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2018-04-24
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, April 24, 2018 at 6:00 P M 1. Roll-C all Attendance O 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 O Mayor Tammy de Weerd 2. P ledge of Allegiance 3. C ommunity I nvocation by M ichael C arver with the S ettler's P ar k L D S S take 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 M ar ch 20, 2018 C ity C ouncil Regular M eeting B. Approve M inutes of M ar ch 27, 2018 C ity C ouncil Regular M eeting C. Approve M inutes of Apr il 10, 2018 C ity C ouncil Workshop M eeting D. Approve M inutes of Apr il 17, 2018 C ity C ouncil Regular M eeting E. Release of S anitary S ewer E asement by B lue M ar lin at T imber gr ove Subdivision F. Release of Water M ain E asement by B lue M ar lin at T imber grove S ubdivision G. T imbergrove S ubdivision Water M ain E asement by C entr e P ointe P roperty LLC H. T imbergrove S ubdivision S anitar y S ewer E asement by C entr e P ointe P r operty LLC I. S outhridge Apartments S anitary S ewer and Water M ain E asement J. F ast E ddy's C ar Wash S anitary S ewer and Water M ain E asement K. F inal P lat for C aven Ridge E states E ast Subdivision No. 2 (H- 2018-0034) by New C avanaugh, LLC L ocated E ast of S . S tanding T imber Way and S outh of E . Victory Rd. L. F inal P lat for M ovado E states S ubdivision No. 4 (H-2018-0030) by C onger M anagement G roup located on the south side of E . O ver land Road between S . Topaz Way and S. C loverdale Road M. F inal O r der 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 N. F indings of F act, C onclusions of L aw for L ost Rapids (H-2018- 0004) by G F I Investments I I, LLC and B r ighton Investments, L ocated at the S outhwest C or ner of S tate Highway 20-26 (C hinden B lvd.) and North Ten M ile Rd. O. F indings of F act, C onclusions of L aw for F ast E ddy's (H-2018- 0006) by AL C Architectur e, L ocated at 3775 N. E agle Road P. D evelopment Agreement O aks West S ubdivision (H-2017-0170) with New O aks, LLC and Hayden Homes Idaho, LLC located at the southeast cor ner of N. M c D ermott Rd. and W. M cM illan Rd., in the NW 1/4 of S ection 33, Township 4N., Range 1 W Q. Resolution No. 18-2072: O aks West S ubdivision H-2017-0170: A r esolution to amend the futur e land use map of the 2002 compr ehensive plan for 7.25 acres known as O aks West S ubdivision generally located at the southeast corner of N. M c D ermott Road and W. M c M illan Rd., in the NW ¼ of section 33, Township 4 North, Range 1 West, M eridian, Idaho R. Resolution No. 18-2073: A Resolution D eclar ing T he Intent Of T he City O f M eridian To C onvey To T he Ada C ounty Highway D istrict F or Right O f Way Purposes A P or tion Of C ertain Real P roperty L ocated Near T he C or ner O f M eridian Ro ad And Woodbur y D r ive; Instructing T he C ity C ler k To E stablish And Notice A Hear ing To Review T he P roposed Conveyance; And P roviding An E ffective D ate. S. Acceptance Agreements for D isplay of Artwor k in Initial P oint G aller y 1. Lynn F raley - May 2018 T. Award of C hange Order No. 6 to J C C O NS T RUC T O RS , I NC. for the “WRRF L iquid Stream C apacity E xpansion” project for a Not- To-E xceed amount of $63,311.11. U. Approval of Award of B id and Agreement to Q UAL IT Y E L E C T RIC, I NC . for the W C HAT E AU S T REET L I G HT I NG C O NS T RUC T I O N project for a Not-To-E xceed amount of $66,667.58. V. Award of RF P and Appr oval of Agr eement to HI CKS B RO T HE RS WOOD FLOORS, I NC . for the “F Y 18 Homecourt F loor Refinishing” pr oject for a Not-To-E xceed amount of $80,000. W. Approval of P ur chase O rder #18-0352 for AC HD Road T rust for S outh M er idian Regional P ark in the Not-To-E xceed amount of $148,000.00 X. AP Invoices for P ayment 4/25/18 - $1,632,995.55 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. P ublic Hear ing Continued fr om April 17, 2018 for O berg S ubdivision (H-2018-0012) by D evC o, LLC located at 2855 N. Wingate L ane Approved 1. Request: A nnexation and Z oning of 4.79 acres of land with an R - 15 zoning district; and 2. Request: P reliminary P lat consisting of 25 single-family residential building lots, 3 common lots and 1 other lot on 4.79 acres of land in the proposed R -15 zoning district B. P ublic Hear ing for S ummertown S ubdivision (H-2017-0142) B y 745 W Ustick, LLC , L ocated at 745 W Ustick Road Continued to May 15, 2018 1. Request: A n A nnexation and Z oning of 15.13 Ac res of L and with a T N-R Z oning District C. P ublic Hear ing for G r amercy Heights No. 2 (H-2018-0025) by G r amer cy LLC , L ocated S outh of E. O verland Rd. and West of E . C opper P oint D r. Approved 1. Request: C ity C ouncil Review to A pply for a 6-Month Extension to O btain City E ngineer's S ignature on G ramercy Heights No. 2 F inal P lat D. P ublic Hear ing for T rilogy (H-2018-0024) by C hallenger D evelopment, L ocated at the S outheast C orner of W. C hinden B lvd. and N. Black C at Rd. Approved 1. Request: C ity C ouncil Review for the P urpose of Extending the E xpired P lat to A llow a 6-Month E xtension to Obtain City E ngineer's S ignature on the F inal Plat E. P ublic Hear ing for P r oposed Homecour t F ees 1. Resolution No. 18-2074: A R esolution A dopting New F ees Of T he Meridian P arks A nd R ecreation D epartment; A uthorizing T he Department To Collect S uch F ees; And P roviding A n E ffective Date. Approved 9. D epar tment Reports A. P ar ks and Recreation D epar tment: Homecourt B ay 5 Update 10. O rdinances A. O rdinance No.18-1771: An O rdinance (H-2017-0154 – L asken Annexation) F or Annexation O f A P ar cel O f L and B eing A P or tion Of L ot 1 O f O nwiler S ubdivision, A Recorded S ubdivision On File In B ook 8 O f P lats At P age 378, Situated In T he Northwest ¼ Of T he S outheast ¼ Of S ection 7, Township 3 North, Range 1 E ast, B oise M eridian, Ada County, Idaho, As D escr ibed In Attachment “A” And Annexing C ertain L ands And Territor y, S ituated In Ada C ounty, I daho, And Adjacent And C ontiguous To T he C orpor ate L imits Of T he C ity O f M eridian As Requested B y T he C ity Of M er idian; E stablishing And D eter mining T he L and Use Zoning C lassification O f 35.35 Acr es O f L and F r om Rut To R-2 (L ow D ensity Residential) Zoning D istrict In T he M eridian City C ode; P roviding T hat Copies O f T his O r dinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada C ounty Recor der, And T he Idaho S tate Tax Commission, As Requir ed B y L aw; And P roviding F or A Summar y O f T he O rdinance; And P roviding F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate Approved B. O rdinance No. 18-1772: An O rdinance (H-2017-0170 – O aks S ubdivision) F or T he Re-Zone O f A P arcel Of L and L ocated In T he NW ¼ O f T he NW ¼ O f S ection 33, Township 3 North, Range 1 West, B oise M eridian, C ity O f M er idian, Ada County Idaho; E stablishing And D etermining T he L and Use Zoning C lassification F rom L -O (L imited O ffice) Zoning D istrict To R-8 (M edium D ensity Residential) And R-15 (M edium High D ensity Residential) Zoning D istricts In T he M eridian C ity Code; P roviding T hat Copies O f T his O r dinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada C ounty Recor der, And T he Idaho S tate Tax Commission, As Requir ed B y L aw; And P roviding F or A Summar y O f T he O rdinance; And P roviding F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate Approved C. O rdinance No. 18-1773: An Ordinance (UD C Text Amendment H- 2018-0011) Amending M er idian C ity C ode as C odified At Title 11, P er taining to Uses Allowed in Table 11-2 A-2; S tandards for P ortable S igns; D aycare F acility S pecific Use Standards; P rovisions to Allow M ulti-F amily Private Open S pace S tandards to B e E ligible for Alter native C ompliance and M odify the S ubdivision S treet Names S tandards to Align with Newly Adopted T itle 8, C hapter 2, Uniform S tr eet Name and Addressing Number C ode; and pr oviding for a waiver of the Reading Rules; and P roviding an E ffective D ate Approved 11. F utur e M eeting Topics 12. E xecutive S ession P er Idaho State Code 74-206(1)(d): To C onsider Records that are E xempt from D isclosur e as P rovided in C hapter 3, T itle 9, I daho C ode and 74-206(1)(j): To consider labor contr act matters authorized under section 67-2345 A [74-206 A](1)(a) and (b), Idaho Code. Into Executive Session at 10:15pm Out of Executive Session at 10:49pm Adjourned at 10:49pm All materials presented at public meetings shall bec ome property of the C ity of Meridian. Any one desiri ng accommodation for disabilities r elated to doc uments and/or hear ing, 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 24, 2018. A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, April 24, 2018, by President Joe Borton. Members Present: Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer, and Treg Bernt. Members Absent: Tammy de Weerd and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Warren Stewart, Caleb Hood, Bill Parsons, Sonya Waters, Josh Beach, Jeff Brown, Kevin Fedrizzi, Steve Siddoway, Garrett White, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ___ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener ____ Mayor Tammy de Weerd Borton: Good evening, everybody. Welcome to tonight's City Council -- City Council meeting. It's Tuesday, April 24th. It's 6:00 p.m. We will begin tonight's Council meeting with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance Borton: Next item on the agenda is the Pledge of Allegiance. We would like the fellows from Troop 174 if you would, please, come forward and give us the honor of leading us in the pledge tonight. If everyone would, please, rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Michael Carver with the Settler's Park LDS Stake Borton: Thank you, boys. Next item on the agenda is the community invocation. Tonight we are going to be led by Michael Carver with the Settlers Park LDS Stake. Mr. Carver, if you're present come on forward. Thanks for joining us tonight. Carver: Thank you very much. I'm Michael Carver. I'm a bishop of a local congregation for the Church of Jesus Christ of Latter-Day Saints. Our dear, kind, gracious Heavenly Father, we are so grateful for this wonderful day that we have had, for the sunshine that we have been able to experience and have. We are grateful for the time that we have to meet together tonight. We are so grateful for our country, for Meridian City Council April 24, 2018 Page 2 of 87 the freedoms in which we can have in our lives. We are so grateful for this wonderful city in which we live and for the many blessings that we have to be able to raise a family in this wonderful area. We are grateful for our local government, the Council Members, and for the sacrifices that they make to lead us and -- and to make this community such a great place. We are grateful for the local Boy Scouts who are here, for the contributions that they make and we pray that they might be able to be edified and they may be able to learn as they are here to participate in this Council meeting. Please, be with us this night that we may be able to have good, respectful discourse. We are grateful for thy son Jesus Christ and for his atoning sacrifice for us and, please, bless us that we may ever strive to walk in his footsteps. We love thee and we open this meeting unto thee and do so in the name of Jesus Christ, amen. Item 4: Adoption of Agenda Borton: Thank you, Michael. The next time this evening is the adoption of the agenda. Cavener: Mr. Borton. Borton: Mr. Cavener. Cavener: I move we approve the agenda as presented. Milam: Second. Borton: It's been moved and seconded to adopt the agenda as published. All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Borton: Thank you. Our next item is our future meeting topics. Mr. Clerk, anybody signed up? Coles: No sign-ups, Mr. President. Item 6: Consent Agenda A. Approve Minutes of March 20, 2018 City Council Regular Meeting B. Approve Minutes of March 27, 2018 City Council Regular Meeting C. Approve Minutes of April 10, 2018 City Council Workshop Meeting Meridian City Council April 24, 2018 Page 3 of 87 D. Approve Minutes of April 17, 2018 City Council Regular Meeting E. Release of Sanitary Sewer Easement by Blue Marlin at Timbergrove Subdivision F. Release of Water Main Easement by Blue Marlin at Timbergrove Subdivision G. Timbergrove Subdivision Water Main Easement by Centre Pointe Property LLC H. Timbergrove Subdivision Sanitary Sewer Easement by Centre Pointe Property LLC I. Southridge Apartments Sanitary Sewer and Water Main Easement J. Fast Eddy's Car Wash Sanitary Sewer and Water Main Easements K. Final Plat for Caven Ridge Estates East Subdivision No. 2 (H- 2018-0034) by New Cavanaugh, LLC Located East of S. Standing Timber Way and South of E. Victory Rd. L. Final Plat for Movado Estates Subdivision No. 4 (H-2018-0030) by Conger Management Group located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road M. Final Order 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 N. Findings of Fact, Conclusions of Law for Lost Rapids (H-2018- 0004) by GFI Investments II, LLC and Brighton Investments, Located at the Southwest Corner of State Highway 20-26 (Chinden Blvd.) and North Ten Mile Rd. O. Findings of Fact, Conclusions of Law for Fast Eddy's (H-2018- 0006) by ALC Architecture, Located at 3775 N. Eagle Road P. Development Agreement Oaks West Subdivision (H-2017-0170) with New Oaks, LLC and Hayden Homes Idaho, LLC located at the southeast corner of N. McDermott Rd. and W. McMillan Rd., in the NW 1/4 of Section 33, Township 4N., Range 1W Meridian City Council April 24, 2018 Page 4 of 87 Q. Resolution No. 18-2072: Oaks West Subdivision H-2017-0170: A resolution to amend the future land use map of the 2002 comprehensive plan for 7.25 acres known as Oaks West Subdivision generally located at the southeast corner of N. McDermott Road and W. McMillan Rd., in the NW ¼ of section 33, Township 4 North, Range 1 West, Meridian, Idaho R. Resolution No. 18-2073: A Resolution Declaring The Intent Of The City Of Meridian To Convey To The Ada County Highway District For Right Of Way Purposes A Portion Of Certain Real Property Located Near The Corner Of Meridian Road And Woodbury Drive; Instructing The City Clerk To Establish And Notice A Hearing To Review The Proposed Conveyance; And Providing An Effective Date. S. Acceptance Agreements for Display of Artwork in Initial Point Gallery Lynn Fraley - May 2018 T. Award of Change Order No. 6 to JC CONSTRUCTORS, INC. for the “WRRF Liquid Stream Capacity Expansion” project for a Not-To-Exceed amount of $63,311.11. U. Approval of Award of Bid and Agreement to QUALITY ELECTRIC, INC. for the W CHATEAU STREET LIGHTING CONSTRUCTION project for a Not-To-Exceed amount of $66,667.58. V. Award of RFP and Approval of Agreement to HICKS BROTHERS WOOD FLOORS, INC. for the “FY18 Homecourt Floor Refinishing” project for a Not-To-Exceed amount of $80,000. W. Approval of Purchase Order #18-0352 for ACHD Road Trust for South Meridian Regional Park in the Not-To-Exceed amount of $148,000.00 X. AP Invoices for Payment 4/25/18 - $1,632,995.55 Borton: That moves Item 5 along quickly. Next item is No. 6, the Consent Agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we approve the Consent Agenda as presented. Meridian City Council April 24, 2018 Page 5 of 87 Milam: Second. Borton: It's been moved and seconded to approve the Consent Agenda as published. If there is no discussion, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From The Consent Agenda Borton: There were no items moved from the Consent Agenda, which brings us into the -- the Action Items. We have a couple of land use items tonight and I thought I would take a quick second to give a snapshot of what -- what happens when we do our land use hearings. Most of you -- maybe members of the public already know this, but the way we do these processes is we will have -- for each of these applications our staff will present a brief staff report, give us some background information. We will have the applicant come forward, present some information in ten minutes time and, then, we have members of the public participate, provide any information that you want to provide any testimony if you choose to do so. The applicant, then, gets the last word. They will come back up if they choose and provide any final comments to the Council and -- and we will, then, ask questions of the applicant, questions of the public and perhaps staff as well. So, that's sort of the process we use. We have had a chance to review public comment, e-mails that have been provided, staff reports, comments from area agencies, all of that kind of leads up to tonight, so we will walk through that process in that order. We use some time limitations to make the business be completed hopefully in one night. The applicant generally has ten minutes. Members of the public we limit to three minutes. We have got to put some time frame on it, so if we cut you off we are not trying to be rude, we are just letting you know that the three minutes is up and we will give the next member of the public a chance to -- to provide some testimony. Item 8: Action Items A. Public Hearing Continued from April 17, 2018 for Oberg Subdivision (H-2018-0012) by DevCo, LLC located at 2855 N. Wingate Lane 1. Request: Annexation and Zoning of 4.79 acres of land with an R-15 zoning district; and 2. Request: Preliminary Plat consisting of 25 single-family residential building lots, 3 common lots and 1 other lot on 4.79 acres of land in the proposed R-15 zoning district Meridian City Council April 24, 2018 Page 6 of 87 Borton: Okay. So, we are going to start the first one, Item 8-A, and we will open the public hearing -- it's a continued hearing from April 17th for the Oberg Subdivision, annexation and zoning and a preliminary plat and we will begin this continued public hearing with staff comments. Allen: President Borton, Members of the Council, this site consists of 4.79 acres of land. It's zoned RUT in Ada County and is located at 2855 North Wingate Lane. The Comprehensive Plan future land use map designation is medium density residential, which is three to eight units per acre. The applicant is requesting annexation and zoning of 4.79 acres of land with an R-15 zoning district for the development of single- family residential homes, 22 attached and three detached units, at a gross density of 5.21 units per acre, consistent with the medium density residential future land use designation. A preliminary plat is proposed as shown that consists of 25 single family residential building lots, three common lots, and one other lot on 4.79 acres of land. The subdivision is proposed to develop in one phase. Access is proposed via the extension of East Kamay Street at the west property boundary. An emergency only access is proposed at the east boundary via the existing private street Wingate Lane from Ustick Road. Two stub streets are proposed to the properties to the east for future extension and interconnectivity upon redevelopment of those properties. Staff is recommending an additional stub street, North Lapis Avenue, is provided to the north boundary. A 15 foot wide road access for Wingate Lane and utility easement exists along the east boundary of this site and is proposed to be located within adjacent building lots until such time as it's no longer needed for access to adjacent properties. At that time the easement may be vacated and the area absorbed by the adjacent building lots. Until that time the easement area is to remain as is for use by adjacent property owners for access to their properties. Because this property is below five acres in size, the qualified open space and site amenities are not required by the UDC. However, the applicant is proposing .86 of an acre or 17.9 percent of open space consisting of the common lot where the South -- or, excuse me, South Slough and Finch Lateral is located through the middle of this site. A segment of the city's multi-use pathway system is also proposed along the north boundary of the waterway. Conceptual building elevations for the proposed single family residential homes were submitted as shown that demonstrate the quality and style of development proposed. All units are proposed to be single story in height. All single family residential attached are required to obtain design review approval and comply with the standards in the architectural standards manual. The Commission did recommend approval of the proposed annexation and zoning and preliminary plat to the City Council. Jim Conger testified in favor. No one testified in opposition or commented. Laren Bailey, the applicant's representative, did submit written testimony. There were really no issues of discussion by the Commission. However, the Commission did make one change to the staff recommendation as requested by the applicant and recommended by staff to amend condition number 1.3.5 to reflect the homeowners association, not the applicant, will have an ongoing obligation to maintain all pathways. There are no outstanding issues for Council tonight and there has been no written testimony since the Commission hearing. Staff will stand for any questions. Meridian City Council April 24, 2018 Page 7 of 87 Borton: Thank you, Sonya, for that report. Council, any questions of staff? If the applicant would come forward. Mr. Conger. Good to see you. Conger: Thank you, Mr. President, Members of the Council. Jim Conger, 4824 West Fairview Avenue. First off I wanted to thank Sonya and all of the City of Meridian with -- with staff and the fire department. We had numerous meetings to get where we are today to have a staff report that we certainly are in agreement with as it's written and as it was slightly modified and recommended for approval by the P&Z Commission. That's where I was going to stop with my speech tonight, but we do have two sets of neighbors that -- that are here tonight and I have been out in the lobby talking with them. We had -- we touched and had numerous neighbor meetings. We have had, obviously, no neighbors come to the Planning and Zoning Commission hearing meeting and what they are here tonight on -- and the one item that I know about they will speak for themselves if there is more than one item -- is simply about -- I call it simply, but, you know, both of these stub roads that are required by the city and ACHD stub to their private land called Wingate. Wingate has been a -- kind of a hot topic for probably a little more than a decade of private -- the three or four private users at the south end of Wingate. We have the fire marshal okay with -- in our original meetings with, you know, putting a -- they want a fence up at those stub roads so nobody can walk over there. We were able to get that on the north stub road, but the south stub road at the end of our negotiations and meetings with fire was still a bollard requirement for quicker access for safety and emergencies, not only I guess if our neighbors need an emergency access from Wingate, which the fire does have the emergency to Wingate, or if the Wingate neighbors need an emergency they would come through the public road to that stub. So, I believe we can work this out with neighbors and fire marshal while we go through final platting and those kind of processes. I think that would be extremely typical and normal. Just bringing that up tonight that's what you should hear about. But, again, I guess we could put our gate and fence across that, but we -- we definitely need to respect and understand fire needs and I -- I have had numerous meetings on fire. This is at kind of the end and this wasn't one meeting with Fire Marshal Joe, this was numerous meetings over, you know, several months. You know, this was, you know, eight months ago during the planning process. But with that we -- we definitely are in agreement with the project as it was recommended to you at the Planning and Zoning Commission and I would close with that. Borton: Thank you. Council, any questions? Conger: Thank you. Borton: Mr. Clerk, any members of the public signed up? Coles: Mr. President, I have Rosellen Villareal Price signed up as neutral, wanting to testify. Borton: Welcome. Meridian City Council April 24, 2018 Page 8 of 87 Price: Thank you. My name is Rosellen Villareal Price. I live at 2700 North Wingate Lane in Meridian. Unfortunately, I was unable to be here at the meeting on the 17th, because the very next day was at the funeral for my father in New Mexico. That is why I was not here. Otherwise I would have been. We have a lot of concerns about having a bollard at the south entrance. This is going to be very close to the property front that I have. I have horses. As it is now I am surrounded on three sides by subdivisions and a lot of the subdivisions treat Wingate Lane as a recreational path. I have had kids get into the pasture with my horses. Fortunately I have been able to see them, but this is a liability to me, even though I have signs up that say do not enter. We also have signs at the entrance and the exit of the road that say do not enter, private lane. This does not stop anyone. We have a constant stream of traffic that comes up and down that lane. So, these signs are not effective. For us to have a bollard there invites people to use that area as a walking path, as they already do. I have neighbors that live at the end of the street that have alpacas. On several occasions she has also found people in with the alpacas trying to feed them , which could actually be deadly to them, because if you did not feed them the correct type of food it can kill them. We also have chickens. We, basically, run as a farm-type operation in kind of an island. We would very much like to say that we would like to have a solid fence there, because, otherwise, we will have people coming in and using the lane as a walking path. Bicycles. Motorcycles. ATVs. And even on one occasion we had someone who was testing their snowmobiles. So, we would very much like to have a solid fence there to discourage anymore future traffic that will impede upon our properties. Thank you. Borton: Thank you, Rosellen. Coles: No other sign-ups, Mr. President. Borton: Okay. Is there anyone here who wishes to provide any testimony on this application? Would the applicant like to come forward and -- oh. Come on. More than welcome. Just state your name and address. Thanks for joining us tonight. Thompson: My name is Craig Thompson. I live at 2950 Wingate Lane and I'm just right across from where all this activity is taking place. I do have an acre there and there is an open ditch and once they come passed that area that's -- that's going to be open, there is a ditch there and it goes under a flume that goes through that. Okay. And it's scary. I have seen kids on bicycles go passed that and stop and throw rocks in and play with the water. You know, I go over there and very courteously like -- I get their attention and talk to them about this and send them down the road. But concerns about the animals and I'd say a very good fence through that and that has been -- been explained and as far as anything open will give us a huge liability on what's -- what's transpiring there. So, I would encourage the city to pass that to have a fence all the way across that, so that the public cannot enter. Okay. Thank you. Borton: Sir, just to make sure I'm clear, that the concern isn't necessarily the development itself, but the southern stub to the east over that roadway is what you're -- or both I guess. Both stubs. That there will be a solid fence; correct? Meridian City Council April 24, 2018 Page 9 of 87 Thompson: Yes. All the way across that. I don't think there should be any opening. And I think right now I -- I don't even know what they look like, the bollards or whatever they are called. What are they? Bollards. Whatever they are. Anyway, I guess are the stubs -- posts that come up and so I guess if there is any incident that happens that they can run right over the top of them. And if that's open in between we will get traffic as far as -- I would say motorcycles and other -- anything that can go in between that we will get, because that is a shortcut and -- and just the traffic going through there by foot is quite a bit. It's a nice little place for them to walk and if they don't disturb the animals it's not too bad, but many times they do do that. Borton: Okay. Thompson: Okay. Borton: Thanks for clarifying. Thompson: Okay. Thank you. Borton: Council, any questions? Milam: Mr. President? Borton: Mrs. Milam. Milam: I have a question for fire. So, obviously, it's been recommended that there be bollards, not a gate, but what if there were to be a gate with a Knox Box or something? Fedrizzi: I would think -- my understanding is -- I was talking to Chief Bonjiorno this morning and I guess those conversations have been had and that's why they landed where they did. But I would imagine if it was at the -- the expense of the -- the developer to put those gates in -- we just don't have any way to activate that gate wirelessly -- wirelessly right now. I know that product is out there. That would be another option, but that would be a big expense to equip all our -- our fire engines as well. So, a Knox Box is going to delay our response, because the crews will have to get out of the fire engine, get the Knox key out, unlock it and come around. So, that would be some of the downside to it. Milam: Thank you. Cavener: Mr. President? Borton: Mr. Cavener. Meridian City Council April 24, 2018 Page 10 of 87 Cavener: I guess for clarification, then, for myself, how -- talk to us about the timing with having to remove the bollards when it -- when a truck arrives on scene versus having to unlock a Knox Box. Fedrizzi: Councilman Cavener, I'm -- I'm not sure the discussion that Chief Bonjiorno had. But I'm sure it would be about the same kind of delay. So, you know, without knowing that -- being privy to all the discussions, I'm sure they have covered that and we -- so, it would be an equal or two. Borton: Great. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Are the connections to Wingate a necessity or a nice to have as opposed to cul-de-sacs? Borton: Good question. Perhaps, Sonya, you might comment on the connectivity. Allen: President Borton, Councilmen, what is needed is a secondary access, emergency access. So, the cul-de-sac won't -- won't do it. They would have to have another available access. That is something that, you know, if -- if -- that we -- they can discuss further with the fire chief, but as discussed there has been several conversations about it already. Borton: Any other questions, Council? Would the applicant come forward and make a final remark. Conger: Members of the Council, Jim Conger again. So, to -- to answer the question of Council Member Palmer, the -- the stub roads -- we attempted to do this as a private street and just its own little enclave of kind of some cottage type stuff. That didn't make it through the Ada County Highway District or City of Meridian. That stub road is needed. There is actually almost -- I'm going to have it wrong. The neighbors would educate me. But like four or six acres of -- of what the world would call undeveloped land -- it's their homes of course. So, that stub road is -- is required by the highway district. Now, as far as the -- the gates versus the bollards, everybody -- the fire will allow a gate, but the typical gate for a fire road would be single metal bar and what that is is -- is just for the ease of the men or women opening up the gate after they unlock it. Now, the bollards in the new world -- they are all one -- one style. They actually rotate down on a hinge system, but you still have to unlock it. So, you still have to get out of the vehicle for that. The gates wouldn't achieve -- this has been thoroughly vetted, you know, for several months, but the gates won't achieve what the neighbors want, because what the neighbors want would be a pretty heavy gate, which we can build and do, it's just -- it might be harder for fire to open. So, I think that's what your challenges are. Your fire did give -- on the north one saying they won't need -- even though that Meridian City Council April 24, 2018 Page 11 of 87 goes to the same emergency access point, that they could just survive and live with the south one. So, that really had gone through -- so, it could be a gate. So, I want to clarify that when I keep saying bollards, but that gate -- and it could also be a chain across it, but I don't think that achieves what the neighbors are thinking as well. Borton: Jim. So, the northern stub is to be fenced? Conger: It will be -- Borton: A solid fence? Conger: Sorry. I jumped in on that fast there. I thought it was Jeopardy. But, yes, that -- that north piece is allowed by your fire department to be a six foot sold fence. It will not be for secondary access or emergency access. Borton: Sonya, can you remind us how many -- what's the requirement on -- that secondary access, how many units can be built before one is -- 30 units. Allen: Anything over 30 units requires a secondary access. Borton: So, the reason for the question is we have less than 30 structures here that are attached housing, so not certain -- Conger: Can I -- so, it's -- it's 30 dwelling units and we also have a 550 foot length issue, but we do have an approved turnaround. We have a hammerhead at the end of that. So -- so -- so, your -- your fire department does have the hammerhead, they just wanted that additional security of the being able to come off Wingate as well. So, could it -- could it be a solid gate? I suspect your fire department might -- might concede that at some point. I'd hate to have it conditioned that way in the approval tonight, but -- but meeting with them again would certainly be an option, but -- but how we have it stand in thoroughly vetting it out to get the right configuration is the south one needed to be a -- a quicker access, either the metal gate which is kind of one bar, the chain, or the bollards. Milam: Mr. President? Borton: Mrs. Milam. Milam: Jim, it seems like maybe there is somewhere in between, like some kind of compromise that -- I can envision a -- like a three bar fence that would still be easily openable by the Fire Department. It will deter people from riding bikes, walking, because they are going to have to climb between bars. They could still, if they really want to, get through there, but they are going to have to work a lot harder for it and I think that they would -- if they really want to get over there they are going to get over there anyway, so -- Meridian City Council April 24, 2018 Page 12 of 87 Conger: Sure. Yeah. Mr. President, Council Member Milam, I think there is some way to make that work and still have quick access for the fire department and we have already committed and will continue to commit for -- and also placing no trespassing signs on -- at that point at our east boundary. So, if anybody does -- I mean they will have to call law enforcement and I know that's -- that's harder and half the time it doesn't work, but it's one more thing that we can do and we are doing that anyhow, but -- so, I think there is some -- some middle ground there that could still be made to get everybody remotely satisfied. Borton: Council, any other questions? Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Sorry, I almost called you Madam Mayor. Habit. So, the connection is -- is needed to satisfy the city and ACHD, but the -- the need to have access to it for fire is a -- is a fire condition; right? So, how does that work? Is there -- do we always no matter what do what fire says? Is there situations where you say, hey, this will be a connection some day -- Conger: I do. Palmer: -- but for now -- Borton: I don't -- Mr. Palmer, to piggyback maybe on the question is if you have got -- if a rule is that we utilize that, you know, 30 units and, then, a secondary access is necessary for emergency purposes and in this context, right, if these were 25 single family residences, we wouldn't have this discussion. So, we have got 25 attached units -- you have 25 structures. So, it seems like that rule might not necessarily apply in this situation, which would afford some flexibility to allow the neighbors' concern, which I don't believe you object to necessarily, you provide fence on -- on both stubs properly marked, so long as the concerns from fire. So, is there something unique about the number of units, even though they are attached, which still necessitates the emergency? Fedrizzi: Council Borton and City Council, there is -- the density is really what drives life safety and you have a lot of people in a very small area and that's why -- why the secondary egress is important on those over 30. That's the benchmark for it, is to get the resources into that area that are needed to -- so services those 30 plus is -- is a matter of real estate, is we can't get all our crews in there to facilitate the rescue if needed and fire suppression in a limited space and that's why the fire marshal asked for the second egress and entrance, so we can facilitate that. So, that's probably -- life safety is the biggest -- biggest issue. Borton: Thank you. Meridian City Council April 24, 2018 Page 13 of 87 Allen: Excuse me, President Borton. After thinking about this a little bit more, I think that the reason that that secondary access was required is because fire code requires a turnaround or through access if the -- if the roadway is longer than 150 feet in length. So, I believe that's why that condition was placed on this one and -- and the city does require a -- is requiring a stub, as well as ACHD, to the properties to the east. So, that's why a cul-de-sac was placed in there. Borton: Okay. Allen: An alternative might be to provide a -- a turnaround on that last lot or something, but if you want to leave them some wiggle room to work with the fire department further on and -- you know, that might be something. But they might allow in this case -- I'm not sure if they did discuss a fence -- or I mean a gate with them or not, but it doesn't appear this one reaches the 30 dwelling units, so -- Borton: Okay. Thanks for clarifying. Council, any other questions of the applicant or staff? Fedrizzi: Councilman Borton? Borton: Yes. Fedrizzi: Just in contact with the fire marshal and he's not opposed to the -- the fence with a Knox Box lock on it. That discussion -- he's willing to have that discussion in -- in place of the bollards. So, that might be some kind of middle ground for -- for this issue. Borton: Okay. Thank you for sharing that. Conger: And we are fine with that. Borton: Okay. Great. Thank you. Conger: Thank you. Borton: Council, any questions? Anything else needed on this application for discussion? Oh. Sure. Come on forward. Go ahead and state your name and address. Thanks for coming. Thompson: Roberta Thompson and I'm at 2950 Wingate Lane, right across from it. I guess my question here is not to cause any antagonism or anything, but I am wondering why Wingate is an option. I mean it's a private lane. If you were building a subdivision somewhere else without a private lane next to it you would figure out how to get that other egress within your subdivision. So, I'm wondering why Wingate Lane is even an option, you know, as far as using it and kind of causing the problems that with -- with the animals and the different -- you know, the safety issues and that. It is something that Meridian City Council April 24, 2018 Page 14 of 87 we don't really want to have to police, you know, as far as -- and we care about these little kids and these people that are coming over there and whatever and if there was any -- a better way, you know, to keep them from -- maybe to just discourage them from being there. We don't want anybody's house to burn up either. We have seen fire engines come down there and they are stuck, they can't turn around, they can't do anything except go out into Packard Subdivision and, then, wander around in there. So, it's just too small of a lane to really be a good use for the -- for a fire engine. So, that is my question, the question of why is that an option when it's a private lane and -- and I don't think it really would help you that much. So, thank you. Appreciate it. Borton: Thanks for sharing that. Mr. Conger, do you want to come forward again, you do get the last word and it's an opportunity, probably, to answer discussions you probably had with planning staff to look at what options are available for you. Conger: Yeah. Mr. President, Members of the Council. So, yeah. No, this development meets its requirements and turnarounds. It has -- actually has a hammerhead instead of a cul-de-sac. That's why those lots are extra wide at the end of that same stub road. So, as far as meeting those requirements we -- we didn't ask for any waivers, any variances, anything of that nature. The lane that everybody keeps talking about does have -- is blocked off into Packard Estates to the south that you can't see on this, but -- but on the Ariel. So, your -- your emergency services do have an electronic gate at that point for Wingate Lane. We think -- the fire marshal actually called in, so we think that's workable to figure out how to do a gate that's solid and if they are good with that, I have already been on the record that we are totally fine with a solid gate. We would probably prefer that as well. So, it sounds like we have already resolved it with the solid gate. The applicant and me will go back and meet with the fire marshal and get it -- get it figured out. I think that's wins for everybody. Borton: Thank you. Conger: Thank you. Borton: With that, Council, any other questions? Okay. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Anyone dying for any further conversations? I move we close the public hearing on Item 8-A. Milam: Second. Borton: It's been moved and seconded to close the public hearing on H-2018-0012. All those in favor say aye. Thank you. Meridian City Council April 24, 2018 Page 15 of 87 MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we approve Item 8-A, H-2018-0012, include all staff, applicant, and public testimony, with special consideration that the applicant will bring -- work with fire for a suitable solid fence to create a deterrent for that secondary access. Milam: Second. Borton: It's been moved and seconded to approve H-2018-0012 as stated. Any discussion? Seeing none, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing for Summertown Subdivision (H-2017-0142) By 745 W Ustick, LLC, Located at 745 W Ustick Road 1. Request: An Annexation and Zoning of 15.13 Acres of Land with a TN-R Zoning District Borton: Next item on the agenda is the Summertown Subdivision of H-2017-0142, request for annexation and zoning. We will begin -- open this public hearing and begin it with staff comments. Josh. Beach: Good evening, Mr. President, Members of the Council. Before you this evening is an application for annexation and zoning. This site consists of approximately 15.13 acres of land. It's currently zoned RUT within Ada county. It's located at 745 West Ustick Road. The Comprehensive Plan future land use map designating is mixed use community. The applicant's request tonight is for annexation and zoning, as I said, of that 15.13 acres of land and -- with a proposed TN-R or traditional neighborhood residential zoning district. I will note that the TN-R zoning designation lists multi-family developments as a permitted use and, therefore, there is no additional public hearing required. Typically with multi-family projects there is a -- there is a conditional-use permit application as well. So, with this particular application we asked for -- in greater detail a site plan, landscape plan, and elevations, so you will see those this evening. Commission did recommend approval with conditions. A conceptual development plan was submitted that depicts a 272 unit multi-family project, consisting of ten multi-family structures. Those are three and four stories in height. A clubhouse. And the nine single-family residential lots on the south boundary. Approximately three acres of open space, including the following amenities: A pool. Two play structures. A clubhouse. A Meridian City Council April 24, 2018 Page 16 of 87 patio. A dog park. And a water feature. I will mention that since the Planning and Zoning Commission staff became aware of an issue with the particular annexation. There is a boundary dispute between the current property here -- I will show you on the aerial map here a little bit better. There is a property dispute between these two properties, the property that you see with the RUT and the property to the east, zoning of C-2 in Ada county. The legal description for the property to be an extend -- is not the actual complete parcel. There is a portion of the parcel left out of the annexation request, which would create what is commonly known as a spite strip, a portion of the property would be in the county still and a portion -- a larger portion would be in the city. It's not something we typically like to do, so we have analyzed that with the applicant and felt that that was something that they either needed to request to be continued to address the issue with both county still being in -- or both properties still be within the county. That seems like the logical step is figuring out with the county -- they opted to move forward tonight and ask for potentially some conditions to mitigate that concern. The moving on -- the Meridian -- as I said, the Meridian Planning and Zoning Commission heard these items on several occasions. On the 7th of December, the 21st of December of last year, the 4th of January, February -- the 15th of February and the 15th of March of this year. Most of those were due to continuances. The applicant's representative Kent Brown was in favor. Adam Garcia was in favor. Shannon Robnett was in favor. Joseph Simunich was in favor. In opposition was Vita Ballard. There were several that commented that did not state their -- their position, which were -- Vita Ballard, obviously, was in opposition. Bill Jackson. Cathrine Garcia. Tyler Moss. Adam Garcia. Kent Brown. Shannon Robnett. Tamara Heron. Written testimony prior to the Planning and Zoning Commission was received by Bethany DeWitt. Carrie Hovey. Dan Adams. Diane Ryssel. Kira Kernin-Loya. Lance Mertz. Lin Pyles. Mari Jo Hessler. Rosemary Taylor. Ryan Kruger. Susan Littlefield and Tyler Moss. I, myself, Josh Beach, was the staff that presented the application, with additional comments from Bill Parsons. Issues of public testimony were the large number of apartments being constructed in the area. I will -- apologize -- show you the elevations here. These were what were shown to the Planning and Zoning Commission at the previous hearing. Since then we have received some additional conceptual elevations from the applicant, which are here showing what those -- what those could look like. So, again, key issues of public testimony were the large number of apartments being constructed in the area. Potential traffic congestion in the area due to the increased number of apartment units. Key issues of discussion by the Commission were why the proposal change from senior housing commercial and multi-family to just multi-family. Another question where are four story buildings appropriate for the parcel in relation to Ustick and existing single family homes. Is the transition to the existing single family homes appropriate. Commission changes to staff's recommendation were they modified Condition 1.1.1D to read as follows: Prior to the Commission hearing the applicant shall provide greater detail with further development to ensure that the architecture complies with the architectural standards manual and limited a portion that says property shall be subdivided prior to receipt of any building permits for the project. Modify Condition 1.1.G1 to read as follows: The northern access to Venable shall be utilized as an emergency access only. So, going back to the site plan that would be the accessed proposed in this location due to its proximity to Ustick and emergency access Meridian City Council April 24, 2018 Page 17 of 87 it makes the most sense there. Also eliminated condition 1.1.1G7. And, as I said, the outstanding issue before the Council tonight is the -- as I described earlier about the property boundary dispute. Since the Planning and Zoning Commission we received additional testimony from Kira Kernin-Lola, Lin Pyles, Susan Littlefield, Mari Jo Hessler, Carrie Hovey, Diane Ryssel, Bethany DeWitt, Dan Adams, Ryan Kruger, Lance Mertz, Rosemary Taylor and Chris Williams. With that I will stand for any questions you have on the -- the application. Borton: Thank you, Josh. Can you -- is this the -- the depiction that resolved that 1.1.1.D, the greater detail? Beach: Right. Borton: Is it? Okay. Council, any questions of staff? Does the applicant want to come forward. Welcome, Kent. Brown: For the record Kent Brown, 3160 East Springwood, Meridian, Idaho. Josh, can you go to the picture I got of the -- the neighborhood center. The difficulty I see in moving a project through like this is that the comp plan calls out higher density at the intersection of Venable and Ustick Road and, then, trying to do that creates an issue with the neighbors and what their uses are and -- and then -- and everybody understanding it and the interesting thing is about -- looking at the -- the comp plan for this area, we are only 21 percent of the residential portion of what would be the existing after -- if -- when approved we would be at 21 percent of the existing residential that's there. With -- with our approval we end up being 8.4 units per acre for the neighborhood center for the residential components that are there. The interesting thing is that the development that you just approved was eight units per acre and the reason being is that a lot of the neighborhood center includes the neighbors that are here testifying, both to the east and west of us, along our southerly boundary. Part of the city park is in this -- the same area and the thought process you can see from the city in the Comprehensive Plan is that you have a park, you have schools that are close. The housing that surrounds us in an area map, Josh, someplace, that area map around us shows that there are higher densities of the residential neighbors that are adjacent to us and those increases are near this neighborhood center. The apartments that are directly to the west of us where it says 980, those apartments that are in that area, they -- they have 80 units and they have 16 units per acre. Our overall density is 18 point something units per acre. So, we are very similar. Also in the Planning and Zoning Commission there was a discussion about the buildings and the -- the height of the buildings. Everybody kind of was stuck on -- that there were four floors versus the allowance in your code is that we go to 40 feet. W e have the buildings under 40 feet and they ask that we maybe take the perimeter buildings -- Josh, if you can go to a -- that colored site plan. The ones along Ustick and along Venable we agreed to step down the building, so that it wasn't just one big mass as you looked at those -- those renderings that were submitted, the ends of the buildings go down a flour creating a balcony up on top for the center part of the building. Our neighbors that are to the south, Sedgwick Street, it's at the bottom here, the closest that we are to any of the Meridian City Council April 24, 2018 Page 18 of 87 neighbors with the multi-family portion of our -- our project is over 235 feet away to where we get to the multi-family building. We have the open space planned in the center. So, if you're coming down Venable, you come to the one and only entrance that we have to our project, which takes you right into the clubhouse, pool, and the amenities that we have in the center. Then we have the buildings along the street, just like many of the other projects that you have out in this area along your major road, creating this open space for the residents to enjoy on the inside. We have along our southerly boundary of the apartments, north of the street that goes east-west -- whether that's going to be called Stanhope or not I don't know, but we have garages planned there with landscaping on the other side of that. So, the intent was -- is to try to buffer our neighbors in -- in our design. This is about the 18th version of this project that we went through. If you look -- and I'm just going to walk you around the side, but in our northeast corner of the site there is a commercial operation there in that C-2 area. The parking lot is adjacent to our building. Then we have our buildings across the street from commercial that's on the other side of the road and the city park. Then we go down Venable. We are next to the apartments. The interesting thing, even though those apartments aren't as tall -- aren't -- it doesn't have as many floors, there is only five feet difference in the height of the buildings between us and what those buildings are. Then along our southerly boundary we have single family homes. We have a storm drainage pond and as I, then, said, going to the north we have over 235 feet before you get our first building, the multi-family building. And, then, along our westerly boundary we didn't stick any of the buildings next to that property line, because how that will develop in the future we have kept our buildings away from that and have parking along the edge with the landscaping. The intent of this overall design was to try to get as much open space as possible, so you make the buildings bigger. We could have less -- we exceed your open space requirement. We could have shortened our buildings and filled in that -- some of that open space, which is I think what you guys are used to seeing, of people coming in. We chose the opposite. We made our buildings go up. It's something that we are familiar with doing when we do projects in Boise. You make the building a little taller and, then, you have more open space. We -- the parking that's here adequately parks the number of residents that would come in the future and our intent is to try to comply with your Comprehensive Plan for the neighborhood center. This neighborhood center is almost completely built out. There is a few properties to the east of us that haven't been built on. There is one property on the north side of -- of Ustick that is south of the ditch, the drain, that is still vacant. They have a commercial sign on it, which kind of matches what is taking place in that area. So, that's all I have. I can stand for any questions. We do have the traffic engineer that has done the traffic study for a total build out of this project if you have any questions on that. Borton: Thank you, Kent. Council, any questions of the applicant at this point? Brown: Thank you. Borton: Just one quick question for staff. Oh. Mr. Cavener. Kent, you're back up. Apologize. Meridian City Council April 24, 2018 Page 19 of 87 Cavener: Thank you, Mr. President. Kent, this is the first time that I have -- I have seen something like this. Can you give us some -- some background on this -- I think it's a spite strip issue that staff talked about and your reluctance to want to continue until it's resolved. Get me caught up to speed on this piece. Brown: What -- what we have is -- on this drawing -- Josh, if you would take the -- the ones that kind of look blue, the building, that's the roofs. Right there. They built the -- they built their houses -- or those buildings on our property, so they hang over the line. We could go through a property dispute and try hammering that out. Developers just have a tendency to -- it's easier just to give them the ground. Well, that always pretty much works, because they are RUT and we are RUT, but this property is a commercial use. So, for the county to take it it needs to be changed. So, we need to do a rezone for a 20 foot strip of ground that we are giving them to resolve any future land issues with them. Realistically we could have gone forward and, then, argued about this out building that they have that's over the line. It's -- it is going to cause us a delay, because we have to go to Planning and Zoning at Ada county and we have to go to planning -- and to the board for them to make that decision. We have had a neighborhood meeting. We have scheduled to -- you wouldn't believe all the red tape that developers go through, but we can't submit our application, because we don't have a pre-app meeting. We have done everything that is required to submit the application, but we have to have a pre-app meeting. So, if we comply with the pre-app meeting they would accept our application somewhere around the 15th of May and, then, we go through a couple months process. You guys have six months and -- I think is the -- the ordinance that Commissioner Borton -- Councilman Borton put in place a long time ago for us to work this out and get it rezoned and do a property line adjustment, give them 20 feet. It's about 4,000, 8,000 square feet. Does that help? Borton: So, Kent, is the proposed solution that if this were to go forward that the annexation -- is it officially approved by ordinance until that gets completed? Brown: I know that my client would like to speak about that. If we have a condition that gives us a time period to work on that -- I mean because it -- it should happen. There isn't any reason why it shouldn't happen, but it's like saying, you know, if you have been to those Council meetings when you go -- they normally eat Italian food on Tuesday nights and they must have had Chinese, because their decisions didn't all come out the same. So, I don't -- I can't say what the public body is going to do. But it makes total sense. I -- I'm not a betting person, but I would bet on this happening. Borton: That's the -- the request I guess? Brown: Yeah. Borton: Okay. Brown: To give us some time to go do this property line adjustment and, then, move forward. That's the only purpose. Meridian City Council April 24, 2018 Page 20 of 87 Borton: Okay. Mr. Nary, can you maybe articulate that a little clearer than I did as far as what option, if any, there could be to -- if there is progress tonight that doesn't really get it over the finish line until it's resolved with the county? Nary: Mr. President, Members of the Council, I guess I'm not totally clear what the applicant is asking for. If the -- if the objective of the Council is to grant this, ultimately if the property line adjustment is done, then, the cleanest thing in our process is to continue this until that's done, because, otherwise, it requires the city staff to go, then, verify the county's process and whether it's complete. Right now we get a -- a property description as a legal description of the property, which right now isn't accurate, because the does include this portion of -- Brown: It does not. Nary: I'm sorry? Brown: We never included it. Nary: Right. So, we don't have a way to create a -- a usable development area, because we need to have a property description. So -- Brown: Can I interrupt you, Bill, there? Nary: No. Let me finish -- give me one second and just to answer President Borton's question. Our normal process is we would have a property description that would be attached to the development. The development gets signed. The ordinance gets published -- or gets sent for approval. What they are requesting is outside of that normal process and as we have seen in the past, those are when the hiccups occur or errors occur or something happens later. So, the cleanest from -- from a legal perspective would be finish their property boundary adjustment, give us a clean property description and, then, the Council, if you're comfortable, can approve it. You can't contingently approve annexation, so you really are delaying a decision either way, because if you're saying we are willing to approve this but for these conditions working out. If they don't work out, I don't know what we have. I would rather you decide when you have it available to annex cleanly without issue, to, then, approve it and, then, it goes through the normal process. So, sorry to cut you off again. I just wanted to finish that train of thought before we got into more questions. Borton: Thank you, Mr. Nary. Yeah, Kent. Brown: So, the annexation description that we submitted does not include this strip. Never -- never has. We -- we recognize that that needed to have a property line adjustment. We thought we could just submit a property line adjustment that takes -- it's an administrative -- it takes 30 days to do type deal and have the -- that work all done and the hiccup in this is that they don't want to have a parcel that has two zones. You -- Meridian City Council April 24, 2018 Page 21 of 87 you're kind of the same. The city doesn't like that either. So, we -- we intended to do the property line adjustment, have all the work done -- Borton: Sure. Brown: The landowner -- the current landowner -- I don't know that necessarily wants to give property away. The future landowner is agreeable to giving the land away, but he doesn't want to do it if he doesn't have an approved project and so there is -- there is kind of the catch is he's not buying the ground if he doesn't have an approval -- Borton: Sure. Brown: -- which would make the strip happen. Borton: So, let me back up with a couple other questions on this. Brown: Okay. Borton: And let me clear this. There was -- there was comment on size of the buildings and I don't know if I heard you correct, but where the buildings along Ustick and Venable change to be the three story -- Brown: Two and three story. Three and four story. So -- Borton: Which is which if you -- is there a way to -- Brown: Three and four story. What they did is they -- we stepped down the ends of each one of the buildings -- there. That's designed so we have a four story, then, we have -- also in the middle we have step-downs on them. So, there is a four story above, but, then, there is balconies that are -- Borton: So, they are -- they are four story, they are just -- have balconies on the ends of them. Brown: Yes. Borton: Okay. Along Ustick and along Venable? Brown: That's correct. Borton: Okay. And, Josh, if you could put back up the site plan. Give us some discussion on the connection between what looks to be Stanhope that southwest corner property adjacent to you. Brown: That's Mr. Simunich. To the south of us? Meridian City Council April 24, 2018 Page 22 of 87 Borton: No. When you see east-west, Stanhope Drive. Brown: Yeah. Borton: It goes into Venable Lane and talk about why the design doesn't continue that through, but it looks as though there is a jog -- Brown: It starts to jog. Yeah. Borton: -- just 50 feet south. Brown: The -- the discussion was -- is that the highway district -- part of -- they were okay with the -- the location at -- where we have it, not aligning with Stanhope. Their concern was that we would have to get additional right of way from the landowner to the south of us, Mr. Simunich, to complete that right of way. They didn't feel that they could compel us to do that. We have approached Mr. Simunich -- he's even here today -- about keeping it straight, instead of putting a couple of S curves in there and that also helps us in the standpoint that there is dedicated right of way on our side of the road going down -- that we wouldn't have to go vacate. So, it -- it allows us to take everything to the south of where our stub street is at that location -- is going to end up being ACHD storm drain pond and Mr. Simunich's driveway until his property redevelops at some later time. There isn't a need for the street to go south to Mr. Simunich. In the staff report there is a connectivity map in there that shows that this road connection doesn't -- doesn't serve anybody and isn't needed and the highway district doesn't want Venable to extend south of our -- our street. Borton: Okay. Brown: Did that help or -- Borton: It did. Brown: -- did I confuse the point. Borton: No. It helped. Brown: Okay. Borton: I figured there was a story there. Josh, is there anymore to add on that? No? Okay. Any other questions of the applicant? Okay. Brown: Thank you. Borton: Thank you. Mr. Clerk, members of the public signed up to testify? Meridian City Council April 24, 2018 Page 23 of 87 Coles: Yes. Thank you, Mr. President. First on the list Dawna Ray -- I think that says McNair. Signed up against, wishing to testify. Borton: Welcome, Dawna, thanks for coming tonight. McNair: Good evening. My name is Dawna Ray McNair. I live at 2692 North Sommersby Way in the Crossfield Subdivision. First of all. On Venable Drive all of the roads on our side of the subdivision have gates on them. We are not -- we have no access to Venable from our subdivision. So, it kind of upset me when even the -- the apartment complex that's in front of our subdivision -- they were denied access to Venable. So, they have to go through our subdivision to enter and exit and that's the way theirs was designed. That's why you -- you, the board, told them they had to build it. So, it upsets me that you now are changing your mind for a bigger complex, which is going to be a direct path -- walking path from my -- from this subdivision -- or from this subdivision, which is apartments, all the way to Tully Park. I'm already getting vandalism in my front yard at night from kids that walk through the three subdivisions that adjoin ours and now you're going to add a subdivision where there is no ownership and that's my only problem. I don't care if you had seniors living there or if it's single family dwellings, but because there is no ownership there -- people who have no ownership don't care about people who do. They really don't. I'm from L.A. and I have seen it. I have lived it. And I understand Meridian wants to grow and God bless you for wanting to grow and I'm glad we are on all these lists, but let's not forget why are there and I think sometimes we forget or just so excited to build, build, build, but we are losing why Meridian is so great and I -- I just -- I love that small town feel and think we are losing it and you put this big building, which looks like it belongs in -- in downtown L.A. or in downtown Boise even and I feel like that we lose that small town feeling and that's just my opinion, and -- but that's -- my concern is the vandalism is going to happen in our subdivision. I mean we have a pool. We have a park there and we already have problems with people coming in from other places and vandalizing our property and we are having to put security cameras in our subdivision right now to protect ourselves from this intrusion from other areas. So, that's all I have to say. Borton: Okay. Thank you very much. Coles: Susan Littlefield signed up against, but no indication of testimony. Borton: Welcome. Thanks for coming tonight. Littlefield: Thank you. My name is Susan Littlefield. I live at 2968 North Fairglen in the Crossfield Subdivision and I just don't feel that we need a complex of this size when already at McMillan and Meridian are -- I think it said 280 unit complex and they are three stories and we are talking four stories. I just -- it's not something that I feel is acceptable to the area, just to be honest. It just doesn't make Meridian feel like Meridian. Also, the -- the access to our subdivision -- I think people will perhaps avoid turning onto Venable if it's crowded and they will start coming through our subdivision, the Crossfield Subdivision, to get to their -- to their apartment units. I know the Meridian City Council April 24, 2018 Page 24 of 87 discussion was for parking for 500 vehicles. That's a lot of cars to add onto Ustick. Also schools. If we are going to be adding that many people, families with children, it seems to me that, again, with those apartments on McMillan and Meridian, that's a lot of kids to dump into the Meridian School District. I noticed on Meridian Road -- and I'm not real good on directions, but between Fairview and Ustick, I see an apartment complex and it always has now renting. So, it doesn't seem like there is a huge need for more complex -- more apartment complexes. So, that's my concern. Thank you. Borton: Okay. Thank you for coming to share that. Coles: Next was James Littlefield against, but no indication of testimony. No? Borton: Okay. Thank you, sir. Coles: Etta Helen Hill signed up against, no indication of testimony. Cathrine Garcia. Oops. Borton: Come on forward. Thanks for coming. Hill: Good evening, everybody. Borton: Good evening. Go ahead and -- Hill: Nice to be in a council meeting. I haven't been for a long time. Borton: I'm going to have you grab the microphone and get a little closer to it. Hill: 2968 Fairglen. Borton: Okay. And what was your name again? Hill: 2968 Fairglen. Borton: Oh. No. Your name. I apologize. Hill: Oh. Etta Hill. Borton: Okay. Thank you. Hill: I saw the pictures, the apartment complex. I'm sorry to say it's the ugliest picture I have ever seen in my life. Oh, I know an artist would probably turn over. And the traffic here is horrendous. It's unreal. And, like I said, they are going to put four -- I may as well move to Boise to have a four -- four floor apartment complex with 500 cars -- you can't even get in and out now without a delay. And to have that much moving -- and like she said that the school system -- how many more children is going to be in that big of an apartment complex? The school bus has to pick them up now and they have to have Meridian City Council April 24, 2018 Page 25 of 87 five or six more school buses added to the school district, it will costs you more money. So, I really believe that -- it's a subdivision -- and in the original thing it was supposed to be, if anything was built there, it would be a complex for senior citizens and maybe you ought to resort back to that original plan or tell these developers to learn how to be able to make them pretty instead of ugly. Please. Thank you. Borton: All right. Thanks for coming. Coles: Cathrine Garcia against. Would like to testify. Garcia: Bring my notes or I will forget here. Cathrine Garcia. 2970 Northwest 8th Avenue. I am the property that is on the corner of Stanhope and Venable and Northwest 8th Avenue. I am the property that Stanhope connector will dead end into and, hopefully, in wintertime I don't have any cars that slide into my backyard from that. Borton: Can you hold on real quick. Josh, can you put a pointer where -- where your property is? Garcia: Yep. Borton: Okay. Garcia: Yeah. That's my property. Borton: Thank you. Garcia: So, I'm going to address some facts tonight. I know these are nice and I'm definitely -- when we bought this property, looked into it, zoned rural, looked at this road, saw the sign that says the road was going to continue through. Felt that the reasonable expectation was that Stanhope would carry simply directly across. So, worst case scenario there is not going to be a lot of -- a lot of traffic carrying beyond south of Stanhope. That apparently is -- is not the case. So, there is a need for apartments in Meridian. I feel that Meridian is addressing that need. I spent my Saturday perusing the public records for the 18 months prior to December of 2017. From what I could find, because it isn't always clear what a project -- what project is going to have apartments or high-density housing, because they will be called subdivisions. From what I could put together in 18 months prior there was a minimum of 3,000 units. So, basically, anything that is deemed a townhome and -- a townhome -- townhome, four-plex, duplex, apartments, things of that nature. Three thousand units have been approved and that -- and that doesn't include anything that has been addressed this year. My question is what is -- and the county's here, so I'm going to kind of call the county on the carpet for this one, too. The last that I saw as well was that there were master plans put in place as a 2,000. There has been time to widen the roads before everybody moved in. There has been time to get Meridian, which is deemed a highway, wider than a two lane country road. We are now in excess of 100,000 people and growing very, very, very, very quickly. You're in every single news article on a weekly basis, which is great, but Meridian City Council April 24, 2018 Page 26 of 87 one of the things they are coming here for is quality of life. If the roads are not widened there isn't quality of life. It's a safety issue. All up and down Meridian between Ustick and Fairview children are waiting in the wintertime in the dark. People will come through all those back neighborhoods from this complex, coming out -- whipping out -- there is going to be a lot of traffic and it's going to -- it's a concern with the height of invasion of privacy into my backyard, into my neighbor's backyard. There is a lot of children. There is nothing along Ustick that is this tall. I understand that they are within code, but it's in excess of anything that is along Ustick. Thank you for your time. Borton: Thank you. Josh, can you comment briefly on the ACHD condition of approval with improving Venable Lane from Ustick to Stanhope to a full street. Beach: I will have to look at the condition. I don't remember exactly what it is. But I can look that up and -- Borton: I will come back to that. All right. Nary: Mr. President? Borton: Mr. Nary. Nary: While he's doing that, could I kind of make an additional comment based on the last thing Mr. Brown said in regards to the -- in regards to their property description. So -- this is not to fault anybody, but realistically this application should have never been accepted. We normally required that they provide a legal parcel of record that we can annex. What they provided is a legal parcel of record that they would like to achieve at a certain point in time that isn't today. We have never accepted applications of what you would like it to be eventually, it has to be what exists as of today when you apply and that's concerning to me, because that's a precedent that we have never allowed someone to simply submit an application based on a parcel drawing that they would like to have be a legal parcel of record, but it doesn't exist at that point and the -- the door opening of that -- and I understand we are far along in the process to have this discussion with the applicant and what their intentions were and I totally believe Mr. Brown that they thought this would get taken care of, but they didn't, and we don't normally allow anyone to apply to an annex with a parcel that cannot be annexed as they have described it, because it technically doesn't legally exist yet and that's a little concerning to me, that even just continuing the matter and hoping it works out is a great concession, but I don't know how in the future the staff tells applicants you can't bring us something you would have it to be, you have to bring us something that already exists and that's really a problem that -- again, we are a lot further in the process than we normally would have been and for whatever reason -- and it doesn't really make any difference now -- we probably should never have accepted this application at all until they did exactly what they are trying to do, which is sever the parcel, create a new parcel of record, create the property boundary adjustment and all of that. Once that's all done it's a legal parcel, it's not an issue. But to just continue -- even continue it just to do that still sends a message you can come apply and we will try to work it out for you, Meridian City Council April 24, 2018 Page 27 of 87 when, really, it's on their -- it's on them to really do it. It's really the responsibility of the applicant, not the city. Milam: Mr. President? Borton: Mrs. Milam. Milam: Mr. Nary, so are you -- are you saying that what we need to do is deny this application and have him start over after they have the right parcel of record? Nary: Mr. President, Members of the Council, Council Member Milam, what I'm saying is that -- yes, if that was totally my decision that's what I would suggest. But I -- if you would like us to do it differently -- understand the concerns of the person that you are setting to do that. You can legally do that. You can set it over -- if they get it worked out -- what I'm more concerned with is approving it contingent on them doing it, because if -- if that's the direction of the Council and it doesn't get done, you have six months -- I think what Mr. Brown was citing, the six months to sign the development agreement. We don't have a six months requirement to do anything other than that. So, if the six months -- so, what happens in six months if they don't sign it and they -- and they don't get it done for whatever reason, what is it? I mean technically we would come back and -- and de-annex it and deny the application and create, again, another public hearing to do that. That's really what -- what would happen and that's not something we have ever done, it's just that -- usually we have a situation where we have done a legal annexation, they don't sign the development agreement, we notify them that their time period has expired and their application is now denied after a public hearing. We have only had that come up -- I would -- I can't recall. I don't know if Mr. Parsons or Josh know, but less than ten times in the time I have been here. That doesn't come up very often. But, again, it's a legal decision. The parcel is of record. All that stuff is done. This isn't even there. So, that's -- that's my concern. Milam: Thank you. Borton: Thanks for sharing that. Mr. Clerk. Coles: Thank you, Mr. President. Next on the list is Diane Ryssel. Signed up against, wishing to testify. Borton: Welcome. Thanks for coming tonight. Ryssel: Good evening. My name is Diane Ryssel. It's a German name. I'm at 2981 Northwest 11th in Meridian and I'm a homeowner there and I'm here, as with all -- all those who have talked before me -- and, actually, anyone you talk to, at the dentist office, at the grocery store, in church, where ever, the conversation continues is route back to the growth in Meridian and the Treasure Valley and the concern for lack of adequately developing an infrastructure that will support the building that's going on. I have been alive a long time and I have also been a part of development, real estate, Meridian City Council April 24, 2018 Page 28 of 87 and growth and the upside and the downside of it and it concerns me for what's going on here in the Treasure Valley, particularly in Meridian where I live and adjacent to the subdivision where I live. I'm concerned about putting in high density housing in an environment that is predominantly single-family housing and this type of structure, as others have also commented, cosmetically alone, let alone the amount of impacted population that would be coming out of those facilities. It's not a good fit. It's just -- it's something, as others suggested, belongs in a downtown area. It would complement that and be more suitable. High-density housing is not a good fit for this area. My biggest question to you folks is would you want this in your neighborhood? Would you want this adjacent to you? And I ask that you really consider that. If you are willing to support this for someone else, your constituents, would you also feel compelled and be compatible to having this next door to you. That's a huge question. For me, even though I am impacted by this, I would be here at a City Council meeting on behalf of someone else, because I do feel this is not a good fit for this particular area. Is there a place for high-density housing? Yes, there most certainly is. But it's not in this particular area. And also just because you can should you. And I really ask you to take that into consideration. Thank you. Borton: Thank you for coming tonight. Coles: Next on the list is Igor Osipchuk. And I'm certain I mispronounced that. Borton: Welcome. Thanks for coming tonight. Osipchuk: Thank you. Name is Igor Osipchuk. It's Ukrainian. That's close enough. I have heard many different ways. I'm here to say that I'm against this project. I live 2878 North Ridge Haven Way. I live in the subdivision right -- south side of -- of the development -- proposed development. I don't really like the four story that's wanting to come up there. In my opinion it doesn't really fit well. We are mostly single two story housing coming in or built already in there and the apartments next to us -- two story apartments and they kind of blend in with the whole surrounding areas. I'm not quite sure how we even got to this with the four stories being approved. I know at the Meridian Planning and Zoning meeting on February 15th staff report recommended that there is only two or three story apartments should go in in that area and to quote the -- that was the initial meeting and things change. They -- they brought out different -- different ideas. To quote from the meeting it says no multi-family structures should exceed three stories in height and the multi-family building in front of -- the front long public street shall not exceed two stories in height. Staff feels that it is not necessarily appropriate for the area and so we have asked them to reduce these down to three and two around the perimeter. That, obviously, didn't happen and at the end of the meeting on February 15th the developer was given a task to come up with a better design that would actually fit a little bit better to that area and the next meeting that was -- I believe it was March 15th the developer came up with this, which would be slightly reduced, but there is still four stories in there. In my opinion, even if they build the design with three stories, the design that he's providing it's not -- it's completely out of architectural design for the surrounding community and the houses on there -- kind of talking to some Meridian City Council April 24, 2018 Page 29 of 87 people that live around me, kind of showing them idea what's in there is some of the opinion that I have heard that the design almost looks like a prison. It doesn't really -- in my opinion it doesn't really fit in there. The developer keeps on bringing up the point that the apartment that's just a little bit taller than the ones that are right next to it. They are taller. They are five feet taller and they look different compared to what the other one that actually has a nice pitched roof that kind of blends in with everything else. So, you don't want to keep this. In my opinion it still doesn't fit. The four stories -- four story apartments they might be appropriate at some locations, but not in here. Originally this was proposed subdivision that would have 55 plus area and some multi-family and two story apartments and some commercial buildings, which that was crap. So, they didn't go for that proposal. So, to finish this, I would like to see this application denied all together and, if anything, go back to the original design -- the original proposal that was proposed to have 55 area, two story apartments and some businesses if all possible. I would personally like to see them denied completely. Thank you. Borton: Thank you. Mr. Clerk. Coles: Mr. President. Joe Simunich, with no indication for or against or neutral and a question mark in wanting to testify. Karen Boudine. Against. No indication of testimony. Tyler Moss. Against. Wanting to testify. Borton: Good evening. Welcome. Moss: Thank you. You need to build these a little taller. My name is Tyler Moss. I live at 2946 Northwest 8th Avenue. I live in the Crossfield Subdivision just on the southwest corner there by these. First off, I just wanted to say thank you to the wise counsel given that this should have been denied before it got to this point and I hope you guys listen to this counsel. A couple things I want to bring up. There are hundreds of units already approved to the apartments that are being built one mile north of this. There is also apartments on the corner of Ustick and Meridian Road, several units going in there and there aren't -- there isn't infrastructure -- I don't see the schools. We have a daughter we are taking her to elementary school three miles away on Eagle Road, because that's where -- that's where we are going. That's the only school that will house our daughter to go to. With all these going in if you put a population of say 1.5 kids per unit with this apartment going in and the units going in on the corner, that's about 600 kids and where are these kids going to go? There is no new school and there isn't plans for a future school to go in any in the near future and they say Settlers Park is a great place for some of these people to go to and enjoy. Settlers Park is already full. My wife goes there during the week and it's clear full. So, adding more people to the park is just creating more chaos and I just want to say on that southwest corner, you see those -- that road right to the back of our houses, I don't know -- the thought was that it would extend off of Stanhope and go straight and I don't know if any of you would want someone's lights going into the back of your home every night as they go in and out of the subdivision, as well as the noise that goes right in the back of our neighbors -- in the back of our yards. And one big thing that hasn't been really talked about is the transition. You see that southwest corner building, that is directly across from single Meridian City Council April 24, 2018 Page 30 of 87 and two story unit single-family dwellings. So, you go from a single unit -- a single level to a 40 foot high structure. I don't think -- I don't call that transition and they say -- I guess everything is according to code, meets code, but if you look at the surrounding area it doesn't really match up with what we -- with what we intend with Meridian. I hope you guys can see that and we have talked about -- it's only five feet high than these apartments just on the west side. The way that those are built, they are at peak at 35. It drops so the entire length isn't 35 feet. These -- the entire length is going to be that massive block. So, thank you for your time. Borton: Okay. Thank you. