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2018-08-21
C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, August 21, 2018 at 6:00 P M 6:13pm 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer (left at 6:59pm) X Treg B ernt X Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by J ustin M cM urdie with P ar k View C hristian Church 4. Adoption of Agenda 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address thei r elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assi st you i n resolving the matter following the meeting. 6. Consent Agenda [Action Item] Approved A. Approve M inutes of J uly 12, 2018 C ity C ouncil B udget Workshop B. Approve M inutes of August 14, 2018 C ity C ouncil Workshop M eeting C. Rapid C r eek S ubdivision No. 1 Water & S ewer E asement D. Twelve O aks S anitar y S ewer and Water M ain E asement E. P ur chase Agreement for F abrication and Installation of Vinyl T raffic B ox Wr aps with S igns E tc. F. P rofessional S er vices Agr eements for Ar twor k for T raffic B ox Community Ar t P r oject 1. L aura Yager 2. J amie Mc Gehee, for Callie Mc G ehee 3. E milee B rugger G. Agr eement between Nampa M eridian Irrigation D istrict and C ity of M eridian for P edestrian P athway at Ver ado S ubdivision No. 2 H. D evelopment Agreement for L ost Rapids (G F I- M eridian Investments I I, LLC S ite)(H-2018-0004) located at the Southwest corner of US 20-26/W. Chinden B lvd. and N. Ten M ile Rd., in the NE 1/4 of S ection 27, Township 4 N., Range 1 W. (P ar cel No.'s:S 0427110011, S 0427110023, S 0427141803, S 0427120611, S 0427120916) I. D evelopment Agreement for C ompass Char ter S chool (H-2018- 0048) with B ouma, US A, S unshine L andscape, Inc., G em S tate Home B uyers, LLC/A S tar P r operties, LLC and Rene A. S hoop located near the northeast corner of W. F ranklin Road and N. B lack C at Road, in the S W ¼ of S ection 10, Township 3 North, Range 1 West J. D evelopment Agreement for C ompass Char ter S chool (H-2018- 0048) with S unshine L andscape, Inc. Portion located near the nor theast corner of W. F ranklin Road and N. B lack C at Road, in the S W ¼ of S ection 10, Township 3 Nor th, Range 1 West. K. D evelopment Agreement for Sodalicious (H-2018-0046) with 10th & F airview, LLC located at 1035 E F air view Avenue, in the northeas 1/4 of S ection 7, Township 3 North, Range 1 E ast. (P arcel #S 1107120677) L. Resolution No. 18-2093: Updating Records Retention S chedule M . Resolution No.18-2096: A Resolution for the Re-Appointment of Victor iah M adrigal as a Youth Commissioner to the M eridian S olid Waste C ommission. N. Resolution No. 18-2097: A Resolution for the Re-Appointment of Randy-B F unk as a Youth C ommissioner to the M eridian Arts Commission. O. Resolution No. 18-2098: A Resolution O f T he M ayor And C ity Council O f T he C ity O f M eridian To Amend T he F utur e L and Use M ap Of T he 2002 C omprehensive P lan F or 25.05 Acr es K nown As Compass C harter S chool G ener ally L ocated At T he Nor thwest Corner O f W. F r anklin Road And N. B lack C ate Road, In T he S w ¼ O f S ection 10, Township 3 North, Range 1 West, M eridian, Idaho; And P r oviding An E ffective D ate. P. Approval of Task O rder 10926.a for Professional S ervices for “E lectrical P lans E xamining S ervices” to K E LLE R ASSO C I AT E S , I NC ., for the Not-To-E xceed amount of $500,000.00. Q. AP I nvoices for P ayment 8/22/18 - $1,602,722.16 7. Items M oved F rom T he C onsent Agenda [Action Item] 8. Community I tems/Presentations A. S wear ing in 6 New P olice O fficer s, C ode E nfor cement S uper visor, E vidence Technician B. L ife S aving C itizen Awar d P r esentation 9. Action I tems Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or i f they are representi ng a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. The City 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 i tems, unless to break a tie vote. A. P ublic Hearing for F Y 2018 Amended B udget in the Amount of $144,675,644 Approved B. P ublic Hearing for Proposed F Y 2019 B udget in the Amount of $130,464,302 Approved C. P ublic Hearing C ontinued fr om J uly 24 for Cherry Blossom S ubdivision (H-2018-0018) by J ayo L and D evelopment Compan y, L ocated at 615 W. Cherry L ane Approved 1. R equest: A R ezone of 10.74 A cres of L and f rom the R -4 to the R - 8 Z oning D istrict; and 2. R equest: A P reliminary P lat C onsisting of 47 S ingle-F amily R esidential B uilding L ots and 11 C ommon L ots on 10.25 Acres of L and in the P roposed R -8 Z oning District D. P ublic Hearing for B ountiful C ommons S ubdivision (H-2018- 0067) by T M E G P roper ties, L .L .C . L ocated at 5960 N. L inder Rd. Approved 1. R equest: A P reliminary P lat consisting of 6 building lots on 6.15 acres of land in the C-C and L -O zoning districts E. F inal P lat for B ountiful C ommons (H-2018-0084) by T M E G P roper ties L ocated at 5960 N. L inder Rd. Approved F. P ublic Hearing for C r eamline P ar k (H-2018-0051) by Volante Investments, LLL P L ocated at 1480 W. F ranklin Rd. Approved 1. R equest: A mendment to the Comprehensive P lan F uture L and Use Map to Change the L and Use D esignation on 8.06 A cres of L and F rom Mixed Use-C ommunity to I ndustrial; and R equest: Rezone of 8.74 A cres of L and F rom the C -G to the I - L Z oning D istrict G. P ublic Hearing for Tanner C reek (H-2018-0023) by S chultz D evelopment L ocated at 505, 521, 615, 675 W. Waltman L n. Denied 1. R equest: R eplacement of the existing Development A greement with a new agreement to accommodate the proposed residential development plan; and 2. R equest: A mendment to the F uture L and Use Map contained in the C omprehensive P lan to change the land use designation on 39.25 ac res of land f rom C ommercial to Medium High D ensity R esidential; and 3. R equest: Rezone of 38.48 acres of land from the C -G to the R-15 (west 22.59 acres) and R -40 (east 15.89 acres) zoning districts; and 4. R equest: P reliminary P lat consisting of 141 building lots and 18 common area lots on 37.87 ac res of land; and 5. R equest: Conditional Use P ermit f or a multi-f amily development consisting of 272 dwelling units in the R -40 zoning district H. P ublic Hearing for B ainbridge F r anklin (H-2018-0057) by S teve B ainbr idge L ocated at 2075 and 2155 W. F ranklin Rd. Continued to October 2, 2018 1. R equest: A nnexation and Z oning of 3.68 A cres of L and with a C - G Z oning D istrict I. P ublic Hearing for F airbourne S ubdivision (H-2018-0052) by F airbourne D evelopment, LLC L ocated at the Nor thwest C orner of W. C hinden B lvd. and N. B lack C at Rd. Approved 1. Request: Rezone of a Portion of Property from R-15 (9.71 Acres), R-8 (39.71 Acres), and C-C (19.48 Acres) to R-8 (62.41 Acres) and CC (6.48 Acres); and 2. Request: Preliminary Plat Consisting of 176 Building Lots and 26 Common Lots on 66.35 Acres of Land in a Proposed R-8 and C-C Zoning District; and 3. Request: To Be Removed From an Existing Development Agreement and to be Placed in a New, Separate Agreement J. P ublic Hearing to C onsider the E xchange of C ity-O wned Real P roperty for Real P roper ty O wned by Woodside Harris LLC 1. E xchange A pproximately 1,640 S quare Feet O f C ity-O wned R eal P roperty F or A pproximately 1,958 S quare F eet O f R eal P roperty O wned B y Woodside Harris L lc A t Meridian’s Water Well L ot Number 28 B eing A P ortion O f L ots 16 And 24, B lock 1 O f B lackrock S ubdivision No. 1 A s Shown I n B ook 96 Of P lats O n P ages 12003 Thru 12008, R ecords O f A da County, I daho, A nd B eing L ocated I n T he E ½ O f S ection 32, Township 3 North, Range 1 E ast, B oise Meridian, A da C ounty, I daho K. O rdinance No. 18-1789: An O rdinance Authorizing T he Conveyance And E xchange Of Approximately 1,640 S quar e F eet O f C ity-O wned Real P roperty F or Approximately 1,958 S quar e F eet O f Real P roper ty O wned B y Woodside Harris LLC At M eridian’s Water Well L ot Number 28 B eing A Portion O f L ots 16 And 24, B lock 1 O f B lackr ock S ubdivision No. 1 As S hown In Book 96 O f P lats O n P ages 12003 T hr u 12008, Recor ds Of Ada County, Idaho, And B eing L ocated In T he E ½ O f S ection 32, Township 3 Nor th, Range 1 E ast, B oise M er idian, Ada C ounty, Idaho; Authorizing T he M ayor And C ity Cler k To E xecute And Attest O n B ehalf Of T he City Of M er idian T he D eed And Other Documents Necessary To Complete T he T ransaction; P roviding F or A Waiver O f T he Reading Rules; And P roviding An E ffective D ate Approved L. Resolution No. 18-2099: A Resolution Re-Appointing S teve V lassek to S eat 3 of the M er idian D evelopment C or poration, Re- Appointing Tammy de Weer d to S eat 5 of the M er idian D evelopment C or poration and Re-Appointing Nath an M ueller to S eat 8 of the M er idian D evelopment C orpor ation Approved 10. O rdinances [Action I tems] A. O rdinance No. 18-1787: An O rdinance (H-2018-0046– S odalicious) F or Annexation O f A P ar cel O f L and S ituated In T he Nor thwest ¼ O f T he Nor theast ¼ O f S ection 7, Township 3 North, Range 1 E ast, Boise M er idian, Ada C ounty, Idaho, As D escribed In Attachment “A” And Annexing C er tain L ands And Territor y, S ituated In Ada County, Idaho, And Adjacent And C ontiguous To T he C orporate L imits Of T he City Of M er idian As Requested B y T he C ity O f M er idian; E stablishing And D etermining T he L and Use Zoning Classification O f 0.36 Acr es O f L and F rom Rut To C - G (G ener al Retail And S ervice C ommer cial) Zoning Distr ict In T he M eridian C ity C ode; P roviding T hat Copies Of T his O rdinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax C ommission, As Required B y L aw; And P roviding F or A S ummar y Of 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. 