, to the extent signed and delivered by means of a facsimile machine or other electronic method containing a reproduced signature, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person. No party hereto shall raise the use of a facsimile machine or other electronic method to deliver a signature or the fact that any signature or contract was transmitted or communicated through the use of facsimile machine or other electronic method as a defense to the formation of a contract, and each such party forever waives any such defense. g. This Agreement shall not be assignable by Licensor without the express written consent of IAA, which consent IAA may withhold in its sole and absolute discretion. [Signature page follows] 00792621v1 3 IN WITNESS WHEREOF, the patties hereto have executed this Access Agreement on the day and year first above written. Uk Licensor: ' • • •; 1 1 • I• I• • • • • • ! � rBy Print Name -3 ;Inn L�t 00792621x1 Tithe: MC/Y0r City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6N Project/File Number: Item Title: Memorandum of Understanding between the City of Meridian and the International Association of Fire Fighters, Local 4627 Amending Article 15 of the Current Collective Bargaining Agreement Pertaining to Engineer Testing Meetina Notes �i Wr�eort� MEMORANDUM OF UNDERSTANDING TO AMEND ARTICLE 15 OF THE CURRENT COLLECTIVE BARGAINING AGREEMENT. This Memorandum of Understanding (MOU) is entered into this 2V day of �('t , 2018, by and between IAFF Local 4627 ("UNION") and the City of Meridian ("CITY"). WHEREAS, the UNION and the CITY are parties to a Collective Labor Agreement effective October 25, 2016 - September 30, 2018 ("CLA") covering various terms and conditions of employment of the Firefighter employees of the CITY; and WHEREAS, the parties have determined that Article 15 - Promotions needs to be modified to address the current testing for Engineer that will occur on May 8, 2018 without requiring another ninety (90) day period occur prior to the implementation of the test; and THEREFORE, the parties agree to the following MOU of Article 15 for the period of time from February 1, 2018 to the testing date of May 8, 2018 of the current CLA. Nothing in the existing Article 15 is changed or superseded by this MOU. The parties agree to the following: For the period of February 1, 2018 to the application submittal date of April 6, 2018; the eligibility for a member identified by Article 1 of the current Collective Labor Agreement (CLA) to test for the position of Engineer for the Meridian Fire Department shall be the following: Eligibility Requirements: Rank of Firefighter II for one (1) continuous year OR Higher rank; Certificate of Completion of the Department sponsored Engineer Development Program (EDP); or o Submission of a Fire Apparatus Driver Operator certificate of completion that meets NFPA 1002 (the Training Chief shall be the final authority on the certificate submitted); or o Is currently enrolled in and achieves the certificate of completion of the Engineer Development Program (EDP); ICS 100, 200, 700, and 800 certification Current State of Idaho EMT, Advanced EMT, or Paramedic License. �Z> 1-7e;l� Tyler untree, President Date Local #4627 rt�t PASSED by the City Council of the City of Meridian, Idaho, this day of ri 6 12018. APPROVED by the Mayor of the City of Meridian, Idaho, this 3 day of /d rI2018. APPRO r MAY ATTEST: =Go�Q0(iATE0q�jc�s V. or a ID C Y CLE IANC. 2 �O'4NO "� SEAL d City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 60 Project/File Number: Item Title: Agreement for Fire Department Communication Dispatch Services Between Ada County and City Of Meridian for Fiscal Year 2018 for an amount not to exceed $87,122.21 Meetina Notes AGREEMENT NO. I �Q0q AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN FOR FISCAL YEAR 2018 THIS AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN FOR FISCAL YEAR 2018 (hereinafter referred to as "Agreement"), by and between Ada County (hereinafter referred to as "County") and the City of Meridian, by and through the Meridian Fire Department (hereinafter referred to as "City" or "Meridian Fire"), also collectively or individually referred to as "Party" or "Parties," is entered into for the purpose of establishing a fire communication dispatch service for City, to be supplied by County, and for the payment of consideration by City to County for the provision of said service. It is further understood that operationally, County means the Ada County Sheriff's Office (hereinafter referred to as "ACSO"). WITNESSETH: WHEREAS, County and City desire to enter into an agreement whereby County will furnish radio and telephone dispatch communication services and facilities to City. NOW, THEREFORE, the Parties hereby mutually agree as follows: 1. Contract Tenn and Renegotiation Option. By the execution of this Agreement, both Parties hereby agree that this Agreement will be in full force and effect from October 1, 2017 through September 30, 2018. Both Parties hereby agree that this Agreement may be renewed upon re-execution by both Parties for successive one-year periods, beginning October 1 through and including September 30 of the following year. Should re-execution of this Agreement not be accomplished by the beginning of the next renewal period, this Agreement, and all terns and conditions AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2018 - PAGE 1 AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2018 - PAGE 2 contained therein, shall be extended for consecutive one-month periods until a new agreement has been renegotiated and executed. During any extension period, City shall pay to County a pro-rata monthly portion of the annual cost set forth in section 13 of this Agreement. Each such payment shall be made within thirty (30) days following receipt of invoice at the end of each such one-month extension and shall be delivered to the ACSO. 2. Termination. This Agreement may be terminated by either Party for a breach of its terms or conditions, due to convenience, non-appropriation, or when either or both parties agree that the continuation of this Agreement is not in the parties’ best interest, by providing ninety (90) days’ written notice of termination to the other Party. Where the stated grounds for termination are noncompliance with the performance standards set forth in this Agreement, the Parties shall complete all notice and cure procedures set forth in section 6 prior to termination of this Agreement. 3. Duties and Obligations. County shall provide dispatch services to City. County shall provide the services of a dispatch center to City, including the receipt, transmission, and transfer of emergency and routine communications made at the request or direction of City. County agrees to hire and manage personnel in accordance with ACSO personnel policies and procedures. All personnel decisions, including, but not limited to, hiring, promotion, demotion, rates of pay, discipline and termination of employment, shall be under the sole direction and discretion of the ACSO. Complaints against ACSO personnel shall be brought to the attention of the ACSO Dispatch Supervisor. County agrees to evaluate input from Meridian Fire with regard to staffing of the fire consoles in the Emergency Communications Center. Such input may be used in planning and Meridian City Council Meeting Agenda April 3, 2018 – Page 227 of 396 AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2018 - PAGE 3 budgeting to work toward enhancing fire console coverage. Emergency dispatch services to be provided shall include such duties as “primary” fire dispatcher and a tactical radio operator (TRO). Emergency dispatch services shall always take precedence over other activities. City agrees to bring to the attention of County, through written notification directed to the ACSO or its designee, any operational, employee performance, or other problem, which, in City’s opinion, is, or has the potential to become, detrimental to City’s ability to adequately deliver its services. County agrees to take whatever reasonable and customary steps are necessary to address City’s concerns. City and County agree to use a dispatch liaison to facilitate communications, and training between and among the agencies. 4. Mutual Hold Harmless and Insurance Requirements. To the extent permitted by law, the County and City agree to hold each other harmless against claims arising from the alleged negligent acts or omissions of their respective public employees or agents, which occurred or are alleged to have occurred during the performance of their duties, unless such acts or omissions occurred outside the scope of their employment or were willful and wanton. Such claims shall be subject to the limitations of Idaho law. Each party shall procure and maintain insurance as required by applicable federal and state law and as may be appropriate and reasonable to cover its staff, equipment, vehicles, and property, including but not limited to liability insurance, workers’ compensation, automobile liability, and property damage. Each party has the right to self-insure all or part of the insurance requirements set forth in this paragraph. Notwithstanding the Parties’ exercise of such option to self-insure, the Parties Meridian City Council Meeting Agenda April 3, 2018 – Page 228 of 396 AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2018 - PAGE 4 specifically waive all rights of and claims for subrogation against the other arising from any injury to an employee of the Party. 5. Performance standards. County shall provide to City services that meet or exceed the following standards: a. County will work cooperatively with Meridian Fire in an effort to provide specific fire training for dispatchers. Such training may include classroom lecture, department/facility familiarization, and participation as an observer assigned to an Engine Company. County will provide a minimum of forty (40) training hours during the term of this Agreement, and will work collectively with Emergency Services User Group (“ESUG”) to define a fire-specific training curriculum. Additional training hours will be contingent upon approved and available budget. Emphasis will be given to minimizing financial impact when creating training schedules. b. Fire dispatchers shall complete ICS 100, 200 and ICS 700 training, which may be accomplished via Internet. County and Meridian Fire will work cooperatively and plan for additional levels of ICS training to be accomplished as budget and resources permit. c. Meridian Fire may assign an officer to the dispatch center during large-scale incidents to assist with fire resource coordination. d. Dispatch procedure shall be in compliance with the Standard Operating Procedures (“SOP”), adopted by and through, the Emergency Services User Group (“ESUG”), formed and operated under the direction of the Emergency Communications Planning Committee (“ECPC”) and its Change Management protocols. e. County shall provide a dedicated Tactical Radio Operator (TRO) on all structure, wildland, and/or large scale pre-planned fire events, or at the request of the Incident Commander. Once assigned, TRO will be released from monitoring the incident through mutual agreement of the on scene Incident Commander and the Dispatch Supervisor. f. County shall explore with ESUG the adoption and potential for funding of EFD (“Emergency Fire Dispatch”), as part of Priority Dispatch. g. County shall report quarterly on NFPA 1221 compliance, specific to call processing time of 64 seconds or less 90% of the time for Meridian City Council Meeting Agenda April 3, 2018 – Page 229 of 396 AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2018 - PAGE 5 high priority (Echo) call types. County and City will work collaboratively to identify solutions in the event compliance is not achieved. h. Meridian Fire recommends that County fire dispatch work toward NFPA 1221 and 1061 compliance. Emphasis should be placed around NFPA 1221 Chapters 7 and 10. The applicable provisions of NFPA are incorporated herein, by reference, as if set forth in full. i. County and City agree to continue to work cooperatively with Nampa City dispatch and Canyon County dispatch in an effort to pursue solutions to such items as disparate CAD systems, disparate GIS layers, delays in dispatch to dispatch communications, and other items that prohibit a timely and accurate response to the community or citizen in need. 6. Notice of Non-Compliance. In the event that it appears the Performance Standards have not been met, City shall make written notification to County, specifically identifying the alleged performance deficiency. County shall initiate a prompt investigation of the matter, which will include a meeting with the City representative on the ESUG. The County investigation shall be completed within thirty (30) days. Upon completion of the investigation, a written report shall be forwarded to City, which shall include an assessment of the alleged deficiency and recommendation(s) for change(s), as needed. City and County shall meet within seven (7) days of submission of the report and determine if the alleged deficiency was properly identified and assessed, and the recommended change(s) will prevent any recurrence of any deficiency so identified. 7. City Personnel. City agrees to maintain either full-time or on-call personnel to accept alarms requesting emergency fire services within the jurisdiction of City. 8. County Dispatch Services. County shall provide City with communications dispatch services. County and City agree to participate in the regularly scheduled ESUG meetings and report to the ECPC, as required by the ECPC. All Operational requirements, Meridian City Council Meeting Agenda April 3, 2018 – Page 230 of 396 AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2018 - PAGE 6 requests for priority changes, additions, deletions, or protocols to the SOP will be considered and addressed through the ESUG/ECPC Change Management protocols. The City’s representative on the ESUG shall present any such SOP changes on behalf of the City through this process. 9. Licenses, Permits and Regulations. County and City shall each comply with all laws, orders and regulations of the Federal Communications Commission and any other applicable local, state or federal law, order or regulation. 10. Tapes, Logs, Time Cards, Special Reports, and Other Materials. County shall, within ten (10) days after written request by City, supply City with duplicates of the tapes, logs, time cards, special reports, recordings, or other materials that can be identified as being principally related to the dispatch of City-owned or –operated emergency vehicles. All such requests shall be made within thirteen (13) months of the origination of the incident related to City operation. No tapes, recordings, reports, or other materials relating to any other agency shall be supplied to City unless City first obtains approval in writing from said agency’s chief official or designee. Such approval shall be in a form approved by the ACSO in accordance with Dispatch Operating Policy 2.080. 11. EMS and Fire Dispatching. It shall be understood by City and County that equipment owned by both entities may be utilized in providing dispatch service for any agency within Ada County as well as within the City. 12. Preparation of Annual Budget for Each Contract Year. The ACSO shall cause to be prepared and forwarded to City for review no later than April 15 an annual budget for operation of the Ada County Emergency Communication’s Center. Said budget shall identify the itemized costs (to include number of personnel) of providing all Fire/EMS-related Meridian City Council Meeting Agenda April 3, 2018 – Page 231 of 396 AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2018 - PAGE 7 communications services to City for the ensuing contract year. The Projected Costs of Services shall be and are hereby made a part of this Contract. (See Appendix “A.”) 13. Consideration by City. In consideration of the foregoing and pursuant to this Contract, City hereby agrees to pay to County the sum of Eighty-Seven Thousand, One Hundred Twenty-Two Dollars and Twenty-One Cents ($87,122.21) for the services provided to City, paid in equal portions quarterly at the end of each quarter, to the ACSO, within thirty (30) days following receipt of invoice. Said total amount shall be invoiced by ACSO in time for City to issue final payment to the ACSO no later than September 30, 2018. In the event of termination of this Agreement pursuant to the provisions of section 2 herein above, City shall pay a pro-rata share of the Agreement amount set forth in this section for services rendered until termination. 14. Appropriation. City’s obligations under this Agreement to provide payment as described herein shall be subject to and dependent upon appropriations being made by the Meridian City Council for such purpose. The Meridian Fire Chief, in preparing Meridian Fire’s Fiscal Year 2018 budget, shall include in the proposed budget the amount noted herein, which will be duly considered by the Meridian City Council along with the other proposed expenditures for Fiscal Year 2018. 15. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian County: Ada County Sheriff’s Office City Clerk Andrea Dearden, 33 E. Broadway Avenue Director of Communication Meridian ID 83642 7200 W. Barrister Drive Boise, ID 83704 Meridian City Council Meeting Agenda April 3, 2018 – Page 232 of 396 AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2018 - PAGE 8 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. 16. 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. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. 17. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. \\\\\\\\\\INTENTIONALLY LEFT BLANK\\\\\\\\\\ Meridian City Council Meeting Agenda April 3, 2018 – Page 233 of 396 IN WITNESS WHEREOF, the Parties hereto have subscribed their names on the following dates: ADA COUNTY Board of Ada County Commissioners D vi i Case, Commissioner ssioner Rick Visser, Commissioner Signed this day of Wit= ----,12018. ATTEST::/ r Chnstoph D. RicVrkda County Clerk Ada County Sheriffs ffice tlLiae��'l Stephen Bartlett, Ada County Sheriff Signed this day of & �-2018. CITY OF MERIDIAN Tammy de eerd, Mayor Signed this� day of A rj, 2018. ATTEST: diant Clerk (mor w CVL E .IDIAN .4 IDAHO x� SEALI AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2018 - PAGE 9 AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2018 – APPENDIX A Appendix A Projected Costs of Services Fire Contracts FY2018 Meridian City Council Meeting Agenda April 3, 2018 – Page 235 of 396 Annual Quarterly Agency 2016 Runs Percent of Total Billed Amount Billed Amount Boise Fire 19,11431.65% 269,197.21$ 67,299.30$ Whitney Fire 1,2332.04% 17,365.29$ 4,341.32$ Meridian Fire 6,18610.24% 87,122.21$ 21,780.55$ Eagle Fire 1,8032.99% 25,393.04$ 6,348.26$ Kuna Fire 1,4282.36% 20,111.63$ 5,027.91$ Star Fire 7561.25% 10,647.33$ 2,661.83$ NACFR 1,8273.03% 25,731.05$ 6,432.76$ EMS 28,04246.44% 394,937.13$ 98,734.28$ Total 60,389 100.00%850,504.90$ Cost per run 14.08$ FY2018Fire/EMSDispatchContract Meridian City Council Meeting Agenda April 3, 2018 – Page 236 of 396 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6P Project/File Number: Item Title: Subrecipient Agreement Between City of Meridian and Meridian Development Corporation for Program Year 2017 Community Development Block Grant Funds in an amount not to exceed $182,195.11 Meetinq Notes SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN DEVELOPMENT CORPORATION FOR PROGRAM YEAR 2017 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this 3rd day of ► \ , 2018 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Meridian Development Corporation, an urban renewal agency established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive, funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient helps provide a suitable living environment for all low -to -moderate income ("LMI") individuals through community development projects aimed at rehabilitation of community facilities and construction and improvement of public infrastructure, which activities complement the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2015 ("PY15"), Program Year 2016 ("PY16"), Program Year 2017 ("PY17"); and WHEREAS, Appendix II to 2 Code of Federal Regulations ("CFR") Part 200 establishes required "contract provisions for non-federal entity contracts under Federal awards"; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional, pending the availability of such funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY15 CDBG funds in an amount not to exceed four hundred fifty four dollars and seventeen cents ($454.17), PY16 CDBG funds in an amount not to exceed thirty four thousand six hundred eighty five dollars and ninety four cents ($34,685.94), and PY17 CDBG funds in an amount not to exceed one hundred forty seven thousand fifty-five dollars ($147,055), providing a total CDBG funding project allocation from PY15, PY16, and PY17 in an amount not to exceed one hundred eighty two thousand, one hundred ninety five dollars and eleven cents ($182,195.11) to construct new sidewalk and associated public facilities compliant with the Idaho Standards for Public Works Construction, the Americans with Disabilities Act, the approved design guidelines of the Ada County Highway District, and the Davis -Bacon Act for parcels lacking sidewalk facilities at one to five of the following locations in Meridian, Idaho, as depicted in ExhibitA hereto: PY17SUBRECIPIENTAGREEMENT-MERIDIANDEVELOPMENT CORPORATION PAGE 1 OF 12 PY17 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 2 OF 12 1. Ninety-one (91) feet of sidewalk in front of 438 E. State Avenue; 2. Two hundred seventy-seven (277) feet of sidewalk along NE 5 th Street, between E. Carlton Avenue and E. State Avenue; 3. Fifteen (15) feet of sidewalk between 438 E. State Avenue and NE 5 th Street; 4. Three hundred thirty-nine (339) feet of sidewalk along south side of E. Carlton Avenue between NE 4 th Street and NE 5 th Street; and 5. At least Three hundred and thirty (330) feet of sidewalk along the south side of E. Carlton Avenue from the eastern side of NE 2 nd Street to NE 4 th Street. This project’s scope and budget include the costs associated with contracting a consultant organization to help manage and administer the project, as well as any and all planned and approved impacts associated with the construction of these sidewalk segments including, but not limited to, asphalt work and road widening; curb, gutter, and drainage construction; tree and shrubbery removal; etc. Refer to the stamped and approved design specifications for more details. B. National Objective. Subrecipient certifies that the activities carried out using the City’s CDBG funds provided by City under this Agreement will meet one or more of the CDBG program’s National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient’s activities under this agreement shall construct public facilities benefitting persons in the BG2 CT103.21 area, which contains at least 51% LMI residents and is compliant with 24 CFR § 570.208(a)(1)(i). C. Level of Service. Subrecipient’s activities under this Agreement shall provide up to five (5) total Units of Service over the term of this Agreement. For the purposes of this Agreement, “Units of Service” shall be defined as a segment of constructed public sidewalk facility as described in Section I.A. of this agreement. D. Staffing not funded. Subrecipient agrees that CDBG funds provided under this Agreement will not be utilized for staffing. E. Time of performance. Services of Subrecipient shall start on or before January 1, 2018 and end on June 30, 2019. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT’S ADMINISTRATIVE REQUIREMENTS A. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City’s review of Subrecipient’s submitted documents for accuracy and completion, as well as at least one on-site visit from City’s CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures. B. Budget. Subrecipient shall submit to City a detailed budget breakdown describing the activities to be undertaken with CDBG funds provided under this Agreement. Meridian City Council Meeting Agenda April 3, 2018 – Page 239 of 396 PY17 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 3 OF 12 C. Progress Reports. Subrecipient shall submit a Monthly Progress Report, in the form and content as required by City’s CDBG Administrator. If Monthly Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Monthly Progress Reports must report levels of service, as outlined in this Agreement, as well as any relevant issues or updates. Monthly Progress Reports must be submitted even if there is no draw to accompany it for the month. D. Financial Management. 1. Accounting Standards. Subrecipient agrees to comply with 2 CFR § 200.302, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Certification of financial management system. Payments shall be contingent upon HUD’s certification of Subrecipient’s financial management system in accordance with 2 CFR § 215.17. 3. Closeout. Subrecipient’s obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 4. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non-Federal entities that expend $750,000 or more in Federal awards, in one year, have a single or program-specific audit. 5. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. E. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. Meridian City Council Meeting Agenda April 3, 2018 – Page 240 of 396 PY17 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 4 OF 12 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient’s accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not to exceed one hundred eighty two thousand, one hundred ninety five dollars and eleven cents ($182,195.11). City will not accept or process draw requests prior to City’s reception of Congressional Release of Funds; the CDBG Administrator shall notify Subrecipient of such release and the opportunity to submit draw requests. Draw requests 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 in coordination with the CDBG Administrator. Draw requests shall include the following: draw request form, progress report, transaction detail (such as an invoice from a contractor or subcontractor), completed certified payroll forms (Department of Labor Form WH-347) and any employee wage verification interview forms (HUD Form 11) completed for the relevant draw request period, and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Subrecipient’s final draw request under this Agreement must be submitted by Subrecipient no later than June 30, 2019. 5. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 6. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget (“OMB”) concerning the Dun and Bradstreet Data Universal Numbering System (“DUNS”), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25, and 2 CFR § 170.320. F. Procurement. Subrecipient shall comply with current Federal and City policies concerning procurement and purchasing, including the City of Meridian Purchasing Policy and 2 CFR § 200.318, and shall provide to City upon request, records related to services procured with funds provided hereunder. 1. Procurement Processes . Subrecipient shall comply with the following requirements: a) Subrecipient shall provide City a copy of all bid packages for review, prior to issuing to the public; Meridian City Council Meeting Agenda April 3, 2018 – Page 241 of 396 PY17 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 5 OF 12 b) Subrecipient shall notify the City Purchasing Manager of bid opening dates and provide sufficient notice for the City Purchasing Manger to attend and attest to the bid results; c) Subrecipient shall provide City a copy of all construction contracts for review, prior to issuing to the apparent low bidders; d) all CDGB bids must include a Pre-Bid Meeting (details of the certified payroll and labor monitoring processes must be discussed at the meeting); and e) once awarded, Subrecipient must discuss the details of the certified payroll process at the Pre-Construction Meeting, prior to the Notice to Proceed. G. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 2 CFR § 200.302 and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Financial records, as required by 2 CFR §§ 215.50, 215.53, and 570.502(a)(7); and e. Other records necessary to document compliance with 24 CFR Part 570, Subpart K. 2. Records retention . Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City’s final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix II, section (C) and 41 CFR § 60–1.4(b), the equal opportunity clause set forth in 41 CFR § 60–1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Meridian City Council Meeting Agenda April 3, 2018 – Page 242 of 396 PY17 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 6 OF 12 Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 701 et seq .), which prohibits discrimination against the handicapped in any Federally-assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small, Women- and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women’s business enterprises, and labor surplus area firms are used when possible F. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. G. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. H. Faith-based organizations. Pursuant to 24 CFR § 570.200(j), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. I. Labor standards. Per 2 CFR Part 200, Appendix II, section (D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient’s subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient’s subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further, the provisions of Agreement Work Hours and Safety Standards Act; the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient’s subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in Meridian City Council Meeting Agenda April 3, 2018 – Page 243 of 396 PY17 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 7 OF 12 excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix II, section (E), the Contract Work Hours and Safety Standards Act (40 U.S.C.§§ 3701–3708) applies to contracts in excess of $100,000. J. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. K. Lobbying; political activities. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: “This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than $10,000 and not more than $100,000 for each such failure.” The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix II, section (I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient Meridian City Council Meeting Agenda April 3, 2018 – Page 244 of 396 PY17 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 8 OF 12 further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). IV. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City’s Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD’s release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Meridian Development Corporation Attn: Christopher Pope Attn: Ashley Squyres CDBG Program Administrator Administrator 33 E. Broadway Avenue 104 East Fairview Avenue. #239 Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient’s environmental responsibilities described in 24 CFR § 58.10; and (2) Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Workers’ Compensation. Subrecipient shall maintain workers’ compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. F. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Meridian City Council Meeting Agenda April 3, 2018 – Page 245 of 396 PY17 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 9 OF 12 G. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. H. Termination ( see 2 CFR Part 200, Appendix II, section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to to the other of the basis of termination. The defaulting Party shall have fourteen (14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings, photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven (7) days of City’s demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. I. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. J. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. Meridian City Council Meeting Agenda April 3, 2018 – Page 246 of 396 PY17 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 10 OF 12 All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. K. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. L. Severability. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. M. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. N. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party’s right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. O. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Development Corporation Meridian City Council Meeting Agenda April 3, 2018 – Page 247 of 396 D6 Basalone, Chairman CITY: City of Meridian By: e Weerd, Mayor Attest: ED s At �o Clerk PY17 SUBRECIPIENTAGREEMENT -MERIDIANDEVELOPMENTCORPORATION PAGE 11 OF 12 PY17 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 12 OF 12 Exhibit A MAP OF PROJECT AREA (1 page) Meridian City Council Meeting Agenda April 3, 2018 – Page 249 of 396 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6Q Project/File Number: Item Title: Approval of Task Order 10631.a for Professional Services for "Water Main Extension W. Victory Rd. & S. Ten Mile Rd." to Civil Survey Consultants for the Not -To -Exceed amount of $103,397.00. Meetinq Notes Page 1 Memo To: C.Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Brent Blake; Keith Watts Date: 3/29/2018 Re: April 3 rd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 3 rd City Council Consent Agenda for Council’s consideration. Approval of Task Order 10631.a for Professional Services for “Water Main Extension W. Victory Rd. & S. Ten Mile Rd.” to Civil Survey Consultants for the Not-To-Exceed amount of $103,397.00. This Task Order is issued in conjunction with the Master Agreement with Civil Survey Consultants dated October 1, 2015. Recommended Council Action: Approval of Task Order 10631.a to Civil Survey Consultants for the Not-To-Exceed amount of $103,397.00 and also authorize the Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount of $103,397.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda April 3, 2018 – Page 251 of 396 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 3 , 2 0 1 8 – P a g e 2 5 2 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 3 , 2 0 1 8 – P a g e 2 5 3 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 3 , 2 0 1 8 – P a g e 2 5 4 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 3 , 2 0 1 8 – P a g e 2 5 5 o f 3 9 6 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2017 Through 9/30/2018 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 96140 WATERLINE EXTENSIONS 3,019,181.64 1,549,328.35 1,469,853.29 48.68% Total Capital Outlay 3,019,181.64 1,549,328.35 1,469,853.29 48.68% DEPT EXPENDITURES 3,019,181.64 1,549,328.35 1,469,853.29 48.68% TOTAL EXPENDITURES 3,019,181.64 1,549,328.35 1,469,853.29 48.68% Date: 3/29/18 01:07:11 PM Page: 1Meridian City Council Meeting Agenda April 3, 2018 – Page 256 of 396 TASK ORDER NO. 10631.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS (ENGINEER) This Task Order is made this day of April 2018 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by CIVIL SURVEY CONSULTANTS, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 1 b) between the above mentioned parties dated October 1, 2015. The Project Name for this Task Order 10631.a is as follows: CITY OF MERIDIAN WATER MAIN EXTENSION W. VICTORY ROAD AND S. TEN MILE ROAD PROJECT UNDERSTANDING The Engineer shall provide professional engineering services related to the design of approximately 5,300 linear feet of 12" water main in Victory Road (Ten Mile Road to Linder Road) and approximately 3,300 linear feet of 12" water main in Ten Mile Road (Victory Road to Overland Road). The design is expected to include six to eight fire hydrants at locations identified by the City. The Engineer shall also provide professional engineering services related to the design of two pressure reducing valve (PRV) stations. It is expected that one PRV shall be located along Victory Road approximately 750 linear feet east of Ten Mile Road and with existing overhead power along Victory Road the design shall include SCADA controls and associated electrical system. The other PRV shall be located along Overland Road approximately 2000 linear feet east of Ten Mile Road and with no existing power along Overland Road the design shall not include SCADA controls. It is expected that it shall be necessary to obtain a permanent easement for each PRV. The new water main shall be bored underneath the existing Calkins Lateral Bridge at two locations, one on Victory Road and one on Ten Mile Road. A crossing agreement with the Bureau of Reclamation and Nampa Meridian Irrigation District shall be required to complete the project. Task Order 10631.a Water Main Extension W. Victory & S. Ten Mile Rd. Page 1 of 7 Civil Survey Consultants There is an existing high pressure natural gas pipeline that crosses Victory Road and Ten Mile Road. Coordination with Williams Pipeline shall be required to complete the project. SCOPE OF WORK Task 1 —Administration This task includes duties associated with setting up the contract, submitting monthly invoices and ongoing project management. Task 2 — Surveying and Data Collection 2.1 This task includes field work associated with performing a topographic survey as required to complete the design. The topographic surrey shall extend from fence line to fence line or a maximum of 20' beyond the edge of pavement on both sides of Victory Road and Ten Mile Road as required to complete the design. Engineer shall contact dig -line and request that the existing utilities are located. Engineer shall survey utility markings and draft markings on topographic drawing. 2.2 This task includes office work associated with drafting the topographic survey and establishing the public right-of-way. We anticipate that for the purposes of this project we will be able to define the existing public right- of—way from record of surveys and subdivision plats recorded with ADA County. We expect to order a total of two title reports to establish property lines for the PRV easements. 2.3 This task includes office and field work associated with potholing the existing roadway section and utilities at 16 locations. Engineer shall mark pothole locations and coordinate work with pothole contractor. 2.4 This task includes coordination with contractor to have two groundwater monitoring wells installed and then measuring the groundwater level on a bi-weekly basis during the irrigation season. A monitoring well shall be installed near each expected PRV location. 2.5 This task includes coordination with Williams Pipeline to obtain depth, size and casing information for the existing high pressure gas line. 2.6 This task includes coordination with the City and private property owners to obtain a permanent easement for the two PRV stations. The signed easement shall be provided to the City for recording with Ada County. Task Order 14631.a Water Main Extension W. Victory & S. Ten Mile Rd. Page 2 of 7 Civil Survey Consultants 2.7 This task includes preparing the legal description and associated map for the PRV station permanent easements. Task 3 — Crossing Agreements 3.1 This task includes preparing and submitting a crossing agreement application to the Bureau of Reclamation and coordination with the Bureau and the City to obtain an executed agreement. 3.2 This task includes submitting plans to Nampa Meridian Irrigation District and coordination with the District and the City to obtain an executed agreement. Task 4 — Design Improvements 4.1 This task includes designing the new water main and fire hydrants. The topographic survey drawing, existing utility locations and public right-of- way shall be evaluated to identify potential locations for the new water main fire hydrants. 4.2 This task includes designing the new PRV stations. 4.3 This task includes preparing a Preliminary Engineering Report (PER) in accordance with IDAPA 58.01.08 and submitting the PER to the Idaho Department of Environmental Quality for review and approval. Task 5 — Construction Document Preparation and Review 5.1 Develop plans, specifications, cost estimate and bid schedule that meet current design standards and standard specifications of the City and ISPWC. Technical Specifications shall conform to the formatting of the ISPWC. A Traffic Control Plan shall be prepared for work within Victory Road and Ten Mile Road and included in the construction plans. o The contractor will use the plan to assist in obtaining a permit from ACHD. o The contractor will make all necessary revisions to the traffic control as required by ACHD. A preliminary Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and submitted to the City for review and approval. The SWPPP shall be prepared in accordance with the City of Meridian Task Order 10631.a Water Main Extension W. Victory & S_ Ten Mile Rd. Page 3 of 7 Civil Survey Consultants Construction Stormwater Management Program. Engineer shall revise SWPPP as necessary and resubmit. 5.2 Submit five (5) full size copies of plans and two (2) copies of specifications to City Engineering for departmental review and comment. Engineer shall revise plans as necessary and resubmit. 5.3 Submit three (3) full size copies of revised plans and one (1) set of specifications to City Engineering for Development Services and Environmental review. Engineer shall revise plans as necessary and resubmit. 5.4 Submit one (1) full size copy of plans and specifications to ACHD for review and approval. Engineer shall revise plans as necessary and resubmit. Provide one (1) full size and one (1) 11°x17' set of final approved and stamped plans to ACRD. 5.5 Submit three (3) full size copies of plans and specifications to Idaho Department of Environmental Quality for review and approval. Engineer shall revise plans as necessary and resubmit. 5.6 Prepare final construction documents with inclusion of any changes from the review phases and provide the following copies during and after the bidding phase: • Up to ten (10) hard copies of plans and a PDF of plans and specifications for bid and distribution purposes. • Up to five (5) hard copies of plans for contractor's use. Task 6 — Construction Services 6.1 Provide one set of construction stakes for the design improvements. We anticipate that all staking will be completed in four trips to the site. • Stakes shall be provided for the water main at each valve, tee, or bend. An intermediate point will be provided when the distance between stakes is greater than 300 LF. Vertical control will not be provided. • Horizontal and vertical control stakes shall be provided for each PRV vault. • Staking shall be completed within 48 hours when requested in writing by the Contractor. 6.2 Engineer shall attend the pre-bid meeting. Task Order 10631.a Water Main Extension W. Victory & S. Ten Mile Rd, Page 4 of 7 Civil Survey Consultants 6.3 Engineer shall attend the pre -construction meeting. 6.4 Engineer shall answer RFI's from contractor during bidding and construction about the design. 6.5 Engineer shall review material specifications submitted by the Contractor. 6.6 Engineer shall attend onsite meetings at the request of the City. 6.7 Engineer shall prepare record drawings meeting the City of Meridian Acceptance of Record/Electronic Drawings, dated October 25, 2012. ASSUMPTIONS While preparing our scope of services and fee estimate, we have made the following assumptions: • Right-of-way or boundary surveys are not included in this scope of work. • The City shall be responsible for all fees associated with the Bureau of Reclamation and Nampa Meridian Irrigation District Agreements. • An Army Corps of Engineers permit shall not be required for this project. • An Idaho Department of Water Resources permit shall not be required for this project. • Design of a structural roadway section is not included in this scope of work. • Property owner notification is not part of this scope of services except as it relates to the PRV easements. • A geotechnical report for the Overland Road PRV site is not part of this scope of work. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by Aril 2018 and resulting in Final Design being completed by October 2018. A NTP issued on a different date will change the schedule accordingly. Task Order 10631.a Water Main Extension W. Victory & S. Ten Mile Rd. Page 6 of 7 Civil Survey Consultants COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Administration ■ 30 days after completion of construction $1,310.00 2 Surveying and Data Collection ■ September 2018 $17,230.00 3 Crossing Agreements - September 2018 $1,524.00 4 Design Improvements ■ September 2018 $19,566.00 5 Construction Documents P September 2018 $23,944.00 6 Construction Services 30 days after completion of construction $13,323.00 Task Order 10631.a Water Main Extension W. Victory & S. Ten Mile Rd. Page 6 of 7 Civil Survey Consultants CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 2/28/2018 REQUESTING DEPARTMENT Public Works Project Name: Water Main Extension - W. Victory and S. Ten Mile Road Project Manager: Brent Blake Contract Amount: $103,397 Contractor/Consultant/Design Engineer: Civil Survey Consultants/Corey Peacock Is this a change order? Yes ❑ No Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available (Purchasing attach report): Department 3490 Yes ❑� No ❑ Construction ❑ GL Account 96140 FY Budget: 2018 Task Order 0 Project Number: 10631.a Enhancement: Yes 0 No ❑ Professional Service 0 Equipment ❑ Will the project cross fiscal years? Yes ❑ No ❑' Grant ❑ IV. GRANT INFORMATION - to be completed only on Grant funded projects Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP / RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category 2C (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑ No U Date MSA Roster Approved: 3 -Oct -15 Typical Award Yes ❑ No ❑ If no please state circumstances and conclusion: Date Award Posted: N/A 7 day protest period ends: N/A VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status Goodstanding Insurance Certificates Received (Date): 1/10/2018 Expiration Date: 1/4/2019 Rating: A Payment and Performance Bonds Received (Date): N/A Rating: N/A Builders Risk Ins. Req'd: Yes ❑ No Q If yes, has policy been purchased? N/A (Only applicabale for projects above $1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected 0 1 Performance on past projects Check all that apply ❑� Quality of work On Budget P1 On Time Accuracy of Construction Est F/I 2 Qualified Personnel ❑� 3 Availability of personnel M 4 Local of personnel Description of negotiation process and fee evaluation: The Cost of this Task Order was verified with our supervisor and compared to previous type of Task Orders. For example, the design cost for the Lake Hazel/Locust Grove Water Main Extension project. However, unlike the Lake Hazel/Locust Grove Water Main Extension project, this project entails the design and programming of two (2) Pressure Reducing Vaults that adds complexity, and therefore, additional cost. Radek VIII. AWARD INFORMATION Date Submitted to Clerk for Agenda: March 29, 2018 Approval Date By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Fin aI 3/29/2018 Miscellaneous Prlnting Fees , 30 days aflor completion of construction $400.00 Miscellaneous Title Reports . 30 days afler completion of conslructlon $6s0.00 Miscellaneous Bureau of Reclamation Aqreement Fees . 30 days afler completion of conslrustion $450.00 Miscellaneous Contractor Fees Potholing and Monitor Wells . september 20'18 $12,200.00 Miscellaneous Sub-Consultant Fees DC Enqineerins . 30 days after completion of conslruction $12,800.00 The Not-To-Exceed amount to complete all services listed above for this Task Order No. 10631 is One Hundred Three Thousand Three-Hundred Ninety-Seven dollars and 00/100 ($103,397.00). No compensation will be paid over the Not-to-Exceed amount wifitout prior written approval by the City in the form of a Change Order. Any and all travel will only be reimbursed if pre-approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses witl be paid at cost and only if pre-approved by the Project Manager, Any travel and/or reimbursables paid will be paid as part of the Not-To-Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS KEITH K, Treasurer '/''/-l Dated;3 City Project Manager: Brent Blake co Task Order 10631.a Walor Maln Extonslon W. Vlclory & S. Ten Mlle Rd, Civll Suryoy Consultants Pags 6 of7 BY: hf /t/a---' CITY OF MERIDIAN BY: TAM de W E MAYOR Dated: 1 / / �� O Approved by Council: ( / 3 le?d k Task Order 10631.a Water Main Extension W. Victory & S. Ten Mile Rd, Page 7 of 7 Civil Survey Consultants City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 6R Project/File Number: Item Title: AP Invoices for Payment 4/4/18 - $487,421.35 Meetinq Notes 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 ADVANTAGE GEAR 220/Wildland tactical FF pants, qty 3 657.89 01 General Fund AMERICAN MECHANICAL CORP 220/repair sw heating unit, St. 4 162.50 01 General Fund AMERICAN MECHANICAL CORP 220/thermostat tripping, changed air filter that was dirty 137.34 01 General Fund BARBARA HATCH Per Diem, B. Hatch, Idaho Recreation & Park Assoc Conference 178.50 01 General Fund BARGREEN ELLINGSON, INC.Grill Cleaner & Griddle Cleaning Pads for Kleiner Park Grill 77.59 01 General Fund BARGREEN ELLINGSON, INC.Grill Cleaner for Kleiner Park Grill - Qty 2 Cases 116.00 01 General Fund BATTERIES PLUS AA Batteries for Admin and Patrol - Qty 3 Pk 80.64 01 General Fund BELFOR USA GROUP INC 220/repair damage at St. 3 from ruptured water pipe 9,548.94 01 General Fund BERLE STOKES Per Diem, B. Stokes, Pre-Employment Background Investigation 306.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Changed Light Fixture to LED on Pole 78D, 3/14/18 249.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp & Photo Cell on Pole 29337C, 3/14/18 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp & Photo Cell on Pole 40276C, 3/14/18 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098,Replaced Lamp, Ballast, Wire, Fuse Hldr, Fuse-#6156B 371.50 01 General Fund BILL SCHULER Per Diem, W. Schuler, Vision 20/20, Reston VA, 4/8/18-4/11/1 241.50 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/20 collar brass for new recruits 243.43 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/Badges, qty 6 for new recruits 736.81 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/Boots for C. Verkerk - Qty 1 Pair 135.15 01 General Fund BOE - Boise Office Equipment XPN547404, Copies 12/22/17-1/21/18 1,494.28 01 General Fund BOE - Boise Office Equipment XPN547404, Copies for 2/22/18-3/21/18 161.20 01 General Fund BONNEVILLE INDUSTRIAL SUPPLY Ladder rack replacement straps for trucks 14, 8, 17 & 29 qt 75.00 01 General Fund BRAD WARNER Reimburse, B. Warner, Paramedic State Recertification Fee 26.75 01 General Fund BRADY INDUSTRIES, LLC.220/detergent, truckwash, liners, towels - Qty 6 204.23 01 General Fund BRIAN CALDWELL Per Diem, B. Caldwell, Pre-Employment Background Investigati 306.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 2 Tires for Unit # 28 228.65 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/Oil filter,oil,tire rotation MF036 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/Oil, Tire rotation, MF038 52.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Service Invoice Billed in Error (Inv# MER0002798) (551.09) Date: 3/29/18 12:26:43 PM Page: 1Meridian City Council Meeting Agenda April 3, 2018 – Page 266 of 396 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 LOF, Air Filter, Battery for Unit # 165 166.38 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Alignment, Tie Rod Ends for Unit # 44 261.18 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Tires, Rear Brakes & Rotors, Rear Shocks for Unit #153 1,431.53 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Snow Tire Changeover on Truck #16 99.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 139 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 163 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 99 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit# 133 60.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Tire Rotation, Wiper Blades for Lic# C13197 69.71 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Re Key Vehicle for Auction for Unit # 135 569.88 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Service for Unit# 143 Billed in Error, See Cr Inv#MER0002854 551.09 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Snow Tire Changeover on Truck #11 49.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Snow Tire Changeover on Truck #15 49.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Snow Tire Changeover on Truck #30 21.35 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Snow Tire Changeover on Truck #9 24.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Snow Tire Changeover on Truck# 22 49.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tires & Front Shocks for Truck #2 1,417.17 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tires for Mower #8 - Qty 2 60.40 01 General Fund Campbell Tractor Co.997 Mower Maint parts; oil filter, switch qty 3 86.45 01 General Fund Campbell Tractor Co.Hydrofilters for Mower 997 #15 - Qty 2 66.86 01 General Fund Campbell Tractor Co.Nuts & Bolts for 1445 Broom - Qty 6 7.08 01 General Fund CHARLIE BUTTERFIELD Per Diem, C. Butterfield, NFA Course - Executive Development 737.50 01 General Fund CITY OF BOISE - CITY PRINT & MAIL SERVICES Vehicle Impound & Storage Report Forms for PD - Qty 625 192.08 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 18-0084, City Prosecutor/Criminal Legal Services - Mar 2018 29,975.49 01 General Fund COLIN MOSS Per Diem, C. Moss, Idaho Recreation & Park Assoc Conference, 178.50 01 General Fund COTTONWOOD DEVELOPMENT, LLC Refund, Surety-2017-0106, Vicenza No. 3, Release of Irrigati 142,754.92 01 General Fund CROP PRODUCTION SERVICES INC Pre-Emergent (Qty 2000 lbs) & Fertilizer (Qty 8000 lbs)6,200.00 01 General Fund D & B SUPPLY 220/15 pair wildland boots 3,172.35 01 General Fund D & B SUPPLY Credit for Returned Fasteners for Dog Park Equipment - Qty 4 (12.76) 01 General Fund D & B SUPPLY Credit on Shovel Handles - Qty 2, See Orig Inv# 80537 (30.98) 01 General Fund D & B SUPPLY Dog Food & Doggie Doo Bags for K9 Wyatt - Qty 3 90.87 Date: 3/29/18 12:26:43 PM Page: 2Meridian City Council Meeting Agenda April 3, 2018 – Page 267 of 396 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 D & B SUPPLY Dog Food for K9 Arco - Qty 2 Bags 88.18 01 General Fund D & B SUPPLY Dog Food for K9 Randy - Qty 2 Bags 89.98 01 General Fund D & B SUPPLY Fasteners for Mower #15 - Qty 4 2.36 01 General Fund D & B SUPPLY Hose Ends & Fasteners for Hose Repairs - Qty 8 7.04 01 General Fund D & B SUPPLY Shovel Handles - Qty 5 77.45 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO Anchors for ADA Compliance Repairs - Qty 2 23.04 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO Ballast for Settlers Park Lights - Qty 1 38.10 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO Restroom Light Bulbs for Lanark Parks Shop - Qty 30 77.26 01 General Fund FASTENAL COMPANY 220/Hardware for installation of new fitness equip - qty 50 32.97 01 General Fund FEDEX Staff Engineer II Out of State Background 41.83 01 General Fund FIRE EXTINGUISHER CO 220/Annual service on fire ext on apparatus, equip mtnc 493.00 01 General Fund G & R AG PRODUCTS INC Spray Tank Lid & Solenoid - Qty 2 45.74 01 General Fund GALL'S INC.Concealment Holsters for 45's - Qty 5 199.95 01 General Fund GARRETT WHITE Per Diem, G. White, Idaho Recreation & Park Assoc Conference 178.50 01 General Fund GDR INSULATION Boiler room & plumbing repairs 300.00 01 General Fund GLOBAL INDUSTRIAL EQUIPMENT/GLOBAL EQUIPMENT COMPANY Shop Storage Bins for Lanark Parks Shop - Qty 26 64.63 01 General Fund HOME DEPOT CREDIT SERVICES 220/Hardware for installation of new fitness equip - qty 50 53.72 01 General Fund HOME DEPOT CREDIT SERVICES Batteries, WD-40, caulk, hangers, bits, sink set, wood fille 153.61 01 General Fund HOME DEPOT CREDIT SERVICES Duct Sealant, Screws, Flexfit Duct - Qty 4 28.96 01 General Fund HOME DEPOT CREDIT SERVICES HDMI Cable for Patrol Conf Room TV - Qty 1 14.97 01 General Fund HOME DEPOT CREDIT SERVICES Light Bulbs & Caulking Gun - Qty 4 33.91 01 General Fund HOME DEPOT CREDIT SERVICES Painting Tray Sets - Qty 5 54.85 01 General Fund HOME DEPOT CREDIT SERVICES Push Brooms, Rake Handles, Floor Squeege - Qty 20 155.68 01 General Fund HOME DEPOT CREDIT SERVICES Shovel Handles - Qty 2 19.94 01 General Fund HOME DEPOT CREDIT SERVICES Shovel Hangers & Bit - Qty 6 37.22 01 General Fund HRATV Crystal Ritchie SHRM Certification Materials 510.00 01 General Fund HRATV Laura Lee SHRM Certification Study Materials 510.00 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for PH 4/3/18 on Lasken Annex & Lost Rapids Sub 72.52 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for PH 4/5/18 on The Cottages, Wells Sub 62.90 01 General Fund IDAHO STATESMAN Idaho Statesman Statement Close out of Account 135.98 01 General Fund IDAHO TRACTOR, INC Pins & Fasteners for Skidster Cab Repairs - Qty 6 37.05 Date: 3/29/18 12:26:43 PM Page: 3Meridian City Council Meeting Agenda April 3, 2018 – Page 268 of 396 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 IDAHO TRANSPORTATION DEPARTMENT 220/MF026 Special plate registration fee 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT 220/MF027, special plate registration fee 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT 220/MF028 Special plate registration fee 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT 220/MF029 special plate registration fee 23.00 01 General Fund IDASEW, LLC 220/Alterations, apply patches for uniforms, Feb 2018 136.75 01 General Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas March 2018 7,370.67 01 General Fund JAKE GARRO Per Diem, J. Garro, Idaho Recreation & Park Assoc Conference 178.50 01 General Fund JOE BONGIORNO Per Diem, J. Bongiorno, Vision 20/20, Reston VA, 4/8/18-4/11 241.50 01 General Fund KC TOOL SUPPLY CO.SPM-29M Drill bits qty 2 198.00 01 General Fund L.N. CURTIS AND SONS 220/Boots for B. Clapp - Qty 1 Pair 274.98 01 General Fund L.N. CURTIS AND SONS 220/Boots for K. Fedrizzi - Qty 1 Pair 135.00 01 General Fund L.N. CURTIS AND SONS 220/credit for incorrect billing on Inv# INV161662 (468.98) 01 General Fund L.N. CURTIS AND SONS 220/Invoiced Incorrectly, See Credit on Inv# CM9802 468.98 01 General Fund LAURIE MCELROY instructor fee - Yoga 1/9-3/8/18 - qty 81 3,260.00 01 General Fund LAZYBOY FURNITURE GALLERIES 220/recliner for st. 1 BC room 769.98 01 General Fund LCA ARCHITECTS 18-0214, Courthouse Needs Assessment - January 2018 2,120.00 01 General Fund LEGACY FEED & FUEL 220/trouble shoot & estimate to repair saw 35.00 01 General Fund LEVEL 3 COMMUNICATIONS, LLC.Level 3 Communications Telephone, March 2018, 268238-5 1,071.33 01 General Fund LEXIS NEXIS On line legal research - February 2018 118.00 01 General Fund LIFEMED SAFETY, INC 220/CPR program, AED & supplies for Meridian Senior Center 1,663.70 01 General Fund LOBBY IDAHO, LLC 18-0171, Government Relation Services - February 2018 7,000.00 01 General Fund LOBBY IDAHO, LLC 18-0171, Government Relation Services - Jan 2018 7,000.00 01 General Fund MBST LAW Legal Services for Fire Arbitration - February 2018 2,700.00 01 General Fund MBST LAW Legal Services for Fire Arbitration - January 2018 2,240.00 01 General Fund MCDOWELLS SPECIALTY REPAIRS Dent Repair LF Fender Unit # 525 225.00 01 General Fund MERIDIAN TROPHY Name plate for years of service award 8.50 01 General Fund MERIDIAN VETERINARY CLINIC Kennel Sanitizer - Qty 4 Gallons 59.36 01 General Fund MODERN ROOFING Roof repair - clean old caulk around flashing/recaulked CH 336.72 01 General Fund MOORE & ELIA, LLP Legal Services for Courthouse Matter - 12/5/17-2/28/18 11,625.00 Date: 3/29/18 12:26:43 PM Page: 4Meridian City Council Meeting Agenda April 3, 2018 – Page 269 of 396 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 MOTION & FLOW CONTROL PRODUCTS Air Hose Reel Connection Repair Parts - Qty 9 47.46 01 General Fund MOTION & FLOW CONTROL PRODUCTS Drinking Fountain Valve for Lanark Parks Shop - Qty 6 173.59 01 General Fund MOTOROLA Portable Radio Chargers for New Hires FY18 - Qty 7 927.50 01 General Fund NAPA AUTO PARTS 220/MF017, oil - qty 1 qt 4.20 01 General Fund NAPA AUTO PARTS 220/Shop supplies, St 5 lubricant, lamps, squeegee - qty 5 68.89 01 General Fund NORCO 220/Torch tips - qty 2 66.82 01 General Fund NORCO 220/Victor cutting tip - qty 4 133.64 01 General Fund NORCO 220/wheelchair, medical equipment 261.50 01 General Fund OFFICE DEPOT, INC.220/Office planner 10.28 01 General Fund OFFICE DEPOT, INC.220/Pens, Toner - Qty 2 131.82 01 General Fund OFFICE DEPOT, INC.Battery, AAAA, Energizer 3.98 01 General Fund OFFICE DEPOT, INC.Brochure paper for BEST Brochures 10.50 01 General Fund OFFICE DEPOT, INC.Copy Paper - Qty 2 Reams 11.52 01 General Fund OFFICE DEPOT, INC.Copy Paper - Qty 5 Cases 165.75 01 General Fund OFFICE DEPOT, INC.Correction Tape - 2 pk 11.92 01 General Fund OFFICE DEPOT, INC.Logitech Wireless Combo MK (18.21) 01 General Fund OFFICE DEPOT, INC.Mouse, Wrls, Mobile, 3500, BL 14.28 01 General Fund OFFICE DEPOT, INC.Pad, Note, Pot-it 4x6 Yel, Plate Coated 9in, 120pk, Logitech 40.48 01 General Fund OFFICE DEPOT, INC.Pens, Binders, Pencil Sharpener, Highlighter, Dividers-Qty18 113.77 01 General Fund OFFICE DEPOT, INC.Pens, paper, Folders/Hanging files 77.75 01 General Fund OFFICE DEPOT, INC.Spoons & Correction Tape - Qty 5 36.85 01 General Fund OFFICE DEPOT, INC.Waste Basket, Pretzels, Post-Its - Qty 5 21.66 01 General Fund OFFICE TEAM Temp Labor, J. Hale, w/e 3/16/18, 36.25 Hrs -Records Retenti 670.26 01 General Fund OFFICE TEAM Temp Labor, J. Hale, w/e 3/9/18, 31 Hrs -Records Retention 573.19 01 General Fund OFFICE TEAM Temp Labor, R. Hibbard, w/e 3/16/18, 40 Hrs -Permit Tech 994.40 01 General Fund OFFICE TEAM Temp Labor, R. Hibbard, w/e 3/9/18, 40 Hrs -Permit Tech 994.40 01 General Fund OFFICE VALUE - MERIDIAN ADA Accomodation Approved by HR 310.00 01 General Fund OFFICE VALUE - MERIDIAN Credit for M & M's Charged in Error, See Orig Inv# 153622-0 (12.49) 01 General Fund OFFICE VALUE - MERIDIAN Note Pads and Pens for PD - Qty 3 31.12 01 General Fund OFFICE VALUE - MERIDIAN Tape, Air Dusters, Toner, Plates, Forks, Spoons - Qty 17 650.86 01 General Fund ONE SOURCE INDUSTRIES Security Badges for PD - Qty 1 Box of 100 290.88 Date: 3/29/18 12:26:43 PM Page: 5Meridian City Council Meeting Agenda April 3, 2018 – Page 270 of 396 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 OVERHEAD DOOR COMPANY 220/ program garage remote 95.00 01 General Fund OXARC, INC.220/1 medical cylindar, oxygen 12.40 01 General Fund P.O.S.T. ACADEMY 220/Rent track for EVOC driver training, 3/19/18-3/21/18 200.00 01 General Fund PAIGE MECHANICAL GROUP, INC.Replace pump and rebuilt backup in boiler at City Hall 2,546.00 01 General Fund PAIGE MECHANICAL GROUP, INC.Service of Women's Sink Drain at Homecourt, 3/9/18 205.00 01 General Fund PATRICA L BALL Legal Services for Fire Personnel Issue - Feb 2018 352.00 01 General Fund PAUL'S MERIDIAN STINKER Emissions Test on Truck #8 15.00 01 General Fund PAUL'S MERIDIAN STINKER Fuel for City Hall Pool Car, Gray Fusion Lic# C19608 22.78 01 General Fund PAUL'S MERIDIAN STINKER Fuel for Storey Park Gas Cans - Qty 6.7 Gal 16.86 01 General Fund PAUL'S MERIDIAN STINKER Fuel for Truck #17 - Qty 31 Gal 77.49 01 General Fund PAUL'S MERIDIAN STINKER Fuel for Truck #30 - Qty 25.7 Gal 64.29 01 General Fund PAUL'S MERIDIAN STINKER Fuel for Truck #6 & 5-Gallon Can - Qty 25.3 Gal 63.37 01 General Fund PAUL'S MERIDIAN STINKER Unleaded Fuel for Fleet Truck #1 28.75 01 General Fund PAUL'S MERIDIAN STINKER Unleaded Fuel for Fleet Truck #8 68.99 01 General Fund RENEE WHITE Per Diem, R. White, Idaho Recreation & Park Assoc Conference 178.50 01 General Fund RICOH USA, INC C86173707 monthly lease 3/1-31/18 + addt'l pages 705.28 01 General Fund ROCKY MTN TOWING 220/Towing of car for extrication training 280.00 01 General Fund RSM US LLP 17-0338, Fire Dept Labor Analysis, Final Info Rec 3/1/18 4,192.00 01 General Fund SBI CONTRACTING Baby Changers & Installation for Homecourt - Qty 2 535.00 01 General Fund SERTA MATTRESS CO 220/3 mattresses, 3 boxsprings, 3 frames, BC Bedroom St. 1 1,136.00 01 General Fund SHRED-IT USA, LLC.220/Shredding, St. 3 & 5 67.68 01 General Fund SIGNS, ETC 220/Vectorize logo for St. 1 60.00 01 General Fund SIGNS, ETC Lettering on Chev Traverse, Vin# 187700, Lic# C20505 178.00 01 General Fund SIGNS, ETC Replace Vehicle Door Graphics for Unit # 161 1,044.00 01 General Fund SILVER CREEK SUPPLY credit for irrigation supplies - qty 73 (1,281.55) 01 General Fund SILVER CREEK SUPPLY Crimpers, Cutters, Blades for Irrigation - Qty 8 93.73 01 General Fund SPORTSMANS WAREHOUSE Handheld Wind Meters for Spraying - Qty 3 119.97 01 General Fund STERLING CODIFIERS INC Codification Book Update Suppl#50, Ords 17-1751 thru 18-1762 4,854.00 01 General Fund STEVE SIDDOWAY Per Diem, S. Siddoway, Idaho Recreation & Park Assoc Confere 178.50 01 General Fund STRICTLY TECHNOLOGY Kensington BlackBelt 2nd Degree Rugged Case for Surface Pro 35.99 01 General Fund SUNBELT RENTALS Homecourt Manlift Servicing 295.99 01 General Fund SYNCB/AMAZON 220/cell batteries for office - Qty 20 6.90 01 General Fund SYNCB/AMAZON 220/cell phone case, Bongiorno 28.22 Date: 3/29/18 12:26:43 PM Page: 6Meridian City Council Meeting Agenda April 3, 2018 – Page 271 of 396 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 SYNCB/AMAZON 220/Coffee pot for station, furnishings 38.93 01 General Fund SYNCB/AMAZON 220/paper bowls, dishwand - Qty 2 29.72 01 General Fund SYNCB/AMAZON 220/Paper Coffee Cups with Lids - Qty 100 Sets 20.99 01 General Fund SYNCB/AMAZON Qty 20 Mrktg Holders Clear Acrylic 5x7 Sign Holder 51.99 01 General Fund T-ZERS SHIRT SHOP 220/2 backpacks 107.00 01 General Fund T-ZERS SHIRT SHOP 220/print MFD on 18 Wildland FF Brush jackets 81.10 01 General Fund TATES RENTS (GENERAL OFFICE)Lift rent for repairs on 3rd floor lights 155.00 01 General Fund TATES RENTS (GENERAL OFFICE)Propane for Forklift - Qty 4 11.96 01 General Fund THUNDER MOUNTAIN TENT & CANVAS 220/Replace 2 knees & patch on pocket on turnouts for J. Rae 60.00 01 General Fund TYLER ROBERDS Per Diem, T. Roberds, Idaho Recreation & Park Assoc Conferen 178.50 01 General Fund UNIFORMS 2 GEAR Jackets with Patches/Embroidery for J. Pele & I. Ahl - Qty 2 121.88 01 General Fund UNIFORMS 2 GEAR Replacement Armor Vest for Jim Miller - Qty 1 824.80 01 General Fund UNIFORMS 2 GEAR Replacement Nameplate for N. Kotanjian, Error on First Order 12.50 01 General Fund UNIFORMS 2 GEAR Shirt Alterations for A. Herscowitz, N. Kotanjian, C. Lefave 36.00 01 General Fund UNIFORMS 2 GEAR Shirts with Patches/Embroidery for J. Pele & I. Ahl-Qty 4 167.00 01 General Fund UNIFORMS 2 GEAR Uniform Shirt for New Hire - D. Frick 66.75 01 General Fund VICTORY GREENS Lava Rock for Settler parking lot 2 yds 69.90 01 General Fund WEIDNER & ASSOCIATES 220/1 inch female/male adapter 35.13 01 General Fund WEIDNER & ASSOCIATES 220/Class B firefighting foam, equip, all stations - qty 10 1,120.00 01 General Fund WEIDNER & ASSOCIATES 220/equipment repair, control for airbags on tools 325.73 01 General Fund WEIDNER & ASSOCIATES 220/Qty 3, rubber lined hose 1 in by 100 ft 358.55 01 General Fund WHITE, PETERSON, GLGRAY & NICHOLS P.A. Legal Services for Fire Arbitration - 1/2 of Fee, Jan 2018 162.50 01 General Fund WW GRAINGER, INC 220/2 squeegie handles, St. 1 43.66 01 General Fund XEROX CORPORATION - PASADENA BOW-588861 220/Copier Lease 2/18 & Copies 1/31/18-2/28/18 799.54 Total 01 General Fund 284,620.58 07 Impact Fund BONNEVILLE BLUE PRINT SUPPLY Copies of S Meridian Regional Park Blueprints - Qty 120sq ft 43.20 07 Impact Fund ELECTRICAL WHOLESALE SUPPLY CO Electrical Plug for Controller Panel - Qty 4 70.28 07 Impact Fund PREMIER SIGNS 220/2 public hearing notice signs @ St. 6 property 250.00 Date: 3/29/18 12:26:43 PM Page: 7Meridian City Council Meeting Agenda April 3, 2018 – Page 272 of 396 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 07 Impact Fund SILVER CREEK SUPPLY 18-0230, Irrigation Controllers & Hardware for S Mer Reg Par 24,600.78 Total 07 Impact Fund 24,964.26 20 Grant Fund governmental MRN LLC Public Outreach MADC Natural High Ambassador, 6/8, 8/4, 8/24 500.00 Total 20 Grant Fund governmental 500.00 55 Capital Projects HOME DEPOT CREDIT SERVICES Batteries, WD-40, caulk, hangers, bits, sink set, wood fille 4.18 Total 55 Capital Projects 4.18 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC Standard capacity pleated air filter (8 qty)31.44 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0090, MUBS Delinquent Notices 3/12/18 759.90 60 Enterprise Fund BUTTE FENCE, INC Install Gate & Removal of Existing section @ Ustick Reservoi 500.00 60 Enterprise Fund CARRIER CORP Labor to replace actuator in old Lab HVAC 320.00 60 Enterprise Fund COBALT TRUCK EQUIPMENT Matts and bedmat for new vehicle C20519 310.65 60 Enterprise Fund CORE & MAIN LP Angle Check Valve for Stock Qty 3 31.20 60 Enterprise Fund COTTONWOOD DEVELOPMENT, LLC Refund, Surety-2017-0106, Vicenza No. 3, Release of Irrigati 41,359.33 60 Enterprise Fund CUSTOM ELECTRIC INC Relocation of VFD from Well 12 to Well 9 1,500.00 60 Enterprise Fund D & B SUPPLY Coveralls & safety boots for J. Whiton, rain gear (4qty)406.96 60 Enterprise Fund D & B SUPPLY Credit for return of Receiver Hitch Locks Qty 2 (27.98) 60 Enterprise Fund D & B SUPPLY Mineral oil 62.97 60 Enterprise Fund D & B SUPPLY Receiver Hitch Lock Qty 2 27.98 60 Enterprise Fund D & B SUPPLY Sledge Hammer & Flashlight - Qty 2 49.48 60 Enterprise Fund D & B SUPPLY Tool box for new truck, vin# 147459, Lic# C20519 279.99 60 Enterprise Fund D & B SUPPLY Weeder hand tool & scuffe hoe (3 qty)24.97 60 Enterprise Fund DEBRA TREVASKIS Reimb, D. Trevaskis, Safety Boots - Qty 1 Pair 139.99 60 Enterprise Fund DEXTER MWR Flash 4 Adj E Series Alumi Hitch Qty 1 172.44 60 Enterprise Fund DEXTER MWR Flash 6inch Adj E Series A,umi Hitch for Truck Qty 2 340.80 60 Enterprise Fund DEXTER MWR Flash 6inch Adj E Series Alumi Hitch for Truck Qty 1 170.40 60 Enterprise Fund EDGE ANALYTICAL, INC.NPDES Testing 276.00 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.Digestion vessel & disposable watch glass 408.91 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0017 3/4 Accustream & Ipearl Cable Wire Qty 316 30,931.56 Date: 3/29/18 12:26:43 PM Page: 8Meridian City Council Meeting Agenda April 3, 2018 – Page 273 of 396 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 FERGUSON ENTERPRISES INC.8x2 companion flange for stock 160.17 60 Enterprise Fund FERGUSON ENTERPRISES INC.Brass Coupler Qty 2 125.42 60 Enterprise Fund FERGUSON ENTERPRISES INC.Discharge fittings for bypass pump 692.56 60 Enterprise Fund FERGUSON ENTERPRISES INC.Flow Restrictor Nickel Plated 6gpm Qty 4 180.