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I think for the benefit at least of Mr. Moss and some of the folks that are in the audience, there is an elementary school planned north of the gas station and west of Settlers Park and I believe that school is slated for construction as a result of the bond. Borton: Hang on. Ma'am. Sorry to cut you off, but everything's on the record. Why don't you come forward. Name and address again and -- Garcia: Sorry Cathrine Garcia. 2970 Northwest 8th Avenue. I believe it was asked at one of the Planning and Zoning Commissions -- went or Planning and Zoning meetings when they were going to put that school in. At that point in time it was -- I believe that it was stated -- and correct me if I'm wrong -- that there time set frame as to when that school would go in. Also with reference to that school going in, that dirt lot at present time is used as overflow parking for every single baseball, soccer, and lacrosse practice, anything that exists. The parking is already overcrowded at Settlers Park and you're not allowed to park on the street, which means all of the overflow parking from Settlers Park will transition into all of the surrounding subdivisions, so -- Borton: Thank you. Garcia: No. But there is no school -- it will take that additional time -- or additional space rather. It will take up additional square footage that at this point in time is presently used and correct me if I'm wrong, but there is no set date for when that school is slated to be broken ground on. Borton: Thank you. Appreciate that. Mr. Clerk. Coles: Scott Hill was next on the list against. No indication of testimony however. Shannon Robnett in favor, wishing to testify. Borton: Welcome. Thanks for coming tonight. Meridian City Council April 24, 2018 Page 31 of 87 Robnett: Mr. President and Members of the Council, my name is Shannon Robnett. I reside at 5103 Zamora, just a mile down the road, and I am the client. A couple things I would like to clarify on this project. We have more common area than required. We get that by going vertical. We have more amenities than we are required. We get that because we see the need for that inside of our own community. We have everything centrally located. All of the people that are surrounding us in the Crossfield Subdivision have larger lots than what are proposed in the rear. We could have done smaller. We just knew that that wasn't going to be the fit. There is no variance in your code that allows anything to exceed 40 feet in height. So, there is no opportunity for us at any point to get any higher than that. I'm currently under construction on a three story apartment complex at Meridian and Pennwood. We are three stories tall and we are 43 feet high. The property that everybody keeps referencing at Meridian and McMillan is in my backyard and I'm okay with that, because I knew it was there when I bought the place. But it's also taller than this and it's still only 40 -- or still only three stories. Everybody gets caught up on the stories. Everybody gets caught up on the three versus four and the reality is the -- what we have planned is kind of a penthouse feel on the top. So, you will enter the unit on the third floor, you will have the dining room, the main living area and the master bedroom, with the two bedrooms upstairs to allow you an outdoor living space that will be separated from the rest of the area. So, to say that there are four floors housing people is very correct. To say that all units will have an entry onto that floor as in four different units per, that's not exactly how that's going to work. The other thing that was brought up was the Crossfield Subdivision terminated -- those roads terminating into Venable. The reason that is is because that's a private lane. We complete that project. We complete that road and we allow that access to happen back out to Ustick when we improve Venable Lane at our expense. The schools. The schools are overcrowded. They were overcrowded when my kids went there. They were overcrowded -- they are even more overcrowded now. But we generate over three million dollars in fees with this project alone. We have a 2.8 percent vacancy in the City of Meridian right now currently and that's just with what's available. What's coming online doesn't keep pace with the development that's coming. But the real reason I wanted to speak with you guys tonight is about the conundrum that we find ourselves in and Mr. McNary spoke to -- or Mr. Nary spoke to as far as how we got to this point. We have it -- we have a parcel that in the county currently has a problem with the property lines that Mr. Brown will speak to a little bit further, but the problem is if we dedicate the area that's needed to correct the problem from the property that we have, that we create an illegal situation in the county, because now we have a property that the county has a piece of land that is C-2 on one part of it and is RUT, which is what our property is, on the other part. So, we have to go through that rezone process. The problem is the county will not take our application until they know that we are coming with the rest of the property to you guys. So, we are kind of in a circle that somebody has to do something and I understand that -- Mr. Nary's point that it's not ideal, but it is necessary that somebody says that at some point if you can correct this problem that has been existing for a long time -- and Mr. Brown will tell you that it started back in a survey back in the 1800s and it's never been corrected, that it's not our fault and it's definitely not the parcel's to the east of us fault, it's just something that happens that needs to be corrected and that -- that through that process with your Meridian City Council April 24, 2018 Page 32 of 87 indication that we would be approved, then, the county will hear us, because we create an illegal situation for them should we go through their process and, then, denied by you, so -- Borton: We are going to have you -- Robnett: I stand for any questions if you have them. Thank you. Borton: Thanks for providing that clarity. Coles: Justin Chase signed up against, wanting to testify. Borton: Welcome, Justin. Thanks for coming. Chase: Thank you. Justin Chase. I live at 2777 North Somersby Way in the Crossfield neighborhood. A lot of my thunder has already been heard, so I don't need to echo it. I would like to, again, speak to the school issue. My now five year old is getting -- my five year old is now hitting kindergarten and we cannot go to the school that we can walk to from our neighborhood, because of the population concerns already there. So, adding, obviously, a significant number of people into the neighborhood is going to impact the schools even worse. People mention people coming through the neighborhood and getting into our pool and stuff, just the 80 unit complex that was mentioned at the front side of the neighborhood. As a side note, I might add that that was actually not part of the original Crossfield neighborhood when it was designed. That was actually changed afterwards, adding in this higher density, right, and, then, now we are using that as a justification to change this to even higher density housing, if that's the right word, similar density. Excuse me if the numbers are not correct. We already have issues of people coming into our common areas and into our pool, hopping the fence, breaking things. We have had numerous repairs done to our pool facility and stuff and that's just from a smaller complex right there and we turn around and add another 272 units to the side of this. I understand they have a clubhouse and a pool and a playground. The existing one that is adjacent to our neighborhood also has its own pool and its own playground. They -- they don't care, they come right into ours and they break our stuff and it comes out of our homeowners association fees to, then, repair these damages that are done. So, it is impacting us and I believe that adding the additional housing units would as well, in addition to, obviously, traffic on Meridian and Linder Road, which is bottlenecked everyday anyway. I just believe that this is -- to tack onto some of the others, this is -- this is definitely impacting livability in Meridian and I really hate to see that. Palmer: Mr. President? Borton: Thank you. Palmer: Question for you. Sir. So, if you know -- be able to identify who it is that's doing damage to your pool, why aren't you pursuing -- Meridian City Council April 24, 2018 Page 33 of 87 Chase: I would love to identify the people that do damage to the pool. They come in the middle of the night, they hop the fence, they throw all the pool chairs into the pool, they come in and smash the gate, damaging the lock mechanism. We have had our lock repaired multiple times there. It's -- it's just -- I would say that in a bigger city that's just normal stuff that goes on when you have a lot of people around. I just feel that it's going to be exacerbated by adding so many people right next door that have a quick little walk right down to our facility. So, it isn't necessarily that people are getting away with it as much as it is -- somebody else mentioned we have to actually install security cameras now to try to catch people. But even then, you know, it's the middle of the night, can you get a facial ID, do you know where these people are, you know, who they are, that kind of stuff. It's just -- it's already an issue and it's just going to get significantly worse, so -- Palmer: Mr. President? Borton: Mr. Palmer. Palmer: So, you don't know that those who have caused damage to your pool have come from the apartment complex adjacent to your subdivision. Chase: What I can tell you is that we have -- I have personally caught people coming from the apartments into the pool area, into the playground and playing and -- and throwing rocks in there and things like that and have told the kids to get out of there and go back to their play structure and shewed people out of our pool. We try not to call law enforcement when it's our neighbors and we try to at least handle things personally to say, hey, this is our pool in our neighborhood. You guys have a pool. You need to stay over there. It just keeps coming anyway. So, it is -- no. I mean I know that law enforcement has been called and somebody in the neighborhood can probably verify that, but they have been called in the past to people there, but I can just tell you that -- that the middle of the night damage, I don't have proof that it is specifically coming from there, I just know that that's been that the area of the -- the most impact has been coming from there. The residents have pool keys. There is no reason for them to come in and break things and throw stuff in there. And I'm not saying that there is not some maybe teenage kids or something coming in there and just causing -- wreaking havoc. I'm not sure where specifically they are coming from, I'm just saying that having that happen and, then, adding an additional 500 people potentially is just going to make it worse I feel. Borton: Thank you. Chase: Thank you. Coles: Amy Kernin Laye signed up against with no indication of testimony. Borton: I think she's going to testify. Welcome. Thanks for coming tonight. Meridian City Council April 24, 2018 Page 34 of 87 Laye: Thank you. My name is Amy Kernin Laye. I live at 2762 North Fairglen Avenue. So, one thing to keep in mind is with the recent widening of Ustick it has made that flow of traffic much better in that area and is much easier to use, but there is no light at Ustick and Venable. It's a stop sign. And, then, a hundred or so feet down from Venable you have an entrance in and out of the gas station and, then, the other direction you have an entrance in and out of Crossfield Subdivision. To add 200 cars to this traffic in and out on a regular basis is a huge safety issue. My other concern is that you have added these children that now have nowhere to go and we have addressed the school issue before, but our subdivision has three schools -- elementary schools within a couple miles and none of the children are now going to those schools, because of overcrowding. They now send them to Eagle Road where River Valley is. There are schools on the slate for West Ada to be building that is not in the area of our subdivision. There in the Bainbridge Subdivision area and the Black Cat area. So, there is not an elementary school zoned for that area coming up in the near future, meaning the next three to five years. So, there is that issue to address. The traffic is an issue to address. And just the structure of itself, I understand that there are other apartment complexes. You have approved one on Corporate and Meridian Road, which is just towards the freeway going out there that is going up. You have got a large apartment complex going up at McMillan and Meridian Road as well and we have vacancies in all the apartment complexes around us. So, the need to have 275 units of density housing is not really a need in our area right now, because we already have multiple, multiple apartment complexes going up and we have vacancies in all of them that are around us at this point. So, my concern is the traffic, the light at Venable, which does not exist, and the overcrowding and the schools and the eye sore that it creates when you come to Ustick and you see houses and you see pasture and you see single story, second story homes and, then, you see this giant structure and I'm sorry that there is this vicious circle of county and city or whatever, but you have the opportunity to just nay this project right now and we can put an end to this county-city wheel that keeps occurring. The penthouse issue -- that's fabulous if you're in a downtown, but when you're overlooking someone's backyard and their privacy on a third or a fourth story, you can call it what you want, give it a fancy name, but, nonetheless, you're going to have people standing on the top of a building having a beer, shooting the breeze, enjoying their friends, all the while overlooking at your backyard while your children are trying to play, you might be trying to suntan, whatever it is. It's an invasion of privacy and it's an eyesore on this street. Thank you. Borton: Thank you. Coles: Mr. President, that concludes the sign-ups. Borton: Okay. Anybody who is here wishes to testify who didn't sign up or have additional comment you want to -- you have testified, but you have been raising your hand and you certainly have something else you want to add, so -- Garcia: Cathrine Garcia. 2970 Northwest 8th Avenue. With regard to Mr. Palmer's concern about who is exactly causing the damage to the pools, that is one issue that is Meridian City Council April 24, 2018 Page 35 of 87 not always easy to tell. I can tell you for a fact that I have called the police several times on drug deals that I have witnessed and watched the cars drive back up to the apartments right there on Crossfield. You can pull the police records. We call -- I have watched very inappropriate things that did not need to happen in the middle of the day on that little side street of Stanhope that, hopefully, thankfully, my boys weren't out front playing, as a couple was engaged in something else. There are issues already with the apartments there. There are issues with the -- I don't think that they are there anymore, but they would be leaving every five minutes -- starting from about 9:00 p.m. on they would leave every five minutes, drive up to Fast Eddy's, come back about ten minutes later and they would do this from about 9:00 o'clock until about midnight and it was the exact same car happening over and over and over again. Safety is a concern. The more people that come in here the more safety, the more drugs, the more issues are going to be. It is a matter of growth in large cities. I appreciate that the developer is trying to attract high end clientele. I just still feel that this particular development is just not appropriate at this specific location, so -- Borton: Thank you. Garcia: Thank you. Borton: For what it's worth, some of the reason that -- that a project like this gets located here and the city could be blamed, because a while back as part of the Comprehensive Plan process -- it was identified briefly by -- by staff in their presentation, but these neighborhood centers -- mixed-use community locations, right, we have planned to have greater density, maybe -- you may or may not constitute this type of application, but we have drawn, as you saw early, those -- kind of the big brown circle to plan for future higher density locations. So, right or wrong to a certain degree, an application may come forward to us within that region to be consistent with what we are telling the community that area should plan for. Not specific to this particular project, but that's what invites, you know, a higher density request, for what it's worth. Anyone else who has not testified who would like to provide testimony? Okay. The applicant gets the last word. Kent, if you want to come forward and address some of the comments. One of the questions as you go through the list of -- of some of the things that have been discussed that was touched on briefly tonight and in -- I believe in an e-mail as well was concerns with -- I guess the roundabout construction and safe crossing to the park across the street. Brown: If you want to talk about the roundabout and traffic, the traffic engineer that did the traffic study is here and I would like to defer to an expert if you -- if you want to talk about that. As I understand from just a brief conversation with him, with total build out of this we would be at a level C. The biggest thing that has taken place is the widening and the improvements that's taken place on Ustick to handle the traffic and, basically, the roundabout, as I understand from talking with staff -- ACHD staff -- has kind of gone away. They are not -- they are not asking for that. But he's available if you want him to talk before I do or -- Meridian City Council April 24, 2018 Page 36 of 87 Borton: Want to hear from the traffic engineer or -- Brown: If that would be beneficial. Borton: -- have Mr. Brown proceed? Go ahead and -- Brown: I think Mr. Robnett addressed a number of the things -- access to Venable, the development to the -- to the west of us as Crossfire didn't have access to it. They did put some of their property aside for right of way. The difficult part was that all of the property was on this parcel's side, so with -- with the development of our property it -- it gets improved and it's -- all the further that it goes down is to our east-west road that staff asked us to put, so that we can pick up these other nondeveloped parcels. You can see -- go back there, Josh. I know you're trying to help. So, if you look to the -- the south and west of us there is a stub street directly to the south of us and, then, to the east of us, I'm sorry, in that R-8 zone there is a stub street coming to those vacant RUT parcels and another one and, then, on the other side you have a dead-end street that also stubs in there. All of those are providing a connection. There is going to be a connection going to the north right straight across from the park and the reason for that connectivity that staff is asking for is that it works both ways, that the traffic is bound up at this location and further to the -- to the east and get that. I think the biggest thing as I have listened to the concern, we are asking for RUT zoning. That's what's next door where the apartments and those single family homes are at. We are proposing a similar type of scenario. We have this boundary that Mr. -- Mr. Nary talks about whether it should -- should be or is a legal parcel. I have only been doing this for 27 years and so I thought I really understood the rules and the parcel stuff and this one is just kind of different. You normally have a certain distance from section to section. This one's off just a little bit and what's interesting is as you look between us and Meridian Road, there hasn't been very much survey work that's been done that direction, so when they laid out the parcel they came from the section corner that would be at Ustick and Meridian Road and they went so many rods. If I remember correctly a rod is like 16 feet and so those rods created this, if you will, error and so realistically the parcel that's to the east of us, they match their -- their legal description and we match ours, because ours is tied in from coming from the west and tied in with Crosswinds and all of those others. So, we both have legal parcels, we are just trying to avoid any property dispute between the two, because no one's ever fixed the error and that's why when we found out about it we were submitting our application, we said, okay, we can fix this error, we can fix this error with five feet or we can -- we knew we had to do a property line adjustment and figured that they would have a problem with a building just being inches from the edge of the -- the boundary and so we gave them a 20 foot strip and the -- the whole purpose of it is to avoid anybody being drug into court over that. Do we have a legal parcel? Yes, we do. It's just depending on which way you -- you measure it. It would be impossible I believe for your staff to do what Mr. Nary has done. I don't know how many projects that I have done -- I can think of at least ten where we have a property line dispute where there is fences in a certain location and one surveyor -- they are very -- they are Rednecks -- all of the surveyors are all Rednecks and they -- they just will stand behind what they say. I mean they are stamping something they feel firmly that Meridian City Council April 24, 2018 Page 37 of 87 they are -- they are right and everybody else in the world is wrong and so that kind of butts heads with another person's survey. So, the easiest thing was to do this property line adjustment and now it creates an issue for us at this point. But catching it in the beginning is -- is an impossible task and -- and, you know, I'm -- I served on Boise City's staff for nine years. We tried to do the same thing. Mr. Nary and I worked together at Boise City at that time and we tried to not have those things, but this is just a surveyor error that we are trying to correct and correct for the public good that's out there. I think, hopefully, that answers that question. I think as I started what -- what causes us to be here and have the neighborhood opposition that we have is because of the comp plan. The comp plan is saying that you in this area, in the circle that is the neighborhood center, where you have residential products, you want it to be eight units per acre. With the approval of our project you're going to be right near that -- that number. When we met the first time with Planning and Zoning staff they were concerned with the commission, they were concerned about the -- the look of the building and the size. What we have done is by stepping those down and creating those patios and -- and studio, if you will, the bedrooms up on the top, we have dropped 22 units. So, realistically, our number, instead of 273, is down around 250. We haven't reduced any of the parking stalls, so the -- those 20 something units we still have that additional parking planned into our plan. But we have -- we have dropped 22 units in that -- we didn't make a big deal about dropping those units, because we weren't really sure until we -- we looked at the details of the plans of the building, you know, how many that would be. We have tried to comply with your ordinances and tried to exceed that. We are under the 40 feet. I know everybody gets hung up with a four -- four story and I think Mr. Robnett handled that. We have talked about all these other buildings that are taller and they are three story. We have put, I believe, a good design together. In the end that was Planning and Zoning's determination that they liked having us with having more parking, having the open space in the -- in the middle. That's all I have. Thank you. Borton: Thank you, Kent. Council, any questions? Cavener: And, Josh, we need a Google Map or an aerial. Can you give me an approximation of the distance from these apartments to Mrs. Garcia's home that's there -- right there on the corner? Beach: Bear with me just a minute here. Cavener: Thanks. Brown: It's 115, 120 feet from her property. But from her home it would -- you would have another 15, 20 feet on top of that. Parsons: President Borton, Members of the Council, I do -- I do want to chime in a little bit on the Comprehensive Plan analysis and what kind of transpired at the Planning and Zoning Commission hearing, just to give you some context and how we kind of -- this project kind of morphed and got before you this evening and as Josh mentioned to you Meridian City Council April 24, 2018 Page 38 of 87 in the presentation this evening, you can see this has been continued for quite some time and been continued multiple times in order to get it right. But what I want to point out to you -- and you're right to some degree, the comp plan is guiding the density on this site. But the other thing that we have to look at is the context of the area. If this was a standalone 15 acre parcel we would probably want a commercial node, transition to higher density, and possibly transition to a single-family development, so that it blends in with the surrounding development. That's some of the context that we provided to the Planning and Zoning Commission when we were there on this project for that hearing and that's why staff's recommendation at that time was to provide less density and smaller scale type buildings with three and two story structures as the neighbors testified. Through that hearing the Commission did continue this project in order to look at revised elevations to see that -- if it could blend in with the adjacent neighbors. What I testified to at the hearing was if you look at the apartments on the west side and the Crossfield apartments, that rezone came through in 2009. At the time that staff analyzed that project we made a concession that we wouldn't require commercial on that piece, because we were anticipating getting additional commercial on this piece that we are talking about this evening and so I shared that context and that history with our Planning and Zoning Commission. The Commission also looked at the surrounding area and -- and we also discussed that on the north side of Ustick Road is a ten acre commercial node that could satisfy some of the commercial uses that could happen in the area and serve as part of the commercial for this neighborhood center. So, that's why in this -- in this concept plan that you see before you and why the Commission came forward with a recommendation is, one, they felt comfortable with the way the buildings were stepped down, they felt that did try to provide that transition, but also they felt comfortable that there was an adequate commercial area to serve the type of density that the applicant was proposing. So, I did want to give you some of that context. The other item that I heard from one of the neighbors was the extension of Venable and why did -- why did that not happen with the adjacent property with Crossfield. Well, at the time that Crossfield Apartments came through with that rezone application there was a development agreement for that particular property. That development agreement specifically stated that Venable would not be extended until this property came before the city and was annexed in and that's why this developer is responsible for extending Venable in its entirety with the first phase and that's how it is currently structured in the development agreement. That we are proposing with this project. So, I just wanted to provide you with some of that context as you take this under consideration this evening. Brown: I did think of one more thing as Bill was speaking. The concern about the amenities. We are proposing over 900,000 dollars of -- of amenities. A fitness room, an area where the pauses -- and the swimming pool that are befitting this -- this type of project and at the same time, because of the height of the building, having that open space that you see in and around the clubhouse and pool area, but also the three buildings that are in the southwest corner -- or southeast corner of the site, instead of fitting another building there that we would normally do, we have got more -- more grass and more open spaces are available to keep our people on our side of the line and their people on their side of the line and -- and I do a whole bunch of single family residential Meridian City Council April 24, 2018 Page 39 of 87 developments and you have this discussion about the pool, that people are going to come swimming in Treg's pool over at his neighborhood because -- Bernt: Happens all the time. Brown: -- the neighbors are close by. But that's -- we have -- we have tried to accommodate and something that is worthwhile in the amenity that we are proposing. So thank you. Borton: Hey, Kent, can you -- sorry. Real quick. Brown: No, I'm -- I'm -- Borton: We have got -- just back to the building height. There is comment in the -- in the staff report about the height being a concern and -- and the slide you showed looked like kind of the end cap of that fourth floor becomes a patio. Brown: Yes. That's correct. Borton: But the -- the -- Brown: And also -- and also in the middle, so it -- it goes up and down. There is -- Borton: There you go. I see. I guess here is the reason I ask the question. I will just cut to the chase. The center mass of the structure, in essence, is the same height at the time the initial concern was raised. It articulates a bit, but it's the same height. Brown: Yeah. Thirty-nine something. Borton: And there is -- there are some elevations that are three stories at least in some of the materials. Are there some of these that are three stories and some are four? Okay. You're going to have to say that again for the record. Brown: He said the design for the most part is four stories. Borton: Okay. So, what we are looking at right here in the packet, which shows elevations for a three story product, there is not going to be a three story product on this parcel -- on this project? Brown: No. Borton: Thank you. That helps clarify that. Council, any other questions of the applicant or staff? Thank you, Kent. So, Council, there is a few options it sounds like from the comments from legal counsel, from Kent and from the public, in addition to whether it's an up or down on the project itself, but just the matter is also subject to a continuance, it can be, as I understand, continued with the public hearing open, allowing Meridian City Council April 24, 2018 Page 40 of 87 opportunity to address the legal issues with the property line matter, gives is the applicant time with the county to address those, but perhaps also address any concerns that the Council might have that -- if there is any changes to the project itself that would be requested to at least be considered, in which case the public hearing could be left open. There weren't any changes requested to be addressed, a continuance could occur with the public hearing being closed, but still continue to allow those property line disputes. So, it sounds like a continuance path has a couple of options with regards to keeping the public hearing open or not, so any discussion on any and all of that? Milam: Mr. President? Borton: Mrs. Milam. Milam: I don't really think this -- discussion on the property line at this time, because I think that the density for this particular parcel is inappropriate. So, I think this is a beautiful project. I love the open space. The amenities. Parts of the looks, the way that you have done the patios on the buildings -- I just think this is the wrong location. This would look really good at like -- like Ten Mile and the freeway. Franklin somewhere. I think that there are too many apartments within a close range of this and this is -- this is way too high density for this area right now after all of the approved apartments that are already being built and built. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: A question for Ms. Milam. I believe if this were to be houses -- single-family homes it would be about the same number of units given the -- would it not? I thought I heard at some point that there was -- that if it were to be homes it would be about eight units per acre anyway. Bernt: He's talking about buildings. Mr. President? Borton: Mr. Bernt. Bernt: I think what -- what they are talking -- what they are talking about is there is eight buildings. I think that's what they are talking about when they -- when they speak of eight, if I'm not mistaken, so -- Milam: Mr. President? Bernt: So, it's not only units, it's buildings. Borton: Mrs. Milam. Meridian City Council April 24, 2018 Page 41 of 87 Milam: This is designated for mixed use commercial, which I could see it happening. Well, that’s what it says in our application. So, that would be some office and, you know, light commercials and maybe a little bit of denser housing. There was a plan for some 55 and older, from what it sounds like, homes going in there. So, as a -- as a mixed-use I could see some high density residential in there, but to take the entire piece and make it just all high density residential with three percent single family homes, it's too much. It will affect the quality of living on everybody nearby and I have a two story home and if I stand -- I have a back patio and I stand out, I can see in all of my neighbors' homes -- in their backyards and that's just at two stories. So, you know, from four stories up -- it's just the wrong location. It's a great project. I like it. But just not here. Borton: Josh, thanks for pulling up the mixed use community general standards. So, Council, any other discussion? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: And I think it's important that -- I think that, Mr. Borton, to your point I think there is a couple of different pathways likely for a continuance for this -- this project, but separate from the -- the lot line issue, which definitely I think needs to be addressed before I'm supportive of any type of a vote, I do think it's important for at least the applicant to get some feedback from the Council on this particular project. One thing that I would remind the Council that our comp plan does is that it encourages some creative thinking when it comes to different projects and I -- I actually applaud the applicant for bringing kind of a creative approach with being able to do a -- a four story product with a -- with a minimal height. However -- and I am one of this body that continues to be very supportive of multi-family. I think it's important for our community. I think that creating diverse housing in all areas of our town is very, very important. I think that this somewhat gets to that goal. However, to Councilman Milam's point, I would like to have seen more single family homes. Nine houses in a -- in a mixed-use community -- you have got I believe 18 and a half units per acre. Josh has done a good job of highlighting that we like to see between six and 15. So, I think that there is some potential there. I just think that we are trying to crow bar way too much -- and maybe it was done because of your attempt to be creative and I applaud that. But we are trying to fit too many bodies into too small of a space over there in my opinion. I am generally supportive of some multi-family in this area. However, not at that high of a density. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Once again, Mr. Brown, you have brought a fantastic project to this body. Honestly, you're a seasoned vet, you understand the planning and the zoning and everything that goes along with design and with different applications you always do a Meridian City Council April 24, 2018 Page 42 of 87 great job. I -- I actually love this project. I love the look. I love the amenities. I love -- I love the vertical nature of it. I could go on on all of the wonderful things I feel that this particular project affords this -- this community. However, like Council Member Cavener, I'm also very much in favor for diversity -- you know, housing that's diverse in our -- in our communities. I know there has been talk about -- there is too much multi- family in our community. However, I feel it's the complete opposite and we have seen the data. There is not enough. And the demand -- the demand for it continues to rise. Rent continues to rise, because the demand just, you know, is there. I just don't believe that this is the right location for it. I don't believe that -- this would be a fantastic location in -- in -- in other areas that Council Member Milam spoke of. Downtown Meridian in our downtown corridor would be fantastic. I would love it. But I -- and I -- and I promise you that if -- and those who are now five minutes ago saying no to me that are now shaking their heads yes -- I mean if this was downtown Meridian you would think this is a beautiful project. You're not in favor because it's in your backyard. This is nothing about the look of it, this is absolutely a wonderful -- it's a fantastic project, it's just in the wrong spot. Plain and simple. So, I know that, you know, there is a -- there is a dispute with the property line. I wouldn't even be able to vote on this until that was taken care of. There is just too many what ifs and too many unquestioned -- you know, questions that aren't answered for me to be able to offer up a vote on this evening. But I think it's important -- appropriate for -- for us to -- to give our thoughts and where we are -- might be heading on this -- on this application going forward. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Mr. President, I just want to comment on the property line issue. So often as government we tell people this is your problem to figure out and, then, they have to go to another government and, then, they say this is your problem to figure with another government. I think -- I mean the reason I ran was because that was the problem with Meridian city government was that it wasn't a how can we help attitude and that's -- I mean I think the comment -- or the -- the talk needs to be, okay, is there a way to get around this? How do we -- how do we figure this out and, then, discuss the merits of the project itself, assuming we are able to find a solution to that, not we are not going to touch this until you figure out this other 20 foot issue. Sorry. Borton: Well, for what it's worth, the spite strip issue is clearly something that has to be resolved. We have seen in communities when that doesn't get resolved I mean the name says it all and it's a disaster in perpetuity, so -- I mean there will be opportunities for us to review how we do our process and is there ways that we can catch things earlier on and provide better direction earlier, great. I mean we can always do things better. But, nonetheless, we are also hearing this application, rather than just shutting it down because we are trying to make a unique circumstance still progress forward. The challenge for me -- I like the project. I think the massing is just too large on -- on Ustick and Venable. It's got -- in the staff report it speaks to the 18 and a half dwelling units per acre -- anticipated to range is the six to 15, so there was some room to move. I Meridian City Council April 24, 2018 Page 43 of 87 think the -- the articulation that was added is a great benefit and those patios are great and I like what was done that you still have a four story building along Venable and a four story building -- the majority of which is along Ustick as well. So, if it was -- if it was, you know, two along Ustick, three in the interior, I think that meets not only within the range of the mixed use community designation, I think it hits some of the comments from the neighborhood and, quite frankly, from staff as well. I don't know if that's an option. It may or may not be and if that necessitates eliminating a little bit of the open space I wouldn't -- that doesn't bother me as much, because we -- in this location we also have a massive public amenity across the street that we want these residents to be able to utilize. That's some of this mixed-use community opportunity here invites that. So, if -- if there is room to move to -- to revisit that, that that's a -- in light of everything -- for me that's kind the fatal flaw, the four stories, it's a hard one to ever accept. So, if there was room to move and change that, that would make what would appear to be a -- a dense multi-family project located where we anticipate it to be located, but just be a more appropriate fit within the community. So, if there was a continuance to -- to certainly address the legal issues, but perhaps to address the design issues, I would ask that that be at least requested of the applicant for consideration. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Question maybe for the applicant, Kent, if you're willing. Borton: If you want to come on forward. Cavener: We have heard some comments about trying to get this lot line addressed and I recognize that you're heading down that process. I'm supportive of continuing this application, but I'm one that likes to have a date that we can continue this, especially for those that are here in the audience, but I also want to make sure that you have got an appropriate amount of time to address the issues at the county before we have you come back and so is a -- like three month continuance satisfactory with your timing? Is that -- is that too much for your -- Brown: No. It's not long enough. Because they send out for responses, because they are in your impact area. They give you so long to respond and they don't -- they don't shorten that up, even though staff could turn around on your end -- it is required certain amount of time. So, that -- if you're in Boise's impact you have 45 days before they -- to allow the city to respond. So, it's probably four months that it would need to be done. And I did talk to my client because of what the president said, that, you know, we could drop the buildings down to three stories. We would lose another 30 units. I did quick math as you were discussing. We are currently at 16.6. We would be In the 15 something range, which is part of that mixed community that -- that Josh is pointing to. But overall -- and the eight that I spoke of was that for the neighborhood center with 270, we would be at 8.4. Now, that number -- and that's your goal for the neighborhood center. The city's goal for the neighborhood center is to be 8.4. Obviously there is Meridian City Council April 24, 2018 Page 44 of 87 some vacant properties that can develop, but as they develop they are adding acreage that still will allow those number that can stay closer to your goal of eight, you know, if they come in, so -- but he said he would be willing to go down to three stories but that's -- but that's about another 30 units. So, that's dropping us to 220. Borton: Kent, so the continuance question, whether it gets continued a week or a year, the time frame that we pick really isn't as relevant as the time frame that you're subject to with the county, so, really, if there is a continuance it would be kind of the best guesstimate, with the understanding that it still could get continued again from that. Brown: Okay. Borton: Right. Because we would, you know, continue it to July 1 and -- and turns out that you're not going to be ready until July 20 and might get kicked down a little bit down the road again. That's -- so, if we were to pick a date that is not really overly long, you know, the best guesstimate in your experience that should -- should capture -- Brown: We would need to be at least four months. Borton: At least four months. Okay. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Mr. President. Kent, what do you need from us to be able to follow through with that? Does a continuance work with some kind of unofficial commentary from Council saying, hey, we would probably be good with this at three stories or did you need an approval to be able to make this happen? Brown: He is the one that has the land deal. I -- Robnett: Shannon Robnett at 5103 Zamora. The key issue that we have is -- as you guys are looking at it, there is the opportunity if we go forward that we create an illegal -- an illegal problem in Ada county. So, what Ada county is looking at is they are looking at you going, guys, we don't really have that much of an issue with it. It's procedural for us. But we need to know that if we do this you guys aren't going to leave us with an illegal parcel, which would be the much smaller one that is the -- the Blue Rider C2, with a sliver of RUT. So, that's -- that's if we bring it into you guys. If we go the other way, then, you have this piece, which is now 15 acres of RUT with a sliver C2. So, what we are really looking for is that if we can continue to work on the elevations, continue to work on the density -- and, again, there is subscribed density in this. It's about meeting staff's requirements for that and the development agreement nails the floor -- or the footprint down. Nails the amenities down. Nails the open space down. So, those are the things that you nail down in the development agreement. So, if we can continue to work on that toward that goal and give Ada county an indication that you Meridian City Council April 24, 2018 Page 45 of 87 guys are willing to do that should they correct this problem, then, they have something that they can go, okay, now we know that if we do it we are not creating a problem for ourselves. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I -- just one last comment and I -- and I want to say this just out of respect for Mr. Robnett and your development -- you know, your proposed development. I -- I don't want to waste your time. I'm just not in favor of the apartments in this location. I'm just going to be honest with you. I'm just not. And I don't -- and I don't -- I don't want to have you kick this can down the road and have you waste a bunch of resources of money and so I'm just going to be honest with you. That's just my opinion. Milam: Mr. President? Borton: Mrs. Milam. Milam: I'm on the same page as Councilman Bernt. I would rather you leave this four stories and put it somewhere else, because I do think it's a great development, I just don't think this is -- 30 less isn't going to change my mind. It's still going to be too high of density for this location in my mind. So, I don't want you wasting time and money and, then, come back to us and -- well, at least two of us will say no. Borton: You can have a seat. I don't think there is any questions. Brown: Uh? Borton: You can have a seat. I don't think there is any questions. Thanks, Kent. Probably wait until you sit down and, then, ask a question and come back. The comment for me was -- and with regards to the scale, I thought that the -- the two and three was most appropriate and another option -- if -- if you need time to make some assessment as to whether or not that makes sense for you -- you know, a shorter continuance can be granted to kind of bring back either a redesign to address those concerns or some remarks that says, hey, this doesn't work. We can do that. That's -- that's the adjustment that would be necessary for me to be supportive of it. I don't know if that's able to make that type of decision here on the fly. If the applicant can make that decision, but -- Nary: And Mr. President. Mr. President, maybe to add to that comment that you just had, our code does not contemplate stories, it contemplates height and so really we need to evaluate what height restriction the Council would like, if that's the direction the Council should go to put in the development agreement, because it's my just -- earlier discussion today with the planning staff and based on this particular zone you wouldn't see this again as you might in other types of zones where you would have a CUP, Meridian City Council April 24, 2018 Page 46 of 87 which is required for multi-family. In the TN-R zone it's not. So, if the Council were to approve it, whatever -- whatever restrictions or limitations you place in the development agreement, which Mr. Robnett sort of alluded to, is the restrictions that will exist. So, in light of what you just said, Mr. President, again, if they need more time so that both they can be sure what they are comfortable with and staff can also compare that with code requirement to make sure we match those up, that certainly a little bit of time would be helpful. Borton: That's -- yeah. The height equivalent of two stories -- there is probably some wiggle room, but that's kind of the concept. I think everyone gets what we are trying to capture, but -- articulated in height. Thank you. Council, any other discussion, comments, questions? Action? Milam: Mr. President? Borton: It's kind of hard, because in order to take certain action we would have to close the public hearing and we can't close the public hearing if your -- if, then, the action is going to be to continue it, so we are in kind of a conundrum. Borton: Kent, can you -- I'm going to ask you a question I guess before we close the public hearing. In light of what you have -- you have heard in the door one, two or three, and it kind of goes through this painful process for the applicant's benefit to try and see if there is ways to make things work and, you know, a lot of effort has gone in to get it to this stage, so you have heard several options here, one of which would be a short continuance leaving the public hearing open allowing -- a redesign probably is too strong of a word; right? But adjustments to be made and also maybe some specific language with -- with you and legal and planning to maybe articulate some of the height issues. That probably can be done within 30 days, at least that issue to see if you can get over the hump from that point. Brown: The issues comes then two of the councilmen are saying no to apartments in this area when the mixed plan community for this area is requiring us to be between eight and 15 units per acre, which the only way that you can do that is with going vertical and -- I mean your comp plan is saying for us to do one thing and we have the inability to do that. Borton: So, I'm -- I appreciate that. I guess one of the -- the question, though -- Brown: Because it's not just a minor redesign when Commissioner Bernt is saying no apartments at this location. Borton: My -- my question, though, would be if there is adjustments to the height and if you were, for example, to make Ustick -- I'm going to use the word two story, right? The height equivalent of what would be two story and three story elsewhere -- if that type of adjustment were to be considered and what language is necessary to articulate that, if you were open to that, would that be something that you could respond to and provide Meridian City Council April 24, 2018 Page 47 of 87 within a couple three weeks? And understanding your response might be we are not willing to do it after you dig into it. Brown: Yeah, we would be willing to do that. We could do that method in a month's time, Yeah. Borton: We are just trying to get some options for us if there's -- you know, if it goes forward for one reason or another, if there is going to be some redesign elements to it, there is no sense in doing that in August -- Brown: Right. Borton: -- quite frankly. Right. Because if there is insurmountable challenges in the design of it, then, solving a legal issue perhaps isn't number one concern perhaps. Just trying to think of schedule wise. Brown: Right. Borton: Okay. I think you answered spot on. Brown: Yeah. Borton: Thank you. Council, that was -- I just throw that out as -- if it's an option that gives us something to consider in mid late May, see what that alternate design would be. It may or may not solve any -- or everyone's concerns or issues, but -- Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I -- I just want to make it clear that I would prefer there not to be apartments here, you know, but if they want to go back and redesign and do something that's different and unique, whatever, I mean -- I don't think it's my position, you know, to say, guys, this is what you absolutely need to do. This is out. I'm absolutely going to vote, that would be impossible for me to do that. I'm just -- I'm just talking about what I prefer. I'm -- and if I were in your shoes I would want to hear that for myself. I'm just trying to be honest and I'm trying to be up front and so it's not -- I'm not drawing a red line in the sand. I just want to make that clear. If you want to go back and redesign and do something, think about it. If you want us to continue this I'm for that. I'm open -- I'm always open to listen. I'm always open to whether you're for it or -- whether you're in favor of the project or whether you're against, I'm always going to listen. That would be my point of view. Borton: Mr. Cavener. Meridian City Council April 24, 2018 Page 48 of 87 Cavener: Mr. President. Thank you. I appreciate the consideration you're trying to -- to make in maybe continuing this for 30 days to give the applicant an opportunity to take another look at their site plan. If you get some of those issues resolved before we have kind of the heavier lift with the property line adjustment piece. I, for one, would just rather have all of that addressed at the exact same time. So, I think in the interest I think of time and in fairness to the applicant, I -- I firmly believe the applicant is here to listen to the public and hear from the Council and will bring forth the best project that they can with the limitations that they have with the property and their availability to move forward. But I would be supportive of continuing this application and leaving the public hearing open to August 21st, recognizing that -- that we may have to eventually continue it again. Borton: Mr. Cavener, the reason that I would -- my preference would be to have -- I was thinking, for example, May 15th. For the applicant's benefit and the public, too, quite frankly, if -- if this alteration truly is -- is acceptable by the applicant to allow that two story along Ustick, three story elsewhere, that comes forward and even with that, if this Council just isn't supportive of it, the sooner that gets communicated I think the better and if they can have that before us in May and we can give that direction, I think up or down that really helps. If we -- if we wait until August, the applicant probably is going to have to go down the road and do a bunch of work for the county and if they want to know that more definitive up or down, quite frankly, sooner and if we can give them that in mid-May I think -- I don't see any harm in that, if the applicant truly is willing to provide that to us that quickly, the public -- it's fresh in their mind, they are going to respond. We can give that direction within 30 days. Cavener: Mr. President? I -- I appreciate -- again I appreciate where you're trying to kind of move things along. I would not -- unless we have a mechanism -- and I know the Mayor's not here to direct staff, but I think Council Member Palmer brought up a very important point, which is how -- how are we providing the best level of customer service on this particular issue as it relates to the property line adjustment piece. If there was a mechanism that this body would feel comfortable at that public hearing, assuming all the issues related to the design of the project have been admitted to the satisfaction of the Council and, then, we would want to speak in favor or opposition to the project, I can come to terms with that. What I -- what I'm struggling with is that we are going to have the applicant come back in May to address some of the concerns that we have heard from Council, we still won't have the property line adjustment piece -- just that we are going to continue it yet again. Borton: Correct. Cavener: It's just not -- I'm one that doesn't favor multiple continuances, especially on a project that has received a significant amount of continuances already. Borton: Councilman Cavener, the reason that is for my mind why in this circumstance it would be appropriate is the alternative is worse. The alternative is greater delay for the applicant and the public to get some direction from us if this project is going to be viable Meridian City Council April 24, 2018 Page 49 of 87 at all and there is no benefit to delaying that decision I don't think into August. If a continuance -- public hearing can be open, a continuance to May 15, allows the applicant and the public to come back, allows legal staff and planning staff to assess not only the height language, but perhaps they will have a better road map of what's going to take place in the county if it were to be approved. There is no decision on that yet. What might come back on May 15th might not satisfy Council and everyone would love to know if it were to go that route, the sooner the better and a continuance to May 15th I think allows that to occur. At least that decision to be made relatively soon, rather than delayed. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I move we continue the public hearing to May 15th on H-2017-0142 and with that a plea for Mr. Nary and staff to find a way that if it can be done, mitigating major concerns for us to be able to approve to, you know, let us know what that mechanism would be, so that should the adjustments on the day that it comes be acceptable that we can make it so. Borton: Second agree with that direction? Mr. Bernt? Bernt: Second. Borton: Okay. Discussion? In addition to that direction on May 15th to be -- to come back with those adjusted elevations and in regards to the two story and three story as described. That will be what will be before Council for consideration on the 15th. The public hearings left open. So, anything else? Roll Call: Borton, yea; Cavener, yea; Milam; yea; Palmer, yea; Little Roberts, absent; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Thank you and thank you everybody for your patience in working through this. C. Public Hearing for Gramercy Heights No. 2 (H-2018-0025) by Gramercy LLC, Located South of E. Overland Rd. and West of E. Copper Point Dr. 1. Request: City Council Review to Apply for a 6-Month Extension to Obtain City Engineer's Signature on Gramercy Heights No. 2 Final Plat Meridian City Council April 24, 2018 Page 50 of 87 Borton: We have got a couple of more short ones. We will just continue on forward. The next item, Item 8-C, I will open a public hearing for Gramercy Heights No. 2. This is H-2018-0025. Council review for six month extension. Mr. Parsons. Parsons: Mr. President, Members of the Council, let's talk about some plats that have expired and try to get creative with the Council this evening. That's what we are talking about this evening. And so this -- this Council -- this is probably that -- I have been with the city for almost 11 years and this is the first time that I have come before you and presented what we call a miscellaneous application and they -- the first next two applications that are before you have to do with the same issue. But this first request is for the Gramercy Heights Subdivision. The site consists of 4.59 acres of land currently zoned R-15 in the city and is located south of Overland Road, west of South Eagle Road. In 2017 the City Council did approve the final plat that -- for the second and final phase of the Gramercy Heights development and it consists of 31 lots and one common lot. As a condition of approval of that project the applicant had approximately four months to obtain the city engineer's signature. In the UDC that's the requirement for satisfying that you have -- that's the mechanism that extends the plan -- either a preliminary plat or a final plat. The time that this was brought to our attention the plat had expired and the reason why in the letter or the narrative from the applicant they explained that the applicant or the developer thought that expiration date was in error, that they had actually -- it should have been expired in '18 and not '17. Looking at the county records I did verify that Mr. Warren did actually sign the plat and the actual expiration date. They had four months to get this one recorded and they failed to do so. So, the other caveat to it is the subdivision is now under construction, so their construction drawing are still valid and they are under construction building this project. And you can see here in the aerial that they have commenced with the first phase and if you can see my cursor here, this -- Borton: Hang on. Hang on. We can't see you. Parsons: Don't have it? My apologies. Borton: That's all right. Thank you. Parsons: My apologies. Borton: No worries. Parsons: But now if you see my cursor here you can see that it's really a remnant portion. There is really not that much land for them to further subdivide in this area or -- it's the last piece to -- to receive their approvals. But, typically, the normal process in the UDC is that the applicant is supposed to apply for an administrative time extension with city staff and they are supposed to do that prior to the expiration date and the first time extension, as I mentioned, is a staff level approval and, then, subsequent time extensions after that require them to do a neighborhood meeting, post the site, and come back before City Council to grant another extension. Well, because of the amount Meridian City Council April 24, 2018 Page 51 of 87 of time that's elapsed there is no -- they can't -- they can't apply for that. So, in working with our legal staff and talking with the planning division manager, we kind of put our heads together collectively and said what's the best solution to remedy these type of situations. No, we don't want this to occur on a regular basis, but we have had to recently that we are, again, sharing with you this evening. So, we are asking for at least your take on it. The applicant is requesting that you grant them a six month extension, at least keep their plat valid for another six months. And in my memo that I prepared for Council I stated that we would start that six month window from after tonight's hearing, so they would get six months from the -- from the date of tonight's hearing. I would also mention to Council that because of these two issues that have been brought to our attention, I am personally working with our IT staff to make sure that we can create some kind of record or database in the system so that we can run a report out of Accella, which is our database system, and run a monthly report and see which plats are set to expire. That way we can communicate that information to our applicants moving forward. So, with that I will -- I will conclude my presentation and stand for any questions you have regarding this particular project. Borton: Thank you for that. Council, any questions? Pretty straight forward? Kent, do you want to provide some brief comment? I think it's pretty clear. Brown: This is a -- again, Kent Brown, 3161 East Springwood, for the record. This is exactly what Councilman Palmer is talking about is the creativity to help us solve a situation. The next public hearing is the first time I saw that we were expired as I'm under contract to help the developers go through this process. So, then, immediately I pulled up everyone that I have received and this was a new project that I had just received a few days you earlier and I called the developer back and say, you know, you give me a dead -- a dead plat. The plat's expired. I said -- but I don't understand why that that really wasn't discussed, you know, as you're getting your application and you're doing your final plat approval that it could have been easily just submit a time extension and we can change that date for you, because it's -- an administrative approval is pretty, you know, seamless and pretty easy. I would say that this year I'm submitting at least seven or eight time extensions, because I have one project that they were all to be done on June 8th. There is just no way this one developer could build seven different phases and have them all signed by Warren. Warren goes on vacation and does something, I don't know what it is, but he's kind of hard to catch, so -- so, would appreciate your approval. Thank you. Borton: Thank you, Kent. Brown: And it is -- technically it's our fault. I mean that it -- the developer should have known better, but that's -- that's where we are at. Borton: It's a public hearing. Anybody sign up? Coles: No sign-ups. Meridian City Council April 24, 2018 Page 52 of 87 Borton: No sign ups. Anybody here interested in this? No? It looks pretty straight forward. I appreciate staff's taking this as an opportunity if there is ways -- to Councilman Palmer's point, we can improve, maybe do things a little bit better, catch stuff on our end. Not blaming -- pointing fingers, but we always want to look at opportunities to do that, so if this invites that, then, it's a great benefit from it, so -- Council, any action? Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Just -- I guess -- I don't feel bad. From my comments earlier, I -- my point was more -- every one I have ever heard from loves dealing with our staff. They hate dealing with our policies. And so that's really what my -- my comments were about is to try to adjust and -- and fix policies to make it so that staff has the flexibility to -- to perform the service that they want to do, so -- yeah, I appreciate the -- you know, finding ways to make things work for our customers. Thanks. Borton: Questions? Close the public hearing? Mr. Cavener? Mr. Palmer? Cavener: Mr. President, sorry, I thought Mr. Palmer had his mouth open like he was getting ready to make a motion and so I was going to let him do that, but I -- Milam: Want me to do it? Cavener: Now, I'm -- I move that we close the public hearing on Item 8-D. Palmer: Second. Cavener: C. Borton: Second agrees? Palmer: Still agree. Borton: Motion and second to close the public hearing on Item 8-C. All those in favor say aye. The public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we approve H-2018-0025, a six month extension for Gramercy Heights No. 2 final plat. Meridian City Council April 24, 2018 Page 53 of 87 Palmer: Second. Borton: It's been moved and seconded to approve Item 8-C, H-2018-0025. Any discussion? Seeing none, Mr. Clerk. Roll Call: Borton, yea; Cavener, yea; Milam; yea; Palmer, yea; Little Roberts, absent; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing for Trilogy (H-2018-0024) by Challenger Development, Located at the Southeast Corner of W. Chinden Blvd. and N. Black Cat Rd. 1. Request: City Council Review for the Purpose of Extending the Expired Plat to Allow a 6-Month Extension to Obtain City Engineer's Signature on the Final Plat Borton: Item 8-B. We will open the public hearing on Trilogy, H-2018-0024. Time extension issue part two. Parsons: Part two, Mr. President, Members of the Council. Again, this is another situation that I just described to you, but this is, again, the Trilogy Subdivision. It is a larger development. It consists 21 -- 28.16 acres of land, zoned R-8 and it's located on the south side of Chinden Boulevard, east of North Black Cat Road. The subdivision -- the subject plat consists of 144 buildable lots and nine common lots. Currently in this particular situation -- a little bit different than the last one. In speaking with the applicant or the developer this -- this evening before -- Mr. Conger is the one that is constructing the first phase of the Trilogy Subdivision, he has confirmed that landscaping is going in at this point with first phase. The roads are paved. The sidewalks and all of those improvements are happening, along with fencing, and the surety -- the city does have a surety to guarantee those improvements. So, in this particular case a little bit farther along down the road than the previous project. What makes this one a little unique is that the developer had sold off a portion of this property to the Brighton Corporation and if you can see my cursor here, this little square piece of property will be -- at some point be incorporated into the Bainbridge Subdivision. So, the transition is more seamless within that urban fabric out there and so now we have two developers kind of on the hook if the plat is -- because the plat is expired, that they would have to also go back through that process, again, being creative, we had communications with the applicant, said this is the process that we would send you through in order to keep this valid. Again, I won't go in too much of the history on this. Again, they are requesting the six- month extension as well. And I will stand -- from today's date. Yes. And I will stand for any questions. Borton: Thanks, Bill. Council, any questions? Mr. Brown. Meridian City Council April 24, 2018 Page 54 of 87 Brown: Kent Brown. 3161 East Springwood. I have been working with staff trying to have this so that Warren wouldn't have anything to do tomorrow morning and sign this plat, but I'm not quite there. Hopefully next week, if not by the end of the week. They have signed a lot of plats. Just a little trivia. The county has recorded 43 plats so far this this year in Ada county. Nineteen of those came from the City of Meridian. Nine to the city of Boise. Five to Eagle. And four to Star. So, Warren has been busy doing some of that and his staff and I appreciate their help and I just know that they got a lot to do, but -- so thank you. Borton: Good. Council, any questions? This is a public hearing. Anybody signed up to testify? Coles: No, Mr. President. Borton: Anybody in the room wishing to provide testimony on this matter? Ralph? Okay. There does not appear to be anybody who wants to testify. Council, what's your druthers? Milam: Mr. President? Borton: Mrs. Milam. Milam: I have a question for Kent. I'm just kidding. Sorry, Kent. I was just waiting for you to sit down. Cavener: I better make a motion. Milam: Mr. President, I move that we close the public hearing on item 8-D. Bernt: Second. Cavener: Second. Borton: It's been moved and seconded to close the public hearing on H-2018-0024. All those in favor say aye. The public hearing is close. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Mr. President? Borton: Mrs. Milam. Milam: I move that we approve H-2018-0024. Bernt: Second. Meridian City Council April 24, 2018 Page 55 of 87 Borton: Moved and seconded to approve H-2018-0024, six month time extension. Any discussion? Seeing none, Mr. Clerk. Roll Call: Borton, yea; Cavener, yea; Milam; yea; Palmer, yea; Little Roberts, absent; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Thanks, Kent. E. Public Hearing for Proposed Homecourt Fees 1. Resolution No. 18-2074 : A Resolution Adopting New Fees of the Meridian Parks And Recreation Department; Authorizing The Department To Collect Such Fees; And Providing An Effective Date. Borton: Item 8-E. Our public hearing for proposed Homecourt fees with a resolution -- or proposed resolution 18-2074. Garrett, welcome. White: All right. Mr. President, Members of Council, thank you for your time tonight. I'm here to talk to you guys about a monthly -- a proposed monthly court membership fee for the Homecourt facility. Currently the YMCA offers this type of membership for those who participate in pickleball, noon ball basketball, open court times that only have access to the courts. As you guys know that when the YMCA moves out the fitness equipment would go away. So, we were wanting to propose a similar membership. When the YMCA lease is up -- or expires on May 24th of the -- of May, we plan to continue these programs that would include this type of membership to keep the transition from YMCA program to city program as smooth as possible. In the past, I don't know, since the YMCA has been living there since we purchased the building, the YMCA has been anticipating for us to take this -- these programs over once they do move out for that. So, they are well aware of this and right at their new facility they wouldn't have as many pickleball courts and basketball courts to meet the demand of morning pickleball and noon ball, things like that. So, the proposed fees -- right now we are proposing are 15 dollars a month for Meridian residents youth and Meridian resident seniors. Twenty dollars for Meridian resident adults between the ages of 18 and 54 and, then, 25 dollars for all non-Meridian residents. What this membership would get you into is, like I mentioned before, the morning pickleball. They have a later day that we do pickleball over there as well. Noon basketball. Even open gym and open court times. Similar to what the YMCA currently offers. With that I can stand for any questions. Borton: Council, any questions for Garrett? Cavener: Mr. President? Meridian City Council April 24, 2018 Page 56 of 87 Borton: Mr. Cavener. Cavener: Garrett, can you give us just a little bit better analysis on how the fees were derived? What was the decision making process? Who was involved in that decision making process? Where are they coming from? White: Sure. Good question. Councilman Cavener, Members of the Council, the YMCA currently charges 20 dollars per month for this court membership fee. So, we kind of based that starting with that starting point, obviously, because they already have that established. I did some research trying to call different rec centers, things like that, to offer a court membership and the reality of it is there is really nobody offers a court membership, because they don't have as many courts as we do. They all have fitness equipment and things like that involved in their rec centers. The closest one I could get to is Blaine County Recreation District, which was right there near Sun Valley and Hailey and they offer a 25 dollar a month pickleball court membership fee type of thing. Tied to those fees, the 15, 20 and 25 dollars is kind of -- it is shaped around what we currently offer our drop-in rates, the two, three or four dollar rates that we offer for open gym and things like that. Two dollars for seniors and youth, Meridian residents, three dollars for Meridian adult residents and four dollars for all non-residents. So, taking those numbers and, basically, the ratio works out to be -- if you go eight times it's equivalent to the -- the current prices. So, that's how we kind of came up with those fees based on what currently exists, as well as doing the research to see what else is offered. I hope that answers that question. Borton: Council, any other questions? Palmer: Mr. President? Borton: Mr. Palmer. Palmer: These are monthly? White: These would be a monthly fee. Correct. Cavener: Okay. Discussion? Borton: Yes. Cavener: Mr. President. Just my two cents and I don't think this will come as a surprise to -- to Garrett or Steve. I have never been supportive of us charging our taxpayers for a resource of an asset that they have helped purchase. If you are asking our opinions on this I think that the fee for non-residents is too low and the fees for our residents, specifically our youth and seniors, is too high. Palmer: Mr. President? Meridian City Council April 24, 2018 Page 57 of 87 Borton: Mr. Palmer. Palmer: I agree. I think you either skyrocket the non-Meridian resident and drop everyone else or significantly drop resident and -- a little bit and raise non-resident. I mean I understand, you know, if you want to guarantee that you're going to have a -- in our parks the -- the shelters and, you know, provides for insuring that someone is going to be there to kick other people out if necessary and that there is a clean-up factor. But this one -- we are not a gym. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I think it's important -- I appreciate -- I know exactly what you and your staff are trying to accomplish is to re-coop some of the costs of maintaining that facility -- White: Right. Cavener: -- the use of that facility, the cost off-setting the use. I look at this differently than I look at a shelter. You know, when Council was presented with this opportunity to purchase this asset for it was -- I always looked at this as just like another park facility and that we don't charge our citizens to swing on a swing or to fly a kite in the park and I just -- I have always struggled that we -- even slightly trying to monetize the use, while the intent behind it I think is -- is noble. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Garrett, what's the ratio between residents and non-residents who use the Homecourt? White: That's a great question, Council Member Bernt. Right now it's tough to get that, because the YMCA, they are -- Bernt: Oh. Okay. White: -- when they are offering these programs they don't do a resident and nonresident deal. I really couldn't give you an accurate answer in my opinion, unless you go through and just do a quick survey and talk to them and figure out where they live and this and that. I do know that the numbers -- I can just tell you numbers. I really don't know where they live. Morning pickleball, winter -- late fall, winter, spring, you're looking anywhere between 80 and 90 people there on a heavy day between 7:00 a.m. and noon. The heaviest hours would be 9:00 and 11:00, but -- I mean there is a lot of people and they are using all those courts. They use nine to ten pickleball courts Meridian City Council April 24, 2018 Page 58 of 87 typically every -- every day they are in there, Monday through Friday and, then, also on Sundays. Noon ball uses the three classrooms. But when it comes to resident and nonresident, I just can't answer that question. Bernt: One more question. Borton: Mr. Bernt. Bernt: Those -- those that are playing pickleball, are they involved in another rec league that they are paying other fees in association -- above and beyond what these -- these fees would be? White: No. To my understanding they are not. They may be part of the BAPA, Boise Area Pickleball Association, and to my understanding that's a ten dollar a year fee that they do. BAPA -- it does have a presence at Homecourt. They don't necessarily charge any monies to be in there by any means than that, but it's ten dollars a year to my understanding. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I guess my question was -- it's not part of a rec program type situation. White: Correct. Bernt: Okay. Well, I mean -- one more question. Borton: Mr. Bernt. Bernt: I don't see this any different than, you know, almost like a rec program type of a situation. I mean -- I mean we charge people to play in our rec programs and that includes courts and that includes us having to staff different locations and, you know -- you know, includes different -- I don't know, different resources that are involved in providing that luxury to our residents. I just think this is another added benefit. I would be open to talking about, you know, maybe restructuring the pay structure if we need be, but I don't -- I don't mind paying -- I -- I know my son goes to -- and plays open gym a lot with his buddies. He's in seventh grade basketball. He plays for Lewis & Clark Middle School and I don't -- I live on a slope that doesn't provide a home basketball court for -- for my family, so my kid and his buddies goes to Homecourt and they pay two or three bucks every single time and I have no problem with that whatsoever, because it's a luxury that we -- and it's a facility that we provide our residents and, you know, we have to maintain those and it costs money and so if they expect us to provide these -- if the citizens provide -- if Meridian expects us to provide these, you know, luxuries and amenities for -- for them to enjoy, then, I think that, you know, charging them a little bit I don't think is out of the question. That's my opinion. Meridian City Council April 24, 2018 Page 59 of 87 Cavener: Mr. President? Milam: Mr. President? Oh. Cavener: Please. Borton: Councilman Milam. Milam: So, I'm somewhere in between. I -- I realize that there is a cost to maintaining the floors and the staff and the lights and the heat and the air conditioning, so I don't expect this to be free for -- for all citizens. Frankly, all Meridian citizens aren't taxpayers. So, you know, that -- I would also like to see some kind of a scholarship program for at youth risk -- or at -- at risk youth, some -- some kind of an income limitation or something, because I do want this to be available for all kids in Meridian, not just -- Bernt: The ones that have money. Milam: -- people who can afford it. Bernt: Right. That's good. I like that. Very good. White: That's a great comment. Thank you. Bernt: Great comment. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Garrett, I -- were these fees presented to the parks commission? White: I don't -- no, they have not been. Cavener: Mr. President? Borton: Mr. Borton. Cavener: Garrett, I think maybe where I'm getting at and I'm -- I think I'm prepared to make a motion -- is for me it's a lot easier to make -- to support a recommendation for fees if they are based on a rationale of -- this is what we believe is the use of this type of group. This is the cost and this is the percentage that we think is -- that group is responsible for, broken out per person or per group and that's -- that's how that fee is derived. I recognize you're in a challenging spot, because there aren't a lot of facilities like this. I don't know if a facility up near Sun Valley is the place that I would run to look Meridian City Council April 24, 2018 Page 60 of 87 necessarily a comparison, recognizing it's all you had available. So, I guess what I would like is for maybe you to go back to the drawing board, come back with a recommendation that's based on some findings about is the reasons why we are choosing that amount, not just because that's kind of what we feel we have seen from some of the other neighboring municipalities and that may give me more confidence in being supportive of -- of a fee recommendation like this. Bernt: And -- Cavener: So -- Bernt: Oh. I'm sorry. Cavener: No. I was going to make a motion, so if you -- if you -- Bernt: Mr. President, I -- I feel like they have made that explanation. You know, they -- if -- if -- if you have a kid who -- who routinely is using the Homecourt and he's here multiple times during a month, I think, you know, 15 bucks isn't out of the question. I think maybe your discussion tonight maybe talk about -- if we feel like that's a little bit too much or whatever, maybe we have that discussion, maybe we talk about Council Woman Milam's idea of providing a scholarship or something like that to those who can't afford it. I like that idea. I think it's pretty cool. It gives people opportunities to use the facility when they -- I don't think we should punish kiddos that don't have -- that don't have the money to use our stuff. I think it's a great idea. I would have never thought of that. that's awesome. But I -- I don't know if we need -- I think that we can spend ten or 15 minutes talking about this and just make a decision tonight. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: The terms can't afford is completely up to interpretation, because I mean how many people would we consider a reduced or non-fee for because they can't afford it, but have a smart phone? Ninety-nine percent to a hundred. I mean I do car loans every day for people who can't afford to pay cash for a car, but every one of them has a smart phone and they put giant speakers in the cars and the cars are full of scratch tickets when we repo them and so I -- to -- I think that this needs to be available to everybody in the city, because they are already paying for it. If they are living in the city odds are pretty good that they are either paying rent or paying a mortgage and whoever owns that property is going to be paying taxes. Just to echo Councilman Cavener, this is a park and I'm okay with us losing money maintaining a park. Bernt: Mr. President? Borton: Mr. Bernt. Meridian City Council April 24, 2018 Page 61 of 87 Bernt: Mr. Palmer, what -- and educate me, because maybe I'm missing something, but what's the difference between a rec league, you know, basketball program fee and this? I mean -- in your opinion. Palmer: Mr. President, I don't think we should be in the business of those either. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I think first to answer Council Member Bernt's question, I think Steve or Garrett can speak to this is the significant amount of staff resources that we allocate for leagues and programming that we run. What I would think would maybe be beneficial -- and, Garrett, I know we have got a new council member on here and maybe to answer some of Council Member Palmer's concerns, can you maybe just give a quick rundown about the care to share program and the requirements that are associated with that before we would fund somebody? I think that would at least give this body some greater understanding about -- we have already got a process in place to evaluate a needs based scholarship for youth in our community that want to take advantage of the programs that we offer. Garrett: Council Cavener, thank you for bringing that up. I was going to step in and talk about that as soon as I had the opportunity. I was letting you guys speak. But we currently do have a care to share program that we do offer scholarships for kids that can't afford it. Can't afford to be in a summer camp or a summer program or things like that. I don't know the ramifications of it. I know Jake Garro, my coworker, would know more about that, since he oversees that program and the summer camps and programs, but there are certain stipulations, such as from reduced lunch programs, if you qualify for these type of things and annual incomes and things like that that we do have to show proof of before we offer those scholarships and there is a specific percentage that they have to pay up to and they get a certain dollar amount as well. So, those stipulations are already set in place. When it comes to the actual fees themselves Steve may be able to answer that question a little bit better than I can, so -- Siddoway: Mr. President? Borton: Mr. Siddoway. Siddoway: Is this on? Okay. I just pulled it up on the -- on the website to make sure I had my facts straight, but financial assistance is available through the care to share program for children up to 18 years old who want to participate in Meridian Parks and Recreation activities. They can receive assistance for up to 80 percent of an activity fee, with a maximum of 150 dollars per year per child. To be eligible for the program they have to be receiving assistance and be deemed eligible for one of the following assistance programs. Free school lunches. Food stamps. AFDC or energy assistance. And they must reside within the Meridian city limits. So, we don't go through a -- an Meridian City Council April 24, 2018 Page 62 of 87 approval process of our own to ask for financial records. The position for the care to share program has been if you have qualified for one of these other programs you qualify for this. Borton: Thank you. That's helpful. Cavener: Mr. President? Borton: Council. Yes. Cavener: I think also a piece may be for clarification for either Steve or Garrett. I know in the past that fund has been at zero dollars. It relies on the donations of others. Where does that fund sit today in terms of financial availability ballpark? Siddoway: I don't have a number for you, but it's been a balance in the thousands. It's primarily received its funding through the donations of employees who pay five dollars to wear jeans Wednesdays in the summer. It's been a care enough to wear jeans program and there is -- it's also available through donations to the community and we have received outside donations as well, but a lot of the recent funding have -- have come through that -- that program through employees. Borton: So, Council, is there comfort to move forward or not one way or the other? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: As I mentioned earlier, I'm not in a position tonight where I can be supportive of -- of the recommended fees. I think that there is some added analysis. To me I think it's completely appropriate to have vetted this through our parks commission. I think that's an opportunity for them to maybe dive a little deeper into this and for staff to share where their recommendations are coming from. Borton: Certainly an option. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Would this body be open to the conversation about lowering the fees? Would that be more comfortable, more palatable to the taste this evening? Cavener: A motion is always in order. Milam: Mr. President? Meridian City Council April 24, 2018 Page 63 of 87 Borton: Mrs. Milam. Milam: I don't know. Well, but -- but what Councilman Cavener asked them to do is justify these fees or at least come up with a formula that -- to acknowledge where they come from, so us just kind of randomly discussing and changing fees without any of that data is no different -- or maybe -- I shouldn't say no different, but it's certainly no better than anything that's already transpired where Garrett's had an opportunity to actually do some research, we would just be randomly grabbing numbers and to that doesn't make any sense. White: And if I could speak on that just real quick. Borton: Certainly. White: I mean, really, the only recommendations that we had or to go off of was like I discussed earlier, was what the YMCA currently offers. We kind of looked into it and it's like, oh, yeah, if we did charge we will save 15 dollars a month for a senior or youth, what is that equivalent to in visits, you know. So, if you do that you're looking about seven to eight visits, right in that scenario per month to be there and get there. When you look at the average -- we will say pickleball players, because, obviously, there is a big crowd of those -- the average pickleball player plays three to four days a week over there. So, if you average that up it would be worth it to them to get the -- the membership and, then, there is a couple of them that only do a day, two days a week and at that point you would probably just do a day drop-in rate type of thing. So, that's kind of some of the information that maybe I didn't explain well enough earlier, but it is a seven to eight ration of visits there, too. And, really, we were kind of leaning on the YMCA's current structure in the fact of we want this transition to be as smooth as possible, just that -- you know. And we can try this for a year and -- or less and revisit it as we go through it. It's just -- that was the recommendation we went with, just because of what was already established there. Borton: So, Garrett, is there -- is there also an option, in light of the time of the year and we have got budget considerations coming up, to take a more holistic view of Homecourt and the complete expense for its operations and, then, the various means in which some or all of those costs may be recaptured and that is done through the fees for sports programs, fees perhaps for a Homecourt monthly membership and look at it a little broader and determine if the Homecourt operations costs X for the way in which we use it, what portions of that do we want to recapture and how. A lot of which we already do, right, with our existing fees. We are not starting from scratch, but, you know, through our budget process maybe we will see those numbers and we will see a gap, right, to Councilman Palmer's point, right, a lot of these facilities there is not supposed to be profit, right? These are taxpayer funded. That might perhaps assist the Council in making a decision to say as a policy perspective, you know, we understand what the gap is and we understand the various means in which those costs can be recaptured and in light of that we are or are not comfortable charging anything or perhaps only charging nonresidents might be another option, since that's only a few months away. Meridian City Council April 24, 2018 Page 64 of 87 White: Sure. Palmer: Mr. President? Siddoway: Oh. Palmer: Sorry, Steve. Siddoway: A couple comments. One, we -- we can bring a look at Homecourt costs with -- and revenues. The -- I can say that if you set the fees at a place where we would recoup all of our costs during the time they are there it would be astronomical. It would be too high. I wouldn't want to propose that. It would not be realistic. So, we do have a calculation based on an approved day drop-in rate, a number of visits on average that we think would be used in that seven to eight range that Garrett just discussed. The existing YMCA fee and the example that was given of Blaine county, provide a sniff test, but are not the basis; right? The basis needs to be -- it's the approved fee that Council has already approve and how many times are people likely to come and is that reasonable. So, I would propose to you that we have a calculation we would like you to consider. If you wanted it based on actual recouping fees I guess I would want more direction, but I don't really -- my sense is that you don't really want to go there. And the last point that I want to make is if you want to send it down the road for more analysis what we will need some direction on is we have pickleballers that will be without a program, noon ballers without a program come the end of May a month from now. So, what would we do in the interim if we had to renotice -- I suppose in light of not renoticing we could -- we have already noticed, so rather than, you know, starting over, we can either discuss and come to an agreement tonight of what they ought to be based on the calculations that we have done or continue it if there is more information you need. Milam: Mr. President? Borton: Mrs. Milam. Milam: I do have a question for Steve. What is the -- so, first of all, I want to say something. I think you're right in kicking this down the road until like October that we went with the budget cycle would cause -- if they are paying a daily rate would cost these people so much more money than any of these fees, because they would just -- all they would have to go on is a daily drop-in rate. But what is the daily drop-in for a nonresident? White: Four dollars. Milam: Four dollars. So, the only thing, really, that I see on here that I would maybe change is raise that one to 30. Because that doesn’t equate. If you're basing this -- if you are -- what is a resident? Meridian City Council April 24, 2018 Page 65 of 87 White: Three. Milam: Three. So -- yeah. So, three times seven -- I mean, I guess I would be a little bit more. It would be like 28 I guess or -- right? No. Thirty-two. I'm doing really bad math right now. It's too late. Anyway, that would -- I think that would be a little bit higher to Councilman Cavener's point as well, he thought that one was a little bit low, but I think having a program in place where -- that you can get started with and you have something to offer other than the daily rates particularly for those who are there quite often, would be a benefit to our residents. Cavener: Mr. President? Borton: Yeah, Mr. Cavener. Cavener: Steve, your explanation I think gives me a better understanding about where the fees were derived from and that formula seems to make sense. Again, it's not a surprise you want to -- I have significant reservations about our entire fee structure related to this facility, but that's not up for discussion here this evening. That I think is a conversation this body could revisit sometime soon. A question, though, is is the intent -- we talked briefly about care enough to share. Is it the intent that care enough to share would qualify for people if they wanted to use that for this court monthly service? Is that something that staff has contemplated and -- Siddoway: We haven't talked about it, but it seems to fit the model and I think with Council direction we can say yes or no tonight based on your direction. Milam: Mr. President? Borton: Mr. Milam. Milam: Just to throw a little bit more in there, Steve. I would like to see something where maybe you have at the front desk or whatever a post or a sign to let the members know, because especially those pickleball players they -- not to specifically point them out, but you may have members that would be coming and really want to give back and help support, you know, a kid going through that program or to be able to access that. So, I think would really help as far as the end of this, which is the fundraising for that program. Siddoway: Ask them to -- advertise for donations. Milam: Yes. For donations. Yeah. Palmer: Mr. President? Borton: Mr. Palmer. Meridian City Council April 24, 2018 Page 66 of 87 Palmer: To Councilman Cavener's point, you know, at least a third of Council is interested in reviewing the Homecourt fees in general anyway and so I think it would be better to bring this at the same time as we have that conversation, as opposed to establishing this, getting it -- you know, people on the idea that they can do this and, then, a few months down the road if we have that conversation and decide to change it I guess the idea at least for me would be eliminating it, and so maybe they would be happy with that. But I think it would be better to have this whole conversation at once, as opposed to establishing this program and maybe eliminating it. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: And if we were having this discussion maybe a few months previous, which maybe in light of this conversation would have been better, I think we would have been in a better position to do that. To staff's comments, which are completely accurate, is that we take over ownership of this facility in a little over a month and I think it's important that we keep the programming as consistent as possible. So, perhaps if -- if the direction that Council Member Palmer is alluding to, if we are having that sooner, rather than later, meaning in the next two to three weeks, I'm -- I would be supportive of a motion like that. If the -- if the thought is we are going to have this conversation in the next two to three months, I think, unfortunately, Council has set the precedent already as to what we are going to charge for fees. The modeling that staff has brought correlates with that and -- and I would be supportive of -- of speaking and voting in favor of staff's recommendations tonight, recognizing that we -- it may be months before we have this conversation about fees as a whole. So, that -- that I think is -- is -- there is two paths we need to go. It's either do we want to have this conversation about fees related to Homecourt sooner rather than later and if that's the case, then, I'm supportive of continuing this for a couple weeks. But if it's -- if it's not, then, let's just make a decision tonight, so we can allow staff to move forward. Borton: Councilman Cavener, I think you're spot on as far as making a decision tonight being a path. White: And, Council President, one thing to speak to Mr. Cavener's idea there, is if we did do this in a -- three to four months, whatever, is we will have a better analysis of resident-nonresident, how many seniors, how many are not. Now, on that same note, the summer months are a little bit lower in the fact everyone wants to be outside; right? So, there is not as many court memberships during the summer months in the fact that everyone wants to be outside. The heavier months are towards the end of September, all the way through May is the heavier months for that. So, just -- we would have a bit more data at that point. Borton: So, for example, the hearing could be closed, the resolution could be passed, the fees could be implemented and that doesn't mean that you're going to stop a review Meridian City Council April 24, 2018 Page 67 of 87 and analysis and bring back additional data, like you already do with your sports fees and how you assess those. White: Yeah. Borton: Okay. Siddoway: Yes. Mr. President. We can do that. I would request a little time to do that, so we get some history -- so that we get some history so that we get -- I would also like to work with Brad Purser, the new financial analyst in the finance department. I think he was hired to help us do some of these sorts of analyses, but we won't be able to turn that around in a couple of weeks. We would need a little more time. Borton: Council, is there any action? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I move that we -- Mr. President, I move that we close the public hearing for E-1 Milam: 8-E. Bernt: A-E. Oh. Yeah. A-E-1. Milam: Eight. Bernt: Where? Oh. Borton: Is there a second? Milam: Second. Borton: All right. It's been moved and seconded to close the public hearing on the proposed Homecourt fees. All those in favor say aye. Any opposed? The public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Council, any action on this resolution? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I move that we approve resolution number 18-2074. Meridian City Council April 24, 2018 Page 68 of 87 Milam: Second. Borton: Moved and seconded to approve resolution 18-2074. Any discussion? Milam: Mr. President? Borton: Mrs. Milam. Milam: I guess only the discussion on a slight raise in the non-resident fee. How does anybody else feel on that one? Borton: The motion is to approve the fees as presented in the resolution attached. Milam: Oh, the resolution is already -- that's right. Borton: It doesn't negate us from -- yeah. So, the fees as published and presented have a set fee structure. It sounds like from staff's comment that doesn't mean that there is going to be somewhat current or soon and recent review and analysis and tracking and also opportunities to review those as well, but -- Cavener: Mr. President? Borton: It is published there what's before us in the motion. Milam: Right. Borton: Mr. Cavener. Cavener: I think just for clarification for staff, I know that we do an annual look at fees kind of citywide. Parks comes more frequently as kind of response to programing, but it would be ideal for us to have had that conversation, so that these particular pieces -- these annual fees could be built into our annual fee review, I think which is scheduled in October. So, the conversation happening maybe late summer or early fall, so that Council, should any changes come, can be built into that overall larger fee discussion. Borton: Moved and seconded. If there is no further discussion, Mr. Clerk. Roll Call: Borton, yea; Cavener, yea; Milam; yea; Palmer, yea; Little Roberts, absent; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Thank you. Thanks, Garrett. Item 9: Department Reports Meridian City Council April 24, 2018 Page 69 of 87 A. Parks and Recreation Department: Homecourt Bay 5 Update Borton: We now have one Department Report. Mr. Siddoway, welcome. Siddoway: Thank you, Mr. President. Borton: Homecourt Bay 5 update part two. Siddoway: And C.Jay is bringing up my PowerPoint. Borton: You had circulated some information to all of Council last week -- Siddoway: Yes. Borton: -- about this, so -- Siddoway: And to clarify, I'm not here to request budget approval. I'm not here -- but I am here to seek your direction, because we are preparing a budget enhancement for the budget process and I don't want to go spend too much time and energy barking up the wrong tree, going down the wrong road. I would like to know the level or effort that the Council would like to see happen in the philosophy that is with the Council for that -- for the Bay 5 area. The -- but -- let me just launch right in. So, Garrett White, who is still here, made a presentation to Council on March 20th. There were several -- I did watch that Council hearing and there were many questions. I categorized those questions into three main components. What's the history of this? Have we been talking about this? Is this new? What's the budget? Is there a budget? Garrett talked about some numbers. What's the -- there is some confusion around those and what we have and what we don't have for this project. And, then, you know, what is the scope of this project and Council Woman Milam asked for a -- you know, to lay out some options for some of these lower -- potentially lower cost alternatives that were brought up. So, let me just quickly remind us what we are talking about. This is the layout of the Homecourt facility. There are four basketball courts. Bay 5 is what we are here to talk about specifically. That is where the YMCA currently has their exercise equipment and, then, on the far right is the -- the leased space for the church that's part of the Homecourt as well. So, history. This is something that we have been talking about for some time. Early brainstorm ideas and we were just talking before we purchased, but when we were just talking about, you know, what do we do with this space, included everything from classrooms and an expansion of the community center to an indoor playground that Council Woman Milam remembered and I think mentioned on the -- on the record at the last hearing. The -- the direction has gone away from that -- that indoor playground and more toward the -- the classroom idea over the two to three years. In FY-16, which was the June 2015 budget hearings, that was when we were talking about the budget enhancement for the purchase of Homecourt, it was noted, then, that tenant improvements included renovating areas of the building into classroom and office space. Moving forward another year to last year, the Council did approve Meridian City Council April 24, 2018 Page 70 of 87 75,000 dollars for us to -- for Bay 5 design and construction documents. That is the process that we are in the middle of right now and pulling the language straight from the enhancement, it was to design and produce construction documents for the Bay 5 renovation. Once the YMCA completes the South Meridian YMCA they will move out of the facility, leaving Bay 5, the current fitness area, empty. Based on the parks and recreation master plan information we plan on creating three classrooms, office space and storage. It will provide more opportunities for community education classes. A year ago that was our -- our direction. Those design costs were approximately ten percent of a 750,000 dollar'ish project. You know, we don't have an exact amount, because we didn't have a design. But that was the -- the rough guess for what it might cost at the time. Forward to September of 2017. We took the Council, Commission and others on the park facilities tour. We toured the Homecourt at that time and shared with you the initial concept plan for Bay 5. This is the plan that was in the packets for the Homecourt tour in September of 2017. It included three classrooms. Again, that's what we were trying to build at the time. The office, the storage, and the restroom renovation that you see before you. There were no cost estimates at this time and -- but we were just developing concepts. You know, what is it we are trying to do. The subsequent discussion after the -- the Homecourt tour with the commission was that, hey, we are building these -- we have room for two stories, but -- so, if we put a roof -- a ceiling on this at a single story, we have all this wasted space up above, but we are going to need ceilings for what we envisioned at the time in order to prevent sound to travel back and forth, so they said, look, we got one chance to do this right, let's at least look at a two story option. Let's maximize the available space and see what it -- what it could be. So, they came up with the two story option, which looks very similar on the ground floor as the one story option, but, then, includes elevator, stairs and some additional classroom space on the second floor. We, then, took that through a cost estimating process through December and January, got -- got back the cost estimates and we all took a gasp, you know, it was more than we expected. But the -- the first floor only option was about 1.8 million. If we said -- and the three stories -- or, sorry, the option three, the two stories, was about 3.1 million and, then, we also asked to price out a -- if we only build the first floor, assuming we might not be able to afford both floors at the same time, but could we build the first floor to accommodate the second floor structurally, that was about almost 2.7 million dollars. So, we all agreed immediately these numbers were too high. This is too much. That the cost is too much for any of these options to seem palatable. If I'm wrong, please, let me know. But that was our immediate take and we are like we have to scale this back. This is -- this is too much. So, the very next month in February we took that back to the commission and we said we shared the numbers with them and they agreed. They are like, yeah, we wanted the two stories. We wanted that. But it's too much. Let's rethink this. So, they scaled back their recommendation. That scaled back recommendation included the office front desk, restroom renovation, the storage areas, improved access between the -- the Bay 5 and the four basketball courts and, then, instead of three classrooms, just made it a multi-use sports court that would accommodate recreation classes, such as Zumba, martial arts, dance and things that can use the open area. Didn't necessarily need classroom space. And at the same time, you know, it also functions for multi-use recreational sports, for basketball, pickleball and volleyball. We didn't have a specific cost estimate, but -- but expected Meridian City Council April 24, 2018 Page 71 of 87 that this version would be under a million dollars. So, in March the very next month the commission made that recommendation that this is the direction we would like you to take. We brought that forward to the Council to say are we on the right track. We presented those options to you and, then, we got the questions that I'm here to talk about tonight. So, what I wanted to talk about is why -- what was behind the commission's recommendation for the scaled back version. Are they -- there was eight items we pulled out of that discussion. One, it gives us space for the dance, martial arts, fitness education classes that we were trying to grow from the community center over to some additional space and allow us to backfill other recreation programs at the community center and/or at the Homecourt. And it allows the city open gym program to move from a basketball court into this multi-use space, allowing more -- more space -- another court, basically, opens up for reservations and adult league games. That, in turn, allows us to meet the growing demands for the adult sports program, having another court available for reservations in the evening, allows for more revenues if that is important. Not sure it is based on the conversation I just heard. The multi-purpose area as a design would function better for this building, what we were trying to cram into it. There were concerns that the -- the classrooms -- especially the two-story option would exceed the current parking limits of the facility that's out there. The budgets more realistic and, you know, but still see this need for -- for the community center expansion and a need to discuss a future community center, but they are willing to table that and say let's do this. This is a multi-use function that fits what's going on at the Homecourt and we can look to future needs for a community center at another time. So, now we are to April. I'm here tonight trying to address those follow-up questions from Council. As I mentioned, seeking your direction to know that we are headed down the right road, so that we can prepare a budget enhancement to bring forward with the budget process. So, there was confusion around the budget. So, let's talk about that. Currently we have zero dollars allocated for the renovation. We do have in our budget 634,000 dollars in the Homecourt line that is carry forward savings from the original Homecourt purchase. It was generated from using some impact fees toward the purchase. We have carried that money forward with the intent of asking Council, you know, to use this toward the -- the renovation, but Council has not yet had that discussion. It is in our budget, but it is carry forward from the purchase, just to make that clear. We do have in the CFP for FY-19, next year, capital improvement fund in our savings account 500,000 dollars earmarked for Bay 5. So -- and Councilman Borton asked me to look and see was that just added this year or was it also in last year's CFP and it was in both. So, it's been -- it's been in there for at least a couple years. Now -- so, this is -- when Garrett mentioned the 1.1 million dollars, this is -- that came from adding 634,000 dollars of carry forward, plus the 500,000 dollars that's in the CFP anticipated for next year, which we saw internally as the potential upper limit for funding. We thought anything above that is not realistic, but still even with that our goal -- we -- the 750,000 dollars was kind of what we had already talked to Council about with the -- the 75,000 dollar design budget. So, let me just pause there and ask if there are questions related to this -- this budget layout. Okay. So, this brings me to the Homecourt options and menu. Council Woman Milam asked if we could bring back a menu, things that you could pick and choose from, break it down a little further, so we have tried to do that here for you. There were some specific discussions at the last Meridian City Council April 24, 2018 Page 72 of 87 hearing about the restroom area and remodel and could we not -- maybe not remodel the whole thing, but just take care of some ADA issues and do some minor improvements only. We have a number for that, but I need to caution you that it's not fully developed, there are some unknowns that I will go over here on the next slide, but it's a ballpark to give you an idea. For the multi-use courts there was -- we -- our proposal is to -- to update the -- the sports court flooring and bring a new flooring and get rid of the -- the 13 year old flooring that's in there. But there is an option to talk about of using what's there, repairing the existing flooring, and doing some various painting and miscellaneous repairs to the walls and things there. There is also, separate from Bay 5, some additional items that have been recommended to us for humidity and condensation control and there is a separate option for that, that if you only want to take a -- a smaller step to see what kind of an impact it makes, we can just finish out the zoo fans that we -- we started that project last year and it's wired and ready to accept those fans now and we -- that's an option and I will get into the pros and cons a little bit here. So, there are issues with these potential cheaper alternatives. With the restroom area remodel one of the biggest unknowns that we still need to develop is these privacy walls. One of the main issues if we are going to try and do a remodel of any kind to meet current ADA standards the privacy screen that's just inside the door is in a clear zone. There is no place to move it inside the restroom, so those privacy screens would have to come outside. If they extend that onto the wood floor we can't just attach it to the wall and the wood floor, because the wood floor floats and moves, so there is a -- there is a -- a question there that will need some additional looking. But we have looked at it enough already to know that the privacy walls would extend onto the wood floor where the score keepers currently sit on court four for scorekeeping and to within five feet of the pickleball court lines and the -- on the back side in Bay 5, because there is doors on both sides, right, on the court four side and on the side in Bay 5. If that private -- if this -- if that privacy wall needs to L, which is hard for me to imagine that it wouldn't, but there would need to be some more analysis to say can a straight wall provide enough screening to not see directly into the restroom. But if it -- then on the Bay 5 side there is stair supports that go up to the -- that upper mezzanine and the L would be in the way of accessing the women's restroom and we would need to, then, modify the stair supports. So, that still needs to be looked at. With the remodel that's being proposed we are proposing to double the number of fixtures. This isn't just pretty it up, this is -- let's -- let's get more -- more toilets, urinals into the facility and another item is a desire to separate the showers from the restroom use. So, if we -- if we don't do that, then, we have -- we still have the combined shower-toilet areas. Our -- our proposed design also includes family restrooms, which we wouldn't have if we choose not to do that. With the multi-use courts, flooring, this is probably one that's had the most interest and attention. I think it is possible to just repair what's there, but one thing we have discovered just in the last couple weeks since Garrett was here before you is those flooring colors have been discontinued. So, are we okay with swapping some out with some other colors, you know, I -- that's a call that -- that we can discuss. But to match -- Borton: Steve, real quick on the flooring. Is that just kicking that can down the road? I mean rather than replace it now is it just delaying that expense that you were -- Meridian City Council April 24, 2018 Page 73 of 87 Siddoway: Absolutely. Borton: Okay. Siddoway: Yeah. And I have some pictures I can show you if you're interested in that as well. Borton: Sorry. Siddoway: Councilman Bernt and I went out there to look at it, you know, I think it's -- it's in okay shape, you know, it's not -- it's not horrible. There are some issues, though, I will show you, because it is starting to -- to bubble and some seams are starting to -- to lift and -- but a ball can bounce on it. You know, there is -- it's not unusable. Borton: Okay. Siddoway: The humidity and condensation control -- you know, one of the questions I can't answer is, you know, if we don't do the solution recommended by the engineer for us to take care of the condensation that -- that is forming on the ceiling, do we risk a more costly fix in the future if there is mold or other things. We would -- we would like to get on top of that one. But -- but there is an inter -- interim step if you want to try it. So, costs. The original single story option that we got the cost back on was the 1.78 million dollar option that we all agreed was too high. The proposal that the -- that we have taken to the commission and the commission is recommending to you is at 690,000. So, less than the 750 that we have been aiming for. If you were to take all of the minimized alternates that -- that would add up to 280,000 and you can -- you know, you can pick and choose others in between. So, I do have some photos I could show you. This is the flooring. So, you can see some of the locations where the seams are starting to -- to bubble, the corners are lifting a little bit. There are -- you know, it's not unusual, but it is 13 years old and it's had a lot of use with a lot of fitness equipment on top of it. Our preference would be to -- to put down some -- some new flooring, but it is a blue, you know, modeled with some white and we were hoping to meet with the manufacturer today. We had an appointment to see how close can we get to this. They were unable to make that meeting happen, so I don't have that answer to what -- you know, how close is the -- the nearest color that we -- that we can get. Milam: Mr. President? Borton: Mrs. Milam. Milam: Steve, I don't know that I'm worried about the color necessarily -- maybe depending on how many and we could do it in a way to make a pattern look kind of cool, actually, probably. My only question on the flooring is -- we have moved some of those -- the equipment is still there. Meridian City Council April 24, 2018 Page 74 of 87 Siddoway: It is. Milam: Have you moved them to kind of just really get a good idea of -- Siddoway: What's underneath. Milam: -- what damage has been done and is it going to come back up or is it permanently smooshed down by the weight of the -- Siddoway: Great question. We have -- we did move some while we were there. It wasn't -- it wasn't -- Bernt: Nothing. Siddoway: -- much different underneath than it was outside. There is not a lot of extra indentation underneath the equipment that's there. There is an area where the weights are that is a more spongy surface that I think would need to get replaced. It is also kind of sliced and worn from -- from dropping weights and things on it. It's a -- it's a smaller area on the -- what is that, north -- the south side of Bay 5. This is the walls. There are some areas that are chipping and peeling and just lots of dirtiness that have happened over the years and so we would want to freshen that up as part of anything we do, so -- and, then, if you're wondering what the -- the full list of items on the humidity and condensation control is, I typed that up here. So, this is what's all part of the 125,000 dollar option. The 25,000 dollar version is just item number one on that list. So, it's, basically, the zoo fans, in-line exhaust fans to a specification. Louvers that would open and close with motorized dampers and, then, the controls to have them all work in sync with one another. So, that's what's being proposed and that is my presentation and I would welcome the discussion, but I think I will go back to -- I think to this slide. Borton: Thank you, Steve. Great presentation and additional information. Council, comments, questions? I will throw out my two cents. I think the recommendation for Planning and Zoning is appropriate. You have done a great job of narrowing the expense into -- almost entirely into a window of existing savings from the way that the purchase was structured. It's been within the CFP plan for a couple years. To do any of the red sounds to me like it's inviting future expenses. It seems a bit short termed. So, I think the recommendation from Planning and Zoning is appropriate. Siddoway: Parks and Rec Commission. Borton: Parks and Rec. Planning and Zoning. Had a long week. Transportation Commission's recommendation. Parks and Rec. Sorry. Six ninety. Cavener: Mr. President? Borton: Mr. Cavener. Some thoughts and maybe a conversation with Steve. I agree, I think that some of these changes and remodel have been contemplated for a number of Meridian City Council April 24, 2018 Page 75 of 87 years, but I also think what we had hoped to achieve is outside the scope of what budget we have available at this particular time for this project. I have spent considerable time thinking about this and taking both yours and Garrett's comments about the need to heart and -- and one of the things I have come back to is -- what I hear oftentimes that we hear from -- from staff is if -- if only we would have known when we did X that really we needed Y and one of the things that I really think that this Council and maybe staff needs to consider is us getting in and really taking ownership of the building before we come forth with a true recommendation for what type of remodel or upgrades or improvements that we need to make. Now, I think clearly there are some immediate needs that I think need to be addressed and some of the things that are proposed may be that, but one of the things that I would -- I guess I'm one that I would like us to get back to that initial plan of -- of multi-classroom space. That's -- that's the vision that I think has been prescribed and that's one that I would much rather us get back to, recognizing that it might not come next year or maybe two years. So, where I am is -- is I guess I'd like to have the conversation with -- with you about what are those immediate needs that you think are the most critical to the facility. Excuse me. And, then, maybe going from there. I don't -- I don't know if -- if you believe the proposed is the immediate need that we need all of those today or we need those very shortly after we take ownership? Siddoway: What we have proposed is exactly what we see as the immediate need with the caveat that I think we could figure out -- we could -- we could use the flooring for a few more years if we wanted to -- to do that to minimize those costs, but the immediate need is to -- we are out of space at the community center. We need to be able to -- and it's difficult to line dance in the community center where there is a post in the middle. It's difficult to do some of those types of classes that need space to -- to spread out. I think this meets that need for classroom space in a way without building classroom walls. It -- so, one of the things that Councilman Bernt asked us to look into, instead of building walls, can we put in curtains. There was a -- that's another item -- you can see on the bottom, curtain divider costs are still being determined. We -- not for lack of trying. We have reached out -- those costs are still coming. The -- to do a mechanical motorized curtain like exists already in Bays 1 through 4, the cost we got back to do those -- just to replace one that's there, if they could use the existing rail, was almost 20,000 dollars. So, with the -- and I don't think that's where we should go. So -- and it would be more than that by installing the rail. I don't know exactly how much yet, but if we go with manual curtains that we can just pull, you know, it should be in the -- the seven to ten thousand dollar range I would think for the types of curtains that we are talking that are commercial. They are about 5,000 dollars themselves, plus installation. So, we don't have an installation bid yet and we would probably like to have two curtains, but this -- this is the solution that I think meets the immediate needs. That allows us to pull some use out of the community center, that it frees up space to do there and allows for both a combination of recreation class and programming use, as well as the recreational sports use. Brent: Mr. President? Meridian City Council April 24, 2018 Page 76 of 87 Borton: Mr. Bernt. Bernt: Great presentation. Looking at the facility, I do believe being a flooring guy by no means am I advocating I'm the guy that fixes the problem. I just want to make that clear right now loud and clear. I do know people that you can call -- they are not affiliated with me -- that probably could fix that. I don't know how much they charge. You can go talk to them. More power to you. But I do believe that -- that the floor is fixable. We will have to replace that -- the spongy area where, you know, the heaviest equipment was at. That place is destroyed. And I'm thinking that we possibly could find some similar type of equipment that would be black or something that would be -- that would look nice. I -- looking -- my biggest concern is -- are the restrooms and you had sort of given me a heads up about, you know, your concerns, but after we looked at the facility and looked at the restrooms, one of the concerns was, you know, you can glance in that -- into the men's -- and we didn't look at the women's, but we looked in the men's and the concern was -- you can glance in and you can see dudes changing in there and I was -- we were having a conversation, a gentleman walked up and glanced -- I could see him changing and so it is a concern and so -- and I think that we -- that needs to get resolved before we have anyone use those restrooms, in my opinion. I think -- I think it's -- that should be a high priority. And another concern that I have is -- is separating, you know, the family use versus the other use, just for obvious reasons. I don't know if it's appropriate to have, you know, grown men showering, you know, and having little boys in there, you know, using the bathroom. I just don't know if I feel comfortable doing that, knowing -- we live in 2018 and, unfortunately, we don't have control over some -- you know, the weirdness that happens in our society every once in a while and if we have to spend a little money to ensure that that does not happen and that we have a safe facility that's available for young kids and older men and women, then, I think that we need to address that and take care of that. As far as the humidity control is concerned, I -- I don't have enough experience. I mean I would -- I would think that I would go off your recommendation, but -- but what are involved with the other costs? Siddoway: Oh. Those were the testing that would need to happen for -- like materials testing. Permitting. There is permitting costs. While a lot of permitting fees are waived, we do pay the direct costs for permit reviews, furnishing, fixtures and -- what's the E in FF&E? But the furnishings that would go in the office, it's just those -- those additional costs that would go into the -- the facility. Bernt: My two cents. I thought the floor was in pretty decent shape. I mean I literally grabbed a basketball and I was dribbling between my legs like -- like Kobe Bryant back in the day when he was on top of his prime. It was pretty similar I thought. And it was -- it was -- I think it -- I think it can be usable for at least two to three more years easy, in my opinion. Borton: Council, anymore direction -- decision I guess? Direction? Cavener: Steve? I'm sorry. Mr. President? Meridian City Council April 24, 2018 Page 77 of 87 Borton: Mr. Cavener. Cavener: Steve. On your -- on your total budget -- and I appreciate pulling up this slide. When you look at the total budget, the third column is 280,000 for the -- it's shows like the minimum alternates. Siddoway: Correct. Cavener: We are -- again, I'm not that bright and we know that, but I can count 90,000 on the list and I just don't know where the other 190,000 that equals the 280 is coming from. Siddoway: Oh. It brings over the 165 from the office front desk -- everything that doesn't have a red. The 25 from other costs and that would be it. Cavener: Still don't -- Borton: Item number one is in both and item number four is in both. It's just -- Siddoway: I had originally created multiple options for you based on one, two, or three of the alternates with -- with different, but it got -- it got complicated and in talking with President Borton he suggested this is a layout that you could pick and choose. So, I will say if you minimized all the alternates -- if I did my math correctly -- I did double-check it, but unless I made a mistake, the total should be 280. If you were to do something that -- like accept everything except the flooring on the multi-use courts and just do the 25,000 dollar alternate, I think that 75,000 would come off of the 690 and whatever that comes up to be. Six fifteen if I did my math in my head correctly. But we would be what I think Councilman Bernt is talking about. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Steve, in your proposed 2019 base budget you have dollars in the base budget for repair and maintenance of this facility related to courts or any assets or resources associated with the facility and, if so, ballpark what's that amount? Siddoway: So, last year we -- we took out the -- the maintenance for the -- the wood floors, because we were doing the larger refinishing project that was approved tonight on the -- the Consent Agenda. Those -- those are proposed to be added in -- back in. I mean they were -- they were approved originally as annual amounts. We have just approved a one time drop out of 20,000 that would come back next year. Other maintenance funds -- I don't have off the top of my head. Garrett? White: Councilman Cavener, we have maintenance funds -- just that line item there is 55,000 a year annually. Like Steve mentioned, we dropped the 35,000 last year, Meridian City Council April 24, 2018 Page 78 of 87 because 20 of that is typically the annual floor maintenance. So, the next year's budget we are wanting to go back up to 55. Cavener: Mr. President? Borton: Yeah. Cavener: I don't know if you're looking for maybe direction or what -- what are you looking for from us and, then, I think -- Siddoway: Direction. Looking for direction. Please. Borton: So, we are going to pick a path -- Mr. Bernt, it sounds like he was at a six fifteen path if you delayed the sport court. Siddoway: I'm fine with that as well. Borton: With his background I think that makes great sense as well, so -- Cavener: Mr. President, obviously, I'm always open to what the will of the Council is. I am one that I would like to see us take full ownership of this building, recognizing that staff has a mechanism with a budget amendment that they could bring to us once we have been in the facility for a certain amount of time and can better articulate maybe what our true immediate needs are and they may be different. I'm supportive of carrying over the savings that they have from the purchase of the building, so that they are at least aware of some of the budget dollars that could potentially be available. The other piece that -- you know, that we are -- I struggle with making a decision about this in a bubble. There is some big demands for our parks system that I -- as I understand we are going to be talking about this year's budget session and so I'm -- I'm more in favor of us being in a holding pattern and to maybe re-review this in six months to a year is where I would be more comfortable with. Siddoway: And if I understand the direction it's -- there will be an enhancement in this budget this year that we will see, you know, late May and June that's going to have a figure that comes from this discussion for us then to decide. Siddoway: Yeah. Borton: Correct? Siddoway: Mr. President and Councilman Cavener, we do think that the -- the majority of this is a next year project, but to make it a next year project we would need to discuss the budget of that this year. The one difference I would say, if we are willing to allocate some of those existing cost savings to some of the repair and paint, then, we might, you know, with your blessing, come back with a -- with a request to use some of those funds for the -- to repair the floor and paint the walls this summer. But even if we do that, the Meridian City Council April 24, 2018 Page 79 of 87 restroom remodel isn't ready to happen this summer. But we would need to know now if we want to do that next year, so that we can do the construction documents, have that ready to bid and -- and have a budget proposal ready for you. So, the only thing right now that I think we could conceivably do is the -- the floor and wall repairs in -- in Bay 5, if you want to leave those. I think the rest would be an enhancement for next year. Borton: And so, Steve, when you say no now, you mean no this summer as part of the budget process. So, for example, if we point to now, yeah, do the proposed -- for example -- Siddoway: Uh-huh. Borton: -- that's not being decided now, you're, then, going to bring back an enhancement, which would get reviewed in conjunction with all the other enhancements. In June and July we decide whether -- Siddoway: Correct. But we are about to -- we have already submitted draft enhancements. The draft that we have submitted is just based on the CFP at this moment, but we -- having this discussion will allow us to refine that enhancement, so that it's -- it's more in line with Council's desire and, then, there is also a balancing process coming up with the Mayor and directors, so that we bring you a balanced budget. We will just be better prepared to do that with better information. Milam: Mr. President? Borton: Mrs. Milam. Milam: I -- yeah. A lot of stuff. This is a lot of money, Steve. I am -- I don't remember the restrooms and I don't remember them -- I remember using them and I don't remember them being in dire need of repair. So, to me I look at that 275,000 and that number strikes me the -- the most and I'm sure they could use some touch-up, but we are having two different -- two different conversations in there. We don't want to charge our people anything, because they are taxpayers, but we want to have the fanciest state-of-the-art facility with these 300,000 dollar bathrooms. I have -- I struggle with that and I don't think we can have it both ways. Well, we could, but it's a lot -- I mean it's a lot of money and Councilman Cavener had a good idea. If the -- if the visibility is a -- is a problem you put a curtain right inside the door, just like they do in hospital rooms. That has to be very inexpensive. It covers up and nobody can see and -- Bernt: Could do that now. Milam: Yeah. I mean that could happen immediately if we are worried about -- about the visibility. So, I would go with almost all the minimum alternates on this. The humidity controlled, those fans are needed as part of that, so it's not like we are spending 25 and we might have to do something different, they are part of the whole package. So, I say let's start with that and see if it -- it helps the situation. We might be Meridian City Council April 24, 2018 Page 80 of 87 surprised. We might actually not need the entire thing. I might go a year like we really still need the whole thing and it doesn't cost any extra really; right? Other than the rest of the package. Siddoway: Yeah. Other than inflation and -- but yes. You're right. Milam: But I think things like touch up, you know, paint and fixing the -- the floor and it has to be replaced and touching up the rest of it, I think is this a fine alternative and -- and a way to make this still a nice, clean, presentable facility that doesn't necessarily have granite toilets. Siddoway: And I want to make it clear that we are not proposing that. Milam: Just kidding. I'm exaggerating. Siddoway: We do not want the most expensive restroom and that is not what we are proposing and I need to make sure that's crystal clear. What we want is something that is -- is quality, efficient and effective and safe. But not -- not the most expensive. Milam: I apologize, Steve. I was -- I was exaggerating a little bit. That's on me. Bernt: I have never seen granite toilets. Milam: This is a -- it's a huge number and -- you know. I don't remember them being that bad, so that was -- that's where that came from. Borton: Those are -- can we get to even a consensus of what an enhancement request would look like? I mean, otherwise, we are going to do this again in June. You can pick a -- pick a path yourself, bring the enhancement, and see what happens in our June discussion and we are going do to this again. We will have everything else to view at the same time at least. Cavener: Mr. Borton -- and I don't want to penalize staff where I appreciate coming and having this conversation. It -- it definitely is a different way of us looking at enhancements outside of kind of our normal process and I -- and I recognize the reason why, but it -- it is challenging to say here is what I think you should do based on what's in front of us today without being able to have a full consideration for what the budget is going to look like and, again, you're the director, you run the -- the department, you rely on your staff and your liaison to bring what you think is best and it's our job to weigh that versus dollars that we have availability and what we think is best in -- in the totality of our city and so I struggle with saying do X for fear that you're going to go and do X, everything that Council says, and, then, we are going to get to the budget hearing and we are like, oh, we can't do that. It's too much. And so -- Siddoway: You know what, for me that's okay. If I -- if I'm developing -- at least know I'm developing the enhancement that you would like to come back and, then, you have Meridian City Council April 24, 2018 Page 81 of 87 the option of doing whatever needs to happen within the context of the rest of the budget. I understand. Cavener: So, again, I also know that staff and the department is trying to not bring lots of enhancements and the optics of that, but I guess what I would say -- bring an enhancement for the humidity control, bring an enhancement for the multi-use courts, the repair, replacement, and those would be the two that I would suggest that you would bring, two separate enhancements for -- for next year. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: And I would add -- and maybe you said it. I don't know. Repair to the wall and paint. It looks bad. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: As I understand, the -- you have a budget right now that you could use to take care of some of those things as soon as we take ownership of the facility; correct? We have got a budget for repair and maintenance -- Siddoway: We have a budget, but I don't know how much if it's even remaining for this year, so -- White: I believe we do -- excuse me. I believe we do have some money left in that budget for that. We would have to get quotes, obviously, on paint and things like that, but, yeah, I believe we do and the basic building maintenance that we discussed earlier. Cavener: Mr. President, I think to that point I don't think we ever want to set the precedent as a Council to tell a department where they need to handle repairs or replacements of a facility. They are the subject matter experts. That's why we have the budget process on an annual basis for our facilities and you're going to be in that building on a daily basis and are going to be able to say this is what we need to do right now with the budget that we have available. White: And, Councilman Cavener, to speak to that, we haven't got quotes to painting that whole big -- that's a lot of wall space there and things like that. So, I don't want to say yes for sure we have the -- the building maintenance funds. They are available right now. But to do the wall replacements and repairs, stuff like that, absolutely, the patches here and there, but -- Bernt: Mr. President? Meridian City Council April 24, 2018 Page 82 of 87 Borton: Mr. Bernt. Bernt: I -- I would also -- I personally, after being there and looking at the -- the restroom situation, especially the -- I would include the restroom remodel. I just don't think that it's conducive to a family situation personally. I mean I -- I think that you could -- there is some issues -- definite issues and so I would -- that would -- that would be my -- I would say that that's more important than the humidity control in my opinion. But my next questions to you is could you do the office -- could you do -- could you do -- do we have to make a decision on like the office? Is that in conjunction with the restroom remodel at all? Siddoway: Yeah. We have it separated out right now. Bernt: I know, but those can do -- be done differently. Siddoway: They can be done separately. Bernt: Okay. Siddoway: What I might propose, given that I have heard do the proposal, do the -- you know, the restrooms, but not the floors. And, then, a couple -- I think what I will do -- I will put together an enhancement with -- with line item options that can be accepted or rejected in -- during the -- the budget process. We will bring forward the -- the full deal, but we will also have the options in there for Council to make the decision during the budget process. Milam: Mr. President? Borton: Mrs. Milam. Milam: I know -- and I don't think it's a term easier, but maybe easier for processing purposes, to put -- bring them all on separate budget amendments -- or budget enhancements and, then, we approve the ones that we want to and we don't the other ones and it's based on this project, as well as everything else that going on. Siddoway: It's probably the same to me either way. It's -- it's either one enhancement with multiple options or separate enhancements, but I understand that you want options to accept this and not that. Milam: Right. So -- okay. So, I guess the problem is like this conversation that we are having -- okay. So, we all have -- gave you totally something different, but if we have -- if we have got whatever -- six different enhancements, we are going to vote on each one yes or no, yes or no, yes or no, where if it's all on one we could be talking for four hours and not really ever come to a conclusion. Do you see what I'm saying? Siddoway: It might streamline the discussion. Meridian City Council April 24, 2018 Page 83 of 87 Milam: I think so, but that's just my personal opinion. I just -- I see that it could be easier for -- like actually making decisions and, you know, are we going to do this or not. We talked about it, but -- I think otherwise we are just going to do this for -- Borton: So, in conclusion, your direction is there is no clear direction. There is no clear consensus. You understand the range, the menu of options and in light of everything you have heard we will see where it goes in June. Siddoway: Okay. The -- the one additional item I would say is we will take a look at the -- the cost for the repair of flooring and wall and paint in Bay 5. We will look at that in relation to existing budget. If we don't have the existing budget, then, would you be okay with me bringing back a request for using some of the funds that we have in our carry forward amount toward that to use this summer. Milam: I would open -- Borton: Yeah. Steve, to the request, sure. Yeah. Siddoway: Yeah. Borton: I mean from my perspective we own the building and we are going to operate it. It's got to look first class as we intend it to and if, by God, you got to patch holes and paint it, it needs a little extra revenue to do that, certainly ask. Gosh, let's get it done. It's not -- and that's how you operate your department, so -- Siddoway: We will look at that as a -- a potential improvement for this year. The rest of these will be part of the budget discussion for next year. Okay. Milam: Mr. President? Borton: Mrs. Milam. Milam: Okay. Just let me clarify what I said about the enhancements. Yes, one, I would definitely have the alternate and the same enhancement. Either/or. But you do a -- bring them forward the way you want, but I just -- don't separate those out. Siddoway: Okay. Milam: Those should be this way or this way on the one. Siddoway: Okay. All right. Thank you. Borton: We are good? All right. Thanks, Steve. Milam: Thank you, Steve. Have a good night. Meridian City Council April 24, 2018 Page 84 of 87 Item 10: Ordinances A. Ordinance No. 18-1771: An Ordinance (H-2017-0154 – Lasken Annexation) For Annexation Of A Parcel Of Land Being A Portion Of Lot 1 Of Onwiler Subdivision, A Recorded Subdivision On File In Book 8 Of Plats At Page 378, Situated In The Northwest ¼ Of The Southeast ¼ Of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent An Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 35.35 Acres Of Land From Rut To R-2 (Low 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 Borton: Moving on. Thank you, Garrett. Item No. 10. Ordinance No. 18-1771. Mr. Clerk. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 18-1771: An Ordinance (H-2017-0154 – Lasken Annexation) for annexation of a parcel of land being a portion of Lot 1 of Onwiler Subdivision, a recorded subdivision on file in Book 8 of Plats at page 378, situated in the Northwest ¼ of the Southeast ¼ of Section 7, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 35.35 acres of land from RUT to R-2 (Low 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. Borton: Thank you, Mr. Clerk. We have heard this ordinance read by title only. Does anybody wish to hear it in its entirety? Seeing none -- Milam: Mr. President? Borton: Mrs. Milam. Meridian City Council April 24, 2018 Page 85 of 87 Milam: I move we approve Ordinance No. 18-1771 with suspension of rules. Cavener: Second. Borton: Moved and seconded to approve the ordinance in 10-A. Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Item 10-B, Ordinance No. 18-1772. Mr. Clerk. B. Ordinance No. 18-1772: An Ordinance (H-2017-0170 – Oaks Subdivision) For The Re-Zone Of A Parcel Of Land Located In The NW ¼ Of The NW ¼ Of Section 33, 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 (Limited Office) Zoning District To R-8 (Medium High Density Residential) And R-15 (Medium High Density Residential) Zoning Districts In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date Coles: Mr. President. City of Meridian Ordinance No. 18-1772: An ordinance file (H- 2017-0170 – Oaks Subdivision) for the re-zone of a parcel of land located in the NW ¼ of the NW ¼ of Section 33, 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 (Limited Office) Zoning District to R-8 (Medium High Density Residential) and R-15 (Medium High Density Residential) Zoning Districts in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Borton: You have heard this ordinance read by title only. Does anybody wish to hear it in its entirety? Seeing none -- Milam: Mr. President? Borton: Mrs. Milam. Meridian City Council April 24, 2018 Page 86 of 87 Milam: I move we approve Ordinance No. 18-1772 with suspension of rules. Cavener: Second. Borton: Moved and seconded to approve ordinance 18-1772. Any discussion? Seeing none, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Ordinance No. 18-1773: An Ordinance (UDC Text Amendment H-2018-0011) Amending Meridian City Code as Codified At Title 11, Pertaining to Uses Allowed in Table 11-2A-2; Standards for Portable Signs; Daycare Facility Specific Use Borton: Last but not least, Item 10-C, Ordinance No. 18-1773. City Clerk. Standards; Provisions to Allow Multi-Family Private Open Space Standards to Be Eligible for Alternative Compliance and Modify the Subdivision Street Names Standards to Align with Newly Adopted Title 8, Chapter 2, Uniform Street Name and Addressing Number Code; and providing for a waiver of the Reading Rules; and Providing an Effective Date Borton: Last but not least, Item 10-C, Ordinance No. 18-1773. City Clerk. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 18-1773: An Ordinance (UDC Text Amendment H-2018-0011) amending Meridian City Code as codified at Title 11, pertaining to uses allowed in Table 11-2A-2; Standards for Portable Signs; Daycare Facility Specific Use Standards; Provisions to Allow Multi-Family Private Open Space Standards to be eligible for alternative compliance and modify the subdivision street name standards to align with newly adopted Title 8, Chapter 2, Uniform Street Name and Addressing Number Code; and providing for a waiver of the reading rules; and providing an effective date. Borton: Thank you. For this ordinance read by title only, anybody would like to hear this one read in its entirety. Going once. Seeing none. Milam: Mr. President? Borton: Mrs. Milam. Milam: I move that we approve Ordinance No. 18-1773 with suspension of rules. Cavener: Second. Meridian City Council April 24, 2018 Page 87 of 87 Borton: It's been moved and seconded to approve Ordinance 18-1773. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Future Meeting Topics Borton: Item No. 11, Future Meeting Topics. I think everyone has got the draft agendas in front of them. The only thing I would add is there is a Town Hall on the 9th - - Wednesday the 9th of May, so -- Item 12: Executive Session Per Idaho State Code 74-206(1)(d): To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code and 74-206(1)(j): To consider labor contract matters authorized under section 67-2345A [74-206A](1)(a) and (b), Idaho Code Borton: Item No. 12, Executive Session. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we go into Executive Session per Idaho State Code 75-206(1)(d), (1)(j) and 74-206(a)(1)(a) and (b). Palmer: Second. Borton: It's been moved and seconded to go into Executive Session as stated. Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (9:43 p.m. to 10:04 p.m.) Milam: I move to adjourn. Mr. President? Borton: Need a motion to come out of Executive Session. Meridian City Council April 24, 2018 Page 87 of 87 Milam: Second. Borton: All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Motion to adjourn. Cavener: So moved. Milam: Second. Borton: All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5 �- MA MY DE WEERD APPROVED ATTEST: C. JAY CC ;Dl K City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number:5 Project/File Number: Item Title: Future Meeting Topics Meetina Notes CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN -IN SHEET Date: April 24, 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 24, 2018 Agenda Item Number: 6A Project/File Number: Item Title: Approve Minutes of March 20 2018 City Council Regular Meeting Meetina Notes 9 APPROVED Meridian City Council March 20, 2018 Page 80 of 80 MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (10:15 p.m. to 10:25 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Milam: So moved. Borton: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: I would entertain a motion to adjourn. Milam: So moved. Borton: Second. De Weerd: All in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:26 P.M. O RE ATTEST:— C. TTEST:_C. JAY COL N FILE OF THESE PROCEEDINGS)/ Toe, &r -on DATE APPROVED Council Pre&Je4 J O��jeD AUGt/STl r"A CITUC ERK ch'i Of ID1AN�- W s SEAL- �e City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6B Project/File Number: Item Title: Approve Minutes of March 27, 2018 City Council Regular Meeting Meetinq Notes 9 APPROVED Meridian City Council March 27, 2018 Page 53 of 52 De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:26 p.m. to 9:15 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Milam: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Milam: So moved. Little Roberts: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:16 P.M. (AU DIN FILE OF THESE PROCEEDINGS) LI 1 ) L� l �/ R J Oe`�)g-ktn ATE APPROVED councoWesiden- - Pt�p AUGUST,' ATTEST: -S C. JAY COLE CITY LERK 0 � ,� IDIAN� E 1C,%"0 Y w ti SEAL ,,e/ of the City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6C Project/File Number: Item Title: Approve Minutes of April 10 2018 City Council Workshop Meeting Meetina Notes 9 APPROVED Meridian City Council April 10, 2018 Page 72 of 72 Little Roberts: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Milam: So moved. Little Roberts: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:03 P.M. (AUD40-RECOR ATTEST: C. JAY COLES ILE OF THESE PROCEEDINGS)Ll (/ TUe Q DATE APPROVED -oun/ I raid Pn �- 0 AUGUST' R K W the City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6D Project/File Number: Item Title: Approve Minutes of April 17 2018 City Council Regular Meeting Meetinq Notes U✓ APPROIED Meridian City Council April 17, 2018 Page 39 of 39 Borton: Yeah. Good questions. Anything else for the good of the order? If not, is there a motion to adjourn? Milam: So moved. Little Roberts: Second. Borton: It's been moved and seconded to adjourn. All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:44 P.M. (AU RJD W74)q FILE OF THESE PROCEEDINGS) a DATE APPROVED Me _� C. AUG"'I" ATTEST: -5 ° C. JAY COLES, ITY RK �E IDIANJ,JkJ'> W City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6E Project/File Number: Item Title: Timbergrove Subdivision Release of Sanitary Sewer Easement by Blue Marlin at Timbergrove Subdivision Meeting Notes 9 APPROIED ADA COUNTY RECORDER Christopher D. Rich 2018-036998 BOISE IDAHO Pgs=7 LISA BATT 04/25/2018 01:09 PM CITY OF MERIDIAN, IDAHO NO FEE RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: SANITARY SEWER GRANTEE: CITY OF MERIDIAN GRANTOR: BLUE MARLIN INVESTMENTS LLC WHEREAS, by easement dated August I 1TH, 2015 and recorded as Instrument Number 2015-074610 in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above -captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the easement is not valid because it was not executed by the owner of the real property. The easement being released will be replaced in the same location with a grant from the current owner of the real property. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby vacate, relinquish, release and abandon said rights and easements as set forth and legally described in Exhibit A, attached hereto and incorporated herein, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 2A day of 2018. CITY OF U 1, C.ja o es Ity STATE OF IDAHO ss County of Ada Clerk NUGUS77-r On this day o 2018, before me, a Notary Public, personally f_or ' o oe CoC4oesflkn1w identified to me to be the Mayor- and Clerk, 0_OUr (�or+0 n appeared T2mmy-de--W=d and C.Jay respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ry Notary Public aho Residing at: 17 Commission expires: 3 - 9"S - D'o a -d' ADA COUNTY RECORDER Christopher D. Rich 25.Q Q�Q BOISE IDAHO pgs=6 LISA BATT 06114/20 3& AM MERIDIAN CITY - NO FEE { 00'1S3524ff60746100060060 \ j EXHIBIT A TO RELEASE OF EASEMENT SANITARY SEWER EASEMENT THIS INDENTURE, made this _�� day of , 20SL between BLUE MARLIN INVESTMENTS, LLC, an Idaho limited liability co parry, 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 GRAN'T'ORS 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, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience ofthe GRANTEE, with the free right of access to such facilities at any and all times, TO HAVE AND TO BOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures, However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, Sewer Main Easement EASMT. SEW 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are 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: BLUE MARLIN INVESTMENTS, LLC B , Jeff W. Moore, Managing Member suD P_0_Box $8 Boise Idaho 83707 Address STATE OF IDAHO ) : ss. County of Ada ) On this 10day of QVYVI a 20 15 , before me, the undersigned, allotary Public in and for said State, perso lly appeared Jeff W. Moore, known or identified to me to be the Managing Member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executedthe same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year NOTARY PUBLIC * NOTARY PUBLIC FOR IDAHO Residing at: Commission Expire s: 0l �3 111g Sower Main Basement EASMT SEW 11-15-13,doc 1 emberrm GRANTEE: CITY OF MERIDIAN Tammy da Weerd yor �1,renau�u� �o z L. Holman, City Cleric Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) E IDIZ IANC ,.. IPAHO A SEAL Y� 11 Ff IA iRiaS�R� On this _B_ day of j 20 l �, before me, the undersigned, allotary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �00ab©04 41 �t ery e An (SEAL) H H �� p} yyy •�I, � �V 4�HnI100 Sewer Main Easement I t vnber ybvb 2 • . PUBLI IDAHO EASMT SEW II-IS-13,doc May 7, 2015 EXHIBIT "A" Sanitary Sewer Easements Description For CITY OF MERIDIAN Portions of Block 1, Centrepointe Subdivision as same if filed in Book 97 of Plats at Pages 12330-12331, records of Ada County, Idaho, located within a portion of the Southeast 114 of the Southeast 114 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: SEWER EASEMENT Commencing at the Southeast corner of said Section 32 from which the South 114 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 78"31'12" West, 1192.96 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POiNT OF BEGINNING; Thence leaving said right-of-way line South 89°26'41" West, 58.51 feet; Thence North 00°15'21" East, 163,76 feet; Thence South 89°44'39" East, 20.00 feet; Thence South 00°15'21" West, 143.48 feet; Thence North 89°26'41" East, 38.50 feet; Thence South 00°15121" West, 20.00 feet to the REAL POINT OF BEGINNING. _ Containing an area of 4,042 square feet, more or less, AND ALSO: SEWER EASEMENT B Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89044`39" West, 2656.46 feet; Thence North 65°03'04" West, 1287.90 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence leaving said right-of-way line South 89002`46" West, 59.00 feet; Thence North 00°29145" East, 748,20 feet; Thence South 89°30115" East, 20.00 feet; Thence South 00029'45" West, 727,69 feet; -T wi Av).PJr8m'ce Thence North 89002'46" East, 38.91 feet; Thence South 00°15121" West, 20.00 feet to the REAL POINT OF BEGINNING, Containing an area of 15,737 square feet, more or less. END OF DESCRIPTION '772�� ' �� sl��l(s o . � RY `fir 25 100 400 0 50 200 SCALE: 1 " = 200' UN,0ZATTEO LINE TABLE LINE BEARING LENGTH L1 S 89'26'41° W 58,51' L2 N 00'i5'21" E 163.76' L3 S 89'44'39" E 20,00' L4 S 00'15'21" W 143.48' L5 N 89'26'41" E 38.50' L6 S 00'15'21" W 20.00' L7 S 89'02'46" W 59.00' L8 S 89'30'15' E 20.00' L9 N 89-02'46" E 38,91' L10 S 00'15'21" W 1 20.00' UN,0ZATTEO 6 13 I L8 14 1 I 72 E lo Irl 15 i Ld 7- 1i V)76 I I Y� NiD Ld 17 I U I rgi NN I!,I 1 I(Iz 18 I I r I 8 7V-� I s � I 4 V IRPOR v N O +SGS\ 7 729 5I(01 �s .o Glp�cOR y Q G I i �) r5 I •'�o, k L1 J RPOB Nie EASE. "A" I . I E.I USTICK RD. U , �4 •32 1328.23'-, 1.4N, R.111. _ _ 1-328,23' 32 33 5. T„3N. ME, 5' N 89'44'39” W 2656.46' BASIS OF BEARING' • S:V50 P,o).cls\11^+blrVuYe Sub IS-00\0gNTO Sib 9— ax EXO.aag 5/8/2015 4:01:13 Ptl NDT IDAHO SEWER EASEMENTS EXHIBIT "B" DRAWING FOR iaRaae' SUITE. WAT£RTDWER BT. CITY OF MERIDIAN SURVEY MERIDIAN SHEET NO, MERMAN, IDAHO 83642 TIMBERGROVE SUBDIVISION 1 OF I GROUP, P.C. (2'8)846-860 LOCATED IN THE SE1/4 OF SECTION 32, T�4N„ R.S. HAI, OWG, DATE MERIDIAN, AADA GOJNTY, IDAHO 02-07-16 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6F Project/File Number: Item Title: Timbergrove Subdivision Release of Water Main Easement by Blue Marlin at Timbergrove Subdivision Meeting Notes 9 APPROIED ADA COUNTY RECORDER Christopher D. Rich 2018-036999 BOISE IDAHO Pgs=9 LISA BATT 04/25/2018 01:10 PM CITY OF MERIDIAN, IDAHO NO FEE RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: WATER MAIN GRANTEE: CITY OF MERIDIAN GRANTOR: BLUE MARLIN INVESTMENTS LLC WHEREAS, by casement dated August 1 1Tu, 2015 and recorded as Instrument Number 2015-074614 in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above -captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the easement is not valid because it was not executed by the owner of the real property, The easement being released will be replaced in the same location with a grant from the current owner of the real property. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby vacate, relinquish, release and abandon said rights and easements as set forth and legally described in Exhibit A, attached hereto and incorporated herein, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 2-4 day of ALn _, 2018. CITY OF MERIDIAN -0 W1 ss pUGUS r1 C*NILN 0i County of Ada On this day of 2018, before me, a Notary Public, personally Toe -I? fled to me to be the -Mayor- and Clerk, CO(- ,:0r+0n appeared Tantmy—de—Vft-urd and C,Jay Coles, or identified respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEQYsoon&&, a y R 6 N 6 0 Puls g; OV N.e 00"68-00966,90 "6111 01111121111111111111111 y ADA COUNTY RECORDER Christopher D. R10h VI;36 14 BOISE IDAHO Pgs=8 LISA HATT 08114AM MERIDIAN CITY FEE EXHIBIT A TO RELEASE OF EASEMENT WATER MAIN EASEMENT THIS INDENTURE, made this _ day of ),) i)M', 201<,- between BLUE MARLIN INVESTMENTS, LLC, an Idaho limited liability company, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS 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 tbrough an underground pipeline to be constructed by others; and. WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right -of --way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adj acent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement r EASMT WAT 11-15-13.doc 7i mber�r�►� THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, blush, 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, suchTight-of-wayand easementhereby 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: BLUE MARLIN INVESTMENTS, LLC By: Jeff W. Moore, Managing Member 824'; P.O. Box ${3L4 Boise, Idaho 83707 Address STATE OF IDAHO ) . ss. County of Ada ) On this 1'.4 day of v1 , 20 l , before me, the undersigned, a Notary Public in and for said State, perso lly appeared Jeff W. Moore, known or identified to me to be the Managing Member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fust written. Lb (SEAQ) .' ,I`ZOTAI� NOTARY PUB IC FOR ID a 0 Residing at: PUBi,1C Commission Expires: (I Water Main EASMT WAT I1-15-13.doc Ti m b" Y-6Vf- GRANTEE, CITY OF MERIDIAN Tammy de Wear , ayor o�D�p�EDAUCUl y?G 1�4n C11y of 7 Ip'R 7 & � '\ IDAHO N Attest b�ceeolman, City Clerkr SEAL w F P44 Approved By City Council On, '�+it rnEAs°bEv f STATE OF IDAHO, ) : ss County of Ada ) On thisf t day of 1Glr)k 20, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �goeuQo (SEAL) di b , b Ll !, q Y0 9 o�dbo," Water Main Easement Ti n-M.I-r2ravr, NO ARPUB R IDAHO Residing at: k -{P tr I &,p r .D Commission Expires: '-� n .. � , � 2 Q EASMT WAT 11-I5-13.doc May 07, 2015 EXHIBIT "A" Water Easements Description For CITY OF MERIDIAN Portions of Block 1, Centrepointe Subdivision as same if filed in Book 97 of Plats at Pages 12330-12331, records of Ada County, Idaho, located within a portion of the Southeast 1/4 of the Southeast 114 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho* being more particularly described as follows: WATER EASEMENT A Commencing at the Southeast corner of said Section 32 from which the South 114 corner of said Section 32 bears North 8904439" West, 2656.46 feet; Thence North 79°51'19" West, 1187.78 feet to the Northeast corner of Lot 1, Block 1 of said Centrepointe Subdivision, said point being the REAL. POINT OF BEGINNING; Thence along the North boundary line of said Lot 1 North 89°29'58" West, 3 1. 16 feet; Thence North 00015121" East, 61.75 feet; Thence South 89044'39" East, 31.16 feet to the West right-of-way line of North Centrepoint Way; Thence along said West right-of-way line South 00°15'21" West, 61,88 feet to the REAL POINT OF BEGINNING, Containing an area of 1,926 square feet, more or less. AND ALSO: WATER EASEMENT B Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 66°14'48" West, 1275.94 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL, POINT OF BEGINNING; Thence North 89°44139" West, 31.50 feet; Thence North 00°15'21" East, 21.05 feet; Thence South 89°44'39" East, 31.50 feet to said West right-of-way line; I rY1b"r(vi-' Thence along said West right-of-way line South 00°15'21" West, 21.05 feet to the REAL POINT OF BEGINNING, Containing an area of 663 square feet, more or less, AND ALSO: WATER EASEMENT C Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 52°05'02" West, 1414.94 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL. POINT OF BEGINNING; Thence North 89°44139" West, 22.64 feet; Thence North 00°15'21" East, 26.00 feet; Thence South 89°44'39" East, 22,64 feet to said West right-of-way line; Thence along said West right -of -line South 00°15'21" West, 26.00 feet to the REAL POINT OF BEGINNING, Containing an area of 588 square feet, more or less. AND ALSO; WATER EASEMENT D Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 45032'48" West, 1562.38 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89°44'39" West, 23.72 feet; Thence North 00°15'21" East, 25.00 feet; Thence South 89°44'39" East, 23.72 feet to said West right-of-way line; Thence along said West right-of-way line South 00°15'21" West, 25.00 feet to the REAL POINT OF BEGINNING. Containing an area of 592 square feet, more or less. AND ALSO: WATER EASEMENT E Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89044'39" West, 2656,46 feet; Thence North 40°04'07" West, 1730,97 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL_ POINT OF BEGINNING; Thence North 89°44'39" West, 26.78 feet; Thence North 00°15'21" East, 13.50 feet; Thence North 89044'39" West, 8.39 feet; Thence North 00°15'21" East, 25,00 feet; Thence South 89°44'39" East, 35.17 feet to said West right-of-way line; Thence along said West right-of-way line South 00°15'21" West, 38.50 feet to the REAL POINT OF BEGINNING. Containing an area of 1,241 square feet, more or less. END OF DESCRIPTION d 1729 yFQc���Q Ti mho m 0ve-0- OWY,4 MED iv 6 13 I 14 I ' RPOB EASE "El, 12 .� ZO � L 6 '16 a 11 w?. 16 1 < Z 1 1RPOB 17 1 U I EASE "D" z 9 18 I ' • � gi 8 19 Ro 25 100 400 y •, "D. 1 i 0 50 200 h RPOB 20 SCALE; 1" — 200' 17 EASE f 21 ly p5 E l✓NIZ 1 4 RPOB z apo „'. 729 l,o�.Na;. EASE B„ w r 114 N� yjlo�r5 .�° II z i Iz Y G. A s R �. R G 1 1 z I. -P _ � I RPQB 1' .N EASE "A” 32 E I USTICK -RD. U •,' �q 132e,23' T..4N. R.1E. 1326.23'2;. 33 T..3N. R.1 E, TJ ' 4N 89'44'39" W 2666.46' BASIS OF BEARING' " SEE SHEET 2 (EXHIBIT "C") FOR EASEMENT DETAILS S:\)w Fm}_•clf\lWwt 6w 5v 19-PI6\d"\l7 5Lb reale u C Bang 5/7/9018 11,2+:21 111 u0T EJJGLFR AHO WATER EASEMENTS EXHIBIT "B" DRAWING FOR 168 40 1460 E. WATERTOWER 6T, CITY OF MERIIDIAN sHEET NO. RVEY WYE 130 TIMBERGROVE SUBDIVISION MERIDIAN, IDAHO 83042 1 OF 2 �•. (20B) 846,8670 OUP,P,C. LOCATEO IN THE SE 1/4 OF SECTION 32, T.4N„ R.1E„ B,M„ DWG. DATE li MERIDIAN, ADA COUNTY, IDAHO 0507-16 19 22.64' s 89'44'39" E �r/ �,,r r..r-6, of / o I— co� w� EASE Iz Lo Ld O k /'' �' a CJ ? 20 N 89`44 39"'-w 22.64' Oe�l @ S 89'44'39" E N 89'44?S9" W 31, O31, 6 RPOB - `:.J S 89'44'39" E 31,16' UYPLAT7EO I I S 8.9'44'39" E 35,17' I N � o LO 0 / 0 , OJ , Z 1._.s_.._ E'.' r2 o Lmz ; z N89'44'31 1 26.78' LINE TABLE LINEI BEARINGLENGTH L1 N 89'44'39" W 8,39' 2 10 40 0 5 20 SCALE: 1 " = 20' 16 23.72' CRO•dA.ZO'[' Jv JL JOB NO, 16-046 SHMT N0, 2OF2 D41O,DA'[E 05-07-16 >- i / t /"D CoQ N o � Lo /� EASE "1)A))" OZ w o /i / ,/ r o N Z ,�' cv ,'' ,�' 17 N8944'39"W z r ,/' ,� ,� , ' / / 10 '� w U 23,72' O� Re O /'' O V) mo oz Ir7729 N 89'29'58" W 1,16'Nj41of m/ �p���•2 RY G. CA trove S0 15-00\dvd\T0 Sib pair 47 EABdny 5/7/3015 11:24:?I AB MDI IDAHO WATER EASEMENTS EXHIBIT "C" DRAWING FOR au Te WATSRTOVlERST, SURVEY SUIT�,3° CITY OF MERIDIAN MSRIDIAN,IbAH053042 (tae)046-857° TIMBERGROVE SUBDIVISION (� �+ `-'ROUP) P • C . LOCATED IN THE SE 1/4 OF SECTION 32, T.%, RAE„ BA, MERIDIAN, ADA COUNTY, IDAHO Jv JL JOB NO, 16-046 SHMT N0, 2OF2 D41O,DA'[E 05-07-16 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6G Project/File Number: Item Title: Timbergrove Subdivision Timbergrove Subdivision Water Main Easement by Centre Pointe Property LLC Meetina Notes 9 APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-037007 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 04/25/2018 01:23 PM CITY OF MERIDIAN, IDAHO NO FEE Prollect Name (Subdivision): Water Main Easement Numbest - Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). THIS Easement Agreement, made this -A9-- 2LI day of April , 2018 between CENTRE POINTE PROPERTY 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 easement for the operation and maintenance of 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 water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after 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 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, 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 Water Main Easement Version 03 26 18 -TiM,b(rqr-6T— co-�,Yx Po)r)-�4�P. 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: CENTRE POINTE PROPERTY LLC., Dean Condie STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 4% 1' (date) by "I Jr -c L (name of individual), [complete the following if'signing in a representative capacity, or strife the following if signing in an individual capacity] on behalf of �`� -a < Al i (name of entity on behalf of whom record wag executed), in the following representative capacity: m , v, V < <} e , M ' i, — (type of authority such as officer or trustee) NOTARY y l'UBOG Water Main Easement Ti r,�, ►z ob 8y Cent a poi rl,-le No ary Signature M Commission Expires: Version 03 26 18 GRANTEE: CITY OF MERIDIAN ;Toe l�ri oh Council Pr&cle4 by C,r4 Coles',-�ity Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on i'a�i'� (date) by rd and C.7ay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. aun6l Pre!�aa-fl- V, Notary Signature • ,,C . My Commission Expires:6 -9*9 ` O a a ;• ,y • LI �o :• OF IDN00 •mean.•••• Water Main Easement Version 03 26 18 May 07, 2015 EXHIBIT "A" Water Easements Description For CITY OF MERIDIAN Portions of Block 1, Centrepointe Subdivision as same if filed in Book 97 of Plats at Pages 12330-12331, records of Ada County, Idaho, located within a portion of the Southeast 1/4 of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows; WATER EASEMENT A Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 79°51'19" West, 1187.78 feet to the Northeast corner of Lot 1, Block 1 of said Centrepointe Subdivision, said point being the REAL POINT OF BEGINNING; Thence along the North boundary line of said Lot 1 North 89029'58" West, 31.16 feet; Thence North 00°15'21" East, 61.76 feet; Thence South 89044139" East, 31.16 feet to the West right-of-way line of North Centrepoint Way; Thence along said West right-of-way line South 00°15'21" West, 6 1. 88 feet to the REAL POINT OF BEGINNING. Containing an area of 1,926 square feet, more or less, AND ALSO; WATER EASEMENT B Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 66°14'48" West, 1275,94 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89044'39" West, 31.50 feet; Thence North 00"15'21" East, 21.05 feet; Thence South 89°44'39" East, 31.50 feet to said West right-of-way line; Thence along said West right-of-way line South 00°15'21" West, 21,05 feet to the REAL POINT OF BEGINNING. Containing an area of 663 square feet, more or less. AND ALSO: WATER EASEMENT G Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44139" West, 2656.46 feet; Thence North 52°05'02" West, 1414.94 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL. POINT OF BEGINNING; Thence North 89°44139" West, 22,64 feet; Thence North 00°15'21" East, 26.00 feet; Thence South 89°44'39" East, 22,64 feet to said West right-of-way line; Thence along said West right -of -line South 00°15'21" West, 26.00 feet to the REAL POINT OF BEGINNING. Containing an area of 588 square feet, more or less. AND ALSO: WATER EASEMENT D Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89044'39" West, 2656.46 feet; Thence North 45032'48" West, 1562.38 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89°44'39" West, 23.72 feet; Thence North 00°15'21" East, 25.00 feet; Thence South 89°44'39" East, 23.72 feet to said West right-of-way line; Thence along said West right-of-way line South 00°15'21" West, 25.00 feet to the REAL POINT OF BEGINNING. Containing an area of 592 square feet, more or less. AND ALSO: WATER EASEMENT E Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89044139" West, 2656.46 feet; Thence North 40004'07" West, 1730.97 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89044139"West, 26.78 feet; ar4erpoir-,affi�) Thence North 00°15'21" East, 13.50 feet; Thence North 89°4439" West, 8.39 feet; Thence North 00°15'21" East, 25.00 feet; Thence South 89°44'39" East, 35.17 feet to said West right-of-way line; Thence along said West right-of-way line South 00°15'21" West, 38.50 feet to the REAL. POINT OF BEGINNING. Containing an area of 1,241 square feet, more or less. END OF DESCRIPTION Cert��i�� 25 100 400 0 50 200 UNPLATTED 8 i 13 I 14 1: )RPOB EASE "E" 12 Z 6 15 O p i w 1 1 t 16 1 .Fcc Z W I 1-1RPOD(17 1 EASE "Y' i z 9 18 8 19 o Y I aJ h RPOB 20 7 EASE "011 SCALE: 1" -- 200' 1�I SEE SHEET 2 (EXHIBIT "C") FOR EASEMENT DETAILS ry'OvA Sub 15-076\Sqq\TO Sub eolu ri EAO.dhq 5/7/7015 11:97:21 All LIDT IDAHO WATER EASEMENTS SOF MERIVANRAWING FOR 1450 H. WATERTOWER 87, SURVEY MERIDIAN. IDAHO 63042 TIMBERGROVE SUBDIVISION (200) 646-6670 GROUP, P.C. 1ocA1£o (MERIDIAN,IADAOCOUNIY,, IDAHOT4N., R.tE„ 6,M„ C,fn nk 408 NO, 16-046 1 OF 2 DWG. DATE 05-07-16 21 :x ' k': O 6 / 5 fly � Q Q FQ SGS G i 4 o RPOB EASE I'' z o'• •���: �. � 7 V � 2 uQn I � Q W5 i F0v 9�� 21 0 ti G.�, �� 1 6 Z was t , RPOB "A" EASE 9 I ,'8r o E. USTICK RD 1 L`l 32 3?':. 33 132s.z3'� T., 4N. R.1 E. 1--328,23' --- • E.^ •,, 5 4 5 T..3N. R. N 89.409" W 2656.413' 'BASIS OF BEARING''''' SEE SHEET 2 (EXHIBIT "C") FOR EASEMENT DETAILS ry'OvA Sub 15-076\Sqq\TO Sub eolu ri EAO.dhq 5/7/7015 11:97:21 All LIDT IDAHO WATER EASEMENTS SOF MERIVANRAWING FOR 1450 H. WATERTOWER 87, SURVEY MERIDIAN. IDAHO 63042 TIMBERGROVE SUBDIVISION (200) 646-6670 GROUP, P.C. 1ocA1£o (MERIDIAN,IADAOCOUNIY,, IDAHOT4N., R.tE„ 6,M„ C,fn nk 408 NO, 16-046 1 OF 2 DWG. DATE 05-07-16 19 22.64' S 89'44'_39" E I Of /ry.. O Ed z ,EASE �Cf1/] :�: w o l,.' ,' /' o U > N 89'44�39�'�W 20 22.64' og� OS 89'44'39" E 31.50' wl , C! FAS� Bf,, o w N o cv OZ o ,/ �/ / 10 w z�� f ' V) U } O N 89'44'39" W 31,50 z RPOB () S 89'44'39" E 31.16' UNPLATIED I I S 89'44'39" E 35.17' LINE BEARING LENGTH L1 N 89'44`39" W O Ln Q N Oa- N o EASE f'E; ,/ o w 0 Z z' N89'44'39"W z L7Q ,/ ,' o o w Ca o a. U r o ' O z N89'44 39 W 26.78' ; 7729 LINE TABLE LINE BEARING LENGTH L1 N 89'44`39" W 2 10 40 0 5 20 SCALE: 1 " = 20' 1 s 23,72' CR9•dd'3Q'G 1 s,VS0 Prckab\ThnbrrVwt $Ub I5-048\dn%TC SUb note al 004n9 5J1/20l5 ❑:2401 AU ldDT IDAHO JOB 40 WATER EASEMENTS EXHIBIT "C" DRAWING FOR SOB NO 1um13ATERTOWERer. CITY OF MERIDIAN SURVEY 8UR 13° SHEET N0. lAERIOIAN,IDAHO 83842 TIM6ERGROVE SUBDIVISION 2 OF 2 GROUPP.C.(200) 048-05/0 , CLOCATED IN THE SE 1/4 OF SECTION 32, T.40, RAE, B.M., DWO, DAN INMERIDIAN, ADA COUNTY, IDAHO 05-07 _ Cm4e"-Poi+ ao co o N� /�EA E D! N Oa- N o w ,''' EASE ; A,,.' w 0 Z ' N89'44'39"W z U) / /' i to 23,72' 0� Ca ,/' /' ,' /' O ' mo m 55`G SFO s�'� 7729 N 89'29'58" W~ 31.16' yo, oP RY G,GP s,VS0 Prckab\ThnbrrVwt $Ub I5-048\dn%TC SUb note al 004n9 5J1/20l5 ❑:2401 AU ldDT IDAHO JOB 40 WATER EASEMENTS EXHIBIT "C" DRAWING FOR SOB NO 1um13ATERTOWERer. CITY OF MERIDIAN SURVEY 8UR 13° SHEET N0. lAERIOIAN,IDAHO 83842 TIM6ERGROVE SUBDIVISION 2 OF 2 GROUPP.C.(200) 048-05/0 , CLOCATED IN THE SE 1/4 OF SECTION 32, T.40, RAE, B.M., DWO, DAN INMERIDIAN, ADA COUNTY, IDAHO 05-07 _ Cm4e"-Poi+ City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6H Project/File Number: Item Title: Timbergrove Subdivision Timbergrove Subdivision Sanitary Sewer Easement by Centre Pointe Property LLC Meeting Notes riAr APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-037000 BOISE IDAHO Pgs=6 LISA BATT 04/25/2018 01:10 PM CITY OF MERIDIAN, IDAHO NO FEE Proi—f N--- Timbergrove Sub Sanitary SRLver,Easornent Numbers_ identify this l3asoment by sequential number i0roject contains more than one sanitary senor casement. ( See Instructions for additional infonnation). SANITARY SEWER EASEMENT 2,4 THIS Easement Agreement, made this " . day of April 2018 between CENTRE POINTE PROPERTY LLC C'Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires 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 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 easement for the operation and maintenance of sanitary sewer 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 their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. To HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after 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 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, Sanitary Sewer Easement REV, 03/26/18 C84rriqbin-k— 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. TIM COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, ass-igns, 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: `�E OPERTY LLC, Dean Condie CENTRE POINT PR STATE OF IDAHO ) Ss County of Ada This record was acknowledged before me on L� -/' (date) by (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of CENTRE POINTE PROPERTY LLC (name of entity on behalf of whom record was executed), in the following representative capacity: 11''IC,,v rti f Vt �'t %:rf(type of authority such as officer or trustee) pTARY� No ary Signature N r Commission Expires: 0 PU130G ;f q rE nF •\pP',ro�\ Sanitary Sewer Easement REV, 03/26/18 Cerkj- {poi rde- GRANTEE: CITY OF MERIDIAN ,-o AUG jS 11 '9 0 O� r4W W S by CJ Coles, City Clerk �y�o� SIF 'A T STATE OF IDAHO, . ss. County of Ada ) c� oe,Vxx�on This record was acknowledged before me 'on 4-Z-18 (date) by T—&mtf—y—ieWeerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as -Mayor qnd Cityler � respectively. u'11 • E �• W • •. • �' Notary Signature ✓r}') Z� • ac�a� . U My Commission Expires: 3 •8-$ PLW, fie • •••g• ATE 0 '•. *goes .go* Sanitary Sewer Easement REV. 03/26/18 Cet clef Poi 6-e May 7, 2015 EXHIBIT "A" Sanitary Sewer Easements Description For CITY OF MERIDIAN Portions of Block 1, Centrepointe Subdivision as same if filed In Book 97 of Plats at Pages 12330-12331, records of Ada County, Idaho, located within a portion of the Southeast 114 of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: SEWER EASEMENT A Commencing at the Southeast corner of Bald Section 32 from which the South 1/4 corner of said Section 32 bears North 89044'39" West, 2656.46 feet; Thence North 78031'12" West, 1192.96 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence leaving said right-of-way line South 89026'41" West, 58.51 feet; Thence North 00015'21" East, 163.76 feet; Thence South 89044'39" East, 20,00 feet; Thence South 00°15'21" West, 143.48 feet; Thence North 89026'41" East, 38.50 feet; Thence South 00°15'21" West, 20,00 feet to the REAL POINT OF BEGINNING. Containing an area of 4,042 square feet, more or less. AND ALSO: SEWER EASEMENT B Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89044'39" West, 2656.46 feet; Thence North 65003104" West, 1287.90 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence leaving said right-of-way line South 89002'46" West, 59.00 feet; Thence North 00°29'45" East, 748.20 feet; Thence South 89°30'15" East, 20.00 feet; Thence South 00°29145" West, 727.69 feet; a Lrvoer� Thence North 89°02'46" East, 38.91 feet; Thence South 00°15'21" West, 20,00 feet to the REAL POINT OF BEGINNING. Containing an area of 15,737 square feet, more or less. END OF DESCRIPTION brdtft Pdr& SetoL — 25 100 400 0 50 200 SCALE: 1" = 200' UNPL: LINE TABLE B I LINE BEARING LENGTH Li S 89'26'41" W 58.51' L2 N 00'15'21" E 163.76' L3 S 89'44'39" E 20,00' L4 S 00'15'21 W 143.48' L5 N 89'26'41 E 38.50' L6 S 001521 " W . 20.00' L7S 89'02'46" W 59.00' L8 S 89'30'15" E 20.00' L9 N 89'Q2'46" E 38.91' L10 S 00'15'21 W 20.00' UNPL: l TTED B I I n. 13 1 .3 6 I L3 I 8 ; r� 14'' I 12� L 0 I 32 1 /4 t 328.23' 1 T„ 4N, R.1 E, — - -- UU J 15 O I16 Ld INQ 11 N 89'44'39" W 2656.46' . I 10 Y,t W 17 U I orate Yicl R z + 9 r- Y, d I 1 18 1 1 N 7729 pu I 4 L7I I— '11� TF 0v K V RPOB �'�'0 11.RY G 0, S VuI pMjact3\1h1011QI0Yc Sun 1s 040\Ov9\TO S h viva! 4% EMAftq 5/0/2015 x:01:33 Pll VDT IDAHO SEWER EASEMENTS EXHIBIT "B" DRAWING FOR 1460E.WATERT0WeR8T. CITY OF MERIDIAN SURVEY MERIDIAN, 100083842 TIMBERGROVE SUBDIVISION (20B)040-0570 IACA m IN THE SE J/+ OF SECTION 32, TAM, R,1E., %K, GROUP, P.C. MERIDIAN, ADA COUNTY, IDAHO C2r�,I-P.r�vi r1�, S�e.l� Jos No. 16-040 DWG, DATE 02-07^16 EASE, B I I n. 1 .3 6 I L3 W >- I�< RASE. "All �'9 9e2 ry I li EI L ''32 32 1 /4 t 328.23' 1 T„ 4N, R.1 E, — - -- UU 2 T,.3N. RJE.. 5 r W N 89'44'39" W 2656.46' . " "BASIS OF BEARING'' S VuI pMjact3\1h1011QI0Yc Sun 1s 040\Ov9\TO S h viva! 4% EMAftq 5/0/2015 x:01:33 Pll VDT IDAHO SEWER EASEMENTS EXHIBIT "B" DRAWING FOR 1460E.WATERT0WeR8T. CITY OF MERIDIAN SURVEY MERIDIAN, 100083842 TIMBERGROVE SUBDIVISION (20B)040-0570 IACA m IN THE SE J/+ OF SECTION 32, TAM, R,1E., %K, GROUP, P.C. MERIDIAN, ADA COUNTY, IDAHO C2r�,I-P.r�vi r1�, S�e.l� Jos No. 16-040 DWG, DATE 02-07^16 1 _ �J r5 k L1 .4 RP OB RASE. "All �'9 9e2 ry I E.I USTICK RD. ''32 32 1 /4 t 328.23' 1 T„ 4N, R.1 E, — - -- UU — t328.23' 33 T,.3N. RJE.. 5 r 5 q N 89'44'39" W 2656.46' . " "BASIS OF BEARING'' S VuI pMjact3\1h1011QI0Yc Sun 1s 040\Ov9\TO S h viva! 4% EMAftq 5/0/2015 x:01:33 Pll VDT IDAHO SEWER EASEMENTS EXHIBIT "B" DRAWING FOR 1460E.WATERT0WeR8T. CITY OF MERIDIAN SURVEY MERIDIAN, 100083842 TIMBERGROVE SUBDIVISION (20B)040-0570 IACA m IN THE SE J/+ OF SECTION 32, TAM, R,1E., %K, GROUP, P.C. MERIDIAN, ADA COUNTY, IDAHO C2r�,I-P.r�vi r1�, S�e.l� Jos No. 16-040 DWG, DATE 02-07^16 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 61 Project/File Number: Item Title: Southridge Apartments Southridge Apartments Sanitary Sewer and Water Main Easement Meeting Notes 9 APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-037006 BOISE IDAHO Pgs=l 1 BONNIE OBERBILLIG 04/25/2018 01:22 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision}; Sanitary Server & Water Main Easement Number: Identify this Easement by sequential member iffroject contains more than one easement ofthis type. ( See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT Southridge Development THIS Easement Agreement, made this 2—q day of--� LLC qLiw 20—betweenc2 ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: I The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. To HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after 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 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 Sanitary SeNver and Water Main Easement REV. 03/26/2018 purposes stated herein. 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: STATE OF A -i ZOr,0 ) ss County ofYyVgroix) This record was acknowledged before me on l (date) by JL ���5 (name of individual), [complete the follown:g tf signing in a representative capacity, or st •ike the following if signing in an individual capacity] on SLk behalf of �+ id 0`'''1. (name name of entit on behalf of whom record was executed), in the folldwing representative capacity: (tee of authority such as officer or trustee) (stamp) Sanitary Sewer and Water Main Easement Sa.ochrite Koi��Salure ll ll0 Z�Z� My Commission Expires: REV. 03/26/2018 JORDAN D. HAFEN holaryPuNic - A nrm Madoops counry -,� • Iq comm. Explres Nov 16.202; Sanitary Sewer and Water Main Easement Sa.ochrite Koi��Salure ll ll0 Z�Z� My Commission Expires: REV. 03/26/2018 , eo a.ucusr, CITY OF MERIDIAN oE`P ,r I.,Q o11 VIL-` z E IDIA 0 rur 3-0 e r r� " 'C ourts►d} SEp.I. �� ti J� �c��lFR of the'(R�P� by C.J�y Coles, City Clerk STATE OF IDAHO, ss. County of Ada ) -3-oe, 'fpr-�nd--) This record was acknowledged before me on (date) by T.......,...,. de `x' eera and C.Jay Coles on behalf of the City of Meridian, in their capacities as-CM�yo� d q�51G�2 Clerk, respectively. •F,••' O ' ,rGL Notary Signature S� '$ My Commission Exp res_ �O- ;•• ;q OY N *essence• Sanitary Sewer and Water Main Easement REV. 03/26/2018 March 19, 2018 Project No. 117059 THE LANA GROUP, INC. Exhibit "A" LINDER/OVERLAND APARTMENTS SEWER & WATER EASEMENT DESCRIPTION An easement located in the Northeast Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the North One Quarter Corner of Section 23 of said Township 3 North, Range 1 West; Thence South 89°19'41" East, a distance of 1261.76 feet on the North line of said Section 23; Thence South 00°40'19" West, a distance of 50.50 feet to a point on the South Right -of -Way line of West Overland Road, said point being the POINT OF BEGINNING; Thence South 18° 58'53" West, a distance of 116.67 feet; Thence South 89° 19'41" East, a distance of 260.66 feet; Thence North 00° 40' 19" East, a distance of 47.62 feet; Thence North 89° 19' 41" West, a distance of 24.50 feet; Thence North 00° 40' 19" East, a distance of 20.00 feet; Thence South 89° 19'41" East, a distance of 253.57 feet; Thence South 00'40'19" West, a distance of 72.29 feet; Thence South 75° 02' 56" East, a distance of 90.40 feet; Thence North 14° 57' 04" East, a distance of 26.50 feet; Thence South 75° 02'56" East, a distance of 31.12 feet; Thence South 14° 57'04" West, a distance of 41.77 feet; Thence North 75° 02'56" West, a distance of 12.12 feet; Thence South 14° 57'04" West, a distance of 297.96 feet; Thence South 66° 17'44" East, a distance of 41.33 feet to a point of non -tangent curve, said point being on the westerly right of way of South Spanish Fork Way; Thence 17.00 feet on the arc of a curve to the left, said curve having a radius of 325.00 feet, a central angle of 02° 59'52", a chord bearing of South 20° 22'00" West, and a chord length of 17.00 feet on said westerly right of way; Thence South 18` 52'04" West, a distance of 3.04 feet on said westerly right of way; Thence leaving said westerly right of way, North 66" 17'44" West, a distance of 59.73 feet; Thence North 14° 57'04" East, a distance of 100.41 feet; Thence North 75° 02'56" West, a distance of 10.00 feet; Thence North 14° 57'04" East, a distance of 89.10 feet; Thence North 75° 02'56" West, a distance of 24.00 feet; Thence North 14° 57'04" East, a distance of 20.00 feet; Thence South 75° 02'56" East, a distance of 14.17 feet; Thence North 14° 57' 04" East, a distance of 16.87 feet; Thence South 75° 02'56" East, a distance of 9.83 feet; Thence North 14° 57'04" East, a distance of 74.00 feet; f Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com GouihetcY Thence North 75° 02'56" West, a distance of 102.72 feet; Thence North 00° 40' 19" East, a distance of 65.61 feet; Thence North 89° 19' 41" West, a distance of 169.07 feet; Thence South 00' 40' 19" West, a distance of 67.62 feet; Thence North 89° 19'41" West, a distance of 46.00 feet; Thence South 00° 40' 19" West, a distance of 14.00 feet; Thence North 89° 19'41" West, a distance of 20.00 feet; Thence North 00° 40' 19" East, a distance of 14.00 feet; Thence North 89° 19' 41" West, a distance of 26,27 feet; Thence South 00° 40' 19" West, a distance of 29.50 feet; Thence North 89° 19' 41" West, a distance of 20.00 feet; Thence North 00' 40' 19" East, a distance of 29.50 feet; Thence North 89° 19'41" West, a distance of 176.21 feet; Thence South 16° 06'12" West, a distance of 43.47 feet; Thence South 73° 53'48" East, a distance of 26.50 feet; Thence South 160 06' 12" West, a distance of 20.00 feet; Thence North 73° 53'48" West, a distance of 26.50 feet; Thence South 16° 06'12" West, a distance of 255.19 feet; Thence South 73° 53'48" East, a distance of 51.74 feet; Thence North 16° 06' 12" East, a distance of 25.00 feet; Thence South 73° 53' 48" East, a distance of 20.00 feet; Thence South 16° 06' 12" West, a distance of 25.00 feet; Thence South 73° 53'48" East, a distance of 78.19 feet; Thence North 16° 06' 12" East, a distance of 98.86 feet; Thence North 28° 53'48" West, a distance of 41.21 feet; Thence North 61° 06' 12" East, a distance of 4.24 feet; Thence South 73° 53'48" East, a distance of 22.28 feet; Thence South 28° 53'48" East, a distance of 25.46 feet; Thence South 73° 53'48" East, a distance of 28.86 feet; Thence South 16° 06'12" West, a distance of 20.00 feet; Thence North 73" 53'48" West, a distance of 23.00 feet; Thence South 16° 06' 12" West, a distance of 93.00 feet; Thence South 73° 53'48" East, a distance of 86.34 feet; Thence North 61° 06' 12" East, a distance of 36.77 feet; Thence South 73° 53'48" East, a distance of 97.04 feet; Thence South 16° 41' 33" East, a distance of 21.72 feet; Thence South 73° 18'27" West, a distance of 20.00 feet; Thence North 160 41' 33" West, a distance of 10.82 feet; Thence North 73° 53'48" West, a distance of 13.67 feet; Thence South 16° 06' 12" West, a distance of 73.39 feet to a point of non -tangent curve; Thence 135.19 feet on the arc of a curve to the left, said curve having a radius of 277.94 feet, a central angle of 27° 52'04", a chord bearing of South 20° 47'39" East, and a chord length of 133.86 feetto a point on the westerly right of way of said South Spanish Fork Way; Thence South 53° 00' 22" West, a distance of 20.01 feet on said westerly right of way to a point of non - tangent curve,; Thence leaving said westerly right of way, 149.84 feet on the arc of a curve to the right, said curve having a radius of 297.94 feet, a central angle of 28° 48' 51", a chord bearing of North 20° 28' 23" West, and a chord length of 148.26 feet; E Site Planning • Landscape Architecture - Civil Engineering • Golf course Irrigation & Engineering • Graphic Design . Surveying 462 E. Shore Drive, Suite 100 - Eagle, Idaho 83616 - P 208.939.4041 - F 208.939.4445 . www.titelandgroupinc.com 0J01_}h ri doe Thence North 16° 06' 12" East, a distance of 77.38 feet; Thence North 73° 53'48" West, a distance of 44.18 feet; Thence South 61° 06' 12" West, a distance of 28.93 feet; Thence South 16° 06' 12" West, a distance of 15.54 feet; Thence North 73° 53'48" West, a distance of 179.00 feet; Thence South 16° 06' 12" West, a distance of 24.50 feet; Thence North 73' 53'48" West, a distance of 10.00 feet; Thence South 16° 06' 12" West, a distance of 39.88 feet; Thence South 73° 53'48" East, a distance of 24.50 feet; Thence South 16° 06' 12" West, a distance of 20.00 feet; Thence North 73° 53'48" West, a distance of 24.50 feet; Thence South 16° 06' 12" West, a distance of 280.14 feet; Thence South 73° 53'48" East, a distance of 14.40 feet; Thence North 16° 06' 12" East, a distance of 9.00 feet; Thence South 73° 53'48" East, a distance of 20.00 feet; Thence South 16° 06' 12" West, a distance of 9.00 feet; Thence South 73° 53'48" East, a distance of 127.95 feet; Thence South 28° 53'48" East, a distance of 9.90 feet; Thence South 73° 53'48" East, a distance of 124.76 feet to a point of non -tangent curve, said point being on the westerly right of way of said South Spanish Fork Way; Thence 2.93 feet on the arc of a curve to the left, said curve having a radius of 310.47 feet, a central angle of 00° 32'29", a chord bearing of South 36° 43'52" West, and a chord length of 2.93 feet on said westerly right of way to a point of non -tangent compound curve; Thence 18.24 feet on the arc of a curve to the left, said curve having a radius of 299.90 feet, a central angle of 03° 29' 07", a chord bearing of South 35° 01' 33" West, and a chord length of 18.24 feet on said westerly right of way; Thence leaving said westerly right of way, North 73° 53'48" West, a distance of 59.32 feet; Thence South 16° 06'12" West, a distance of 32.50 feet; Thence North 73° 53' 48" West, a distance of 20.00 feet; Thence North 16° 06' 12" East, a distance of 32.50 feet; Thence North 73° 53'48" West, a distance of 26.54 feet; Thence South 16° 06' 12" West, a distance of 16.66 feet; Thence North 73° 53'48" West, a distance of 20.00 feet; Thence North 16° 06' 12" East, a distance of 13.66 feet; Thence North 73° 53' 48" West, a distance of 16.34 feet; Thence South 16° 06' 12" West, a distance of 121.50 feet; Thence North 73° 53'48" West, a distance of 20.00 feet; Thence North 16° 06' 12" East, a distance of 121.50 feet; Thence North 73° 53' 48" West, a distance of 62.97 feet; Thence South 16° 06' 12" West, a distance of 29.50 feet; Thence North 73° 53'48" West, a distance of 20.00 feet; Thence North 16° 06' 12" East, a distance of 29.50 feet; Thence North 73° 53'48" West, a distance of 33.64 feet; Thence South 16'06'12" West, a distance of 29.50 feet; Thence North 73° 53'48" West, a distance of 20.00 feet; Thence North 16° 06' 12" East, a distance of 28.50 feet; Thence North 73° 53'49" West, a distance of 84.72 feet; Thence North 16° 06' 12" East, a distance of 20.00 feet; r" Site Planning • Landscape Architecture • Civil Engineering - Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 - Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com Thence South 73° 53'48" East, a distance of 66.38 feet; Thence North 16° 06' 12" East, a distance of 157.02 feet; Thence North 73° 53' 48" West, a distance of 13.66 feet; Thence North 16° 06' 12" East, a distance of 7,92 feet; Thence North 73° 53'48" West, a distance of 15.92 feet; Thence North 16° 14' 51" East, a distance of 20.00 feet; Thence South 73° 53'48" East, a distance of 29.53 feet; Thence North 16° 06' 12" East, a distance of 190.58 feet; Thence North 73° 53'48" West, a distance of 46.66 feet; Thence South 16° 06' 12" West, a distance of 29.00 feet; Thence North 73° 53'48" West, a distance of 20.00 feet; Thence North 16° 06' 12" East, a distance of 29.00 feet; Thence North 73° 53'48" West, a distance of 5.43 feet; Thence South 16° 06'12" West, a distance of 1.00 feet; Thence North 73° 53' 48" West, a distance of 125.91 feet; Thence North 16° 06' 12" East, a distance of 20.00 feet; Thence South 73° 53'48" East, a distance of 116.91 feet; Thence North 16° 06' 12" East, a distance of 9.84 feet; Thence North 73° 53' 48" West, a distance of 14.83 feet; Thence North 16° 06' 12" East, a distance of 20.00 feet; Thence South 73° 53'48" East, a distance of 14.83 feet; Thence North 16° 06' 12" East, a distance of 39.78 feet; Thence North 73° 53'48" West, a distance of 29.54 feet; Thence North 16" 14' 51" East, a distance of 20.00 feet; Thence South 73° 53'48" East, a distance of 29.49 feet; Thence North 16° 06' 12" East, a distance of 270.62 feet; Thence North 18° 58' 53" East, a distance of 108.81 feet to a point on the southerly right of way of West Overland Road; Thence South 89° 19' 41" East, a distance of 21.07 feet on said southerly right of way to the POINT OF BEGINNING, PREPARED BY: THE LAND GROUP, INC. James R. Washburn i - Site Planning • Landscape Architecture • Civil Engineering, • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 - P 208.939.4041 - F 208.939.4445 - www.thelandgroupinc.com S,14 - BASIS OF BEARING - S.14 S.13 _ S89°19'41"E 2661.73' S,?_3 1261,76' L136 TIEL LINE: L1 1399.97' W. OVERLAND RD. S,23 5,24 N 1/4 R/W R/W R/W R/W RAY /OF NE CORNER SECTION 23 / POa INT —._ _ —._ SECTION 23 T.3N., RAW., B.M. BEGINNING r1 — — — 71 T.3N., R.1W,, B.M. �/ L3 L5- - r L29 1 I _, L — --� IM �I l(s _ (11 L36 �L,3,35 J 7� / r L40 L39 — - L31 (2L41 L3L32 w / L25 w ' L13 M / v L23 L133 �/ L43 J L132 3 2 - / UTILITY EASEMENT / L131 L130 % /� AREA:97,343 SO.FT.Ll 29' 1- 2 7 `/ / V L52 (53 12 L54 J / / L126 / l� fL55 L19 / �L125 7 / 1.46 r IF (47 0/ L L57 e� r`45 I `L r5 C1 (49 / L123 L1221 L74 '� ..J (S9 0 L77 Lib 1121 � %`] \11 r+ (EL L65 L117 '—L75 L ^ L76 L71 .� 6q Q3 / �/ KOO L70 L64L78 L114 L1131-112 L111 v6 5 0 %�12 0 o (`9J L83 V 8 `7' *7 /�'181 �Lsi l`� /� L LnND L�°05 7 rLJ'9 7rL94 LOO \ �j 1 TE/�'� 1l L10 / / C4/-- 4 ry L103 �o�/ / C5 a 7880 89 L102 L101 a^ L100 / /�% 03/19/2018 ` L97 lQ,/ 9TE OF �oP� SSR, WA o tea 3aa Exhibit "B" IIOfiWITAL SCALE: 1' -150 I�1 fti ,✓�� rz THE LAND GROUP 462E2 H ShoreNO,8 , Sub 1a0 Eagle, Ida1w 83616 . Prane208.939.4041Fax 208.039,4445 wm.-+.o.+esamwau.� � VI+M•nllbgYroxtW filet N1))lgtwryV.Y•. Sed i.:T W:eKAwvC1: R' Exhibit "B" GeJ,lt{. Utility Easement 1 of 4 Sou+"Y d6�e t 5 a b i �E L C e fi S F b T '�b} S: ��� ���n So�rid� City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6J Project/File Number: Item Title: Fast Eddy's Fast Eddy's Car Wash Sanitary Sewer and Water Main Easement Meetina Notes 9 APPROIED ADA COUNTY RECORDER Christopher D. Rich 2018-037004 BOISE IDAHO Pgs=6 LISA BATT 04/25/2018 01:11 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): Fast Eddy's Car Wash Sanitary Sewer & Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one casement of this type. (See Instructions for additional information). I I THIS Easement Agreement, made this 2— 1 day of 2015 —between ST Investments, Inc. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after 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 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 Sanitary Sewer and Water Main Easement REV. 03/26/2018 F6EctJ4,5 purposes stated herein. 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: STATE OF ID O ) ) ss County of Ada ) This ecord was acknowledged before me on n I 00date) by (name of individual), [complete the ollowing if signing in a representative ca city, or strike the following if signing in an individual capacity] on behalf of ST I nvest rnent s, I nc. (name of entity on behalf f whom record was executed), in the following representative capacity: �Q�jG1�11g (type of authority such as officer or trustee) • .••IFER (. :. st� d•�P ' ,oTAR�•'• ° Not Si My nu •t, J,.• UBLIC :. •, *C) OF•A •'• ......... Sanitary Sewer and Water Main Easement f a5i T aa,45 Expires: REV. 03/26/2018 GRANTEE: CITY OF MERIDIAN ��o Pu�usr O``� °` 1P� TQe 3+e1 CoUY10 ► 6r�0 T S�Pti Jam" Att&t by C.J0 Coles, City Clerk STATE OF IDAHO, ss. County of Ada ) Jai epor+or-) ' / This record was acknowledged before me on P -g18 (date) by erd and C.Jay Coles on behalf of the City of Meridian, in their capacities as -111, and, City 1 Clerk, respectively. clou nCIe6l derrr • O Notary Signature x ; t My Commission Expire 6Aa • as.. s ;Mill .•• Sanitary Sewer and Water Main Easement REV. 03/26/2018 Fad-Eo,U4s W Ar 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 MM April 11, 2018 Project No.: 11-017 ST Investments, Inc Sewer and Water Easement Legal Description EXHIBIT A A parcel of land for a City of Meridian Sewer and Water Easement being a portion of Lots 16,17 and 18, Block 2 of Centrepointe Subdivision No. 2 (Book 110 of Plats at pages 15,889-15,892, records of Ada County, Idaho), situated in the Northeast 1/4 of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap monument marking the East 1/4 corner of said Section 32, which bears N00°29'48"E a distance of 2,654.28 feet from a found brass cap monument marking the Southeast corner of said Section 32, thence following the easterly line of said Section 32, S00°29'48"W a distance of 1,266.35 feet; Thence leaving said easterly line, S89°59'16"W a distance of 270.35 feet to the northerly boundary line of an Existing Public Utility and Irrigation Easement per said Centrepointe Subdivision No. 2 and being the POINT OF BEGINNING. Thence following said northerly boundary line, S89°59'16"W a distance of 126.88 feet; Thence leaving said northerly boundary line, N00°01'03"W a distance of 322.95 feet; Thence N89°58'57"E a distance of 20.00 feet; Thence S00°01'03"E a distance of 312.95 feet; Thence N89°59'16"E a distance of 106.88 feet; Thence S00°01'03"E a distance of 10.00 feet to the POINT OF BEGINNING. Said parcel contains 0.173 acres (7,528 square feet), more or less, and is subject to all existing easements and/or rights-of-way of record or implied. �p t LAND--, eN6 S��`o 1 �9TF OF yFl < Y K ENGINEERS I SURVEYORS I PLANNERS W, O z C O .> 0 N O C 0 a. N C N U �N89'58'57"E 20.00' oNpl LAN, \C E N SfpCt GAG I a- I 9TH. I 20.00' q I Lot 18 Q1 � N N N � � w — o 00 0 0 0 0 z Lot 16 T00__ 11. P N LEGEND 1 10 16 FOUND BRASS CAP CALCULATED POINT PARCEL BOUNDARY LINE SECTION LINE ADJACENT BOUNDARY LINE OF �� — — — — — — — EASEMENT LINE KE��� — 0 25 50 100 Plan Scale — — ST Investments, Inc. — — APN. R1343850055 Centrepointe Subdivision No. 2 Lot 17 20.00 0 O N89'59'16E 106.88' S89'59'16"W 126.88' 4 I= �m ENGINEERS. SURVEYORS. PLANNER` 9233 WEST STATE STREET BOISE, IDAHO 83714 PHONE(208)639.6939 FAX (208) 639.6930 DATE: April, 2018 PROJECT: 11-017 SHEET: 1 OF 1 F6-4 ms's S00'01'03"E 1000 1 — SURVEY TIE LINE 32 33 POINT OF COMMENCEMENT FOUND BRASS CAP E 1/4 CORNER SECTION 32 1 S89'59'1 6"W 270.35' POINT OF BEGINNING 0 c Centrepointe Subdivision 0�5o m � G) M M D X OOw OZz Z 0 M C K: CO DJ M r (n 'D A Oar z O D z N 0 —/�\ A CO N � L Z_ (OX-0 -p Nn ro M 0 3LL v N 100 0 h0 cy) Lu omrn I0 V) �I rn 00 l r1 �I I I SOUTHEAST CORNER32 33 SECTION 32 �� 5 4 EXHIBIT B City of Meridian Sewer and Water Easement A PORTION OF LOTS 16, 17 AND 18, BLOCK 2 OF CENTREPOINTE SUBDIVISION No. 2, SITUATED IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, SECTION 32; TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. Title: City of Meridian Sewer and Water Easement Date: 04-11-2018 Scale: 1 inch = 55 feet I File: ss h20 closure.txt Tract 1: 0.173 Acres: 7528 Sq Feet: Closure= s00.0053e 0.00 Feet: Precision =1/488337: Perimeter=. 900 Feet 001=s89.5916w 126.88 002=n00.0103w 322.95 003=n89.5857e 20.00 Fas+ G-c1dgs 004=s00.0103e 312.95 005=n89.5916e 106.88 006=s00.0103e 10.00 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6K Project/File Number: Item Title: Caven Ridge Estates East Subdivision No. 2 Final Plat for Caven Ridge Estates East Subdivision No. 2 (H-2018-0034) by New Cavanaugh, LLC Located East of S. Standing Timber Way and South of E. Victory Rd. Meetina Notes u APPROVED Caven Ridge Estates East Subdivision No. 2 – FP H-2018-0034 PAGE 1 STAFF REPORT MEETING DATE: April 24, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Caven Ridge Estates East Subdivision No. 2 - FP (H-2018-0034) I. APPLICATION SUMMARY The applicant, New Cavanaugh, LLC, has applied for final plat (FP) approval of 25 single-family residential building lots and 1 common area lot on 5.98 acres of land in an R-8 (medium density residential) zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Caven Ridge Estates East Subdivision No. 2 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0034 as presented in the staff report for the hearing date of April 24, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0034, as presented during the hearing on April 24, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0034 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is generally located south of E. Victory Road, south of the Ridenbaugh Canal on the east side of S. Standing Timber Way, , in the NW ¼ of Section 30, T. 3N., R. 1E. B. Applicant: New Cavanaugh, LLC 2289 S. Bonito Way Meridian, ID 83642 C. Owner: Same as applicant Meridian City Council Meeting Agenda April 24, 2018 – Page 308 of 717 Caven Ridge Estates East Subdivision No. 2 – FP H-2018-0034 PAGE 2 D. Representative: Wendy Shrief, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, ID 83709 V. STAFF ANALYSIS The proposed final plat depicts 25 building lots and 1 common lots on 5.98 acres of land in an R-8 zoning district. 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. Because the number of buildable lots and common area shown on the proposed final plat is the same as shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-06-015), preliminary plat and development agreement (Instrument No. 2017-074871) (H-2017-0020). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of the City Engineer’s signature on the previous phase final plat (by 2/14/2020); or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by JUB Engineers, Inc., stamped on 6/29/17 by Michael S. Byrns, included in Exhibit C shall be revised as follows: a. Note #5: “Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian.” b. Easement Note #4: Include recorded instrument number. c. Label the easement for the Ridenbaugh Canal as such on Lot 18, Block 2. d. It does not appear that 10-foot wide easements are necessary on the subdivision boundary side of Lots 11 & 21, Block 1, and Lots 4 &17, Block 2. These lines will be side lot lines to existing/future phases, and therefore they could be reduced to 5-foot width. 5. The landscape plan prepared by Stack Rock Group, dated 2/9/17, included in Exhibit D shall be revised as follows: a. Depict landscaping adjacent to the pathway along the Ridenbaugh Canal in accord with the standards listed in UDC 11-3B-12C. Trees and landscaping required along the pathway should be provided within the common lot, not within adjacent building lots, unless otherwise approved through Alternative Compliance. b. Depict fencing along the south side of the Ridenbaugh Canal between the canal and the pathway as set forth in UDC 11-3A-6B.3 to deter access to the ditch for public safety purposes. 6. All fencing installed on the site must comply with the standards listed in UDC 11-3A-6 and 11- 3A-7. If permanent perimeter fencing is not provided along the boundaries of the site, temporary fencing to contain debris during construction shall be installed prior to release of building permits. Meridian City Council Meeting Agenda April 24, 2018 – Page 309 of 717 Caven Ridge Estates East Subdivision No. 2 – FP H-2018-0034 PAGE 3 7. Submit a public pedestrian pathway easement to the Planning Division for the multi-use pathway proposed along the Ridenbaugh Canal prior to signature on the final plat by the City Engineer for approval by City Council and subsequent recordation; coordinate the details of the easement with Kim Warren, Pathways Project Manager, Park’s Department (208-888-3579) 8. This development is subject to pay $1,465.56 per acre, to proportionally offset costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said payment must be received prior to obtaining the City Engineer’s signature on each final plat. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 10. A Street Light Plan will be required with the submittal of the civil construction plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 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 adjac ent 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 oc cupancy 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 310 of 717 Caven Ridge Estates East Subdivision No. 2 – FP H-2018-0034 PAGE 4 more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that Meridian City Council Meeting Agenda April 24, 2018 – Page 311 of 717 Caven Ridge Estates East Subdivision No. 2 – FP H-2018-0034 PAGE 5 may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for 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 avai lable, a single-point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 6/6/17) C. Proposed Final Plat (dated: 6/29/17) D. Proposed Landscape Plan (dated: 2/9/17) Meridian City Council Meeting Agenda April 24, 2018 – Page 312 of 717 Caven Ridge Estates East Subdivision No. 2 – FP H-2018-0034 PAGE 6 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda April 24, 2018 – Page 313 of 717 Caven Ridge Estates East Subdivision No. 2 – FP H-2018-0034 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 6/6/17) Meridian City Council Meeting Agenda April 24, 2018 – Page 314 of 717 Caven Ridge Estates East Subdivision No. 2 – FP H-2018-0034 PAGE 8 Exhibit C – Proposed Final Plat (dated: 2/23/17) Meridian City Council Meeting Agenda April 24, 2018 – Page 315 of 717 Caven Ridge Estates East Subdivision No. 2 – FP H-2018-0034 PAGE 9 Meridian City Council Meeting Agenda April 24, 2018 – Page 316 of 717 Caven Ridge Estates East Subdivision No. 2 – FP H-2018-0034 PAGE 10 Exhibit D –Proposed Landscape Plan (dated: 2/9/17) Meridian City Council Meeting Agenda April 24, 2018 – Page 317 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6L Project/File Number: H-2018-0030 Item Title: Movado Estates Subdivision No. 4 Final Plat for Movado Estates Subdivision No. 4 (H-2018-0030) by Conger Management Group located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road Meetina Notes U✓ APPROVED Meridian City Council Meeting Agenda April 24, 2018 – Page 320 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 321 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 322 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 323 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 324 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 325 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 326 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 327 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 328 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 329 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6M Project/File Number: H-2018-0020 Item Title: Whiteacre No. 4 Final Order 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 Yf APPROVED BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 25 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 6 COMMON LOTS ON 5.52 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR WHITEACRE SUBDIVISION NO.4 BY: WHITEACRE DEVELOPMENT CORP. APPLICANT HEARING DATE: APRIL 3, 2018 CASE NO. H-2018-0020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 3, 2018 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING WHITEACRE SUBDIVISION NO.4, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, BY GREGORY G. CARTER, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITEACRE SUB 4 — FP (H-2018-0020) Page 1 of 3 staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 3, 2018, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant toIdahoCode § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty - ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITEACRE SUB 4 — FP (H-2018-0020) Page 2 of 3 eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the ADX -I` , 2018. 2 y+k' day of PUGFJST 1 79a 0 �( B y. r;�y 1P� -� dY� ►" IyerofVeridian C - I Pe4 Attest: SPL � S yJQ- �P ENTER of thsl Clay Coles City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. 1 By: wou Dated: Aq —( 8 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WI IITEACRE SUB 4 — FP (H-2018-0020) Page 3 of 3 Exhibit A Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 1 Formatted: Centered 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. A shton 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 334 of 717 Exhibit A Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 2 Formatted: Centered 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 335 of 717 Exhibit A Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 3 Formatted: Centered 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 compli ance. 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 ma y 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 336 of 717 Exhibit A Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 4 Formatted: Centered 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 f or 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 337 of 717 Exhibit A Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 5 Formatted: Centered 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) Meridian City Council Meeting Agenda April 24, 2018 – Page 338 of 717 Exhibit A Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 6 Formatted: Centered Exhibit A – Vicinity Map Meridian City Council Meeting Agenda April 24, 2018 – Page 339 of 717 Exhibit A Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 7 Formatted: Centered Exhibit B – Approved Preliminary Plat (dated: 02/10/16) Meridian City Council Meeting Agenda April 24, 2018 – Page 340 of 717 Exhibit A Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 8 Formatted: Centered Exhibit C – Proposed Final Plat (dated: 02/07/2018) Meridian City Council Meeting Agenda April 24, 2018 – Page 341 of 717 Exhibit A Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 9 Formatted: Centered Exhibit D – Proposed Landscape Plan (dated: 02/05/16) Meridian City Council Meeting Agenda April 24, 2018 – Page 342 of 717 Exhibit A Whiteacre Subdivision No. 4– FP (H-2018-0020) PAGE 10 Formatted: Centered Meridian City Council Meeting Agenda April 24, 2018 – Page 343 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6N Project/File Number: H-2018-0004 Item Title: Lost Rapids Findings of Fact, Conclusions of Law for Lost Rapids (H-2018-0004) by GFI Investments II, LLC and Brighton Investments Located at the Southwest Corner of State Highway 20-26 (Chinden Blvd.) and North Ten Mile Rd. Meetinq Notes �✓ APPROVED CITY OF MERIDIAN �T�;;'� FINDINGS OF FACT, CONCLUSIONS OF LAW IDI awl AN DECISION & ORDER "s A - In the Matter of the Request for Amendment to the Future Land Use Map Contained in the Comprehensive Plan to Change the Future 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) Designations to 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 One (1) Residential Building Lot, Thirteen (13) Commercial Building Lots, and One (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 11-311-413.2 which Prohibits New Approaches Directly Accessing a State Highway to Allow Two (2) New Accesses via US 20-26/W. Chinden Blvd., by GFI — Meridian Investments, LLC and Brighton Investments. Case No(s). H-2018-0004 For the City Council Hearing Date of. April 3, 2018 (Findings on April 24, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 3, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 3, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 3, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 3, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0004 - 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 April 3, 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, Annexation and Zoning, Preliminary Plat and Variance is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 3, 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 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I - 6B -7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0004 " 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 April 3, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0004 - 3 - By action of the City Council at its regular meeting held on the day of 2018. ALA— COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) VOTED / e4 VOTED / (q VOTED VOTED Ya - VOTED \)G-4 VOTED �—1p� `z VOTED reSl 2n+ Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: `� o�`� City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0004 Los+"RGL, cks 4 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. EXHIBIT A Meridian City Council Meeting Agenda April 24, 2018 – Page 349 of 717 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 24, 2018 – Page 350 of 717 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 The Meridian City Council heard these items on April 3, 2018. At the public hearing, the Council approved the subject CPAM, AZ, PP and VAR requests. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle, Brighton Corporation and Andy Daleiden, Kittleson & Associates (Applicant’s Representatives); See meeting minutes for a complete list of those testifying in favor. ii. In opposition: See meeting minutes for a complete list of those testifying in opposition. iii. Commenting: See meeting minutes for a complete list of those commenting on this application. iv. Written testimony: Many letters of testimony (for and against) have been received – see project file in the public record for a complete list. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. See meeting minutes for a complete record of public testimony. c. Key Issues of Discussion by Council: i. See meeting minutes for a complete record of the Council’s discussion. ii. Key Council Changes to Commission Recommendation i. The Council did not approve the conceptual building elevations for Costco and required that a modification to the development agreement be processed in the future t o finalize approval of the conceptual design of the building. Meridian City Council Meeting Agenda April 24, 2018 – Page 351 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 4 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 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 352 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 5 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 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 353 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 6 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). 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). Meridian City Council Meeting Agenda April 24, 2018 – Page 354 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 7 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. 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 355 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 8 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 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 356 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 9 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. “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) Meridian City Council Meeting Agenda April 24, 2018 – Page 357 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 10 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) 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 358 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 11 “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 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 359 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 12 “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 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 360 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 13 “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. 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 361 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 14 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 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 362 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 15 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 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) Meridian City Council Meeting Agenda April 24, 2018 – Page 363 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 16 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 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 364 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 17 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). 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 365 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 18 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 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 366 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 19 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. 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 367 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 20 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. 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 368 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 21 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. 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) 8. Costco Site Lighting Meridian City Council Meeting Agenda April 24, 2018 – Page 369 of 717 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 22 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 24, 2018 – Page 370 of 717 - 2 - A. Drawings/Other Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda April 24, 2018 – Page 371 of 717 - 3 - Exhibit A.2: Existing & Proposed Future Land Use Map (REVISED) Meridian City Council Meeting Agenda April 24, 2018 – Page 372 of 717 - 4 - Exhibit A.3: Overall Conceptual Development Plan (dated: 1/12/2018) & Master Plan & Pedestrian Circulation Plan Meridian City Council Meeting Agenda April 24, 2018 – Page 373 of 717 - 5 - Meridian City Council Meeting Agenda April 24, 2018 – Page 374 of 717 - 6 - Exhibit A.4: Preliminary Plat (dated: 1/12/18) Meridian City Council Meeting Agenda April 24, 2018 – Page 375 of 717 - 7 - Meridian City Council Meeting Agenda April 24, 2018 – Page 376 of 717 - 8 - Exhibit A.5: Landscape Plan (dated: 1/12/018) Meridian City Council Meeting Agenda April 24, 2018 – Page 377 of 717 - 9 - Meridian City Council Meeting Agenda April 24, 2018 – Page 378 of 717 - 10 - Meridian City Council Meeting Agenda April 24, 2018 – Page 379 of 717 - 11 - Meridian City Council Meeting Agenda April 24, 2018 – Page 380 of 717 - 12 - Exhibit A.6: Conceptual Site Plan for Multi-Family Development (dated: 9/5/2017) Meridian City Council Meeting Agenda April 24, 2018 – Page 381 of 717 - 13 - Exhibit A.7: Conceptual Building Elevations (Photos & Renderings) Meridian City Council Meeting Agenda April 24, 2018 – Page 382 of 717 - 14 - Single-Family Attached/Detached Units: Meridian City Council Meeting Agenda April 24, 2018 – Page 383 of 717 - 15 - Commercial: Meridian City Council Meeting Agenda April 24, 2018 – Page 384 of 717 - 16 - NOT APPROVED Meridian City Council Meeting Agenda April 24, 2018 – Page 385 of 717 - 17 - Meridian City Council Meeting Agenda April 24, 2018 – Page 386 of 717 - 18 - Exhibit A.8: Costco Site Lighting Meridian City Council Meeting Agenda April 24, 2018 – Page 387 of 717 - 19 - 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 24, 2018 – Page 388 of 717 - 20 - 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 for the future Costco site) shall, at minimum, incorporate the following provisions: 1. Future development of this site shall substantially comply with the conceptual development plan, preliminary plat, and 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 10-foot wide multi-use pathway/sidewalk along the entire frontage of US 20-26/Chinden Blvd. and street buffer landscaping and 5-foot wide sidewalk along the entire frontage of 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 389 of 717 - 21 - 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. 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; there shall be a 50% reduction in lighting levels after store closes consistent with that shown in Exhibit A.8. 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. If within two (2) years of issuance of the Certificate of Occupancy for the Costco Wholesale building, assuming the Idaho Transportation Department has obtained is able to secure the necessary required right-of-way, SH 20-26/W. Chinden Blvd. shall be widened to four (4) lanes from N. Tree Farm Way to SH-16 (1.44 miles). 17. This agreement shall be amended in the future to include conceptual building elevations for the Costco store as discussed at the hearing on April 3, 2108. The conceptual elevations included in Exhibit A.7 of the staff report are not approved. c. The DA for the property owned by GFI – Meridian Investments II, LLC (the C-G and R-40 zoned property, excluding the Costco site) 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 390 of 717 - 22 - 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 3. 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. 4. With the first phase of development, 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. 5. The street buffer landscaping and 10-foot wide multi-use pathway/sidewalk along the entire frontage of US 20-26/Chinden Blvd. and street buffer landscaping and 5-foot wide sidewalk along N. Ten Mile Road shall be constructed with the first phase of development. 6. 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. 7. 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. 8. 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. 9. 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. 10. A maximum gross density of 24 residential units per acre is allowed to develop within the multi- family residential portion this site. 11. 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. 12. Prior to issuance of the first commercial 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 Rd. (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. 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 391 of 717 - 23 - 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. 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 392 of 717 - 24 - 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. 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 393 of 717 - 25 - primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 394 of 717 - 26 - 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 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 24, 2018 – Page 395 of 717 - 27 - 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 24, 2018 – Page 396 of 717 - 28 - 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 24, 2018 – Page 397 of 717 - 29 - 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 24, 2018 – Page 398 of 717 - 30 - 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 24, 2018 – Page 399 of 717 - 31 - 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 road way 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 24, 2018 – Page 400 of 717 - 32 - 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 24, 2018 – Page 401 of 717 - 33 - 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 24, 2018 – Page 402 of 717 - 34 - 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 24, 2018 – Page 403 of 717 - 35 - 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 24, 2018 – Page 404 of 717 - 36 - 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 24, 2018 – Page 405 of 717 - 37 - 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 24, 2018 – Page 406 of 717 - 38 - 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 24, 2018 – Page 407 of 717 - 39 - 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 24, 2018 – Page 408 of 717 - 40 - 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 24, 2018 – Page 409 of 717 - 41 - Meridian City Council Meeting Agenda April 24, 2018 – Page 410 of 717 - 42 - Meridian City Council Meeting Agenda April 24, 2018 – Page 411 of 717 - 43 - Meridian City Council Meeting Agenda April 24, 2018 – Page 412 of 717 - 44 - Meridian City Council Meeting Agenda April 24, 2018 – Page 413 of 717 - 45 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda April 24, 2018 – Page 414 of 717 - 46 - Meridian City Council Meeting Agenda April 24, 2018 – Page 415 of 717 - 47 - Meridian City Council Meeting Agenda April 24, 2018 – Page 416 of 717 - 48 - Meridian City Council Meeting Agenda April 24, 2018 – Page 417 of 717 - 49 - Meridian City Council Meeting Agenda April 24, 2018 – Page 418 of 717 - 50 - 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 City Council finds that the proposed map amendment from Mixed Use – Community and Medium Density Residential to Commercial (16.5 acres) as depicted in Exhibit A.2 is consistent with elements of the Comprehensive as discussed during the hearings on March 1 and April 3, 2018. 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 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 City Council finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Sections VII and IX 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 planned future residential if the site is developed in accord with the concept plan in Exhibit A.3 and the conditions of approval contained herein. 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 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 City Council 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 City Council finds that the proposed amendment is in the best interest of the City. 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 make the following findings: Meridian City Council Meeting Agenda April 24, 2018 – Page 419 of 717 - 51 - 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-15, R-40 and C-G zoning districts is consistent with the existing MDR and proposed Commercial FLUM designations for this site and should be compatible with existing and future uses in the area. Therefore, 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 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 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). The City Council 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 City Council finds that the proposed plat is in substantial compliance with the Medium Density Residential and amended Commercial designations in the FLUM contained in the Comprehensive Plan. 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 are available and 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 24, 2018 – Page 420 of 717 - 52 - d. There is public financial capability of supporting services for the proposed development; Based on comments provided in Exhibit B 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 and ITD consider road safety issues in their analyses. f. The development preserves significant natural, scenic or historic features. The City Council is not aware of any significant natural, scenic or historic features on this site that need to be preserved. 4. MODIFICATION OF UDC STATE HIGHWAY ACCESS STANDARDS: Under UDC § 11-3H-3, the Council may consider and apply modifications to state highway access standards upon a specific recommendation of the Idaho transportation department. Based on UDC § 11-3H-3, the Council finds that modification of the City’s state highway access standards is warranted. On October 18, 2017, the Idaho Transportation Department submitted agency comments on the proposed development, which recommended permitting direct access onto SH 20/26 as submitted by the applicant’s plans. Based on this specific recommendation, the Council elects to modify such standards because direct access onto SH 20/26 reduces development impacts and improves traffic flow on surrounding streets, including W. Lost Rapids Rd. and Ten Mile Rd., which will positively impact neighboring residences. In addition to meeting the requirements for modified access standards, the proposed access also meets the City’s variance standards as noted below. 5. 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; The Council finds the variance does not grant a right or special privilege. The Idaho Transportation Department, the agency with authority over SH 20/26, has recommended the access permitted by the variance for the benefit of the state highway system. Other properties in the vicinity, that run adjacent to SH 20/26 and SH 55, have historically been granted direct access onto SH 20/26 and all necessary right of way for mitigation has been or will be acquired. b. The variance relieves an undue hardship because of characteristics of the site; and The Council finds the variance will relieve an undue hardship caused by the characteristics of the site because the site requires additional access. The shape of the lot, rectangular with significant frontage on SH 20/26, necessitates midpoint access onto SH 20/26 for traffic flow and safety. The surrounding roads and existing access points are insufficient to serve the site; direct access onto SH 20/26 is necessary to disperse traffic throughout the area. Strict adherence to the City’s state highway access standards would result in undue hardship to the applicant by preventing the applicant from using the property for its proposed use. Meridian City Council Meeting Agenda April 24, 2018 – Page 421 of 717 - 53 - c. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds the variance will not be detrimental to the public health, safety, or welfare because the Idaho Transportation Department, the agency with jurisdiction to plan, design, and grant ac cess permits onto the state highway system, has specifically recommended the direct access onto SH 20/26. The direct access will improve traffic flow and reduce congestion resulting in increased safety. Meridian City Council Meeting Agenda April 24, 2018 – Page 422 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 60 Project/File Number: H-2018-0006 Item Title: Fast Eddy's Findings of Fact Conclusions of Law for Fast Eddy's (H-2018-0006) by ALC Architecture, Located at 3775 N. Eagle Road Meeting Notes 9 APPROVED CITY OF MERIDIAN�j T��� T' I FINDINGS OF FACT, CONCLUSIONS OF LAW L 1 j AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 1.63 Acres of Land with a C -G Zoning District; and Conditional Use Permit for a Drive -Through Establishment within 300 Feet of a Residential Use and Extended Hours of Operation in the C -G Zoning District when Adjacent to a Residential Use of 24 Hours a Day/7 Days a Week, by ALC Architecture. Case No(s). H-2018-0006 For the City Council Hearing Date of: April 17, 2018 (Findings on April 24, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 17, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 17, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 17, 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-2018-0006 - 1 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 17, 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 Annexation & Zoning and Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 17, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0006 - 2 - 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 April 17, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0006 - 3 - By action of the City Council at its regular meeting held on the day of Iq ID r , 2018. COUNCIL PRESIDENT JOE BORTON VOTED A COUNCIL VICE PRESIDENT LUKE CAVENER VOTED \&i COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED A COUNCIL MEMBER TREG BERNT VOTED l COUNCIL MEMBER GENESIS MILAM VOTED `)& MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Joe TDol"-% ) Coun6 v�e5iden-- ar. �'9 Attest: o� o' E IDA"D D LL -J C.Jak Coles I of Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:� h 1 ll 10-0-4 Dated: ' % rl O City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0006 1:�G+ FCH�- $ - 4 - EXHIBIT A Fast Eddy’s – AZ, CUP H-2018-0006 PAGE 1 STAFF REPORT Hearing Date: April 17, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Fast Eddy’s – AZ, CUP (H-2018-0006) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, ALC Architecture, has submitted an application for annexation and zoning (AZ) of 1.63 acres of land from the RUT zoning district in Ada County to the C-G zoning district in the City. A conditional use permit (CUP) for a drive-through establishment within 300 feet of a residential use; and extended hours of operation in the C-G zoning district of 24 hours a day/7 days a week is also requested. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and CUP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on March 15, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Steve Eddy, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: James Doolin, FIG Development, LLC; Steve Eddy, Applicant 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. Time of day that deliveries occur and 24 hour operation of facility. ii. Provision of driveway to the north boundary for future access/interconnectivity. iii. In favor of the requested reduced buffer width to the future residential development to the west with that property owner’s consent/support; and the reduced buffer width to the residential property to the north. d. Commission Change(s) to Staff Recommendation: i. Modify DA provision #1.1.1a to allow the existing office building to remain and be used as a construction office and for it to be demolished prior to issuance of the Certificate of Occupancy for the convenience store. ii. Modify DA provision #1.1.1c to allow a property boundary adjustment application to be processed for two parcels instead of one. e. Outstanding Issue(s) for City Council: i. None EXHIBIT A Fast Eddy’s – AZ, CUP H-2018-0006 PAGE 2 The Meridian City Council heard these items on April 17, 2018. At the public hearing, the Council approved the subject AZ and CUP requests. a. Summary of City Council Public Hearing: i. In favor: Steve Eddy, Zach Eddy ii. In opposition: None iii. Commenting: None iv. Written testimony: Steve Eddy 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. The applicant’s request for cross-access easement to not be provided to the property to the north as required in the staff report per UDC 11-3A-3A.2. ii. The applicant’s request for a reduction in the width of the buffer to residential uses from 25’ to 12’ along the north boundary of the site. iii. The applicant’s request for the hours of operation of the convenience/retail store and fuel sales facility to be extended from 6:00 am to 11:00 pm to 24 hours/day, 7 days a week. d. Key Council Changes to Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0006, as presented during the hearing on April 17, 2018, with the following modifications: (Add any proposed modifications). Continuance I move to continue File Number H-2018-0006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Denial After considering all staff, applicant and public testimony, I move deny File Number H-2018-0006, as presented during the hearing on April 17, 2018, for the following reasons: (You should state specific reasons for denial) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 3775 N. Eagle Rd., in the southeast ¼ of Section 32, Township 4 North, Range 1 East. (Parcel #: R4582530280 & S0532417375) B. Owner(s): ST Investments 2151 N. Greenview Ct. Eagle, ID 83616 C. Applicant: EXHIBIT A Fast Eddy’s – AZ, CUP H-2018-0006 PAGE 3 Jeff Likes, ALC Architecture 1119 E. State #120 Eagle, ID 83616 D. Representative: Same as Applicant E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and a conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 23, 2018 (Commission); March 30, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: February 20, 2018 (Commission); March 23, 2018 (Council) D. Applicant posted notice on site(s) on: March 3, 2018 (Commission); March 28, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is currently an office building on the eastern portion of this site, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential property, zoned A-1 in Boise 2. East: A church, zoned A-1 in Boise 3. South: Undeveloped commercial property, zoned C-G 4. West: Future multi-family development in the development process (Brickyard), zoned C-G C. History of Previous Actions: This property was previously de-annexed from Boise and included in Meridian’s Area of City Impact boundary. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site are currently being installed adjacent to the subject site in the Brickyard Development. b. Location of water: Domestic water mains intended to provide service to the subject site from the City of Meridian are currently being installed adjacent to the subject site in the Brickyard Development. However, the site of the convenience store and fuel islands currently falls within Suez Water’s service area, and Suez has expressed their position of retaining service to the area. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways on this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. EXHIBIT A Fast Eddy’s – AZ, CUP H-2018-0006 PAGE 4 VII. COMPREHENSIVE PLAN POLICIES AND GOALS As stated above, the subject property was de-annexed from Boise and is now within the City of Meridian’s Area of City Impact boundary. For this reason, the subject property is not included on the City’s Future Land Use Map (FLUM) and does not have a future land use designation. Because land use designations on the FLUM are not parcel specific and the site abuts the Mixed Use – Regional (MU-R) designation to the south, and because the same property owner owns the property to the south and is developing that site as well as part of the overall development plan, staff has determined it’s appropriate to “float” the MU-R designation to the subject property. The Applicant proposes to develop a retail (convenience) store and fuel sales facility on this site; an associated vehicle washing facility and vehicle service (i.e. quick lube) use is proposed on the abutting property to the south that is part of the Applicant’s overall development plan. 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): “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There is an existing residence on the abutting property to the north of this site. The UDC (Table 11-2B-3) requires a 25-foot wide buffer to be provided on C-G zoned property to residential uses, landscaped in accord with the standards listed in UDC 11-3B-9C. The buffer with dense landscaping will assist in buffering and protecting the residential from the commercial use. “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads. Staff recommends the north/south driveway proposed along the west boundary of the site is extended to the north property line and a cross-access/ingress-egress easement is provided to the property to the north. This driveway will serve as a backage road and will reduce access points to N. Eagle Rd./SH-55 and will allow for interconnectivity between properties without accessing the state highway. “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed convenience store and fuel sales facility (and associated vehicle washing facility and vehicle service on the abutting property to the south) will contribute toward the variety of commercial and retail opportunities available within the northeast boundary of the City’s Area of Impact. “Consider needed sidewalk, pathway, landscaping, and lighting improvements with all land- use decisions along SH-55.” (3.03.02Q) A 10-foot wide pedestrian pathway and pedestrian-scale lighting is proposed as required within the street buffer along N. Eagle Rd./SH-55 in accord with UDC 11-3H-4C. “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.4; landscaping is required to comply with the standards listed in UDC 11-3B-8C. EXHIBIT A Fast Eddy’s – AZ, CUP H-2018-0006 PAGE 5 “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A pedestrian walkway is proposed between the subject property and the future multi-family development (i.e. Brickyard) to the west for interconnectivity. Staff recommends a pedestrian walkway is provided from the north and northwest boundaries to the main entrance of the retail store; and along the south boundary of the overall project site from the walkway planned to be constructed with the development to the west (i.e. Brickyard multi-family development) along the east/west driveway to the pathway along N. Eagle Rd./SH-55. “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02F) A 25-foot wide street buffer is required adjacent to N. Eagle Rd./SH-55, a state highway, landscaped in accord with the standards listed in UDC 11-3B-7C. “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 convenience store will provide convenience retail options within walking distance of existing and future residential neighbors. “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. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: 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. B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-G zoning district. Any use not explicitly listed is prohibited. The proposed retail (convenience) store and fuel sales facility is listed as a principal permitted use in the C-G zoning district; compliance with the specific use standards listed in UDC 11-4-3-20, Fuel Sales Facility, is required. A drive-through establishment is listed as a conditional use when it’s within 300 feet of a residential use or district or another drive-through establishment; compliance with the specific use standards listed in UDC 11-4-3-11, Drive- Through Establishments, is required. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district. D. Landscaping: Landscaping is required to be provided on the site in accord with the standards listed in UDC 11-3B as applicable. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6B for non- residential uses. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ): The applicant requests approval to annex & zone 1.63 acres of land with a C-G zoning district. As EXHIBIT A Fast Eddy’s – AZ, CUP H-2018-0006 PAGE 6 discussed above, staff deems it appropriate to “float” the Mixed Use – Regional FLUM designation from the abutting property to the south to this property; the proposed C-G zoning district is compatible with the MU-R designation. The applicant proposes to develop the site with a 16,399 square foot retail store with a drive- through establishment and a fuel sales facility. An associated vehicle washing facility and vehicle service (i.e. quick lube) use is also planned to be constructed by the applicant on the abutting property to the south. A site plan has been submitted that demonstrates how the overall site is proposed to develop (see Exhibit A.2). Because the subject property owner also owns the two (2) parcels to the south, staff recommends after this property is annexed into the City, a property boundary adjustment (PBA) application is processed to consolidate all of the parcels into one parcel. Final approval of the PBA should be obtained prior to issuance of the first Certificate of Occupancy. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Staff has included recommended provisions for the DA that include requirements for “off-site” (i.e. outside of the annexation area but within the overall site owned by the applicant) improvements. B. Conditional Use Permit (CUP): A CUP is requested for a drive-through establishment within 300 feet of an existing residence as required by UDC 11-4-3-11A. Extended business hours of operation within the C-G zoning district are also requested of 24 hours a day/7 days a week. The UDC (11-2B-3A.4) limits business hours of operation in the C-G district from 6:00 am to 11:00 pm when the property abuts a residential use or district, unless extended hours are approved through a CUP. The applicant has submitted a site plan that proposes a drive-through along the north side of the retail store depicted at the north end of the property within 300 feet of an existing residence to the north (see Exhibit A.2). Specific Use Standards: There are specific use standards listed in the UDC that apply to development of this site as follows: (Staff’s comments in italics) UDC 11-4-3-11, Drive-Through Establishment: All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the conditional use permit. Speakers are prohibited in the O-T zoning district. The stacking lane, menu and order board are depicted on the site plan – the location of the window is not clear (there appears to be two windows); all of the aforementioned items should be depicted on the site plan submitted with the Certificate of Zoning Compliance application. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards: EXHIBIT A Fast Eddy’s – AZ, CUP H-2018-0006 PAGE 7 Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right of way by patrons. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The proposed drive-through design complies with the above-requirements. UDC 11-4-3-20: Fuel Sales Facility: A. General standards: 1. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty five percent (25%) of the subject property. 2. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). 3. Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. 4. If the use is unattended, the standards in accord with section 11-3A-16 of this title shall also apply. B. Additional standards for fuel sales facility, truck stop: 1. The use shall be located on a principal arterial or near an interstate interchange. 2. The use shall be located a minimum of six hundred feet (600') from any residential district and a minimum of one thousand feet (1,000') from any hospital. Access: Access for this site is proposed via an existing driveway from Eagle Rd./SH-55 on the adjacent property to the south (under the same ownership), as depicted on the site plan in Exhibit A.2. A variance was approved in 2005 for this access (VAR-05-021, Kohl’s Department Store/CentrePoint Marketplace). Another access via N. Eagle Rd./SH-55 exists off-site adjacent to the south boundary of the overall site (also approved with VAR-05-021). A north/south access driveway is proposed along the west boundary of the overall site to this driveway. In accord with the Comprehensive Plan as noted above in Section VII and the UDC (11-3A-3, Access to Streets), Staff recommends a driveway stub is provided to the property to the north for interconnectivity and to reduce access points to the state highway. This driveway will serve as a backage road to N. Eagle Rd./SH-55. Parking: Off-street parking is required for the proposed use in accord with the standards listed in UDC Table 11-3C-6B for non-residential uses in commercial districts (1 space for every 500 square feet of gross floor area). Based on the square footage of the proposed structure (16,399), a EXHIBIT A Fast Eddy’s – AZ, CUP H-2018-0006 PAGE 8 minimum of 33 spaces are required; a total of 55 spaces are proposed in accord with this requirement. 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 55 vehicle spaces provided, a minimum of 2 bicycle spaces are required; a rack is proposed that will hold a minimum of 3 bicycles in accord with this requirement. Landscaping: Landscaping is required to be provided on the site as set forth in UDC Table 11- 2B-3 per the standards listed in UDC 11-3B as noted below. Parking Lot: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. Staff recommends a minimum of one (1) tree is added within one of the planter islands proposed in front of the entry to the retail store in accord with UDC 11-3B-8C.2. Vegetative groundcover is required within all required landscape areas and shall have a minimum coverage of 70% at maturity, per UDC 11-3B-5N. Buffer to Residential Uses: A 25-foot wide landscape buffer is required on C-G zoned property to residential uses planted in accord with the standards listed in UDC 11-3B-9C. There is a residential property to the north of this site; therefore, a 25-foot wide buffer is required along the north property boundary; a 12-foot wide buffer is proposed. The buffer should be widened to 25 feet; or, a reduced buffer may be requested from City Council as set forth in UDC 11-3B-9C.2. The buffer is required to planted with a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative groundcover; the buffer area shall result in a barrier that allows trees to touch at maturity; additional trees should be added within the buffer to achieve this barrier. Street Buffer: A minimum 25-foot wide street buffer is required along N. Eagle Rd., an arterial street, as set forth in UDC Table 11-2B-3. A 40+ buffer is proposed. Landscaping is proposed in accord with UDC standards. Mitigation: There are existing trees on this site. The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site to schedule an inspection. A mitigation plan should be identified on the landscape plan submitted with the CZC application. Sidewalks/Pedestrian Walkways: Sidewalks/pathways are required to be constructed on the site as set forth in UDC 11-3A-17 and 11-3H-4C. In areas where outdoor seating is proposed around the retail store, the walkway area between the wall where the seating area is proposed and the parking area is only 5-feet wide. Without wheel stops within parking spaces in these areas, vehicles will overhang onto the sidewalk area reducing the width of the walkable area below that allowed. Wheel stops should be provided in affected spaces to prevent overhang; or, the sidewalk should be widened an additional 2 feet to allow for vehicle overhang so that a minimum 5 feet area remains clear for pedestrians, in accord with the standards listed in UDC 11-3C-5B.4. A 10-foot wide multi-use pathway with a public use easement and pedestrian lighting is required along N. Eagle Rd./SH-55 as set forth in UDC 11-3H-4C.3. The site plan depicts a pathway and pedestrian lighting within the street buffer as required. An “emergency and pedestrian access only” is depicted at the northeast corner of the development plan for the Brickard multi-family development at the west boundary of this site but no connection is proposed on this site (see red arrow “1” on site plan below). This access would allow for a direct pedestrian connection to the retail store from the multi-family development and EXHIBIT A Fast Eddy’s – AZ, CUP H-2018-0006 PAGE 9 provide an emergency access only for the residential development. A cross-access/ingress-egress easement should be provided. A pedestrian connection is proposed to the west to the multi-family development on the adjacent property to the south within this development to connect to the pathway planned to this site (see arrow “2” on site plan below). This walkway provides a connection to the pathway along Eagle Road along the north side of the vacuum area. A cross-access easement should be provided. A sidewalk is also planned to stub to the west boundary of this site along the south boundary adjacent to the east/west driveway via N. Eagle Rd./SH-55 (see arrow “3” on the site plan above); an extension of this sidewalk is not depicted on the site plan. Staff recommends as provisions of the development agreement associated with the annexation of the subject property the following on-site and off-site improvements: extend the sidewalk along the south boundary of this overall site from the west boundary to the pathway along Eagle Rd.; provide a pedestrian walkway from the sidewalk on the west side of the retail store to the north property boundary along the east side of the north/south driveway recommended by staff; and, provide a minimum 20-foot wide emergency access and pedestrian connection at the west boundary of the site on the north end of the property in alignment with the same proposed on the property to the west. 1 2 3 EXHIBIT A Fast Eddy’s – AZ, CUP H-2018-0006 PAGE 10 Staff further recommends a pedestrian circulation plan is submitted for this site that demonstrates compliance with the above recommended provisions prior to the Commission meeting. Building Elevations: Conceptual building elevations for the proposed retail store were submitted with this application (see Exhibit A.4); an elevation of the proposed fuel station canopy was not submitted. Building materials are proposed to consist of stucco with cultured stone wainscot. The architectural character of the structures is required to comply with the standards listed in UDC 11-3A-19 and the Architectural Standards Manual. Welcome to Meridian: A “Welcome to Meridian” monument sign is desired at the northeast corner of this site, the entryway into the City as depicted on the landscape plan within the street buffer along N. Eagle Rd./SH-55. The sign should be constructed in accord with the specifications required by the City of Meridian. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the conceptual building elevations, site plan and landscape plan submitted with this application and the standards listed in UDC 11-3A- 19 and the City of Meridian Architectural Standards Manual. In summary, Staff recommends approval of the proposed AZ application with the requirement of a Development Agreement containing the provisions listed in Exhibit B; and approval of the CUP application with the conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Plan (dated: 1/17/18) 3. Proposed Landscape Plan (dated: 12/27/17) 4. Conceptual Building Elevations (dated: 1/17/18) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning Map EXHIBIT A - 2 - Exhibit A.2: Proposed Site Plan (dated: 1/17/18) EXHIBIT A - 3 - Exhibit A.3: Proposed Landscape Plan (dated: 12/27/17) EXHIBIT A - 4 - Exhibit A.4: Conceptual Building Elevations (dated: 1/17/18) EXHIBIT A - 5 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DIVISION Staff recommends a pedestrian circulation plan is submitted for this site that includes the larger overall site (to the south) proposed to be developed by the applicant as shown in Exhibit A.2 prior to the Commission meeting that includes the recommended pedestrian connections in Section IX, Sidewalks/Pedestrian Walkways. 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Note: The Development Agreement shall be recorded prior to submittal of a Certificate of Zoning Compliance and Design Review application for the annexation area. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The existing structure shall be removed prior to issuance of building permits on this site is allowed to remain on the site for use as a construction office but shall be removed prior to issuance of the Certificate of Occupancy for the convenience store. b. Future development of this site shall substantially comply with the conceptual site plan, landscape plan and building elevations included in Exhibit A and the conditions contained herein. c. After the subject property is annexed into the City, a Property Boundary Adjustment application shall be submitted to consolidate the existing parcels and the lots to the south under the same ownership into one two parcels. Final approval is required prior to issuance of Certificate of Occupancy. d. The driveway along the west side of the retail store shall extend to the north property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A. e. A cross-access/ingress-egress easement shall be provided to the property to the north (Parcel #R4582530202, 13984 W. Jasmine Ln.) with development of this site in accord with UDC 11-3A-3A.2. A recorded copy of said easement shall be submitted to the City prior to issuance of the first Certificate of Occupancy on the site. f. A cross-access/ingress-egress easement (as applicable) shall be provided to the property to the west (Brickyard development) with development of this site for pedestrian and emergency access. A recorded copy of said easement shall be submitted to the City prior to issuance of the first Certificate of Occupancy on the site. g. A pedestrian walkway shall be provided off-site along the southern boundary of the overall project site adjacent to the east/west driveway connection via N. Eagle Rd./SH-55. The walkway shall provide a connection from the walkway planned on the adjacent property to the west to the pathway along N. Eagle Rd./SH 55. h. A “Welcome to Meridian” monument sign shall be constructed as proposed at the northeast corner of this site within the street buffer in accord with the specifications required by the City of Meridian. i. The developer shall provide additional right-of-way for the future widening of N. Eagle Rd./SH-55 and make any improvements necessary to N. Eagle Rd./SH-55, such as a EXHIBIT A - 6 - deceleration lane, as required by the Idaho Transportation Department. The required street buffer shall be located outside of the area needed for future right-of-way. j. A minimum 20-foot wide emergency access/pedestrian connection shall be provided at the west boundary of the site adjacent to the retail store in alignment with the access proposed on the site plan approved for Brickyard Subdivision. This access should have bollards (or another Fire Department approved means) to restrict public vehicular access. k. Provide a 10-foot wide multi-use pathway with a public use easement and pedestrian lighting along N. Eagle Rd./SH-55 as set forth in UDC 11-3H-4C.3. 1.1.2 The site plan submitted with the Certificate of Zoning Compliance application shall be revised from that included in Exhibit A.2, dated 1/17/18, as follows: a. Extend the north/south driveway along the west side of the retail store to the north property boundary for future extension and interconnectivity upon redevelopment of the property to the north to a non-residential use. b. Depict a pedestrian walkway from the north property boundary along the east side of the driveway stub required above to the sidewalk around the retail store for pedestrian access to the retail store. c. All pedestrian walkways through parking areas shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19. d. Either depict wheel stops within parking stalls that abut the sidewalk where outdoor seating is proposed; or, widen the sidewalk an additional 2 feet to allow for vehicle overhang so that a minimum 5-foot wide area remains clear for pedestrians, in accord with the standards listed in UDC 11-3C-5B.4. e. Depict a minimum 20-foot wide emergency access/pedestrian connection at the west boundary of the site adjacent to the retail store in alignment with the access proposed on the site plan approved for Brickyard Subdivision. This access should have bollards (or another Fire Department approved “gate”) to restrict public vehicular access. 1.1.3 The landscape plan submitted with the Certificate of Zoning Compliance application shall be revised from that included in Exhibit A.3, dated 12/27/17, as follows: a. Landscaping is required within planter islands at the ends (or within, as applicable) of rows of parking along with vegetative groundcover at a 70% coverage at maturity in accord with the standards listed in UDC 11-3B-8C. b. A minimum of one (1) tree is required within a planter island in the row of parking in front of the retail store in accord with UDC 11-3B-8C.2. c. Include mitigation information for existing 4-inch caliper or greater trees on the site that are proposed to be removed in accord with the standards listed in UDC 11-3B-10C.5. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. d. The landscape buffer along the north property boundary shall be widened to a minimum of 25 feet in accord with UDC Table 11-2B-3 for buffers to adjoining residential uses unless otherwise modified by City Council at a public hearing with notice to surrounding property owners as set forth in UDC 11-3B-9C.2. Additional trees (evergreen and/or deciduous) shall be added within the buffer to achieve a barrier that allows trees to touch at maturity in accord with the standards listed in UDC 11-3B-9C. 1.1.4 The developer shall comply with the specific use standards listed in UDC 11-4-3-11, Drive- EXHIBIT A - 7 - Through Establishments. 1.1.5 The developer shall comply with the specific use standards listed in UDC 11-4-3-20, Fuel Sales Facility. 1.1.6 Design of all future structures on the site is required to comply with the standards in the Architectural Standards Manual. 1.1.7 Submit a detail of the pedestrian lighting required along N. Eagle Rd./SH-55 that complies with the standards listed in UDC 11-3H-4C.3. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 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. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 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. EXHIBIT A - 8 - 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Domestic water mains intended to provide service to the subject site from the City of Meridian are currently being installed adjacent to the subject site in the Brickyard Development. However, the site of the convenience store and fuel islands currently falls within Suez Water’s service area, and Suez has expressed their position of retaining service to the area. 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 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.3 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be tiled per UDC 11- 3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. EXHIBIT A - 9 - 2.2.4 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.5 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.6 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. 2.2.7 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. 2.2.8 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.9 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.10 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or 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. 2.2.12 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. 2.2.13 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed public sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 A deceleration lane is needed on N. Eagle Road for safe access to the site. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Fire Department plugs. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of 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. EXHIBIT A - 10 - 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. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.3 & D103.6. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 4.6 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. 4.7 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.8 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. 4.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4.10 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. 4.11 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9 4.12 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.13 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. 4.14 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet EXHIBIT A - 11 - (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. 4.15 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 No comments have been received from Republic Services. 6. PARKS DEPARTMENT 6.1 No comments have been received from the Park’s Department. 7. IDAHO TRANSPORTATION DEPARTMENT (ITD) See next page EXHIBIT A - 12 - EXHIBIT A - 13 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary EXHIBIT A - 14 - EXHIBIT A - 15 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to C-G is consistent with the Mixed Use - Regional FLUM designation that they’ve deemed appropriate to “float” to this property. 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 the C-G zoning district is consistent with the purpose statement of the commercial districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B. 2. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the C-G zoning district and the specific use standards for the proposed drive-through establishment and fuel sales facility. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed drive-through establishment and fuel sales facility in the C-G zone meets the objectives and policies of the Comprehensive Plan. EXHIBIT A - 16 - c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the drive-through establishment and fuel sales facility use will be compatible with existing residential and commercial uses in the vicinity if the developer complies with the conditions of approval contained herein. Further, the City Council finds that the proposed project will be compatible with the existing and intended character of the area and will not adversely change the character thereof. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6P Project/File Number: H-2017-0170 Item Title: Oaks West Subdivision Development Agreement Oaks West Subdivision (H-2017-0170) with New Oaks, LLC and Hayden Homes Idaho, LLC located at the southeast corner of N. McDermott Rd. and W. McMillan Rd., in the NW 1/4 of Section 33, Township 4N., Range 1W Meetina Notes 9 APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-037033 BOISE IDAHO Pgs=60 VICTORIA BAILEY 04/25/2018 02:12 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES; 1; City of Meridian 2. New Oaks, LLC, Owner 3, Hayden Homes, Idaho, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this M day of P, QV-\ 2018, by and between. City of Meridian; a municipal corporation of the State of Idaho, hereafter called CITY Whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and .New Oaks, LLC, whose address is 5662 Calle Real #254, Goleta, CA 93117, hereinafter called OWNER and Hayden.Homes Idaho, LLC whose address is 1406 N. Main Street, Ste, 109, Meridian, ID 83642 hereinafter called DEVELOPER, RECITALS; 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho. Code § 67-651 1A 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 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 117513-3 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 23,48 acres of land, described in Exhibit "A", from the L-0 (Light Office) zoning district to the R-8 (Medium Density Residential)(5,57 acres) zoning district and from. R-15(Medium High Density Residential) zoning district to the R-$ (Medium Density Residential)(1 7.9 1) 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 DEVELOPMEN'r AGREEmmNI-- OAKS WEs'l' SUBDIVISION (H-2017-0170) PAGE- 1 OF 9 Meridian City Council Meeting Agenda April 24, 2018 — Page 429 of 717 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 2 4 , 2 0 1 8 – P a g e 4 3 0 o f 7 1 7 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 2 4 , 2 0 1 8 – P a g e 4 3 1 o f 7 1 7 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 2 4 , 2 0 1 8 – P a g e 4 3 2 o f 7 1 7 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 2 4 , 2 0 1 8 – P a g e 4 3 3 o f 7 1 7 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 2 4 , 2 0 1 8 – P a g e 4 3 4 o f 7 1 7 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: New As, LLC „ Hayden Homes Idaho, LLC 1JC6 paac- qB teal "U, i�'avwycw�c�•a t -L) By: rludlG Gam4;,11� \�unAc�e✓ CITY OF MERIDIAN ATTEST: DEVELOPMENT AGREEMENT— OAKS WEST SUBDIVISION (H-2017-0170) PAGE 7 OF 9 E pages S'9r�UreS 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: New Oaks, LLC 0-3 CITY OF MERIDIAN DEVELOPER: Hayden Homes Idal LC — 9'—: By: No, 5 KM ATTEST: DEVELOPMENT AGREEMENT— OAKS WEs'r SUBDIVISION (H-2017-0170) Meridian City Council Meeting Agenda April 24, 2018 — Page 435 of 717 PAGE 7 or 9 STATE OF ss: County of AUGUST 0 01 0 cm .3I�lo"Vko U yF S� Col )�� c�NTERo(t eT4a. ty Clerk On this day of , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of New Oaks, LLC, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ORzIwo a STATE OF 4t}ai7O ) • ss: County offs) A4-0 ched Cet4i&ce Notary Public for Residing at: My Commission Expires: On this day of APRIL. 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared JIM 5AiJSBtJA4 , known or identified to me to be the VP r- IMA?4e_e of Hayden Homes Idaho, LLC, and acknowledged to me that lie executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) OFFICIAL STAMP KRISTI LYNN DEXTER NOTARY PUBLIC -OREGON COMMISSION NO. 952242 MY COMMISSION EXPIRES JULY 19, 2020 STATE OF IDAHO ss County of Ada o ar lic for - o 02E*1oA Residing at: R.EDMo40r o9L My Commission Expires: ZO On this 2— _ day of APY1 2018, before me, a Notary Public, personally appeared Oe &x4onand C.Jay Coles, know or identified to me to be the -M yar-and Clerk, respectively, of the City of COl.l.t-Vj Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and Pre!!E16e A-• acknowledged to me that such City executed the same. •..ibi.W,TNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this •�f f{�c tk a •e written. OTAW-a! L R� •yam• U • [\JO40 tj PU bhl - r a-Nl v iDEVELOPMENT AGf EEJENT— OAKS WEST SUBDIVISION (H-2017-0170) PAGE 8 01- 9 lJf dA "" al - Notary Public for Idaho T� Residing Commission expires anyo �'�U 2,25 DEVELOPMENT AGREEMENT— OAKS WEST SUBDIVISION (H-2017-0170) PAGE 9 OF 9 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Barbara On 13 POAbefore me, Martha C Chavez , Notary Public, (Here insert name and title of the officer) personally appeared I I I i I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARTHA C. CHAVEZ NotaryPublic- California WITNESS my hand and official seal. z � s`ar Santa Barbara County >_ :J Commission # 2188200 ^ ,, l �. - My Comm. Expires Apr 20, 2021 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or destription or attached do ument) (Title or description of attached document continued) Number of Pages _�__ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER [❑ dividual (s) Corporate Officer Ma�►ag2�e (Title) �— ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California nest contain verbiage evacdy as appears above in the notary section or a separate ackno4vledgmentform nnrst be properly completed and attached to that document. Tire only exception is if a document is to be recorded outside of California, In such instances, any alternative acknowledgment verbiage as pray be printed on such a document so long as ,the verbiage does not require the notary to do something that is illegal for a noteny in California (i.e. certifying the authorized capacity of fire signer). Please check the document carefully for proper notarial wording and attach this forms ifrequired • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature or the notary public must match the signature out file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C2004-2015 ProTIA Signing Service, inc. —All Rights Reserved rnv<v.TheProtdnk,com — Nanomvide Notary Service EXHIBIT A Oaks West Subdivision H-2017-0170 Meridian City Council Meeting Agenda April 24, 2018 – Page 444 of 717 EXHIBIT A Oaks West Subdivision H-2017-0170 Meridian City Council Meeting Agenda April 24, 2018 – Page 445 of 717 EXHIBIT A Oaks West Subdivision H-2017-0170 Meridian City Council Meeting Agenda April 24, 2018 – Page 446 of 717 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 - EXHIBIT B Meridian City Council Meeting Agenda April 24, 2018 – Page 447 of 717 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- Meridian City Council Meeting Agenda April 24, 2018 – Page 448 of 717 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 - Meridian City Council Meeting Agenda April 24, 2018 – Page 449 of 717 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/ ACOUNCILMEMBERTREGBERNTVOTED 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 - Meridian City Council Meeting Agenda April 24, 2018 – Page 450 of 717 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 ifit 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 451 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 452 of 717 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 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 453 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 454 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 455 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 456 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 457 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 458 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 459 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 460 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 461 of 717 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 ifit 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 462 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 463 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 464 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 465 of 717 EXHIBIT A 2 - Exhibit A.2: Existing and Proposed Future Land Use Map Meridian City Council Meeting Agenda April 3, 2018 – Page 87 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 466 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 467 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 468 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 469 of 717 EXHIBIT A 6 - Meridian City Council Meeting Agenda April 3, 2018 – Page 91 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 470 of 717 EXHIBIT A 7 - Meridian City Council Meeting Agenda April 3, 2018 – Page 92 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 471 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 472 of 717 EXHIBIT A 9 - Exhibit A.7: Conceptual Building Elevation Photos Meridian City Council Meeting Agenda April 3, 2018 – Page 94 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 473 of 717 EXHIBIT A 10 - Meridian City Council Meeting Agenda April 3, 2018 – Page 95 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 474 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 475 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 476 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 477 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 478 of 717 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 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. Meridian City Council Meeting Agenda April 3, 2018 – Page 100 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 479 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 480 of 717 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 constructionmaterial 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 481 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 482 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 483 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 484 of 717 EXHIBIT A 21 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda April 3, 2018 – Page 106 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 485 of 717 EXHIBIT A 22 - Meridian City Council Meeting Agenda April 3, 2018 – Page 107 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 486 of 717 EXHIBIT A 23 - Meridian City Council Meeting Agenda April 3, 2018 – Page 108 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 487 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 488 of 717 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 396Meridian City Council Meeting Agenda April 24, 2018 – Page 489 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6Q Project/File Number: H-2017-0170 Item Title: Oaks West Subdivision Resolution No. 18-2072: Oaks West Subdivision H-2017-0170: A resolution to amend the future land use map of the 2002 comprehensive plan for 7.25 acres known as Oaks West Subdivision generaliy located at the southeast corner of N. McDermott Road and W. McMillan Rd., in the NW % of section 33, Township 4 North, Range 1 West, Meridian, Idaho Meetina Notes rte✓ APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-037261 BOISE IDAHO Pgs=3 VICTORIA BAILEY 04/26/2018 09:51 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 7.25 ACRES KNOWN AS OAKS WEST SUBDIVISION GENERALLY LOCATED AT THE SOUTHEAST CORNER OF N. McDERMOTT ROAD AND W. McMILLIAN ROAD, IN THE NW 1/40F SECTION 33, TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 7.25 acres of land from L -O (Limited Office) to MDR (Medium Density Residential). Said land is known as Oaks West Subdivision and is generally located at the southeast corner of N. McDermott Rd. and W. McMillan Rd., in the NW 1/4 of Section 33, Township 4 North, Range 1 West, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of. Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP— OAKS WEST - H-2017-0170 Page 1 of 2 incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this �� day of f i( , 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2018. ATTEST: By: /7 C. av Coles Clerk APPROVED: �,�Ep AUGVST O � U f 01N, U 'Vlj0A140> W s SEAL COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP —OAKS WEST - H-2017-0170 Page 2 of 2 %r_s 18 en �- Oaks West CPAM 2017-0170 Exhibit A: Existing and Proposed Future Land Use Map Meridian City Council Meeting Agenda April 24, 2018 – Page 494 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6R Project/File Number: Item Title: Resolution No. 18-2073: A Resolution Declaring The Intent Of The City Of Meridian To Convey To The Ada County Highway District For Right Of Way Purposes A Portion Of Certain Real Property Located Near The Corner Of Meridian Road And Woodbury Drive; Instructing The City Clerk To Establish And Notice A Hearing To Review The Proposed Conveyance; And Providing An Effective Date. Meetina Notes c✓i APPROVED CITY OF MERIDIAN RESOLUTION NO. 19 - 2 0 � 3 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVEY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT OF WAY PURPOSES A PORTION OF CERTAIN REAL PROPERTY LOCATED NEAR THE CORNER OF MERIDIAN ROAD AND WOODBURY DRIVE; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, the declaration may be in the form of an explanation of an intended exchange or conveyance for other than monetary consideration; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit, with or without consideration; and, WHEREAS, pursuant to an Intergovernmental Agreement for waiver of certain costs and fees, Meridian has agreed to transfer unimproved rights-of-way without charge to ACHD; and, WHEREAS, the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer certain real property from the City to the District for right-of-way purposes; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District certain real property located North and South of Woodbury Drive adjacent to Meridian Road as depicted in the attached Exhibit A. RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY - PAGE 1 OF 5 Section 2. That the City of Meridian hereby declares its intention to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. Section 3. That the City Clerk is hereby instructed to publish a summary for this declaration of intent, and establish a public hearing date to review the proposal to convey the real property in the form set forth in Exhibit B. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code Section 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2018. ADOPTED by the City Council of the City of Meridian, Idaho, this 24th day of April, APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of April, 2018. APPROVED: count Pr ► e�sic _n�- ATTEST: p�QO�P�ED AUGUST' C0 V BY� � = c��� �r C.Jay Cole , ity Clerk IDI ,DAH, LU y.K SEAL the RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY - PAGE 2 of 5 18_a673 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 3 OF 5 Meridian City Council Meeting Agenda April 24, 2018 – Page 498 of 717 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 4 OF 5 Meridian City Council Meeting Agenda April 24, 2018 – Page 499 of 717 EXHIBIT B SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 24'" day of April, 2018, the City Council of the City of Meridian approved Resolution No. 18 4-D13 declaring the intent of the City to convey to the Ada County Highway District certain real property located North and South of Woodbury Drive adjacent to Meridian Road, a portion of Lot 1, Block 1, and a portion of Lot 1, Block 13 of the Fothergill Pointe Subdivision No.I in the City of Meridian, Ada County, Idaho. The City of Meridian intends to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. NOTICE IS HEREBY GIVEN: Pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, May 22, 2018 for the purpose of considering and approving the proposed real property conveyance. For further information, please contact the City Clerks Office at 888-4433. Publish: 4th day of May, 2018 C.JAY COLES, CITY CLERK RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY - PAGE 5 of 5 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6S Project/File Number: Item Title: Acceptance Agreements for Display of Artwork in Initial Point Gallery Lynn Fraley - May 2018 Meetina Notes 9 APPROVED ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITE' HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK ININITIA POINT GAL ERY, MERIDIAN CITY HALL ("Agreement") is made on the V day of , 201% ("Effective Date"), by and between the City of Meridian, a mu<cipal corporrualorganizedunderthelawsoftheStateofIdaho ("City"), and Lynn Fraley, an mdiverson Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, April 27, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, April 27, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, April 27, 2018 through Thursday, May 31, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, June 1, 2018, at such time as is specified by the Gallery Curator. H. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point ACCEPTANCE AGREEMENT -1NrrIAL POINT GALLERY DISPLAY PAGE 1 Meridian City Council Meeting Agenda April 24, 2018 – Page 502 of 717 Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between March 02, 2018 and April 02, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the Cioncludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DLSPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, ACCEPTANCE AGREEMENT - INriiAL POINT GALLERY DISPLAY PAGE 2 Meridian City Council Meeting Agenda April 24, 2018 – Page 503 of 717 provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNMCATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 3 Meridian City Council Meeting Agenda April 24, 2018 – Page 504 of 717 C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an ACCEPTANCE AGREEMENT - INrnAL POINT GALLERY DISPLAY PAGE 4 Meridian City Council Meeting Agenda April 24, 2018 – Page 505 of 717 employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement: Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist- Lynn rtist Lynn Fraley 2005 S. Columbus Street Boise ID 83705 City: Hillary Bodnar Initial Point Gallery Curator 33 E. Broadway Ave. Meridian ID 83642 ACCEPTANCE AGREEMENT - INrIIAL POINT GALLERY DISPLAY PAGE 5 Meridian City Council Meeting Agenda April 24, 2018 – Page 506 of 717 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WIIEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Lynn Fr CITY OF BY: 3 -Oe 2)or+-)n, Count oE�P T, test: _ O�Q IQ00C 2 01V UI `E Q1 W S- SEAL of the TREP�J ACCEPTANCE AGREEMENT— INITIAL POINT GALLERY DISPLAY Coles, rily Clerk PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda April 24, 2018 – Page 508 of 717 Call for Artists : 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda April 24, 2018 – Page 509 of 717 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda April 24, 2018 – Page 510 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 511 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 512 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 513 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6T Project/File Number: Item Title: Award of Change Order No. 6 to JC CONSTRUCTORS, INC. for the "WRRF Liquid Stream Capacity Expansion" protect for a Not -To -Exceed amount of $63,311.11. Meetina Notes �✓ APPROnc� Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Clint Dolsby Date: 4/13/2018 Re: April 24 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 24 th City Council Consent Agenda for Council’s consideration. Award of Change Order No. 6 to JC CONSTRUCTORS, INC. for the “WRRF Liquid Stream Capacity Expansion” project for a Not-To-Exceed amount of $63,311.11. Recommended Council Action: Approval of Change Order No. 6 to JC Constructors, Inc. for the Not-To-Exceed amount of $63,311.11 and authorize the Purchasing Manager to sign. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda April 24, 2018 – Page 515 of 717 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 2 4 , 2 0 1 8 – P a g e 5 1 6 o f 7 1 7 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 2 4 , 2 0 1 8 – P a g e 5 1 7 o f 7 1 7 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 2 4 , 2 0 1 8 – P a g e 5 1 8 o f 7 1 7 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: A+ Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final 63,311.11 Clint Dolsby If yes, has policy been purchased? Jim Cox/JC Constructors III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3590 96151 10601.D TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) Contractor requested changes 12/23/2018 Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Warren Stewart April 13, 2018 I. PROJECT INFORMATION Yes 6 18 2/8/2018 Public Works Dept WRRF Liquid Stream Capacity Expansion - CHANGE ORDER NO. 6 V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION n/a N/A N/Aq N/A N/A Goodstanding 14336-u-1,2,3 6/30/2018 Meridian City Council Meeting Agenda April 24, 2018 – Page 519 of 717 c{,ttq9- CITY OF MER]DIAN 33 EAST BROADWAY MERIDIAN, ID 83642 CHANGE ORDER CHANGE ORDER NO.6 PROJECT NO,10601.D CHANGE ORDER DATE:4t412018 EFFECTIVE OATE 4t4t2018 CONTRACTOR:JC Constuctors lnc. PROJECT:WRRF Liquld Stream Capacity Expansion Ths Contractor lE hereby dir€ctod to mrke thg rollowlng changer from tho Contlsct Oocumontr snd plans, Descrlptlon of addltlonal work: (attactt additionat pag63 if needed) Please see atlached sheet. WHO REQUESTED THE CHANGE D City E Contracto. IS THE CHANGE NECESSARY Check all lhat epply P Unforeseen / Hidden Conditions EI Scope Change D Other - do.c,bo botortEl Eror with the Plans and/or Specifications Erplanatlon: This change order indudes Change Proposal Requ€sts (CPR) 14, 43E, 45 and 58. Please see aflached she6t. Note that the work associatd with c PR 56 was related to an error I n the plan The City i S payi ng for th ts chang stnce th e work lated lo lhis ch ange have been paid by the City rt it was ncl U ded tn the ori gr nal d6sigo and It results tn no rework or reinstallation of lhi rk REASON FOR CHAN GE ORDER VS. BIDDING ADDITIONAL WORK Check .1, th.l epdy B The work is in the area of the original contract and a conflict wih th€ on-sile contractor is probable and would make coordination of work difficult and biddlng unreasonable. E Time is of the essence and bidding would require tho contractor to stop work and the city would tace costly standby fees thererore maklng bidding disadvantageous ! Emergency Work to corect unsafe conditions. D Olhet - descnbe betow Explanatlon: letrectr.d .ddmonrl p.g.. tf n..d..t) Page 1 of2 Meridian City Council Meeting Agenda April 24, 2018 – Page 520 of 717 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $35,565,000.00 Original Contract Times: 896 days Net changes from previous Change Orders Net changes form previous Change Orders (calendar days) No. 1 to No. 5 No. 1 to No. 5 Note chanpo order oumbors here $71,775.54 N.I. chan6o occar r. nbors harp 56 days n er d6t sr amours nga re Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calondardays) $63,311.11 0 days Ewer dol erarnoun Nis wmpoa er Total Change (Increase / decrease) to dale: Total Days (Increase /decrease) to date: (calendar days) $135,086.65 56 days New Contract Price with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendar days) $35,700,086.65 952 days APPROVED. (City Purchasing Manager) ACCEPTED: (Cont /rna,ctoorr By: Keith Watts By: Date: Date: �d / RECOMMENDED: (City Project Manager) DATE APPROVED BY COUNCIL (If required) C,�, By: � NO SIGNATURE REQUIRED ' r % / 1 Date: "410142"o W��/ DATE YSIS OR see attached sheet. Purchasing Use Only Budget Available (Attach Report) Budget Information: Budget FY Amendment: Date Submitted to Clerk for Agenda: Approval Date: Purchase Order No. Date Issued: Page 2 of 2 Change Proposal Requests (CpR) and Field Orders CPR #14 Lrpg.ade to Exisfing Non.potable Water Lines Description Summary: I:ll1T^r::tl.l:-:f :xrsting 4_in^ch n-on-porabte war6r pipe with 6 inch or 8 inch pipe per chansesnrgnlgnreo on pran sheets Gl00-0021 and c-'r00-0022. The torar rength of upsized waterrine isapproximately 2,950 feet of buried pipe and 210 feot ofoxposed pipe. Reason for changg: Analysis on the non-potable water system improvements to the Boise River Outfalt pump station wascompleted atter the bid-phase of this project. Cost Negotiation Process: J.cc submitted cPR 14 lo the city pM, city inspector, and B&c for lheir review and comment. Backupdocumentation wag provided to the reviewers. ihe proposed cost w"" fornO to l" "ppropriate for thescope ofwork. The CpR cost was approved. FinalCost= $31,128.22Dayso 0 CPR #43E SC7 Subgrade Delay Description Summary: ,.P3I: JCC put crews on hold and redirected equipment.and crews to olher work on thg projectwhile the boilingsand issue on Secondary ClarjfierT was resolved.. Reason ,or changg: *:,1,:"^:r.:ll-::"]yins th€ boitins,sand issues on SecoDdary ctarifier 7 prohibited JCc from movinsrorwaro on metr work scheduled in this area. As a result, JCC ,edirected crews and equipment to adiff€rent area of the pro.iect and tost production tirne Ior both the ;qripr"niil "re*". Cost N€gotiation Process: JCC sLrbmitt€d CPR 43E to the City pM, City inspecto( and B&C for their revigw and comment. Backupdocumenlation was provided lo the reviewers. The proposed cost was founJio Oe appropriate Or tfrescope ofwork. The CpR cDst was approved. FinalCostE $12,726.31 0 CPR #.15 - Chemical tsuilding Vapor Barrier Description Summary: Replaced the chemical building Tyvek Styler vapor barrier Mth a fluid applied system. Reason for change: Jcc's masonry subcontractor srarted instaflation of []e rnterior brock venoerwafl without the vaporbariershor,vn.on the drawings. To avoid signification rewo*, BC and the arcf,iteci piorioeO opfions on how toinstall the vapor barrier based on work completed. The mason sel"a"a " ti ilOlppfrcO "ystem whichdiffercd from the specified Tyvek style wrap vapor banier. gaseO on the work ;;pteted the City got anequally comparable vapor barrier systBm at no additional prolsct cost increase. Cost Negotiation Proc€ss: j::,:*]llf::T 15 to.the city pM,.city inspecror, and B&c for their reviewand comment. Backupoocumenlatron was provided lo the reviewers. Ths proposed cost was found to b€ appropriate forthescope of work. The CpR cost was approved. FinalCost=$0.00 0 Meridian City Council Meeting Agenda April 24, 2018 – Page 522 of 717 CPR #56 Secondary Clarifier 5 Subgrade Repair Description Summary: JCC dewatered and over excavated the Secondary Clarifier 6 to elevation 2520.77 per MTI's direction in the field and in wdting. The contractor will place structural backfill consisting of 1 foot ot 3/4" chips wrapped in geogrid and geotextile fabric aM pit run in ovor excavated areas totaling '150 cubic yards to achieve subgrade. Reason for change: Section 205, 3.2, C of ISPWC requires the cont.actor to d€water sorls to 1 foot below subgrade or elevation 2520.77 at Secondary Cla.ifier 6. JCC fultilled this requirement by dewatering to elevation 25'17, however, boiling sands prevented the subgrade material from stabilizing. Cost Negotiation Process: JCC submitted CPR 56 to the City PM, City inspoctor, and B&C fortheir review and comment. Backup dociJmentation was provided to the revielvers. The proposed cost was found to be appropriate for the scope of work. The CPR cost was approved. FinalCost= $'13,446.38Days= 0 CPR #57 RAS Transfer Station CMU Height Description Summary: lncrease the height of the RAS Transfer Station lo /er roof access polnt CMU wall by 14 lnches to correct a conllict in the plans. Reason for changel There was a conflict between the architectural and structural detailing on the RAS Transfer Stataon roof elevations- The rebar was fabricated per the struclural details and the mason had planned the CMU work off of the architectural details. The elevation difference between the two was off by 14-lnches. The most cost effective solution yvas to make up the elevation difference wilh additional CMU prior to placoment of the Ciru resultjng in no rework or reinstallation ofthis CMU. Cost Negotiation Process: JCC submitted CPR 57 to the City PM, City inspector, and B&C for their review and comment. Backup documentation was provided to the reviewe.s. The proposed cost was found to be appropriate for the scope ofwork. The CPR cost was approved. Flnal Cost= $6,010.20Days= 0 Meridian City Council Meeting Agenda April 24, 2018 – Page 523 of 717 3.PROJECT NO 201 Change Proposal# 14Meridian WRRF Liquid Stream Capacity Expansion l,PROJECT JC CONSTRUCTORS 2,CONIRACTOR 5,CONTRACT NO: '17-0146 6,PROPOSAL DATE s-Feb-18 DESCRIPTION OF CHANGE DESCRIPTION OF ADDITIONAL WORK: 1. Change the size of select 4" NPW lines to 6" or 8" as shown on the C-1OO-0020 and C-1OO-0021. fhe total length of upsized waterline is approximately 2,950 lineal feet of buried pipe and 210' of exposed pipe 2. Work excluded from this CPR includes the 8' NPW immediately south of the existing aeration basins shown on C-1O0-0022t the 8" NPW in this location requires additional detail prior to pricing materials and labor. 3. Fittings will be provided with PVC EBAA 2000 PVC joint restraint or approved equal; concrete thrust blocks will not be used. 4. Pipe joint restraint will not be provided. EXPLANATION: WCD 002 directs this change. UNITS OF WORK: Complete work on a lump sum basis COST SUMMARY A FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct laborw/ labor lringes (Attach supporling detailestimates with man-hours and rat6s) 3. lnsurance and Labor Taxes 4. OH&P on Ollecl Labor + lnsurance and Labor Taxes @ 15% 5. Materials. Oelailod quantities attach€d. 6. OH&P on Materials @ 15% 7. Equipment. Detailed quantilies altached. 6. OH&P on Equipment @ 15olo JC Constructors Prof,osal Cosl $ $ $ $ $ $ $ $ 2,768.47 30,971.50 663.27 2,062.50 514.76 13,750.00 9,750.00 1,462.50 B. For work lo be performed by subcontractors, p€r propo3al! and detailed broakdowns (s€€ attachod broakdown) Ar SUBCoNTRACTOR AMOUNT (tNCLUOtNc SU6 OHap)$ NTRACTORS COMMISSION ON TOTAL SUBCONTRACTORAMOIJNT $ CoNTRACTORS BOND COST @ ls 06/1000 '156.72$ c. ToTAL TNCREASE OR DECREASE OF CONTRACT pRtCE - (AS+85) 31 ,',t28.22$ JC CONSTRUCTORS, INC Feb 5,2018 CONfRAC|OR NAME Mett A" Neukom PRINED NAME ON PROPOSAL CHANGE PROPOSAL REQUEST Page 'l Meridian City Council Meeting Agenda April 24, 2018 – Page 524 of 717 JC CONSTRUCTORS, INC. Change Proposal Request # Date: 5-Feb-'18 Scope of change: See page 1 14 LABOR Foreman Carpenter Operator: Crane/ Excavalor Operator: Dump Truck Fabricator/ Pipelayer Laborer: Common Superintendent Project Enqineer Project Manager 5.00 0.00 25.00 0.00 25.00 0.00 2.00 5.00 2.00 Labor Rate w/Fringe Labor Rate w/Fringe Labor Rate MFringe Labor Rate w/Fringe Labor Rate MFringe Labor Rate w/Fringe Labor Rate w/Fringe Labor Rate dFringe Labor Rate w/Fringe 216.36 0.00 999.63 0.00 917 .48 0.00 140.00 325.00 '170.00 $ 43.27 $ 3s.60 $ 39.99 $ 34.51 $ 36.70 $ 29.03 $ 70.00 $ 65.00 $ 85.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 2,768.47 MATERIAL TOTAL MATERIAL COSTS FOR CHANGE ORDER 9,750.00 EQUIPMENT Equipment Description: 290 JD/320 Cat Exc Equipment Description: 305 Cat Exc Equipment Description: 950 Cat Loader Equipment Description: haul/dump truck Equipment Description: roller Equipment Description: dozer Equipment Oescription: water truck Est Usage Est Usage Est Usage Est Usage Est Usage Est Usage Est Usage 25 Hourly Rate: 0 Hourly Rate: 25 Hourly Rate: 25 Hourly Rate: 0 Hourly Rate: 0 Hourly Rate: 0 Hourly Rate: Rate: 6875.00 0.00 4625.00 2250.00 0.00 0.00 0.00 0.00Etion:UI ment Descri Est Us e QUIPMENT CO TS FOR CHANGE 13,750.00TOTALRDER Material are listed below or detailed material sheets are attached - Description Unit Upsize 4" NPW Materials to 6" & 8" LS Oth6r direct material not specifically included in detailed take-off - Consumables, etc QTY 1 Unit Price $9,750 Total $9,750.00 $0.00 $0.00 0.00Ffrom vendor to site if not included in above material costs Page 2 Hou rs Hours Hours Hours Hours Hours Hours Hou rs Hours 275 90 185 90 55 145 Meridian City Council Meeting Agenda April 24, 2018 – Page 525 of 717 JC CONSTRUCTORS, INC. Change Proposal Request # Date: Scope of change: See page 1 14 5-Feb-18 Break Out Labor Costs (lump sum) Lump Sum Subtotal = Regular TimeDescriptionQuantityUnit $/Unit Cost 1 Upsize 2,950 lf of bu ried and 210'of exposed 4" NPW to 6" or 8" NPW Foreman HR 43.27 216.36 rcperator - Excavator 25 HR 39.99 999.63 Pipelayer 25 HR 36.70 917.48 P roject Engineer HR 65.00 325.00 perintendentSu 2 HR 70.00 140.00 Project l\4anager 2 HR 85.00 170.00 2,768.47 Page 3 Meridian City Council Meeting Agenda April 24, 2018 – Page 526 of 717 LABOR RATES Foreman Operator: Cranel Excavator Operator: Dump Truck Fabricator/ Pipelayer Laborer: Common Wage Rate Fringe Health lnsurance Retirement Paid Time Off Holiday Total Base + Fringe $ 30.00 $ 6.41 $ 0.90 $ 1.1s $ 0.81 $ 39.27 $ 23.00 $ 6.41 $ 0.69 $ 0.88 $ 0.62 $ 31 .60 $ 27.00 $ 6.41 $ 0.81 $ 1.04 $ 0.73-S- 3n9e $ 22.OO $ 6.41 $ 0.66 $ 0.85 $ 0.59 $ 30.51 $ 24.00 $ 6.41 $ 0.72 $ 0.92 $ 0.65 $ 32.70 $ 17.00 $ 6.41 $ 0.51 $ 0.65 $ 0.46 $25 03 vel Costs (one-way) Safety Small Tools Training $ $ $ $ 1 50 25 1 1 $4 00 $ $ $ $ 1.50 1.25 $ 4.00 $ $ $ $ 1.25 1.50 -5 4oo $ $ $ $ I .Zt 1 .50 1 .25 $4 00 $ $ $ $ 1.25 1.50 $ 4.00 $ $ $ $ 1.25 1.50 1 .25 $4 00 Grand TotalWages & Labor Burden Overtime Rate (with fringe) $ 43.27 $ 62.23 $ 35.60 $ 50.29 $ 39.99 $ 57.11 $ 34.51 $ 48.58 $ 36.70 $ 51.99 $ 29.03 $ 40.0s FICA,/Medicare (sub.iect to OT) Worker's Comp lns (subject to OT) SUUFUI Liability lnsurance Total lnsurance Burden $ 3.00 $ 4.91 $ 0.71 $ 1.57 $ 10.19 $ $ $ $ 2.42 3.95 0.57 '1.26 $ 8.20 $ 2.7s $ 4.50 $ 0.65 $ 1.44-S- s34 $ $ $ $ 2.33 3.81 0.55 1.22 $ 7.92 $ $ $ $ 2.50 4.09 0.59 1.3't $ 1.91 $ 3.13 $ 0.45 $ 1.00-$- 6'+e Page 4 Carpenter $ 8.48 Meridian City Council Meeting Agenda April 24, 2018 – Page 527 of 717 0126 OO-8. WORK CHANGE DIRECTIVE FORM ork Change Directive No. 002 Date of fssuance: 4/5/2077 (updal"od A/ 7A/2OI7\Effective Date 2/22/2077 ner: City of Meridian ontractor: JCConstructors Engineer: Brown and Caldwell Project: WRRF Liquid Stream Capacity Expansion Contractor is directed to proceed prompfly with the following change(s): Description: Substitution request to modify the 66-inch secondary effluent pipe material from reinforced concrete pipe (as bid) with Durol\4axx Reinforced Polyethylene Pipe. [rlinor alignment revisions as shown on the attached drawings. Upsize non-potable water pipeline diameter from 4-inch to 6-inch as shown in locations on the attached drawings. Analysis of the non-potable water system for improvements to the Boise River Outfall pump station under a separate project completed after the bld-phase recommended this size increase. Update: Replace sections of existing 4-inch non-potable water pipe with 6-inch or 8-inch pipe as directed on the attached drawings. Upsize a section of 6-inch non-potable water pipe to 8,inch as shown on the drawings (south of RAS/WAS Station 2). Pipes impacted by this update are highlighted in yellow on the drawings. Attachments: c-ooo-ooo3 / c-10o-oo2o / c]roo-oo21, / c-!oo-oo22 / update: c-1oo-oo2 r_v2 and c-7oo oo22 v2 Purpose for Work Change Directive: Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract price and Contract Time, is issued due to: Icheck one ot both of the foltowin'l ! Non-agreement on pricing of proposed change. El Necessity to proceed for schedule or other project reasons. Estimated Change in Contract Price and Contract Times (non-binding, preliminary): Contract Price $ To be submitted by JC Constructors {rf,€+easel [decrease]. Contract Time Days - N/A tif,€{€asel td€€rcase]. Basis of estimated change in Contract price: tr Lump Sum fl Cosr of the Work RECOMMENDED By: David Bergdolt AUTHORIZED BY: Emily Skoro Constructlon Manager R ECEIVED: Matt Neu kom I Unit Price E Other By:By Title: Date: Title: Date Title: Date Project Manager POect Manager Meridian City Council Meeting Agenda April 24, 2018 – Page 528 of 717 {EE] 0t e &i 2 E)/q. a) EP}E g > n a(, ur ;x t aEi]Ep-Sio :'a Pdi,ii291d () E- i 5 3 e I : 3 t ! p 3 I : E z E ; 3 ! !8 8 I a , E E s i :l I EI E i , 3 b a i ;E 3 E a E E B J !3 : 8 d3oa 6 fl E E T I a 8 8 3 I 3Ij :3 a ! I !t ,,I I s x 8 : s * P tr 6 6 6 Z ! 3 I 3 a :3 !a 3I i r E E q I I t E * I t ,t I t 6 z a_ 9 ; 9 5 E E J !2 i d f zo Z ,i I E 5 -'- i E 8l! -+tt -1 c P * 6 , i: t I Meridian City Council Meeting Agenda April 24, 2018 – Page 529 of 717 _!EE] I ! d h v 1) E 6=. E EP.IEs>; aU)r!E;9EEai LiH g : 3 st !i o o 6 I 6 ! Ee It v9 9*. 3i: IEi EiE E!;t i:; iiitlh ?aiE 5t ei :E ;3.6 r4 3a :i:* E;6 e .: E:r;: i ar9-. rE52. EE iiB ei3 iiE B,E t -i= a{ E: 3 2t 1d tsE a d9 1? F2 o s5 ti3 E3g litd igEE;i!F iri E9I 2ee 6Ta! EF 5, ll ev 9d lg sii -I - 5l lls kgiE.6 ir g5l iiig:: EiiiEE a I ! 2 is E! 9I E EP 5Eti EI tE t6 ? 5- !! d8 E6 t!ti5dl ai,{t3rpa #$r iE aEat g:l .s9e b3laaa I : B z t.- -tis \ {' I l3 r5 z EB E 3* e;Ii ! ,l 3!i arli!atEir:3:ii a a e F: I 6 E o J i I I Et -A i#E l;ie a:i I I ,i' ! Ei i! I 9rri.a\a 3 a:3 E Ii I t @ i: El l:i5 1i ti iE i! i Meridian City Council Meeting Agenda April 24, 2018 – Page 530 of 717 EE] I e a i h A) a) E$FE E> h a(,uJE69EE i9B:3 " 6E i!, i t z4:;5l o g 6I P !, *t HI 9\ :d 5rr p F.t Pid itfur8!i rlES EgEH frfrit igIi r e;: B5t,tsz!3 EP a3i iti .:En9i i Er zvl E5 :q Es :* ^:s -,: t:i,lrl $l:H E5A-r iEIEfrq!ri; iE aiI an :! 83 EiZ iB E o 5 I 5 E" ;5et i: E 'ieililr ,ii;! iiii$ EIiE! I, 3!I P I Er BT!!!EpI 3 i I !! lt ia E5ttIl!i :86 !!, !rI $"8i EI l; EE Eit; 95!irI $! - $,I JqE ;it!!tlE tE3tllit :i E6 alt x'! l {r ;! 53;t Eg f* ; I s:. 3r;i :eca il: g ;;eta! kbk C,i ----T- __t i ts h a t 5IiI! Itt zz00{0l-c 9Mo:ls tNt't lc1vtl :-:-: :--r--- I5e e; E a 6i t-l- f t eF -a1! i F'iB:iia T 3 z E.;: b|:! :Eie d5!6 ;l I 8:,E i ;: E; d;v5 tirt I EEE ,L 1 ; @ li Il 4 I t ,I i ---{ -n*{s e- I I I I Meridian City Council Meeting Agenda April 24, 2018 – Page 531 of 717 GENERAL NOTES I emwn- ! I Cstdwsll : KEY NOTES Wasiewaler Resource CIVIL YARD PIPING c-100-0022 '4r. h*- l\ .1v r )r--\ 3 t / k&r { _-__l I I J',$. tf al l]0- .riiirwr.e,, - i q 3 a: g , ! : I "rJiH li;iI Ii 5! i i I t I EI i @ S\\ \ r l, ,\-- r;+-\4Ik' Meridian City Council Meeting Agenda April 24, 2018 – Page 532 of 717 3.PROJECT NO 201 Change Proposal# 43EMeridian WRRF Liquid Stream Capacity Expansion l,PROJECT JC CONSTRUCTORS CONTRACTOR 5.CONTRACT NO: 17-0146 6,PROPOSAL OATE 20-Mar.l8 DESCRIPTION OF CHANGE DESCRIPTION OF ADDITIONAL WORK: Concrete and dirt crew rescheduling while addressing the SC 7 subgrade identified in CPR 41C. EXPLANATION: JCC notified the City that boiling sands were present under the SC 7 center section and that excavation activities would cease on September 11, 2017 . MTI has directed efforts to explore the boiling sand conditions but no formal direction for a permanent solution has been provided to JCC. The three week schedule provided to the City on October 4, 2017 reflected dirt crews working on SC 7 center section and pipe encasements beginning October 5, 2017 and concrete crews forming the center section and rat slab for encasements beginning October 10, 201 7. UNITS OF WORK: Complete work on a lump sum basis. A" FOR CHAI{GE WORX DIRECTLY PERFORMEO BY THE UNDERSIGNED CONTRACTOR 1. Direcl laborW labor fringes (Attach supporting delailostimates with man-hours and rat6s) 3. lnsurance and Labor Taxes JC Conslructors Proposal Cost $ $ $ $ $ $ $ COST SUMMARY OH&P on Oirect Labor + lnsurance and Labor Taxes @ 15% 6,775.52 1,234.90 1,457.',t2 2,77L00 12,662.24 4'16.70 5. Mat6rials. Detailod quantiti6s atach€d. 6. OH&P on Materials @ 15ol. 7. Equipmenl. Detailed quantities attached 6. OH&P on Equipment @ 15% g. For work ro b€ performed by subcontr.ctor., per propo3sb and detailed breakdowns (see attached breakdown) TAT SUACONTRACIOR AArcUNI IINCII,'OIVG SUA $ COMTRACTORS COMMISSION ON TOTAL SUACONTRACTOR CoNTRACTORS BONO COST @ ts06/1000 64.07$ c. TOTAL INCREASE OR DEcREASE oF CoNTRACT pRtcE _(As+Bs) 12,726.31$ JC CONSTRUCTORS, INC March 20, 2018v.CONIRACIOR NAME Matt A, N.ukom PRIN|ED NAME ON PROPOSAL CHANGE PROPOSAL REQUEST Page'l Meridian City Council Meeting Agenda April 24, 2018 – Page 533 of 717 Date: 20-Mar-18 Scope o, chango: DESCRIPTION OF ADDITIONAL WORK: Concrete and dirt crew rescheduling while add.essing the SC 7 subgrade identified in CPR 41C. EXPLANATION: JCC notified the City that boiling sands were present under the SC 7 center section and that excavation activities would cease on September 11 , 2017. MTI has directed efforts to explore the boiling sand conditions but no formal direction for a permanent solution has been provided to JCC. The three week schedule provided to the city on october 4, 2017 reflected dirt crews working on sc 7 center section and pipe encasements beginning October 5, 2017 and concrete crews forming the center section and rat slab lor encasements beginning October 10, 2017. UNITS OF WORK: Complete work on a lump sum basis. 43E JC CONSTRUCTORS, INC. Change Proposal Request # LABOR Carpenl€r Ope.ator: Crane/ Excavator Operator: Dump Truck Fabicator Laborer: Common Superintendenl Project Engineer Projecl Manager Hours Hours Hours Hours 40.00 40.00 20.00 20.00 0.00 20.00 10.00 0.00 10.00 Labor Rate MFringe Labor Rale w/Finge Labor Rat6 dFringe Labor Rate dFringe Labor Rale WFringe Labor Rale dFringo Labor Rate dFringe Labor Rat6 w/Frings Labor Rale dFringe 1,730.86 1,424.15 799.71 690.17 0.00 580.63 700.00 0.00 850.00 $ 39.99 $ 34.51 $ 36.70 $ 29.03 $ 70.00 $ 65.00 $ 85.00 s 43.27 $ 35.60 TOTAL LABOR COSTS INCLUDING LAAOR FRINGES 6,775.52 2,77a.O0 MATERIAL TOTAL MATERIAL COSTS FOR CHANGE ORDER 0.00 EOUIPMENT Equipment Descriplion Equipment Description Equipmenl Description Equipment Desciption Equipment Descnplon Equipmenl Descriplion 320 Cal Exc 950 Cat Loader haul/dump truck roller dozer Est Usage Esl Usage Esl Usage Est usage Est lJsage Est usage 2 Daily Rate: 0 Daily Rale: 4 Daily Rate: 0 Oaily Rate: 0 Daily Rate: 0 Daily Ral€: Rate: 1666.00 0.00 1112.00 0.00 0.00 0.00 0.00 833 555 278 55 444 Esl Usa AL EQUIPI\,IENT CO S FOR CHANGE ORD 2,778.00 Material are listed below o. detailed maledat sheets are aflached - Description Unit OTY Unil Price Total 0.00 Other direct materiatnot specitically inctuded in detaited take-off - Consumables, elc included in above mater alcosls. Page 2 Meridian City Council Meeting Agenda April 24, 2018 – Page 534 of 717 JC CONSTRUCTORS, INC. Change Proposal Request # 4gE Date: 2o-Mar-18 Scope of change: DESCRIPTION OF ADDITIONAL WORK: Concrete and dirt crew rescheduling while addressing the SC 7 subgrade identified in CPR 41C. EXPLANATION: JCC notified the City that boiling sands were present under the SC 7 center section and that excavation activities would cease on September 1'1,2017. MTI has directed efforts to explore the boiling sand conditions but no formal direction for a permanent solution has been provided to JCC. The three week schedule provided to the City on October 4, 2017 reflected dirt crews working on SC 7 center section and pipe encasements beginning October 5,2017 and concrete crews forming the center section and rat slab for encasements beginning October 10, 2017 . UNITS OF WORK: Complete work on a lump sum basis. Break Out Labor Costs Regular TimeDescriptionQuantityUnit $/Unit Cost 1 Dirt crew 2 Foreman 20 HR 43.27 865.43 3 20 HR 39.99 799.71 4 20 HR 34.51 690.17 5 6 Concrete crew 7 Foreman 20 HR 865.43 8 enter 40 HR 35.60 1424.15 9 Laborer 20 HR 29.03 580.63 '10 11 erProect Man 10 HR 85.00 850.00 12 Su rintendent 10 HR 70.00 700.00 13 6,77 5.52 I Page 3 Operator - Excavator Operator - Dump Truck Meridian City Council Meeting Agenda April 24, 2018 – Page 535 of 717 Foreman Carpenter Operator: Dump Truck Fabricator Laborer: Common Wage Rate Fringe Health lnsurance Retirement Paid Time Off Holiday Total Base + Fringe $ 30.00 $ 6.41 $ 0.90 $ 1.15 $ 0.81 $ 39.27 $ 23.00 $ 6.41 $ 0.69 $ 0.88 $ 0.62 $ 31.60 $ 27.00 $ 6.41 $ 0.81 $ 1.04 $ 0.73 $ 3s.99 $ 22.00 $ $ $ $ 6.41 0.66 0.85 0.59 $ 30.51 $ 24.00 $ 6.41 $ 0.72 $ 0.92 $ 0.65 $ 32.70 $ 17.00 $ 6.41 $ 0.51 $ 0.65 $ 0.46 $ 25.03 Travel Costs (one-way) Safety Small Tools Training $ $ $ $ 1.25 1.50 1.25 $ 4.00 $ $ $ $ '1.25 1.50 1.25 $ 4.00 $ $ $ $ 1.25 1.50 1.25 $ 4.00 $ $ $ $ I .ZA 1.50 1.25 $ 4.00 $ $ $ $ 25 50 25 $ 4.00 $ 4.00 Grand TotalWages & Labor Burden Overtime Rate (with fringe) $ 43.27 s 62.23 $ 35.60-5-io-zE $ 39.99 $ s7.11 $ 34.51-5--7636 $ 36.70 $ 51.99 $ 29.03-T-26.o5 FICA./Medicare (subject to OT) Worker's Comp lns (subject to OT) SUUFUI Liability lnsurance Total lnsurance Burden $ 3.00 $ 4.91 $ 0.71 $ 1.57 $ 10.'19 $ $ $ $ 2.42 0.57 1.26 $ 8.20 $ 2.75$ 4.s0$ 0.6s $ 1.44 $ 9.34 $ $ $ $ 2.33 3.81 0.55 1.22 $ 7.92 $ $ $ $ 2.50 4.09 0.59 1.3'1 $ 8.48 $ 1.91 $ 3.13 $ 0.45 $ 1.00 $ 6.49 Page 4 LABOR RATES Operator: Crane/ Excavator $ $ $ 1.25 1.50 't .25 Meridian City Council Meeting Agenda April 24, 2018 – Page 536 of 717 Matt Neukom From: Sent: To: Cc: Subject: Hello Emily and Clint I wanted to let you know that we've stopped excavation at 5C 7 to await some formal direction from the City that MTI will Senerate. There are boiling sands in the bottom of the excavation. MTI cameouttolookatthemandverbalizedJCC should continue to excavate to gravel. That sounds expensive so we thought we should get something in writing and talk with you about it before taking steps. The excavation work is not on the critical path and crew is able to stay busy for a day or two. However, we would like to work through this issue right away to keep them moving forward, Thanks, Matt Matt Neukom lvlonday, September 71, 2017 1.2:35 PM Emily Skoro; Clint Dolsby Rob Guyott;.,im Cox; Bert Huddelston Boiling Sand in SC 7 Matl A. Neukom JC Construclors, Inc. 1305 E. Columbia Road Meridian. lO 83642 Cell: 208-965-3244 Fax: 208{95-8106 1 Meridian City Council Meeting Agenda April 24, 2018 – Page 537 of 717 €F 3!E EbXi!i-i:; E EE g E 8 Itt l 3 ! I I ! t I = e6 ET or!ocrglr E ilil ,t f gz E 3 -III a -.-.i t! t T g 3! 3 E tI' t E,I o t-t t t! I I II E I E I a 6 3P38 ooFFFF>>irir??8888998"r3I338p5N8Fa3PAR333A3 E 5 i -a- g I 5! ; E IiI I: !t _3 I !I t 3 , I c! I 9 x E t It { T Iti--t! I I-tt !--I T, -I t I e I a ! I n I 0 3 I I p oz - EE5€F-5{EaP oEIEiE-Eflgri I E E E gE -; !P B$E A EE$,F etEEs3 5gE-o6P r$@i Pfi!i a6 g t. bqsH a_e: q 9.9 E edigg E .EP96:;eoIinErEi€!9filpPs.,o€t*E?e; g 3c:E5 6 An 3 E E E I E Zzt{ i!3r<?.9 1fi9isE 383 !sE*iE I z98 EgHT b9sp 56g; 5EE!c4ab tI 3B oo 38 z ul- u,e, FO E=: 5e hc .9!oo o E 8J 8 8R Meridian City Council Meeting Agenda April 24, 2018 – Page 538 of 717 3,PROJECT NO 20'l Change Proposal# 45Meridian WRRF Liquid Stream Capacity Expansion l,PROJECT JC CONSTRUCTORS 2,CONTRACTOR 5,CONTRACT NO: 174146 PROPOSAL DATE 27 -F eb-'l8 DESCRIPTION OF ADDITIONAL WORK: Remove and reinstall the 2" R-10 rigid foam insulation inside the chemical building; install vapor retarder between the cMU and the rigid foam insulation; remove and reinstall a portion of brick veneer. Related to this work is eliminalion of the break metal described in RFI 1 13. EXPLANATION: Detail AJA-390-0722 shows the vapor retarder belween the rigid foam insulation and the brick (CMU) veneer. The architect provided direction to install the vapor retarder between the rigid foam insulation and the CMU block after the materials were installed (vapor retarder and brick veneer were partially installed). JCC's mason had to remove and reinstall the rigid foam insulation. The architect also directed the use of a different vapor retarder. See RFI 1 '13 for addiitonal information on removal of the break metal. UNITS OF WORK: Complete work on a lump sum basis lete work described above at no additional cost or credit to the ownerCOSTS: Com A. FOR CHANGE WORK DIRECTLY PERFORMED BYTHE UNDERSIGI{ED CONTRACTOR '1. Direcl labor laborlringes (Attach supporling detaitestimates with man-hours and ratesl 3. lnsurance and Labor Taxes JC Constructo.s Proposal Cost $ $ $ $ $ $ $ $ COST SUMMARY OH&P on Direcl Labor + lnsurance and LaborTaxes @ .15% 5. Male als. Detailed quantities atlached. 