18-1788: An O rdinance (H-2018-0048– C ompass Charter S chool) F or Annexation O f A P arcel O f L and Within T he S outhwest Quarter O f T he S outhwest Q uar ter O f S ection 10, Township 3 Nor th, Range 1 West, B oise M eridian, Ada County, Idaho, As D escr ibed In Attachment “A” And Annexing C ertain L ands And Territory, S ituated In Ada C ounty, Idaho, And Adjacent And Contiguous To T he C or porate L imits O f T he C ity O f M eridian As Requested B y T he C ity O f M er idian; E stablishing And D eter mining T he L and Use Zoning C lassification O f 21.93 Acr es O f L and F r om Rut To M e (M ixed E mployment) Zoning D istr ict In T he M eridian C ity C ode; P r oviding T hat C opies O f T his O rdinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax Commission, As Required B y L aw; And P roviding F or A S ummary O f T he O rdinance; And P r oviding F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate. Approved 11. F uture M eeting Topics Adjourned at 11:51pm All mater ials presented at public meetings shall bec ome pr oper ty of the C ity of Meridian. Any one desir ing accommodation for disabilities related to doc uments and/or hearing, please c ontac t the C ity Clerk's Offic e at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council August 21, 2018. A Meeting of the Meridian City Council was called to order at 6:10 p.m., Tuesday, August 21, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt.. Also present: C.Jay Coles, Bill Nary, Caleb Hood, Sonya Allen, Warren Stewart, Jeff Lavey, Tracy Basterrechea, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: We apologize for the late start. We love seeing a full house and certainly we love to see the men and women and blue. Thank you all for joining us. For the record it is Tuesday, August 21. It's 13 minutes after 6:00. We will start with roll call attendance, Mr. Cl erk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Justin McMurdie with Park View Christian Church De Weerd: Our community invocation, tonight we will be led by Justin McMurdie. Is -- thank you for joining us. A new face. We appreciate you joining us. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. McMurdie: Father God, thank you for this gathered assembly here tonight. I just pray that you would be with everyone here. I know that not everyone in this chamber worships the same idea of you or even believes in you, but I pray, because I do believe you are real, that you would guide over these proceedings, that you would give wisdom, that you would give peace and that you would help everyone to be able to share their opinion in a way that honors one another and that gets the most business done. I thank you that the City of Meridian allows a place for faith in its meetings and I just pray that you would bless these proceedings here tonight. In your name I pray, Jesus. Amen. Meridian City Council August 21, 2018 Page 2 of 108 De Weerd: Justin, can I offer you a City of Meridian pin for leading us? McMurdie: Sure. Item 4: Adoption of Agenda De Weerd: Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have one item when we get to Item 9-H, that will be requested to be continued when we get there, but there are no changes to the agenda, so I would move that we approve the agenda as published. Cavener: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Mr. Clerk. Coles: Thank you, Madam Chair. For Item 5 there are two signups. One Denise LaFever, discussion topic is process. The second, Adam Hegstrom, signed up wanting to discuss -- it says Waltman Lane, but I believe that it falls later in the agenda under Item 9-G, the Tanner Creek project. But Denise LaFever did sign up wanting to talk about process. De Weerd: Okay. Thank you. Denise. Good evening. If you, please, state your name and address for the record. LaFever: Denise LaFever. On -- it is 6706 North Silvia Way, Meridian, Idaho. 83646. De Weerd: Thank you. LaFever: Good evening, Mayor Tammy and Council Members. I am before you because I would like to ask for a request for some consideration for change in the neighborhood process. One is I would like to see if we could have signs posted on the property advertising the neighborhood meetings coming up. If that's not feasible, then, if we could have mandatory NextDoor postings. I would like to see if the city would Meridian City Council August 21, 2018 Page 3 of 108 entertain putting pre-application material out available for the public, such as project narratives, drawings, plans and other documents. I would like to see if we could change the notice requirement from 300 to 1,000 feet. Okay? Then the other one that I have a request -- this is a request. I would like to see if we can make some -- request changes concerning the new Comprehensive Plan. I realized Meridian has an excess budget of millions of dollars and this process right here is budgeted at a quarter of a million dollars, which doesn't sound like a lot, but to the people of -- and the citizens of the area that -- that could make a big difference in somebody's life and with that in the spirit that - - you know, that can make a huge difference and pay somebody's house off or college off, you know, getting themselves out of debt, it's a -- it's a big deal. So, with the spirit of that I would like to ask the Council and the Mayor to consider suspending all comprehensive text changes and address them in the new plan. Suspend all UDC changes and address them in the new plan. Consider rolling back the comprehensive land map changes that propose from six months to every application. If that's not acceptable, go back and consider once a quarter and bring them all at one time, so they can be evaluated all in one space. I would like to say a big huge thank you. The staff is taking the time to take this out to the public and it is a huge plus. In addition on the P&Z and the City Council meetings some ideas for changes. I'm not going to go over all of them. The big ones are I would like to have it changed -- expand the notice from 300 to 1,000 feet and revisit the three minute testimony and suggest five to seven minutes and do possible multiple notices for NextDoor. And I would like to leave on a very positive note. I'm very excited about some of the changes that I'm seeing and I commend Mayor for taking that initiative with P&Z and the development community. I really like to -- like the NextDoor notices, the live streams, the interactive FLUM map. The interactive zoning map. I'm excited about seeing a future offsite testimony. And, last but not least, I really like the changes that are being made in the staff report. So, I will leave that with a good job. Thank you. De Weerd: Thank you. You have provided a lot of thought and we will -- we will see that in the minutes and see how we can bring that back to have discussions in front of this Council. Thank you for your time. LaFever: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Do you have a copy of that list? Denice. De Weerd: Denise. Do you have a copy of your list? Borton: We are just -- if you could send one -- an extra one, just so we have got one copy and we will circulate it. De Weerd: That's all right. Meridian City Council August 21, 2018 Page 4 of 108 Borton: Okay. Thank you. De Weerd: Okay. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I know we have a full agenda, but on this, this is I think the exact reason why Council has this as an opportunity for the public to come, present ideas. From a process standpoint, Madam Mayor, how -- how will we, then, take this feedback and what will be the response and how will that be communicated both to the member of the public that has presented, as well as us as Council? De Weerd: That's a very good question that we will talk about on -- on Friday during our agenda setting meeting once Mr. Clerk can get us a transcribed list and break that down into different topics and see how we can thread them into our upcoming Council meetings and we will follow up with Denise on that. Item 6: Consent Agenda [Action Item] A. Approve Minutes of July 12, 2018 City Council Budget Workshop B. Approve Minutes of August 14, 2018 City Council Workshop Meeting C. Rapid Creek Subdivision No. 1 Water & Sewer Easement D. Twelve Oaks Sanitary Sewer and Water Main Easement E. Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps with Signs Etc. F. Professional Services Agreements for Artwork for Traffic Box Community Art Project Laura Yager Jamie McGehee, for Callie McGehee Emilee Brugger G. Agreement between Nampa Meridian Irrigation District and City of Meridian for Pedestrian Pathway at Verado Subdivision No. 2 H. Development Agreement for Lost Rapids (GFI- Meridian Investments II, LLC Site)(H-2018-0004) located at the Southwest corner of US 20-26/W. Chinden Blvd. and N. Ten Mile Rd., in the NE 1/4 of Section 27, Township 4N., Range 1W. Meridian City Council August 21, 2018 Page 5 of 108 (Parcel No.'s: S0427110011, S0427110023, S0427141803, S0427120611, S0427120916) I. Development Agreement for Compass Charter School (H-2018- 0048) with Bouma, USA, Sunshine Landscape, Inc., Gem State Home Buyers, LLC/A Star Properties, LLC and Rene A. Shoop located near the northeast corner of W. Franklin Road and N. Black Cat Road, in the SW ¼ of Section 10, Township 3 North, Range 1 West J. Development Agreement for Compass Charter School (H-2018- 0048) with Sunshine Landscape, Inc. Portion located near the northeast corner of W. Franklin Road and N. Black Cat Road, in the SW ¼ of Section 10, Township 3 North, Range 1 West. K. Development Agreement for Sodalicious (H-2018-0046) with 10th & Fairview, LLC located at 1035 E Fairview Avenue, in the northeast 1/4 of Section 7, Township 3 North, Range 1 East. (Parcel #S1107120677) L. Resolution No. 18-2093: Updating Records Retention Schedule M. Resolution No.18-2096: A Resolution for the Re-Appointment of Victoriah Madrigal as a Youth Commissioner to the Meridian Solid Waste Commission. N. Resolution No. 18-2097: A Resolution for the Re-Appointment of Randy-B Funk as a Youth Commissioner to the Meridian Arts Commission. O. Resolution No. 18-2098: 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 25.05 Acres Known As Compass Charter School Generally Located At The Northwest Corner Of W. Franklin Road And N. Black Cate Road, In The Sw ¼ Of Section 10, Township 3 North, Range 1 West, Meridian, Idaho; And Providing An Effective Date. P. Approval of Task Order 10926.a for Professional Services for “Electrical Plans Examining Services” to KELLER ASSOCIATES, INC., for the Not-To -Exceed amount of $500,000.00. Q. AP Invoices for Payment 8/22/18 - $1,602,722.16 De Weerd: Okay. Item 6, the Consent Agenda. Meridian City Council August 21, 2018 Page 6 of 108 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There were no changes to the Consent Agenda as published, so I would move that we approve it, for the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Cl erk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From The Consent Agenda [Action Item] De Weerd: Item 7, we have no items moved from the Consent Agenda. Item 8: Community Items/Presentations A. Swearing in 6 New Police Officers, Code Enforcement Supervisor, Evidence Technician De Weerd: Item 8 is exciting times and so I'm going to turn this over to first our chief in the police area and asked him to introduce this next area. Lavey: Madam Mayor, Council, thanks -- thanks for the time today. This is my 21st year working for the city and -- and I know that looking at the agenda later on we have the public hearing for the budget and -- and those past 21 years I have only seen one or two people in the audience and so we want to do our part to fill the auditorium today and it looks like we picked a great night. So, don't be disappointed, though, when we get done talking if half the room clears out, so -- De Weerd: Well, maybe they will humor us and stay for the first couple of items. Lavey: I'm hoping so. Hoping so. So, Madam Mayor, Council, this is probably the highlight of -- of the job responsibilities I have as chief and we are a little unique today in that not only do we have six new officers to introduce to you in our community, we also have two civilian employees as well. So, we are going to have all those employees, all eight of them, come up here and stand to my left, if you could. I have to have my back to the audience, so at least you can face the audience and, then, what Meridian City Council August 21, 2018 Page 7 of 108 we are going to do is I'm going to introduce each and every one of these employees to you and, then, we are going to have a swearing in ceremony for the officers as well. We did say they are new. They haven't learned the -- De Weerd: Well, I think they are new and they probably are a little anxious about turning their back to the Council. Oh, no offense, Council. That didn't come out quite the way I meant it. Lavey: But I turn my back to the audience, so they can turn their back to Council, so -- okay. Since there is eight of you and they don't know who you are, when I say your name you need to raise your hand, so they know who I'm talking about. So, they can probably figure out who Megan is, but the other gentlemen they probably can't. So, let's start with Megan. Megan actually is a new employee and she came to us from Ada County Juvenile Probation and she was hired as our evidence tech and she started with us in June 11th, 2018. One thing I will say about Megan is that she actually -- it took a while to get her to come here and she was ready for the move, but she wasn't quite sure she was ready for that step and -- and it was the great organization that we have is what convinced her. So, we welcome her, too. So, Megan, congratulations for making the best choice that you could. Rich, go ahead and raise your hand. Rich actually came to us from the state of California. He actually was -- he actually was an officer down there in California and, then, he brought his family up here to live in Idaho and he has taken over our code enforcement supervisor position and this is probably the most difficult position probably in our -- in our department, because not only does he have to please the public, but he also has to please City Hall and, then, he has to please me as well, because I have to be the liaison between both sides, so -- De Weerd: I'm easiest to please. Lavey: I was careful with how I worded that. But I have to say that it was a lengthy process trying to find that right person after losing -- after losing Tom . Tom wanting to move back to Arizona. And Rich has done a phenomenal job for us. So, we would just like to welcome Rich as well. You two can sit down if you want. Matthew, if you could raise your hand. So, Matthew comes to us from the San Diego Police Department. I think we all know where San Diego is as well. And he was with them for ten and a half years before he came up here. He actually is a fellow officer to Kyle Mikowski who came from San Diego as well and it was probably Kyle that helped encourage him to come up here and so welcome Matthew. Steven. Steven brings us -- Steven Hansen brings with him five and a half years of experience with the Latah County Sheriff's Office and he worked patrol and in the jail and, then, was assigned to a detective before he decided to move to Idaho and -- and just for the record, Latah county is in the state of Idaho. James. James Shackelford. If you look at him you might notice someone else that looks just like him. So, Josh stand up. They are brothers. James will say that he is the older and more mature one is what he told me in the -- the interview and from what I have known so far is I believe in what he says. James has worked for several different departments and it's a real test on pronouncing them correctly, so I will just say that he worked for several different sheriff's offices in California before we worked for Modesto Meridian City Council August 21, 2018 Page 8 of 108 and, then, he