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Parts for bypass pump 1,704.46 60 Enterprise Fund FERGUSON ENTERPRISES INC.PVC parts & pipe to fabricate & install hard piping for pac 92.70 60 Enterprise Fund FERGUSON ENTERPRISES INC.PVC RH Thrd Plug, SWR HUB FEM Adpt Qty 4 18.44 60 Enterprise Fund FERGUSON ENTERPRISES INC.Rec Hole, H2O Ring, Flg Pkg, Ring, CVR Qty 8 732.01 60 Enterprise Fund FERGUSON ENTERPRISES INC.Suction+d/c fitting for bypass pump 377.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Valve Shoe Rep Kit, BRZ Upper VLV, Range Rest Coup Qty 10 4,674.52 60 Enterprise Fund FISHER SCIENTIFIC 10ml pipette tips for operations testing 154.10 60 Enterprise Fund FISHER SCIENTIFIC Potassium sulfate, pipette tips, sodium phosphate &750.78 60 Enterprise Fund FISHER SCIENTIFIC Sodium potassium tartra 233.12 60 Enterprise Fund GIESLER AUTO REPAIR Replace Spark plugs Wires, Repair Coolant Leak C15281 1,126.22 60 Enterprise Fund HACH COMPANY Dust filter pad & LDO calibration cap plus portable meter, 1,855.00 60 Enterprise Fund HAZEL ASPHALT, LLC S.W 7th Service Repair Asphalt Patch 759.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Foil for Painting Prep of Wells Qty 5 27.35 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Paint for safety display plus PVC parts - qty 34 102.79 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Pipe, Tool Caddy, Elbow, Cplg, Hdmi Cable, Adapter, Tools 278.22 60 Enterprise Fund HOME DEPOT CREDIT SERVICES PVC pipe, coupling & union to repair water line at 9.17 60 Enterprise Fund HOME DEPOT CREDIT SERVICES PVC Union Qty 1 9.67 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Return of PVC parts-wrong parts - Qty 33 (72.81) 60 Enterprise Fund HONSINGER LAW 18-0152,18-0303,Water Rights,Legal Services 11/17/17-2/16/18 14,907.86 60 Enterprise Fund IDAHO STATESMAN 52 week subscription Idaho Statesman 4/13/18-4/12/19 PW 182.00 60 Enterprise Fund INNOVYZE 18-0291 InfoMaster Desktop Sewer Floating-InfoCare Renewal, 11,250.00 60 Enterprise Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas March 2018 10,259.98 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Replacement battery for Hyster forklift 124.35 60 Enterprise Fund JARED HALE Per Diem, J. Hale, WEF Collections System Conference, Virgin 206.50 60 Enterprise Fund KATEY JONES Per Diem, K. Jones, NASSCO Conference, San Antonio TX, 4/11/ 224.00 Date: 3/29/18 12:26:43 PM Page: 9Meridian City Council Meeting Agenda April 3, 2018 – Page 274 of 396 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 KATHI BUTTARS Per Diem, K. Buttars, NASSCO Conference, San Antonio TX, 4/1 224.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs-1/1/18-2/28/18, Ten Mile Stor-It-2 sheets 520.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs-1/1/18-2/28/18, Touchmark Villas-6 sheets 1,560.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs-2/1-2/28/18 Hill Cent Farm Ast.Lvg-1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs-2/1-28/18 Fairbourne Sub offsite sewer-1pg 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs-2/1/18-2/28/18 Oxygen Sub1-1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs-2/1/18-2/28/18 Sawtooth Village-1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs-2/1/18-2/28/18 Tree House Lrn Ctr-1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs-2/1/18-2/28/18-Linder & Overlnd Apts-15 pg 3,900.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060-QLPE Svcs-2/1/18-2/28/18 Pond sub-3 sheets 780.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0103,S.Meridian/Linder Sewer Trunk,Design 2/1-2/28/18 3,107.50 60 Enterprise Fund MATERIALS TESTING & INSPECTION WRRF Headworks Upgrades, Inspections 2/5-2/18/18 5,223.60 60 Enterprise Fund McGUIRE BEARING CO Lip seals to repair actuators (2 qty)32.96 60 Enterprise Fund MCMASTER-CARR SUPPLY COMPANY Machine key stock for mounting dial indicator at pump 3 19.11 60 Enterprise Fund MERIDIAN TROPHY Clock for K. Stombaugh for 19 Years of Service 48.02 60 Enterprise Fund METROQUIP, INC.Installation of Diesel Fuel Transfer Tank on Veh Lic# C18965 198.00 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS 8 inch camlock gaskets for bypass pump (2 qty)25.96 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Center Punch, SS Clamps, Qty 6 53.34 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS TBolt Clamp Qty 4 25.42 60 Enterprise Fund MOTION INDUSTRIES, INC Bushings to rebuild mixers 1-4 at digester 4 2,704.90 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0116,Well 28 Water Treatment,Design services thru 2/23/18 10,282.50 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Air hose 18.99 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Band Tool Qty 1 179.03 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Burn pump spray, antibiotic ointment, antiseptic wipes & 20.39 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Insulating resin to rebuild pum 1 & 2 at Whitestone lift 162.90 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Lockout tagout devices 72.00 Date: 3/29/18 12:26:43 PM Page: 10Meridian City Council Meeting Agenda April 3, 2018 – Page 275 of 396 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 MSC INDUSTRIAL SUPPLY CO.Rubber mat for bearing shelft in storage area 69.98 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Sanding disks & drill bit 257.08 60 Enterprise Fund NAPA AUTO PARTS Blue RTV gasket maker 27.96 60 Enterprise Fund NATIONAL ASSOC OF CLEAN WATER AGENCIES Registration, P. Zarate, 2018 Pretreatment & Pollution Preve 850.00 60 Enterprise Fund NATIONAL ASSOC OF CLEAN WATER AGENCIES Registration, S. Maneck, 2018 Pretreatment & Pollution Preve 650.00 60 Enterprise Fund O'REILLY AUTO PARTS Battery cable for bypass pump 8.99 60 Enterprise Fund O'REILLY AUTO PARTS Lock tight for shop 22.99 60 Enterprise Fund OFFICE DEPOT, INC.Copy paper, highlighters, duster, tabs 81.88 60 Enterprise Fund OFFICE DEPOT, INC.Legal Note Pads Qty 5 19.20 60 Enterprise Fund OFFICE DEPOT, INC.Portable Hard Drives Qty 2 119.98 60 Enterprise Fund OFFICE VALUE - MERIDIAN Printer paper, correction tape, steno pads, letter paper 133.20 60 Enterprise Fund PLATT ELECTRIC SUPPLY 3-way switch, stranded copper & 4-way switch to install 527.67 60 Enterprise Fund RED WING SHOES Safety boots for Leslea Basterrechea 123.24 60 Enterprise Fund RIVANNA NATURAL DESIGNS, INC.Environmental Excellance Awards Qty 3 323.50 60 Enterprise Fund RODDA PAINT COMPANY Gallon Paint Stock Qty 1 61.71 60 Enterprise Fund SEAN & JAMIE PEARCE Refund, 1521260402, Wat/Sew/Trash, 2352 N Swainson Ave, Cust 36.03 60 Enterprise Fund SIGNS, ETC 2 banners for PW Expo 160.00 60 Enterprise Fund SIGNS, ETC Reclaim Water Signage Qty 4 109.12 60 Enterprise Fund SILVER CREEK SUPPLY Male x barb fittings for stock plus leaf rakes 28.25 60 Enterprise Fund SILVER CREEK SUPPLY PVC fitting for chem feed pump 0.33 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Rental Road Signs @ Cherry & Golfview PRV Station Qty 29 202.00 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Traffic control for mainline cleaning & CCTV per request 708.00 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Traffic control for warranty mainline cleaning at Ustick & 702.25 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC 80 PVC nipple 6.60 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Flare MNPI Adapter Qty 6 156.51 60 Enterprise Fund SUNROC CORPORATION 3/4 Road Base Qty 33.86 ton 518.60 60 Enterprise Fund SUNROC CORPORATION 3/4inch Washed Rock Qty 16.45 Tons 371.43 60 Enterprise Fund SUNROC CORPORATION Sand Motar Qty 32.99 tons 635.27 60 Enterprise Fund SUNROC CORPORATION Top Soil Qty 18.45 Tons 348.30 60 Enterprise Fund SYNCB/AMAZON Command Hanging Strips Qty 1 29.95 60 Enterprise Fund SYNCB/AMAZON Gel Pens Black, Hand Protectant, Wireless Key board Qty 4 79.28 60 Enterprise Fund SYNCB/AMAZON Inverters to charge labptop & other electronics in vactor & 392.25 60 Enterprise Fund SYNCB/AMAZON Qty 2 Digital voice recorder 148.00 Date: 3/29/18 12:26:43 PM Page: 11Meridian City Council Meeting Agenda April 3, 2018 – Page 276 of 396 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 SYNCB/AMAZON Wall Clock, Lifeproof Phone Case, Kleenex - Qty 3 53.83 60 Enterprise Fund TACOMA SCREW PRODUCTS Eye bolts & eye nuts for shop (5 qty)32.84 60 Enterprise Fund TC SALES & SERVICE Pump casing & strain relief to repair pump 1 - Qty 2 1,882.46 60 Enterprise Fund TONY PARKS Per Diem, T. Parks, WEF Collections System Conference, Virgi 265.50 60 Enterprise Fund TRAVIS KISSIRE Per Diem, T. Kissire, WEF Collections System Conference, Vir 265.50 60 Enterprise Fund USA BLUEBOOK Bushing, Coupling Qty 20 141.40 60 Enterprise Fund USA BLUEBOOK Inverted Paint Blue & Green Qty 3 213.57 60 Enterprise Fund WASTECORP PUMPS LLC Bearing & bolts to repair pump 1, fermentation primary 431.09 60 Enterprise Fund WASTECORP PUMPS LLC Plunger pump shaft, gearbox & bearing to repair pump 1, 4,815.90 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Excavator Rental 2/28/18-3/6/18 for SW 7th Ave Repair 1,111.00 60 Enterprise Fund WW GRAINGER, INC HVAC filters & hose fittings 290.75 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741285 monthly copier lease for Feb 2018 238.75 Total 60 Enterprise Fund 177,332.33 Report Total 487,421.35 Date: 3/29/18 12:26:43 PM Page: 12Meridian City Council Meeting Agenda April 3, 2018 – Page 277 of 396 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 8A Project/File Number: Item Title: Mayor's Youth Advisory Council Participatory Budgeting Proposal and Request Meeting Notes 9 APPROVED The Fix It Proposition Britton Davis, Kourtney McBride, Breanna Worrell, and Connor Burback Why? Increase public bike use Easier and cheaper to buy, repair, or replace than a car Reduce road wear Improve well-being of the public Bikes don’t produce pollution or burn gasoline Great alternative to a second car How do we improve the public use of bicycles in Meridian? Our Project •We want to install bicycle repair stations around Meridian •They include a rack, multiple tools, and a pump •We can install them anywhere •Made with galvanized steel with a thermoplastic coating Places to Install •Near Schools: •Meridian Middle School •Heritage Middle School •Lewis and Clark Middle School •Bicycle Pathways COST Installation ●Must be installed in concrete or cement, not asphalt ●Cement pads are an option, about $300 for each not including labor which could be $65/hr ●Needs a concrete drill, can be rented for $40 a day ●The installation hardware is included Customization and Sponsors ●They are able to be wrapped or covered in stickers ●We can have a company sponsor the cost and we would put logos on them ●Meridian Parks will handle the upkeep on city property Warranty •Dero warranties for 2 years •Air kit is warrantied for temperatures of - 30 to 110 F How is it helpful? ●Bike farther ●Life skills ●Safety Conclusion ●We need a push for bicycle use! ●By eliminating fear of being stranded we hope to improve bicycle use in Meridian. ●Cost Per Station: $1408 ●Please let us move forward with this project! City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 8B Project/File Number: Item Title: Resolution No. 18-2070 SWAC: Trash or Treasure Program Presentation and Request 1. Resolution No. 18-2070: A Resolution Of The Mayor And The City Council Of The City Of Meridian Approving The Solid Waste Advisory Commission's "2018 Trash Or Treasure Event" On May 5 And 6, 2018 And Annually Thereafter; And Providing An Effective Date. LC - lJo Meetina Notes 9 APPROVED CITY OF MERIDIAN RESOLUTION NO. 18-907D BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING THE SOLID WASTE ADVISORY COMMISSION'S "2018 TRASH OR TREASURE EVENT" ON MAY 5 AND 6, 2018 AND ANNUALLY THEREAFTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Solid Waste Advisory Commission (SWAC) is seeking approval to hold its Second Annual 2018 Trash or Treasure Event on May 5 and 6, 2018; and WHEREAS, SWAC is seeking additional approval to continue this Event on a re -occurring annual basis; and WHEREAS, SWAC in its discretion will seek prior additional Mayor and City Council direction and approval for any material and substantial changes to the Event that might develop in the future; WHEREAS, the Mayor and City Council find that the Trash or Treasure Event is worthwhile and deserving to occur annually because its goal and purpose is to divert material otherwise headed to the landfill; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That SWAC's application to hold its 2018 Recycle a Bicycle Event on May 5, 2018 and annually thereafter is approved; and 2018. Section 2: That this resolution shall be effective immediately upon its approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of April, APPROVED by the Mayor of the City of Meridian, Idaho, this S day of April, 2018. RO��TEDA1ja c / Attes eerd, Mayor Cit �r �w C. Coles ity Clerk E INIAjt— 2 IDAHO m SEAL RESOLUTION APPROVING SWAC'S 2018 TRASH OR TREASURE EVENT AND ANNUALLY THEREAFTER PAGE 1 OF 1 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 8C Project/File Number: Item Title: Resolution No. 18-2069 SWAC: Recycle a Bicycle Proposal and Request for Funding 1. Resolution No. 18-2069: A Resolution Of The Mayor And The City Council Of The City Of Meridian Approving A Community Recycling Fund Application For The Solid Waste Advisory Commission To Hold Its "2018 Recycle A Bicycle Event" On May 5, 2018 With Funding Authority Of $500; And Providing An Effective Date. Meetina Notes 9 APPINED CITY OF MERIDIAN RESOLUTION NO. ) a -a 0 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING A COMMUNITY RECYCLING FUND APPLICATION FOR THE SOLID WASTE ADVISORY COMMISSION TO HOLD ITS "2018 RECYCLE A BICYCLE EVENT" ON MAY 5, 2018 WITH FUNDING AUTHORITY OF $500; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Community Recycling Fund Program (CRFP) was established for the purpose of funding projects with money generated from recycling revenue to promote recycling -related projects in the community; and WHEREAS, the Solid Waste Advisory Commission (SWAC) is seeking approval to hold its 2018 Recycle a Bicycle Event on Saturday, May 5, 2018; and WHEREAS, the SWAC is seeking CRFP funding authority of $500 to support the event in order to purchase needed bike parts, slime, and locks to repurpose 32 bikes otherwise destined for the landfill, as more fully set forth in the attached CRFP application; and WHEREAS, the Mayor and City Council find the project to meet the purpose, goals, criteria, and requirements of the CRFP; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That SWAC's application to hold its 2018 Recycle a Bicycle Event on May 5, 2018 is approved; and Section 2. That the Finance Department is authorized to distribute the requested funds according to the procedures set forth in the CRFP; and 2018. Section 3: That this resolution shall be effective immediately upon its approval. ADOPTED by the City Council of the City of Meridian, Idaho, this rl day of April, APPROVED by the Mayor of the City of Meridian, Idaho, this 3VI Iday of April, 2018. Tammy de ; P Mayor RESOLUTION APPROVING SWAGS 2015 �pRATED q\ c, Attest Ej J Coles, DIANA SEAL �, :YCLE EVENT AN NDING AUTHORITY �TREA 1 OF 1 Clerk Revised 02/26/2014 Page 1 of 2 City of Meridian Community Recycling Fund (MCRF) Application This application is to be completed by individuals and organizations applying for funding from the City of Meridian Community Recycling Program Fund. This application must be completed in its entirety. Please use additional sheets of paper if necessary. Applicant Name (individual, organization, company), Address, and Contact Information: Solid Waste Advisory Commission, 33 E Broadway Ave., Meridian ID 83642 Contact Name and Title: Steve Cory, Chair SWAC; Cheryl Caldwell, Commissioner and Chair, Recycle a Bicycle Program; Andrea Pogue, Commissioner and Deputy City Attorney; Email: stcory@q.com ; apogue@meridiancity.org ; ccaldwell333@yahoo.com . 1) Describe the community project you would like to have supported. Provide as much detail as possible including any drawings, designs, and other information that helps to fully explain the project. SWAC voted at its meeting on March 28, 2018 to request from City Council approval to spend up to $500 from the CRFP fund to support its Second Annual Recycle a Bicycle Event. The 2017 launch of this program was a great success and the Commission voted unanimously to hold it again in 2018. The Event is run in conjunction with the City’s Unplug and Be Outside opening day events at Kleiner Park on Saturday, May 5, 2018. 2) Describe how this project will benefit the community and meet the program criteria of the Meridian Community Recycling Fund as outlined in the Community Recycling Fund overview. Bikes are thrown away as trash every day in Meridian. This program saves some bikes from the landfill by repairing them and matching them to individuals in need of a useable bike. Thirty-two (32) pre-registered participants will be fitted to a repurposed bike for their use and ownership. The registration portal and process is run through the Parks & Recreation Department as is advertisement for Recycle a Bicycle as part of their overall marketing for Unplug and Be Outside Event. 3) Describe the recycled content materials to be used including manufacturers information if applicable. Please note: Applicants of construction projects must comply with City building permit requirements. Scrapped bicycles at the Transfer Station.will be repaired and put back in use. Useable parts taken from other scrapped bikes are the main source of parts used to repurpose bikes for this program. The requested CRFP funds are used to buy additional parts, slime, etc. needed to repurpose the bikes, 4) Describe the type and location of recognition signage or other methods of recognition that will be used to acknowledge the financial assistance provided by the Community Recycling Fund, (e.g., plaque, standing sign, etc.), and the location. Submit a draft concept drawing or design for the proposed signage to be used. Please note: Applicants must comply with City sign permitting requirements. The city will provide the successful Meridian City Council Meeting Agenda April 3, 2018 – Page 282 of 396 Revised 02/26/2014 Page 2 of 2 applicant with graphic files of the Meridian Community Recycling Fund logo and slogan to be incorporated into recognition signage and/or materials. CRFP signage will be present at the event. 5) Referring to the MCRF’s Program Criteria and Requirements, Section B.1.f., please describe your project’s funding needs in the appropriate section below: SWAC requests funding approval for up to $500 from the CRFP fund to be spent on this Event in the manner described above. Any extra parts, slime, locks, etc., or money left over at the end of the Event shall be returned to the City via any of the designated SWAC contacts listed on this application. 6) If your project costs exceed $5,000 please provide information sufficient to establish your ability to provide the 50% match in cash funds or donated materials you are required to provide. Not applicable. 7) Provide a proposed time schedule for the project. Saturday, May 5, 2018 from 10 AM- 2PM at Kleiner Park. By signing the applicant represents that (1) he/she has read and understands the MCRF Program and its Project Criteria and Requirements; and (2) if awarded funds, he/she agrees to comply with all of the conditions and requirements related to, but not limited to, permitting, signage, funding, reporting, and project completion. Failure to do so may result in cancellation of project approval and rescission of funds awarded. Signature of Contact Person: /s/ Cheryl Caldwell Date: March 28, 2018 Return to : City of Meridian ATTN. Andrea Pogue 33 E. Broadway, Meridian ID 83642 Meridian City Council Meeting Agenda April 3, 2018 – Page 283 of 396 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 81) Project/File Number: Item Title: SWAC: DOW Chemical "Orange Bag" Program Request for Funding 1. Resolution No. 18-2071: A Resolution Of The Mayor And The City Council Of The City Of Meridian Approving A Community Recycling Fund Application For The Solid Waste Advisory Commission To Pilot A One -Year "Orange Bag Program" For 1,500 Households To Participate On A Voluntary Basis And Funding Authority In An Amount Not To Exceed $12,000; And Providing An Effective Date Meetina Notes U✓ APPROVE D CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING A COMMUNITY RECYCLING FUND APPLICATION FOR THE SOLID WASTE ADVISORY COMMISSION TO PILOT A ONE-YEAR "ORANGE BAG PROGRAM" FOR 1,500 HOUSEHOLDS TO PARTICIPATE ON A VOLUNTARY BASIS AND FUNDING AUTHORITY IN AN AMOUNT NOT TO EXCEED $12,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Community Recycling Fund Program (CRFP) was established for the purpose of funding projects with money generated from recycling revenue to promote recycling -related projects in the community; and WHEREAS, the Solid Waste Advisory Commission (SWAC) is seeking approval to pilot a one-year "Orange Bag Program" as more fully set forth in the attached CRFP Application; and WHEREAS, the SWAC is seeking CRFP funding authority in an amount not to exceed $12,000 in support of this application request; and WHEREAS, the Mayor and City Council find the project meets the purpose, goals, criteria, and requirements of the CRFP; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That SWAC's CRFP Application to pilot its one-year "Orange Bag Program" for 1,500 households to participate on a voluntary basis is approved; and Section 2. That the Finance Department is authorized to distribute the requested funds according to the procedures set forth in the CRFP; and 2018. Section 3: That this resolution shall be effective immediately upon its approval. ADOPTED by the City Council of the City of Meridian, Idaho, this3�_ � day of April, APPROVED by the Mayor City of Meridian, Idaho, this 3rd day of April, 2018. Tammy de WoV, Mayor RESOLUTION APPROVING SWAC'S ONE-YEAR D{tATED g1Jc � GSA Attu , Y of o jD C.J Coles, Uy Clerk IANC SEAL PROGRAM' AND FUNDING AUTHORITY PAGE 1 OF 1 Meridian City Council Meeting Agenda April 3, 2018 – Page 286 of 396 Meridian City Council Meeting Agenda April 3, 2018 – Page 287 of 396 Meridian City Council Meeting Agenda April 3, 2018 – Page 288 of 396 Meridian City Council Meeting Agenda April 3, 2018 – Page 289 of 396 Meridian City Council Meeting Agenda April 3, 2018 – Page 290 of 396 Meridian City Council Meeting Agenda April 3, 2018 – Page 291 of 396 Meridian City Council Meeting Agenda April 3, 2018 – Page 292 of 396 Meridian City Council Meeting Agenda April 3, 2018 – Page 293 of 396 Meridian City Council Meeting Agenda April 3, 2018 – Page 294 of 396 Meridian City Council Meeting Agenda April 3, 2018 – Page 295 of 396 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 8E Project/File Number: Item Title: Public Works: Resolution No. 18-2066: A Resolution Updating the Average Number of Gallons Per Month for Winter Residential Water Use in the City. Meetina Notes CITY OF MERIDIAN RESOLUTION NO. I8-20 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN UPDATING THE AVERAGE NUMBER OF GALLONS PER MONTH FOR WINTER RESIDENTIAL WATER USE IN THE CITY. WHEREAS, the Mayor and City Council previously approved and established the average number of gallons per month for winter residential water use in the city has been set at six thousand five hundred (6,500) gallons; and WHEREAS, this value is established for wastewater utility billing purposes as set forth in Title 9, Chapter 4, Section 24; and WHEREAS, the Public Worlcs Department periodically reviews the established average number of gallons per month for winter residential water use in the city for accuracy; and WHEREAS, the Public Works Department has completed its analysis and reported to City Council that the average number of gallons per month for winter residential water use in the city should be re -set to four thousand, five hundred (4,500) gallons; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the average number of gallons per month for winter residential water use in the city shall be set at four thousand, five hundred (4,500) gallons. 2018. Section 2. That this resolution shall be in full force effective ii PY i L ' , 2018. ADOPTED by the City Council of the City of Meridian, Idaho, this 3rd day of April, APPROVED by the Mayor of the City of Meridian, Idaho, this aA day of April, 2018. / OZATED \ 'C Attd'Stk Mayor JAy Coles, Uy Clerk -� m S �� H 4 Y'�.W �2 SAL TR RESOLUTION UPDATING THE AVERAGE NUMBER OF GALLONS PER MONTH FOR WINTER RESIDENTIAL USE IN THE CITY PAGE 1 OF 1 City Council Meeting April 3, 2018 Item #8G: Lost Rapids – Vicinity/Zoning & Aerial Map Ownership Original Request Proposed Change Conceptual Development Plan for Multi-Family Residential Preliminary Plat Landscape Plan Changes to Agenda: None Item #8F: Lasken Annexation (H-2017-0154) Application(s): Annexation Size of property, existing zoning, and location: This site consists of 0.99 of an acre of land, zoned RUT, located at 721 E. Pine Avenue, in the NE ¼ of Section 7, Township 3 North, Range 1 East. History: None Comprehensive Plan FLUM Designation: MU-C (Mixed-Use Community) Summary of Request: The applicant requests annexation of 0.99 of an acre of land with an R-2 zoning district. The purpose of the annexation request is to hook-up the existing home and outbuildings to City water & sewer service while Pine Ave. is being reconstructed. Staff anticipates this property will develop as part of a larger mixed use project in the future but recommends that the zoning given to the property at this time match existing conditions which is a SFR home. In order to re-develop in the future, this property will need to be rezoned to a commercial or higher density residential district in accord with the FLUM designation. Staff is not recommending a DA is required as a provision of annexation due to the size of the site and because development is not proposed at this time. The Applicant is required to connect to the new sanitary sewer mainline in E. Pine Avenue when it becomes available; City water service is currently being provided. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Tom Lasken ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s):None Key Issue(s) of Discussion by Commission: i. Public outreach to the other Ada County parcels in the area that have the ability to have City services stubbed to their properties (there was none). Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0154, as presented in the staff report for the hearing date of April 3, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0154, as presented during the hearing on April 3, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0154 to the hearing date of April 3, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8G: Lost Rapids – CPAM, AZ, PP, VAR (H-2018-0004) Application(s): Amendment to the Comprehensive Plan FLUM Annexation & Zoning Preliminary Plat Variance Size of property, existing zoning, and location: This site consists of approximately 69 acres of land, zoned RUT in Ada County, located at the SWC of SH 20-26/W. Chinden Blvd. & N. Ten Mile Rd. History: In 2008, an amendment to the Comprehensive Plan FLUM was approved to change the future land use designation on the 14.57 acres of land at the NEC of this site from MDR to MU-C. Comprehensive Plan FLUM Designation: MDR (52 acres) & MU-C (14.57 acres) Summary of Request: The applicant submitted a request for an amendment to the FLUM contained in the Comp Plan to change the land use designation on a combined 78.33 acres of land from MDR (61.83 acres) & the MU-C (16.5 acres) to MU-R. The staff report includes analysis and conditions of approval based on that request. Since the staff report was issued, staff met with the Applicants to discuss the recommended changes to the concept plan, which were fairly substantial, in order to be consistent with the provisions contained in the Comp Plan for the requested MU-R designation. Without these changes, the proposed development plan is more consistent with the Commercial designation. The Applicant communicated to staff they’d prefer to develop the site consistent with the proposed concept plan without significant changes. Therefore, both Staff and the Applicants agreed a Commercial designation is more appropriate for the eastern portion of this site where the commercial & multi- family residential uses are proposed (i.e. the preliminary plat area); the remainder of the site would remain under the current Medium Density Residential designation. The Applicant submitted a letter to the City requesting this change. Staff submitted a memo to the Clerk & the Commission, included in the public record, containing revised conditions of approval based on the proposed change. No changes were proposed to the requested zoning or development plan. Annexation & zoning of 78.33 acres of land with R-15 (39.01 acres), R-40 (6.50 acres), and C-G (32.83 acres) zoning districts is requested consistent with the existing MDR and proposed Commercial FLUM designations. A conceptual development plan was submitted that demonstrates how the site is proposed to develop with a mix of SFR detached & attached age-qualified units at a gross density of 5 to 8 units/acre on the western portion of the site; a very large (168,652+/- s.f.) big box retail building (i.e. Costco) internal to the development; a fuel sales facility for Costco at the NEC of the site; (10) commercial/retail/restaurant/office pad sites adjacent to the state highway and Ten Mile Rd.; and a MFR development consisting of 109+/- townhome- and garden-style units in 9 structures at a gross density of 18-24 units/acre south of the Costco site adjacent to Lost Rapids Dr. with a clubhouse and swimming pool. Conceptual building elevations (photos & renderings) were submitted that demonstrate the general style of development proposed for the site. All structures on the site, except SFR detached, are required to comply with the design standards in the ASM. A preliminary plat is proposed consisting of 1 residential building lot, 13 commercial building lots & 1 other lot for dedication of ROW on 36.2 acres of land in the proposed R-40 and C-G zoning districts. The applicant requests that they be allowed two (2) building permits for the construction of the Costco store and fuel sales facility prior to recordation of the subdivision plat. The Commission recommended approval of this request since they have 2 legal buildable parcels. Access is proposed via (1) access from N. Ten Mile Rd., an arterial street between Lost Rapids & Chinden Blvd.; two (2) accesses via US 20-26/W. Chinden Blvd., a state highway; and two (2) accesses via Lost Rapids Dr., a collector street. New approaches directly accessing a state highway are prohibited; the applicant requests a variance to this standard. ITD submitted a letter to the City stating they will approve the proposed accesses via the state highway w/the improvements and spacing outlines in the letter. The applicant’s narrative states that primary service access for Costco delivery trucks and other local vendors will be from the driveway access via Ten Mile Road. A driveway via Lost Rapids Dr. is also available when access via the traffic signal at Ten Mile/Los t Rapids is needed. A self- imposed restriction is proposed by the applicant for a “no thru truck traffic” sign to be installed between the Tree Farm Way intersection and the Lost Rapids Dr. service driveway access. Improvements to US 20-26/Chinden Blvd. and Ten Mile Road are planned as follows: Phase 1: Chinden is to be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder (1.5 miles); Ten Mile widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals at Black Cat Rd. and Lost Rapids Dr. prior to Costco opening. Phase 2: Chinden widened to 4 lanes from Tree Farm to SH 16 (1.44 miles) within 2 years of Costco opening. In addition, Costco and the other commercial uses and residential units will pay impact fees in excess of $2 million to ACHD for local street system improvements. The ACHD Commission requested that Council require Chinden to be widened to 4 lanes from Tree Farm to SH-16 at the same time as the improvements proposed with Phase 1. (this would require modification to DA provision #1.1b.16. The street sections shown on the plat depict Chinden widened to 4 travel lanes with 2 turn lanes within 140 feet of right-of-way; and N. Ten Mile Road widened to 5 lanes. ITD’s letter states that the westernmost access via US 20-26 (1,160’ west of the US 20-26/Ten Mile intersection) will be allowed as a temporary right-in/right-out/left-in until such time as the highway is widened to 3 lanes in the eastbound direction, then, if not before, it will be limited to right-in/right-out; a 550’ long deceleration lane will be required. The driveway nearest the intersection (545’ east of the previous access and 615’ west of the intersection) will be allowed as a right-in/right-out; a 550’ long deceleration lane (including taper) is required, however, due to the distance restriction between accesses, ITD may allo w for a 10% decrease of the standard requirement. The MFR development will require approval of a CUP in the R-40 zoning district. Commission Recommendation: Approval a. Summary of Commission Public Hearing: i. In favor: Mike Wardle, Brighton Corporation; Brian Whelan (site selector); Peter Kahn, Costco; Andy Daleiden, Principal Engineer, Kittelson & Associates; Don Petersik; Amy Cuhaclyan; Mike Dunlap; Roger Nielson; David Zaremba; Michael Morrette; David Turnbull; Trevor Gasser. ii. In opposition: Tom McNeil; Denise LaFever; Edward Simon; Robert Neufeld; David Reyes; Andrea Carroll (Attorney representing a group of residents in Bainbridge & Spurwing Subdivisions); Ken Marshall; Shelley Lupher; Jane Albert; Robert Friedlein; Sue Fillman; Bob Rock; Megan Rock; Kim Miles; Dirk Minatre; Jerry Stevenson; Terri Dawson; Sally Reynolds; Paige Winter; Kevin Dennison. iii. Commenting: None iv. Written testimony: Mike Wardle, Brighton Corporation; and many letters of testimony (for and against) have been received – see project file for a complete record. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. In favor of a Costco in this location and opinion that they are a good neighbor and will provide great economic opportunities for the City and good paying jobs for area residents; ii. Negative impact of Costco on quality of life (i.e. noise created from delivery trucks, idling of engines at the fuel facility, hours of operation, increased density and intensity of land use) for area residents. iii. Concern related to traffic impacts from the proposed development and access restrictions from the state highway and already heavy traffic on SH-20/26; access constrained location with inadequate ingress/egress access points; unsafe pedestrian connections within the proposed development; lack of safe access for the Keith Bird Legacy Park. iv. Increased noise (i.e. roof top ventilation systems, power equipment used to maintain property, mechanical equipment, loading & unloading delivery trucks, back-up beepers, generators and refrigeration equipment) and air pollution from the site; excessive lighting generated from the site resulting in increased night sky light pollution; generation of hazardous material such as petroleum and contaminants from brake and tire wear which leads to runoff into groundwater; large impermeable surfaces of the parking lots; incompatible architecture of the industrial sized building and adjacent strip malls to the existing neighborhoods. v. Against proposed change to Comprehensive Plan Future Land Use Map from Medium Density Residential; vi. Positive impact to the local economy from having Costco locate here; will also generate business for other retailers/restaurants/services in the area; and will contribute to the balance and what is available for shopping and employment in Meridian. vii. The provision of much needed infrastructure in this area with the approval of this development without having to wait for funding for these improvements (i.e. road widening, intersection improvements, etc.). viii. Opinion that this site isn’t a good fit for a Costco; preference for it to be located at the SH-16/Chinden intersection to the west instead of this property. c. Key Issues of Discussion by Commission: i. The Applicant’s request to change their request for an amendment to the future land use map from all Mixed Use – Regional to the eastern 32.83 acres of the site as Commercial and the remaining area staying Medium Density Residential as is currently; ii. The traffic impact from the proposed development on adjacent streets and SH-20/26; iii. Impact on quality of life for area residents; iv. The location of the fuel facility and staff’s recommendation for it to be shifted from the corner; v. Feeling that the size of buildings allowed in the current MU-C designation (i.e. 30,000 square feet) is a big jump to the proposed Commercial designation which has no size restrictions, which will allow the proposed 168,652 square foot building. d. Commission Change(s) to Staff Recommendation: i. Approved Staff’s recommended changes to the conditions of approval in Exhibit B as noted in the memo to Mayor & Council from Staff dated March 1, 2018. ii. Removed condition #1b which required the fuel facility to be shifted off the corner to the south. e. Outstanding Issue(s) for City Council: i. Staff requests provisions & associated exhibits are added to the DA that require development to comply with the Costco Site Lighting Exhibit is included as exhibit in the DA provision ii. Modification to DA provision #1.1.b.16 to require the widening of SH 20/26 to 4 lanes from Tree Farm to SH-16 with the 1st phase of development if Council deems appropriate concurrent with ACHD’s recommendation. Written Testimony since Commission Hearing: Many letters of testimony have been received since the Commission hearing; see public record for a complete record. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0004, as presented in the staff report for the hearing date of April 3, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0004, as presented during the hearing on April 3, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0004 to the hearing date of April 3, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 8F Project/File Number: H-2017-0154 Item Title: Lasken Annexation Public Hearing for Lasken Annexation (H-2017-0154) by Thomas H. Lasken, Located at 721 E Pine 1. Request: An Annexation and Zoning of 0.99 Acres of Land with an R-2 Zoning District Meetina Notes t�%i "P RO IE CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 3, 2018 Item # Project Number: H-2017-0154 Project Name: Lasken Annexation Please print your name For Against Neutral Do you wish to testify (Y/N STAFF REPORT HEARING DATE: April 3, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Lasken Annexation – H-2017-0154 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Thomas Lasken, has submitted an application for annexation and zoning (AZ) of 0.99 of an acre of land with an R-2 (Low Density Residential) zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with an R-2 zoning district, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard this item on March 1, 2018. At the public hearing, the Commission voted to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Tom Lasken ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Public outreach to the other Ada County parcels in the area the ability to have City services stubbed to their property. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0154 as presented in the staff report for the hearing date of April 3, 2018, with the following modifications: (Add any proposed modifications.) Lasken Annexation H-2017-0154 PAGE 1 Meridian City Council Meeting Agenda April 3, 2018 – Page 300 of 396 Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0154 as presented in the staff report for the hearing date of April 3, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0154 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 721 E. Pine Avenue, in the NE ¼ of Section 7, Township 3 North, Range 1 East. B. Owner/Applicant(s): Thomas H. Lasken 721 E. Pine Ave. Meridian, ID 83642 C. Applicant: Same as owner D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. 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: February 9, 2018 (Commission); March 16, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: February 2, 2018 (Commission); March 12, 2018 (Council) D. Applicant posted notice on site by: February 18, 2018 (Commission); March 23, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is a single-family residential home and associated outbuildings on this site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Pine Avenue and single-family homes in the Danbury Fair Subdivision zoned R-8. 2. East: Single-family residential property, zoned RUT in Ada County 3. South: Single-family residential property, zoned RUT in Ada County 4. West: Single-family residential property, zoned RUT in Ada County C. History of Previous Actions: None D. Utilities: Lasken Annexation H-2017-0154 PAGE 2 Meridian City Council Meeting Agenda April 3, 2018 – Page 301 of 396 1. Public Works: a. Location of sewer: The city owns and maintains a sanitary sewer main along the south boundary of the subject parcel. With the reconstruction of E. Pine Avenue, a new sewer main is being installed across the frontage of the subject parcel. b. Location of water: The city owns and maintains a 10-inch diameter water main along the north boundary of the subject parcel in E. Pine Avenue, and the existing home is currently being served. With the reconstruction of E. Pine Avenue, a new 12-inch diameter water main is being installed across the frontage of the subject parcel. c. Issues or concerns: Applicant shall be required to connect to the new sanitary sewer mainline in E. Pine Avenue when it becomes available. E. Physical Features: 1. Canals/Ditches Irrigation: There are no open waterways on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non- residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted below (Figure 3-3 in the Comprehensive Plan, pg. 27). This site is not proposed to redevelop in the foreseeable future; the use is intended to remain residential. Because the subject property is too small (.99 acres in size) to develop as a true mixed use project, staff recommends an R-2 zoning designation in the interim because the property is anticipated to be used in its current form for a number of years. When the property develops in the future, staff anticipates that this property will be consolidated into Lasken Annexation H-2017-0154 PAGE 3 Meridian City Council Meeting Agenda April 3, 2018 – Page 302 of 396 a larger project that will provide for the uses required to have a true mixed use project, and then the project will meet all of the requirements of a mixed use project. R-2 seems to be the most appropriate zoning designation for the property as it currently exists. At this time, the sole reason for annexation is that the property owner would like to utilize city services since Pine Avenue. Pine Avenue is currently being widened and the applicant would like to utilize this expansion to add a utility connection to his property. At such time as a change in use and/or redevelopment is proposed, the applicant should rezone the property to a commercial or high density residential zoning district to be consistent with the FLUM. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • “Require that development projects have planned for the provision of all public services.” (6.02.01B) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: Sanitary sewer and water service is available to the property. The lands are capable of being serviced by the Meridian Fire Department (MFD). The lands are capable of being serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • “Explore options to annex County parcels that are contiguous with City limits to allow for more efficient provision of City services.” (3.04.01F) The property owner has requested annexation of the subject property into the City. The site is contiguous with City limits and City services will be provided to the property once it is annexed which will allow for the efficient provision of City services. • “Ensure compatibility of schools with neighborhoods and adjacent land uses.” (3.02.01J) The continued residential use of this property is compatible with the residential nature of the neighborhood. • “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Access for this property is provided via E. Pine Avenue. This access will remain as part of this application. With future redevelopment of the property, the direct access to E. Pine Avenue may be restricted. Lasken Annexation H-2017-0154 PAGE 4 Meridian City Council Meeting Agenda April 3, 2018 – Page 303 of 396 VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 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-2 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The existing use of the property for single-family detached dwellings is a principally permitted use in the R-2 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-4 for the R-2 zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION & ZONING (AZ): The Comprehensive Plan Future Land Use Map designation for the property is Mixed-Use Community. The applicant requests annexation to hook-up the existing home and outbuildings to City water and sewer service. This site is comprised of 0.99 of an acre of land zoned RUT in Ada County. The applicant proposes to annex the property with an R-2 zoning district. Staff anticipates this property to be developed as a larger mixed use project but feels that the zoning given to the property should match existing conditions. In order to develop further, this property will need to be rezoned. The applicant is requesting annexation because it is an opportune time to acquire sewer service for the property since Pine Avenue will be reconstructed. Staff recommends the property is zoned R-2 consistent with the existing and continued residential use of the property. When a change in use or redevelopment of the site occurs, the applicant should rezone the property to a commercial or high density district consistent with the FLUM at that time. The City has the ability to require a development agreement but in this case we are not. This parcel is part of a larger mixed used area, the parcel is small and other properties need to be consolidated to develop a well-integrated mixed-use development in the area. City water & sewer service: Applicant shall be required to connect to the new sanitary sewer mainline in E. Pine Avenue when it becomes available. Access: The site currently takes access from E. Pine Avenue; however, upon redevelopment or a change in use of the site, access via Pine shall be prohibited in accord with UDC 11-3A-3A, unless otherwise waived by City Council and approved by ACHD. Staff recommends approval of the proposed AZ application with an R-2 zoning in accord with the comments and conditions listed in Exhibit B. Lasken Annexation H-2017-0154 PAGE 5 Meridian City Council Meeting Agenda April 3, 2018 – Page 304 of 396 X. EXHIBITS A. Drawings 1. Vicinity Map B. Agency Comments 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Annexation Legal Description & Exhibit Map D. Required Findings from Unified Development Code Lasken Annexation H-2017-0154 PAGE 6 Meridian City Council Meeting Agenda April 3, 2018 – Page 305 of 396 Exhibit A.1: Vicinity Map Lasken Annexation H-2017-0154 PAGE 7 Meridian City Council Meeting Agenda April 3, 2018 – Page 306 of 396 Exhibit B: Agency Comments On February 8, 2018, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Republic Services. Staff has included all comments and recommended actions below. 1. PLANNING DIVISION 1.1 The existing house shall hook-up to City water and sewer service within sixty (60) days of the annexation ordinance approval by City Council as set forth in MCC 9-1-4A. 1.2 With redevelopment of this property, access to this property shall be in accord with UDC 11-3A- 3. 2. PUBLIC WORKS DEPARTMENT 2.1 The city owns and maintains a sanitary sewer main along the south boundary of the subject parcel. With the reconstruction of E. Pine Avenue, a new sewer main is being installed across the frontage of the subject parcel. 2.2 The city owns and maintains a 10-inch diameter water main along the north boundary of the subject parcel in E. Pine Avenue, and the existing home is currently being served. With the reconstruction of E. Pine Avenue, a new 12-inch diameter water main is being installed across the frontage of the subject parcel 2.3 Applicant shall be required to connect to the new sanitary sewer mainline in E. Pine Avenue when it becomes available. 2.4 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.5 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.6 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.7 Any and all grading of the site shall be performed in conformance with MCC 11-12-3H. 2.8 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. 3. FIRE DEPARTMENT 3.1 The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department recommends that direct access to S. Locust Grove Road is prohibited. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns with this application. Lasken Annexation H-2017-0154 PAGE 8 Meridian City Council Meeting Agenda April 3, 2018 – Page 307 of 396 6. PARKS DEPARTMENT 6.1 There are no pathways designated for this site. Therefore, the Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 There is no impact fee due for this application and an ACHD inspection is not required. Lasken Annexation H-2017-0154 PAGE 9 Meridian City Council Meeting Agenda April 3, 2018 – Page 308 of 396 Exhibit C: Annexation Legal Description & Exhibit Map Lasken Annexation H-2017-0154 PAGE 10 Meridian City Council Meeting Agenda April 3, 2018 – Page 309 of 396 Lasken Annexation H-2017-0154 PAGE 11 Meridian City Council Meeting Agenda April 3, 2018 – Page 310 of 396 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds that the proposed map amendment to R-2 is generally consistent with the provisions of the Comprehensive Plan noted above in Section VII. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-2 zoning district is generally consistent with the purpose statement of the residential districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider 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 Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds annexing this property with an R-2 zoning district is in the best interest of the City as the property will be able to utilize available City services and it will reduce the enclave areas in this area of the City. Lasken Annexation H-2017-0154 PAGE 12 Meridian City Council Meeting Agenda April 3, 2018 – Page 311 of 396 Meridian City Council April 3, 2018 The state’s still paying reimbursement payments to the developers on both projects; no others have qualified.” Nov 2017, Idaho Statesman TAXPAYERS WILL PAY TO WIDEN CHINDEN “[The Idaho] House Revenue and Taxation Committee expressed concern that the [STAR] plan could eventually eat away part of the sales tax revenue that’s a key part of Idaho’s general fund – which funds everything from schools to health and welfare programs. City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 8G Project/File Number: H-2018-0004 Item Title: Lost Rapids Public Hearing for Lost Rapids (H-2018-0004) By GFI-Meridian Investments II, LLC and Brighton Investments Located at the Southwest Corner of State Highway 20-26 (Chinden Blvd.) and North Ten Mile Road 1. Request: Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on 32.83 acres of land from the Medium Density Residential (16.33 acres) and the Mixed -Use Community (16.50 acres) to Commercial; 2. Request: Annexation & zoning of 78.33 acres of land with R-15 (39.01 acres), R-40 (6.50 acres), and C -G (32.83 acres) zoning districts; 3. Request: Preliminary Plat consisting of 1 residential building lot, 13 commercial building lots and 1 other lot for dedication of right of - way on 36.2 acres of land in the proposed R-40 and C -G zoning districts; and 4. Request: Variance to UDC 11 -3H -4B which prohibits new approaches directly accessing a state highway to allow two (2) accesses via State Highway 20-26 13o a- tDV . AJO Meetina Notes 9 APPROVED 7t, CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 3, 2018 Item # Project Number: Project Name: H-2018-0004 Lost Rapids Please print your name For Against Neutral Do you wish to testify (Y/N) �rl-- I� v�CIS IM L� C 1 1 v �C.� 0_(Arn'1LLG.Qit(<AI'ts J�9� d 1" �c !�) (4 LLJ e -v NA)II d E L 1 = v s o; iv x" k,,-CJ,'f C� (t �vlW " )/Ie C X �y /q of C; cA P- . r . CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 3, 2018 Item # Project Number: Project Name: H-2018-0004 Lost Rapids Please print your name For Against Neutral Do you wish to testify (Y/N) 1C� s4e- '_ R67 I;k&CC X Af C I n 4 -u -e) X Tko �C4(\a bia iw h N/ v DO /V L/ L L L L CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 3, 2018 Item # Project Number: Project Name: H-2018-0004 Lost Rapids Please print your name For Against Neutral Do you wish to testify (Y/N) v.7 c /Lb 3o NX �i L -5 N `4t;zPcudk- �4 L/ u CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 3, 2018 Item # Project Number: Project Name: H-2018-0004 Lost Rapids Please print your name For Against Neutral Do you wish to testify (Y/N) CITY OF���[� 0 �_�,I!�G�9 \7 (f hill Date: April 3, 2018 Item Project Number: H-2018-0004 Project Name: Lost Rapids Please print your name For Against Neutral Do you wish to testify (Y/N) Al Idd - C e't4a,K V, 1A) C� A/ UTY OFEG �i�Y N' UTY COMACK Date: April 3, 2018 Rem B BG Project Number: H-20018-0004 Project Name: Lost Raaids Please print your name For Against Neutral Do you wish to testify (Y/N) C L CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 3, 2018 Item # 8G Project Number: Project Name: H-2018-0004 Lost Rapids Please print your name For Against Neutral' Do you wish to testify (YIN) (�x y L-1 . CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 3, 2018 Item # Project Number: H-2018-0004 Project Name: Lost Rapids Please print your name For Against Neutral Do you wish to testify (YIN) FLUE /�o�J� Bainbridge/Spurwing Neighbors supporting neighbors No HOA - Landlord mentality No voice or support for homeowners Costco is NOT a community partner Those most affected have the least representation We need our leaders to step up Nampa Costco 2012 Lochsa Falls 10 year old boy killed while riding his bicycle Bainbridge Pedestrian Safety Two parks within walking distance Weekend sports events Limited parking Lost Rapids already too narrow Bike paths make it even narrower “No Parking” signs routinely ignored No crosswalks Traffic through Bainbridge Two stop signs for entire subdivision Three potential cut-throughs from Black Cat Swimming pool/park in center of neighborhhod High potential for pedestrian deaths Delivery trucks for Costco and other stores Other Hazards Exhaust emissions from thousands of cars idling 90,000 gallons of fuel stored and delivered Higher crime rates for high density housing Access issues for emergency vehicles Elderly drivers + distracted drivers + shoppers = Why wait for this? Lost Rapids Subdivision MERIDIAN CITY COUNCIL APRIL 3, 2018 DAVID J. REYES - BAINBRIDGE Comprehensive Plan, Future Land Use Map Amendment Bainbridge Map: March 5, 2018 Violates Comprehensive Plan Goals Protect existing residential properties from incompatible land use development on adjacent parcels (3.06.01F) Minimize noise, odor, air and visual pollution in commercial developments adjacent to residential areas (3.06.01B) Amendment Criteria # Criteria Application 1 Consistent with other elements of the CP Large zoning change requested – inconsistent with the comprehensive plan 2 Provides improved guide to future growth/development of the city Does not provide public services, instead provides a “spot zone” for the benefit of the developer 3 Consistent with the goals, objectives and policies of the CP Request ignores the zoning designations and places the surrounding area at risk of uncontrolled commercial development 4 Consistent with the UDC The UDC prohibits direct access to state highways 5 Compatible with existing/planned surrounding land uses Does not provide sufficient transition between medium and low density housing 6 Will not burden existing/planned service capabilities Will degrade traffic, water, sewer and internet services 7 Provides sufficient area to mitigate any anticipated impact associated with the development of the area Will exponentially exacerbate traffic impact 8 Is in the best interest of the city of Meridian Use for this site is too intense for the surrounding neighborhoods – sets bad precedent Prior actions: Future Land Use Map MU-C Janicek Properties: CPA-08-001 Commissioner Hood (Meridian P&Z): ”Further, the UDC specifically prohibits access to State Highway 20-26 … when a change or increase in intensity of use is proposed” “Access to the site should solely be provided from Ten Mile.” ITD – “Further, the proposed access shown onto US 20/26 is inconsistent with the on-going corridor study, ITD Board designated Type IV access control spacing, and city ordinance for spacing on US 20/26. Personal 2015: Relocated from California to Idaho Relief from results of uncontrolled development CP and FLUM were key key elements in decision to settle in Bainbridge Lost Rapids application opens the door to uncontrolled development in North Meridian Request: Deny the Lost Rapids Application Thank you! Lost Rapids Subdivision Traffic Concerns H-2018-0004 Bainbridge Residential Dwellings •There are 458 total residential lots in the Bainbridge Subdivision. Currently there 190 Occupied Houses (42%) and 268 Lots – Under Construction & Future Houses (58%). (Actual physical count on 4/2/18) •Bainbridge Subdivision at full buildout will produce a total volume of 4,333 vehicles per day with a PM peak hour loading of 450 vehicles per hour. (Dobie Engineering Study per ACHD SUBP16-0033) •Bainbridge Subdivision was not on the list of “in- process developments” within the study area. (KA-TIS, page 35). –The vehicle counts referenced in the previous slide were not included in the overall traffic study area. –The Bainbridge Subdivision has three existing and two proposed intersections with the Tree Farm Way / Lost Rapids Street local collector street. However these intersections were not analyzed in the traffic study. Lost Rapids Street •Average daily and peak hour traffic counts were 690 and 30 vehicles, respectively (2/14/18 ACHD) –The above counts include current resident traffic, construction traffic and real estate sales traffic at the builders model homes. –Peak Hour Total Traffic Conditions (TIS, Figures 11 to 13 and 19 to 21) 2018 Costco Alone 2024 Costco Full Buildout Weekday AM Peak Hour 53 132 Weekday PM Peak Hour 114 289 Saturday Mid-day Peak Hour 138 314 Ten Mile Rd. – Proposed Driveway “C” •Proposed to serve as the primary access for Costco delivery trucks and for local vendor delivery trucks (12 to 17 trucks/day) •ACHD Staff Comments / Recommendations –Driveway be approved as a temporary full access driveway –The temporary full access driveway may be restricted in the future as traffic conditions warrant as determined by ACHD Costco Customers & Driveway “C” Drive Route Costco Customers & Driveway “C” •It is estimated that approximately 90% of the Costco Customers traveling on Chinden Blvd. from east of Ten Mile Rd. will turn left at Ten Mile Rd. and then turn right at Driveway “C” into Costco. •This represents over 30% of the total customer trips to the Costco warehouse/fuel facility Ref. 2018 and 2024 Total Peak Hour Trip Assignments for the AM & PM Weekday and Saturday Mid-day (TIS, Figures: 8 – 10 and 16-18) Lost Rapids St. Parking / Bicycle Lanes •Is listed as having partial “On-Street” Parking (TIS Report, Table 3) •From Ten Mile Rd. going west for 350 feet, “No Parking” signs are provided •No signage exist from the Church driveway, westward to where Lost Rapids intersects with Tree Farm Way •When the Multi-Family portion of the site develops, “No Parking” signs will be installed on Lost Rapids St. abutting the site. •No additional signage is proposed from the Multi- Family site westward •Off street parking is provided at the City of Meridian Keith Bird Legacy Park •Unprotected/unbuffered bicycle Lanes are provided along both sides of the road Tree Farm Way Parking / Bicycle Lanes •Unprotected/unbuffered bicycle Lanes are provided along both sides of the road •“No Parking, Bike Lanes” signs are posted on both sides of the road from Chinden Blvd. to Lost Rapids St. Items to be Addressed •The future of the existing Bicycle lanes •Traffic entering/leaving W. Lost Rapids St. at the Tree Farm Way/Lost Rapids St. intersection •Traffic entering/leaving the City of Meridian Keith Bird Legacy Park •Monitoring no thru truck traffic along Tree Farm Way/Lost Rapids Street CITY COUNCIL MEETING April 3, 2018 CITY OF MERIDIAN FUTURE LAND USE MAP MU-C R-8 Parcel Specific – Per Resolution #08-624 Janicek Ten Mile/Chinden Property located SW corner of N Ten Mile & Chinden. To “Potential Buyers” this makes a difference! People Buyer Neighborhoods FROM BRIGHTON’S WEBSITE As of 3/5/18 As of 3/24/18 Why the 'incredibly strong' demand in Ada County's housing market? By Holly Beech hbeech@mymeridianpress.com Aug 16, 2017 Ada County’s housing market broke records this year. Inventory hit the lowest point and prices hit the highest point on record since at least 2004, according to Boise Regional Realtors. In July, there was less than a two-month supply of new and existing homes for sale in Ada County, similar to Canyon County. That means the inventory would dry up after two months without additional listings. A balanced market has four to six months of supply. Homebuilder David Turnbull, owner and CEO of Brighton Corporation, said in his 27 years in construction, he can’t remember seeing such low inventory rates. Inventory of existing homes in Ada and Canyon counties has been down year-over- year for 34 consecutive months, starting October 2014, according to Boise Regional Realtors. "That’s caused an increased demand in the new home market," Turnbull said. “If people aren't putting their existing homes on the market for sale, then it steers people toward new homes.” “I expect continued high demand,” Turnbull with Brighton said. “Whether it will be at the same pace we’re at right now or not, it’s hard to tell. WHAT’S CHANGED SINCE DAVID TURNBULL’s COMMENTS IN AUGUST 2017 February 2018 Market Report March 12, 2018 by Breanna Vanstrom ADA COUNTY HOME PRICES HIT RECORD HIGH AS INVENTORY DROPS TO RECORD LOW NEIGHBORHOODS OFF US 20/26 Rambo Ba i n b r i d g e Spurwing Neighborhoods Irvine Meadows Banbury Castlebury Ashbury Foxtail Bristol Heights Spyglass Spurwing Clubhouse Three Corner FUTURE LAND USE MAP – MIXED USED NOT DEVELOPED/COMMERCIAL Available to Annex CITY OF MERIDIAN ZONING MAP as of 3/5/18 (White areas not annexed.) Loopnet.com Commercial Properties For Sale in Meridian 139 55+/SENIOR LIVING Developments North of I-84 Meadow Lake Village The Cottages of Meridian Touchmark of the Treasure Valley Spring Creek Ustick Assisted Touchmark at Meadow Lake Village Tramore Senior Community Cadence Grace Retirement Community Heritage Grove Quaker Ridge Residential Care James Place at Ashford Greens BeeHive Homes of Meridian Care By Design Meridian Center La Mirada Almost Home Quality Assisted Ten Mile Greens at The Lakes at Cherry Lane BeeHive Homes of Meridian La Playa Manor Ashley ManorVeranda Senior Living Assisted Living and Memory Care BeeHive Homes Trinity Home Living LLC 21 WEST ADA SCHOOL DISTRICT: $14 million, two- year supplemental levy and a $95 milled bond. PASSED The $95 million bond would provide money for an array of construction projects and land acquisitions in the district, including: ▪ $60 million for a new high school near Ustick and McDermott roads. ▪ $16 million for a new elementary school on donated land near the east side of Blackcat Road between Chinden Boulevard and McMillan Road. ▪ $8 million for 20 new classrooms at Mountain View High and the expansion of the school’s cafeteria. ▪ $7 million for 10 new classrooms and other improvements at Star Elementary. ▪ $3 million to buy land for future school sites. ▪ $1 million for four new classrooms and other improvements at Mary McPherson Elementary. PRIVATE SCHOOLS IN THE AREA: Challenger School & The Ambrose School Associated Press January 18, 2018 02:29 PM Idaho’s legislative budget writing committee on Thursday agreed to cover the cost of a $27.5 million drafting error that could have cost the Idaho Transportation Department funding for some road projects 16 cent increase to gas tax passes Senate – 3/26/18 Idaho Statesman House Bill 578 - SALES AND USE TAX – Amends existing law to revise the definition of “retailer engaged in business in this state.” Online sales tax revenue expected to bring in $22M to $37M. (1% of sales tax going to a Congestion Mitigation Fund.) Lawmakers passed a “surplus-eliminator” bill http://itd.idaho.gov/new-revenue/ Two transportation bills were passed into law at the end of the 2017 Idaho Legislative session, giving Idaho Transportation Department (ITD) access to millions of dollars to invest in improving state roads and bridges. The funds from these bills will allow ITD to address the most critical needs for infrastructure. The bills create four revenue streams for transportation funding. First, it authorizes ITD to borrow $300 million in GARVEE bonds. Next, it extends the “surplus eliminator” until 2019, but creates a 60/40 split with state and local transportation agencies. It also includes 1% of sales tax and a portion of the cigarette tax going to a Congestion Mitigation Fund. This makes a total estimated funding of approximately $320 million. STATE IS FUNDING INFRASTRUCTURE Fixed Funding Error $27.5M to ITD Gas Tax Increase 16¢ per Gallon Millions in Surplus Eliminator Funds Online Retailers To Pay Sales & Use Tax Estimated $22M to $37M 1% To Fund Roads SURPLUS ELIMINATOR FUNDING: FUNDED WIDENING: • Locust Grove to Eagle Road - 2021 •Linder Road to Locust Grove – 2022 APPROVED FOR FUNDING: •Star to Linder Road PARTIAL FUNDED - PRE-LIMINARY DEVELOPMENT ENGINEERING WORK: •Locust Grove to Highway 16 •Highway 16 to Star Road 100% Income Producing Property Land Lease Commercial Multi-Family For the Applicants this is just business. For the surrounding property owners this is their home, community , neighborhood & quality of life. . It is clear Brighton & David Turnbull have done wonderful things for the community and have been knocking it out of the park on building Meridian. Great job! Continue knocking it out of the park by developing based on the FLUM R-8 designation which is CONSISTENT with the EXISTING beautiful residential areas. Assist GFI in developing the 15 acres of Mixed Use land in a manner we can all be proud to call our community. Trevor, GFI, work with neighbors as you have done on other projects in the area. Deny the application & co- application and protect the surrounding users’ rights to enjoyment & access of their properties. Let people know the following matters: Comprehensive Plan, Future Use Land Map & Zoning – to prevent new development from interfering with existing users and preserve the “character” of the community. The residential properties were developed first. There was an expectation that this area would be medium density residential (R-8) with a smaller Mixed Use – Community (MU-C) 15 acres or less. Record high prices & low inventory for single family housing. School bonds passed. Mixed Used Land Available elsewhere State is funding infrastructure. Protect the 2040 US 20/26 plan for an Expressway from Eagle to Caldwell. These projects intensity & use just don’t fit with the surrounding uses. Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 1 STAFF REPORT Hearing Date: April 3, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Lost Rapids – CPAM, AZ, PP, VAR (H-2018-0004) Note: Since the staff report was originally issued for this project, the Applicants and Staff met prior to the Commission meeting to discuss the changes recommended by Staff to the conceptual development plan (included in Exhibit B). Staff felt substantial changes were needed in order for the development to be consistent with the proposed MU-R FLUM designation. Without these changes, the proposed development plan was more consistent with the Commercial FLUM designation than the requested MU-R designation. The Applicant’s position was that they’d prefer to develop the site consistent with the proposed concept plan without significant changes. Therefore, both Staff and the Applicants agreed that a Commercial FLUM designation would be more appropriate for the eastern portion of the site where the commercial and multi-family residential uses are proposed (i.e. the preliminary plat area); and the remainder of the site would remain under the current MDR FLUM designation. The applicant submitted a letter to the City requesting this change. The Commission hearing and recommendation was based on the Applicant’s revised request. Staff has revised Section I and Exhibits A, B and D to reflect this change in accord with the Commission’s recommendation; however, staff did not revise the body of the report. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, GFI – Meridian Investments II, LLC and Brighton Investments, has submitted a joint application for the following: Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on a combined 78.33 32.83 acres of land from the Medium Density Residential (61.83 16.33 acres) and the Mixed Use – Community (16.50 acres) to Mixed Use – Regional Commercial. Annexation and zoning of 78.33 acres of land with R-15 (39.01 acres), R-40 (6.50 acres), and C-G (32.83 acres) zoning districts; Preliminary Plat consisting of 1 residential building lot, 13 commercial building lots, and 1 other lot for dedication of right-of-way on 36.2 acres of land in the proposed R-40 and C-G zoning districts; and, Variance to UDC 11-3H-4B.2 which prohibits new approaches directly accessing a state highway to allow two (2) new accesses via US 20-26/W. Chinden Blvd. See Section IX of the staff report for more information. Meridian City Council Meeting Agenda April 3, 2018 – Page 313 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 2 II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, AZ, and PP applications with the recommended changes to the conceptual development plan and conditions of approval noted in Exhibit B; and denial of the proposed VAR application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. Note: The Variance request does not require action from the Commission; City Council is the decision making body. The Meridian Planning & Zoning Commission heard these items on March 1, 2018. At the public hearing, the Commission moved to recommend approval of the subject CPAM, AZ and requests. a. Summary of Commission Public Hearing: i. In favor: Mike Wardle, Brighton Corporation; Brian Whelan (site selector); Peter Kahn, Costco; Andy Daleiden, Principal Engineer, Kittelson & Associates; Don Petersik; Amy Cuhaclyan; Mike Dunlap; Roger Nielson; David Zaremba; Michael Morrette; David Turnbull; Trevor Gasser. ii. In opposition: Tom McNeil; Denise LaFever; Edward Simon; Robert Neufeld; David Reyes; Andrea Carroll (Attorney representing a group of residents in Bainbridge & Spurwing Subdivisions); Ken Marshall; Shelley Lupher; Jane Albert; Robert Friedlein; Sue Fillman; Bob Rock; Megan Rock; Kim Miles; Dirk Minatre; Jerry Stevenson; Terri Dawson; Sally Reynolds; Paige Winter; Kevin Dennison. iii. Commenting: None iv. Written testimony: Mike Wardle, Brighton Corporation; and many letters of testimony (for and against) have been received – see project file for a complete record. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. In favor of a Costco in this location and opinion that they are a good neighbor and will provide great economic opportunities for the City and good paying jobs for area residents; ii. Negative impact of Costco on quality of life (i.e. noise created from delivery trucks, idling of engines at the fuel facility, hours of operation, increased density and intensity of land use) for area residents. iii. Concern related to traffic impacts from the proposed development and access restrictions from the state highway and already heavy traffic on SH-20/26; access constrained location with inadequate ingress/egress access points; unsafe pedestrian connections within the proposed development; lack of safe access for the Keith Bird Legacy Park. iv. Increased noise (i.e. roof top ventilation systems, power equipment used to maintain property, mechanical equipment, loading & unloading delivery trucks, back-up beepers, generators and refrigeration equipment) and air pollution from the site; excessive lighting generated from the site resulting in increased night sky light pollution; generation of hazardous material such as petroleum and contaminants from brake and tire wear which leads to runoff into groundwater; large impermeable surfaces of the parking lots; incompatible architecture of the industrial sized building and adjacent strip malls to the existing neighborhoods. v. Against proposed change to Comprehensive Plan Future Land Use Map from Medium Density Residential; vi. Positive impact to the local economy from having Costco locate here; will also generate business for other retailers/restaurants/services in the area; and will contribute to the balance and what is available for shopping and employment in Meridian. Meridian City Council Meeting Agenda April 3, 2018 – Page 314 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 3 vii. The provision of much needed infrastructure in this area with the approval of this development without having to wait for funding for these improvements (i.e. road widening, intersection improvements, etc.). viii. Opinion that this site isn’t a good fit for a Costco; preference for it to be located at the SH-16/Chinden intersection to the west instead of this property. c. Key Issues of Discussion by Commission: i. The Applicant’s request to change their request for an amendment to the future land use map from all Mixed Use – Regional to the eastern 32.83 acres of the site as Commercial and the remaining area staying Medium Density Residential as is currently; ii. The traffic impact from the proposed development on adjacent streets and SH-20/26; iii. Impact on quality of life for area residents; iv. The location of the fuel facility and staff’s recommendation for it to be shifted from the corner; v. Feeling that the size of buildings allowed in the current MU-C designation (i.e. 30,000 square feet) is a big jump to the proposed Commercial designation which has no size restrictions, which will allow the proposed 168,652 square foot building. d. Commission Change(s) to Staff Recommendation: i. Approved Staff’s recommended changes to the conditions of approval in Exhibit B as noted in the memo to Mayor & Council from Staff dated March 1, 2018. ii. Removed condition #1b which required the fuel facility to be shifted off the corner to the south. e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0004, as presented in the staff report for the hearing date of April 3, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0004, as presented during the hearing on April 3, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0004 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 the southwest corner of US 20-26/W. Chinden Blvd. and N. Ten Mile Rd., in the NE ¼ of Section 27, Township 4N., Range 1W. Parcel No.’s: S0427110011, S0427110023, S0427141803, S0427120611, S0427120916 Meridian City Council Meeting Agenda April 3, 2018 – Page 315 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 4 B. Owner(s): GFI – Meridian Investments II, LLC 74 East 500 South, Ste. 200 Bountiful, UT 84010 Brighton Investments, LLC 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 C. Applicant: GFI – Meridian Investments II, LLC 74 East 500 South, Ste. 200 Bountiful, UT 84010 D. Representative: Kelly Kehrer, KM Engineering, LLP 9233 W. State St. Boise, Idaho 83714 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for an amendment to the Comprehensive Plan Future Land Use Map, Annexation and Zoning, Preliminary Plat and a Variance. A public hearing is required before the Planning & Zoning Commission and City Council on all of these applications except for the Variance, which only requires Council approval, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 9, 2018 (Commission); March 16, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: February 5, 2018 (Commission); March 12, 2018 (City Council) D. Applicant posted notice on site(s) on: February 14, 2018 (Commission); March 21, 2018 (City Council) E. Posted to Next Door: February 5, 2018 (Commission); March 9, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of undeveloped agricultural land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: US 20-26/W. Chinden Blvd. and single-family residential properties in Spurwing Orchard Subdivision and Westwing Estates, zoned R-4, R-8 and R-15 in the City and RUT in Ada County, respectively 2. East: Single-family residential properties in Irvine Subdivision and a rural residential parcel, zoned R-8 in the City and RUT in Ada County, respectively 3. South: Existing and future single-family residential properties in Bainbridge Subdivision and a church, zoned R-8 and L-O, respectively 4. West: Future single-family residential properties in Bainbridge Subdivision, zoned R-8 Meridian City Council Meeting Agenda April 3, 2018 – Page 316 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 5 C. History of Previous Actions: In 2008, an amendment to the Comprehensive Plan Future Land Use Map was approved to change the land use designation on 14.57 acres of land at the northeast corner of the site from Medium Density Residential to Mixed Use - Community (Janicek – Ten Mile/Chinden, CPA-08-001). A conceptual development plan was submitted that showed how the property might develop in the future with a mix of retail [62,988 square feet (s.f.)], retail/office (11,412 s.f.), and multi-family residential (39 units) uses. However, because annexation and zoning was not requested, a development agreement was not required to tie future development to the conceptual development plan. D. Utilities: 1. Public Works: a. Location of sewer: The sanitary sewer main intended to provide service to the subject site currently exists in W. Lost Rapids Drive along the southern boundary. b. Location of water: Water mains intended to provide service to the subject site currently exist in N. Ten Mile Road and in W. Lost Rapids Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Harrell Lateral runs along the eastern portion of the southern boundary of this site and is piped. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS CURRENT LAND USE DESIGNATION(S): Approximately 14.57 acres of the annexation area is designated on the Future Land Use Map as Mixed Use – Community (MU-C) and the remaining 52 acres is designated Medium Density Residential (MDR). MU-C: The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non- residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted below (Figure 3-3 in the Comprehensive Plan, pg. 27). Meridian City Council Meeting Agenda April 3, 2018 – Page 317 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 6 Developments should have a mix of at least 3 land use types [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]; residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential buildings should be proportional to and blend in with adjacent residential buildings; vertically integrated structures are encouraged; supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. MDR: The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). PROPOSED LAND USE DESIGNATION: The applicant proposes an amendment to the FLUM to change the land use designation on a combined 78.33 acres of land from the MDR (61.83 acres) and MU-C (16.50 acres) to the Mixed Use – Regional (MU-R) designation. MU-R: The purpose of the MU-R designation is to provide for a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the developments. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan shown below. Meridian City Council Meeting Agenda April 3, 2018 – Page 318 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 7 TRANSPORTATION: The subject property is located at the southwest corner of N. Ten Mile Road and US 20-26/W. Chinden Blvd. and is two miles east of US-16 and five miles north of Interstate 84 (I- 84). Ten Mile Road, between Chinden and I-84, is improved with two lanes between Chinden and W. Ustick Rd. and five lanes south of W. Ustick Rd. to I-84. A Traffic Impact Study (TIS) was prepared for this development and submitted to the Idaho Transportation Department (ITD) and Ada County Highway District (ACHD) for review. ITD is requiring US 20-26/W. Chinden Blvd. to be widened to 4 lanes between Tree Farm Way and Linder Rd. with a concrete median island; widening is to include construction west of Tree Farm Way to taper the pavement back to a 3-lane section; and installation of conduit with fiber optics the entire length of the widening. A signal is required to be installed at the Black Cat Rd./Chinden intersection in accord with ACHD requirements and should be interconnected with the signals at Tree Farm Way and SH-16. An additional eastbound and westbound thru lane is required as part of the overall US 20- 26/Chinden widening at the Ten Mile/Chinden intersection with the eastbound lane configuration on Chinden to include two thru lanes – one left and one dedicated right turn lane. An additional westbound left turn lane is required with lane configurations on Chinden including one combined thru/right turn lane, one thru lane and two left turn lanes. A STARS agreement is in process for these improvements. The applicant has requested a variance from the City for the proposed accesses via US 20-26/W. Chinden Blvd as the UDC prohibits new accesses via the state highway. Staff is very concerned that these accesses will critically impact the mobility of the SH 20-26/Chinden transportation corridor long term if approved by City Council. No improvements or additional right-of-way (ROW) dedication are proposed or required by ACHD for the existing W. Lost Rapids Drive. A traffic signal at the Lost Rapids/Ten Mile intersection is proposed by the applicant. The applicant proposes to utilize the STAR agreement to widen Ten Mile Road to 5 lanes between Chinden Blvd. and Milano Drive to include bike lanes, planter strips and detached sidewalks, which Meridian City Council Meeting Agenda April 3, 2018 – Page 319 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 8 will require the dedication of an additional 48 feet of ROW from the centerline of Ten Mile Rd. This will move up ACHD’s roadway widening project scheduled for 2022. Conceptual Development Plan: A concept plan (and narrative) was submitted that depicts/describes how this site is proposed to develop with a mix of commercial, retail and office uses and a fuel sales facility at the intersection of US 20-26/Chinden Blvd. and N. Ten Mile Road. A very large box store (168,652+/- square feet) is proposed for Costco Wholesale internal to the development to the south and west of the commercial, retail, office pads; multi-family residential is proposed to the south of the Costco site and west of the commercial pads along Ten Mile Rd.; and single-family attached and detached residential uses are proposed directly west of and abutting the commercial site. GOALS, OBJECTIVES, & ACTION ITEMS: 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) A variety of residential categories are proposed in this development consisting of single- family attached and detached homes, and townhome and garden style apartments. Staff is unaware how “affordable” the units will be. “Coordinate with ACHD, ITD, COMPASS, and other agencies to determine future infrastructure plans, transportation corridors, highway alignments, etc. and allow only compatible adjacent land uses, appropriate site designs and traffic patterns.” (3.06.02H) ACHD, ITD, and COMPASS have all been provided an opportunity to review and comment on the proposed application. ITD and ACHD have both held several additional meetings to review and discuss the proposed application. Agency staffs continue to discuss what “appropriate” and “compatible” site design and traffic patterns entail. Staff recommends the Commission and Council consider any additional comments or conditions that are provided by ACHD, ITD or COMPASS. “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed project would provide additional shopping opportunities for existing and future residents. However, staff is concerned that the concept plan does not provide any pedestrian connections between residential and commercial uses; therefore, staff recommends pedestrian connections are provided. The proposed location is not within a current designated employment area. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There are no existing residential properties that abut this site; the closest residential properties are separated from the site by collector and arterial roadways and associated street buffers. The applicant’s narrative states that no deliveries will take place between the hours of 10:00 pm and 5:00 am; commercial truck deliveries will be restricted away from residential uses; and site lighting will be reduced within one hour of closing and lighting will be designed so that it is 0.0 foot candles at property lines. Note: Many letters of testimony have been received by the City from adjacent property owners in response to the proposed development. Meridian City Council Meeting Agenda April 3, 2018 – Page 320 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 9 “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed Costco Wholesale store will provide grocery as well as other household products in close proximity to residential dwellings; however, the concept plan does not take into account any pedestrian or vehicular interconnectivity between the residential and commercial portions of the development. The plan should be revised to provide for interconnectivity between the uses. “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) City Staff has been coordinating with both the applicant and the transportation agencies (ACHD and ITD) on this project. The proposed project will preserve right-of-way for future US Highway 20/26 widening projects. The applicant is in the process of entering into a STAR agreement with ITD to make some off-site improvements to US 20/26. These improvements would widen the highway to 4-travel lanes and improve impacted intersections in conjunction with ITD’s project to widen the corridor from Eagle Road. The Commission and Council should consider ACHD’s and ITD’s comments when determining appropriate access and circulation for this site. The City has policies limiting access points to arterial roadways and State highways. The submitted site plan shows two direct access points to a State Highway, including one full access, and one access point to Ten Mile Road, an arterial street. Every additional access is a point of conflict that can impact roadway functionality. Costco stores can be busy and congestion at facilities in both Boise and Nampa spill over onto adjacent roadways (none of which are State facilities). Traffic waiting to exit the site at the signal on Cole Road at the Boise facility backs up to the point of blocking vehicles from exiting parking stalls. This slows vehicles entering the site. Staff recommends that site access be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility. “Support land uses that do not harm natural systems and resources.” (3.06.01H) The existing land is farmed and there are no natural systems which remain to be protected. “Except in North Meridian and the Ten Mile Specific Area, where a specific collector system is planned, realize continuous collectors at regular intervals around the north-south and east- west half-mile lines within the undeveloped sections of Meridian's Area of City Impact at the time of new development. Such collectors should be the primary designated bike lane routes in lieu of arterial streets, whenever possible.” (3.03.03E) Lost Rapids is an existing collector roadway that connects into Tree Farm Way to the north, across US 20-26/Chinden Blvd, and extends to the east across Ten Mile Rd into Lochsa Falls Subdivision. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) There are no pedestrian walkways depicted on the concept plan for interconnectivity between the commercial site and the residential portions of the site; the plan should be revised to include pedestrian access connectors. “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) Meridian City Council Meeting Agenda April 3, 2018 – Page 321 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 10 There is only one existing farm access road which bisects the existing farm fields, half-way between Ten Mile Road and Lost Rapids Drive. There are no existing public access points on either the State facility or Ten Mile Road. The entire property has access from an improved collector roadway to the west and south of the site which may act and function as a backage road. “Identify transitional areas to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses.” (3.05.03A) The proposed concept plan does not depict any transitional areas other than landscaping to buffer the residential and commercial uses. The Costco building (and loading area), the most intense commercial use on the site, directly abuts the single-family residential portion of the site. The lower intensity commercial uses (i.e. office and retail pads) are proposed on the periphery of the development adjacent to US 20-26/Chinden Blvd. and N. Ten Mile Rd. instead of as a buffer between the residential and higher intense commercial use (see Exhibit A.3). Staff recommends the concept plan is revised to provide transitional areas as noted, specifically between the Costco building and single-family residential area. The high-density residential area as well as the street buffer and collector street (W. Lost Rapids Dr.) does buffer impacts from the Costco site on the adjacent future single-family residential properties to the south of Lost Rapids. “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Public Works, Police, and Fire were all invited to pre-application and project review meetings for this project. Their comments and conditions, if provided, are included in Exhibit B of this report. “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) This area is planned for some commercial uses and the proposed site plan would expand resident and stakeholder access to closer commercial and retail opportunities. “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed Master Plan included in Exhibit A.3 depicts dense landscaping to buffer the abutting residential uses from the commercial uses. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” (3.01.01B) ACHD was provided with a traffic impact study and has included analysis in their report. The application was forwarded on to partner agencies and other City Departments for analysis of impacts to services; some of their comments are included in Exhibit B. “Adopt land use designations that will allow for housing opportunities for all income levels. (3.07.01D) The adopted future land use designations allow for a variety of housing types that may be attractive to all income levels. The applicant is proposing to annex and zone portions of the Meridian City Council Meeting Agenda April 3, 2018 – Page 322 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 11 site as R-15 (Medium-high Density Residential) and R-40 (High Density Residential).The proposed residential is within the specified area and range described in the Comprehensive Plan, but the overall concept plan lacks many of the mixed use elements necessary for it to be integrated successfully as a mixed use project. See the General Mixed Use text analysis below. “Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) The Communities in Motion (CIM) 2040 Plan identifies US 20/26 as a priority corridor with a typology of expressway. It is currently listed as an “unfunded” priority, though some early improvements are pending. The following is a summary from the CIM US 20/26 Priority Corridor Summary. “As a major mobility highway, US 20/26 is experiencing congestion along much of its length but especially between Linder Road and State Highway 55 (Eagle Road), a stretch with only two travel lanes. US 20/26 has been a regional priority for a number of years but it remains unfunded, causing traffic to divert to other routes such as McMillan Road. In addition to high traffic levels on this road, the intersection with State Highway 55 (Eagle Road) is ranked #2 on ITD’s list of high-accident locations. By 2040, daily traffic between Middleton Road and State Highway 55 is expected to increase substantially. o From Middleton Road to Star Road, traffic is projected to more than double, from 12,000 in 2013 to 30,000 in 2040. o From Star Road to Linder Road, traffic is projected to double, from 14,000 in 2013 to 28,000 in 2040. This would be similar to current traffic on US 20/26 (Chinden Boulevard) in Garden City. o From Linder Road to State Highway 55 (Eagle Road), traffic is projected to increase 80%, from 21,000 in 2013 to 38,000 in 2040. This would be similar to current traffic on Eagle Road north of US 20/26. o Rush hour driving time between Middleton Road and Glenwood Street is expected to more than double, from 25 minutes in 2013 to 60 minutes in 2040.” “Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) With the exception of Chinden Blvd (which is an ITD facility), the arterial and collector roadways shown on ACHD’s street map are already improved or scheduled for widening. “Protect citizen investments in existing public facilities (water, sewer, streets, fire, police, etc.) by encouraging controlled growth through development application reviews and development agreements.” (3.04.01G) The proposed project is surrounded by urban development and would be well served by the City. To ensure public infrastructure is adequate to serve the development and control the timing for said improvements, staff recommends that a development agreement be required with annexation of the project. “Evaluate development proposals based on physical, social, economic, environmental, and aesthetic criteria.” (3.01.01G) The proposed site plan indicates large landscape buffers and generally appealing architectural designs. Off-site impacts such as trucks and lighting are described or shown as being reduced, and the high density residential is on a major transportation corridor. However, it is unclear how the proposed site development furthers inclusive mixed use design elements, or how the proposed FLUM designation and site plan is better for the Meridian City Council Meeting Agenda April 3, 2018 – Page 323 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 12 neighbors and City than a development with more neighborhood and community accessible services. “Restrict private curb cuts and access points on collectors and arterial streets” (3.06.02D) The proposed concept plan and application requests one direct access via N. Ten Mile Road, an arterial street, located approximately half-way between W. Lost Rapids Dr., a collector street, and Chinden Blvd, a State highway and a mobility corridor. Another access is proposed via W. Lost Rapids Dr. along the southern boundary of the site. Local street access is not available for this site. “Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan.” (3.05.01E) Future and existing residential areas are located on the backside of Costco, with the small- scale neighborhood serving type pad sites generally located furthest from existing and proposed neighborhoods. This layout is inconsistent with the intent of Mixed Use designation, Figure 3-5, and the purpose of backage and collector type roadways. “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02L) The proposed high-density residential is near two parks (Keith Bird Legacy and Heroes’ Park) and a major access thoroughfare (US 20-26). “Provide for a wide diversity of housing types (single-family and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The proposed site plan would add to Meridian’s diversity of housing with medium and high density residential uses in close proximity to a major transportation corridor. Staff is unaware if the units will be owner occupied or rentals. “Integrate land use and