6. OH&P on Malerials @ 15% 7. Equipmenl. Detailed quantities atiached 6. OH&P on Equipment @ 15% B. For work to be perlormed by subcontraciors, per proposats and detaited breakdowns (see attached breakdown) SUBCONIRACTOR AMOUNT iINCLUDING SUA O $ TRACTORS COMMISSION ON IOTAL SUSCONTRACTOR AMOUNI ts%t $ CONTRACTORS BONO COST $ c. Toral NcREASE OR DECREASE OF CONTRACT pRtCE - (A8+Bs) $ JC CONSTRUCTORS, INC Februa 27 201A CONTRACIOR NAME Matt A. Neukom PRIN|EO NAME ON PROPOS,AL CHANGE PROPOSAL REQUEST Page'1 DESCRIPTION OF CHANGE Meridian City Council Meeting Agenda April 24, 2018 – Page 539 of 717 3,PROJECT NO Change Proposal# 56Meridian WRRF Liquid Stream Capacity Expansion l.PROJECT JC CONSTRUCTORS 2,CONTRACTOR 5.CONTRACT NO: 17 -0146 6.PROPOSAL DATE s-Feb-18 DESCRIPTION OF CHANGE DESCRIPTION OF ADDITIONAL WORK: Work in this CpR inctudes 1. Dewater and over excavate Secondary Clarifier 6 below elevation 2520.77 per MTI's direction in the field and in writing. 2. Place structural backfill consisting o! 1' ol 3t4" chips wrapped in geogrid and geotextile fabric and pitrun in overexcavated areas totaling 150 CY to achieve subgrade. work will be completed in the presence of MTI beginning at 8 am on Tuesday, February 6, 201g. EXPLANATION: Section 205, 3.2, C ol ISPWC requires the Contractor to dewater soils to 1' below subgrade or elevation 2520.77 at Secondary Clarifier 6. JCC fulfilled this requirement by dewatering to elevation 2517; however, boiling sands prevented the subgrade material from stabilizing. MTI is directing the repair, which is similar to the repair on SC 7. A. FOR CHAN6E WORK OIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Oirect labo. w/ labor fringes (Attach supporting detail estimates wilh man+ou6 and rat6s) 3. lnsurance and Labor Taxes 4. OH&P on Direct Labor + lnsurance and Labor Taxes @ 15./o 5. Mate.ials. Detailed quantaties a&ached. 6. OH&P on Materials @ 150/0 7. Equipmenl. Oetaibd quantities attached. 6. OH&P on Equipment @ 15ol" JC Constructors Proposal Cost $ $ s $ $ $ $ 5 COST SI.JMMARY 3,495.48 13,378.68 853.16 536.25 652.30 3,575.00 3,710.00 556.50 B. For wo.k to be performed by subconlractors, p€r pioposals and detailod broakdowns (see attach€d breakdown) 'AI SUACONTRACIOR AA'OUNT (INCLUOING SUB, O $ CONTRACTORS COMMISSION ON IOIA! S UBCONTRACTOR AMOUNI $ coNrRAcroRs aoND cosl @ 15 o6XOm 67.70$ c. ToTAL TNCREASE OR DECREASE OF CONTRACT pRtCE. (A8+S5) '13 38$ JC CONSTRUCTORS, INC Februa 5, 2018v,@4/L/4-CONTRACTOR NAME Matt A. Neukom PRINTEO NAW ON PROPOS,AL CHANGE PROPOSAL REQUEST 201 UNITS OF WORK: Complete work on a lump sum basis. Page 1 Meridian City Council Meeting Agenda April 24, 2018 – Page 540 of 717 JC CONSTRUCTORS, INC. Change Proposal Request # Date: 5-Feb-18 Scope of change: See page 1 56 LABOR Foreman Carpenter Operator: Crane/ Excavator Operator: Dump Truck Fabricator Laborer: Common Superintendent Project Engineer Project Manager Hours Hours Hours Hours Hours Hours Hours Hours Hours 20.00 0.00 20.o0 40.00 0.00 0.00 4.00 0.00 2.00 Labor Rate MFringe Labor Rate MFringe Labor Rate w/Fringe Labor Rate w/Fringe Labor Rate dFringe Labor Rate w/Fringe Labor Rate MFringe Labor Rate MFringe Labor Rate w/Fringe 865.43 0.00 799.71 1,380.34 0.00 0.00 280.00 0.00 170.00 $ 43.27 $ 34.51 $ 36.70 $ 29.03 $ 85.00 $ 35.60 $ 39.99 $ 70.00 $ 6s.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 3,495.48 MATE RIAL TOTAL MATERIAL COSTS FOR CHANGE ORDER 3,710.00 EQUIPMENT Equipment Description: 290 JD/320 Cat Exc Equipment Description: 950 Cat Loader Equipment Description: haul/dump truck Equipment Description: double drum roller Equipment Description: dewatering pump Equipment Description: Est Usage Est Usage Est Usage Est Usage Est Usage Est Usage 830 555 555 150 100 1660.00 555.00 1110.00 150.00 100.00 0.00 0.00ment Descri on Est Usa e EOUIPI,,IEN COSTS FOR CHANGE OR 3,575.00TO Material are listed below or detailed material sheets are attached - Description Unit eTy 3/4' Crushed Chips MTax and Detivery Cy 1OO Structural Fill - no cost for onsite native pitrun Cy 50 SCS - 300 Geotextile Fabric WTax & Detivery Ro ,l Tensar TX 160 ceogrid Fabric w/Tax & Detivery Roll 1 Other direct material not specifically included in detailed take-off - Consumables, etc. Fre from vendor to ob site if not included in above material costs. Unit Price $17 $o $1,500 $510 Total $1,700.00 $0.00 $1,500.00 $510.00 0.00 Page 2 2 Day Rate: 1 Day Rate: 2 Day Rate: 1 Day Rate: 'l Weekly Rate: Rate: Rate: Meridian City Council Meeting Agenda April 24, 2018 – Page 541 of 717 JC CONSTRUCTORS,INC. Change Proposal Request # Date: Scope of change: See page I 56 5-Feb-18 Break Out Labor Costs (lump sum) Regular TimeDescriptionOuantityUnit $/U nit Cost 1 Dewater and excavate below elev 2520.77 Foreman 15 HR 43.27 649.07 Operator - Excavator 15 HR 39.99 599.78 Operator - Dum p Truck 30 HR 34.51 1035.25 2 ral backfill in overexcavated areas, 150 CYPlace structu Foreman 5 HR 43.27 216.36 Operator - Excavator 5 HR 39.99 199.93 Operator - Oum p Truck 10 HR 34.51 Superintendent 4 HR 70.00 280.00 2 HR 85.00 170.00 3,495.48Lump Sum Subtotal = Page 3 345.08 Proiect Manaqer L LI Meridian City Council Meeting Agenda April 24, 2018 – Page 542 of 717 LABOR RATES Foreman Carpenter Operator: Crane/ Excavator Operator: Dump Truck Fabricator Laborer: Common Wage Rate Fringe Health Insurance Retirement Paid Time Off Holiday Total Base + Fringe $ 30.00 $ 6.41 $ 0.90 $ 1 .'15 $ 0.81 $ 39.27 $ 23.00 $ 6.41 $ 0.69 $ 0.88 $ 0.62 $ 31.60 $ 27.00 $ 6.41 $ 0.81 $ 1.04 $ 0.73 $ 35.99 $ 22.00 $ 6.41 $ 0.66 $ 0.85 $ 0.59 $ 30.51 $ 24.00 $ $ $ $ 6.41 0.72 0.92 0.65 $ 32.70 $ 17.00 $ 6.41 $ 0.51 $ 0.65 $ 0.46 $ 25.03 Travel Costs (one.way) Safety Small Tools Training $ $ $ $ 1.50 1.25 $4 00 $ $ $ $ 1.25 1.50 1.25 $ 4.00 $ $ $ $ 1.25 1.50 t.zc $ 4.00 $ $ $ $ 1 .25 1.50 1.25 $4 00 $ $ $ $-S- 4.oo $ $ $ $ 1.25 't .50 $4 00 Grand TotalWages & Labor Burden Overtime Rate (with fringe) $ 43.27 $ 35.60 $Jo29 $ 39.99 $ 57.11 $ 34.51_F_28.55 $ 36.70 $ 51.99 $ 29.03 $ 40.05 FICA/Medicare (subject to OT) Worker's Comp lns (subject to OT) SUI/FUI Liability lnsurance Total lnsurance Burden $ 3.00 $ 4.91 $ 0.71 $ 1.57s 10.19 $ $ $ $ 2.42 3.95 0.57 | .zo $I 20 $ 2.75 $ 4.50 $ 0.65 $ 1.44 $I 34 $ $ $ $ 3.81 0.55 1 .22 s 7 92 $ $ $ $ 2.50 4.09 0.59 '1.31 $ 8.48 $ 1.91 $ 3.13 $ 0.45 $ 1.00-$- 6/e Page 4 1.25 1.50 't.25 Meridian City Council Meeting Agenda April 24, 2018 – Page 543 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6U Project/File Number: Item Title: W CHATEAU STREET LIGHTING Approval of Award of Bid and Agreement to QUALITY ELECTRIC INC. for the W CHATEAU STREET LIGHTING CONSTRUCTION project for a Not -To -Exceed amount of $66,667.58. Meeting Notes rte✓ APPROVED Page 1 Memo To: C. Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Al Christy, Public Works PM; Keith Watts, Purchasing Manager Date: 04/19/2018 Re: April 24 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 24 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to QUALITY ELECTRIC, INC. for the W CHATEAU STREET LIGHTING CONSTRUCTION project for a Not-To-Exceed amount of $66,667.58. This project is funded by a Community Development Block Grant (CDBG). Recommended Council Action: Award of Bid and Approval of Agreement to QUALITY ELECTRIC, INC. for the Not-To-Exceed amount of $66,667.58 and also authorize Purchasing Manager to sign the Purchase Order for the Not-to- Exceed amount of $66,667.58. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda April 24, 2018 – Page 545 of 717 CITY OF MERIDIAN W Chateau Street Lighting Construciton BID ABSTRACT BID OPENING 4/10/2018 Item No.Description Qty Unit Unit Price Bid Item Total Unit Price Bid Item Total Unit Price Bid Item Total 1 Install City provided 25’ Pole & LED Fixture 14 EA 4,706.82$ 65,895.48$ 1,907.50$ 26,705.00$ 1,387.50$ 19,425.00$ 2 Conduit & Conductors 738 LF 10.23$ 7,549.74$ 40.00$ 29,520.00$ 64.68$ 47,733.84$ 3 Junction Box 15 EA 286.23$ 4,293.45$ 650.00$ 9,750.00$ 153.93$ 2,308.95$ 4 Use Tax on City Provided Poles (0.06)14 EA 31.83$ 445.62$ 31.83$ 445.62$ 31.83$ 445.62$ 5 Use Tax on City Provided Fixtures (0.06)14 EA 17.64$ 246.96$ 17.64$ 246.96$ 17.64$ 246.96$ TOTAL BASE BID 78,431.25$ 66,667.58$ 70,160.37$ ANDERSON & WOOD CONST.QUALITY ELECTRIC, INC.ALLOWAY ELECTRIC Meridian City Council Meeting Agenda April 24, 2018 – Page 546 of 717 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 20 - Grant Fund governmental 1860 - Street Lighting From 10/1/2017 Through 9/30/2018 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 85000 Grant Expenditures 266,095.25 165,540.27 100,554.98 37.79% Total OPERATING COSTS 266,095.25 165,540.27 100,554.98 37.79% DEPT EXPENDITURES 266,095.25 165,540.27 100,554.98 37.79% TOTAL EXPENDITURES 266,095.25 165,540.27 100,554.98 37.79% Date: 4/19/18 10:17:06 AM Page: 1Meridian City Council Meeting Agenda April 24, 2018 – Page 547 of 717 CONTRACT FOR PUBLIC WORKS CONSTRUCTION W CHATEAU STREET LIGHTING PROJECT # 6003.82 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this Aday 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", 33 East Broadway Avenue, Meridian, Idaho 83642, and QUALITY ELECTRIC, INC. , hereinafter referred to as "CONTRACTOR", whose business address is 5272 Irving St. Boise, ID 83706 and whose Public Works Contractor License # is C-10145 Whereas, the City has a need for services involving W CHATEAU STREET LIGHTING; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1,3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, W CHATEAU STREET LIGHTING page 1 of 13 Project 6003.82 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided bythe Contractor at the City's request underthis Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a paft hereof for the Not-To-Exceed amount of $ 66.667.58 . 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Per the requirements of the CDBG Grant, weekly certified payroll reports shall be submitted to the City of Meridian. 2.4 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever- 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. W CHATEAU STREET LIGHTING Project 6003.82 Page 2 of 13 2. Consideration Meridian City Council Meeting Agenda April 24, 2018 – Page 549 of 717 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at Clty's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City failto pay Contractor all or any part ofthe compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 60 (sixty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities. both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remainforthe physicalcompletion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have g0 (ninety) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of 9500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See l\y'ilestones listed in the Payment Schedule for Substantial Completion. 5. Termination 5.1 lf, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulatjons of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. ln the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option ofthe CITY, become its property, and CONTRACTOR shall be W CHATEAU STREET LIGHT]NG Project 6003.82 paqe 3 of 13 Meridian City Council Meeting Agenda April 24, 2018 – Page 550 of 717 entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall notbe relieved ofliabilityto the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. This project is being funded by a Community Development Block Grant. The Davis- Bacon Act applies to this project and it is the responsibility of the Contractor to comply in allaspects ofthe law. This contract, will be subject to H UD-4010 Federal Labor Standards Provisions attached hereto as "Attachment C" and made a pari hereof. Paragraph 2 on page 2 of 5 of HUD-4010 states that the City may withhold payment to Contractor for failure to pay wages when due. Davis-Bacon requires wages to be paid not less often than once a week. All subcontractors and any lower tier subcontractors are subject to the same Davis-Bacon Wage requirements as the general contractor. 7. lndependentContractor: 7.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR norany officer, employee or agent of CONTRACTOR will be deemed an employee of ClTy. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind orincur anyobligation on behalfofthe City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 7.2 Contractor, its agents, officers, and employees are and at alltimes during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 7.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulflllment of this Agreement. lfin the performance ofthisAgreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. W CHATEAU STREET LIGHTING Projecl6003.82 page 4 of 13 6. CDBG Grant Requirements: Meridian City Council Meeting Agenda April 24, 2018 – Page 551 of 717 8. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 9. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled forwork under this contract. lf, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherurrise unsatisfactory, that employee shall be removed from all work under this contract. 10. lndemnification and lnsurance: 10.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employee s. CONTRACTOR shall maintain. and s pecifically aqrees that it will maintain, throuq hout the term of this Aq reement, liability insurance. in whi ch the CITY shall be named an add itional insured in the minimum amounts as follow: General Liability One Million Dollars (91 ,000,000) per incident oroccurrence, Automobile Liability lnsurance One Million Dollars (91,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory Iimits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if ClTy becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractols officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it,s obligations under this Agreement. ln the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City purchasing W CHATEAU STREET LIGHTING Project 6003.82 page 5 of 13 Meridian City Council Meeting Agenda April 24, 2018 – Page 552 of 717 Agent with a copy to lvleridian City Accounting, 33 East Broadway Avenue, I\.4eridian. ldaho 83642. 10.2 lnsurance is to be placed with an ldaho admitted insurerwith a Best's rating of no less than A-. 10.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved bythe City. Atthe option ofthe City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 10.4 To the extent of the indemnity in thts contract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained bythe City or the City's elected officers, offlcials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the ertent of Crty s negl,gence. '10.5 The Contractor's jnsurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 10.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 10.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 11. Time is of the Essence; The parties hereto acknowledge and agree that time is strictly of the essence wjth respect to each and every term, condation and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Bonds: Payment and Performance Bonds are required on all Public Works lmprovement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of ldaho with a Best's rating of no less than A-. ln the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement ofthe contract services. W CHATEAU STREET LIGHTING Prorect 6003 Ez Pase 6 of 13 Meridian City Council Meeting Agenda April 24, 2018 – Page 553 of 717 13. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 14. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 15. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: htto:/iwvw.meri diancitv.oro/environmental.aspx?id=1 361 8 Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved bythe City priorto final acceptance of the project. 17, ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate W CHATEAU STREET LIGHTING Project 6003.82 page 7 of 13 16. MeridianStormwaterSpecifications: Meridian City Council Meeting Agenda April 24, 2018 – Page 554 of 717 18. Reports and lnformation: 18.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 18.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 19. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 20. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any repods, data or other materials prepared under this Agreement. 21. Equal Employment Opportunity: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ln performing the Work required herein, W CHATEAU STREET LIGHTING Project 6003.82 Paqe 8 of 13 ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. Meridian City Council Meeting Agenda April 24, 2018 – Page 555 of 717 CONTRACTOR shall not unlaMully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 23. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 24. Aftorney Fees: 25. ConstructionandSeverability: lf 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. 26. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 27. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 28, Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR W CHATEAU STREET LIGHTING Project 6003.82 page I of 13 22. Employment of Bona Fide ldaho Residents: Should any litigation be commenced between the parlies hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Meridian City Council Meeting Agenda April 24, 2018 – Page 556 of 717 shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 29. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Managerwill approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 30. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove alltraces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 31. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid document, then the winning bidders submitted bid document. 32. Compliance with Laws: ln performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 33. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of ldaho, and the ordinances of the City of Meridian. 34. Notices: Any and all notices required to be given by either of the parties hereto, unless othenarise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: W CHATEAU STREET LIGHTING Project 6003.82 page 10 of 13 Meridian City Council Meeting Agenda April 24, 2018 – Page 557 of 717 CITY CONTRACTOR City of Meridian Quality Electric, Inc. Purchasing Specialist Attn: Don Rye 33 E Broadway Ave 5272 Irving St. Meridian, ID 83642 Boise, ID 83706 208-489-0416 Phone: 208-375-1300 Ext 1123 Email: don@geidaho.com Idaho Public Works License # C -10145-U-4- (16000) Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 35. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN QUALITY ELECTRIC, INC. BY: BY: ) pn -\ TA i�l MY 72z-,l ��o, Dated: Ll z Dated: t� Approved by Council: L/ / "� l / ')0CV Attest: C.JAY LES,I Y CLERK Purchasing Approval BY: KEITH W ; S, Purchasing Manager Dated:: L� / O z l g Project Manager Al Christy W CHATEAU STREET LIGHTING Project 6003.82 WARI Dated QOr;jE� AUGvsT' lw = cily of )IAN' --- SEAL P/ the 7 N STEWART, City Engineer q111 1(19 page 11 of 13 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW.1831.6003.82 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-l831-6003.82, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (SPWC), the 2013 City of Arleridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: Plans - W Chateau Street Lighting by tvlurraysmith, lnc. dated lt/arch 2018 1ro pasesy Special Provisions and/or Technical Specifications by Murraysmith, lnc. dated 31112018 & Prevailing Wage Determination dated 311212018 (4'l pases). o Streetlight construction will be funded by CDBG Federal Grant and requires Prevailing Wages be paid for construction. Prevailing Wage Determination is included to ensure accurate engineer cost estimate for the construction phase of the project. " CDBG Supplemental General Conditions (12 pases). W CHATEAU STREET LIGHTING Projecl6003.82 page 12 of 13 Meridian City Council Meeting Agenda April 24, 2018 – Page 559 of 717 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed$00 667.58 W CHATEAU STREET LIGHTING Project 6003.82 Milestone 1 Substantial Com pletion 60 Days from Notice to Proceed [Vlilestone 2 Final Completion 90 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the W CHATEAU STREET LIGHTING per IFB PW-1831-6003.82 NOT TO EXCEED CONTRACT TOTAL....$ 66.667.s8: a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract is Item No Description Quantity Unit Unit Price 1 lnstall City provided 25'Pole & LED Fixture 14 EA $26,705.00 2 Conduit & Conductors 641 LF $29,520.00 J Junction Box '15 EA $9,750.00 4 Use Tax on City Provided Poles (0.06)14 EA $31.83 5 Use Tax on Oty Provided Fixtures (0.06)14 EA $17.64 page 13 of 13 MILESTONE PRICING SCHEDULE Contract Pricing.Schedule Meridian City Council Meeting Agenda April 24, 2018 – Page 560 of 717 View Details - Entity Overview I System for Award Management Username Password Page i of 1 actrvated. R6d or FAoq to learn more about this plceas cha.ge, Entity Dashbes?d* Quality Electric, Inc. DUiS: O4369a1ta CAG: Co.le. OPVCS €xrr.:ion Dat j 05/02/208 Plrpo.€ of t.cirlratio.: lll Awar& Entity Overview Ertty ReoisEauo. suBmarY Entitv Reoistration , Core Data ' Assertions ' Reos & Certs ' eoG Exc us ons , Aatrve Exclusions ' Inactive Exclusions ' Excluded Familv lvlembers rlrcrNmpruca am: Quality Ehdric, Irc. alEin€ss Typ€: 8lgn€ss o. OEanizatio.r Las! Updated By: .lay BinEe ReEist6tion stab.: Aclve Activauo. Dater 06/022017 Erpirauon Dats 06/022018 D"* 6( susF.o, n'i: fuabo':'r'-ttt\ | 4rgli"Kp,t' a !3r"r v1 P.r2.20180106 1123 Search Reaords Data Aaaess Check Status About Help DLsclainrers Access biliV FAPllS.gov GSA.gov/lAE GSA.9ov USA.gov p.no.+g u .ulrrized &tN(s 4," subi.cl t ds p s.B a.trfr '^atcn!g ('m*ar oll*utton 5225lruinq 5t Bolsq :D, a37O5-12O9, UNITEO STAIES Active Erdusion R@rds? No https://www.sam.gov/portal/sAMi?navigationalstate:JBPNS_rO0ABXdcACJqYXZheC5...4n8120t8Meridian City Council Meeting Agenda April 24, 2018 – Page 561 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 562 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 563 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 564 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 565 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6V Project/File Number: Item Title: Award of RFP and Approval of Agreement to HICKS BROTHERS WOOD FLOORS, INC. for the "FY18 Homecourt Floor Refinishing" project for a Not -To -Exceed amount of $80,000. Meetina Notes 9 APPROVES Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Garrett White Date: 4/13/2018 Re: APRIL 24 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 24 th City Council Consent Agenda for Council’s consideration. Award of RFP and Approval of Agreement to HICKS BROTHERS WOOD FLOORS, INC. for the “FY18 Homecourt Floor Refinishing” project for a Not-To-Exceed amount of $80,000. Recommended Council Action: Award of RFP and Approval of Agreement to Hicks Brothers Wood Floors, Inc. for the Not-To-Exceed amount of $80,000.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda April 24, 2018 – Page 567 of 717 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A+ Payment and Performance Bonds Received (Date): Rating: A Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Goodstanding PWC-C-11408 6/30/2018 I. PROJECT INFORMATION 4/12/2018 1/1/2019 N/A 18 4/11/2018 PARKS FY18 HOMECOURT FLOOR REFINISHING V. BASIS OF AWARD 4/11/2018 April 17, 2018 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION Only one (1) response received. RFP was sent to 3 vendors and advertised in the paper and on the City's webpage. April 16, 1948 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved VII. TASK ORDER SELECTION (Project Manager to Complete) 4/11/2018 Award based on Low Bid Highest Ranked Vendor Selected $80,000 Garrett White If yes, has policy been purchased? Hicks Brothers Wood Floors III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 1 5130 92020 10713.D TASK ORDER RFP / RFQ BID Meridian City Council Meeting Agenda April 24, 2018 – Page 568 of 717 CONTRACT FOR PUBLIC WORKS CONSTRUCTION FY18 HOMECOURT FLOOR REFINISHING PROJECT # 10713.D THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 17th 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 ldaho, hereinafter referred to as "C|TY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Hicks Brot hers Wood Floors lnc , hereinafter referred to as "CONTRACTOR", whose business address is 185 East Eastbrook Ct., Meridian, lD 83646and whose Public Works Contractor License # is PWC-C-11408 INTRODUCTION Whereas, the City has a need for services involving qvm floor refinishinq; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1 .1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. lf any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The contractor FY18 HOI\4ECOURT FLOOR REFINISHING PA9E 1 Of 13 Project 10713.D 1. Scope of Work: Meridian City Council Meeting Agenda April 24, 2018 – Page 569 of 717 represents and warrants that it will perform its work in accordance with generally accepled industry standards and practices for the profession or professions thal are used in performance ol this Agreement and that are in eflect at the time of performance ol this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work perlormed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request underthis Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.3 Except as expressly provided in this Agreemenl, Contractor shall not be entitled to receive lrom the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence ot any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any ol its provisions, City, at City's option, may terminate lhis Agreement by giving written notilication to Contractor. EY18 HOMECOURT FLOOR REFINISHING Project 10713.D page 2 of 13 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereol lor the Not-To-Exceed amount of $99;@Q. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days ot receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. Meridian City Council Meeting Agenda April 24, 2018 – Page 570 of 717 3.3 Should City fail to pay Conlractor all or any part of the compensation set forth in Exhibit B ol this Agreemenl on the date due, Contractor, al the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished by September 21 , 2018. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit oi the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion oJ the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by lhe Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt ol a Notice to Proceed, the Contractor shall complete all work described herein no later than September 28,2018. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See ltllilestones listed in the Payment Schedule for Substantial Complelion. 5. Termination: 5.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations ol this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance ot this contract, or if the City Council determines that termination ol this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving writlen notice to CONTRACTOR of such termination and specilying the effective date thereof at least fifteen (15) days before the eflective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. ln the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOB shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this FY18 HOI\,,IECOURT FLOOR REFINISHING page 3 of 13 Project 10713.D Meridian City Council Meeting Agenda April 24, 2018 – Page 571 of 717 6. lndependentConlractor: 6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any off icer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation ol the personnel of the CITY in the pedormance oJ this agreemenl shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at alltimes during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees ol the City. 6.3 Contractor shall determine the method, delails and means of performing the work and services to be provided by Conlractor under this Agreement. Contractor shall be responsible to City only for the requirements and resulls specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities ol Contractor in fulfillment of this Agreement. lf in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only f urnish employees who are competent and skilled for work under this contract. 11, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, reruses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. lndemnification and lnsurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and {or any and FY18 HOMECOURT FLOOR REFINISHING page 4 oI 13 Project 10713.0 Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. Meridian City Council Meeting Agenda April 24, 2018 – Page 572 of 717 all losses, claims, actions, judgments lor damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out oI the tortious conduct of CITY or its employ ees. CONTRACTOR shall maintain, and specificallv aorees that it will m arntain. throuo hout the term of this Aqreement, liabilitv rnsurance.in which the CITY shall be named an additional ins ured in the minimum amounts as lollow: General Liability One ltrlillion Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars (gl ,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The limits oJ insurance shall not be deemed a limitation of the covenants to indemnily and save and hold harmless CITY; and if CITY becomes liable for an amoLrot in excess ol the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnily and save and hold harmless CITY lrom and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attribulable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certilicate ol lnsurance, or other prool of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof o{ insurance with the CITY at least ten (10) days prior to the dale Contractor begins performance of it's obligations under this Agreement. ln the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, lvleridian, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminale such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing paymenl of losses and related investigations, claim administration and defense expenses. 9.4 To lhe extent of the indemnity in this conlract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained bythe City or the City's elected officers, officials, employees and volunteers shall be excess o1 the Contractor's insurance and shall not contribute with Contractor's insurance except as lo the extent of City's negligence. FYl 8 I-]OMECOURT FLOOB REFINISHING Project 1 0713.D page 5 ot 13 Meridian City Council Meeting Agenda April 24, 2018 – Page 573 of 717 9.5 The Contractor's insurance shall apply separately to each insured againsl whom claim is made or suit is brought, except with respect to the limits oJ the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all ol the insurance and indemnity requirements stated herein. 9.7 The limits ol insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: 11. Bonds: Payment and Pedormance Bonds are required on all Public Works lmprovement Projects per the ISPWC and the City of Meridian Supplemental Specilications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful per{ormance and payment bonds in the amounl of 100% of the contract price issued by surety licensed to do business in the State of ldaho with a Best's rating of no less than A-. ln the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed f or any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted f or 2 years f rom the date of the Cily of [Vleridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items lound to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. '13. Changes: The CITY may, lrom time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and OONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. FY18 HOMECOURT FLOOR REFINISHING Prolecl 10713.D page 6 of 13 The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Meridian City Council Meeting Agenda April 24, 2018 – Page 574 of 717 14. Taxes: The City oI Meridian is exempt from Federal and State laxes and will execute the required exemption certificates for items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. MeridianStormwaterSpecifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of lVeridian Construction Stormwater Management Program (CSWIVP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address:htto://www .meridianci TV .o rolenvironmental. asox?id='1 361 8 Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, lield inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certilication is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and lnlormation: 17.1 At such times and in such lorms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This incIudes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representatron including letters, words, pictures, sounds or symbols or any combination thereof. FY18 HOMECOUBT FLOOB REFINISHING Project 1071 3.D page 7 of 13 .I6. ACHD: Meridian City Council Meeting Agenda April 24, 2018 – Page 575 of 717 18. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of GONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covereci by this Agreement. 19. Publication, Reproduction and Use ol Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political afliliation, marital status, or handicap. Contractor will take affirmative action during employmenl or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ln performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of anyfederal, stale or local law, rule or regulation asainst any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide ldaho Residents: Contraclor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 22. Advice of Attorney: 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court cosls and reasonable attorneys'lees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate FY18 HOI\,4ECOIIRT FLOOR REFINISHING page 8 of 13 Project 1 0713.D Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's or the opportunity to seek such advice. Meridian City Council Meeting Agenda April 24, 2018 – Page 576 of 717 contract between the parties and shall survive any defaull, termination orlorfeiture of this Agreement. 24. ConstructionandSeverability: lf 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 lhe remainder ot the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of delault by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall nol be deemed to be a waiver ol any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modif ied as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City ol Meridian through the City's project management software. The Pro.ject Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian paymenl terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Conlractor shall remove all traces of wasle materials and debris resulting from the work. Final payment will not be made il cleanup has not been perf ormed. FY18 HOMECOURT FLOOR REFINISHING Projecl 10713.D page 9 ol 13 Meridian City Council Meeting Agenda April 24, 2018 – Page 577 of 717 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Hicks Brothers Wood Floors, Inc. Purchasing Manager Attn: Kevin Barkell, Estimator/Foreman 33 E Broadway Ave 185 E. Eastbrook Ct. Meridian, ID 83642 Meridian, ID 83646 208-489-0417 Phone: 208-631-6985 208-884-4889 Email: Idaho Public Works License #PWC -C-11408 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY ZF—MERIDI N HICKS BROTHERS WOOD FLOORS, INC. BY: BY: �e Kevin Barkell Soe r-+iin,Counoj I -?Y-e�lden�- Dated: FY18 HOMECOURT FLOOR REFINISHING Project 10713.D Dated: page 10 of 13 Approved by Council: Ll / ?L( ( dol Attest: r C.J. CO ES, CIV CLERK Purchasing Approval BY: KEITWOATTS, Purchas g Manager Dated:: Project Manager Garrett White jE (0QQ rD AUGUST' 2 ('ity of W -•r orrne ��� Department Approval BY: STEVE S Dated:: Y, Parks & Recreation Dir. FY18 HOMECOURT FLOOR REFINISHING page 11 of 13 Project 10713.D EXHIBIT A SCOPE OF WORK REFER TO REQUEST FOR PROPOSALS PKS.1815.10713.D ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Proposal Package # PKS-1815-10713.D are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (SPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). Work to begin no sooner than August 13, 2018 and must conclude no later than September 28,2018 Sand, Seal, Strip and Finish approx. 32,568 sq. ft. of hardwood flooring. Striping of four (4) college sized basketball courts, six (6) volleyball courts and twelve (12) pickleball courts. Products allowed: Hillyards polyurethane gym seal and finish. FY18 HOMECOURT FLOOR REFINISHING Project 10713.D a a page 12 of 13 Meridian City Council Meeting Agenda April 24, 2018 – Page 580 of 717 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $80,000. Milestone 1 Substantial Completion September 21 ,2018 IVlilestone 2 Final Completion September 28,2018 Contract includes furnishing all labor, materials, equipment, and incidentals as required for the above named prolect per RFP PKS-18l5-10713.D NOT TO EXCEED CONTRACT TOTAL $80.000 C/t.,/"'/,,,,'" t Ao, ,'*, ll Du"--. I rB4,",l*%u.<t 4' rt /ut* Vuttt FY1 8 HOI\,,IECOURT FLOOR BEFINISHING Prolect 1071 3.D page 13 ol '13 MILESTONE DATES/SCHEDULE PRICING SCHEDULE Meridian City Council Meeting Agenda April 24, 2018 – Page 581 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6W Project/File Number: Item Title: Approval of Purchase Order #18-0352 for ACHD Road Trust for South Meridian Regional Park in the Not -To - Exceed amount of $148,000.00 Meetina Notes 9 APPROVED Page 1 Memo To: CJ Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton Date: 4/19/2018 Re: April 24 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 24 th City Council Consent Agenda for Council’s consideration. Approval of Purchase Order #18-0352 for ACHD Road Trust for South Meridian Regional Park in the Not-To-Exceed amount of $148,000.00. Recommended Council Action: Approval of Purchase Order #18-0352 to ACHD for the Not-To-Exceed amount of $148,000.00 and authorize the Purchasing Manager to sign and authorize Accounts Payable to write the check 4/25/2018. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda April 24, 2018 – Page 583 of 717 E IDIAN PurChase Order 4tlstzoil Attention: Mike Barton Billing Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 Contractor Destination Pre-Paid Unit Price 18-0352 Total $148.000.00 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: ADA COUNTY HIGHWAY DISTRICT 3775 ADAMS ST. GARDEN CITY, ID 837 1 4-6447 Description Shipping Address: 33 E. Broadway Ave Ste.206 Meridian, lD 83642 Shipping Method: FOB: Unit Quantity 18-0352 ACHD Road Trust for South Meridian park Dollar 148000.00 1.00 Purchase Order Total: Purchasing Manager: Special lnstructions ACHD Road Trust per attached documents - Approved byCouncil 4/24118 NotTo-Exceed g148,OOO.0O Case #177,12 IDAHO 148.000.00 Meridian City Council Meeting Agenda April 24, 2018 – Page 584 of 717 CitY Of l{.ridien Detaifed Statement of Revenues and Expenditures - Rev ancl ExP Report 07 - IDPact E\rnd 5200 - Parka - ,ldrin Eto l0/1/2a11 Through 9/30/2018 r<eith capital outlay 96927 77 acre South Palk OOOO NON-DEPARTMENTAL 10121 South Meridian Property 10121.c 77 Acre Park WelI - Constrr.rction 0.00 308,526.12 0 .00 13,811.90 \a,451 .69 r41.51 {13,811.90) 298.069.03 (141.5r) 17 Acre Park - Design '77 Acre Park CM Services South Meridian Regional Park Construction Soulh Meridian Regional Park Irrigation Controlfers South Meridian Regional Park Special Inspection & Testing 255,912.38 681,000.00 3,898 , 634 ,92 1255,912.38) ( 681,000.00) ( 898, 634 . 92 ) 10121 .e 10121.f. 10121 . h Budget lrith ActuaI Budget Remaining Budge t Remaining 0.00? 96.61? 0.008 0.00 0. 00 3,000,000.00 0.00* 0.00* t29.95) * 10121 . I 10121 . J 10121 . k S. Meridian Regional Park Signs & Pfayglound Graphic Design 0 .00 0.00 0.00 25, 99',7 .93 24, 869 .40 16,500.00 (25,991 .93J (24,869.00) (16.500.00) 0 .00r 0. 00e. Total capital outlay TOTAL EXPENDITURES 4,921 t385.39 1 618 1 (48.93) r 41927,385.39 618 858.67)(48.93)? Daf,et 4/19/ta 0l:13 : 2 s PM __:-].9.3,:25!2_ 3,308,526 -'72 Meridian City Council Meeting Agenda April 24, 2018 – Page 585 of 717 D ev e I opme n I S eru ices D epar tmenl irffi;r,rfi \lxACHDE eo*,^.ft/ to r-r-i". ProjecUFile: Lead Agency: Site address: Commission Hearing: South Meridian Regional Parld MER17-00841 A-2017 -0240 This is a certificate of zoning compliance application to allow for the development of a 77 acre regional park. City of Meridian South side of Lake Hazel Road between Eagle and Locust Grove Ivlarch 7, 2018 Consent Agenda Commission Approval:March 7, 2018 Applicant:Mike Barton Meridian Parks Superintendent 33 E. Broadway Avenue, STE 206 Meridian, lD 83642 Representative: Bob Schafer The Land Group 462 E. Shore Drive Eagle, lD 83616 Staff Contact:Mindy Wallace, AICP Phone: 387-6178 E-mail: mwallace@achdidaho.orq A. Findinqs of Fact 1 . Description of Application: The applicant is requesting approval of a certificate of zoning compliance application to allow for the development of a 77 acre regional park. The park is proposed to be constructed in 2 phases. The first phase of the development consists of 26 acres and the remainder of the park (51 acres) would be developed over time. The applicant's proposal is consistent with the City of Meridian's Future Land Use Map. 1 ZoningDirectionLand Use North Rural urban transitional RUTSouthRural urban transitional East Rural urban transitional/single family residential RUT/R-4 R-4WestSingle family residential 2. Descri ion of cent Surroundi Area: South Meridian Park RUT Meridian City Council Meeting Agenda April 24, 2018 – Page 586 of 717 3. 4. 5. 6. 7. B. '1. Site History: ACHD has not previously reviewed this site for a development application. Transit: Transit services are not available to serve this site. Gas Pipeline: The Williams pipeline crosses the proposed development. Coordination with the owner of the pipeline prior to final design is recommended to insure that their requiremenls are met. ACHD requires written approval from the owner of the pipeline prior to plan acceptance if public street improvements are proposed or required within the pipeline easement. New Center Lane Miles: The proposed development includes 0.90 centerline miles of new public road. Capital lmprovements Plan (ClP)/ lntegrated Five Year Work Plan (lFYVlrP): Eagle Road is listed in the IFYWP to be widened to 5lanes between Amity Road and Victory Road, this project also includes widening the Amity Road/Eagle Road intersection to a dual lane roundabout with design scheduled to begin in 2018 and construction in 2021 . The intersection of Lake Hazel Road and Eagle Road is listed in the IFWVP and CIP to be widened to S-lanes on the north leg, 4{anes on the south, 4-lanes east, and 3-lanes on the west leg, and signalized between 2021 and 2025. Lake Hazel Road is listed in lhe CIP to be widened to 3-lanes from SH-69/Meridian Road to Locust Grove Road between 2026 and 2030. The intersection of Lake Hazel Road and Eagle Road is listed in the IFYWP and CIP to be widened to s-lanes on the north leg,4-lanes on the south, 4-lanes east, and 3-lanes on the west leg, and signalized between 2021 and 2025. Lake Hazel Road is listed in the CIP to be widened to 3-lanes from Locust Grove Road to Eagle Road between 2026 and 2030. The intersection of Lake Hazel Road and Locust Grove Road is listed in the CIP to be widened to 3ianes on the north leg, 2-lanes on the south, 2-lanes east, and 3-lanes on the west leg, as a single-lane roundabout between 2026 and 2030. The intersection of Lake Hazel Road and SH-69/Meridian Road is listed in the CIP to be widened to 7-lanes on the north leg, 7-lanes on the south, 7-lanes east, and 7-lanes on the west leg, and signalized between 2026 and 2030. Traffic Findinqs for Consideration Trip Generation: Eased on the traffic impact study, Phase 1 of this development is estimated to generate 210 trips during the park weekday PM peak hour (5:30-6:60 PM) and 275 trips during the park Saturday peak hour (12:00-1:00 PM). Phase 2 of this development is estimated to generate an additional 251 trips during the park weekday PM peak hour (5:30-6:60 PM) and an additional 555 trips during the park Saturday peak hour ( 12:00-1 :00 PM). Under total traffic conditions lhis development is estimated to generate 461 trips during the park weekday PM peak hour (5:30-6:60 PM) and 830 trips during the park Saturday peak hour (12:00- 1:00 PM). Traffic lmpact Study Kittelson & Associates prepared a traffic impact study for the South Meridian Park, the executive summary is attached. Below is a list of recommendations and mitigation measures as recommended in the analysis. ACHD has reviewed the submitted traffic impact study for consistency with ACHD policies and practices, and may have additional requirements beyond 2 2 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 587 of 717 what is noted in the summary. ACHD staff comments on the submitted traffic impact sludy can be found below under staff comments. Staff Comments/Recommendations: ACHD's Traffic Services and Development Review staff has reviewed the submitted traffic impact study (TlS) and generally agree with the findings and recommendalions. The traffic sludy notes that under 2018 background conditions all study roadway segments and intersections operate acceptably with the exception of the Eagle Road/Amity Road roundabout. ACHD entered into a cooperative development agreement with Albertsons to widen the roundabout from a single lane to a dual lane roundabout as listed in ACHD's IFWVP. Plans for the improvement are currently at 90% complete and construction is expected to occur in 2019. This applicant is not required to make any improvements to the Eagle Road/Amity Road intersection as part of this application. Under total traffic conditions in 2023 all roadway segments and intersections operate acceptably with the exception ofthe Locust Grove/Amity Road and the Eagle Road/Lake Hazel Road intersections. The study notes that the westbound movement of the Locust Grove/Amity Road intersection is expected to operate at LOS F as an all-way stop. The park doesn't add any site generated traffic to the westbound movement, therefore no improvements are required as part of this application. The southbound approach of Eagle Road/Lake Hazel Road intersection is expected to exceed capacity with full build-out of the park. The traffic study recommends the construction of a southbound right turn lane or signalization of the intersect;on. This intersection is scheduled in ACHD'S IFWYP to be widened and signalized with design scheduled for 2021, righlof-way acquisition in 2022, and construction in preliminary development. lf the applicant moves forward with phase 2 of the park prior to ACHD improving the Eagle Road/Lake Hazel Road intersection, then the applicant should be required to submit a signal warrant analysis to ACHD for review prior to plan acceptance for phase 2 of the park. lf through the review of the of the signal warrant analysis it is determined that a signal is warranted at the Eagle Road/Lake Hazel Road intersection the applicant should enter into a Cooperative Development Agreement (CDA) with ACHD to improve the intersection as identified in the CIP and IFYWP, or wait for ACHD to make the improvements to the intersection. The traffic impact study recommends the signalization of the mid-mile residential collector roadway and Lake Hazel Road intersection. When the mid-mile residential collector is constructed abutting the site's east property line a signal warrant analysis should be submitted to ACHD for review prior to plan acceptance for that segment of the roadway. lf through the review of the signal warrant analysis it is determined that the signal is warranted, and the collector is constructed to intersect Lake Hazel Road, then the applicant should be required to install a signal at the intersection. The intersection should be designed as a minimum 3 X 3 signalized intersection. lf the mid-mile residentlal collector roadway isn't constructed to intersect Lake Hazel Road due to the outparcel at the northeast corner of the site, then the applicant should be required to provide a road trust deposit in the amount of $200,000.00 to pay for the future signalization of the intersection. The traffic impact study recommends the construction of center left turn lanes and dedicated right turn lanes at all driveway and public street intersections with Lake Hazel Road. 3 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 588 of 717 3 Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Lake Hazel Road 9B0Jeet Principal Arterial 232 Better than "E' Eagle Road (Amity to Taconic)N/A Principal Arterial 313 Better than.E' Eagle Road (Taconic to Lake Hazel)N/A Principal Arterial 292 Better than E .Acceptable level of service for a two-lane principal arterial is "E" (690 VPH) . Acceptable level of service for a three-lane principal arterial is "E" (880 VPH). Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD'| most current traffic counts. . The average daily traffic count for Lake Hazel Road west of Eagle Road was 3,116 on 6112114.. The average daily traffic count for Eagle Road north of Lake Hazel Road was 10,669 on 9114117. 4 1 C. Findinqs for Consideration South Meridian Transportation Plan The South Meridian Transportation Plan (SMTP) is a long range planning tool used to identify future roadway, intersection, and corridor needs in the South Meridian Area providing a framework for future roadway improvements based on the land use designations. The plan was created in collaboration the City of Meridian and was adopted by the ACHD Commission in September of 2009. The sN/TP identified this segment of Lake Hazel Road as a was identified as a Residential Mobility Arterial; an 74-foot street section, with 5 travel lanes, bikes lanes, and a 7-foot wide detached concrete sidewalk within 106-feet of right-of-way. The SMTp also identifies a new residential collector roadway to be constructed abutting the sites east, south, and west property lines. 2. Lake Hazel Road/Eagle Road Intersection The Eagle Road/Lake Hazel Road intersection is expected to exceed acceptable level of service with full build-out of the park in 2023. This intersection is scheduled in ACHD's lFWyp to be widened and signalized with design scheduled for 2021 , rightof-way acquisition in 2022, and construction in preliminary development. lf the applicant moves fonruard with Phase 2 of the park prior to ACHD improving the Eagle Road/Lake Hazel Road intersection, then the applicant should be required to submit a signal warrant analysis to ACHD for review prior to plan acceptance for Phase 2 of the park. lf through the review of the of the signal warrant analysis it is determined that a signal is wananted at the Eagle Road/Lake Hazel Road intersection then, the applicant should enter into a Cooperative Development Agreement (CDA) with ACHD to improve the intersection as identified in the Clp and IFYWP, or wait for ACHD to make the improvements to the intersection. South Meridian Park4 Meridian City Council Meeting Agenda April 24, 2018 – Page 589 of 717 Cooperative Development Agreement (CDA): lf warranted through the review of a signal warrant analysis, the applicant should be required to improve the Eagle Road/Lake Hazel Road intersection, as recommended in the submitted traffic impact study. As such, the applicant should be required to enter into a Cooperative Development Agreement with the District to improve the Eagle Road/Lake Hazel Road intersection as identified in the CIP and IFYWP. The Cooperative Development Agreement should include the intersection design and 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 the ClP. 3. Lake Hazel Road a. Existing Conditions: Lake Hazel Road is improved with 2-travel lanes and no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of-way for Lake Hazel Road (2s-feet from centerline). b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design. Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within 96-feet of right-of-way. This width typically accommodates two travel lanes in each direction, a continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a principal arterial. Street Section and Right-of Way Width Policy: District Policy 7205.2.1 & 7205.5.2 states that the standard 3-lane street section shall be 46-feet (back-of-curb to back-of-curb) within 70 feet of right-of-way. This width typically accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike lanes. Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital lmprovements Plan using available impact fee revenue in the lmpact Fee Service Area. No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital lmprovements Plan. The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least s-feet wide to be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District's planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. 5 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 590 of 717 A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. Frontage lmprovements Policy: District Policy 7205.2.1 states that the developer shall widen the pavement to a minimum of 17jeet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be required (See Section 7205.5.5). ACHD Master Street Map: ACHD Policy Section 31 1 1.1 requires the Master Street Map ([/SNI) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of Lake Hazel Road is designated in the tr/Slr/ as a Residential Mobility Arterial with S-lanes and on-street bike lanes, a 721ool street section within '1O0-feet of right-of-way. c, Applicant Proposal: The applicant has proposed to construct a detached sidewalk on Lake Hazel Road abutting the site. d. Staff Comments/Recommendations: Consistent with the Master Street Map, the applicant should be required to dedicate additional righlof-way to total s0-feet from the centerline of Lake Hazel Road abutting the site. The applicant's proposal to construct a detached sidewalk should be approved, as proposed. As recommended in the SMTP, 7-foot wide detached concrete sidewalks located a minimum o'f 42:leel from the centerline to Lake Hazel Road should be constructed abutting the site. As recommended in the TlS, the applicant should be required to construct an eastbound right turn lane and a two-way left turn lane on Lake Hazel Road at all of the site access points, 2 public streets located at the % and y2 mile easl of Locust Grove Road and at the temporary driveway for phase 1. When the park moves forward with Phase 2 improvements and the new residential collector located at the mid-mile is constructed to intersect Lake Hazel Road, the applicant should be required to extend the eastbound right turn lane and a two-way left turn lane on Lake Hazel Road between the temporary driveway and the new residential collector roadway this will prevent the weaving of the travel lanes and driver confusion on Lake Hazel Road. 4. New Collector Roadways - Request for Waiver of Policy a. Existing Conditions: There are no collector roadways within the site. b. Policy: Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for improving all collector frontages adjacent to the site or internal to the development as required below, regardless of whether access is taken to all of the adjacent streets. Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector street is designated with a typology on the Master Street Map, that typology shall be considered for the required street improvements. lf there is no typology listed in the Master Street Map, then standard street sections shall serve as the default. Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard right-of-way width for collector streets shall typically be 50 to 7o-feet, depending on the location and width of the sidewalk and the location and use of the roadway. The right-of-way width may be reduced, with District approval, if the sidewalk is located within an easement; in which case the District will require a minimum right-of-way width that extends 2-feet behind the back-of-curb on each side. 6 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 591 of 717 The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike lanes. Residential Collector Policy: District policy 7206.5.2 states that the standard street seclion for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District will consider a 33-foot or 29-foot street section with written fire department approval and taking into consideration the needs of the adjacent land use, the projected volumes, the need for bicycle lanes, and on-street parking. Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalks at least s-feet wide to be constructed on both sides of all collector streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District's planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. Half Street Policy: District Policy 7206.2.2 required improvements shall consist of pavement widening to one-half the required width, including curb, gutter and concrete sidewalk (minimum S-feet), plus 12-teet of additional pavement widening beyond the centerline established for the street to provide an adequate roadway surface, with the pavement crowned at the ultimate centerline. A 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. Landscape Medians Policy: District policy 7207.5.16 states that landscape medians are permissible where adequate pavement width is provided on each side of the median to accommodate the travel lanes and where the following is provided: . The median is platted as right-of-way owned by ACHD. . The width of an island near an intersection is 12-feet maximum for a minimum distance of 150-feet. Beyond the 150-feet, the island may increase to a maximum width of 30- feet. o At an intersection that is signalized or is to be signalized in the future, the median width shall be reduced to accommodate the necessary turn lane storage and tapers. . The Developer or Homeowners Association shall apply for a license agreement if landscaping is to be placed within these medians. . The license agreement shall contain the District's requirements of the developer including, but not limited to, a "hold harmless" clause; requirements for maintenance by the developer; liability insurance requirements; and restrictions. . Vertical curbs are required around the perimeter of any raised median. Gufters shall slope away from the curb to prevent ponding. ACHD Master Street Map: ACHD Policy Section 31 1 1 .1 requires the Master Street lvlap (MSIV1) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. Three new collector roadways are identified on the IvlSM, two with the street typology of Residential Collector and one with the street typology of Commercial Collector. The new residential collector roadways abut the site's east and south 7 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 592 of 717 property lines and the town center collector extend approximately 900-feet north of Lake Hazel Road abutting the site's west property line. The Residential Collector typology as depicted in the Livable slreet Design Guide recommends a 2-lane roadway with bitie tanes, a 36-foot street section within 54{eet of right-of-way and the commercial collector Typology as depicted in the Livable street Design Guide recommends a 3-lane roadway with biie lanes, a 4s-foot street section within 69-feet of right-of-way. c. Applicant Proposal: The applicant has proposed to locate collector roadways abutting the site as designated on the MSM; at the site's east, south, and west property line for 900-feet south of Lake Hazel Road. The applicant is seeking a waiver of policy to not construct any roadways with Phase 1, but will provide a road trust deposit for a portion of the improvements, abutting Phase 1 only. Roadway construction is proposed with phase 2. Residential Collectors = I Commercial Collectors = Out parcel = I 8 South Meridian Park -+.!--rr__-__- Meridian City Council Meeting Agenda April 24, 2018 – Page 593 of 717 m a-J t-t-mo-loI I 8,, l.'! l oo l9 o o o o oo o ooooo gO o I CD €A1 --iJ; Seal_ TD€ !'n-e!r{ure,rt :ltv, ?n o o ooo LAKE HAZEL ROAD OUT PARCEL doFO t.u -J_)o O Faul ! U,m a o o cO o o o l-- SOUTH COLLECTOR I South Meridian Park I I I I I I I I I I I I I I I I a oBo o Meridian City Council Meeting Agenda April 24, 2018 – Page 594 of 717 d. Staff Comments/Recommendations: Residential Coll ectors Tvooloov 10 South Meridian Park The residential collector roadways abutting the sile's east and south property lines should be constructed as lz of a 36-foot residential collector roadway plus 12 additional feet of pavement to total 3o-feet with vertical curb, gutter, and S-foot wide detached (or 7-foot wide attached) concrete sidewalks abutting the site with a 3-foot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff should be conslructed on the unimproved side of the roadways. The right-of-way should extend from the barrow ditch on the unimproved side of the roadway to 2-feet behind the back of curb if a detached sidewalk is constructed or to 2- feet behind the back of an attached sidewalk. The applicant should be required to provide a permanent right-of-way easement for the detached sidewalks located outside of the dedicated righlof-way. Two-way left turn lanes should be constructed at all park driveway intersections with the collector roadways. A dedicated right-turn lane should be constructed for park driveway intersections on the eastern collector. Commercial Collector Tyooloqv The commercial collector should extend for 800-feet south of Lake Hazel Road abutting the site's west property line and be constructed as y2 of a 4s-foot commercial collector roadway plus 12 additional feet of pavement lo total 34.5jeet with vertical curb, gutter, and s-foot wide detached (or 7-foot wide attached) concrete sidewalks abutting the site with a 3-foot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff should be constructed on the unimproved side of the roadways. The right-of-way should extend from the barrow ditch on the unimproved side of the roadway to 2-feet behind the back of curb if a detached sidewalk is constructed or to 2-feet behind the back of an attached sidewalk. The applicant should be required to provide a permanent right-of-way easement for the detached sidewalks located outside of the dedicated right-of-way. Two-way left turn lanes should be conslructed at all park driveway intersections with the collector roadway. The site plan for the park shows a future roundabout at the terminus of the western collector. An analysis of a roundabout was not included as part of the submitted traffic impact study. lf a roundabout is desired when the commercial collector is constructed then an intersection analysis should be submitted for review and approval prior to beginning the design. Out Parcel There is a 4 acre out parcel owned by the Meridian Rural Fire District located at the site,s northeast corner. When the right-of-way is available adjacent to the out parcel, the collector roadway abutting the site's east property line should be constructed and extended to Lake Hazel Road creating an intersection at lhe mid-mile. ln anticipation of a future signalized intersection; from Lake Hazel Road north '1o0-feet the collector should be constructed as a 3- lane 46-foot wide collector roadway tapering to a 2-lane 36-foot wide collector to match the improvements north of the outparcel. lf the lvleridian Rural Fire District is willing to dedicated right-of-way abutting their parcels east property line a head oftheir development, then the applicant should be required to construct the collector with 30-feet of pavement, 3-foot wide gravel shoulders, and a barrow ditch consistent with ACHD's Offsite lmprovement policy. Meridian City Council Meeting Agenda April 24, 2018 – Page 595 of 717 5 Recommendation Policy requires that collector roadways designated on the MSM be constructed with adjacent development abutting the entire parcel. The applicant has requested a Waiver of Policy to defer improvements until Phase 2 of the park, in lieu of providing a road trust deposit to ACHD for improvements adjacent to Phase 1 . The applicant cannot construct the eastern collector immediately south of Lake Hazel Road without obtaining right-of-way from the Meridian Rural Fire District. The applicant should dedicate right-of-way with Phase I of the park, from the north property line, to the south property line, so that if adjacent development occurs before Phase 2, there is adequate right- of-way for partial construction of a roadway in the preferred alignment. The right-of-way width and street section required may be modified as the City and ACHD establish street typology, along with pedestrian and bicycle networks and connections. The applicant is able to construct a portion of the western colleclor, but has requested that improvement be deferred until Phase 2 due to relocation work associated with the Williams Pipeline, located approximately 450-feet south of Lake Hazel Road. The applicant could construct a portion of this collector to provide access to the site with Phase 1, but would prefer to take access to a temporary driveway on Lake Hazel Road. Additionally, the City is working with the adjacent property owner to the west and it is possible that the location of this collector could change. The applicant should wait until Phase 2 to dedicate right-of-way. ln lieu of constructing the segment of roadway between Lake Hazel Road and the Williams Pipeline, the applicant has proposed to provide a road trust deposit for the cost of construction. This condition may be modified depending on the location and width of the collector, as it relates to the development of the property to the west. Construction of the east-west collector along the south property line should be deferred until there is a north-south collector connection. However, the applicant should dedicate all of the right-of-way with Phase 1 of the park, so that if adjacent development occurs before Phase 2, there is adequate right-of-way for partial construction of a roadway in the preferred alignment. The righlof-way width and street section required may be modified as the City and ACHD establish street typology, along with pedestrian and bicycle networks and connections. lf center landscape islands are desired on the collector roadways, then additional right-of-way dedication will be required. lslands are restricted to a maximum width of 12-feet near an intersection extending 1so-feet. The center landscape island should be platted as right-of- way owned byACHD. The City of Meridian may enter into a license agreement for any landscaping proposed to be located within the center landscapes islands. Roadway Offsets a. Existing Conditions: There are no roadway offsets within the site. b. Policy: Local Street lntersection Spacing on Principal Arterials: District policy 7205.4.3 states that new local streets should not typically intersect arterials. Local streets should typically intersect collectors. lf it is necessary, as determined by ACHD, for a local street to intersect an arterial, the minimum allowable offset shall be 1,320-feet as measured from all other existing roadways as identified in Table 1b (7205.4.7). Collector Offset Policy: Diskict policy 7205.4.2 states that the optimum spacing for new signalized collector roadways intersecting principal arterials is one half-mile. District policy 7206.4.2 states that the preferred spacing for new collectors intersecting existing collectors is % mile to allow for adequate signal spacing and alignment. 1',|South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 596 of 717 c. Applicant's Proposal: With a future phase, the applicant has proposed to construct one collector roadway to intersect Lake Hazel Road located % mile easl of Locust Grove Road and one collector roadway to intersect Lake Hazel Road at the % mile between Locust Grove and Eagle Road. The location of these roadway intersections is depicted on the MSM. d. Staff Comments/Recommendations: The applicant's proposal is consistent with the IVSIVI and should be approved, as proposed. 6. Driveways - Modification of Policy 6.1 Lake Hazel Road a. Existing Conditions: There are no driveways onto Lake Hazel Road from the site. b. Policy Access Points Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be retocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically prohibited. lf a property has frontage on more than one street, access shall be taken from the street having the lesser functional classification. lf it is necessary to take access to the higher classified streel due to a lack of frontage, the minimum allowable spacing shall be based on Table 1b under District policy 7205.4.7, unless a waiver for the access point has been approved by the District Commission. Driveways, when approved on a principal arterial shall operate as a right-in/right-out only, and the District will require the construction of a raised median to restrict the left turning movements. Driveway Location Policy: District policy 7205.4.7 requires driveways located on principal arterial roadways to be located a minimum of 355-feet from the nearest intersection for a right- in/right-out only driveway. Full-access driveways are not allowed on principal arterial roadways. Successive Driveways: District policy 7205.4.7 Table 1b, requires driveways located on principal arterial roadways with a speed limit of 50 MPH to align or offset a minimum of 520- feet from any existing or proposed driveway. Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 WD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 WD) to a maximum width of 3o-feet. Curb return type driveways with 3o-foot radii will be required for high-volume driveways with 100 VTD or more. Curb return type driveways with 1s-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onlo the roadway. ln accordance with District policy, 7205.4.8, the applicant should be required to pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7205.4.8. Temporary Access Policy: District Policy 7202.4.2 identifies a temporary access as thatwhich "is permitted for use until appropriate alternative access becomes available". Temporary access may be granted through a development agreement or similar method, and the developer shall be responsible for providing a financial guaranlee for the future closure of the driveway. c. Applicant's Proposal: The applicant has proposed to construct 1 full access driveway with a center landscape island to intersect Lake Hazel Road located approximately 500-feet east of the future collector located at the west property line and 830-feet west of the future collector 12 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 597 of 717 located at the east property line. The applicant's letter describes this as a "tree lined entry drive". d. Staff Comments/Recommendations: The applicant's proposal for a full access driveway on Lake Hazel Road does not meet District Access Management or Successive Driveway policies. Driveways on principal arterials are restricted to righlin/right-out operations, and policy requires that access be taken to the lesser classified street. ln this case, the new collector roadways are the lesser classified street. The proposal is not consistent with the Access Management Standards established in the South Meridian Transportation Plan which allows right-in/right-out only driveways to offset by 660-feet on residential mobility arterials (attachment 3). The TIS notes that while the proposed driveway does not meet spacing requirements it is recommended because the construction of the collector abutting the site's west property line isn't planned to be completed until the Williams Pipeline is relocated as part of the phase 2 improvements and the applicant would like to coordinate the construction of the collector with the adjacent property owner (Brighton Corporation). The collector roadway abutting the site's easl property line cannot be constructed to intersect Lake Hazel Road until right-of-way is dedicated abutting the out parcel owned by the Meridian Rural Fire District. Both collector roadways are planned to be constructed with phase 2 of the pa rk. Due to the information provided in the traffic impact study, and the City's intention to defer construction of collector roadways abutting the site's east and west property lines, staff recommends a Modification of Policy to approve a temoorarv driveway onto Lake Hazel Road located 500-foot feet east of the future north-south collector located at the west property line, and 830-feet west of the future north-south collector located at the east property line, as proposed. The temporary driveway can operate as full access, but may be restricted to right- in/right-out before alternative access becomes available, if warranted by traffic conditions, as determined by ACHD. Closure of the temporary driveway will occur as follows: . When the first north-south collector is constructed, the driveway on Lake Hazel Road should be closed; OR the applicant may submit a traffic analysis that demonstrates that the driveway should remain. lf the traffic analysis demonstrates that the driveway is necessary to serve the site, and will not negatively impact intersection operations or level of service on Lake Hazel Road, then the driveway may be converted to a temporary rightin/righfout driveway with the installation of a median in Lake Hazel Road. . When the second north-south collector is constructed, the driveway on Lake Hazel Road shall be closed, the median in Lake Hazel Road shall be removed and the temporary driveway shall be closed wilh sidewalk and landscaping; OR the applicant shall submit a traffic analysis that demonstrates that the driveway should remain. lf the traffic analysis demonstrates that the driveway will not negatively impact intersection operations or level of service on Lake Hazel Road, then the driveway may remain a right-in/right-out driveway with the median in Lake Hazel Road. . lf the driveway is necessary for emergency access, as required by the Meridian Fire Department, the driveway can be reconstructed to 2o-feet in width, and restricted with bollards or gates, as required by the Fire Department. The temporary driveway should be constructed as a 36-foot wide curb return type driveway with 30-foot radii and be paved its full width at least 30-feet into the site beyond the edge of pavemenl of Lake Hazel Road. 13 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 598 of 717 The temporary driveway should not be constructed with the center landscape island as it leads the public to believe that this is a permanent driveway. Staff also recommends againsl the installation of large scale monument signage and the planned significant landscaping which may need to be relocated in the future when the driveway is closed. The site plan shows a future public works pump house to be constructed at the northwest corner of the site abutting Lake Hazel Road and the future collector roadway, as part of the phase 2 improvements. Access to this pump house should come off of the future collector roadway. A driveway onto Lake Hazel Road for the future pump house is not approved. 6.2 Collector Roadways a. Pollcy: Access Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the local street system and carry that traffic to the nearest arterial. A secondary function is to service adjacent property. Access will be limited or controlled. Collectors may also be designated at bicycle and bus routes. Driveway Location Policy (Signalized lntersection): Dishict policy 7206.4.3 requires driveways located on collector roadways near a signalized intersection to be located outside the area of influence; OR a minimum of 440-feet from the signalized intersection for a full- access driveway and a minimum of 220-feet from the signalized intersection for a right- in/righlout only driveway. Dimensions shall be measured from the centerline of the intersection to the centerline of the driveway Driveway Location Policy (Stop Controlled lntersection): Dishict policy 7206.4.4 requires driveways located on collector roadways near a STOP controlled intersection to be located outside of the area of influence; OR a minimum of 150-feet from the intersection, whichever is greater. Dimensions shall be measured from the centerline of the intersection to the centerline of the driveway. Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on collector roadways with a speed limit of 25 MPH and daily traffic volumes greater than 200 WD to align or offset a minimum of 245-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 WD) to a maximum width of 3o-feet. Curb return type driveways with 3o-foot radii will be required for high-volume driveways with 100 VTD or more. Curb return type driveways with 1S-foot radii will be required for low-volume driveways with less than 100 WD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. ln accordance with District policy, 7206.4.6, the applicant should be required to pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7206.4.6. b. Applicant's Proposal: The applicant has proposed to construct 2 driveways onto the collector abutting the east property line, 1 driveway onto the collector abutting the south property line and 2 driveways onto the collector abutting the site's west property line. c. Staff Comments/Recommendations: Staff wasn't provided a scalable site plan to review the proposed driveway locations, and they were not included for review in the traffic impact study. 14 South [Vleridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 599 of 717 The driveways on the collector roadways (east and south property lines) appear to meet ACHD policy. The northern driveway proposed to be constructed on the collector on the west property line should be located a minimum of 1S0-feet south of Lake Hazel Road (measured centerline to centerline). Outside of the influence area of the intersections all of the driveways should offset by a minimum of 245-feet. The driveways are restricted to a maximum width of 36Jeet and should be paved their full width at least 30{eet into the site beyond the edge of the collector roadways abutting the site. 7 - Tree Planters Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohlbits all trees in planters less than 8-feet in width without the installation of root barriers. Class ll trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class lll trees may be allowed in planters with a minimum width of 1O-feet. 8. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 1O-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a sO-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 9. Other Access Lake Hazel Road is classified as a principal arterial roadway. Other than the temporary access specifically approved with this application, direct lot access is prohibited to this roadway. Access onto the collector roadways should be consistent with ACHD Policy. D. SP ecia! Recommendation to the City of Meridian Throughout the pre-application process ACHD raised concerns regarding the layout and orientation of the park towards the temporary driveway onto Lake Hazel Road. Because of this staff has recommended that the entry features for the park be limited in size and scale with the understanding that the driveway may be closed in the future. ACHD recommends to the City of Meridian that the park and drive aisles be oriented towards the future public streets abutting the site's east and west property lines, that limited landscaping be installed adjacent to the temporary driveway for the park, and recommends against the installation of large scale monument signage which may need to be relocated in the future if the driveway is closed. This application is for the first phase of what will be many future phases of park development (as depicted on the site plans on pages 9 and 21 of this report). Some phases will be large and some will be small. For the purposes of the Site Specific Conditions, below, we define Phase 2 as the next large phase that includes significant improvements, parking, and traffic impacts (such as the completion of the softball fields). The next large expansion of the park will trigger the Phase 2 conditions. Small additions to the park that do not have a significant traffic impact, such as picnic shelters, playground elements, and maintenance structures, do not trigger the Phase 2 conditions. Site Specific Conditions of Approval lf the applicant moves foruyard with Phase 2 of the park prior to ACHD improving the Eagle Road/Lake Hazel Road intersection, then submit a signal warrant analysis to ACHD for review prior to plan acceptance for Phase 2 of the park. E 1 15 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 600 of 717 lf through the review of the of the signal warranl analysis it is determined that a signal is warranted at the Eagle Road/Lake Hazel Road intersection then, enter into a Cooperative Development Agreement with ACHD to improve the intersection as identified in the Clp and IFYWP, or wail for ACHD to make the improvements to the intersection. The Cooperative Development Agreement shall include the intersection design and construclion, as well as allocation of costs. ACHD will provide reimbursemenl for eligible project costs of permanent intersection improvements consistent with the ClP. lf the mid-mile collector roadway isn't constructed to intersect Lake Hazel Road due to lack of right-of-way with the outparcel at the northeast corner of the site, then the applicant should be required to provide a road trust deposit in the amount of $200,000.00 for the future signalization of the intersection. 