decided to move up here and follow his brother -- in his brother's footsteps. So, I would say that he did one thing correct that was probably more mature than you is he got here before you. Sean. Sean McDonald. Sean actually comes from the state of Idaho as well. He comes from one of those departments that always gives me a bad time, because we hire a lot of their people. Sean actually has three years of experience working for the Caldwell Police Department before he decided to come to the Meridian Police Department. So, welcome Sean. Robert. Robert Stewart. Robert has 25 years of experience as a police officer and a sergeant with the Modesto Police Department. Welcome, Robert. And Mitchell. Mitchell Littleton. He comes to us with seven years in the U.S. Army where he served his country as a medic and as an all source intelligent analyst. We thank him for his service to our country and, then, we get the pleasure of sending him to the police academy next month. So, he is a recruit. So, those are our new officers. If you guys would raise your right hand and repeat after me. I, state your name, do solemnly swear or affirm, that I will support the Constitution of the United States and the constitutional laws of state of Idaho and the laws and ordinances of the City of Meridian. That I will abide by the Law Enforcement Code of Ethics and the policies and procedures of the Meridian Police Department. That I will obey all lawful orders and directives from those appointed over me and that I will, to best of my ability, faithfully discharge all the duties of police officer in and for the City of Meridian, state of Idaho, so help me God. (Repeated by the officers.) De Weerd: Congratulations, gentlemen. Now, before you leave, one of the models that we have at the police department is family first and this is about the family almost more so than it is about you tonight, guys, and so any of the family members that want to have that awesome photo, come up and get as close as you want. This is informal. Come up and get that photo. So, does anybody -- don't be shy. That's your opportunity. Otherwise they might cringe when you want that photo later, but they can't move right now. Bernt: Selfies are okay as well. No big deal. (Pictures taken.) De Weerd: I will be the photo bomber. Lavey: Madam Mayor, it looks like I kind of hijacked Council a little bit. I didn't realize - - De Weerd: Nice job. Lavey: I didn't realize we were going to have that many people, but I thought it was cool. Milam: Madam Mayor? Meridian City Council August 21, 2018 Page 9 of 108 De Weerd: I thought it was cool, too. Mrs. Milam. Milam: Chief, I'm just wondering how many of those people that moved here from other places did so because of the lip sync video. De Weerd: What, that they wanted to be in it I wonder. Milam: Wanted to be in it next time. Lavey: Madam Mayor, Councilman Milam, I -- I can't answer that, because I believe that they were already here before we put that in front of them, but I do happen to know that the six of them did not give the opportunity -- were not given the opportunity to not participate, because it was day three on the job and they said you will go out there and you will do that. De Weerd: Well, I would just say they need to teach a certain member of our police department the words to that song. I didn't say who. Lavey: She didn't say command staff, so that was kind of good. Madam Mayor, Council, those are your eight newest members of the Meridian Police Department and your six newest officers. We still have a ways to go. We have four more positions to fill, but we were in the process of interviewing last week and, then, we have interviews next week as well. So, with that being said I am done. De Weerd: Well, chief, I would just like to -- I know you called the family forward and just a few words to the family. We appreciate you entrusting your loved one into the family of the City of Meridian. We want you to know that we will do everything we can to give them the tools they need, the training they need to be safe in doing their job of serving our citizens and I can tell you that the command staff takes that responsibility of each and every individual in our Police Department and their safety as their number one priority and we appreciate what you do in our community to keep this one of the safest communities in the state of Idaho and across the country and we appreciate how you serve and respect our citizens. So, I think you have joined -- and I think I can speak on behalf of our City Council, you have joined the best police department in the nation and we appreciate you joining our family and we welcome you with open arms. So, thank you so much. Lavey: Madam Mayor, thank you for those kind words. Have a good evening. B. Life Saving Citizen Award Presentation De Weerd: Thank you, chief. Okay. Item 8-B is under our Fire Department and I will -- I will welcome Chief Niemeyer up here on Item 8-B. Meridian City Council August 21, 2018 Page 10 of 108 Niemeyer: Madam Mayor, Members of the Council, to continue the good feeling, we are privileged to be here before you tonight to share a success story within our community, to recognize and celebrate a community hero. Really to embody the spirit of Meridian where we say neighbor helping neighbor and that's what this story is all about and in who we are going to recognize this evening. So, with that, before I begin, I would like to invite Mr. Charlie Noble and Mr. Dennis Brandt to join me at the podium, along with Captain Scott Warren, Firefighter Zach Mason and the crew from Truck 31. Madam Mayor, Members of the Council, it's always great when one of our -- one of our crews recognizes one of our citizens and on this particular call Captain Scott Warren took the time to recognize a citizen, send us a recognition and a suggestion that we -- we recognize Mr. Charlie Noble for his actions on May 21. I would like to read you what I got sent from Captain Warren. The Meridian Fire Department responded to a cardiac arrest on May 21, 2018. When fire crews arrived they found the patient in the backyard of the home with a neighbor Charlie Noble performing CPR. Charlie is a nurse at St. Alphonsus, who heard screaming for help and ran across the street to see what had happened. He recognized his neighbor was in arrest and began CPR until firefighters arrived. Charlie's quick action saved a life and that's what this is about tonight is recognizing the actions of a neighbor. So, with that I would like to read the plaque that we are going to have Captain Warren present to Mr. Noble. This is a Citizen Life Saving Award presented to Charlie Noble for your compassion and lifesaving efforts performed on May 21, 2018. Your actions on that day will always be remembered. Presented by the Meridian Fire Department and the City of Meridian. Captain, if you would like to present that I would appreciate it. So, I'm going to put Charlie on the spot if that's okay. If you would like to say a couple words. Noble: Sure. Thanks for having me -- all this very much. It was a bad situation that was surrounded by a bunch of good little situations that made everything not so bad I guess, especially in the end. There was me and several other neighbors that came together and I think we were able to manage things until EMS got there and those guys, watching them work is something else. They know what to do for sure and they are good at it. So, I'm just glad everything worked out and made me so happy to see him walk up to me in my driveway a few weeks after that. De Weerd: Well, thank you. And thank you for joining us. Charlie, you -- you really represent what the Fire Department's been working hard for in being a Heart Safe Community and encouraging our citizens to learn CPR, to download Pulse Point, so that we can get resources to those that are having cardiac failure, because every second does count and we are thrilled that you were able to be here and -- and participate in this award ceremony. It's -- it's great to see it work. So, thank you so much. Noble: Thank you all. Niemeyer: So, Madam Mayor, it would be unwise of me to keep getting along with Pam if I didn't mention what you just did. Heart Safe Meridian is a program that you all as Council have funded and supported. That's where we teach citizen CPR to our community and wanted to remind you September 19th at 10:00 o'clock we do have a Meridian City Council August 21, 2018 Page 11 of 108 CPR class for anybody interested in coming and you mentioned the Pulse Point app, Madam Mayor, which I greatly appreciate. Pulse Point is an app you can download to your iPhone, your Android, or whatever other device you have, it will notify you of a cardiac arrest in your area. If you know CPR you can come and help and be part of this great response community. So, with that thank you very much. De Weerd: Thank you, chief. And thank you to our fire crew as well. We appreciate all of our public safety first responders being here tonight. Thank you. Item 9: Action Items A. Public Hearing for FY2018 Amended Budget in the Amount of $144,675,644 De Weerd: Okay. We will move into Action Items under Item 9-A, which is a public hearing for the 2018 amended budget in the amount of 144,675,644. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: Madam Mayor, as everyone is making their way out just want to remind you we are about to increase your taxes three percent, so if -- if you want to have a say in it here is your only shot. De Weerd: Well -- and they just saw their tax dollars at work. And I know Jenny is -- is loading up and -- good evening, Jenny. Field: Good evening, Madam Mayor and Members of the Council. Tonight I am before you to present our FY-18 amended budget for your -- to accept and approve. So, here is our agenda for tonight. I'm going to go over the three major funds that we report on, General Fund, Capital Improvement Fund, and Enterprise Funds. So, we are going to start off with the total city budget of 144,675,644 dollars that we have noticed in the paper and also on the internet. This is a reduction of six point -- 6.53 percent from the original budget that was announced this time last year. I will go through the reasons why or -- for the changes in the upcoming slides. Just know that these changes all have been presented to you in the past ten months by our departments. This is more of a formal process that we notify citizens in the state of our final fiscal year 2018 budget. So, with that this will be more of a year end review for you guys. Our total city budget originally was 154,788,000. It was a reduction of around ten million, down 6.53. General Fund is down -- or up 2.56. Capital Improvement Fund is down a little under 6.29 percent. Enterprise Fund is down 12.75 percent. And, then, I'm going to go through each fund, starting off with General Fund. General Fund is sitting at a final amended budget for fiscal year 2018 at 63 million -- a little over 63 million. That is up 2.56 percent. The personnel capital and carry forward amounts are displayed there on the graph in front of you. What makes up the changes in General Fund. There were 26 Meridian City Council August 21, 2018 Page 12 of 108 total amendments that were approved through the past ten months. The major big ticket items were 1.7 million in community development, the building and electrical inspection services budget amendment. We have a parks discovery phase one amenity budget of 612,000. There is also a Comprehensive Plan consultant amendment and also an associate city planner. The carry forward adjustment that was adjusted in our General Fund was down 2.5 million. Let's move on to the Capital Improvement Fund. The Capital Improvement Fund didn't have any budget amendments in fiscal year 2018. There was a carry forward adjustment of a little over 200,000 dollars. Enterprise Fund. Enterprise Fund ended at final budget amendment -- or final amendment of 78,599,651 dollars. That is down 12.75 percent from the original published budget back in last August. They had three total budget amendments that were approved. SCADA system administrator, collections equipment facility construction budget amendment, and also a Well 29 budget amendment. Their carry forward adjustment is down 11.6 million. With that I stand for any questions of our final fiscal year 2018 budget. De Weerd: Thank you. Council, any questions? Okay. This is a public hearing and so I would ask if there is any members of our public that would like to provide testimony? Coles: Madam Mayor, no one signed up previously. De Weerd: Okay. Thank you, Jenny. Council -- yes. Denise. LaFever: Denise LaFever. 6706 North Salvia Way, Meridian, Idaho. 83646. De Weerd: Thank you. LaFever: My question is is I just was under -- I want to know what the rationale and the background behind why we are increasing and adding inspectors to the budget, as opposed to doing subcontractors. So, it's just -- as development goes up and down we have them on staff instead of a subcontractor that we can change. So, I'm just curious. De Weerd: That has been our approach for -- for years and our contractor could not keep up with the demands of our contract and so they gave a termination date and the only option we had was to pull it in house and so that has been a discussion over the last number of months that we have had and we are now offering those services in house and that was part of the budget amendment. LaFever: And I guess the follow on question is is that wouldn't you have an offsetting subcontract cost opposed to an in house and is that really the amount that it's going off, opposed to what was subcontracted versus what's in house now? So, that's just -- my one question. De Weerd: Okay. We will -- we will have Jenny cover that. LaFever: Thank you. Meridian City Council August 21, 2018 Page 13 of 108 De Weerd: Is there any other testimony? Okay. Field: Madam Mayor, Member of the Council, I believe the question was is there an offset from our consulting or our vendor versus our in house. There was an offset in our base budget and that was notated, a reduction in fiscal year '19's base budget, Community Development Department. De Weerd: Well, there is an offset, but there has been an overlap -- Field: Correct. De Weerd: -- because while we have been working to provide workspace, hire personnel and the tools and equipment, that has been happening as we continue to have the contract to have it all online before the contractor -- or the contract expires. So, there -- there will be some offset, but there is a duplicity in -- in that right now. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. And, Denise, maybe to help bring context to this process as well, the funds used to -- whether they are employees or contract, they are not tax dollars, they are actually -- it's funded through permit fees for the community -- the development community who needs that service. So, as they pay the permit fees and inspecting fees and everything, that's what funds those positions. So, as -- as the demand for construction grows, so does the demand for inspections and so where our contractor wasn't able to provide those services, like the Mayor explained, we had to bring that in house, but those funds are still completely coming from the development community, not from tax dollars. De Weerd: Thank you, Jenny. Thank you, Mr. Palmer. Council, any other questions for Jenny? Okay. If not, I would entertain a motion to close the public hearing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that we close the public hearing on Item 9-A, the fiscal year 2018 amended budget in the amount of 140 thousand -- 144 million, excuse me, 675,644. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-A. Borton: No. I was just closing the public hearing. Meridian City Council August 21, 2018 Page 14 of 108 De Weerd: Oh, I'm sorry. Yeah. I was rushing it. To close the public hearing on Item 9- A. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Made my motion to close a little longer than I needed. Sorry for that. I would move that we approve the fiscal year 2018 amended budget in the amount of 144,675,644. Cavener: Second. De Weerd: I have a motion and a second this time to approve Item 9-A. Any discussion from Council? Okay. Mr. Cl erk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. B. Public Hearing for Proposed FY2019 Budget in the Amount of $130,464,302 De Weerd: Thank you. Item 9-B is also a public hearing. It's for our proposed 2018 budget and I will turn this to Jenny. Field: Okay. Hello again, Madam Mayor, Members of Council. It's been a while. This is our fiscal year 2019 proposed budget. A p ublic hearing. The agenda is very similar. Same setup as our fiscal year 2018 amended budget. This is all the work that we put together as a team over the past seven months. We will go over the fiscal year 2019 proposed budget of 130,464,302. Again, this will be in a summary level. What we accomplished over the seven months. The details have been posted in the newspaper and our internet. So, with that fiscal year 2019 proposed total city budget. The graphs are in front of you. The one -- the picture on the left is -- depicts personnel, operating capital and carry forward percentages. The pie chart on the right is displaying the departments and their proportionate to the 130 million budget proposal. I'm going to start off with, excuse me, General Fund. General Fund's proposed budget is 65,278,150 dollars. Public safety makes up 59 percent of General Fund's proposed budget. Parks makes up 22 percent. Community Development and administration departments make up the remaining 19. The budget request for General Fund, the majority of it is in our base budget, which makes up 90 percent. Community Meridian City Council August 21, 2018 Page 15 of 108 Development, administration, replacement and enhancement requests are listed on the left of the pie chart. There are roughly around 484,000 Parks and Recreation replacements and enhancements. Same with Fire Department and Police. All listed to the left. General Fund revenue, 2019 general revenue is roughly around 55,139,886 dollars. Majority of it is property tax at 61 percent. Sixteen percent is our inter- governmental revenue, which is state sharing revenue, liquor license, and rural fire. Twelve percent is Development Services. Enterprise Fund. Enterprise Fund's proposed budget is 65,186,152 dollars. The makeup of the Enterprise Fund is 63 percent of it is wastewater, 22 percent water, and 13 percent is our Public Works slash engineering department. The remaining two percent as our Utility Billing Services Department. Their based budget and their enhancement budget is split 53 percent base and 41 percent enhancement requests, with the remaining six percent in replacement. Enterprise Fund revenue. Enterprise revenue is around 38,183,220 dollars. Majority of the Enterprise Fund revenue comes from water and sewer revenue sales at 65 percent and, then, the 26 percent, which is the sewer connection and water connection revenue makes -- makes up 26 percent. With that I stand for any questions in our fiscal year 2019 proposed budget. De Weerd: Thank you, Jenny. Council, any questions for Jenny? Okay. Thank you. Mr. Clerk. Coles: There were no sign-ups previously, Madam Mayor. De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide testimony on -- on this item? Okay. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there is no public testimony today, I would move that we closed the public hearing on Item 9-B. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-B. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Jenny, thank you. And, Todd , thank you for -- where did Todd go? There you are. Thank you for a great process in delivering this budget from its development Meridian City Council August 21, 2018 Page 16 of 108 through a couple of public hearings in June, these workshops, another public hearing in July where this was continued to be vetted and discussed and culminating in today's public hearing. So, I commend you. You have done a lot of great work and outreach in making this available to the public and answering all the questions from Council and helping us make the most appropriate budget for the city going forward. So, hats off to you. Great job and we will roundtable after this and talk about ways to make it better for next year for the citizens and for all of us. So, excellent work. Field: Thank you. Thank you, Madam Mayor and Councilman Borton. This actually is a team effort. It's not just our Finance team, it's actually Mayor, Council, you, department directors and all the staff that's involved. It is a lengthy process and we have put a lot of work into it. So, thank you. Thank you. De Weerd: And it started in February; right? Field: It did. Hey, February is coming up. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Todd always says that it's mostly him that it takes -- when I ask him he doesn't say what you say. So, I appreciate hearing that. It's really good, so -- there is also -- you know, there is a lot of trade offs in the discussion that goes. There is a lot of requests and -- and everyone's pulled lots of different directions. So, I appreciate the collective compromise of the departments in trying to make the best budget going forward. So, with that I would make a motion to approve Item 9-B, the proposed fiscal year 2019 budget in the amount of 130,464,302. Bernt: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Cl erk, we will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: FOUR AYES. TWO NAYS. De Weerd: Thank you. And -- and to the Finance Department, to each of our departments, I would echo what Councilman Borton said, there is a lot of work that goes into it and there is a lot of compromise. Certainly there has been some great questions and I think there will be a lot of opportunity for further discussions on how we can continue to improve. Meridian City Council August 21, 2018 Page 17 of 108 Cavener: Madam Mayor? De Weerd: So thank you. Mr. Cavener. Cavener: The opportunity for comment went -- came and went somewhat quicker than I had expected, so I just -- I wanted to add a couple of thoughts. Obviously, I didn't support the budget -- in no way reflects my opinion of our fine city employees who I think are second to none and swearing in some new of those tonight is always just a highlight of my role on Council. I also think it's important to thank you, Madam Mayor. You made the directors available for every one of us to meet on this and I think I touched base with every director through this process to get further clarification and questions answered and, again, echo the Mayor and Councilman Borton, I know we all as a body feel that our Finance Department works so hard to engage us and make sure that we have everything we need to make a decision and on top of that to communicate with the public, to make sure that the public is here, and so while I continue to grow frustrated that we don't have a member of the public to come and say this budget is great or this budget is terrible, I know that that's also in part because you have answered a lot of those questions that have come both from us as Council and the public before us. So, thank you. De Weerd: Thank you. Thank you, Todd. Thank you, Councilman Bird. It's always nice seeing one of our former council members in the audience. C. Public Hearing Continued from July 24 for Cherry Blossom Subdivision (H-2018-0018) by Jayo Land Development Company, Located at 615 W. Cherry Lane 1. Request: A Rezone of 10.74 Acres of Land from the R-4 to the R-8 Zoning District; and 2. Request: A Preliminary Plat Consisting of 47 Single-Family Residential Building Lots and 11 Common Lots on 10.25 Acres of Land in the Proposed R-8 Zoning District De Weerd: Item 9-C is a public hearing continued from July 24th on H-2018-0018. I will open this public hearing and ask for staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The first application before you tonight is a request for a rezone and a preliminary plat. This site consists of 10.25 acres of land, zoned R-4, located at 615 West Cherry Lane. This property was annexed back in 1959 without a development agreement. A Comprehensive Plan future land use map designation is medium density residential, which calls for three to eight units per acre. The applicant is requesting a rezone of 10.74 acres of land from the R-4 to the R- 8 zoning district consistent with the future land use map designation of medium density residential. A p reliminary plat is proposed consisting of 47 single family residential Meridian City Council August 21, 2018 Page 18 of 108 building lots and 11 common lots on 10.25 acres of land for Cherry Blossom Subdivision. The gross density of the development is 4.6 units per acre, consistent with and at the low end of the density desired in medium density residential designated areas. Homes within the development are proposed to be single story in height and the subdivision is proposed to develop in one phase. Access is proposed via the extension of West McFadden Avenue, a stub street at the northeast corner of the site, and via Northwest 7th Street to the west. Access to the three parcels at the southeast corner of the site is proposed by a common driveway from Northwest 4th Street across an existing parcel. An access easement is required for access to these lots across that parcel and those -- those are the ones you see down here where my pointer is. The easement should specifically grant access to the proposed lots. These lots are not allowed to develop unless an easement can be obtained. A total 1.11 acres or 10.8 percent of qualified open space is required, along with one site