transportation planning to ensure that they mutually support the communities' goals and desires.” (7.01.01F) City and transportation agencies have met multiple times to discuss the subject project. With some changes to the proposal, staff believes the project could support the communities’ goals and desires. “Coordinate with transportation agencies to ensure provision of services and transit development.” (6.02.02H) The applicant should coordinate with Valley Regional Transit to determine if an ADA bus stop is needed at this location. In reviewing development applications, the following items will be considered in all Mixed Use areas: (Staff’s analysis in italics) • Residential densities should be a minimum of six dwellings/acre. A gross density of 5 to 8 units per acre is anticipated to develop in the R-15 area with 18 to 24 units per acre in the R-40 area. • Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. Meridian City Council Meeting Agenda April 3, 2018 – Page 324 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 13 A mix of mostly single-story attached and detached units are proposed to the west of the commercial area between the collector street (i.e. N. Tree Farm Way/W. Lost Rapids Dr.) and US 20-26/W. Chinden Blvd.; and 2-story townhome style and 3-story garden style apartments are proposed to the south of the commercial area adjacent to the collector street. While this project is adjacent to US 20-26, it is not an “employment center”; Costco is the only store with a regional draw to the development. An employment center in this general area is contemplated for the property located near the northwest corner of W. McMillan and N. Ten Mile Roads; a half-mile south of the proposed development. • A conceptual site plan for the entire mixed-use area should be included in the application. A concept plan was submitted for the entire site with this application; however, the plan does not demonstrate consistency with development goals and objectives of the MU-R designation as submitted. Staff has included recommendations for revisions to the plan that would be consistent with the MU-R designation in Exhibit B as discussed below in Section IX. • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The concept plan for the commercial area does not include any form of common area. Staff recommends the plan is revised to incorporate common usable area within the commercial portion of the development as noted. • The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. There is no existing residential development directly adjacent to the commercial portion of the site. However, single-family and multi-family residential uses are proposed directly adjacent to the commercial portion of the development to the west and south. A dense landscape buffer with berms is depicted on the Master Plan between the uses and is required (see Exhibit A.3). • A mixed-use project should include at least three types of land uses [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case-by-case basis. The proposed concept plan depicts a Costco, future commercial subdivision and two types of residential uses. The application narrative states office uses are part of the development plan but does not specify which lots/pads will contain those uses. A mix of at least three types of land uses is required to be provided. • Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments. None of these types of uses are proposed within this development; however, several of these uses exist in close proximity to this site, as follows: a 7.5 acre City Park (Keith Bird) exists directly across the street (W. Lost Rapids Dr.) to the south; another City Park (Hero’s) exists to the southeast kitty corner to this site across Ten Mile Rd.; schools exists a ½ mile to the east at the southwest corner of Chinden Blvd. and N. Long Lake Way and on Everest Ln., east of Long Lake Way; a fire station exists approximately 2 miles to the south on Ten Mile Rd.; a church exists directly to the south at the southwest corner of Lost Rapids Dr. & Ten Mile Rd.; and an assisted living facility exists 1.5 mile to the east on Chinden Blvd. While these uses/facilities are near the site, they are not integrated into the proposed development as desired. All required open space and amenities are centralized within their Meridian City Council Meeting Agenda April 3, 2018 – Page 325 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 14 respective developments (i.e. the single-family and multi-family portions) without any shared facilities nearer to or within the commercial area. • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. The concept plan does not depict any public and/or quasi-public spaces/places within this development. Staff recommends the plan is revised accordingly to include public and/or quasi-public spaces/places within the development. • All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The overall site is separated from adjacent developments by public streets (i.e. US 20- 26/Chinden, N. Ten Mile Rd., and W. Lost Rapids Dr.) that will provide access to the development. There is no interconnectivity, vehicular or pedestrian, proposed between the single-family residential, multi-family residential and the commercial portions of the site. Staff recommends the plan is revised to include some form of interconnectivity between the residential and commercial portions of the site. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. There is an existing collector street (W. Lost Rapids Dr.) that runs along the southern boundary of the site consistent with the Master Street Map; no other streets are depicted on the Map for this site. In reviewing development applications, the following items will be considered in MU-R areas: • Development should generally comply with the general guidelines for development in all Mixed-Use areas. See analysis above. • Residential uses should comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre. The concept plan depicts 58% (45.5 acres) of the total project area with residential uses. Densities in the single-family portion of the development are anticipated to range from 5- to 8-units/acre with densities in the multi-family portion ranging from 18- to 24-units/acre. • Retail commercial uses should comprise a maximum of 50% of the development area. Retail, commercial and office uses are proposed to comprise 42% (or 32.83 acres) of the development area per the concept plan included in Exhibit A.3 and the applicant’s narrative; therefore, the retail portion alone will be under 50%. • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment users. There are no clean industry or entertainment users proposed at this time; this provision is noted for the office uses. Where the development proposes public and quasi-public uses to support the development, the developer may be eligible for additional area for retail development (beyond the allowed 50%) as provided for on Pg. 31 of the Comprehensive Plan. The concept plan does not include any public and/or quasi-public uses to support the development nor is it discussed in the applicant’s narrative. Staff recommends the plan is Meridian City Council Meeting Agenda April 3, 2018 – Page 326 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 15 revised to include public/quasi-public uses as desired in mixed use and MU-R designated areas. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District(s): 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 (UDC 11-2A-1). 2. The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). Allowed uses in the C-G district are of the largest scale and broadest mix of retail, office, service and light industrial uses and are usually located in close proximity and/or with access to interstate or arterial intersections. B. Schedule of Use: 1. UDC Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed is prohibited. 2. UDC Table 11-2A-8 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-40 zoning district. Any use not explicitly listed is prohibited. 3. UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-G zoning district. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district; UDC Table 11-2A-8 for the R-40 zoning district; and 11-2B-3 for the C-G zoning district. D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in UDC 11-3B-7C. E. Off-Street Parking: NA (not required or reviewed with the subject application) IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: NOTE: A LOT of public testimony has been received in response to this application; please see the public record. A. Comprehensive Plan Map Amendment (CPAM): (Applies to the overall site) An amendment to the Future Land Use Map contained in the Comprehensive Plan is proposed to change the land use designation on a combined 78.33 acres of land from the Medium Density Residential (MDR) (61.83 acres) and the Mixed Use – Community (MU-C) (16.50 acres) to Mixed Use – Regional (MU-R) is requested (see Section VII above and Exhibit A.2). While the property is proposed to be designated entirely MU-R, the concept plan shows two, if not three, distinct separate projects as follows: medium density residential in accord with the current FLUM on the western portion of the site; commercial on the northern portion of the site; and high density residential on the southern portion of the site. There is no pedestrian Meridian City Council Meeting Agenda April 3, 2018 – Page 327 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 16 connectivity between any of these projects and only a driveway access is proposed along the east side of the multi-family project to/from the commercial property via the collector street (W. Lost Rapids Dr.). No integration is shown between the commercial and residential uses, which essentially creates a predominantly single-use development with Costco as the primary anchor with smaller commercial/office uses and separate residential areas, which is not the intent of the MU-R designation. The MU-R diagram in Section VII above depicts a big box retail store transitioning to high density residential or office uses, a local/collector street and then single-family residential uses. This provides a buffer spatially as well as use-wise between the higher intense commercial uses and medium density (single-family) residential uses. The proposed concept plan depicts the most intense commercial use (i.e. the 168,652 square foot Costco building) directly abutting single- family homes with only landscaping as a buffer, which is not a transition in uses and is not consistent with the MU-R designation. The fuel sales facility associated with Costco is proposed at the Chinden/Ten Mile intersection, an entryway corridor into the City, at the northeast corner of the development. Due to the lack of access in the corner of the development, Staff is concerned this will create traffic conflicts and congestion and possibly blockage of drive aisles in and out of the facility at this location. Additionally, staff would like to see a beautification effort in the form of a landscaped design/entryway feature at the corner of the site due to it being an entryway corridor into the City. Traffic circulation within the site as well as entering/exiting the site via Lost Rapids is also likely to be a problem. The driveway access via Lost Rapids leading to/from the commercial portion of the development is only 330’+/- from the centerline of the Ten Mile/Lost Rapids intersection, which will likely create conflicts with vehicles trying to merge into traffic on Lost Rapids with vehicles waiting to get onto Ten Mile at the future signal. The application does not clearly indicate why the City would be better served by an MU-R instead of an MU-C development in this area, other than that the size of the Costco building isn’t allowed in the MU-C designation; or why this project can’t be located within an area already designated MU-R such as closer to the SH-16/US 20-26 intersection. Although the application demonstrates that north Meridian (and all of northern Ada and Canyon counties) is “underserved” and distant from existing Costco sites in Nampa and Boise, it doesn’t explain how the community would be better served by a regional project than a community sized project as currently envisioned for this area. By proposing a Costco with unique traffic and circulation patterns on a smaller commercial portion of a mixed use designated site, connectivity and integration requirements are difficult. To address the above-noted concerns, Staff recommends significant changes are made to the concept plan in order for the development to be consistent with the requested MU-R designation, as follows: Rearrange the site layout so that there is a transition in intensity of uses [e.g. single- family attached/detached residential to multi-family residential to commercial/retail/office to the most intense commercial (i.e. Costco)]. Most intense commercial uses should be located adjacent to the state highway (US 20-26/Chinden) and arterial street (Ten Mile), rather than abutting residential areas, especially low-density residential areas. Shift the fuel sales facility off the corner to the south near the driveway via Ten Mile Rd.; or, to the west near one of the driveways via US 20-26/Chinden Blvd. (if the driveway(s) are approved by Council and ITD). Meridian City Council Meeting Agenda April 3, 2018 – Page 328 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 17 Include a landscaped design/entryway feature at the northeast corner of the site adjacent to the US 20-26/Ten Mile intersection for beautification purposes at the City’s entryway corridor. Shift the driveway access to/from the site via Lost Rapids further to the west away from the Ten Mile/Lost Rapids intersection to alleviate traffic congestion at the intersection. Integrate the commercial with the residential portions of the development through the provision of pathways and/or vehicular connections and changes to the site layout that may include re-positioning of buildings so that the rears of buildings aren’t facing abutting uses. In the commercial/office portion of the development, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. Include supportive and proportional public and/or quasi-public spaces and places as desired in MU-R designated areas (see Comprehensive Plan, page 28). Site access should be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility (i.e. US 20-26). A pedestrian circulation plan should be submitted demonstrating pedestrian interconnectivity within the overall site. Without these changes, staff is of the opinion the proposed development is more consistent with the Commercial (which includes multi-family residential) and existing Medium Density Residential designations than the proposed Mixed Use - Regional designation and should be designated accordingly (see Commercial in the Comprehensive Plan, pages 21-22 for more information). B. Annexation & Zoning (AZ): (Applies to the overall site) Annexation and zoning of 78.33 acres of land with R-15 (39.01 acres), R-40 (6.50 acres), and C- G (32.83 acres) zoning districts is requested consistent with the proposed MU-R FLUM designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Conceptual Development Plan: The applicant has submitted a conceptual development plan, included in Exhibit A.3, which depicts a 168,652 square foot big box (Costco Wholesale) interior to the development; a fuel sales facility at the northeast corner of the site at the intersection of N. Ten Mile Rd. and US 20-26/W. Chinden Blvd.); (10) future commercial, retail, restaurant, professional and office pads located at the northeast corner of the site adjacent to US 20-26/W. Chinden Blvd. and N. Ten Mile Rd.; (6) townhouse-style multi-family structures containing 49+/- units, (3) garden-style multi-family structures containing 60+/- units, and a clubhouse and swimming pool at the southeast boundary of the site adjacent to W. Lost Rapids Dr., south of the Costco site; and single-family attached and detached age-qualified units on the western portion of the site. Conceptual Building Elevations: Conceptual building elevations (photos and renderings) were submitted that depict the general style of development proposed for the single-family attached and detached, multi-family and commercial structures as shown in Exhibit A.7. Except for the Costco Wholesale building, the end-users in the commercial portion of the development are not known at this time; therefore, detailed building elevations will be submitted Meridian City Council Meeting Agenda April 3, 2018 – Page 329 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 18 in the future as each building develops and be reviewed through the design review process. As noted above in Section VII, non-residential buildings should be proportional to and blend in with adjacent residential buildings; future building elevations submitted for design review should demonstrate compliance with this requirement. All structures, except single-family residential detached homes, are required to comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. To ensure compliance, a design Review application is required to be submitted to the Planning Division and approved prior to application for building permits. None of the proposed concept elevations are approved with this application. A Certificate of Zoning Compliance application is also required to be submitted and approved for all new uses on the site, except for single-family residential detached homes, to ensure the use and site design is consistent with UDC standards. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application and in accord with the Comprehensive Plan, staff recommends a DA is required with the annexation containing the provisions included in Exhibit B. Because there are to be two different property owners/developers for this site, staff recommends two separate DA’s are required that contain provisions for each portion of the development area. C. Preliminary Plat (PP): (Only applies to the C-G and R-40 zoned portion of the site – the single- family residential portion of the site is not proposed to be platted at this time.) NOTE: if the concept plan is revised per staff’s recommendation above, this will require modifications to the plat to coincide with the concept plan. The applicant proposes a preliminary plat consisting of (1) residential building lot, (13) commercial building lots, and (1) other lot for dedication of right-of-way on 36.2 acres of land in the proposed R-40 and C-G zoning districts. Although ultimate build-out of this project will be market-driven, the applicant intends to plat the subdivision in one phase. Commercial, retail and office uses are proposed to develop within the C-G zoned portion of the site adjacent to US 20-26/W. Chinden Blvd. and N. Ten Mile Road; housing within the R-40 zoned portion of the site adjacent to W. Lost Rapids Dr. is proposed to consist of townhome and garden style multi-family units with expected densities between 20 and 24 units per acre. The applicant requests that they be allowed two (2) building permits for the construction of the Costco store and fuel sales facility prior to recordation of the subdivision plat. Staff is amenable to this request. Existing Structures: There are no existing structures on this site. Dimensional Standards: The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Tables 11-2B-3 for the C-G zoning district and 11- 2A-8 for the R-40 zoning district. Staff has reviewed the proposed plat and finds that all of the proposed lots comply with the minimum standards. The maximum building height is 65 feet in the C-G district; and 60 feet in the R-40 district. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3 and 11- 3H-4. Access is proposed as discussed in Section VII above per the concept plan in Exhibit A.3. Meridian City Council Meeting Agenda April 3, 2018 – Page 330 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 19 The UDC requires access to be taken from a local street when available; however, there is no local street access available to this site. One (1) access is proposed via N. Ten Mile Rd., an arterial street between Lost Rapids and Chinden Blvd.; two (2) accesses are proposed via US 20- 26/W. Chinden Blvd., a state highway; and two (2) accesses are proposed via Lost Rapids Dr., a collector street. New approaches directly accessing a state highway are prohibited; the applicant requests a variance to this standard (see analysis below in Section D). The applicant’s narrative states that primary service access for Costco delivery trucks and other local vendors will be from the driveway access via Ten Mile Road. A driveway via Lost Rapids Dr. is also available when access via the traffic signal at Ten Mile/Lost Rapids is needed. A self- imposed restriction is proposed by the applicant for a “no thru truck traffic” sign to be installed between the Tree Farm Way intersection and the Lost Rapids Dr. service driveway access. A cross-access/ingress-egress easement and driveways are required to be provided between all of the proposed lots in the subdivision and should be depicted on the plat. Improvements to US 20-26/Chinden Blvd. and Ten Mile Road are planned as follows: Phase 1: Chinden is to be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder (1.5 miles); Ten Mile widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals at Black Cat Rd. and Lost Rapids Dr. prior to Costco opening. Phase 2: Chinden widened to 4 lanes from Tree Farm to SH 16 (1.44 miles) within 2 years of Costco opening. In addition, Costco and the other commercial uses and residential units will pay impact fees in excess of $2 million to ACHD for local street system improvements. The street sections on Sheet C2.0 of the plat included in Exhibit A.4 depict Chinden widened to 4 travel lanes with 2 turn lanes within 140 feet of right-of-way; and N. Ten Mile Road widened to 5 lanes. Traffic Impact Study (TIS): A TIS was prepared for this development and submitted to ITD and ACHD for review with this application. Staff has not yet received comments from ACHD on this application. A letter was received from ITD in response to the TIS, included in Exhibit B.9. The letter states that the westernmost access via US 20-26 (1,160’ west of the US 20-26/Ten Mile intersection) will be allowed as a temporary right-in/right-out/left-in until such time as the highway is widened to 3 lanes in the eastbound direction, then, if not before, it will be limited to right-in/right-out; a 550’ long deceleration lane will be required. The driveway nearest the intersection (545’ east of the previous access and 615’ west of the intersection) will be allowed as a right-in/right-out; a 550’ long deceleration lane (including taper) is required, however, due to the distance restriction between accesses, ITD may allow for a 10% decrease of the standard requirement. Landscaping: Landscaping is required to be provided with development in accord with the standards listed in UDC 11-3B. Street buffers are required to be provided along all streets as set forth in UDC Table 11-2B-3 and landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is required along both US 20-26/W. Chinden Blvd. and N. Ten Mile Rd., both entryway corridors; and a 20- foot wide street buffer is required along W. Lost Rapids Dr., a collector street. Staff recommends the entire street buffer and pathway/sidewalk along N. Ten Mile Road and SH 20-26/W. Chinden Blvd. for the subdivision is constructed with the first phase of development. All commercial street buffers are required to be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners’ association. Meridian City Council Meeting Agenda April 3, 2018 – Page 331 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 20 All residential street buffers are required to be on a common lot maintained by a homeowner’s association. A 25-foot wide buffer to residential uses is required to be provided with development on the C-G zoned portion of the site in accord with the standards listed in UDC 11-3B-9C. The concept plan depicts a buffer with dense landscaping between the commercial and residential portions of the site. The buffers should facilitate pedestrian access from the residential to the commercial development in accord with UDC 11-3B-9C.3. Parking lot landscaping will be required internally within the site in accord with the standards listed in UDC 11-3B-8C with development. Note: Landscaping associated with internal parking areas and residential common areas will be reviewed with future subdivision, Conditional Use Permit and/or Certificate of Zoning Compliance applications; these areas should be shown on the plan in a lighter line type. Open Space & Site Amenities: Qualified open space and site amenities are required to be provided in the multi-family (R-40 zoned) portion of the development (Lot 1, Block 1) in accord with the standards listed in UDC 11-3G-3 and 11-4-3-27C & D. A conditional use permit is required to be submitted for approval of the multi-family development in the R-40 district; compliance with these standards will be evaluated at that time. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Detached sidewalks are required along N. Ten Mile Rd. & US 20-26/W. Chinden Blvd., both arterial streets; and along W. Lost Rapids Dr., a collector Street. Pathways: The UDC (11-3H-4C.4) requires a 10-foot wide multi-use pathway to be constructed in a public use easement within the street buffer along the frontage of this site on US 20-26/W. Chinden Blvd. The applicant should coordinate with Kim Warren, Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for the pathway and the public use easement; the easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. The pathway along US 20-26/W. Chinden Blvd. satisfies the requirement for a detached sidewalk. Waterways: There are no major waterways that cross this site. All ditches that cross this site should be piped as set forth in UDC 11-3A-6. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by Settler’s Irrigation district. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Meridian City Council Meeting Agenda April 3, 2018 – Page 332 of 396 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 21 D. Variance (VAR): (Only applies to the C-G zoned portion of the site adjacent to US 20-26/W. Chinden Blvd.) The applicant requests a variance to UDC 11-3H-4B.2, which prohibits new approaches directly accessing a state highway (i.e. SH 20/26). The applicant requests approval of (2) accesses via US 20-26 as shown on the preliminary plat included in Exhibit A.4. A letter received from ITD dated October 18, 2017, included in Exhibit B, states that they will allow the two (2) proposed accesses via SH 20-26 with the improvements and spacing outlined in the letter. The UDC (11-5B-4) allows requests for a variance for the placement and/or number of access points to state highways. In order to grant a variance, the Council is required to make 3 findings: 1) the variance can’t grant a right or special privilege that isn’t otherwise allowed in the district; 2) the variance relieves an undue hardship because of characteristics of the site; and 3) the variance can’t be detrimental to the public health, safety, and welfare (see Exhibit D). Because staff can’t make all of the required findings listed in Exhibit D, staff is recommending denial of the proposed variance application. In summary, Staff recommends approval of the proposed CPAM and AZ applications with the requirement of a development agreement(s) that includes the provisions listed in Exhibit B with revisions to the concept plan consistent with the MU-R designation; approval of the PP application with the conditions contained in Exhibit B; and denial of the VAR application in accord with the Findings in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed Future Land Use Map (REVISED) 3. Overall Conceptual Development Plan (dated: 1/12/2018) & Master Plan 4. Preliminary Plat (dated: 1/12/2018) 5. Landscape Plan (dated: 1/12/2018) 6. Conceptual Site Plan for Multi-Family Residential & 7. Conceptual Building Elevations (Photos & Renderings) B. Agency and Department Comments and Conditions C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda April 3, 2018 – Page 333 of 396 - 2 - A. Drawings/Other Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda April 3, 2018 – Page 334 of 396 - 3 - Exhibit A.2: Existing & Proposed Future Land Use Map (REVISED) Meridian City Council Meeting Agenda April 3, 2018 – Page 335 of 396 - 4 - Exhibit A.3: Overall Conceptual Development Plan (dated: 1/12/2018) & Master Plan & Pedestrian Circulation Plan Meridian City Council Meeting Agenda April 3, 2018 – Page 336 of 396 - 5 - Meridian City Council Meeting Agenda April 3, 2018 – Page 337 of 396 - 6 - Exhibit A.4: Preliminary Plat (dated: 1/12/18) Meridian City Council Meeting Agenda April 3, 2018 – Page 338 of 396 - 7 - Meridian City Council Meeting Agenda April 3, 2018 – Page 339 of 396 - 8 - Exhibit A.5: Landscape Plan (dated: 1/12/018) Meridian City Council Meeting Agenda April 3, 2018 – Page 340 of 396 - 9 - Meridian City Council Meeting Agenda April 3, 2018 – Page 341 of 396 - 10 - Meridian City Council Meeting Agenda April 3, 2018 – Page 342 of 396 - 11 - Meridian City Council Meeting Agenda April 3, 2018 – Page 343 of 396 - 12 - Exhibit A.6: Conceptual Site Plan for Multi-Family Development (dated: 9/5/2017) Meridian City Council Meeting Agenda April 3, 2018 – Page 344 of 396 - 13 - Exhibit A.7: Conceptual Building Elevations (Photos & Renderings) Meridian City Council Meeting Agenda April 3, 2018 – Page 345 of 396 - 14 - Single-Family Attached/Detached Units: Meridian City Council Meeting Agenda April 3, 2018 – Page 346 of 396 - 15 - Commercial: Meridian City Council Meeting Agenda April 3, 2018 – Page 347 of 396 - 16 - Meridian City Council Meeting Agenda April 3, 2018 – Page 348 of 396 - 17 - Meridian City Council Meeting Agenda April 3, 2018 – Page 349 of 396 - 18 - B. EXHIBIT B - AGENCY AND DEPARTMENT COMMENTS AND CONDITIONS 1. PLANNING DEPARTMENT Staff recommends the conceptual development plans in Exhibit A.3 & A.6 are revised prior to Commission action the City Council hearing on this application to address inconsistencies with development in the MU-R designation as discussed in Sections VII and IX above, as follows: a. Rearrange the site layout so that there is a transition in intensity of uses [e.g. single-family attached/detached residential to multi-family residential to commercial/retail/office to the most intense commercial (i.e. Costco)]. Most intense commercial uses should be located adjacent to the state highway (US 20-26/Chinden) and arterial street (Ten Mile), rather than abutting residential areas, especially low-density residential areas. b. Shift the fuel sales facility off the corner to the south near the driveway via Ten Mile Rd.; or, to the west near one of the driveways via US 20-26/Chinden Blvd. (if the driveway(s) are approved by Council and ITD). c. Include a landscaped design/entryway feature at the northeast corner of the site adjacent to the US 20- 26/Ten Mile intersection for beautification purposes at the City’s entryway corridor. d. Shift the driveway access to/from the site via Lost Rapids further to the west away from the Ten Mile/Lost Rapids intersection to alleviate traffic congestion at the intersection. e. Integrate the commercial with the residential portions of the development through the provision of pathways and/or vehicular connections and changes to the site layout that may include re-positioning of buildings so that the rears of buildings aren’t facing abutting uses. f. In the commercial/office portion of the development, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. g. Include supportive and proportional public and/or quasi-public spaces and places as desired in MU-R designated areas (see Comprehensive Plan, page 28). h. Site access should be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility (i.e. US 20-26). i. A pedestrian circulation plan should be submitted demonstrating pedestrian interconnectivity within the overall site. Submitted (Included in Exhibit A.3) 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer(s). Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA(s). The DA(s) shall be signed by the property owner(s) and returned to the Planning Division within six (6) months of the City Council granting annexation. a. The DA for the property owned by Brighton Corporation (the R-15 zoned property) shall, at minimum, incorporate the following provisions: 1. Future development of this site shall substantially comply with the conceptual development plan and building elevations included in Exhibit A and the conditions included in Exhibit B of the staff report. 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual, as applicable. Meridian City Council Meeting Agenda April 3, 2018 – Page 350 of 396 - 19 - 3. Noise abatement in accord with the standards listed in UDC 11-3H-4D shall be provided for residential uses adjoining US 20-26/W. Chinden Blvd. 4. Qualified open space and site amenities shall be provided within the development in accord with the standards listed in UDC 11-3G-3 for residential developments. 5. Prior to issuance of any building permits on the subject property, the property shall be subdivided. 6. Prior to issuance of the first Certificate of Occupancy within this development, the road widening improvements required by the Idaho Transportation Department associated with this development shall be completed. b. The DA for the property owned by GFI – Meridian Investments II, LLC (the C-G and R-40 zoned property) shall, at minimum, incorporate the following provisions: 1. Future development of this site shall substantially comply with the conceptual development plan, preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and the conditions contained herein. 