3. Phase 1 - Dedicate additional righfof-way on Lake Hazel Road to total so-feet from the centerline of Lake Hazel Road abutting the site. No compensation with be provided for this dedication due to the Waiver of Fee Agreement between ACHD and the Cily of Meridian. 4. Phase 1 - Construct a 7-foot wide detached concrete sidewalk on Lake Hazel Road located a minimum of 42-feet from the centerline to Lake Hazel Road abutting the site. provide a permanent rightof-way easement for detached sidewalks located outside of the dedicated right- of-way. 5. Phase 2 -When the new collector roadway is constructed to intersect Lake Hazel Road atthe west property line, the applicant shall construct an eastbound right turn lane and a two-way left turn lane on Lake Hazel Road. 6. Phase 2 - When the new collector roadway is constructed to intersect Lake Hazel Road at the east property line, the applicant shall extend the eastbound right turn lane and a two-way left turn lane on Lake Hazel Road between the temporary driveway and the new collector roadway abutting the site frontage. 7. Phase 1 - Dedicate 42-feet of right-of-way abutting the east property line, abutting the entire park site for the future collector. 8. Phase 2 - Dedicate 47-feet of righlof-way abutting the west property line, from Lake Hazel Road to the south for 800-feet, for the future collector. This condition may be modified depending on the location and width of the collector, as it relates to the development of the property to the west. 9. Phase 1 - Dedicate 42-feet of right-of-way abutting the south property line, abutting the entire park site for the future collector. 10. Phase 1 - Provide a road trust deposit to ACHD in the amount of $148,000.00. This road trust is in lieu of constructing collector frontages adjacent to Phase 1 only; the collector at the east property line adjacent to the Phase 1 frontage, and the collector at the west property line adjacent to the Phase 1 frontage. '11. Phase 2 - Construct the collector roadway abutting the site's east entire property line asy2 ol a 36-foot wide collector roadway, plus '12 additional fee of pavement to total 3o-feet in width, with vertical curb, gutter, and S-foot wide detached (or 7-foot wide attached) concrete sidewalks 16 South fvleridian Park 2. Phase 2 - When the mid-mile collector is constructed abutting the site's east property line a signal warrant analysis should be submitted to ACHD for review prior to plan acceptance for that segment of the roadway. lf through the review of the signal warrant analysis it is determined that the signal is warranted, and the collector is constructed to intersect Lake Hazel Road, then the applicant should be required to install a signal at the intersection. The intersection should be designed as a minimum 3 X 3 signalized intersection. Meridian City Council Meeting Agenda April 24, 2018 – Page 601 of 717 abutting the site with a 3-foot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff should be constructed on the unimproved side of the roadway. Provide a permanent righlotway easement for the detached sidewalks located outside of the dedicated right-of-way. lf the road trust funds were not expended for the Phase 1 portion, then those will be refunded. lf the east half of the collector roadway is constructed by adjacent development, then complete the roadway on the west side to a 36-foot wide street section. The right-of-way width and street section required may be modified as the City and ACHD establish street typology, along with pedestrian and bicycle networks and connections. 12. Phase 2 - lf righlof-way is available abutting the outparcel at the site's northeast property line, then construct the off-site portion of the collector at the east property line with 3o-feet of pavemenl, 3-foot wide gravel shoulders, and a barrow ditches on both sides of the roadway. 13. Phase 2 - When the collector roadway is constructed at the east property to Lake Hazel Road: from Lake Hazel Road south for 1oo-feet, the collector should be constructed as a 3-lane 46-foot wide collector roadway tapering to a 2{ane 36-foot wide collector to match the improvements no(h of the outparcel. 14. Phase 2 - Construct the collector roadway abutting the site's entire south property line as % of a 36-foot wide collector roadway plus 12 additional feet of pavement to total 3O-feet with vertical curb, gutter, and S-foot wide detached (or 7-foot wide attached) concrete sidewalks abutting lhe site with a 3joot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff should be constructed on the unimproved side of the roadways. Provide a permanent righ! of-way easement for the detached sidewalks located outside of the dedicated righlof-way. The right-of-way width and street section required may be modified as the City and ACHD establish street typology, along with pedestrian and bicycle networks and connections. 15. Phase 2 - Construct the collector roadway abutting the site's entire west property line, from Lake Hazel Road to the south for 800-feet, as /, of a 4'-foot collector roadway plus 12 additional feet of pavement to total 34.5-feet with vertical curb, gutter, and S-foot wide detached (or 7-foot wide attached) concrete sidewalks abutting the site with a 3-foot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff should be constructed on the unimproved side of the roadways. Provide a permanent right-of-way easement for the detached sidewalks located outside of the dedicated right-of-way. lf the road trust funds were not expended for the Phase 1 portion, then those will be refunded. lf the west half of the collector roadway is constructed by adjacent development, then complete the roadway on the east side to a 45-foot wide street section. The right-of-way width and street section required may be modified as the City and ACHD establish street typology, along with pedestrian and bicycle networks and connections. This condition may be modified depending on the location and width of the collector, as it relates to the development of the property to the west. 16. Phase 2 - lf a roundabout on the north-south collector along the west property line is desired when the collector is constructed then an intersection analysis should be submitted for review and approval prior to beginning the design. 17. Phase 1 - Construct one temporary driveway onto Lake Hazel Road located 500{eet east of the future north-south collector located at the west property line, and 830-feet west of the future north- south collector located at the east property line, as proposed. The temporary driveway can operate as full access, but may be restricted to right-in/right-out before alternative access becomes available, if warranted by traffic conditions, as determined by ACHD. 18. Any Phase - Closure of the temporary driveway on Lake Hazel Road will occur as follows: . When the first north-south collector is constructed, the driveway on Lake Hazel Road shall be closed; OR the applicant shall submit a traffic analysis that demonstrates that the driveway should remain. lf the traffic analysis demonstrates that the driveway is 17 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 602 of 717 19. 20. 21. 22. 23 24. 25. 26. necessary to serve the site, and will not negatively impact intersection operations or level of service on Lake Hazel Road, then the driveway may be converted to a right- in/right-out driveway with the installation of a median in Lake Hazel Road. . When the second north-south collector is construcled, the driveway on Lake Hazel Road shall be closed, the median in Lake Hazel Road shall be removed and the lemporary driveway shall be closed with sidewalk and landscaping; OR the applicant shall submit a traffic analysis that demonstrates that the driveway should remain. lf the traffic analysis demonstrates that the driveway will not negatively impact intersection operations or level of service on Lake Hazel Road, then the driveway may remain a right-inhight-out driveway with the median in Lake Hazel Road. . lf the driveway is necessary for emergency access, as required by the Meridian Fire Department, the driveway can be reconstructed as an emergency access to 20-feet in width, and restricted with bollards or gates, as required by the Fire Department. Phase 1 - Temporary Driveway Requirements on Lake Hazel Road . Construct an eastbound right turn lane and a two-way left turn lane on Lake Hazel Road at the driveway. . Construct the temporary driveway as a 36-foot wide curb return type driveway with 30-foot radii and pave the driveway its full width and at least 3o-feet into the site beyond the edge of pavement of Lake Hazel Road. . No center landscape islands shall be constructed within the temporary driveway Any Phase - The temporary driveway may be restricted to right-in/righfout before alternative access becomes available, if warranted by traffic conditions, and as determined by ACHD. Any Phase - No permanent access to Lake Hazel Road is approved at this time. Any Phase - Driveways on the collector roadways abutting the east and south property lines shall offset by a minimum o1245-teet. The driveways are restricted to a maximum width of 36-feet and should be paved their full width at least 3o-feet into the site beyond the edge of the collector roadways abutting the site. Any Phase - Driveways on the collector abutting the west property line shall be located a minimum of 1so-feet south of Lake Hazel Road, and outside of the influence area of the intersection all of the driveways should offset by a minimum of 245-feet. The driveways are restricted to a maximum width of 36-feet and should be paved their full width at least 3o-feet into the site beyond the edge ofthe collector roadways abutting the site. Any Phase - Construct a dedicated right and two-way left turn lane on the eastern collector at all driveway intersections. Any Phase - Construct a two-way left turn lane on the western collector at all driveway intersections- Any Phase - Payment of impact fees is due prior to issuance of a building permit. (Because the City and ACHD have a Waiver of Fee Agreement, in lieu of payment of impact fees, the applicant shall obtain Plans Acceptance from ACHD prior to issuance of a building permit.) Comply with all Standard Conditions of Approval.27 18 South l\4eridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 603 of 717 1 F. Standard Conditions of Approval 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 righlof-way (including all easements). Private Utilities including sewer or water systems are prohibited from being located within the ACHD righlof-way. ln 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 apolicant's enqineer should provide documentation of ADA cqmpliance to District Development Review staff for review. 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. 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. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. lt 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. 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. 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 ldaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 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. 12. lf 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. G. Gonclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. 2 3 1 2 19 South l\,4eridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 604 of 717 H. Attachments 1. Vicinity Map2. Site Plan3. South Meridian Transportation Study Access Management Standards4. Traffic lmpact Study Summary5. Utility Coordinating Council6. Development Process Checklist7. Request for Reconsideration Guidelines 20 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 605 of 717 VICINITY MAP 21 South Meridian Park l Meridian City Council Meeting Agenda April 24, 2018 – Page 606 of 717 SITE PLAN ( * \ 'E otn -isQ=s _t oo-J o I it nt ilt it fl il fl oooo o O o o I o o P91'.e€s c6,al_6& -;,') o 6O o o o a o o oooooo ,/ 'E' 'll-Etr{a^em,u, in d6 o o o o o o I /o (.o @ '.{ :l-@ i -t{to 6 d Cro) I ooo-ooo South Meridian Park22 Meridian City Council Meeting Agenda April 24, 2018 – Page 607 of 717 -.'llr,r-AEIP*South Meridian Transportation Plan Final Report - Access Management Plan Access Managcmcnt standords werc dcvclopcd and applied to thc stEct typology crtcSorics in thr Sou$ Meridian Ar€a. Thc Acccss Manag.mcnt Plan provid.s for collaborstion betwecn ACHD and thc City of Mcridian to .nsurc .cccss .rstrictions alonS a.tc.ials in thc South Metidian Arca are appropristc for adjacent land uscs whilc cnsuring rcquircd mobiliry. The Sou$ Mcridisn Accrss Management Standards arc outlinrd in ES Figur. 6. All offie acccss managemcnt standards arc bascd on thc fulura urbsn/suburban charactcr ofthis arca and represent thc minimum splcing batwccn accass points sllowcd along srtcrial roadways. E5 6. South Meridian Ac(ess St.ndard5 Access to dcvclopment is rcquired from lcsscr classified sfe.ts whcn the developmcnl fronts more than one strc.t. Access points shall be cvalustcd lnd considered for spccific land uses th.ough lhe dev.lopment application proccss. lfan acccss [,oint is spprovcd for.n identificd land I'RS State Highways 'A'll.i|E = 2,64&i!rt 1A rnile = 2,640-{6€t Mobility Arierlalg %mi|!= 2.6,lGfeet %mi|, = 2.64Gr.ol '1,320-t€€l Ro!ldend.l filoblltty Anodals hmile = 2,8{0Je€t X milc = 2,640-trol %mib = 1,320-H 660j6ot Plann.d Comm.rclel e R6idontlal Artodils %mib = 2.6,l0lcet %fiil, = 1.320-f6t 66Gt €t Town Center Coll6ctor Comm6rclal Collector ResldsntialCotl.ctot Local Road Ref.r lo cuncnt ACHO Poray Marua, 'l0 .lrrdrib fl nHmn dtr6. ll b.....t ,ohl L .tol.d, I nti.l !. tr U D,.r.rp.o!d rnik rnp.d alry South Meridian Transportation Plan Access Management Standards 23 South Meridian Park Street Typology Minimum Access Spacing Standards' Siqnal Spacing Right- in/Righ! ouULelt'in Rl0ht,n/Right Out Access Meridian City Council Meeting Agenda April 24, 2018 – Page 608 of 717 $!dt M.rAb. A.ot@l Pon nt Accesi to the propored development Is planned to b€ provided via three accesses on lake Halel Road. Future connections to the routh of the park via Loaust Grow Road may b€ posslble as development occur5. Sile Access A: The first aacess wlll be a fullaccess on a aolleator identified on the ACHD Marter Street Map that wlll be shared with a futlre mlxed-uie development. Thi5 access wlll be located approxlmal€ ly 0.2 5 miles east of Locust Grove Roed. Site Access B: The second access wlll be a temporary full access located approxlmately 0.35 miles east of [ocust Grove Road (approximately 500 feet east or site Access A Thls access wlll be the only access for Phase 1 ofthe park and ultimately be restricted to rightln, rlSht-out only when, and lf, ACHD widens take HazelRoad to five lanes inthe long-tern ,uture. Site Aaaess C: The thlrd access will also be a future mid,mlle collector road identified on the ACHD master street mapwhich wjll ultimately b€ signaliaed when warranted fhe results ot this study indicate that the proposed South Merldian Regional part can be constructed whlle malntalnlnS acceptable tBffic ope.ations and safety at the study intersectlons, assuming provisionotthe recommended mltlSation measures. FINDINGS Year 2016 Existin8 Conditions . All of the 'tudy lntersectlons operate at .cceptable levels of servlcc dodng th€ weekday p.m. and S.turday mldday peek hours. . A revlew of hlrtorical crash data did not ,eveal any panems or trends i. the site vicinlty that requlre mlllgatlon asJoclated with thls paolect. Allsetments are forecast to operat€ accrptably ltrLlq 2^!5.bt \t-2 24 South t\ileridian Park EXECUTIVE SUMMARY The City of Meridlan ls proposlng to develop a public park in Meridian, ldaho, along take Hatel Road between locu5t Grove Ro3d and EaSte Road. The propefty covers approxlmately 77 acres and ls zoned Medium-Low Denslty Residentiel, but ls planned for a park according to the City of Merldian Zoning Map lReferen.e 1). The project wlll be built tn muttipte ph.ses. The rirst phase ts anti.ipated to b€ bu t an 2018 and futu.e phaser compteted ln 2023. Meridian City Council Meeting Agenda April 24, 2018 – Page 609 of 717 tab M.tLba e.i6al M lE Year 2018 Eackground Traffic Conditlons . Nq planned traosportatioo lmprovements were ldentified in the study area that will be completed by 2018, althouth the Eagle Road/Amtty Road roundabout expansion ii cu.rently belng designedand likelyto be completed ln 2018 or early 2019. . A two p€rcent per year growth rate was applled to exlrtlng conditlons at the study lntersection5 ln additlon to trips from a number of ln-process developments, . All of the study intersectlons are forecast tg operate at a(ceptable levels of service durlng the weekday p.m. and Saturday midday peak hours wlth the exceptlon of the Eagle Road/Amity Road roundabout, o The volume-to{apacity ratlo for the southbound approach of the Eagle Road/Amity Road roundabout ls over capacity durlng the weekday p,m. peak hour with the addition of the backgrouod developments. Expanrlon of the rgundabout ls currently in the design phase and erpected to be constructed ln 2018. Wlth the expansioo the intersection will operate acceptably, Allsetments are fore.rrt to operate acceptably. Year 2018 Total Traffic Conditions All of the study intersections, and the site access (Slte AcGess B) are forecast to ope.ate at acceptable levels of service during the weekday p.m. ahd $turday midday peak hour with the exceptlon of the Ea8le Road/Amlty Road roundabout. o The southbound approach to the Eagle Road/Am'rty Road roundabout as discussed ln the 2018 background condltlons erceeds capaclty. Expansion of the roundabout is currently in the deslgn phase. The roundabout lr erpested to be constructed in 2019- 2020. All setment3 are forecast to operate acceptably. Year 2023 Background Traffic conditions . No plarned transportation improvements were lde ified ln the study area that will be completed by 2018, although the Eagle Road/Amlty Road roundabout expansion ls curr€ntly belng desitned and likelyto be completed ln 2018 or early 2019. &t lt@ & A$6iot6, ln .3 25 South Meridian Park Year 2018 Proposed Phase 1 Oevelopment Plan . Phase 1 of the proposed South Merldian Reglonal Pa* will lnclude two adult softball liShted fields, two picnic shelte6, 1 de5tination playground, and one splash pad/sand-water feature.. There uses are estimated to teneGte approxlmately 210 weekday p.m. peak hour trips (111 inbound, 99 outbound) and approxlmately 275 Saturday mldday peak hour trips (152 inbound, 123 outbound). IK Meridian City Council Meeting Agenda April 24, 2018 – Page 610 of 717 bdh M.tldod e. oool Pott fE A two percent per year Srowth rate wa' applied to existlng .onditions at the study intersectlons in additlon to trips trom a number ofln-process developments. All of the rtudy lntersectlons are forecast to op€rate at acceptable levels of servlce durlng the weekday p.m. and Saturday mldday peak hou6 wlth the exception of the Eagle Road/Amlty Rold roundabout. o The southbound approach to the Eagle Road/Amtty Road roundabout, as discussed ln the 2018 backfound conditions, exceeds capaclty. Expanslon of the roundabout is currently ln the design phase and projected to lmprove the lntersedion ope.ations to an acceptable level. The roundabout ls expected to b€ constructed ln 2018 a5 part ofthe Eagle Amity Mixed-Use d€velopment (Albensonrl. Allsetments are forecast to operate acceptably. Year 2023 Proposed Phase 2 Development Plan . Phase 2 of the proposed South Meridian Retional park will add three adult softball li8hted flelds, tive multi-sport athletlc rields, four plckle ball courts, two tennts courtj, one basketball court, 1 tot lot, 1 dog off-leash area, L pond, 1 challente course and climblnt wall, 1 communlty Sarden, 1 maintenance building, and walking paths,. Together with the uses from Phase 1, these uses are estimated to tenerate approxlmately 461 weekday p.m, peak hour trips (265 inbound, 196 outbound) and approxlmately 830 Saturd.y midday peak hour trips (433 lnbound, 397 outbound). Year 2023 (Buildout) Total Traffic Conditions . All of the study intersectlons, and slte access poinb ar€ forecast to operate at acceptable levels of service du.ing the weekday p.m. and Saturday midday peak hour with the exceptlon of the Eade Road/Amlty Road roundabout, Amlty Road/Locust Grove ioa4 and Cagle Road/Lake HazelRoad, o EaSle Road/Amity Road: The southbound approach to the Eagle Road/Amlty Road roundabout as di5cu55ed ln the 2018 backtround condltions exceeds capaclty. Expansion of the roundabout is currently ln the deslgn phase and will lmprove the operdtions to an acceptable level. o [ocust Grove Road/Amlty Road: The wenbound movement at the Amlty Road^ocust Grove Road all-way stop operates at LOS t. The proposed park does not add any slte gene.ated traffic to the westbound moyement and park contributes approximately 7 pe.cent to the totalweekday p.m, peak hourvolume. The following mltiSation is needed; o Optlon 1: A westbound rlght-turn lane o Optlon 2: A lraffic riSnal (5lgnal wa..ants ar€ projected to be met). The lntersection i5 planned to be wldened and a slgnal lnstalled ln the 2026-2031 Ctp. o Eagle Road^ake Hazel Road: The southbound approach volume at the Eagle Road/Lake Hazel Road lntersedion exceeds capaclty. The followlng mitiSatlon ls needed: Xtn.ltoa&Atfi.bu,lN- 26 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 611 of 717 s@th M.rLh. e.gionol Port ns o Optlon 1: A southbouod right-turn lane o Optlon 2. A traffic siSnal (signal warrants are projected to be met). The lntersection is planned to be widened and a rignal Installed ln the 2025-2031 ClP. All segments are forecast to operate acceptably. Site Access Analysis While the two p.opo5ed collector slt€ accesses meet ACHD spaclnS .equirements, Site Access I does not meet the spacing since lt is approxlmately 500 feet east of the p.oposed Site Access A collector and approximately 830 feet west of the Site Access C collector. While this access doei not meet spacing requirements, lt ls recommended forfollowing reasons: o Access to both collectorg on either side is not possible in the near term for the following reasons:. Slte Access A (west collector): . There ls a regional underground gas line that will be reconstructed in the .ext few years by the gas company that willlimlt a connection to the main parking lotarea. . The other propeny owners to the west n€ed to provide input on the colledor location in ord€r for itto provide access to their property.. Slte Access C (east collector) . The park does not own the parcel on the corner wlth Lake Hazel Rgad and therefore cannot make the connection to Lake Hauel Road untilthat property ls develop€d by another owner.. Both Site Access A and Site Access C are adiacent to Phase 2 of the pa.k property and th€refore.re not planned for development until 2023.r The Crty of Me.idian Park Oepartment has agreed to restriction of Site Access I to right-ln, rlSht-out or right-in, right-ou! left-ln at the time the two colledor acceises are constructed and ACHD widens l,ak€ Hazel Road. lf Lake Hazel Road ls eventually wldened to flve lanes in the long-term future, Site A(cess B ls projected to fundion acceptably as a right-ln, right.out or righHO dght out, left-in access. Turn lanes arc warranted while l-ake Harel Road ls a two lane road at the following site accesses: o SIte Access A (Coll€ctor) - Eastbound right-turn lane and westbound left-turn lane o Slte Access B - Eastbound right-tum lane and westbound left-tum lane o Slt€ Access C (Coll€dor) - Eastbound right-turn lane and westbound left.turn lane All turn lanes are recommended to have 100ft storage as queue lengths are not exp€cted to exceed 1q)ft, This will allow fo. four vehicle stacklng distance and ensure aqceptable operations and accommodate larger vehicles. Sight distance ls adequate at allthree site accesses. A signal ls warranted at Site Access C./Lake Hazel Road lnteEectlon for all three access scenarioi. 5 Xilt.len LssoctoF , lN. South Meridian Park27 Meridian City Council Meeting Agenda April 24, 2018 – Page 612 of 717 buth l&Abn Fcelona poX n5 RECOMMENDATIONS The followlnt li5t provides a summary of the mitigation measures recommended a9 pan of thls Proposed development. . Eagle Road/Amity Road lntersection: o No mltiFtion ls recommended due to the expansiqn belng designed and construqted ln approximately the same tlmeframe as phase I ofthe p.rl. . Phase L: o Site Access 8: . Construct a 100ft storat€ eastbound right-turn lane . Cgnrtruct a 100ft storate westbound left-turn lane r lt ls suggested to construd at least 1mft of a two-way left-turn lane to help with vehlcles making a twostage left-turn out ofthe slte durinS events. . Phase 2 o Site Access A: . Construct a 100ft stordge east bound right-turn lane . Construct a 100ft rtoraSe westbound left-turn lane. Note that thls lane is wl also be utllized by future development to the west. o Site Arcesg C: . Construct a 100ft stora8e eastbound right-turn lane . Const,uct a 10oft storage westbound lefr-turn lane . Des,gn lnteEection for future slgnalilation, when needed. o Eatl€ Road/Lake Hazel Road:r Option 1: Const uct. southbound right-turn lane. Optlon 2: Construct a traffic signal (signal warrarG are projected to be met). The lntersection is planned to be widened and a sitnal inrtalled in the 2026- 2031ctP. o Locust Grove Road/Amity Road. Optlon 1l Construd a westbound right-tum lanet Optlon 2: Conrtruct a trafllc signal(signalwarrants are projected to b€ met). The intersection is planned to b€ widened and a signal lnstalled ln the 2O2G 2031CIP. . Shrubbery and landscaplnt near the internal inteGections ard site acce55 points should be malntalned to ensure adequate slght distance. Addhlonal detalls of the study methodology, findings, and recommendations are prov red within thls report. ftne,t 4, As6idt.t, tN.6 28 South lt4eridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 613 of 717 Ada County Utility Coordinating Gouncil Developer/Local lmprovement District Right of Way lmprovements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent fo: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 29 South lt4eridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 614 of 717 Development Process Checklist Items Completed to Date: ESubmit a development application to a City or to Ada County EThe City or the County will transmit the development application to ACHD EThe ACHD Planning Review Section will receive the development application to review XThe Planning Review Section will do glg of the foltowing: ESend a "No Review" letter to the applicant stating that there are no site specific conditions of approval at this time lwrite a Staff Level report analfzing the impacts of the development on the transportation system and evaluating the proposalfor its conformance to District policy. Elwrite a Commission Level report anal).zing the impacts oI the development on the transportation system and evaluating the proposal for its conformance to District policy. Items to b6 completed bv Applicant: EFor ALL development applications, including those receiving a ,,No Review,, letter: . The applicant should submit one set of engineered plans directly to ACHD for review by the Devslopment Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.) . The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the rightrf- way, including, but not limited to, driveway approaches, street improvements and utility cuts. EPay lmpact Fees prior to issuance of building permit. lmpact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Co n strucli on (N on -S ubd i vi sion s)I Driveway or Property Approach(s). Submit a "Driveway Approach Request'form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. E Working in the ACHD Right-of-Way. Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use permit Application'to ACHD Construction - Permits along with;a) Traffic Control Planb) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sl of concrete or asphalt. Con slru clion (S ubd iv i sion s) E Sediment & Erosion Submittal. At least one week prior to setting up a Pre-Construction Meeting an Erosion & Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be tumed into ACHD Construction to be reviewed and approved by the ACHD Stormwater Section. E ldaho Power company. Vic Steelman at ldaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. E Final Approval from Development Services is required prior to scheduling a pre-Con. 30 South Meridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 615 of 717 1 Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been parfly and materially carried out, or an aclion that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. lf a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. The request must be in writing and delivered to the Secretary of the Highway District no later than 11:00 a.m. 2 days prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt o1 the request, the Secretary shall cause the same to be placed on the agenda for that nexl scheduled regular Commission meeting. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. lf a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. lt will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the malter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. At the meeting where the onginal matter is again on the agenda for commission action, interested persons and AcHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable lf a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. b c d e f 31 South [,4eridian Park Meridian City Council Meeting Agenda April 24, 2018 – Page 616 of 717 o BY ADA COUNTY H IGH\.IAY DISTRICT RESOLUT I ON NO.42O A RESOLUTION CREATING A SPECIAL FUND FOR THE PURPOSE OF HOLDING FUNDS DEDICATED BY DEVELOPERS, SUBDIVIDERS OR OTHERS IN TRUST, FOR THE PURPOSE OF COMPLETION OF CONSTRUCTION TO ACCEPTABLE STANDARDS T.'ITHIN PUBLIC RIGHTS-OF-WAY IN ADA COUNTY, IDAHO. WHEREAS, ADA COUNTY HIGH!rAY DISTRICT has establ ished stan- dards erith which construction within public rights-of-way must conform before the project is accepted by the District for maintenance and other responsibilities; and WHEREAS, certain improvements are required beeause of land development, subdivisions and prospective land development and prospect i ve subdivisions; and I"THEREAS, certain reguired improvements are not feasible to be constructed until other improvements have been completed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COHMISSIONERS OF ADA COUNIY HIGHWAY DISTRICl, THAT RESOLUTION NUMBER 116, DATED MAY 24, 1979, IS HEREBY REPEALED, AND THAT THIS RESOLUTION NO. 420, rs HEREBY ADoPTED: 1. That a fund known as the Publ ic Rights-of -l.lay Trust Fund is establ ished and created for the purpose of receiv- ing moneys, other than publ ic funds, dedicated by develop- ers, subdividers, or others, for future improvements lrhich are not feasible to be completed at the time of the contri- bution of funds, but for which there is a reasonable expec- tation by the Commission that the work for vihich the depos- it is required will be undertaken vrithin ten (10) years from the last date of the fiscal year in which the funds are depos i ted. 2. That the funds deposited in this trust must provide optimum income from authorized r'nvestments. 3. That all moneys entrusted to this fund, and all invest- ment income therefrom, must be permanently and separately identified and separated from other fonds of the District. 4. That the disbursement of any funds from the trust shall be for the sole purpose for which it was entrusted, and for no other, un)ess otherwise disbursed pursuant to paragraph 5 hereof. o o o o o Meridian City Council Meeting Agenda April 24, 2018 – Page 617 of 717 o Resolution No.420 Page 2 from o o o 5. That the Commission shal I be the sole authority for authorizing the di sbursement of funds from the trust. 6. Any person who makes a deposit as provided herein may, upon written application, request a refund of that deposit (plus any income actual ly earned thereon, 'l ess any amount actually used for any of the improvements for which the deposit was made) upon a showing that: a. a period of seven (7) years has elapsed from the 'l ast date of the fiscal year in which the funds were deposited and such funds cannot be reasonably exPect- ed to be disbursed prior to the ten (lO) year period establ ished in paragraph 'l . hereof; or b. the ten (tO) year period establ ished in paragraph l. hereof has e I apsed. 7. That moneys placed in this trust shal'l not constitute revenue sources for budget purposes, and can be disbursed in direct payment of future improvements, separately or in conjunct ion with budgetary disbursements. This Resolution shal I take effect and be in ful I force and after January 25, 1990, DATED this 15th Of FEBRUARY 1990.duy ( SEAL ) ATTEST:ADA Ada COUNTY Co Dw s t aoares L. W €t,ecretary Cha i rman v, P res I dent and I H IGHWAY DISTRICT ldaho Meridian City Council Meeting Agenda April 24, 2018 – Page 618 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 6X Project/File Number: Item Title: AP Invoices for Payment 4/25/18 - $1,632,995.55 Meeting Notes u✓ APPROVEO 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 ADA COUNTY WEED & PEST CONTROL Reta Huskey Park gopher trapping, 3/29/18 20.00 01 General Fund ADVANCE AUTO PARTS thread checker x 1; trailer tester box parts x 5 56.28 01 General Fund ALICE HENKE instructor fee - Zumba Gold 3/3-3/31/18 - qty 1 22.40 01 General Fund ALL AMERICAN INSURANCE Notary License Renewal for L. Miller - 3/15/18-4/15/24 50.00 01 General Fund AMERICAN MECHANICAL CORP 220/repair HVAC gas furnace at St. 2 130.00 01 General Fund ASSOC OF IDAHO CITIES Registration, A. Little-Roberts & G. Milam, 2018 Spring Dist 70.00 01 General Fund BIG TWIN DIESEL 220/repair BR35 exhaust pipe 1,250.42 01 General Fund BILL SCHULER Per Diem, B. Schuler, 2018 Idaho Fire Chiefs Assoc Conf, Sun 81.00 01 General Fund BILLING DOCUMENT SPECIALISTS 18-0090, MUBS Bills 4/5/18 & Newsletter Inserts 124.67 01 General Fund BOISE FITNESS EQUIPMENT 220/repair treadmill St. 5 45.00 01 General Fund BOISE FITNESS EQUIPMENT Maintenance on Gym Equipment, 2/8/18 45.00 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.18-0321, softball officials 4/2-4/13/18 - qty 56 games 1,559.04 01 General Fund BRAD PURSER Reimb, B. Purser, Water & Cookies, Proj Based Budget Kickoff 37.96 01 General Fund BRANDON MEDICA Per Diem, B. Medica, 2018 Idaho Fire Chiefs Assoc Conf, Sun 81.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Replaced Emergency Ballast on Heroes Park Lighting - Qty 1 168.00 01 General Fund BSN SPORTS, INC.Bases, Home Plates, Pitchers Rubbers - Qty 8 726.80 01 General Fund BUSY BEE SAND & GRAVEL, INC.road mix for ADA bench pads - qty 2.04 cu yds 20.40 01 General Fund BUSY BEE SAND & GRAVEL, INC.road mix for ADA bench pads - qty 3.63 cu yds 36.30 01 General Fund CARPENTER SCREEN PRINTING basketball t-shirts - qty 49 389.55 01 General Fund CARPENTER SCREEN PRINTING volleyball t-shirts - qty 119 946.05 01 General Fund CDW GOVERNMENT Quantum DXI4700 VEEAM Intgtn Lic 1,050.00 01 General Fund CHANGE AND INNOVATION AGENCY LLC 18-0294, Peak Academy Training, Per Diem/Hotel, 3/19-3/20/18 10,200.00 01 General Fund CITY OF BOISE 2018 Contribution for Allumbaugh House - 4/1/18-6/30/18 16,018.00 01 General Fund CITY OF MERIDIAN 220/extra trash pickup at PSTC for training materials 70.40 01 General Fund CLAYTON'S CALCIUM, INC.chalk for ball fields - qty 80 485.00 01 General Fund CLOVERDALE NURSERY crushed shale fines for Settlers Park - qty 3 yds 142.80 01 General Fund CLOVERDALE NURSERY shale fines for Settlers MYB parking lot islands x 39 yds 2,090.40 01 General Fund COMMUNITY PLANNING ASSOC FY18 Annual Compass Membership Dues - 3rd Quarter 3,611.75 01 General Fund D & B SUPPLY cables, quick links & hardware for trailer breakaway repairs 42.07 01 General Fund D & B SUPPLY Dog Food for K9 Arco - Qty 2 Bags 88.18 01 General Fund D & B SUPPLY putty knives for Settlers Park - qty 3 10.57 01 General Fund D & B SUPPLY rakes & shovels - qty 9 389.91 Date: 4/19/18 10:17:34 AM Page: 1Meridian City Council Meeting Agenda April 24, 2018 – Page 620 of 717 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 trailer test box parts - qty 4 34.86 01 General Fund DEBEST PLUMBING, INC 220/repair urinal, St. 3 124.95 01 General Fund DISCOVERY BENEFITS Flex Deductions - April 2018 21,141.23 01 General Fund EMILY STROUD Emily Stroud, Education Assistanace, Spring 2018, NNU, BS Bu 990.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. 18-0219, Side Lights & Installation for Unit# 60 668.95 01 General Fund EWING CO., INC.Refund, C-NEW-2016-0020, Pool House - 3965 Magic Moon Ct, Ov 1,381.10 01 General Fund EWING CO., INC.Refund, C-POOL-2016-0003, Pool - 3965 Magic Moon Ct, Overpay 717.60 01 General Fund FAMILY TANG SOO DO instructor fee - Marial Arts 3/2-4/3/18 - qty 16 480.00 01 General Fund FASTENAL COMPANY bolts & washers for ADA upgrades - qty 200 10.41 01 General Fund FASTENAL COMPANY cable crimps for trailer break away cables - qty 20 3.60 01 General Fund FASTENAL COMPANY picnic table bolts for all north parks - qty 1800 102.76 01 General Fund FLOOR TECH, INC.epoxy Kleiner restroom floor 4,400.00 01 General Fund GOVCONNECTION INC Cust RG.Net Rfltr VS Pro 1U Mfg# P107U1M0 41.77 01 General Fund HOME DEPOT CREDIT SERVICES 220/Velcro, Cord, Glue to install fitness equip - Qty 3 15.41 01 General Fund HOME DEPOT CREDIT SERVICES restroom painting supplies for ADA upgrades - qty 15 65.69 01 General Fund HOME DEPOT CREDIT SERVICES Zip Ties - Qty 200 for Evidence & Crates - Qty 4 for Gear 57.18 01 General Fund HYDRO-DIP Forearm & Grip Sets for Firearms - Qty 5 425.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING A. Rudan, Case# 340303, Child Support April 2018 481.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING B. Caldwell, Case# 251042, Child Support April 2018 245.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING B. Day, Case# 175578, Child Support April 2018 325.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING G. Stark, Case# 352890, Child Support April 2018 653.19 01 General Fund IDAHO CHILD SUPPORT RECEIPTING J. Overton, Case# 416457, Child Support April 2018 328.57 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Gould, Case# 321962, Child Support April 2018 821.71 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Payne, Case# 311213, Child Support April 2018 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING T. Bryner, Case# 262519, Child Support April 2018 1,174.00 01 General Fund IDAHO DEPARTMENT of LABOR #0007001746 - 1st Quarter 2018 Unemployment 15,488.93 01 General Fund IDAHO POWER #2207095353, Street Light Power - April 2018 93.43 01 General Fund IDAHO POWER 2200773816, City Hall Power April 2018 7,057.55 01 General Fund IDAHO STATE POLICE Access Fee County of Municipal ILETS April-June 2018, User F 3,125.00 01 General Fund IMPACT PEST SERVICES pest control at Ten Mile Interchange 250.00 01 General Fund IMPACT PEST SERVICES vole control at Hillsdale Park 3/26/18 & 3/30/18 218.00 01 General Fund INT'L ASSOC OF FIRE CHIEFS 220/IAFC membership dues, 6 members, 5-31-18 to 6-30-19 1,524.00 01 General Fund INTERN'L PUBLIC MNGMT ASSOC IPMA-HR Membership, C. Ritchie, 6/1/18-5/31/19 149.00 Date: 4/19/18 10:17:34 AM Page: 2Meridian City Council Meeting Agenda April 24, 2018 – Page 621 of 717 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 JACOB SIMON Per Diem, J. Simon, WSHNA Training Conference, Reno NV, 4/29 224.00 01 General Fund KATHERINE E BALDWIN 220/Class fee for Fedrizzi EMT Course 1/18-5/18 750.00 01 General Fund KATHY DRURY-BOGLE, PHR 18-0145, Delivery & Development for EDP March 2018 2,000.00 01 General Fund KENDALL FORD OF MERIDIAN Oil Change and Battery for Unit # 152 198.30 01 General Fund KENDALL FORD OF MERIDIAN Oil Change for Unit # 157 48.35 01 General Fund KENDALL FORD OF MERIDIAN Touch UP Paint for Unit # 60 18.36 01 General Fund LAWN CO MAINTENANCE 18-0289 price code 1/landscape maintenance contract 04/2018 20,621.00 01 General Fund LEA ELECTRIC, LLC.220/repair 50' cord reel in bay, St. 3 1,063.03 01 General Fund LEXIS NEXIS on line research - March, 2018 118.00 01 General Fund LOBBY IDAHO, LLC 18-0171, Government Relation Services - March 2018 7,000.00 01 General Fund LOWE'S 220/garden hose & spray nozzle, St. 3 34.17 01 General Fund MASTER ROOTER PLUMBING irrigation vault cleaning at Champion Park 462.50 01 General Fund MASTER ROOTER PLUMBING irrigation vault cleaning at Gordon Harris Park 313.50 01 General Fund MASTER ROOTER PLUMBING irrigation vault cleaning at Heroes Park 370.00 01 General Fund MASTER ROOTER PLUMBING irrigation vault cleaning at Kleiner Park 108.00 01 General Fund MASTER ROOTER PLUMBING irrigation vault cleaning at Settlers Park 370.00 01 General Fund MASTER ROOTER PLUMBING irrigation vault cleaning at Storey Park 370.00 01 General Fund MEDICAL LOGISTIC SOLUTIONS Courier Service 14.84 01 General Fund MERIDIAN AUTOMOTIVE & MACHINE fleet truck 11 inspection - license C9980 30.61 01 General Fund MERIDIAN SYMPHONY ORCHESTRA MAC Promotion at MSO Events - Council Approved 3/27/18 500.00 01 General Fund MINUTEMAN, INC.broken key removal at Keith Bird Legacy Park 105.00 01 General Fund MINUTEMAN, INC.Heroes bollard locks & keys - qty 12 167.40 01 General Fund MISTER CAR WASH March 2018 Vehicle Washes 150.00 01 General Fund MOORE & ELIA, LLP 18-0342, Legal Services for Courthouse Matter-9/27/17-11/29/ 4,667.30 01 General Fund MSBT LAW 18-0348, Legal Services for Fire Arbitration-2/28/18-3/29/18 20,760.00 01 General Fund MUNICIPAL EMERGENCY SVCS 220/SCBA Repair, Cylinder valve,handwheel assemb, regulator 691.25 01 General Fund NORCO cylinder rental for welding gas, qty 4 - March 2018 42.16 01 General Fund NW HUMAN RESOURCES CONSULTING Consulting Fee for Proposed Succession Planning Timeline 260.00 01 General Fund O'CONNOR PAINTING 220/painting, St. 1 new BC bedroom area 675.00 01 General Fund OFFICE DEPOT, INC.220/chart tape for white board, qty 2 10.88 01 General Fund OFFICE DEPOT, INC.220/magnet data cards for whiteboard, 3 packs 32.97 01 General Fund OFFICE DEPOT, INC.220/Toner, easel, markers 329.35 01 General Fund OFFICE DEPOT, INC.220/Toner, qty 1 71.26 Date: 4/19/18 10:17:34 AM Page: 3Meridian City Council Meeting Agenda April 24, 2018 – Page 622 of 717 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 OFFICE DEPOT, INC.thumb drive - qty 2 pk 27.33 01 General Fund ON THE SPOT CLEANERS #15 Dry Cleaning for PD Uniforms, Qty 194 - March 2018 970.00 01 General Fund OXARC, INC.220/ refill 9 medical oxygen cylinders 43.60 01 General Fund OXARC, INC.220/refill 1 medical oxygen cylinder 12.40 01 General Fund PATRICA L BALL Legal Services for Fire Arbitration - March 2018 2,528.00 01 General Fund PAUL'S MERIDIAN STINKER Emissions Test for Unit # 141 15.00 01 General Fund PAUL'S MERIDIAN STINKER fuel for Kleiner equipment 99.56 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for Storey equipment 13.17 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for truck 5 & Settlers equipment 122.26 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 1 36.80 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 14 70.92 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 15 89.90 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 29 86.99 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 30 144.63 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 6 78.10 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 7 33.17 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 9 85.84 01 General Fund PayScale Inc.Payscale Subscription - 4/23/18-4/22/19 3,317.00 01 General Fund PEACEKEEPTER PRODUCTS INTERNATIONAL Peacekeeper Batons, Holsters & Strike Plates for PD - Qty 52 4,461.78 01 General Fund PROBUILD cement for ADA upgrades - qty 42 bags 188.58 01 General Fund PROBUILD form stakes for ADA upgrades - qty 1 bundle 13.99 01 General Fund PROBUILD lumber & lag screws for ADA upgrades - qty 69 97.48 01 General Fund PROBUILD OSB Board for ADA upgrades at Storey Bark Park - qty 4 85.89 01 General Fund PROBUILD pallet charge on cement for ADA upgrades - qty 1 pallet 15.00 01 General Fund REAL ANIMAL MANAGEMENT 18-0030 goose management at Hillsdale Park - March 2018 1,020.00 01 General Fund REAL ANIMAL MANAGEMENT 18-0030 goose management services - March 2018 2,400.00 01 General Fund ROGUE FITNESS 18-0247 220/Replacement Fitness Equipment 49,552.05 01 General Fund SAFETY ENTERPRISE, INC.03/18: MSDS SDS Info, Ear Buds as Hearing Devices 75.00 01 General Fund SHRED-IT USA, LLC.220/Shredding, Admin & St. 4 - 2/28/18 & 3/21/18 65.99 01 General Fund SHRED-IT USA, LLC.Document Shredding for MUBS, Finance, & Clerks - March 2018 217.58 01 General Fund SIGNS, ETC shop numbers for mower/trailer numbering 26.00 01 General Fund SILVER CREEK SUPPLY parts for Settlers drinking fountain/drain - qty 34 58.75 01 General Fund SIMPLEX GRINNELL 220/adjust pressure relief valve on dry pipe valve St. 1 342.00 01 General Fund SIMPLEX GRINNELL 220/annual mtnc of (2) fire ext & 6-yr mtnc on (2) fire exti 60.00 Date: 4/19/18 10:17:34 AM Page: 4Meridian City Council Meeting Agenda April 24, 2018 – Page 623 of 717 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 SIMPLEX GRINNELL 220/Annual mtnc of 3 fire extinguishers & 2 6-yr mtnc of ext 60.00 01 General Fund SOUTHERN IDAHO ELECTRIC Kleiner pond fountain repairs 55.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY No Dogs Allowed signs - qty 20 532.60 01 General Fund SPECIALTY CONSTRUCTION SUPPLY tree marker tape - qty 5 9.50 01 General Fund SPF WATER ENGINEERING, LLC 16-0374 prof services Storey Park well engineering 03/2018 168.75 01 General Fund STRICTLY TECHNOLOGY HP 507A Yellow - Original Toner Cartridge 165.31 01 General Fund STRICTLY TECHNOLOGY Microsoft Surface Pen Stylus-2buttons Wireless Bluetooth 4.0 153.57 01 General Fund SUNROC CORPORATION pea gravel for Storey Bark Park - qty 35.24 tons 1,096.72 01 General Fund SYNCB/AMAZON 220/coffee bskt,mouse pad,pic hnger,masking tape,envelope 81.22 01 General Fund SYNCB/AMAZON 220/coffee pot, st. 3, furnishings 38.93 01 General Fund SYNCB/AMAZON 220/extra large chair mat for Capt office, St. 3 249.35 01 General Fund SYNCB/AMAZON 220/TV mounting bracket, St. 1, manila folders 70.30 01 General Fund SYNCB/AMAZON Bestek 400W Power Inverter, USB Hub w/Micro USB Charging Pow 80.46 01 General Fund SYRINGA NETWORKS, LLC 18-0041 Dark Fiber (4 Strands) Lease - April 2018 1,150.00 01 General Fund SYRINGA NETWORKS, LLC Internet B/W(100MB)790.00 01 General Fund TENZINGA Tenzinga Performance Management Annual LIcense Fee 12 of 12 480.00 01 General Fund THE LAND GROUP, INC.17-0217 Lemp/Larkwood Path design services 03/2018 203.82 01 General Fund THE LAND GROUP, INC.professional services for park renderings March 2018 1,247.50 01 General Fund THE UPS STORE 220/mail in Thermal Imagers for repair, postage & insurance 152.97 01 General Fund THUNDER MOUNTAIN TENT & CANVAS 220/turnout repair, 4 knees 130.00 01 General Fund TONY FORD Per Diem, T. Ford, WSHN Training Conference, Reno NV, 4/29/1 224.00 01 General Fund TOTAL SYSTEM SERVICES 18-0208 Furnish & Install K9 Bld Ductless Cooling PD 16,375.00 01 General Fund TRADEWINDS GENERAL Refund, R-NEW-2016-1455, 3225 W Salix Dr, Overpaymnt Water A 2,204.00 01 General Fund TRANSUNION RISK & ALTERNATIVE DATA SOLUTIONS TLOxp Charges & Credits - March 2018 191.79 01 General Fund TRANSUNION RISK & ALTERNATIVE DATA SOLUTIONS TLOxp Charges - February 2018 135.81 01 General Fund TREASURE VALLEY COFFEE Coffee, Hot Chocolate, Cream, Sugar, Stir Sticks, Cups, Rent 409.37 01 General Fund TREASURE VALLEY COFFEE Coffee, Tea, Hot Chocolate, Cream, Sugar, Cups-qty 22 & Rent 327.82 Date: 4/19/18 10:17:34 AM Page: 5Meridian City Council Meeting Agenda April 24, 2018 – Page 624 of 717 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 ULINE, INC.bollard caps - qty 5 13.75 01 General Fund UNITED WAY OF TREASURE VALLEY #17426 April 2018 Donations 441.18 01 General Fund USA SOFTBALL OF IDAHO adult softball team registrations - qty 100 3,200.00 01 General Fund VINCENT KOONTZ Expense Report, V. Koontz, Alliance for Innovation Conferenc 473.73 01 General Fund WASHINGTON ASSOC OF BUILDING OFFICIALS Job Posting for Development Permit Tech I, 3/12/18-4/12/18 75.00 01 General Fund WSCFF EMPLOYEE BENEFIT TRUST April 2018 MERP Contributions 3,900.00 01 General Fund WW GRAINGER, INC 220/coupler plug, shop supplies, St. 2 0.92 01 General Fund WW GRAINGER, INC 220/Diesel exhaust fluid for St. 5 385.65 01 General Fund WW GRAINGER, INC 220/duct tape & batteries - Qty 5 33.93 01 General Fund WW GRAINGER, INC Credit for items shipped to wrong address and never received (69.51) 01 General Fund WW GRAINGER, INC Filters and replacement parts, City Hall 69.51 01 General Fund XEROX CORPORATION - PASADENA 220/BOW-588861, copier charges for March 2018 752.11 01 General Fund XEROX CORPORATION - PASADENA MX4-506016, Xerox 7845 Lease 3/18; click fees 2/20-3/29/18 553.83 01 General Fund ZONES Double Cell/LTE Connecting Via SMA Double WiFi Connecting 190.00 Total 01 General Fund 268,806.72 07 Impact Fund BRICON, INC place gravel in front of Reta Huskey Park pump house 1,347.35 07 Impact Fund DEBEST PLUMBING, INC 18-0242, Plumbing @ S Meridian Reg Park, Services to 3/31/18 5,841.94 07 Impact Fund FRANZ WITTE LANDSCAPE 18-0233, Landscaping @ S Meridian Reg Park, Service to 3/31/ 10,931.65 07 Impact Fund KNIFE RIVER 18-0232, Sitework @ S Meridian Reg Park, Services To 3/25/18 156,142.47 07 Impact Fund SILVER CREEK SUPPLY power supplies for irrigation controllers for SMRP x 5 395.14 07 Impact Fund STRATA, INC.220/Field Investigation & Drafting, St. 6 Property 2,100.00 07 Impact Fund THE LAND GROUP, INC.16-0355 A&E design services for SMRP - February 2018 13,597.25 07 Impact Fund THE LAND GROUP, INC.16-0355, Design Service for S Meridian Reg Park - March 2018 19,192.78 07 Impact Fund TVR INC 18-0252, HVAC @ S Meridian Regionl Park, Services to 3/31/18 749.55 Total 07 Impact Fund 210,298.13 Date: 4/19/18 10:17:34 AM Page: 6Meridian City Council Meeting Agenda April 24, 2018 – Page 625 of 717 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 20 Grant Fund governmental ANDERSON & WOOD CONSTRUCTION CO, INC 18-0110,CDBG Todd & Sandlewood Streetlights as of 3/27/18 29,366.19 20 Grant Fund governmental IDAHO PRESS-TRIBUNE Invitation to Bid on W. Chateau Street Lighting 135.66 20 Grant Fund governmental MURRAYSMITH INC 18-0199,CDBG W. Chateau Streetlights,Eng.service 2/28/18 8,399.50 Total 20 Grant Fund governmental 37,901.35 60 Enterprise Fund ADELLAS LUNTEY Refund, 0315220503, Wat/Sew/Trash, 2350 W Anatole St, Title 43.47 60 Enterprise Fund ALICE & NANCY ROHAN Refund, 1420127601, Wat/Sew/Trash, 1840 N Aronmink Way, Titl 40.56 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Reclaimed water testing (6 tests)146.25 60 Enterprise Fund BACKFLOW ASSEMBLY TESTING Sensing Line Qty 1 36.65 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0090, MUBS Bills 4/5/18 & Newsletter Inserts 7,759.71 60 Enterprise Fund BOWEN COLLINS & ASSOCIATES, INC 17-0319,SCADA System Updates PRV's, 3/3-3/30/18 1,654.00 60 Enterprise Fund C. H. SPENCER Temp limiter, repair kit to rebuild pump 2 - qty 2 636.00 60 Enterprise Fund CAREER UNIFORMS Shirts for Leslea Basterrchea (2 qty)44.80 60 Enterprise Fund CAREER UNIFORMS Vest for Kyle Radek 33.95 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0258,ACHD Linder/Franklin-RR, services 3/1-3/31/18 3,287.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0366,ACHD Meridian/Cherry-Ustick Utilities 3/1-3/31/18 968.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0071,17-0366,ACHD Pine/Meridian-Locust 3/1-3/31/18 3,363.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0221,Well 30 Pumping Fac Design serv, 3/1-3/28/18 - Final 363.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0167,Watermain Rep,NW 11th,Consulting service 3/1-3/31/18 6,707.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS Cherry Lane PRV Eng service 2/1-2/28/18 625.00 60 Enterprise Fund COMMUNITY PLANNING ASSOC FY18 Annual Compass Membership Dues - 3rd Quarter 7,223.50 60 Enterprise Fund CORDER EXCAVATION LLC Refund, 8800004202, Hydrant Meter Rental 159.00 60 Enterprise Fund CRAIG GARDNER & MICKI LAWSON Refund, 0392091203, Wat/Sew/Trash, 6195 N Silver Elm Way, Ti 58.68 60 Enterprise Fund D & B SUPPLY Blades, turbo saw, pruner, lopper, & steel lock (7 qty)91.43 60 Enterprise Fund D & B SUPPLY Dairy pail-8 qt 8.19 60 Enterprise Fund D & B SUPPLY Safety Boots for M. Hernandez Qty 1 143.99 Date: 4/19/18 10:17:34 AM Page: 7Meridian City Council Meeting Agenda April 24, 2018 – Page 626 of 717 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 DC ENGINEERING 17-0405,WWTP Primary Elect.Dist.System, Permitting 3/15/18 1,000.00 60 Enterprise Fund DECKER PROPERTY MGMT Refund, 1840020802, Wat/Sew/Trash, 1945 N Justin Ave, Both D 34.21 60 Enterprise Fund DEPT OF HEALTH & WELFARE Chlorophyll-a lab testing (18 tests) 2/14/18-3/21/18 1,350.00 60 Enterprise Fund DIGLINE, INC.Digline Monthly Tickets Qty 875 - March 2018 1,564.46 60 Enterprise Fund DISCOVERY BENEFITS Flex Deductions - April 2018 5,763.56 60 Enterprise Fund DIVISION OF BLDG SAFETY 2018 Annual Elevator Certification Fee for the Lab bldg 125.00 60 Enterprise Fund DUSTIN & KAMERON ALDOUS Refund, 4655060504, Wat/Sew/Trash, 1877 E Melwood St, Custom 67.30 60 Enterprise Fund ENVISION HOMES Refund, 8800024408, Hydrant Meter Rental 159.00 60 Enterprise Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Remove & Install new Antenna C15079 148.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing 3/26/18 5,212.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing, Metals 1/29/18 180.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing, Non-Micro 3/6/18 496.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing, Non-Micro, Soc/Voc Compliance 3/6/18 208.00 60 Enterprise Fund EWING CO., INC.18-0205,Tertiary Filter Bldg,Const Services 1/9-3/31/18 22,197.70 60 Enterprise Fund EXECUTRAIN OF IDAHO Registration, T. Reuter, Visio for Beginners, Boise ID, 5/9/ 350.00 60 Enterprise Fund FASTENAL COMPANY Hi-Vis safety vests sizes med, lg, xlg, & 3xlg (24 qty)172.80 60 Enterprise Fund FASTENAL COMPANY Hole Saw, 4-Drawer Rack, Drawer, Pruning Blade - Qty 16 345.67 60 Enterprise Fund FASTENAL COMPANY Nitrile gloves (xL), hi-vis safety vest (sm, med, lg, xlg 367.07 60 Enterprise Fund FERGUSON ENTERPRISES INC.Brass ball valve 2 inch (4 qty)388.44 60 Enterprise Fund FERGUSON ENTERPRISES INC.Rental of a fusion machine 120.00 60 Enterprise Fund FISHER SCIENTIFIC Microcope slide covers, slides, pH buffers - qty 46 637.65 60 Enterprise Fund FLAGPOLE FARM US & State Flags 230.00 60 Enterprise Fund GRANITE EXCAVATION, INC Refund, 8800003805, Hydrant Meter Rental 159.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Pipe to clean HVAC heater 1, tertiary filter bldg 1-qty2 29.88 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Arte, Case# 352719, Child Support April 2018 420.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Kerr, Case# 344238, Child Support April 2018 405.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING M. Edwards, Case# 354376, Child Support April 2018 221.64 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING N. Howell, Case# 326566, Child Support April 2018 299.00 60 Enterprise Fund IDAHO DEPARTMENT of LABOR #0007001746 - 1st Quarter 2018 Unemployment 1,143.00 60 Enterprise Fund IDAHO MATERIALS & CONSTRUCTION Refund, 8800001602, Hydrant Meter Rental 159.00 60 Enterprise Fund IDAHO PRESS-TRIBUNE Invitation to Bid on Well 22 Water Treatment, 3/23 & 3/30/18 69.00 60 Enterprise Fund IRMINGER CONSTRUCTION 17-0326,WRRF BRO Upgrades,Const.Service 3/1-3/31/18 148,592.45 Date: 4/19/18 10:17:34 AM Page: 8Meridian City Council Meeting Agenda April 24, 2018 – Page 627 of 717 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 JACK HENRY & ASSOCIATES INC Bank Processing Fees - April 2018 682.63 60 Enterprise Fund JACOB & JAZZMIN SIMPSON Refund, 0919010303, Wat/Sew/Trash, 972 W Apple Pine St, Titl 95.45 60 Enterprise Fund JC CONSTRUCTORS INC 18-0066,WRRF CApacity Exp.,Const. services as of 3/31/18 838,184.66 60 Enterprise Fund JENNIFER & GORDON CLARK Refund, 3669087203, Wat/Sew/Trash, 1919 SE 3rd Way, Title Co 62.31 60 Enterprise Fund JOHN & BETTY MALLON Refund, 1522125803, Wat/Sew/Trash, 1940 N Waterfall Ave, Tit 49.81 60 Enterprise Fund JUB ENGINEERS 16-0377,Water/Sewer Rep. East State,Eng services 2/4-3/3/18 2,343.20 60 Enterprise Fund JUB ENGINEERS 17-0025,Blackcat Trunk Sewer Ph5,services 2/4-3/3/18 5,798.80 60 Enterprise Fund JUB ENGINEERS 18-0104,On Call Modeling Master Plan,Eng Services 2/4-3/3/18 3,616.90 60 Enterprise Fund JUSTIN & SHANNON GRAVES Refund, 1842309204, Wat/Sew/Trash, 2766 N Chancery Way, Titl 113.46 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Bearings to rebuild Penn Valley pump @ primary clarif 3-qty2 167.10 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Poly chain GT carbon belt 71.55 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Poly chain GT carbon belt (2qty)149.86 60 Enterprise Fund KIRBY J. & SARAH D. EVANS-HEATH Refund, 4530071202, Wat/Sew/Trash, 1035 E Wrightwood Dr, Cus 38.30 60 Enterprise Fund LAWN CO MAINTENANCE 18-0290 price code 2/landscape maint contract 04/2018 2,705.75 60 Enterprise Fund LAYNE of IDAHO, INC.Well 15 Reconstruction/Pull motor/pump 3/8/18 1,072.00 60 Enterprise Fund LAYNE of IDAHO, INC.Well 22 Assessment FY18,Repair Pump,services 2/6/18 4,175.00 60 Enterprise Fund LEWIS & GAYLA CAMPOPIANO Refund, 3434605402, Wat/Sew/Trash, 3562 E Mackay Dr, Custome 58.35 60 Enterprise Fund LIBERTY PROCESS EQUIPMENT INC O-rings, gear joints, drive shaft, gasket, head ring- qty14 4,850.80 60 Enterprise Fund LISA KERNAN Refund, 1632126606, Wat/Sew/Trash, 2572 N Parkbury Ave, Titl 81.96 60 Enterprise Fund LUCY WILSON Refund, 1419111602, Wat/Sew/Trash, 2691 N Silverleaf Way, Cu 95.82 60 Enterprise Fund MARGRETH NIELSEN Refund, 2404201008, Wat/Sew/Trash, 2118 W Sunny Slope Dr, Bo 43.32 60 Enterprise Fund MARY GREENE Refund, 1843242402, Wat/Sew/Trash, 2051 N Justin Way, Title 122.97 60 Enterprise Fund MASTERCARD MC Pre-Pay WW, #0596, Low Balance as of 4/13/18 2,000.00 60 Enterprise Fund MIDPOINT BEARING Bearings to repair pump 1, centrate bldg (5 qty)274.79 Date: 4/19/18 10:17:34 AM Page: 9Meridian City Council Meeting Agenda April 24, 2018 – Page 628 of 717 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 MIDPOINT BEARING Oil seal to repair pump 1, centrate bldg 47.33 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0218,WRRF BRO Upgrades Const service thru 3/30/18 1,420.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0116,Well 28 Treatment,Eng services thru 3/30/18 16,528.25 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Alum 2 in thread female coupling x hose shank conn - qty 3 31.29 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Alum 2 in thread male adapter x hose shank conn - qty 3 16.56 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Socket set 153.81 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Wrench sets & socket set (3 qty)222.29 60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change & Rear Differntial Service C15632 97.58 60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change C19968 55.19 60 Enterprise Fund NICHOLAS & MINDY PILLING Refund, 2404123805, Wat/Sew/Trash, 2484 W Carlton, Customer 80.67 60 Enterprise Fund NORCO Cylinder Rental 61.44 60 Enterprise Fund NORCO Ext Bracket Cone End Hose, ABC Extinguisher, Oxygen Acetlene 288.77 60 Enterprise Fund O'REILLY AUTO PARTS Battery Replacement #C18965 165.84 60 Enterprise Fund O'REILLY AUTO PARTS Credit for incorrect charge for Core Return C18965 (10.00) 60 Enterprise Fund O'REILLY AUTO PARTS Mini Bulb Replacement Qty 1 C15281 5.75 60 Enterprise Fund O'REILLY AUTO PARTS Wiper Blades Qty 2 C13732 28.56 60 Enterprise Fund OFFICE DEPOT, INC.Drinking Cups for Break room Qty 2 6.20 60 Enterprise Fund OFFICE DEPOT, INC.Redi Strip Envolopes Qty 1 31.05 60 Enterprise Fund OXARC, INC.18-0091 Sodium Hypochlorite Delivery Qty 875gl 1,468.25 60 Enterprise Fund PACIFIC BACKFLOW Labor & part to repair backflow device by shed north of Lab 432.00 60 Enterprise Fund PATTI WILSON Refund, 1631302807, Wat/Sew/Trash, 1339 W Chateau Ave, Custo 26.22 60 Enterprise Fund PHOENIX COMMERCIAL CONSTRUCTION Refund, 8800014804, Hydrant Meter Rental 517.50 60 Enterprise Fund SEAN & ANNAMARIE SENSENIG Refund, 4420011101, Wat/Sew/Trash, 3424 S Arcaro Ave, Title 25.17 60 Enterprise Fund SEAN & JENNIFER WEST Refund, 3232438603, Wat/Sew/Trash, 2316 E Clifton Dr, Custom 71.67 60 Enterprise Fund SHRED-IT USA, LLC.Document Shredding for MUBS, Finance, & Clerks - March 2018 100.07 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Socket cap, CPVC cement & socket coupling (6 qty)40.98 60 Enterprise Fund SUPERIOR CONSTRUCTION & EXCAVA Refund, 8800001504, Hydrant Meter 66894517 Rental, Customer 113.57 Date: 4/19/18 10:17:34 AM Page: 10Meridian City Council Meeting Agenda April 24, 2018 – Page 629 of 717 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 SUPERIOR CONSTRUCTION & EXCAVA Refund, 880000694, Hydrant Meter 83282649 Rental, Customer 349.00 60 Enterprise Fund SYNCB/AMAZON Badge Holder Qty 5 66.08 60 Enterprise Fund SYNCB/AMAZON Plastic jars for PW week Expo Lab display (2 pks)35.98 60 Enterprise Fund T-ZERS SHIRT SHOP Clothing for L. Basterrechea, G. Carpenter, J. Whiton-qty10 118.00 60 Enterprise Fund THE UPS STORE Returned parts to CUES 93.68 60 Enterprise Fund UNI-BELL PVC PIPE ASSOCIATION Registration to attend Review of Water Break Rates in USA 99.00 60 Enterprise Fund UNITED WAY OF TREASURE VALLEY #17426 April 2018 Donations 77.00 60 Enterprise Fund WILLIAM & JOANNE DAVEY Refund, 0885012804, Wat/Sew/Trash, 4164 N Beaham Pl, Custome 53.23 60 Enterprise Fund WW GRAINGER, INC Coupler pump to replace spring on motor 12, boiler loop-qty2 111.08 60 Enterprise Fund WW GRAINGER, INC Pressure gauge 22.10 60 Enterprise Fund YEA-WEN LU Refund, 3565060006, Water/Sew/Trash, 1941 E Doberman Dr, Cus 75.39 Total 60 Enterprise Fund 1,115,989.35 Report Total 1,632,995.55 Date: 4/19/18 10:17:34 AM Page: 11Meridian City Council Meeting Agenda April 24, 2018 – Page 630 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 8A Project/File Number: H-2018-0012 Item Title: Oberg Subdivision Public Hearing Continued from April 17, 2018 for Oberg Subdivision (H-2018-0012) by DevCo, LLC located_ at 2855 N. Wingate Lane 1. Request: Annexation and Zoning of 4.79 acres of land with an R-15 zoning district; and 2. Request: Preliminary Plat consisting of 25 single-family residential building lots, 3 common lots and 1 other lot on 4.79 acres of land in the proposed R-15 zoning district Meeting Notes C✓i APPROIED CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 24.2018 Item # 8A Project Number: Project Name: Please print your name H-2018-0012 Oberg Subdivision For I Against I Neutral Do you wish to testify (Y/N) r �� Planning and Zoning Commission Meeting April 24, 2018 Item #8A: Oberg Subdivision Preliminary Plat Conceptual Renderings/Photos Item #8B: Summertown Subdivision Vicinity/Zoning Map Proposed Concept Plan Conceptual Building Elevations Conceptual Building Elevations Conceptual Building Elevations Conceptual Building Elevations Item #8C: Gramercy Heights No. 2 Item #8D: Trilogy Changes to Agenda: None Item #8A: Oberg Subdivision (H-2018-0012) Application(s): Annexation & Zoning Preliminary Plat Size of property, existing zoning, and location: This site consists of 4.79 acres of land, zoned RUT in Ada County, located at 2855 N. Wingate Ln. History: None Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) Summary of Request: The applicant requests annexation & zoning of 4.79 acres of land with an R-15 zoning district for the development of SFR homes (22 attached & 3 detached units) at a gross density of 5.21 units/acre consistent with the MDR FLUM designation. A preliminary plat is proposed that consists of 25 SFR building lots, 3 common lots and 1 other lot on 4.79 acres of land. The subdivision is proposed to develop in one phase. Access is proposed via the extension of E. Kamay Street at the west property boundary; an emergency only access is proposed at the east boundary via the existing private street (Wingate Ln.) from Ustick Rd. Two (2) stub streets are proposed to the properties to the east for future extension ad interconnectivity upon redevelopment of those properties. Staff is recommending an additional stub street (N. Lapis Ave.) is provided to the north boundary. A 15’ wide road access for Wingate Ln. & utility easement exists along the east boundary of this site and is proposed to be located within adjacent building lots until such time as it’s no longer needed for access to adjacent properties. At that time, the easement may be vacated and the area absorbed by the adjacent building lots – until that time, the easement area is to remain as-is for use by adjacent property owners for access to their properties. Because this property is below 5 acres in size, qualified open space & site amenities are not required by the UDC; however, the applicant is proposing 0.86 of an acre (or 17.95%) of open space consisting of the common lot where the South Slough/Finch Lateral is located through the middle of this site. A segment of the City’s multi-use pathway system is also proposed along the north boundary of the waterway. Conceptual buildings elevations for the proposed SFR homes were submitted that demonstrate the quality & style of development proposed; all units are proposed to be single-story in height. All SFR attached homes are required to obtain design review approval & comply with the standards in the ASM. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Jim Conger ii. In opposition: None iii. Commenting: None iv. Written testimony: Laren Bailey v. Key Issue(s): None Key Issue(s) of Discussion by Commission: None Commission Change(s) to Staff Recommendation: i. Amend condition #1.3.5 to reflect the HOA, not the applicant, will have on ongoing obligation to maintain all pathways. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0012, as presented in the staff report for the hearing date of April 24, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0012, as presented during the hearing on April 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0012: to the hearing date of April 24, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8B: Summertown (H-2017-0142) Application(s): Annexation & Zoning Size of property, existing zoning, and location: This site consists of 15.13 acres of land, zoned RUT (Ada County), located at 745 W. Ustick Road. Comprehensive Plan FLUM Designation: MU-C Summary of Request: The applicant requests annexation and zoning of 15.13 acres of land with the TN-R zoning district. NOTE: The TN-R zoning designation lists multi-family developments as a permitted use, and doesn’t require another public hearing. Commission Recommendation: Approval with conditions A conceptual development plan was submitted that depicts a 272-unit multi-family consisting of ten (10) multi-family structures (three and four stories in height), a clubhouse and nine (9) single family residential lots approximately 3 acres of open space including the following amenities: a pool, two (2) play structures, a clubhouse, an outdoor patio, dog park and water feature. After the Planning and Zoning Commission hearing on March 15, it has come to staff’s attention that there is a property boundary dispute between the subject property and the property to the east. A portion of the property to be annexed was not included in the annexation request. Annexing the property as is would create what is commonly known as a spite strip, or a portion of a parcel that is within two separate jurisdictions. The Meridian Planning & Zoning Commission heard these items on December 7, 2017, December 21, 2017, January 4, 2018, February 15, 2018 and March 15, 2018. At the public hearings, the Commission moved to recommend approval of the subject Annexation and Zoning request. a. Summary of Commission Public Hearing: i. In favor: Kent Brown (Applicant’s Representative), Adam Garcia, Devan Robinette, Joe Simunich ii. In opposition: Vida Ballard, iii. Commenting: Vida Ballard, Bill Jackson, Katherine Garcia, Tyler Moss, Adam Garcia, Kent Brown, Devan Robinette, Tamara Haron, iv. Written testimony: Bethany Dewitt, Carrie Hovey, Dan Adams, Diane Ryssel, Kira Bishop-Loya, Lance Mertz, Lin Pyles, Mari Jo Hessler, Rosemary Taylor, Ryan Kruger, Susan Littlefield, Tyler moss v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. The large number of apartments being constructed in the area ii. Traffic congestion in the area currently c. Key Issues of Discussion by Commission: i. Why the proposal change from senior housing, commercial and multifamily to just multifamily? ii. Are four-story building appropriate for the parcel in relation to Ustick and existing single-family homes? iii. Is the transition to the existing single-family homes appropriate? d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1d to read as follows: Prior to the Commission hearing, the applicant shall provide greater detail with further development to ensure that the architecture complies with the Architectural Standards Manual. The property shall be subdivided prior to receipt of any building permits for the project. ii. Modify condition 1.1.1G(1) to read as follows: The northern access to Venable shall be utilized as an emergency access only. iii. Eliminate condition 1.1.1(G)7. e. Outstanding Issue(s) for City Council: i. Property boundary dispute. See description above. Written Testimony Since Commission Hearing: Kira Bishop-Loya, Line Pyles, Susan Littlefield, Mari Jo Hessler, Carrie Hovey, Diane Ryssel, Bethany Dewitt, Dan Adams, Ryan Kruger, Lance Mertz, Rosemary Taylor, Chris Williams Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0142, as presented in the staff report for the hearing date of April 24, 2018, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0142, as presented during the hearing on April 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0142 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #8C: Gramercy Heights No. 2 (H-2018-0025) Application(s): Miscellaneous Size of property, existing zoning, and location: This site consists of 4.59 acres of land, zoned R-15, located south of Overland Road; west of S. Eagle Road. Summary of Request: In 2017, the City approved Gramercy Heights No. 2. This is the second and final phase of the Gramercy Heights development and consists of 31 buildable lots and 1 common lot on approximately 4.59 acres in the R-15 zoning district. As a condition of approval, the applicant had approximately four months to obtain City Engineer’s signature on this plat (expiration date: 11/10/2017). The reason for such a short time period was based on the date the first phase received City Engineer’s signature (11/10/15; 2 years from the date of the most recent signature). The UDC requires that the applicant submit an administrative time extension prior to the expiration date to keep a subdivision valid. Because the applicant thought the date was an error in the staff report, they did not submit one. The applicant has received approval of their construction drawings and that work has commenced on the site. Staff believes having the applicant start over is not in the best interest of the City and respectfully request that the Council approve the request to extend the expiration date of the plat for an additional 6 months from the date of the miscellaneous hearing. Moving forward Staff is working with the IT Department to develop a plat tracking report through our Accela system to avoid these mishaps and inform our customers of their expiration dates. Written Testimony: Notes: Item #8D: Trilogy (H-2018-0024) Application(s): Miscellaneous Size of property, existing zoning, and location: This site consists of 28.16 acres of land, zoned R-8, located on the south side of Chinden Boulevard and east of N. Black Cat Road. Summary of Request: In 2015, the City approved the Trilogy Subdivision. The plat consisted of 144 buildable lots and 9 common lots on 28.16 acres of land, zoned R-8. In 2016, a first phase of the final plat was approved that consisted of 51 buildable lots and 5 common lots. As part of those approvals, the Developer was given two years to obtain City Engineer’s signature on a final plat (expiration date: 10/20/2017). Recently, it has come to our attention the plat has expired and a portion of this property was sold off to the Brighton Corporation which is slated to be part of the Bainbridge Subdivision. In February (after the expiration date), the City approved a performance surety to guarantee the completion of the improvements. Per the applicant, the construction of the subdivision has commenced, all underground utilities are 100% completed and curb, gutter and sidewalks and roadways are constructed. In the applicant’s narrative, he also states that the subdivision improvements are sl ated to be completed by April 2018. Because of the time that has elapsed, the applicant was able to apply for an administrative time extension in accord with the UDC. Both Planning and Legal agreed that the miscellaneous application was an option for the applicant to pursue extension of the expired plat, without starting over. Staff believes having the applicant start over is not in the best interest of the City (tied to a recorded development agreement) and respectfully request that the Council approve the request to extend the expiration date of the plat for an additional 6 months from the date of the miscellaneous hearing. Moving forward Staff is working with the IT Department to develop a plat tracking report through our Accela system to avoid these mishaps and inform our customers of their expiration dates. Written Testimony: None Notes: Oberg Neighborhood Vicinity Map Verado Community Oberg Neighborhood Verado Community Oberg Neighborhood Cottage Collection Oberg Neighborhood Ongoing Conditions of Approval Item 1.3.5 – o The applicant shall have an ongoing obligation to maintain all pathways. Replace the word “applicant” with HOA. P & Z Commission Recommendations for Approval Park and Playground Neighborhood Playground Comprehensive Plan Map Finch Lateral Meridian City Council Meeting Agenda April 24, 2018 – Page 632 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 633 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 634 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 635 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 636 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 637 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 638 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 639 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 640 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 641 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 642 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 643 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 644 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 645 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 646 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 647 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 648 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 649 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 650 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 651 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 652 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 653 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 654 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 655 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 656 of 717 Meridian City Council Meeting Agenda April 24, 2018 – Page 657 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 8B Project/File Number: H-2017-0142 Item Title: Summertown Subdivision Public Hearing for Summertown Subdivision (H-2017-0142) By 745 W Ustick, LLC, Located at 745 W Ustick Road Request: An Annexation and Zoning of 15.13 Acres of Land with a TN -R Zoning District Meetina Notes C'o�I'l Mtiy CITY OF MERIDIAN pc� CITY COUNCIL PUBLIC HEARING SIGN—IN SHEET Date: April 24,2018 Item # Project Number: Project Name: H-2017-0142 Summertown Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) 61we iME e let c 1T J� v PHocnix4S -mow IJMMFRTOWN DEVELOP aw .g . _ - 9 0 HOUSTON a BU% TBCH Mao plow i _ � I , Is qr PHocnix COMMER C IAL CONSTRUCT ION 4 :f m. ,.16 e _ e r- r.� In Aw 1p ado 4 - _ ti, 7i Ai 'r 4�i s f _ 4M I wi. Ar ip V m i - �' 4 n - '* l i �t i i T s S. 4L OF- fe HOUSTON a BU13ATSCH ARCHITECTS, CHARTERED IJMMFRTC)WN DEVELOP PHocnix.,"--.. C 0 M M ER C IAL C0N5TRUC 1 10 n, z4. �• yAil' n vV � . m r i. 1 � Y+! �� a uY�; �. '. 1 ; .. , ,�n ` '.., •F _ a .. y J 9 ' . n I if ` 111� ° . 17 r� A 1� J4 I�yy Irg elm ik ,.. 3 ° Alt r it c ■ _ , I f 1 - r: - �. 4p , t�. � 1 'M HOUSTON a BUG TBCH -7 J A ,}t o` 10 e T AWL wj[r t m ar •. s' _p • _ _ _rte ._ ._ e e _ y y l I � w Ifs ..'a•_ F "Alm �r JAI • • r. w a d s tom... -�n `�.. � •� 1• +-�, . .,r low 1 - e 1Y n -d yy , - - PYA �: • .. , — _ ''�+-�. Apr lb n r , 1 i a - IF a j� J - — 61 ML P IJMMFRTC)WN DEVELOP PHocnix, HOUSTON a BU% TBCH COMMER C IAL CONSTRUCT ION - - •:. �. _ s • � �., ° ., _ _ a, f- P.: 'y 7a `4y . - _ . { µ,.ms '�.'-' _ _ _, � ':�!' _ +y `�' f - S • .. .. _ _ . _ t om - — u, t _. � � N, ., 5 � -ar; A . MEL 1w-0 4 =._jo law-- '°R, ... - - JL a 1 � r•A • r y. 10 T. a on a J J PHocnix I = IJMMFRTC)WN DEVELOP 13- —100111911-1% It IIY't• _ � AM • de F J. a a . U ice! L : ' `+ 4 f �,� � - ,,,jam• ;!' W HOUSTON a BU% TBCH 4.L ' At - All 1p As 04i r mv A# +i _ JF J P — At - All 1p As 04i r mv A# it I JF "+la j it I Page | 1 STAFF REPORT Hearing Date: April 24, 2018 TO: Mayor & City Council FROM: Bill Parsons, Planning Supervisor (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2017-0142 – Summertown – AZ 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, 745 W. Ustick, LLC, has submitted an application for annexation and zoning (AZ) of 15.13 acres of land with a TN-R zoning district. A concept plan, landscape plan and elevations have been submitted with the annexation request that depicts a 272-unit multi-family development and nine (9) single family residential lots. After the Planning and Zoning Commission hearing on March 15, it has come to staff’s attention that there is a property boundary dispute between the subject property and the property to the east. A portion of the property to be annexed was not included in the annexation request. Annexing the property as is would create what is commonly known as a spite strip, or a portion of a parcel that is within two separate jurisdictions. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the requirement of a Development Agreement that includes the provisions noted in Exhibit B of the staff report, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on December 7, 2017, December 21, 2017, January 4, 2018, February 15, 2018 and March 15, 2018. At the public hearings, the Commission moved to recommend approval of the subject Annexation and Zoning request. a. Summary of Commission Public Hearing: i. In favor: Kent Brown (Applicant’s Representative), Adam Garcia, Devan Robinette, Joe Simunich ii. In opposition: Vida Ballard, iii. Commenting: Vida Ballard, Bill Jackson, Katherine Garcia, Tyler Moss, Adam Garcia, Kent Brown, Devan Robinette, Tamara Haron, iv. Written testimony: Bethany Dewitt, Carrie Hovey, Dan Adams, Diane Ryssel, Kira Bishop-Loya, Lance Mertz, Lin Pyles, Mari Jo Hessler, Rosemary Taylor, Ryan Kruger, Susan Littlefield, Tyler moss v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. The large number of apartments being constructed in the area ii. Traffic congestion in the area currently c. Key Issues of Discussion by Commission: Meridian City Council Meeting Agenda April 24, 2018 – Page 659 of 717 Page | 2 i. Why the proposal change from senior housing, commercial and multifamily to just multifamily? ii. Are four-story building appropriate for the parcel in relation to Ustick and existing single-family homes? iii. Is the transition to the existing single-family homes appropriate? d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1d to read as follows: Prior to the Commission hearing, the applicant shall provide greater detail with further development to ensure that the architecture complies with the Architectural Standards Manual. The property shall be subdivided prior to receipt of any building permits for the project. ii. Modify condition 1.1.1G(1) to read as follows: The northern access to Venable shall be utilized as an emergency access only. iii. Eliminate condition 1.1.1(G)7. e. Outstanding Issue(s) for City Council: i. Property boundary dispute. See description above. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve of File Number H- 2017-0142 as presented in staff report for the hearing date of April 24, 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-2017-0142 as presented in staff report for the hearing date of April 24, 2018 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2017-0142 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 745 W. Ustick Road (Parcel # S1201121103) The site is located in the NE ¼ of Section 1, Township 3N., Range 1W. b. Owner/Applicant: Ruby E. Ward 745 W. Ustick Road Meridian, ID 83646 c. Representative: Devan Robnett, Phoenix Commercial Construction, LLC 1307 N. 39th Street Suite 102 Nampa, ID 83687 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for annexation and zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. Meridian City Council Meeting Agenda April 24, 2018 – Page 660 of 717 Page | 3 b. Newspaper notifications published on: January 26, 2018 c. Radius notices mailed to properties within 300 feet on: January 19, 2018 d. Applicant posted notice on site by: January 29, 2018 6. LAND USE a. Existing Land Use(s): The subject property consists of a rural residence and several outbuildings; zoned RUT in Ada County. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: 1. North: Commercial property, zoned C-N 2. East: Commercial property, zoned C-2; and agricultural land, zoned RUT 3. South: Single family residential property in the Vallin Court Subdivision, zoned R-8 4. West: Single family residential homes and the Crossfield Apartments in the Crossfield Subdivision, zoned TN-R and R-8. c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer: A sewer main intended to provide service to the subject parcel currently exists to the south in N. Ridgebury Avenue. Location of water: Water mains intended to provide service to the subject site currently exists in W. Ustick Road and in N. Ridgebury Avenue. Issues or concerns: Applicant shall be required to make water connections with each of the available sources, as well as install a 12-inch diameter water mainline in N. Venable Lane. e. Physical Features: 1. Canals/Ditches Irrigation: Staff is unaware of any canals/ditches that may exist on the site. 2. Hazards: Staff is unaware of any hazards that may exist on the site. 3. Flood Plain: This property is not within the floodplain overlay district. 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated “Mixed Use – Community” (MU-C) with a Neighborhood Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. In these areas the City seeks a centralized, pedestrian-oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale development. Neighborhood Centers should serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation. Neighborhood Center developments are encouraged to be designed according to the conceptual neighborhood center plan. The grid street pattern within the neighborhood allows traffic to disperse, eases congestion, slows traffic, and is safer for residents. In addition to the items listed for the MU-C designation, the following items will be used in reviewing development applications in all MU-C areas with an N.C. overlay: Four specific design elements should be incorporated into a Neighborhood Center development: a) street connectivity, b) open space, c) pathways, and d) residential density that is eight dwelling units per acre or more. Meridian City Council Meeting Agenda April 24, 2018 – Page 661 of 717 Page | 4 Most blocks should be no more than 500’ to 600’, similar to Old Town and Heritage Commons; larger blocks are allowed along arterial streets. Reduced travel lane widths are encouraged. The design should provide an interconnected circulation pattern that is convenient for automobiles, pedestrians, and transit. The centers should offer an internal circulation system that connects with adjacent neighborhoods and regional pathways, connecting to and integrated with the larger street and pathway system. Developments should provide neighborhood accessible commercial services that do not force residents onto arterial streets. Developments should provide a variety of housing choices and types. Housing within developments should be arranged in a radiating pattern of lessening densities from the core. Alleys and roadways should be used to transition from dissimilar land uses, or residential densities. The applicant is proposing a mix of multi-family and single-family residential uses at an overall gross density of 18.57 dwelling units per acre, which is slightly above the density of 3 to 15 dwelling units desired in the MU-C designation. Most of the density is in the form of the multi-family development. Staff believes that interconnectivity between this development and the development to west could be enhanced if the applicant would align the intersections at W. Stanhope and the driveway constructed with the Crossfield Apartment complex to the west. There is not a small-scale commercial/entertainment/office component planned for the site as detailed in the NC designation, only a mix of residential. However, there is commercial property zoned C-C and C-N across the street on the north side of Ustick Road, which should provide the commercial component of the NC designated area. It is important to note that when the apartments to west came through as part of a rezone application, staff contemplated a commercial component as part of this property which provided a justification to allow additional residential units to the west. A commercial component is not proposed as part of this application. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.4. “Restrict curb cuts and access points on collectors and arterial streets.” (3.06.02D) Direct lot access is not proposed to W. Ustick Road, an arterial street. The concept plan depicts 3 access points N. Venable Lane which is designated as a residential collector on ACHD’s Master Street Map. If the applicant would align the northern driveway with the adjacent apartment complex to the west and the public street with W. Stanhope to the west, staff finds the applicant could eliminate the middle access to N. Venable Lane. “Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.).” (3.06.02F) Meridian City Council Meeting Agenda April 24, 2018 – Page 662 of 717 Page | 5 Ustick Road is designated as an arterial roadway and Venable Ave is classified as a collector roadway. By City Ordinance, a 25-foot wide landscape buffer is required adjacent to Ustick Road and a 20-foot wide landscape buffer is required along Venable Ave. The landscape buffers must deigned in Accord with UDC 11-3B-7C and Table 11-2D-6. “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 parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.020) The applicant has provided a conceptual street design for this development and the adjacent County properties. The proposed concept plan depicts the extension of N. Ridgebury Ave. and the extension of W. Stanhope Street that will stub to the east. Further, the applicant has demonstrated how the adjacent County properties could develop without the need for an additional stub street. Since there is an adjacent County parcel to the east, commercially zoned, staff recommends that the applicant grant that parcel cross access so that property has access to Venable Lane in the future (see exhibit A.3). “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” (3.01.01B) Staff recognizes the proposed development will impact traffic, schools and parks in the area. “Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan.” (3.05.01E) The proposed development does not have a commercial component as anticipated by MU-C designated areas. However, there are adjacent commercial uses to the north that can provide small scale neighborhood uses to support the proposed development. Additional employment in the area is unknown until actual uses develop in the area. “Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities.” (3.05.02F) The applicant is proposing to provide a block of residential lots along the south boundary to provide transitional zoning to the adjacent residential lots. However, as designed the applicant is proposing to construct four-story structures that may not provide an appropriate transition between the County residents and the adjacent single family homes. Staff recommends that the applicant construct apartment buildings that are two stories along Venable Lane and Ustick Road to provide a transition to the adjacent uses. The internal buildings should not exceed three stories in height. “Develop incentives for high-density development along major transportation corridors to support public transportation system.” (3.06.02G) In the future Ustick Road will be a mobility corridor. The applicant should coordinate with VRT to see if a future bus stop is desired in this location. “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) Meridian City Council Meeting Agenda April 24, 2018 – Page 663 of 717 Page | 6 ACHD, ITD and COMPASS have provided comments on the subject application. Please review the public record for this information. “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development is near some employment and vacant commercial property that may develop with uses that could provide other employment. “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 development is near Settlers Park and Ustick Road is slated for widening this year from two lanes to five lanes. “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 multi-family residential development will contribute to the variety of housing types available within this part of the City. “Require open space areas within all development.” (6.01.01A) The proposed development is required to comply with the minimum common open space design standards listed in UDC 11-4-3-27C for multi-family developments as well as the qualified open space standards listed in 11-3G-3 for residential developments. As designed the single family portion of the development doesn’t appear to have access to the amenities or open space proposed for the multi-family residences. Per the mixed-use standards above, opens space and interconnectivity is encouraged. At the hearing, the applicant should clarify if the residents of the single family portion of the development will have access to the open space and amenities proposed for the multi-family development. In accord with the above policies and for the above-stated reasons/recommendations, staff finds the proposed use is appropriate in this location. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the TN-R district is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multi-family. A TN-R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The minimum density is six (6) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R district should be generally located adjacent to a TN-C district, along a transit corridor, or within a mixed use neighborhood. For the purposes of this title, the term residential district shall also include the traditional neighborhood residential district. B. Schedule of Use: Unified Development Code (UDC) 11-2D-2 lists the permitted, accessory, and conditional uses in the TN-R zoning district. The proposed multi-family and single-family detached dwellings are listed as principal permitted uses in the proposed TN-R zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2D-2 for the proposed TN-R zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed Meridian City Council Meeting Agenda April 24, 2018 – Page 664 of 717 Page | 7 in UDC 11-3B-7C and Table 11-2D-6. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi- family and single family detached dwellings. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). G. The site must comply with the multi-family specific use standards set forth in UDC 11-4-3-27. H. The site must comply with the subdivision standards set forth in UDC 11-6C-3. I. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi- family and single family dwellings. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. AZ: The applicant requests annexation and zoning of 15.13 acres of land with the TN-R zoning district, generally consistent with the MU-C land use designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. Site Plan: The applicant has provided a concept plan, that depicts a 272-unit multi-family consisting of ten (10) multi-family structures (three and four stories in height), a clubhouse and nine (9) single family residential lots on approximately 15 acres of land as required by UDC 11- 5B-3C(3). On the submitted concept plan the applicant has provided the open space calculations and depicted the amenities that are proposed for the future development. This information is provided below. In general, staff is supportive of the submitted concept plan. Because the multi-family use is a principally permitted use and only requires CZC and DES approval upon annexation of the property, staff is recommending that the applicant modify the concept plan as follows: 1. Align the northern and southern access with the accesses on the west side of N. Venable Lane; remove the center access driveway. 2. Venable Lane should be constructed as a complete residential collector street with the first phase of development. 3. The applicant should comply with the open space and site amenities as depicted on the submitted concept plan. Further, the site should comply with the common open space and site amenity standards specified in UDC 11-3G and UDC 11-4-3-27. 4. Cross access should be granted to the Ada County parcel #S1201120651. Cross access will not be required if the property annexes into the City with a residential district. 5. The applicant has indicated that the multi-family portion of the site is the first phase of development. The applicant has been informed that the property must be further subdivided in order to create the single family lots along the southern boundary. Staff Meridian City Council Meeting Agenda April 24, 2018 – Page 665 of 717 Page | 8 recommends a DA provision the applicant record a final plat prior to the issuance of the first occupancy permit. Future subdivision should comply with the subdivision standards set forth in UDC 11-6C-3. 6. The applicant should clarify at the public hearing if the single family residences will have access to the amenities and open space proposed for the multi-family portion of the development in accord with the mixed-use standards. 7. To provide an appropriate transition to the adjacent Ada County parcels and the single family residences, no multi-family structure should exceed three stories in height and the multi-family buildings that front along public streets shall not exceed two stories in height. Further, the proposed garage structure along the south boundary of the multi-family portion of the site shall be broken up into multiple structures to break-up the monotonous appearance of structure. Landscaping: A landscape plan was submitted with the application that shows approximately 3.114 acres of open space, or approximately 22.5% of the site. This area includes several areas of open space that are larger than 50 feet by 100 feet as well as half of the landscape buffer along Ustick Road. The applicant is required to comply with the open space requirements in both UDC 11-3-G-3 and 11-4-3-27. Amenities: The amenities included in the project include a pool, two (2) play structures, a clubhouse, an outdoor patio, dog park and water feature. The applicant is required to comply with the open space requirements in both UDC 11-3-G-3 and 11-4-3-27. The open space and amenities for the multi-family portion of the property shall be for the use of the multi-family development as well as the single family homes. Connectivity: The applicant provided an exhibit showing how future connectivity in the area. With that exhibit, staff is supportive of the single-stub street to the property to the west with the caveat that the commercial business near the northeast corner of the property be provided a cross- access if that property is to be used for a commercial use if/when the property annexes into the City. Dimensional Standards: The TN-R zoning requested by the applicant requires specific lot sizes and design elements not typically required by other zoning designations. The applicant is advised to review section 11-2D-6 of the UDC and to ensure that any proposed development conforms to this section. Future development of this site should comply with the dimensional standards set forth in UDC 11-2D-6. Parking: The conceptual site plan indicates that there will be a total of 544 parking stalls which is a ratio of 2 parking stalls per unit. Since this development is located adjacent to a collector and arterial roads which does not allow for on-street parking, the applicant has provide more parking than what is required by City ordinance. Staff is supportive of the proposed parking shown on the concept plan. The applicant is also required to provide one (1) bicycle parking stall for every 25 proposed parking stalls. On the submitted site plan the applicant has dispersed bike racks throughout the proposed concept plan. The applicant will also need to meet any requirements for ADA stalls as dictated by the International Building Code. Bile parking on the site must comply with the standards set forth in UDC 11-3C-5C and 11-3C-6G. Building Elevations: The multi-family structures within the proposed development that are visible from the street or abutting properties are required to comply with the design review standards set forth in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Meridian City Council Meeting Agenda April 24, 2018 – Page 666 of 717 Page | 9 Building materials for the proposed structures were not provided. Prior to the Commission hearing, the applicant shall provide greater detail with further development to ensure that the architecture complies with the Architectural Standards Manual. Staff is not supportive of the approved elevations for several reasons including the proposed height, and the 12-plex structures do not appear to have the required 80 square foot of private open space. At the time of this staff report staff had not yet received carport elevations. In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive Plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Concept Plan 3. Conceptual Street Layout 4. Landscape Plan (dated: 01/04/2018) 5. Proposed Elevations (NOT APPROVED) B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda April 24, 2018 – Page 667 of 717 Page | 10 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda April 24, 2018 – Page 668 of 717 Page | 11 2. Proposed Concept Plan Meridian City Council Meeting Agenda April 24, 2018 – Page 669 of 717 Page | 12 3. Proposed Conceptual Road Layout Meridian City Council Meeting Agenda April 24, 2018 – Page 670 of 717 Page | 13 4. Proposed Landscape Plan (dated: 01/04/2018) Meridian City Council Meeting Agenda April 24, 2018 – Page 671 of 717 Page | 14 Meridian City Council Meeting Agenda April 24, 2018 – Page 672 of 717 Page | 15 5. Proposed Elevations (Not Approved) Meridian City Council Meeting Agenda April 24, 2018 – Page 673 of 717 Page | 16 Meridian City Council Meeting Agenda April 24, 2018 – Page 674 of 717 Page | 17 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. A Certificate of Zoning Compliance application will not be accepted until the ordinance and development agreement are recorded. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines in the City of Meridian Architectural Standards Manual (or any updated versions thereof). b. Future development of this site shall be generally consistent with the conceptual site plan and landscape plans depicted in Exhibit A and the revisions noted in the staff report. c. The project shall comply with all of the standards of the TN-R zoning district as set forth in 11-2D-6. d. Prior to the Commission hearing, the applicant shall provide greater detail with further development to ensure that the architecture complies with the Architectural Standards Manual. The property shall be subdivided prior to receipt of any building permits for the project. e. Prior to the Planning and Zoning Commission the applicant shall provide conceptual elevations for carports. f. If the properties to the east of the subject property develop as commercial uses, the applicant shall provide a cross access between the properties. g. The site plan shall be revised as follows: 1. Align the northern and southern access with the accesses on the west side of N. Venable Lane; remove the center access driveway. The northern access to Vebable shall be utilized as an emergency access only. 2. Venable Lane should be constructed as a complete residential collector street with the first phase of development. 3. The applicant should comply with the open space and site amenities as depicted on the submitted concept plan. Further, the site should comply with the common open space and site amenity standards specified in UDC 11-3G and UDC 11-4-3-27. 4. Cross access should be granted to the Ada County parcel #S1201120651. Cross access will not be required if the property annexes into the City with a residential district. 5. The applicant has indicated that the multi-family portion of the site is the first phase of development. The applicant has been informed that the property must be further subdivided in order to create the single family lots along the Meridian City Council Meeting Agenda April 24, 2018 – Page 675 of 717 Page | 18 southern boundary. Staff recommends a DA provision the applicant record a final plat prior to the issuance of the first occupancy permit. Future subdivision should comply with the subdivision standards set forth in UDC 11-6C-3. 6. The applicant should clarify at the public hearing if the single family residences will have access to the amenities and open space proposed for the multi-family portion of the development in accord with the mixed-use standards. 7. To provide an appropriate transition to the adjacent Ada County parcels and the single family residences, no multi-family structure should exceed three stories in height and the multi-family buildings that front along public streets shall not exceed two stories in height. Further, the proposed garage structure along the south boundary of the multi-family portion of the site shall be broken up into multiple structures to break-up the monotonous appearance of structure. h. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. i. Direct access to W. Ustick Road is prohibited. j. The site shall develop with a multi-family development and shall comply with the specific use standards as set forth in the UDC 11-4-3-27. 2. PUBLIC WORKS DEPARTMENT 2.1.1 Applicant shall be required to make water connections with each of the available sources, as well as install a 12-inch diameter water mainline in N. Venable Lane. 2.1.2 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.1.3 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 676 of 717 Page | 19 2.1.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.1.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.1.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.1.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.1.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.1.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.1.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.14 All grading of the site shall be performed in conformance with MCC 11-1-4B 2.1.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.1.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.1.17 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.1.18 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.1.19 The City of Meridian requires that the owner post to the City a Warranty Surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for Meridian City Council Meeting Agenda April 24, 2018 – Page 677 of 717 Page | 20 duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 3.2 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.3 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to this application. 6. REPUBLIC SERVICES 6.1 Republic Services has no comment on this application, 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 1. Submit a traffic impact study to ACHD for this project prior to submittal of a future development application. 2. Obtain approval by the ACHD Pavement Cut Committee prior to permitting for all cuts on Ustick Road. 3. Construct Venable Lane aligned centerline-to-centerline with Venable Avenue to the north as a 36-foot street section, with vertical curb, gutter and 5-foot wide detached concrete sidewalk (or 7- foot wide attached concrete sidewalk) extending south to the existing driveway on the west. Right of way should be dedicated extending 2-feet past the back edge of sidewalk. 4. Construct Venable Lane south of the existing driveway to the neighboring apartment complex as a 29-foot street section with vertical curb, gutter and a 5-foot wide detached concrete sidewalk (or 7-foot wide attached concrete sidewalk). Right-of-way should be dedicated extending 2-feet past the back edge of sidewalk. 5. Provide written fire department approval for the reduced 29-foot street section. 6. Sign Venable Lane for “No Parking” on both sides. 7. Construct internal streets as 33-foot street sections, with curb, gutter and 5-foot wide concrete sidewalk within 47-feet of right-of-way. 8. Construct a public street providing access from Ridgebury Avenue to Venable Lane. Meridian City Council Meeting Agenda April 24, 2018 – Page 678 of 717 Page | 21 9. Provide a minimum 45-foot radius for the proposed cul-de-sac, extend right-of-way to the eastern property line, serving as a future stub street to the property to the east. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 10. Construct any public street connection to Venable Lane in alignment with Stanhope Street. 11. Note on the final plat that other than the access specifically approved with this application, direct lot access is prohibited to Ustick Road and Venable Avenue. 12. Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.) 13. Payment of impact fees is due prior to issuance of a building permit. 14. Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 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). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 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. 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. 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. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 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. 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 679 of 717 Page | 22 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 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. 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 680 of 717 Page | 23 C. Legal Description and Exhibit Map Meridian City Council Meeting Agenda April 24, 2018 – Page 681 of 717 Page | 24 Meridian City Council Meeting Agenda April 24, 2018 – Page 682 of 717 Page | 25 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Commission finds the proposed annexation to TN-R is consistent with the proposed MU- C future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds that the proposed map amendment to the TN-R zoning district is consistent with the purpose statement of the traditional neighborhood residential district and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. However, 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, 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). Per the above findings, Commission finds the proposed annexation is in the best interest of the City if the applicant enters into a DA with the City and develops the property as outlined in Exhibit B above. Meridian City Council Meeting Agenda April 24, 2018 – Page 683 of 717 x ...AIMZONING ORDINANCE MAP AMENDMENT & DEVELOPMENT AGREEMENT CHECKLIST (ACC 8-7-3 & 8-7C-1) Zoning Ordinance Map Amendment & Development Agreement request is a public hearing application GENERAL INFORMATION: Applicant: DESCRIPTION Staff: MASTER APPLICATION FORM DETAILED LETTER by the applicant fully describing the request or project and addressing the following: Reason for request Explain compliance with the appropriate Comprehensive Plan Existing Zoning, Propos d Zoning: Total Acreage to be Re-zoned.- e-zoned:List Listof any proposed modifications to the standards imposed by other regulations of the zoning ordinance: The form and name of the organization proposed to own and maintain any dedicated open space. Substance of the covenants, grants, easements, or other restrictions proposed to be imposed upon the property and structures including any proposed easements for public utilities List Specific uses proposed Other terms and conditions related to the pro2osed ro'ect Proposed Water System: Proposed Sewer System: Proposed Storm Water Management: FINANCING PROPOSAL OF PUBLIC FACILITIES if applicable) METES & BOUNDS LEGAL DESCRIPTION. One (1) paper copy & One (1) Electronic Microsoft Word Document AFFIDAVIT by proEertyowner agreeing to the submission of the Development A eement. PHASING PLAN MAP & SCHEDULE if applicable) PRE -APPLICATION CONFERENCE NOTES NEIGHBORHOOD MEETING CERTIFICATION MUST COMPLY WITH SIGN POSTING REGULATIONS ACC 8-7A-5 APPLICATION FEES: 859 ($850 base fee + $9 GIS Fee) + 0 acre (for property in excess of 10 acres) + 300 (development agreement) NOTE: Building, Engineering, and Surveying applications and fees may be required and are separate from Planning & Zoning Amlications and Fees. Supplementary information at the discretion of the Director or County Engineer may be required to sufficiently detail the proposed development within any special development area, including but not limited to hillside, planned unit development, floodplain, southwest, WUFI, Boise River Greenway, airport influence, and/or hazardous or unique areas of development. Application will not be accepted unless all applicable items on the form are submitted. This application shall not be considered complete until staff has received all required information. ADA COUNTY DEVELOPMENT SERVICES- Mailing: 200 W. Front Street, Boise, ID 83702 Email: Phone: 208-287-7900 Fa:c 208-287-7909 Page 1 of 1 VERSION: SEPTEMBER 2017 MASTER APPLICATION/PETITION REQUEST ADA COUNTY DEVELOPMENT SERVICES 200 W. Front Street, Boise, Idaho 83702. www.adaweb.net TYPE OF ADMINISTRATIVE APPLICATION: ❑ ACCESSORY USE* ❑ FARM DEVELOPMENT RIGHT ❑ FLOODPLAIN PERMIT ❑ HILLSIDE DEVELOPMENT* ❑ HIDDEN SPRINGS ADMINISTRATIVE ❑ HIDDEN SPRINGS SPECIAL EVENT ❑ LIGHTING PLAN ❑ LANDSCAPE PLAN ❑ DRAINAGE PLAN TYPE OF HEARING LEVEL APPLICATION: ❑ CONDITIONAL USE ❑ DEVELOPMENT AGREEMENT ❑ SUBDIVISION, PRELIMINARY* ❑ PLANNED COMMUNITIES* ❑ SUBDIVISION, SKETCH PLAT* phone: (208) 257-7900 fax; (208) 287-7909 ❑ MASTER SITE PLAN* ❑ EXPANSION NONCONFORMING USE ❑ ONE TIME DIVISION ❑ PRIVATE ROAD ❑ PROPERTY BOUNDARY ADJUSTMENT ❑ PLANNED UNIT DEVELOPMENT (PUD) ❑ SIGN PLAN ❑ TEMPORARY USE* ❑ VACATION ❑ VARIANCE ZONING MAP AMENDMENT ZONING TEXT AMENDMENT TYPE OF HEARING LEVEL PETITION: ❑ COMPREHENSIVE PLAN MAP OR TEXT AMENDMENT PETITION CHECKLIST TYPE OF ADDENDA: ❑ APPEAL ❑ FINAL PLAT ❑ ADMINISTRATIVE MODIFICATION ❑ TIME EXTENSION ❑ DEVELOPMENT AGREEMENT MODIFICATION REQUIRED SUBMITTALS: ❑ CHECKLIST for applicable application(s). If multiple applications, do not duplicate submittals. ❑ *SUPPLEMENTAL WORKSHEET REQUIRED SITE TNF RMATION: Section: I W Township: Range: Total Acres: /YM 7 Subdivision Name: ift Lot: Block: Site Address: 04W G*— W. City Tax Parcel Number(s): Existing Zoning: Proposed Zoning: Area of City Impact: Overlay OFFICE USE ONLY Project #.: Planning Fees/GIS: Engineering Fees! Received By: Date: Stamped VERSION 2013-09 -1- A ST AGE': ease print) ADD1s ONAL. CONTACT, if applicable: leasePrint) Naime7D��A&ff Name: Address:ills W. Ci State: Zi Address: 0 Address: e Email: Ci State: 17,-,) Zi Ci 'Ay- 74JQ State: Zi Tele hone: 5.7 -7 - IM -25 Fax: Tele hone related site inspections. I agree to indemnify, defend and hold Fax: Email Email liability resulting from any dispute as to the statements contained Com - I certify this information is correct to the best of my knowledge. ENGINES SURVEYOR, if applicable: PIeaseprint) Name: Address: Ci State: Zi ,Signature: A Iicant Date: 5 Telephone: Fax: Email: O S _ OF RECORD: .ease shat OWNM S QE R OR 3: ; leaseprint)- Name: ` Name: r Address: iL Address:ills W. Ci State: Zi Ci State: Zip: C43az-1;J Telephone: Fax: Telephone: Fax: Email: Email: I consent to this application, I certify this information is correct, I consent to this application, I certify this information is correct, and allow Development Services staff to enter the property for and allow Development Services staff to enter the property for related site inspections. I agree to indemnify, defend and hold related site inspections. I agree to indemnify, defend and hold Ada County and its employees harmless from any claim or Ada County and its employees harmless from any claim or liability resulting from any dispute as to the statements liability resulting from any dispute as to the statements contained contained in this application or as to the ownership of the in this application or as to the ownership of the property, which is property, which is the subject of the application. the subject of the application. Signature: All Owner(s) of Record Date Signature: All Owner(s) of Record Date ALL OWNER(S) OF RECORD (ON THE CURRENT DEED) MUST SIGN (Additional signature pages are Available Online, if needed} If the property owner(s) are a business entity, please include business entity documents, including those that indicate the person(s) who are eligible to sign documents. Page 2 of 2 VERSION: SEVITMBER 2017 To whom it may concern, It has come to the attention of the developers of 745 W. Ustick LLC that the property located just to the East of the property they are currently in contract on and developing was built at a zero lot line. The developer who is in the process of annexing and zoning property located at 745 W. Ustick Rd. Meridian, ID, was told that in order to meet the property line setbacks as outlined in Meridians zoning ordinances they must first find a way to those setbacks. This was accomplished by having Idaho Survey Group survey and draft a legal description for a small strip of land approx. 7,540 SF that is to be deeded to the property owners of 595 W. Ustick Rd. Currently 745 W. Ustick Rd. is zoned RUT in Ada County and 595 W. Ustick Rd. is zoned C-2 within the county, it is the developers intention to zone the strip of land C-2 so it can be easily gifted to said property owner. There will be no improvements or modifications to the strip of land, once it is deeded to the property owners of 595 W. Ustick Rd they will be responsible for maintaining the newly deeded strip of land. io-�w &Cex-- (�sTr C.,--- STATE OF IDAHO) COUNTY OF ADA) AFFIDAVIT OF LEGAL INTEREST (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: \, �- . L J�- , � ) I M -1 , \ �'C " } k Q. 1k 111� F-, r. , 1;- (name) (address) to submit the accompanying applications) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees hannless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for tl,.e purpose of site inspections related to processing said application(s). Dated this day of 1 'kN , ,�.. , 20 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. e�.•��TAR •.,�� (Notary Public for Idaho) Residing at: 6' — r !G7 �'U$L1C �:, , ��.•� •�. p ",s My Commission Expires: ! : r.:� �.� / _ -z u�,r r_.__ .'•�9TE OF •'� Community Development ■ Planning Division a 33 E. Broad«ay Avenue, Ste. 102 Meridian, Who 83642 Phone: 208-884-5533 Fac: 208-888-6854 n,rr+.nrcridiuncilv.urwrt;tnrtiut i1 f AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO) COUNTY OF ADA) n (name) (address) (city) (state) bcing first duly sworn upon, oath, dcposc and say: That I am the record owner of the property described on the attached, and i grant my permission to: :14S YUI � k'4- LL(, 1307 N 3 'S�- /oZ , �1n4 a36y7 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this _day of ., _- 20[_ '&'06� (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. �tittttttli� `P�,GREGs�O 0, ell ,T ; •� pTAgy 2 (No lic for Idaho) r • j0I/BOo z itesiding at: r �y ,r�• 0 igTE'Q pP?�My Commission Expires: --A ,Zi�11111111100 Community Development a Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-8845533 Fax: 208-88&4854 www.meridiancitv,ar lnlanninn DESCRIPTION FOR PARCEL A A parcel of land located in Government Lot 2 of Section 1, T.3N., RAW., B.M., Ada County, Idaho more particularly described as follows: Commencing at the N114 corner of said Section 1 from which the NE corner of said Section 1 bears South 89°46'48" East, 2,662.21 feet; thence along the North boundary line of said Section 1 South 89°46'48" East, 660.00 feet; thence leaving said North boundary line South 00°19'49" East, 48.00 feet to a point on the South right-of-way line of W. Ustick Road; thence along said South right-of-way line North 89046'48" West, 22.93 feet to the REAL POINT OF BEGINNING; thence leaving said South right-of-way line South 00023'17" West, 290.03 feet; thence South 89046'48" East, 26.57 feet; thence South 00019'49" East, 595.07 feet to the NW corner of Lot 21, Block 7 of Vallin Courts Subdivision as filed in Book 93 of Plats at Pages 11,208 through 11,212, records of Ada County, Idaho; thence along the exterior boundary line of said Vallin Courts Subdivision the following 2 courses and distances: thence South 00°19'49" East, 56.60 feet; thence North 89°48'21" West, 640.00 feet to the NW corner of Lot 1, Block 3 of said Vallin Courts Subdivision; thence North 00°19'50" West, 926.06 feet to a point on the South right-of-way line of W. Ustick Road; thence along said South right-of-way line North 64°44'15" East, 37.04 feet; thence continuing along said South right-of-way line South 89°46'48" East, 583.48 feet to the REAL POINT OF BEGINNING. Containing 13.67 acres, more or less, DESCRIPTION FOR PARCEL A parcel of land located in Govemment Lot 2 of Section 1, T.31N., RAW., B.M., Ada County, Idaho more particularly described as follows: Commencing at the N114 corner of said Section 1 from which the NE corner of said Section 1 bears South 89°46'48" East, 2,662.21 feet; thence along the North boundary line of said Section 1 South 89°46'48" East, 660.00 feet; thence leaving said North boundary line South 00°19'49" East, 48.00 feet to a point on the South right-of-way line of W. Ustick Road, said point also being the REAL POINT OF BEGINNING; thence along said South right-of-way line South 89°46'48" East, 155.49 feet; thence leaving said South right-of-way line South 00°01'30" West, 242.40 feet; thence North 89°46'48" West, 153.99 feet; thence South 00"19'49" East, 47.63 feet; thence North 89°46'48" West, 26.57 feet; thence North 00023'17" East, 290.03 feet to a point on the South right-of-way line of W. Ustick Road; thence along said South right-of-way line South 89°46'48" East, 22.93 feet to the REAL POINT OF BEGINNING. Containing 1.025 acres, more or less. 7729 G. § � ■ | �� | � '$ ��/|���{| � ■ � � . ||§!|§■|§| % �_�% 2 � (§d bd |d 0004 | [ � ■| B d \ §� � | :: �/§ § k k? u< b V) \ �! E §z ' 0 �< \ z LLJ. LL � { n � S g &a 2 :| » S - §b , < �2 § § §/ , m to ■� � §| \ % a \ . B d \ §� � 4/23/2018 Gmall - Reservation Summertown neighborhood meeting Approved MV m Ca l Devan Robnett <devanrobnett@gmail.com> Reservation Summertown neighborhood meeting: Approved 1 message Meridian Library District <help@mld.org> Fri, Apr 6, 2018 at 10:08 AM To: devanrobnett@gmail.com Hello devanrobnett@gmail.com, Your reservation Summertown neighborhood meeting for Small Conference Room at Chevy Lane on April 17th, 2018 at 5:00pm has been approved. You will receive a reminder 24 hours in advance of your reservation. You do not need to confirm your reservation at this time. To cancel your reservation, click the following link: https://www.mid.org/delete/28582./7l 75e330ddc986b56086841528fc551 bf5816fOa5e3757743f122a783635cb5d Your room reservation request has been approvedl If you have any further questions or requests, please call us at 208.888.4451. Thank you, Meridian Library District https://mall.google.com/maiVu/Onui=2&k--D4035ad0cl &jsverOeNArYUPo4g.en.&view=pt&q=meddian°%2011bra&search=query&th=1629bb73e3e2099O&s1m1=1 mm�Do o E�a.eca e'v nm4 &mE'" G u u��0 � o � "300 CL �`'0W=m ffi mmm 512 S0 uz m� a E_ my E E� g� c O Ci ciO z City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 8C Project/File Number: H-2018-0025 Item Title: Gramercy Heights No. 2 Public Hearing for Gramercy Heights No. 2 (H-2018-0025) by Gramercy LLC, Located South of E. Overland Rd. and West of E. Copper Point Dr. Request: City Council Review to Apply for a 6 -Month Extension to Obtain City Engineer's Signature on Gramercy Heights No. 2 Final Plat Meetina Notes CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 24,2018 Item # Project Number: H-2018-0025 Project Name: Gramercy Heights No. 2 Please print your name For Against Neutral Do you wish to testify (Y/N) Community Development Department 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org April 20, 2018 MEMORANDUM TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor CC: Bill Nary, City Clerk, Kent Brown RE: Gramercy Heights Subdivision No. 2 (H-2018-0025) Honorable Mayor and City Council, In 2017, the City approved Gramercy Heights No. 2. This is the second and final phase of the Gramercy Heights development and consists of 31 buildable lots and 1 common lot on approximately 4.59 acres in the R-15 zoning district. As a condition of approval, the applicant had approximately four months to obtain City Engineer’s signature on this plat (expiration date: 11/10/2017). The reason for such a short time period was based on the date the first phase received City Engineer’s signature (11/10/15; 2 years from the date of the most recent signature). The UDC requires that the applicant submit an administrative time extension prior to the expiration date to keep a subdivision valid. Because the applicant thought the date was an error in the staff report, they did not submit one. The applicant has received approval of their construction drawings and that work has commenced on the site. Staff believes having the applicant start over is not in the best interest of the City and respectfully request that the Council approve the request to extend the expiration date of the plat for an additional 6 months from the date of the miscellaneous hearing. Moving forward Staff is working with the IT Department to develop a plat tracking report through our Accela system to avoid these mishaps and inform our customers of their expiration dates. Meridian City Council Meeting Agenda April 24, 2018 – Page 685 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 8D Project/File Number: H-2018-0024 Item Title: Trilogy Public Hearing for Trilogy (H-2018-0024) by Challenger Development, Located at the Southeast Corner of W. Chinden Blvd. and N. Black Cat Rd. Request: City Council Review for the Purpose of Extending the Expired Plat to Allow a 6 -Month Extension to Obtain City Engineer's Signature on the Final Plat Meetina Notes rte✓ APPINED CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 24,2018 Item # Project Number: H-2018-0024 Project Name: Trilogy Subdivison Please print your name For Against Neutral Do you wish to testify (Y/N) April 20, 2018 MEMORANDUM TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor CC: Bill Nary, City Clerk, Kent Brown RE: Trilogy Subdivision (H-2018-0024) Honorable Mayor and City Council, In 2015, the City approved the Trilogy Subdivision. The plat consisted of 144 buildable lots and 9 common lots on 28.16 acres of land, zoned R-8. In 2016, a first phase of the final plat was approved that consisted of 51 buildable lots and 5 common lots. As part of those approvals, the Developer was given two years to obtain City Engineer’s signature on a final plat (expiration date: 10/20/2017). Recently, it has come to our attention the plat has expired and a portion of this property was sold off to the Brighton Corporation which is slated to be part of the Bainbridge Subdivision. In February (after the expiration date), the City approved a performance surety to guarantee the completion of the improvements. Per the applicant, the construction of the subdivision has commenced, all underground utilities are 100% completed and curb, gutter and sidewalks and roadways are constructed. In the applicant’s narrative, he also states that the subdivision improvements are slated to be completed by April 2018. Because of the time that has elapsed, the applicant was able to apply for an administrative time extension in accord with the UDC. Both Planning and Legal agreed that the miscellaneous application was the only remedy for the applicant to pursue extension of the plat, predicated on Council’s action. Staff believes having the applicant start over is not in the best interest of the City (tied to a recorded development agreement) and respectfully request that the Council approve the request to extend the expiration date of the plat for an additional 6 months from the date of the miscellaneous hearing. Moving forward Staff is working with the IT Department to develop a plat tracking report through our Accela system to avoid these mishaps and inform our customers of their expiration dates. Community Development Department 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org Meridian City Council Meeting Agenda April 24, 2018 – Page 687 of 717 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 8E Project/File Number: Item Title: Public Hearing for Proposed Homecourt Fees Resolution No. 18-2074 : A Resolution Adopting New Fees Of The Meridian Parks And Recreation Department; Authorizing The Department To Collect Such Fees; And Providing An Effective Date Meetina Notes 9 APPROVED CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 24,2018 Item # Project Number: Project Name: E:N Proaosed Homecourt Fees Please print your name For Against Neutral Do you wish to testify (Y/N) City of Meridian 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 www.meridiancity.org April 18, 2018 MEMORANDUM TO: C.Jay Coles CC: Steve Siddoway, Colin Moss FROM: Garrett White RE: Homecourt Membership Fees C.Jay, The Council agenda item “Proposed Homecourt Fees” will be based on a Monthly Court Membership fee for the Homecourt Facility. The YMCA currently offers this type of membership for those who only participate in Pickleball, Noon Basketball, and Open Court times. When the YMCA’s lease agreement is up on May 25 th , we plan to continue these programs and would like to include this type of membership to keep the transition from YMCA programming to the City programming as smooth as possible. We’re happy to answer any questions there may be in advance of the Council meeting on the 24 th . Thank you! Garrett White Homecourt Facility Manager Meridian City Council Meeting Agenda April 24, 2018 – Page 689 of 717 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on April 24, 2018, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new fees as set forth below. Further information regarding these fees is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk’s Office at (208) 888-4433 at least 48 hours prior to the public hearing. Homecourt Court Membership Monthly Fees $15.00 Meridian Resident Youth 17 years of age and under $15.00 Meridian Resident Seniors (55+ years of age) $20.00 Meridian Residents Adult (18 -54 years of age) $25 All Non -Residents DATED this 4th day of April. C. Jay Coles, CITY CLERK PUBLISH on April 13 and April 20. Meridian City Council Meeting Agenda April 24, 2018 – Page 690 of 717 CITY OF MERIDIAN RESOLUTION NO. 2 -2-09 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 DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on April 13, 2018 and April 20, 2018, according to the requirements of Idaho Code section 63-1311A, on April 24, 2018, the City Council of Meridian held a hearing on the adoption of proposed new and updated fees of the Meridian Parks and Recreation Department, as set forth in Exhibit,4 hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed new and updated fees; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit hereto, are hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in fall force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 24th day of April, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of April, 2018. ATTES C.J 9 ;p AUG'J T o� of LU IDAHD � W or Ube 'fir' o n (00T)6 1 ;Ic1 r4 ADOPTION OF FEES OF PARKS & RECREATION DEPARTMENT PAGE I OF 2 EXHIBIT A Fee Description Fee Amount Homecourt Membership — Meridian Resident, Youth (17 years of age and under) $15.00 Homecourt Membership — Meridian Resident, Senior (55 or more years of age) $15.00 Homecourt Membership — Meridian Resident, Adult (18-54 years of age) $20.00 Homecourt Membership —Non -Meridian Resident $25.00 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 9A Project/File Number: Item Title: Parks and Recreation Department: Homecourt Bay 5 Update Meeting Notes City Council Presentation April 24, 2018 Homecourt Bay 5 Concept Update •Garrett White Presentation 3/20/18 •Follow Up Questions –History –Budget –Scope and Options Leased Space Bay 5 Court 4 Court 3 Court 2 Court 1 Bay 5 History •Early brainstorm ideas for Bay 5 included everything from classrooms to an indoor playground •FY16 Budget Hearings - Homecourt (June 2015) –“Tenant Improvements include renovating areas of the building into classroom and office space.” Bay 5 History •FY18 Budget Hearings (June 2017) –$75,000 for Bay 5 Construction Docs/Design –“…to design/produce construction documents for the Bay 5 renovation. Once the YMCA completes the South Meridian YMCA, they will move out of the facility leaving Bay 5 (the current fitness area) empty. Based on the Parks & Recreation Master Plan information, we plan on creating three classrooms, office space, and storage that will provide more opportunities for community education classes.” –Note: Design Costs are approximately 10% of construction costs, estimated at $750,000 Bay 5 History •Park Facilities Tour – September 2017 –Toured Homecourt with City Council –Shared the initial Concept Plan for Bay 5 Homecourt Tour – September 2017 Concept Plan for Bay 5 •3 Classrooms •Office •Storage •Restroom Renovation November 2017 •2 Story Option •“Maximize the available space” Dec 2017-Jan 2018 •Developed Cost Estimates •Cost is too much for ANY of these Options Option 1(1st Floor Only) $1,782,942 Option 2 (1st Floor to accommodate Future 2nd Story) $2,697,446 Option 3 (2 Stories) $3,114,041 February 2018 •New, Scaled-back Recommendation •Office/Front Desk •Restroom Renovation •Storage Areas •Improved Accessway •Multi-use Sports Court instead of Classrooms •Recreation Classes •i.e. Zumba, Martial Arts, Dance, etc. •Recreational Sports •i.e Basketball, Pickleball, Volleyball •Costs TBD, but under $1M March 2018 •Garrett’s Presentation/ Discussion with Council •Office/Front Desk •Restroom Renovation •Storage Areas •Improved Accessway •Multi-use Sports Court •Questions for Follow Up: •History of Bay 5 •Budget •Options/Menu 1.This gives us space for Dance, Martial Arts, Fitness, and Education classes that have outgrown the current Community Center and allows us to back fill or create new recreational programs at both locations. 2.Allows for the City Open Gym Program to move from a basketball court to Bay 5 making more court space for reservations and or more Adult League games. 3.Meets the growing demands of our Adult Sports programs. 4.Allows for more court reservations increasing the facility revenues. 5.The multipurpose area would function better in this building. 6.Does not exceed the current parking. 7.Budget is more realistic. 8.Opportunity to look at other areas in the community to build a new Community Center in the future. April 2018 •Address Council’s Follow-up questions •Seeking Council Direction •Preparing Budget Enhancement •$0 Currently Allocated to this project •Budget Carryforward (Savings from Original Purchase): $634,000 •CFP FY19 (Capital Improvement Fund—Savings Account): $500,000 •Note: This is where the “Potential FY19 Total Budget of $1,134,000” came from. Carryforward + CFP Plan. •Seen internally as upper limit of potential funding. However, goal has been to get back to the $750K estimate in line with approved FY18 Design Budget. •Office/Front Desk/Entryway/Access $165K •Restroom Area Remodel $275K •Doubles the number of Fixtures to 18 •Separates Showers from Restrooms •4 Family Restrooms •Minor Improvements Only $40K •Multi-Use Courts $100K •Updated Sports Court Flooring (like Willow Creek Elementary) •Repair Existing Flooring $10 •Paint & Misc. Repairs $15K •Other Costs (Testing, Permitting, FFE) $25K •Bays 1-4 Humidity/Condensation Control $125K •Remaining Zoo Fans Only $25K •Restroom Area Remodel – Minor Improvements Only •Privacy Walls must go exterior of the restrooms. •The privacy walls would extend onto the wood floor where the scorekeepers sit on Court 4 and to within 5 feet of the Pickleball court lines in Bay 5. •If Privacy walls must “L,” the stair supports would have to be modified to allow extra width. •Fewer fixtures (toilets, urinals, etc.) – 9 instead 18. •Combined shower/toilet areas remain. •No family restrooms. •Multi-Use Courts – Minor Repairs Only •Flooring colors have been discontinued. •Humidity/Condensation Control – Fans Only •If we don’t do the solution recommended by an engineer, do we risk a more costly fix in the future? Original Proposed Min. Alts 1. Office/Front Desk… $165K 2. Restroom Remodel $275K $40K 3. Multi-Use Courts $100K $25K 4. Other Costs $25K Bay 5 Subtotal $565K 6. Humidity Control $125K $25K Total Budget $1.78M $690K $280K Note: Curtain divider costs are still being determined. 1.Provide and install 8 additional zoo fans in the gym area. 2.Provide and install two inline exhaust fans at the west side up high and discharge to the sidewall louver. Each inline fan shall be sized for 2000 CFM at 0.25” external pressure. 3.Provide two new 24”x24” louvers high on the east wall for cross ventilation with the new exhaust fans noted above. 4.Install motorized dampers that can be controlled for each opening, including the existing openings. The controls shall be provided so that the exhaust fans and louvers are interconnected. 5.Update controls on the rooftop units to support the items mentioned above. City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 10 Project/File Number: Item Title: Ordinance No.18-1771 Ordinance No 18-1771• An Ordinance (H-2017-0154 — Lasken Annexation) For Annexation Of A Parcel Of Land Being A Portion Of Lot 1 Of Onwiler Subdivision A Recorded Subdivision On File In Book 8 Of Plats At Page 378, Situated In The Northwest % Of The Southeast % Of Section 7, Township 3 North, Range 1 East, Boise Meridian Ada County Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory Situated In Ada County Idaho And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 35.35 Acres Of Land From Rut To R-2 (Low 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 APPROVEO e �e.corc� 4 lVe now-, 6Q e, ADA COUNTY RECORDER Christopher D. Rich 2018-036996 BOISE IDAHO Pgs=6 LISA BATT 04/25/2018 01:09 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE, NO. 1$-1111 BY THE CITY COUNCIL: BERNT, BORTON, CAVE, NER, . MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE.(H-2017-0154-LASBEN ANNEXATION) FORANNEXATION OF A PARCEL OF LAND BEING A PORTION OF LOT I OF -ONWILER SUBDIVISION, A RECORDED SUBDIVISION ONFILE IN BOOK 8 OF PLATS AT PAGE 378, SITUATED IN THE NORTHWEST 1/4 OF THE .SOUTH EAST'%4 OF SECTION 7, TOWNSHIP 3- NORTH, RANGE 1 EAST, BOISE MERIDI^ ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAINLANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO TIIE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS- REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 35.35 ACRES OF LAND FROM RUT TO R:2 (LOW 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 FORA SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVE R.OF THI,,READ ING RULES; AND -PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit" A." are within the.corporate, limits of the City of Meridian, Idaho, and thatthe CityofMeridian has received a -written request for annexation and re -zoning bythe owner of said property, to -wit: ThonZasLuslien. SECTION 2... That the above-described real property, is hereby annexed and. re -zoned from RUT to R-2 (Low IlensityResidential) zoning.districts in the:Meridian City Code, SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the: Ordinances of the City of Meridian to annex and zone- said property... SECTION4. That the City has complied with all the noticing:requirements:pursuant to the.laws of the, State- of Idaho., and the Ordinanoes of the City of Meridian to annex and rezone said property. SECTION 5. That the City. Engineer is hereby directed to alter all use and area maps as -Well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with thig ordinance, ADA COUNTY RECORDER Christopher D. Rich 2018-037677 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 04/27/2018 10:04 AM CITY OF MERIDIAN, IDAHO NO FEE ANNEXATION ORDINANCE—LASKENANNBXA TION (H 2017-0154) )?age 1 of 3 'Re - re -cord (,rq �0 re m 6 ye- Uy"' pale, CITY 6FMERIDIAN ORDINANCE. NO. 18111'1� BY TIM CITY COUNCIL: T,BOV URN TON, CAVENER, , - MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE F NOVA -(H O-ANNEXAVO PARCEL 'OF LAND BEING & FOR -TION OF LOT 1 OFO1,MLLi R SUBDIVISION, A RE OK F , SITUATE D IN RECORDED 80 PLATSATPAGE378 TIM NORTHWEST 14 -i OF THE. SOUTIBAST '% OF SECTION 7, TOWNSHIP 3 NORTH) RANGE I FAST, BOISE MERIDIAN, ADA COC NTY2 IDAHO) As DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TE RRITORY, SITUATED IN ADA COUNTY "IDAHO, AND AbjACENT A"..CONTjGUOTJS TO THE CORPORATE LIMITS OF THE,- CITY OF MERIDIAN AS REQUESTED BY THE, CITY OF MERIDIAN; SSIF ESTABLISHING AND DETERMINING THE LAND TJ8V,.Z,,ONMG CLA , 1CATION OF 35.35 ACRES OF LAND FROM RUT TO R - (LOW DENSITY (LODENSITY 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 IDA -110 STATE TAX COMMISSION, ASREQUjRED BY LAW. . AND PROVIDING -FORA 8EMYTARY OF THE ORDINANCE; AND PROVJDJNGFOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE 'IT ORDAINED BY THE MAYOR AND TUE CITY COUNCIL OF THE CITY OF MERMLkN I OF IDATIO: . , COUNTY OFADA.) STATE SECTION 1, That the follow log described 140 as evidenced by attached Legal Description e.ridan, 0 Mf herein incorporated by reference as Exhibit "2 are within t116 co Por"te 11iftits of the City Idaho, and that the City of Meridian has received -a written request for annexafion.an&ro-mnifig by the .owner of said property, to -wit: Thomas Lasken. - St CTION 2, That the above-described real property is hereby annexed and rezoned from RUT to R-2 (Low Density Residential) zoning districts ift the Meridian City Code, , SECTION 3. That the CA liar authority pursuant to the laws of the State ondaho, and the, City 6 ty Ordinances of.ttic City ofm-erldiant. AnnoxandzOnb$41 proper. SECTION 4. Thatthe City has oompliedwith all the noticingi-eq-airei)Acnt8Plir$Ogti*t to the laws of the, State of Idaho, and the, ordinances of the city of Meridian to annex and rezone said property. .SECTIONS:. That the CjtyEqglnecr is hereby directed to attet. all use and: area limps as well as I the,.official zoning maps, aftd:all official maps tigg thG boundaries and the zoning districts of the City of Meridian in accordance with this ordinance, ANNEXATION ORDINANCE -*LASKE' N ANNEXATION (ff 2017,0154) pago, 1o3 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 fi•om and after its passage, approval and publication, according to law. SECTIONS. The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of AP P'i L 52018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of �j 16 , 2018. ATTEST: C. CITY CLERK ANNEXATION ORDINANCE — LASKEN ANNEXATION (H 2017-01S4) Page 2 of 3 STATE OF IDAHO, ) ss: w County of Ada ) On this day ofJ)p - ; 2018, before me, the undersigned, a Notary Public in ,Toe ?.)OCAOQ and for said State, personally appeared and C.JAY COLES, known to me to -�b-e tho � and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the wit4 instrument, and acknowledged to me that the City of Meridian executed the same. Ounce Yre5 AW4 Its WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. pppppit p�pl �+@�®j (SE o � A �a 1 O dam, v m d 00o STAT U � -� o E o ANNEXATION ORDINANCE — LASKEN ANNEXATION (H 2017-0154) Page 3 of 3 NOME OF O"MA BIMUS TO t"Cil'.0 T(A-) VVVYMMUD --O"ilNA-,NCt' - NG. t ,rgQV.,-,IUD -QJR,,, ]NNW AND situated lintho VoAwest %,of- tha Southeast V-4. Gf-Sea t1, township, 5 forth, S. i " r low 4 ., o -wit 1440., Thjs k4up 1, East,: 1�-v om ty� lot.room-4, "OT fdtao: parmols -am. su-B-AEG-T, "TIO. iftliedi., woota'adtffold. afrnyv aWTfaU,:(Wof'MWd 31 he j a gshall.hoomo b�6ft b on. t -ay v ail ho T is :or di Ult BY: "'.1 AAOptod, Aef first -feaft 9p. Tbdi'x-d Road yr abo A! -N A Idahotwo The w Lm'. Wary* oi-*,, Alta offho C orm r.s. tljb Itgaliadvisl6t.-of obpy OX (Yrdi of the C4 DfMoridfau, ldaho� and has-Tound u v -4aeq As/ DATED IM8--AWD-f wairw m-, LimRary ty ft-,y,,Attdjm - 00"a N ANUWM "V -W# Exhibit A Annexation Legal Description I.F.GAL DESCRIPTION FOR PROPERTY TO 13L ANNEXCI) TO THE CITY OF MERIDIAN A POR'T'ION OF LOT I OF ONWILER SUBDIVISION SITUATED IN TI IE NW!/4 of-ri ., SE Ya OF SECTION 7 T. 3 N., R. I ti., B.M.. ADA COUNTY, IDAHO A parcel of land being ;% portion of Lot i ofOnwilcr Subdivision, a recorded subdivision on file in Book 8 of Plats at Page 378, situated in the Notlhwest '4 or the Southeast', of Section 7, Township 3 North, Range I Cast. Boise Meridian, Ada County, Idaho, and more particularly described as tbilows: BEGINNING nt the northeast corner of said Lot 1, front which the northwest corner of said Southeast %, of Section 7 bears South 89132' 14" West 550.26 feet and the northeast corner of said NortIm"t'/., of the Southeast 1A of Section 7 bears North 8913214" East 773.03 feel; thence along the easterly boundary of said Lot I South 0'35'57" West 401.73 feet to the southeast corner of said Lot 1: thence leaving said easterly boundary and along the southerly boundary of said Lot I North 89°30'48" West 108.00 feet; thence leaving said southerly boundary North 0137'07" Ewt 39994 feet to the northerly boundary of said Lot 1; thence along said northerly boundary, being also the centerline of East Pine Street, North 89132' 14" Cast 107.88 feet to the POINT OF BEGINNING, comprising 0.99 acres more or less. 419-01.doc Page I of I Lasken Annexation H-2017-0154 - , 1 Meridian City Council Meeting Agenda April 24, 2018 — Page 699 of 717 Exhibit B EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION FOR PROPERTY TO BE ANNEXED TO THE CITY OF MERIDIAN A PORTION OF LOT 1 OF ONWILER SUBDIVISION SITUATED IN THE NW1/4 OF THE SE1/4 SECTION 7 T3N R1E BM ADA COUNTY, IDAHO ;,, FAST PINE AVENUE M tX C) LEGEND C) ® FOUND BRASS CAR O FOUND 5/8" REBAR',� 419-18 ROS,DWG Lasken Annexation H-2017-0154 i 773.03' Meridian City Council Meeting Agenda April 24, 2018 — Page 700 of 717 in o i W z Z Z NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18-1771 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of land being a portion of Lot 1 of Onwiler Subdivision, a recorded subdivision on file in Book 8 of Plats at Page 378, situated in the Northwest '/4 of the Southeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains .99 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of /"-i Y 32018. ✓ .� J � �r Cih,of C' y of MeQiian E IRTr)TA INtMayor andy Council = �� By: C.Jay Coles, City Clerk SEAL First Reading: Adopted after first rea ing by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: — Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18-1771 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. 18-1771 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 2 5 -day of '2018. 7 William. L.M. Nary City Attorney ORDINANCE SUMMARY - LASKEN ANNEXATION (H-2017-0154) City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 10B Project/File Number: Oaks Subdivision Item Title: Ordinance No. 18-1772 Ordinance No. 18-1772: An Ordinance (H-2017-0170 — Oaks Subdivision) For The Re -Zone Of A Parcel Of Land Located In The NW % Of The NW % Of Section 33 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 (Limited Office) Zoning District To R-8 (Medium High Density Residential) And R-15 (Medium High Density Residential) Zoning Districts In The Meridian City Code• Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules: And Providing An Effective Date Meetina Notes u APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-036997 BOISE IDAHO Pgs=6 LISA BATT 04/25/2018 01:09 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF 1 ORDINANCE i, 8 COUNCIL: BERNTBORTON,CAVENER, PALMER, ROBERTS • 1• ! 1• ! C • 1 1 ', i i ! •i i 1,! i 1 � i • 1 ! i • 1JR. ! 1 • ! 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: New Oaks; LLC. SECTION 2. That the above-described real property is hereby re -zoned from L -O (Limited Office) Zoning District to R-8 (Medium Density Residential) and R-15 (Medium High Density Residential) Zoning Districts in the Meridian City Code. SECTION 3. That the City hasauthoritypursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE ZONE ORDINANCE — OAKS WEST SUBDIVISION - H-2017-0170 PAGE I 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 of �P%IC ,2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of /if VIZ , 2018. ATTEST: woe -?_,or4bn CoUncAI Gn AUG•�uro., C.JAY COI. ES, CITY CLERK Cit.; F �,atn TSR Uy F. RE ZONE ORDINANCE - OAKS WEST SUBDIVISION - H-2017-0170 PAGE 2 OF 3 z Iden j - STATE OF IDAHO, ) ss: County of Ada ) On this 00-L11 day ofT I , 2018, before me, the undersigned, a Notary Public in TO 2 Wit'-kjn and for said State, personally appeared, T– M IY— `:.'EEI? and C,JAY COLES, known to me to C�un6�� be the and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the py.�5 en, 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'hj� ��u Om Notary Public fQrjdahq Residing At: `Tj 10'U d ow My Commission Expires:3 -,,IS RE ZONE ORDINANCE - OAKS WEST SUBDIVISION - H-2017-0170 PAGE 3 OF 3 EXHIBIT A Oaks West Subdivision H-2017-0170 Meridian City Council Meeting Agenda April 24, 2018 – Page 706 of 717 EXHIBIT A Oaks West Subdivision H-2017-0170 Meridian City Council Meeting Agenda April 24, 2018 – Page 707 of 717 EXHIBIT B Oaks West Subdivision H-2017-0170 Meridian City Council Meeting Agenda April 24, 2018 – Page 708 of 717 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18-1772 PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of parcels of land located in the NW 1/4 of the NW 1/4 of Section 33, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County. This parcel contains .99 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of /11 / )2018. �yor of idian and City Council - t_IDAH a By: C.Jay Coles, City Clerk ,. SEAL F9 y r First Reading: Y/ )11//; ° 7.tt Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_A NO Second Reading: -- Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18-1772 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 - 1-7 7�, of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursua t to Idaho Code § 50-901A (3). DATED this �day of A�4'2018. William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- OAKS WEST - H-2017-0170 PAGE 1 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 10C Project/File Number: Item Title: Ordinance No. 18-1773 Ordinance No. 18-1773: An Ordinance (UDC Text Amendment H-2018-0011) Amending Meridian City Code as Codified At Title 11 Pertaining to Uses Allowed in Table 11-2A-2; Standards for Portable Signs; Daycare Facility Specific Use Standards; Provisions to Allow Multi -Family Private Open Space Standards to Be Eligible for Alternative Compliance and Modify the Subdivision Street Names Standards to Align with Newly Adopted Title 8 Chapter 2 Uniform Street Name and Addressing Number Code; and providing for a waiver of the Reading Rules; and Providing an Effective Date Meetinq Notes 9 OPMED CITY OF MERIDIAN ORDINANCE NO. � 8 - �-1-13 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, PERTAINING THE TO USES ALLOWED IN TABLE 11-2A-2; STANDARDS FOR PORTABLE SIGNS; DAYCARE FACILITY SPECIFIC USE STANDARDS; PROVISIONS TO ALLOW MULTI -FAMILY PRIVATE OPEN SPACE STANDARDS TO BE ELIGIBLE FOR ALTERNATIVE COMPLIANCE AND MODIFY THE SUBDIVISION STREET NAMES STANDARDS TO ALIGN WITH NEWLY ADOPTED TITLE 8, CHAPTER 2, UNIFORM STREET NAME AND ADDRESSING NUMBER CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code Table 11-2A-2, Unified Development Code, be amended as follows: TABLE 11-2A-2 ALLOWED USES IN THE RESIDENTIAL DISTRICTS Daycare, family' fR-8 R-15 f R-40 I Fc -1 [-�--F —P1; A "F A Section 2. That Meridian City Code Section 11 -3D -8(A)16, Unified Development Code, be amended as follows: 16. Portable Signs: Portable signs, when allowed by this article, shall meet the following standards: APRIL 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - H 2018-0011 PAGE 1 OF 7 APRIL 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2018-0011 PAGE 2 OF 7 a. Any portable sign shall count as part of the overall freestanding sign allowance as set forth in subsections B through H of this section. b. The following uses shall qualify for any portable sign: retail, restaurants, drinking establishments, and personal services. bc. Placement of any portable sign shall meet the following standards: (1) The placement of any portable sign shall be limited to the portion of the sidewalk that is located directly in front of the business applying for the sign permit and shall not be placed in front of another business. (2) It shall be the responsibility of the property owner to comply with the American disabilities act (ADA) standards for pedestrian walkways and clearance for handicap accessible parking stalls. cd. A maximum of one portable sign is allowed per entrance with no more than one portable sign per street frontage. de. The maximum background area of any portable sign shall not exceed eight (8) square feet. Any portable sign may be single or double sided. ef. Portable signs shall be constructed of stable and durable materials that will hold up under adverse weather conditions. fg. A permit is required for any portable sign. Section 3. That Meridian City Code Section 11-4-3-9(A)4 , Unified Development Code, be amended by adding the following definitions: A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. Upon tentative approval of the application by the director or commission for a daycare center facility, tThe applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of zoning complianceoccupancy . The applicant or owner shall comply with all state of Idaho and department of health and welfare requirements for daycare facilities. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. Meridian City Council Meeting Agenda April 24, 2018 – Page 711 of 717 APRIL 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2018-0011 PAGE 3 OF 7 6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-4B of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/entry by small children and to screen abutting properties. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. C. Additional standards for family daycare facilities conducted as home occupation accessory uses: 1. In no way shall the family daycare emit lighting, noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in UDC 11-3D-8B. 2. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. Section 4. That Meridian City Code Section 11-4-3-27(B)3 , Unified Development Code, be amended as follows: B. Site Design: 1. Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties. 2. All on site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. 3. A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section, the director may consider an Meridian City Council Meeting Agenda April 24, 2018 – Page 712 of 717 APRIL 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2018-0011 PAGE 4 OF 7 alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. 4. For the purposes of this section, vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space. 5. No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 6. The parking shall meet the requirements set forth in chapter 3 , "Regulations Applying To All Districts", of this title. (Ord. 16-1672, 2-16-2016) 7. Developments with twenty (20) units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. Section 5. That Meridian City Code Section Table 11-5B-5, Unified Development Code, be amended as follows: * * * B. Applicability: 1. This process is intended to replace specific requirements as set forth throughout this title as follows: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) TABLE 11-5B-5 ALTERNATIVE COMPLIANCE Permit Section Common driveway 11-6C-3 Common open space and site amenity requirements 11-3G Fence requirements 11-3A-7 Height maximum in commercial districts 11-2B-3 Height maximum in industrial districts 11-2C-3 Meridian City Council Meeting Agenda April 24, 2018 – Page 713 of 717 APRIL 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2018-0011 PAGE 5 OF 7 Height maximum in TN-C district 11-2D-5 Landscape buffer for wireless communication facilities 11-4-3-43 E Landscape requirements 11-3B Landscaping for base of freestanding sign 11-3D-8 Lighting standards for pathway along State Highway 55 11-3H-4C3 Outdoor lighting requirements 11-3A-11 Multi-family private usable open space standards 11-4-3-27B3 Parking and loading plan requirements 11-3C-5 Parking requirements 11-3C-6 Private street standards 11-3F-4 Projecting sign allowance 11-3D-8E and F Sign location in the O-T district 11-3D-5 Structure and site design review standards 11-3A-19 Section 6. That Meridian City Code Section 11-6C-3(B)3, Unified Development Code, be amended as follows: 11-6C-3: STANDARDS: A. Compliance: 1. Through properties are prohibited except where it is shown that unusual topography or other conditions make it impossible to meet this requirement. Through properties shall be limited to one (1) street access on one (1) frontage, designated by a note on the final plat. 2. The plat shall comply with all applicable requirements as set forth in chapter 2, "District Regulations", of this title. 3. The plat shall comply with all applicable requirements as set forth in chapter 3, "Regulations Applying To All Districts", of this title. (Ord. 16-1672, 2-16-2016) B. Streets: Meridian City Council Meeting Agenda April 24, 2018 – Page 714 of 717 APRIL 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2018-0011 PAGE 6 OF 7 1. Dedication: Within a proposed subdivision, arterial and collector streets as shown on the Comprehensive Plan shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. 2. Street Specifications: The design, location, and widths of all street and street intersections shall comply with the requirements of the transportation authority, unless alternative standards are adopted by the City of Meridian. 3. Street Names: The naming of streets shall comply with Title 8, Chapter 2, “Uniform Street Name and Address Number Code”, of this code. conform to the requirements of the Ada County Street Name Committee, with the following exceptions: a. The street name shall generally comply with section 8-2-6, "Standards For Designation Of Street Names", of this Code. b. Street names shall not duplicate any existing street name within the County, except where a new street is a continuation of an existing street. c. Street names that may be spelled differently but sound the same as existing streets shall not be used. d. All new streets shall be named as follows: streets having predominantly north-south direction shall be named "avenue" or "road"; streets having a predominantly east-west direction shall be named "street" or "way"; meandering streets shall be named "drive", "lane", "terrace", "path", or "trail"; and cul-de-sacs shall be named "circle", "court", and "place". e. For streets that provide primary access to a subdivision or neighborhood and that align with an existing or planned street across an intersection that is not part of the same subdivision or neighborhood, the street name shall not duplicate the name of the subdivision or neighborhood. f. Proposed streets which are a continuation of an existing street shall be given the same name as the existing street. g. Street name signs shall be installed in the appropriate locations at each street intersection. h. The Meridian city council may approve exceptions to the requirements for street names in accord with subsections B3a through B3g of this section. (Ord. 05-1170, 8-30- 2005, eff. 9-15-2005) 4. Cul-De-Sacs: No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than four hundred fifty feet (450'). (Ord. 14-1623, 9-2-2014) 5. Alleys: a. Alleys shall have a minimum of sixteen feet (16') of paving. b. All alleys shall serve as fire lanes. c. All alleys shall be concrete or asphalt with a concrete ribbon curb. d. The entrance to the alley from the public street shall provide a minimum twenty eight foot (28') inside and forty eight foot (48') outside turning radius. No parking shall be Meridian City Council Meeting Agenda April 24, 2018 – Page 715 of 717 allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. Section 7. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 8. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of April, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 9—Q "hday of April, 2018. V U -C' V�nj WUn61 �Ir6l 11eO�A'S SD AGC�V'c�. r city rn EiT�DIAN# fDAHO SEAL, 11 ..req o(rhe rr,ens°��� ATTEST: C ay Col City Cleric APRIL 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE —H 2018-0011 PAGE 7 OF 7 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18-1773 An Ordinance of the City of Meridian amending Meridian City Code as Codified at Title 11, Entitled the Unified Development Code Pertaining to: Uses Allowed in Table 11-2A-2; Standards for Portable Signs; Daycare Facility Specific Use Standards; Provisions to Allow Multi -Family Private Open Space Standards to Be Eligible for Alternative Compliance and Modify the Subdivision Street Names Standards to Align with Newly Adopted Title 8, Chapter 2, Uniform Street Name and Addressing Number Code; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. of Mh idi Mayor anti City Council By: C.Jay Coles, City Clerk oe� ire, en ,� L•�; �s r ty of S77f DaL F T� First Reading: Adopted after fir t reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18-1773 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- 1-7 7 f 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 25 day of April, 2018. dl / William. L.M. Nary City Attorney APRIL, 2018 UPDATE - SUMMARY UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE — H 2018-0011 City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 11 Project/File Number: Item Title: Future Meeting Topics Meetina Notes City Council Meeting Meeting Date: April 24, 2018 Agenda Item Number: 12 Project/File Number: Item Title: Executive Session Per Idaho State Code 74-206(1)(d): To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code and 74-206(1)(j): To consider labor contract matters authorized under section 67-2345A [74-206A](1)(a) and (b), Idaho Code Meetinq Notes Z�,J-b (f ID'. QM OU+ Ci /� L�ti loC,