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 3. A mix of uses at least three types of land uses [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial] shall be provided within this development as proposed. Note: The medium density residential uses on the western portion of the development area included in a separate development agreement will count as one of the land use types (i.e. residential). 4. Up to two (2) building permits for the Costco Wholesale and associated fuel sales facility structures are allowed to be issued on the subject property prior to recordation of the subdivision plat. 5. Prior to issuance of any building permits on this site, a property boundary adjustment application shall be approved and a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the boundary of the preliminary plat. 6. Provide a detached 10-foot wide multi-use pathway within the street buffer along US 20-26/W. Chinden Blvd. as set forth in UDC 11-3H-4C.4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division prior to submittal of the final plat for City Engineer signature and will be subsequently approved by City Council and recorded. The applicant shall coordinate with Kim Warren, Park’s Department Pathways Project Manager (208- 888-3579), regarding specifications for the pathway and easement. 7. The street buffer landscaping and multi-use pathway/sidewalk along the entire frontage of US 20- 26/Chinden Blvd. and N. Ten Mile Road shall be constructed with the first phase of development. 8. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4. 9. Qualified open space and site amenities shall be provided within the multi-family portion of the development in accord with the standards listed in UDC 11-3G-3 for residential developments and 11-4-3-27 for multi-family developments. 10. A conditional use permit is required for a multi-family development in the R-40 zoning district as set forth in UDC Table 11-2A-2; compliance with the specific use standards listed in UDC 11-4- 3-27, Multi-Family Development, is required. Meridian City Council Meeting Agenda April 3, 2018 – Page 351 of 396 - 20 - 11. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the commercial portion of the development to the residential uses as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-9C. 12. A maximum gross density of 24 residential units per acre is allowed to develop within the multi- family residential portion this site. 13. As committed to by the Applicant/Developer in response to neighborhood concerns, the following restrictions shall apply: a. The primary service access for Costco delivery trucks and other local vendors shall be from the driveway access via N. Ten Mile Road, approximately 660 feet north of W. Lost Rapids Drive. The driveway access via W. Lost Rapids Drive driveway, approximately 350 feet west of N. Ten Mile Road, may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. Businesses within the development shall notify their delivery providers of this access preference. b. A “no thru truck traffic” sign shall be installed between the N. Tree Farm Way intersection and the W. Lost Rapids Dr. service driveway access. c. No deliveries shall take place for Costco between the hours of 10:00 pm and 5:00 am. d. Parking lot lighting shall be designed for 0.0 foot-candles at the property line in accord with UDC 11-3A-11C. e. Lighting on the site shall be reduced to the level necessary only for public safety and security purposes within one (1) hour of closing. 14. The Applicant/Developer shall coordinate with Valley Ride Transportation (VRT) to determine if an ADA bus stop is needed on this site; written documentation from VRT should be submitted. 15. Prior to issuance of the first Certificate of Occupancy within this development, the following improvements shall be completed: SH 20-26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder (1.5 miles); N. Ten Mile Rd. shall be widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr. 16. Within two (2) years of issuance of the Certificate of Occupancy for the Costco Wholesale building, SH 20-26/W. Chinden Blvd. shall be widened to four (4) lanes from N. Tree Farm Way to SH-16 (1.44 miles). 1.2 Site Specific Conditions – Preliminary Plat 1.2.1 The preliminary plat included in Exhibit A.4, dated 1/12/2018, shall be revised as follows: a. Depict a cross-access/ingress-egress easement between all lots within the subdivision. b. Note #5: “Lot 14 15 is a non-buildable lot . . .” c. Under Preliminary Plat Data, Zoning, Proposed Zoning, C-G (Lots 2-1415) d. Depict the street buffers within the residential (R-40 zoned) portion of the development within a common lot maintained by the homeowner’s association; and the commercial (C-G zoned) portion of the development within a common lot or on a permanent dedicated buffer maintained by the property owner or business owners’ association in accord with UDC 11 -3B-7C.2. 1.2.2 The landscape plan included in Exhibit A.5, dated 1/12/2018, shall be revised as follows: a. All internal landscaping and the site plan should be shown in a lighter line type; only street buffer improvements should be shown. Meridian City Council Meeting Agenda April 3, 2018 – Page 352 of 396 - 21 - 1.2.3 The entire street buffer and pathway/sidewalk along N. Ten Mile Road and US 20-26/W. Chinden Blvd. shall be constructed with the first phase of development. 1.2.4 The applicant shall coordinate with Valley Regional Transit to determine if an ADA bus stop is needed at this location. 1.2.5 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.3 General Conditions of Approval – Preliminary Plat 1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 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 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 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 all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B- 8C, and Chapter 3 Article C. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C (streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.3.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7. 1.4 Ongoing Conditions of Approval – Preliminary Plat 1.4.1 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. Meridian City Council Meeting Agenda April 3, 2018 – Page 353 of 396 - 22 - 1.5 Process Conditions of Approval – Preliminary Plat 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 applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit applications for the single-family attached, multi-family and commercial structures. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The 12-inch diameter water main in N. Ten Mile Road will need to be extended north to the point where it changes direction and enters the site. From that transition point into the site, the mainline size shall drop down to an 8-inch diameter. This project will be served from water pressure zone 2. The existing water mainline stub into the property west of the PRV located in W. Lost Rapids shall either be abandoned per meridian Public Works standards, or preserved as an emergency interconnect between pressure zone 1 and 2. 2.1.2 The conceptual engineering submitted with this application do not show any of the proposed routing of sanitary sewer or water through the multi-family portion of the development. Applicant shall be required to complete a looped system through the area to connect to the mainline along the back of Costco. 2.1.3 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but 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 Meridian City Council Meeting Agenda April 3, 2018 – Page 354 of 396 - 23 - 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 o r laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. Meridian City Council Meeting Agenda April 3, 2018 – Page 355 of 396 - 24 - 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to 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 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 Pedestrian connectivity should be provided between the residential developments and the commercial development. 3.2 Security and safety lighting should be provided within the multi-family portion of the development on all the micro pathways between the buildings and to the parking lots and open space/play areas. 3.3 The loading dock area for the Costco shall be screened for both sight and sound; or, enclosed. 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 a Storz LDH connection in place of the the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. Meridian City Council Meeting Agenda April 3, 2018 – Page 356 of 396 - 25 - 4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 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. 4.7 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.8 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. 4.9 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.10 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1 and Meridian Amendment 10-4-1. 4.12 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 and Meridian Amendment 104-4-1. 4.13 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.15 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-1. 4.16 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. 4.17 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.18 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 4.19 COMMERCIAL AND INDUSTRIAL - 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. Meridian City Council Meeting Agenda April 3, 2018 – Page 357 of 396 - 26 - 4.20 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses as set forth in International Fire Code Appendix D104.2. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road and all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4.21 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inch (60”) wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 5. REPUBLIC SERVICES 5.1 Please coordinate trash enclosure design and locations with Bob Olson, Republic Services (208-345-1265 office, or 208-371-1745 cell; or, email: ROlson@republicservices.com ) prior to submittal of a Certificate of Zoning Compliance application. Also, provide provisions for recycling. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application at this time. 7. COMMUNITY DEVELOPMENT DEPARTMENT - COMPREHENSIVE PLANNING DIVISION COMMENTS Comprehensive Plan Analysis The following analysis for the Lost Rapids application is based on adherence of the proposed site concept plan and narrative with the City of Meridian Comprehensive Plan. Included are general comments and analysis based on the text and policy statements of the Comprehensive Plan. General Comments: The subject property is located on the southwest corner of Ten Mile Road and Chinden Blvd (US-20/26), is 2-miles east of US-16, and 5-miles north of Interstate 84. Ten Mile Road, between Chinden and I-84, is improved with 2-lanes between Chinden and Ustick and 5-lanes south of Ustick to I-84. The future land use designations for the subject site are Medium Density Residential and Mixed Use Community. These two land uses allow for and encourage a transition of residential densities with supportive commercial opportunities. The application proposes changing the Medium Density Residential and Mixed Use Community future land use designation to the Mixed Use Regional designation for all 70 acres. While the property is proposed to be mixed use regional, the conceptual site plan shows two distinct, separate projects. One is medium density residential (west side), as the Future Land Use Map currently shows and allows, and the other is commercial with some high density residential (north and south respectively). There are no connections made between these two projects, either pedestrian or automotive, and no integration or “mix” of uses are shown or described. Staff recommends better integration of the various land use types (single-family, commercial and multi-family) proposed. Meridian City Council Meeting Agenda April 3, 2018 – Page 358 of 396 - 27 - Analysis Specific to Text: The Comprehensive Plan provides the following description for the Mixed Use Community designation, the current designation for a portion of this property. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use—Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Medium Density Residential which allows for residential densities ranging between 3 and 8 units per acre works well adjacent to Mixed Use Community, which has a target residential density of 6 to 15 units per acre. These two land use types can be seamlessly integrated and allow for full compliance with the specific policies of Mixed Use General and Mixed Use Community policies. The Comprehensive Plan provides the following description for the Mixed Use Regional future land use, the designation proposed by the Applicant. The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5. The application does not clearly indicate why the City would be better served by Mixed Use Regional or more specifically by a Costco at the subject location, rather than within an already adopted Mixed Use Regional location located closer to the Highway 16 and US-20/26 intersection. The application does show north Meridian (and all of northern Ada and Canyon counties) as being “underserved” and distant from existing Costco sites in Nampa and Boise, but neither this or prior studies explain why the community is better served by a regional project than a community sized project currently envisioned. By proposing a Costco with unique traffic and circulation patterns on a smaller commercial portion of the site, connectivity and integration requirements are difficult. This isn’t to suggest that Costco is bad, quite the contrary, only that size and configuration of very distinct and separate developments presents some formidable challenges for a site with Costco, and within a mixed use designation. Meridian City Council Meeting Agenda April 3, 2018 – Page 359 of 396 - 28 - Figure 3-5 from the Comprehensive Plan With regard to proposed residential components, the bulk of the single-family product (west side) is described as between 5 and 8 dwelling units per acre and is consistent with the adopted Medium Density Residential (MDR) land use. The requested R-15 zoning designation is atypical for MDR, but the applicant describes it as an age-restricted product type with specific lot dimensional needs. This portion of the proposed application may be consistent with the adopted future land use. It may also be consistent with the Mixed Use Regional designation, provided significant improvements are made to the interrelated connectivity improvements of the larger site. The application does not however indicate why high density residential (in excess of what would be allowed under MU-C) is proposed to the south. There is currently no major employment in the area and Costco is the only regional use proposed with the application. All other minor pad sites would likely be allowed within the MU-C designation (though a different configuration would be preferred) and do not constitute an employment area as described by the Comprehensive Plan. It could simply be that the application is proposing higher density residential because of density targets within the proposed Mixed Use Regional designation, but the minimum density range is only six dwelling units per acre. The proposed application does not show or describe any integrated public or quasi-public open space, community serving facilities such as churches, schools, or parks, the retail and services are separated and only indirectly accessible to proposed residential, and the commercial areas do not show or describe any type of plaza or gathering areas. The open space in the proposed residential areas (R-15 and R-40) contributes to the required open space for those designations, but is not centralized or designed to integrate the various uses. The proposed uses are all shown in distinct areas, separated by drive aisles, streets, and tall impassable berms and fencing. Only indirect public sidewalks facilitate access between different uses at the perimeter. There are no pedestrian focused areas or pathway connections to comingle neighborhood serving type uses and the community. As previously stated, a Mixed Use development by the City’s standards is not simply several types of uses. All of the missing elements discussed within the context of the mixed use text are intended to interrelate and activate different uses. Without many of these tenants, the basic principles of the City’s mixed use standards are not met. What is proposed is really no different than what may occur within a Meridian City Council Meeting Agenda April 3, 2018 – Page 360 of 396 - 29 - traditional Medium Density Residential project adjacent to a Commercial project. While some of the desired element opportunities, such as a church and public park are near the site, neither are integrated into the fabric of any portion of the proposed mixed use area, nor are smaller or similar opportunities described or shown to interrelate the proposed uses. All of these missing elements would help to justify having higher density residential because they would better integrate the varying uses. Without these it’s unclear why high density is appropriate, at least with regards to the text of the Comprehensive Plan and more specifically to the mixed use standards. The application narrative also states and implies that commercial development along a State Highway should be regional in scale and that direct access is the best approach. While this may be what is in the best interest of a potential user(s), and is easily understood, this is not suggested or supported by Comprehensive Plan text or policies, or by City code. In fact, this is not necessarily typical of development in other areas. A Costco in Tigard, OR for example is adjacent to the intersection of a State freeway and highway, but does not take access from either. Instead it faces an internal collector roadway connecting to the adjacent highway. Costco’s “back” is to the state facilities and it faces the collector roadway. Similarly the Winco across the street from the Tigard Costco facility also faces the collector roadway. Several Costco stores near the Portland International Airport, Aloha, Clackamas, Hillsboro, and Willsonville similarly either do not take direct access from mobility highways, instead fronting frontage/backage roads or “local” arterials, or are not located on any similar state mobility corridor. Costco facilities in Nampa and Boise are both located near to, but off of, State facilities, instead taking access from roadways with drastically fewer vehicles than existing and planned traffic on US-20/26. That these other facilities do not take direct access is important because local congestion, into and out of the site, does not directly impact the State facilities. A primary entryway drive aisle backed up and onto a State facility could hinder regional traffic. Given the peak hour congestion at other Costco sites, a scenario such as this does not seem far-fetched. In fact, the adjacent roadways to both of these existing Costco sites bear these types of problems. The Applicant’s narrative also suggests that it is in the communities’ best interest that access to Chinden be provided, to alleviate and prevent auto traffic impacts on the existing neighborhood. The application states that, …this project will generate a substantial amount of patron and delivery truck traffic that would be detrimental to the surrounding neighborhoods should it be forced out onto the local and collector streets alone. Critical to this project's success, and to that of Costco specifically, is the ability to provide egress/ingress to/from Chinden Boulevard through two dedicated access points. The application also states however that deliveries will be limited, with no traffic between 10:00 PM and 5:00 AM. It also appears that access to Lost Rapids near to Ten Mile could be designed in a way to accommodate heavy truck traffic, minimizing impacts to existing residential regardless of hours. Lost Rapids is a collector roadway and intended to serve more than just local residential traffic, and Staff believes any necessary capacity improvements could be made to Lost Rapids to bear additional traffic burdens without creating new points of conflict and congestion on the State system. The State facility is arguably more important than local roadway impacts, not just for the locals using it to commute, but for all regional users. Again, Costco has a proven record both locally and within other metropolitan areas of operating both off of and without any direct access to mobility highways. Clearer justification or rationale beyond that they want it should be provided to justify it as being in the City’s best interest. It is generally understood that it would benefit their operations and business, but regardless of any widening that may be done to US-20/26, any additional access will create points of conflict and reduce level of service. While stating that ITD approved a traffic study is an accomplishment and an important step for the proposed application, this does not mean that it’s in Meridian best interest. The applicant is also proposing to enter into a STARS agreement with ITD but it is Meridian staff’s understanding that the agreement has not yet been finalized. Essentially, the applicant is proposing to improve US 20/26 to four lanes between Linder Meridian City Council Meeting Agenda April 3, 2018 – Page 361 of 396 - 30 - and Lost Rapids before Costco opens and then improve the highway to four lanes further west, to SH-16 within two years. Staff is not stating or implying that a future land use amendment may be inappropriate or outside of the City’s best interest, only that the site layout as depicted and described is not typical of all Costco stores; that no justification of need for direct or primary access to mobility highway is described relative to City policies; and that the mixed use concept shown does not generally align with text of the Comprehensive Plan. General Mixed Use Text Analysist Per the Comprehensive Plan, while reviewing development applications, the following items will be considered in all Mixed Use areas: o Residential densities should be a minimum of six dwellings/acre. Proposed residential densities described by the application and within or near to the proposed mixed use designation are between 20 and 24 units per acre. The medium density residential portion of the site is described as being between 5 and 8 dwelling units per acre. o Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. The subject application is located adjacent to US 20/26. However, this area is not an employment destination today such as Silverstone, El Dorado, the Ten Mile Interchange Specific Area Plan, the Pine corridor near Eagle Rd, or the St Luke’s & Portico area, but there is potential for there to be employment centers in the future. o A conceptual site plan for the entire mixed use area should be included in the application. A conceptual site plan has been provided with the Lost Rapids application for the entire area. o In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The smaller pads sites with the proposed application are not detailed and do not describe common areas. Future buildings should be arranged to create some form of common, usable area(s). o The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. The proposed application is not immediately adjacent to any existing low or medium density homes. Adjacent proposed single-family homes are described as being separated by tall berms and dense vegetation. o A mixed use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. The proposed site plan only explicitly describes commercial and residential uses, but two different types of residential are proposed (single-family and multi-family). No dedicated offices or services type uses are shown (though they may occur on the pad sites). o Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed use developments. There are no community-serving facilities as defined above integrated into the mixed use development. A church and park are nearby. All required open space amenities are centralized within their respective developments without any shared facilities nearer to or within the commercial areas. Meridian City Council Meeting Agenda April 3, 2018 – Page 362 of 396 - 31 - o Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. There are no public or quasi-public spaces shown or described as part of the proposed application. o All mixed use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. There are only in-direct connections to existing and proposed neighborhoods. The proposed future neighborhood to the west has no direct access, pedestrian or automotive, to the commercial uses. However, Lost Rapids Drive is a collector that allows Bainbridge access without having to get on the arterial roadway network. o Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. There is an existing collector roadway, Lost Rapids, adjacent to the proposed site and complies with ACHD’s Master Street Map. Mixed Use Regional Text Analysis In reviewing development applications, the following items will be considered in MU-R areas: o Development should generally comply with the general guidelines for development in all Mixed Use areas. See General Mixed Use Text Analysis. o Residential uses should comprise a minimum of 10% of the development area at densities ranging from six to 40 units/acre. Within the proposed application, residential densities are described by the application as being between 5 to 8 and 20 to 24 units per acres and comprise 87 of the mixed use regional area. 58% of the site is proposed as residential. o Retail commercial uses should comprise a maximum of 50% of the development area. Within the proposed mixed use area, retail uses are approximately 42% of the area. Some of the smaller pad sites may be office or service uses. o There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses. No non-retail commercial uses are shown, except that some office may occupy pad sites. o Where the development proposes public and quasi-public uses to support the development, the developer may be eligible for additional area for retail development (beyond the allowed 50%), based on the ratios below: The development does not show or describe any public or quasi-public uses integrated within the mixed use area. The developer is showing approximately 42% of the site as being retail, which is less than the maximum 50% area. o For land that is designated for a public use, such as a library or school, the developer is eligible for a 2:1 bonus. That is to say, if there is a five-acre library site, the project would be eligible for ten additional acres of retail development. No public uses are shown or proposed. o For active open space or passive recreation areas, such as a park, tot-lot or playfield, the developer is eligible for a 2:1 bonus. That is to say, if the park is 10 acres in area, the site would be eligible for 20 additional acres of retail development. Meridian City Council Meeting Agenda April 3, 2018 – Page 363 of 396 - 32 - No public or quasi-public open space or passive recreation areas are shown or described. The only qualified open space shown private as part of the individual residential components. Analysis Specific to the Policy Statements: o 3.01.01B, “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” ACHD was provided with a traffic impact study, but as of the writing of this report, the analysis was not complete. The application was forwarded on to partner agencies and other City Departments for analysis of impacts to services. o 3.01.01F, “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” The proposed project is located in an area where development has and is already occurring, and City services are all readily available in the vicinity. o 3.01.01G, “Evaluate development proposals based on physical, social, economic, environmental, and aesthetic criteria.” The proposed site plan indicates large landscape buffers and generally appealing architectural designs. Offsite impacts such as trucks and lighting are described or shown as being reduced, and the high density residential is on a major transportation corridor. It is unclear however how the proposed site development furthers inclusive mixed use design elements, or how the proposed future land use designation and site plan is better for the neighbors and City than a development with more neighborhood and community accessible services. o 3.01.01J, “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” City Staff has been coordinating with both the applicant and the transportation agencies (ACHD and ITD) on this project. The proposed project will preserve right-of-way for future US Highway 20/26 widening projects. In fact, the applicant is proposing to enter into a STAR agreement with ITD to make some off-site improvements to US 20/26. These improvements would widen the highway to 4-travel lanes and improve impacted intersections in conjunction with ITD’s project to widen the corridor from Eagle Road. The Commission and Council should consider ACHD’s and ITD’s comments when determining appropriate access and circulation for this site. The City has policies limiting access points to arterial roadways and State highways. The submitted site plan shows two direct access points to a State Highway, including one full access, and one access point to Ten Mile Road, an arterial street. Every additional access is a point of conflict that can impact roadway functionality. Costcos can be busy and congestion at facilities in both Boise and Nampa spill over onto adjacent roadways (none of which are State facilities). Traffic waiting to exit out onto the signal at Cole at the Boise facility, backs up to the point of blocking vehicles from exiting parking stalls. This slows vehicles entering into the site. Staff recommends that site access be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility. o 3.03.02G, “Consider the adopted COMPASS regional long-range transportation plan in all land- use decisions.” The Communities in Motion (CIM) 2040 Plan identifies US 20/26 as a priority corridor with a typology of expressway. It is currently listed as an “unfunded” priority, though some early improvements are pending. The following is a summary from the CIM US 20/26 Priority Corridor Summary. “As a major mobility highway, US 20/26 is experiencing congestion along much of its length but especially between Linder Road and State Highway 55 (Eagle Road), a stretch with only two travel lanes. US 20/26 has been a regional priority for a number of years but it remains Meridian City Council Meeting Agenda April 3, 2018 – Page 364 of 396 - 33 - unfunded, causing traffic to divert to other routes such as McMillan Road. In addition to high traffic levels on this road, the intersection with State Highway 55 (Eagle Road) is ranked #2 on ITD’s list of high-accident locations. By 2040, daily traffic between Middleton Road and State Highway 55 is expected to increase substantially. o From Middleton Road to Star Road, traffic is projected to more than double, from 12,000 in 2013 to 30,000 in 2040. o From Star Road to Linder Road, traffic is projected to double, from 14,000 in 2013 to 28,000 in 2040. This would be similar to current traffic on US 20/26 (Chinden Boulevard) in Garden City. o From Linder Road to State Highway 55 (Eagle Road), traffic is projected to increase 80%, from 21,000 in 2013 to 38,000 in 2040. This would be similar to current traffic on Eagle Road north of US 20/26. o Rush hour driving time between Middleton Road and Glenwood Street is expected to more than double, from 25 minutes in 2013 to 60 minutes in 2040.” o 3.03.02N, “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage / backage roads.” There is only one existing farm access road which bisects the existing farm fields, half-way between Ten Mile Road and Lost Rapids Drive. There are no existing public access points on either the State facility or Ten Mile Road. The entire property has access from an improved collector roadway to the west and south of the site which may act and function as a backage road. o 3.03.03E, “Except in North Meridian and the Ten Mile Specific Area, where a specific collector system is planned, realize continuous collectors at regular intervals around the north-south and east-west half-mile lines within the undeveloped sections of Meridian's Area of City Impact at the time of new development. Such collectors should be the primary designated bike lane routes in lieu of arterial streets, whenever possible.” Lost Rapids is an existing collector roadway that connects into Tree Farm Way to the north, across Chinden Blvd, and extends to the east across Ten Mile Rd into Lochsa Falls. o 3.03.04K, “Consider ACHD's MSM (Master Street Map) in all land use decisions” With the exception of Chinden Blvd (which is an ITD facility), the arterial and collector roadways shown on ACHD’s street map are already improved or scheduled for widening. o 3.04.01G, “Protect citizen investments in existing public facilities (water, sewer, streets, fire, police, etc.) by encouraging controlled growth through development application reviews and development agreements.” The proposed project is surrounded by urban development and would be well served by the City. o 3.04.01H, “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” Public Works, Police, and Fire were all invited to pre-application and project review meetings. Further, they are invited as part of a comments meeting. Their comments and conditions, if provided, are included as part of the staff report. o 3.05.01E, “Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan.” Meridian City Council Meeting Agenda April 3, 2018 – Page 365 of 396 - 34 - Future and existing residential areas are located on the backside of Costco, with the small-scale neighborhood serving type pad sites generally located furthest from existing and proposed neighborhoods. This layout is inconsistent with the intent of Mixed Use designation, Figure 3-5, and the purpose of backage and collector type roadways. o 3.05.01J, “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” This area is planned for some commercial uses and the proposed site plan would expand resident and stakeholder access to closer commercial and retail opportunities. o 3.05.03A, “Identify transitional areas to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses.” Potential low intensity users are located away from existing and proposed residential areas and do not provide a buffer. The high density residential does buffer Costco impacts from existing residential, which is similarly buffered from the existing low density residential by a collector roadway with wide landscape buffers. o 3.06.01F, “Protect existing residential properties from incompatible land use development on adjacent parcels.” The nearest existing residential developments are separated by collector and arterial roadways. Additional landscaping will separate proposed residential uses from commercial uses (Costco). The application narrative indicates that no deliveries will take place between 10:00 PM and 5:00 am, that commercial truck deliveries will be restricted away from residential, and that all lighting will be shielded and 0.0 foot candles at property lines. o 3.06.01H, “Support land uses that do not harm natural systems and resources.” The existing land is farmed and there are no natural systems which remain to be protected. o 3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets” The proposed site plan and application requests direct access to Ten Mile Road located roughly half-way between Lost Rapid, a collector roadway s and Chinden Blvd, a State highway and a mobility corridor. o 3.06.02H, “Coordinate with ACHD, ITD, COMPASS, and other agencies to determine future infrastructure plans, transportation corridors, highway alignments, etc. and allow only compatible adjacent land uses, appropriate site designs and traffic patterns.” ACHD, ITD, and COMPASS have all been provided an opportunity to review and comment on the proposed application. ITD and ACHD have both held several additional meetings to review and discuss the proposed application. Agency staffs continue to discuss what “appropriate” and “compatible” site design and traffic patterns entail. Staff recommends the Commission and Council consider any additional comments or conditions that are provided by ACHD, ITD or COMPASS. o 3.07.01D, “Adopt land use designations that will allow for housing opportunities for all income levels.”” The adopted future land use designations allow for a variety of housing types that may be attractive to all income levels. The applicant is proposing to annex and zone portions of the site as R-15 (Medium-high Density Residential) and R-40 (High Density Residential).The proposed residential is within the specified area and range described in the Comprehensive Plan, but the overall concept plan lacks many of the mixed use elements necessary for it to be integrated successfully as a mixed use project. See the General Mixed Use text analysis. o 3.07.02D, “Provide housing options close to employment and shopping centers” The proposed project would provide additional shopping opportunities for existing and proposed residents. However, Staff is concerned that the site plan does not provide adequate pedestrian Meridian City Council Meeting Agenda April 3, 2018 – Page 366 of 396 - 35 - connections between residential and retail uses. This proposed location is not within a current employment area. o 3.07.02L, “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” The proposed high-density residential is near two parks (Keith Bird Legacy and Heroes’ Park) and a major access thoroughfare (US-20/26). o 3.07.03B, “Provide for a wide diversity of housing types (single-family and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” The proposed site plan would add to Meridian’s diversity of housing, and provides for high density residential in close proximity to a major transportation corridor. The density of residential was not however justified well, particularly in light of the applications compliance with the mixed use standard and that it would exceed densities allowances within the adopted MU-C land use. o 7.01.01F, “Integrate land use and transportation planning to ensure that they mutually support the communities' goals and desires.” City and transportation agencies have met multiple times to discuss the subject project. With some changes to the proposal, staff believes the project could support the communities’ goals and desires. Summary Comments and Recommendation: In summary, the proposed application and concept plan is not generally consistent with either of the proposed future land use designations. The major and only envisioned anchor, Costco, is entirely auto centric and there is limited opportunities given the store size and remaining commercial area to meet the intent of any mixed use designation. The proposed configuration, centralized on the site and facing Chinden, is not ideal for the existing and proposed community. Rather than using the collector as a backage road and integrating less intense retail and office type uses adjacent the existing neighborhood, the collector is used as secondary access. Given the size of the commercial area left after Costco, and unless commercial portions of the site are rotated 180-degrees to be inclusive with the existing neighborhoods, it is unlikely that any number of small adjustments will allow the proposed development to comply with the mixed use designation. Further, the centralized location and orientation of Costco makes interconnectivity between residential and commercial and neighborhood serving portions of the site difficult. As the sole anchor and largest portion of the commercial area, a simple Commercial future land use designation may be a more appropriate designation for this corner. Other changes should still be considered to better integrate and protect any proposed residential from traffic conflicts, such as cut - through driving, and to protect the State facility from internal drive aisle congestion. Lessons learned from Eagle Road should also be considered with regard to access of State facilities, and the impacts and driving behaviors that occur as a result. Access to Chinden may be appropriate, but the emphasis should be elsewhere and less directly into parking areas. Consider opportunities for better connecting the proposed residential areas to both Costco (with a great food center), and the satellite pads, which may have more neighborhood serving uses. More efforts should be explored to improve pathway connections and dedicated pedestrian environments so that existing and proposed residential may access the site without having to drive. To comply with mixed use requirements, more substantial site layout revisions would be necessary. Lessons learned from Eagle Road should also be considered with regard to access to a State facilities, and the impacts and driving behaviors that occur as a result. Meridian City Council Meeting Agenda April 3, 2018 – Page 367 of 396 - 36 - 8. ADA COUNTY HIGHWAY DISTRICT (ACHD) There are no site specific conditions of approval associated with the Comprehensive Plan Map Amendment and Annexation & Zoning applications. 8.1 Site Specific Conditions of Approval (Preliminary Plat) 8.1.1 Comply with requirements of ITD and City of Meridian for the Chinden Boulevard/US 20-26 frontage. 8.1.2 Enter into a Cooperative Development Agreement (CDA) with ACHD for the widening of Ten Mile Road to 5 lanes between Chinden Boulevard and Milano Drive, prior to ACHD’s signature on the first final plat. 8.1.3 The Cooperative Development Agreement should include the roadway construction, contract requirements, as well as allocation of costs. ACHD will only provide reimbursement for the costs of permanent roadway improvements consistent with the IFYWP and CIP. Interim improvements are not eligible for reimbursement and all costs would be the responsibility of the applicant. 8.1.4 In order to ensure the roadway will be improved when warranted, the following items must be in place prior plans acceptance for the final plat necessitating the improvements. Cooperative Development Agreement; Financial surety provided by the applicant meeting the terms of the Cooperative Development Agreement; Dedication of all of the right-of-way necessary to complete the road widening project. 8.1.5 If the STAR Agreement does not occur prior to ACHD's signature on the first final plat enter into a Cooperative Development Agreement with the District to improve the Chinden Boulevard/Black Cat Road intersection, as listed in the ACHD's CIP. The Cooperative Development Agreement shall include the intersection construction, as well as allocation of costs. ACHD will only provide impact fee credit for impact fee eligible costs of permanent intersection improvements consistent with CIP. 8.1.6 In order to ensure the Chinden Boulevard/Black Cat Road intersection will be improved when warranted, the following items must be in place prior plans acceptance for the final plat necessitating the improvements. Cooperative Development Agreement; Financial surety provided by the applicant meeting the terms of the Cooperative Development Agreement; Dedication of all of the right-of-way necessary to complete the intersection project. 8.1.7 If the widening of Ten Mile Road to 5 lanes between Chinden Boulevard and McMillan Road is removed from the STAR agreement or if the construction of the proposed improvements is not feasible due to of timing of ACHD roadway construction projects in the area, then the following improvements shall be constructed. Dedicate right-of-way to total 48-feet from the centerline of Ten Mile Road. Construct a 5-foot wide detached concrete sidewalk located a minimum of 41-feet from the centerline of Ten Mile Road abutting the site. Provide a permanent right-of-way easement for detached sidewalks located outside of the dedicated right-of-way. Construct a center left turn lane and dedicated right turn lane on Ten Mile Road for the temporary full access driveway located 660-feet north of Lost Rapids Drive. Meridian City Council Meeting Agenda April 3, 2018 – Page 368 of 396 - 37 - Install a signal at the Ten Mile Road/Lost Rapids Drive intersection. The applicant should be required to enter into a signal agreement with ACHD for the design, construction, and installation of the signal. The signal agreement should note that the intersection should be designed to provide a 3 X 4 intersection with three 12-foot wide travel lanes; one receiving lane, one dedicated left turn lane, and one thru/right lane on the north, south, and east approach, and with four 12 -foot wide travel lanes on the west approach; one receiving lane, one dedicated left turn lane, one thru lane, and one dedicated right lane. The applicant is responsible for all costs associated with the hardware, design, and installation of the signal. 8.1.8 Replace any broken or deteriorated portions of curb, gutter, and sidewalk on Lost Rapids Drive abutting the site. 8.1.9 Remove the existing center landscape island on Lost Rapids Drive at the Ten Mile Road intersection. 8.1.10 When the multifamily portion of the site develops, install "NO PARKING" signs on Lost Rapids Drive abutting the site. 8.1.11 Close the existing driveway onto Ten Mile Road from the site located 480-feet south of Chinden Boulevard. 8.1.12 Construct a 36 to 40-foot wide temporary full access driveway onto Ten Mile Road located 660-feet north of Lost Rapids Drive, as proposed. Construct the driveway as a curb return type driveway with a 30-foot radii and pave the driveway its entire width at least 30-feet into the site beyond the edge of pavement of Ten Mile Road. This driveway may be restricted in the future as traffic conditions warrant as determined by ACHD. 8.1.13 Construct one driveway onto Lost Rapids Drive located 350-feet west of Ten Mile Road, aligned centerline to centerline with an existing driveway on the south side Lost Rapids Drive. Construct the driveway as a curb return type driveway with a 30-foot radii and pave the driveway its entire width at least 30-feet into the site beyond the edge of pavement of Lost Rapids Drive. 8.1.14 Construct one driveway onto Lost Rapids Drive located 700-feet west of Ten Mile Road, align centerline to centerline with a public street on the south side Lost Rapids Drive. Construct the driveway as a curb return type driveway with a 30-foot radii and pave the driveway its entire width at least 30-feet into the site beyond the edge of pavement of Lost Rapids Drive. 8.1.15 Other than access approved as part of this application, direct lot access to Ten Mile Road and Lost Rapids Drive is prohibited and shall be noted on the final plat. 8.1.16 Payment of impact fees is due prior to issuance of a building permit. 8.1.17 Comply with all Standard Conditions of Approval. 8.2 Standard Conditions of Approval (Preliminary Plat) 8.2.1 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). 8.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 8.2.3 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. Meridian City Council Meeting Agenda April 3, 2018 – Page 369 of 396 - 38 - 8.2.4 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. 8.2.5 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. 8.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 8.2.7 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. 8.2.8 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. 8.2.9 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. 8.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 8.2.11 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. 8.2.12 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. 9. IDAHO TRANSPORTATION DEPARTMENT (ITD) (See next page) Meridian City Council Meeting Agenda April 3, 2018 – Page 370 of 396 - 39 - Meridian City Council Meeting Agenda April 3, 2018 – Page 371 of 396 - 40 - Meridian City Council Meeting Agenda April 3, 2018 – Page 372 of 396 - 41 - Meridian City Council Meeting Agenda April 3, 2018 – Page 373 of 396 - 42 - Meridian City Council Meeting Agenda April 3, 2018 – Page 374 of 396 - 43 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda April 3, 2018 – Page 375 of 396 - 44 - Meridian City Council Meeting Agenda April 3, 2018 – Page 376 of 396 - 45 - Meridian City Council Meeting Agenda April 3, 2018 – Page 377 of 396 - 46 - Meridian City Council Meeting Agenda April 3, 2018 – Page 378 of 396 - 47 - Meridian City Council Meeting Agenda April 3, 2018 – Page 379 of 396 - 48 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT: 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The Commission finds that the proposed map amendment from Mixed Use – Community and Medium Density Residential to Commercial (16.5 acres) with the remaining area Medium Density Residential as currently designated is not consistent with elements of the Comprehensive as discussed during the hearing on March 1, 2018. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds that the proposal to modify the Future Land Use Map to allow for commercial uses will be compatible with future adjacent residential uses if revisions are made to the concept plan as recommended in Section IX and Exhibit B. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The Commission finds that the proposed amendment will be consistent with the Goals, Objectives, and Policies of the Comprehensive Plan if revisions are made to the conceptual development plan as recommended by staff in Exhibit B (see Sections VII and IX for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds the proposed amendment will be compatible with adjacent existing and planned future residential uses if revisions are made to the conceptual development plan as required in Exhibit B. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission finds the proposed map amendment will provide a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and IX and the subject findings above, the Commission finds that the proposed amendment is in the best interest of the. 2. ANNEXATION & ZONING: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall Meridian City Council Meeting Agenda April 3, 2018 – Page 380 of 396 - 49 - make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds that the proposed map amendment to the R-15, R-40 and C-G zoning districts is consistent with the existing MDR and proposed Commercial FLUM designation for this site and should be compatible with existing and future uses in the area. Therefore, Staff finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-15, R-40 and C-G zoning districts is consistent with the purpose statements of the commercial and residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the site is developed in accord with the conditions of approval in Exhibit B. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. Many letters of public testimony have been submitted for this project. 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 Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B. 3. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision- making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use if Council approves the requested amendment to the FLUM to Commercial; if the applicant complies with the conditions included in this report, the conceptual development plan should be consistent with the transportation and circulation goals. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Meridian City Council Meeting Agenda April 3, 2018 – Page 381 of 396 - 50 - Because City water and sewer and any other utilities will be provided by the developer at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely 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 The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD and ITD consider road safety issues in their analyses. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. f. The development preserves significant natural, scenic or historic features. The Commission is not aware of any significant natural, scenic or historic features on this site that need to be preserved. 4. VARIANCE: 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 proposed accesses via US 20-26/W. Chinden Boulevard would grant a right or special privilege as the UDC specifically prohibits access via the state highway unless otherwise approved through a variance. b. The variance relieves an undue hardship because of characteristics of the site; and Staff finds there are no unique characteristics of the site that create an undue hardship that granting a variance would relieve. c. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds granting the variance for two accesses via Chinden Boulevard, an existing two lane highway proposed to be widened to four travel lanes with deceleration lanes and turn lanes, will have long term impacts to the traffic flow of the state highway. However, with improvements made to the highway as required by ITD with this development, public health safety and welfare should be preserved. Meridian City Council Meeting Agenda April 3, 2018 – Page 382 of 396 BAINBRIDGE NORTH LOST RAPIDS CLARIFICATION ELABORATION REBUTTAL 1 4/3/2018 2 4/3/2018 3 4/3/2018 SITE PEDESTRIAN CONNECTIONS 4 4/3/2018 5 4/3/2018 NORTH MERIDIAN COSTCO 6 4/3/2018 BARDSTOWN KENTUCKY 7 4/3/2018 COEUR d’ALENE 8 4/3/2018 Cd’A from north 9 4/3/2018 COLUMBUS OHIO 10 4/3/2018 LEHI UTAH 11 4/3/2018 LEHI UTAH 12 4/3/2018 Date: February 28, 2018 at 20:53:10 MST To: pkahn@costco.com Subject: Meridian, ID location support Peter, First of all, my husband and I are all for Costco opening a location at Chinden Boulevard and Ten Mile Road. We recently moved to Meridian from Lehi, UT, where we lived in the neighborhood that shared a border with the Costco in Lehi. Our home was about 3 streets north of Costco, but we pretty much know everyone (within the Lehi city limits, a couple houses are in American Fork city limits) that shares their backyard fence with Costco and Lowes. I know from talking with these friends that, one, their houses were built after Costco had been operating for several years, and they still bought their homes. Two, Costco has been a good neighbor and has worked with the homeowners that share a boundary by paying for a taller backyard fence to help reduce noise from delivery trucks, and to help with privacy. Lastly, Costco has maintained a very clean area around their property. I mention these because I know some of the homeowners in the nearby neighborhood in Meridian are concerned with Costco being built in a residential area. It has been done before in Lehi, UT and I have also been to the Orem, UT location as well that backs up to residential lots as well. I am sure there are more locations that are the same. I realize building in a residential area isn’t the only concern for these residents, and I hope the traffic situation will get figured out to ease their concerns. I just bring this up as a suggestion, if it hasn’t already been done, that it could be told to those that oppose it for this reason, that this situation does exist, and provide the locations so they can look it up for themselves. I have tried to explain this to people on a neighborhood forum, and I think it helped with some, but others already have their mind made up. I really do hope Costco can move forward at the Meridian location. It would be a great location, and I think everyone will be pleasantly surprised at how nice a neighbor Costco can be! Sincerely, 13 4/3/2018 TOLEDO, OH 14 4/3/2018 west side south side TOLEDO OH 15 4/3/2018 16 BAINBRIDGE NORTH LOST RAPIDS “POLL” 4/3/2018 17 4/3/2018 18 4/3/2018 19 4/3/2018 20 135 “opposed” represents 36.4 % of Spurwing Greens’ 371 homes (as of June 29, 2017) Neutral, in support, or not voting due to poll structure = 236 (63.6%) 4/3/2018 21 (65 % of 448 = 291 in favor) 4/3/2018 1 THE SITE… 4/2/2018 2 THE PLAN… 4/2/2018 3 COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT EXISTING PROPOSED 4/2/2018 4 August 6, 2002 October 7, 2008 COMPREHENSIVE PLAN FUTURE LAND USE MAP 4/2/2018 CURRENT 5 ANNEXATION WITH R-15, R-40 AND C-G ZONING 4/2/2018 6 TE N M I L E CHINDEN COMMERCIAL/MULTI-FAMILY PRELIMINARY PLAT 4/2/2018 7 VARIANCE FOR ITD-APPROVED ACCESS FROM STATE HWY 20-26 4/2/2018 8 4/2/2018 9 LANDSCAPE BUFFERS 4/2/2018 10 BUILDING BUFFERS 4/2/2018 1 2 3 4 5 6 7 Costco Membership & Site Selection 18 4/2/2018 Costco Parcel / Site Plan 19 4/2/2018 ENTRANCE 20 4/2/2018 EAST PERSPECTIVE NORTH PERSPECTIVE 21 4/2/2018 COSTCO OPERATIONS •TYPICAL HOURS ▪ Warehouse 10:00 am – 9:00 pm (Mon–Fri) 9:30 am – 6:00 pm (Sat) 10:00 am – 6:00 pm (Sun) ▪ Gas Station 6:00 am – 10:00 pm •DELIVERIES ▪ None from 10pm-5am •EMPLOYEES ▪ 250-300, 125-175 Employees/Shift ▪ Average wage $22/hr (US warehouses) 22 4/2/2018 23 BY THE OPENING OF COSTCO… ● Chinden widened to 4 lanes with center turn lane/median from Tree Farm Way to Linder Road (1.5 miles) ● Existing Tree Farm, Ten Mile, and Long Lake signals & intersections up-graded ● New signals at Chinden & Black Cat and Ten Mile & Lost Rapids ● Ten Mile widened to 4 lanes w/ turn lane/median from Chinden to Walmart WITHIN TWO YEARS OF OPENING… ● Chinden widened to 4 lanes w/ center turn lane from Tree Farm to State Highway –16 (1.44 miles) [Presumes ITD has secured required ROW] TRANSPORTATION PHASING 4/2/2018 TRANSPORTATION IMPROVEMENTS 24 4/2/2018 BY OPENING WITHIN 2 YEARS COST & SCHEDULE •Estimated Cost of Improvements –~$15 million –Up-front funding by Costco –STAR Agreement with ITD and ACHD •Anticipated Schedule –Governmental Approvals/Agreements 2018 –Design and Right of Way 2018–2019 –Construction 2019–2020 –Costco Opening 2020 25 4/2/2018 26 4/2/2018 ILLUSTRATED IN TRAFFIC SIMULATION… 27 Traffic Simulation 4/2/2018 28 Q & A 4/2/2018 No Costco – City Council Meeting – March 3, 2017 Six Slide Presentation Living Wage Calculation for Ada County, Idaho © 2018 Dr. Amy K. Glasmeier and the Massachusetts Institute of Technology ------------------------------------------------- The City needs better paying jobs so that wage earner s can provide for their families. The jobs that Costco offers will NOT materially move toward a higher average wage in Meridian. They will NOT provide a family wage. We believe the City needs to stick to its most recent Comprehensive Plan, deny the proposed Costco project on Ten Mile & Chinden Blvd., and recruit better paying jobs as originally outlined. Ada County, Idaho: $52,614 NORTH MERIDIAN WATER QUALITY COALITION ROBERT NEUFELD APRIL 3, 2018 LOST RAPIDS H-2018-0004 1 2 3 4 LOST RAPIDS COSTCO GROUND WATER DIAGRAM Costco Gas Station Ten Mile Rd 1 2 3 Existing Ground Surface Klienfelder’s Geotechnical Reports: •Tanks will require an excavation of about 18 ft below existing ground surface •Groundwater monitoring wells reported ground water at 11 ft and 18 ft below existing ground surface 12.5 ft below surface 18 ft below ground level 30,000 Gallon Gas/Diesel Storage Tanks 16 ft below surface 11 ft below surface Water level? Water level? Water level? 6 Ground Water Level bgs Wtr. Lvl Drill Lvl FC-1 15.5’ 20’ FC-2 15.5’ 20.5’ FT-1 16’ 30’ FT-2 16’ 30’ P-20 Stopped drilling at 11’ P-25 Stopped drilling at 11’ TP-4 Stopped drilling at 16’ No groundwater observed in P-20, P- 25 & TP-4.** Boring log for P-1 located n/o Lost Rapids S/E side of planned Apts. Water level at 9’ bgs, drill level 11.5’ ** Depth not sufficient to hit Water level. City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 8H Project/File Number: Proposed Parks Fees Public Hearing for Proposed Parks Fees 1. Resolution No. 18-2068: A Resolution Adopting New Fees Of The Meridian Parks And Recreation Department; Authorizing The Meridian Parks And Recreation Department To Collect Such Fees; And Providing An Effective Date Meeting Notes rte✓ APPROVED CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 3, 2018 Item # 8-H Project Number: Project Name: Proposed Park Fees Please print your name For Against Neutral Do you wish to testifv (Y/N) CITY OF MERIDIAN RESOLUTION NO. 1 � - 2 0 a BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS MILAM, PALMER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on March 23 2018 and March 30, 2018, according to the requirements of Idaho Code section 63-1311A, on April 3, 2018, the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the 2018 Summer Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit hereto, is hereby adopted. Section 2. That the fees adopted for the 2018 Winter/Spring Activity Guide shall remain in effect as to those classes until such classes are concluded, at which point the fees set forth in Exhibit A hereto shall supersede any and all fees for the enumerated services previously adopted. Section 3. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. 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 rJ sJ day of April, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this K, day of April, 2018. J APPROVED: 'u - Tammy de W rd, Mayor ATTEST; ,.�4 C.J4 Coles, Ci y Clerk ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 3 EXHIBIT A 2018 Summer Activity Guide Class Fees: Ballet/Jazz Class $48.00 Hip Hip Class $48.00 Mini Ballet/Jazz Camp $28.00 - $33.00 Hip Hop Camp $33.00 Ballet Jazz Camp $38.00 Little Ninja Capoeira Camp $28.00 - $33.00 Motions Medley Camp $38.00 - $43.00 Motions Dairy Days Dancing Parade Camp $38.00 Cheer Classes $38.00 - $48.00 Cheer Skill Clinics $6.00 All-Star Cheerleading: Tryout & Placement Class FREE Tumble and Twist Class $38.00 - $43.00 Tumble and Flip Class $43.00 - $48.00 Tumble and Flip Camp $33.00 Little Princess Dance Camp $39.00 Tumble and Dance Class $79.00 Kids & Tween – Teen Yoga $58.00 Youth Golf Lessons $75.00 Rookie Rugby Clinic $45.00 Amazing Athletes $60.00 Martial Art for Kids $40.00 Martial Arts for All Ages $40.00 Martial Arts Intermediate/Advanced Class $40.00 Tiny Tots Tennis Lessons $16.00 - $32.00 Junior Tennis Lessons $16.00 - $32.00 Coed Learn To Play Lacrosse – 1 Day Clinics $18.00 Girls Learn To Play Lacrosse – 1 Day Clinics $18.00 Lego Animation $80.00 Solar Lego $85.00 WeDo Lego $80.00 Seussical Musical Theater Camp $99.00 Broadway Musical Theater Camp $129.00 Audition Workshop $60.00 Camp Mer-IDA-Moo: Full Day $99.00 Camp Mer-IDA Moo: Half Day $79.00 Camp Mer_IDA-Moo: Week of 4th of July $63.00 & $79.00 Outdoor Adventure Camp $175.00 Outdoor Adventure Camp: Week of 4th of July $140.00 Let’s Play Sports Camp $44.00 Let’s Play Sports Camp: Week of 4 $35.00 Drawing & Cartooning $55.00 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 3 OF 3 Pirates Workshop $100.00 African Safari Workshop $105.00 World of Dinosaurs Pastel Workshop $110.00 Anime & Manga Workshop $100.00 Magnificient Masters Pastel Workshop $110.00 Household Pets Workshop $105.00 Draw and Paint Harry Potter Style $80.00 Star Wars Art $60.00 Dinosaurs $40.00 Typography – the art of lettering $80.00 Dragons, Unicorns and Magical Creatures $40.00 Kids Go Van Gogh $60.00 Teen Acrylic Painting $50.00 X-Men Explorations in Art $30.00 Tavaci – Musical Theater & Performance Camp $25.00 Yoga – All Levels $40.00 Yoga – Gentle Yoga $40.00 Yoga – Beyond the Basics $40.00 Yoga – Unlimited Yoga $50.00 Yoga Fundamentals $30.00 Gentle Movement Stretch $21.00 - $28.00 Zumba Gold $8.00 - $28.00 Laugh Yourself Happy $20.00 - $30.00 Pickleball 101 $60.00 Adult Gold Lessons $200.00 Adult Tennis Lessons $16.00 - $32.00 Line Dancing – Intermediate $20.00 - $25.00 Line Dancing – Beginner $20.00 - $25.00 Fine Art Painting – Water Color & Acrylics $70.00 Meridian History Course $10.00 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 9A Project/File Number: Whistle Stop H-2017-0167 Ordinances A. Ordinance No. 18-1769: Whistle Stop H-2017-0167 An Ordinance (H-2017-0167 — Whistle Stop) For The Re -Zone Of A Parcel Of Land Described As Lot 2, Block 1 Of Tramore Subdivision As Filed In Book 87 Of Plats At Pages 9825 And 9826, Records Of Ada County, Idaho And A Portion Of The N % Of The Sw'/4 Of Section 12, Township 3 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From L -O (Light Office) Zoning District To R- 15 (Medium High Density Residential) 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 By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date Meetina Notes 9 APPROIED ADA COUNTY RECORDER Christopher D. Rich 2018-029813 BOISE IDAHO Pgs=5 NIKOLA OLSON 04/04/2018 02:40 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF t 1 ORDINANCE i 91 BY i BERNT, !' i A/HLAM, PALMER, LITTLE ROBERTS i 1• si � 1• `!' i i ! i i ! I 1 i • i` ! ! ! i 1 i '' C 'El 1&1111,2101 NJ 91170111 N ►�1 til; � ► ! Ir i '. 1 = 1`I—TI_11'Y![!]�liT�:``Ci 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: Marlon Hughes, SECTION 2. That the above-described real property is hereby re -zoned from L -O (Light Office) Zoning District to R-15 (Medium High Density Residential) Zoning 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 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 S. 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 — WHISTLE STOP - H-2017-0167 PAGE 1 OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of Apcl '2018 TAMMY de WEERD ATTEST: C.J Y CO ` CIT CLERK (JI Vol € JV aP .tin )i!"'j �f16 w;c J 711EA6\1°�" RE ZONE ORDINANCE - WHISTLE STOP - H-2017-0167 PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada ) On this tL day of 2018, before me, the undersigned, allotary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0'nuvuo� Notary Public for Idaho Residing At: M n&aju) 7-t!' My Commission Expires:ab`a'a- RE ZONE ORDINANCE - WHISTLE STOP - H-2017-0167 PAGE 3 OF 3 EXHIBIT A Whistle Stop H-2017-0167 Meridian City Council Meeting Agenda April 3, 2018 – Page 394 of 396 EXHIBIT B Whistle Stop H-2017-0167 Meridian City Council Meeting Agenda April 3, 2018 – Page 395 of 396 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901.(A) CITY OF MERIDIAN ORDINANCE NO. 18- Imo' (pal PROVIDING FOR RE ZONING ORDINANCE .An Ordinance of the City of Meridian granting re -zoning of a parcel of land being Lot 2, Block 1 of Tramore Subdivision as filed in Bok 87 of Plats at Pages 9825 and 9826, records of Ada County, Idaho and a portion of the N V2 of the SW %4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County. This parcel contains 5.73 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 effectiveon the � day of �, , 2018. _ . 13tL7 C(y of McMian Mayor and City Council By: C.Jay Coles, City Cl L Gfl �Ty - rF First Reading: _7/ 3 Adopteq,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. 18- 11, (ocl 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. 18 --Ll 1 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 x , 2018. William. L.M. Nary City Attorney RE ZONE ORDINANCE; SUMMARY- WHISTLE STOP — H-2017-0167 Meridian City Council Meeting Agenda April 3, 2018 — Page 396 of 396 PAGE 1 City Council Meeting Meeting Date: April 3, 2018 Agenda Item Number: 10 Project/File Number: Future Meeting Topics Meetina Notes