amenity. A segment of the city's multi-use pathway is proposed and an additional amenity, such as a children's play equipment or something comparable, was recommended to be provided as a provision of the rezone. The applicant is proposing as the extra amenity to provide a gazebo with picnic tables. Staff is in agreement with that amenity if Council will also weigh in on that that would be great. Concept building elevations were submitted for future homes within the development as shown. The Commission recommended approval of the subject application. John Breckon from Breckon Land Design, applicant's representative, testified in favor, as did Howie Long. Several testified in opposition. Wyatt Dryden, Ingrid Dryden, Deborah Nicholson, Todd Hansen, Marjorie Williams and Justin Williams. Jamie Elliott and Bill Luke commented on the applications. There was no written testimony. Key issues of discussion at the hearing. In favor of the proposed single -- or single story homes and reduction of the number of homes were proposed from the original application. Concern pertaining to an increase in traffic from the proposed development and impact on adjacent residences and children walking to school. There are no sidewalks along 7th Street and Washington Avenue to the south. Suggestion of a three-way stop on 7th Street for safety where the crosswalk leading to the school is located at the entry of the development. Just to back up here for a second, you can see here the school is right here and there is a pathway that goes right through here to the school and desire for more trees to be provided within the development would like more of a transition in lot sizes from the adjacent subdivision to the west. Concern regarding common driveway depicted on the plat as West Cherry Avenue, the private driveway conflicts for the proposed lots and existing properties at the southeast corner of the site off of Northwest 4th Street and an access easement for those proposed lots and concern regarding continuation of irrigation service and rights. Key issues of discussion by the Commission was the provision of another site amenity as recommended by staff and what kind of an amenity would be appropriate. The applicant did address that, as I mentioned, with a gazebo and picnic tables. Concern regarding feasibility of development of the lots at the southeast corner of the site pertaining to access via Northwest 4th Street across an existing parcel and, finally, the Commission liked the changes to the plat, including the reconfiguration and reduction on the number of lots, the single level homes and increased common area. The Commission did make a change to the staff report for the requirement of an additional site amenity to be provided above the minimum required. That was condition Meridian City Council August 21, 2018 Page 19 of 108 number 1.1.7. And, then, the only outstanding issue for Council tonight was just a determination if the gazebo with picnic tables is acceptable as an additional amenity. If so, condition of approval number 1.1.7 should be modified accordingly. There has been no written testimony submitted since the Commission hearing. Staff will stand for any questions. De Weerd: Thank you, Sonya. Council, any questions? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Breckon: John Breckon. Breckon Land Design. 6661 North Glenwood Street, Garden City. De Weerd: Thank you. Breckon: I guess what I can share in addition to what Sonya presented was that we went through a process with the -- with the neighbors. We originally had submitted a plan with higher density, had more lots, and -- well, it was -- it's a challenging site, just because of the shape of it, the triangular shape, as you can imagine, poses its -- its challenges trying to fit a square -- square lots in a -- in a triangle. But anyway. So, through that process what we ended up doing is having an additional neighborhood meeting -- actually two and we came up with two separate site plans. One was with the R-4 and one was focused on R-8, keeping it R-8 and -- or I beg your pardon, keeping it R-4 and change -- change it to R-8 and going essentially with smaller lots versus larger lots options and larger lots would be geared more towards a family style home, two story, and we talked through all these details with the neighbors and, you know, trying to work with them to come up with an option that would be preferred and -- and, then, the other option would be the smaller lots with a single story home and -- which was actually the -- the developer's preference. From the beginning the -- the -- the goal was to provide a development that would be similar to La Mirada on Meridian Road, if you're familiar with that one, and if you look at the building elevations, that's -- that's the style of home we would like to build in here. The single -- the single story, smaller square footage homes, are typically purchased by 55 and older folks, as well as younger families without children for obvious reasons and -- yeah, that was part of the discussion as well when we were talking about the open space and amenities, what would be appropriate. Well, we -- we ended up modifying the plan to the one that you see in front of you and modifying the lot sizes. A lot of the concerns were adjacency and what it's going to look like from my backyard and there was a strong wish to go with single story homes and to try to align as much as possible the -- the lot lines with the adjacent lots. You can see that this very -- very clearly on the east side there on the angle where the lot lines matchup very well. Let's see. What else can I share? There is -- there is also a pedestrian connection on the east side. There is a southeast corner. There -- there is an existing sidewalk that enters the site. We are picking that up and, then, extending it to the west over to 7th Street with a ten foot wide pathway and trying to meet all the requirements. I believe we have already met requirements as we worked through with staff . Stand for questions. Meridian City Council August 21, 2018 Page 20 of 108 De Weerd: Thank you. Council, any questions? Mrs. Little Roberts. Little Roberts: Madam Mayor. John, you mentioned the look from my backyard. I'm just curious what will be between the existing homes and the new development and -- and, then, I have a follow up after that one. Breckon: Sure. Well, I mean it's going to be backyards, single -- single family homes. So, you can see the other person's backyard or backyard to backyard all the way around. Little Roberts: Madam Mayor? De Weerd: Uh-huh. Little Roberts: Madam Mayor and John, are you planning on putting in new fencing or will there -- there be a second fence? I know it's been a while since I have read all the e-mails that we received when this kind of first came up. I remember some questions about fencing and, then, as well as irrigation. Breckon: That's a -- that's a good question. I -- Sonya, do you remember -- we went back and forth on the fencing and I know -- I know the developer is willing to do the fence. Yeah. I -- I can't remember if we -- if we ended up doing fence or not. I think we -- we are doing a new fence, but I would have to verify that. Little Roberts: Madam Mayor -- Breckon: The -- on the -- on the irrigation, I can tell you that there is -- well, the connection point is, essentially, the southeast corner where there is those three lots off to the side and down in that corner there exists -- there is an existing irrigation ditch and these are all user ditches. There is -- there is one that goes to the west along the L- shaped piece on the south and, then, it -- it keeps going all the way over to 7th Street and, then, there is a branch off that -- that feeds to the north to the lots that front on 7th Street, comes through their backyard and -- and so, you know, we are -- we haven't designed it yet, but we are planning on putting a pump station, utilize water rights for -- for the overall development, as well as save and protect the existing large ditch on the south side and, then, we will need to pipe -- pipe around to make sure that those folks on 7th Street continue to get their -- their water. Right now there is just an open ditch that kind of cuts through the field there. Little Roberts: Madam Mayor? John, I'm thinking it was someone that was on Washington Street that also said they have -- I don't know if they have open -- an open ditch or if it had a -- that each individual home, but I don't know how many -- had their own pump and so -- well, I just want to make sure that no one's lawn irrigation is interrupted for any length of time, other than to fix or -- Meridian City Council August 21, 2018 Page 21 of 108 Breckon: Oh, certainly. No, I'm not sure where Washington Street is, but I know for a fact that we are -- we are not going to cut off anybody's irrigation. Little Roberts: All right. Thank you. De Weerd: And that is a requirement in development that you cannot impede the water delivery that is currently existing. So, those are great points. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, I'm just curious why you went from a tot lot to a gazebo? And I -- I understand -- so, I'm a huge -- first of all, I'm a huge proponent of tot lots. Well known. And I understand that your demographic might be 55 and older, but also people who are in the prime are going to have kids and the -- the people that I know my age and just a little older right now, a lot of them are caregivers of their grand -- for their grandchildren and a grandparent actually needs a tot lot more than a parent, because they don't necessarily have the equipment in their home full time, so -- Breckon: Well, I -- I guess first I will say is that we are open to what that amenity is and, you know, where we had left it with Planning and Zoning was that we were going to work with staff to determine what that would be. That would kick back and forth. Is it a tot lot? Is it a gazebo? Is it exercise equipment? You know, we are -- I think the developer is open and -- and would -- would welcome Council's input, so -- but we would love to, you know, maybe modify that, if that would be appropriate. Basically we are -- we were undecided and just kind of like what you're saying, well, you know, you don't know who is going to live there and what's -- what's going to be the best use. So, we kind of landed on, well, we are thinking based on who has been moving into la Mirada, since we are -- we are basing on that, you know, the majority of the demographic there is 55 and older and, you know, a passive type of amenity would probably be more appropriate. But open to suggestions. Milam: Thanks. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: John, when I'm looking at -- I think it's -- it's number three of the existing neighborhood, if -- if my eyes are correct it looks like you have got three different lots that back up to that. Am I seeing things correct? And I guess -- just curious. I don't know if -- if the residents in number three got a significant amount of foliage. I just know the challenges that people face when they have got, you know, three different neighbors that backup to them. Meridian City Council August 21, 2018 Page 22 of 108 Breckon: Are you talking about existing Lot 3 on -- Cavener: Yeah. If I can -- let me see if I can figure out how to drive. I don't know if I -- Breckon: Yeah. There is -- Cavener: Oh, the clerk has got to give me permission. Breckon: I do know that there is a significant amount of existing trees, particularly on -- on that west side and most of them are very large. You know, the biggest -- some of the thought process there is that those lots are -- are deeper and with the smaller homes they will have a larger backyard and that will help with transition. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I don't know if staff can pull up -- again, I don't even know if there would be an image to show -- and maybe -- maybe the people who live there are -- are here tonight. I just -- that's -- that's a real hurdle for me to overcome to have three neighbors in my backyard. Breckon: Well, we did work with the neighbors on -- you know, we had -- we actually worked through -- we had six different concepts all together and -- until we landed on this one. We had -- as one of those options -- maybe I should have brought them for -- for discussion, but where -- that showed fewer larger lots and those larger lots -- the plan would have been to have two story homes with larger lot, but this is -- this is what we worked with the neighborhood on to come up with this option. Cavener: Madam Mayor? I can appreciate as -- as someone who has lived in -- in a neighborhood for a long time wanting a single story versus a two story looking over into their backyard. Me, I just -- I really get excited about the type of development that puts multiple neighbors -- three in fact -- in somebody's backyard. That's all. De Weerd: Any other questions from Council at this time? Okay. Thank you. Breckon: Thank you. De Weerd: This is a public hearing. Is there anyone that has signed up, Mr. Cl erk? Coles: Thank you, Madam Mayor. We did have one previously sign up. Harley Parson, wanting to address the Council, listed as neutral. De Weerd: Good evening. And thank you for joining us. If you will, please, state your name and address for the record. Meridian City Council August 21, 2018 Page 23 of 108 Parson: Harley Parson. 1319 North Midtown Street here in Meridian. 83642. De Weerd: Thank you so much. Parson: So, I'd like to address Luke and Genesis' concerns about the neighbors. Just to let you know there are fences that do exist on that south side -- excuse me -- the west side, the one that was marked in red and -- and so I don't -- if that neighbor had a concern would probably bring it up, but I think that's where the canal is as well. So, there is lots of space between the two backyards and I'm consuming my three minutes answering your question. De Weerd: Well, we will started it again. Milam: Start over. De Weerd: But thank you for the answer. Parson: Some of the comments in the previous public hearings had not been addressed in the staff report concerning the model after La Mirada and the homeowners association and CC&Rs. If you look at those, they have included in their CC&Rs and their monthly fees that they would care for the lawns. That means I'm not out mowing my lawn seeing my neighbors and the monthlies would be significantly higher. I don't know what they charge in La Mirada, but in my subdivision that I can see the pathway from my driveway, I only pay 150 dollars a year. I can't imagine anybody's going to mow my lawn for less than 150 dollars a month. So, we are not really looking at a variable income type housing development. This is going to be a high -- high income, people with a lot of money are going to live there. So, that's going to affect the character of the neighborhood. Also in the CC&Rs for La Mirada there is no basketball courts. That means kids are not playing in the driveway. There is also not allowed any compost. So, there is no community gardens, even though -- and -- and I'm not quite sure on the documentation here, but I did look online and I did see that one of the amenities the developer was considering was a community garden and in the previous public testimony I kept hearing tot lot and I can't -- didn't really click as to what that was. It really means a playground for kids. So, a gazebo, picnic tables -- what other required amenities are there? There is the pathway we talked about. The concern I have -- the current direct line to the existing crosswalk to the middle school does not line up with the street, so if they put a light or a stoplight there the kids have to go about 50 yards to get to the crosswalk when there are cars there. So, if the alignment could be changed that would be of benefit. So, those are the concerns I have, because the CC&Rs, the homeowners association, hasn't been addressed and this is going to be a high income and not a variable income neighborhood. So, things that I would like to see you all consider when you propose some kind of amenities is that it's multi-generational and not just what has already been discussed. I think that's about all I have. Thank you. De Weerd: Thank you so much. Meridian City Council August 21, 2018 Page 24 of 108 Coles: There were no other signups, Madam Mayor. De Weerd: Okay. Thank you. This is a public hearing. Is there anyone in the audience who wishes to provide testimony on this item? We will get you next. Thank you for joining us. If you will, please, state your name and address. Williams: Justin Williams. 1251 Northwest 4th Street, Meridian, Idaho. 83642. De Weerd: Thank you. Williams: So, I live in the bottom corner where that private driveway is. So, off of 4th Street and when you look there, there is no direct entrance to those houses. So, technically, that property is landlocked. They have an easement that was written up in I think 1952 or 1956. From what I have seen in other -- I don't want to say lawsuits, but other hearings that if the easement has not been acted on within 20 years, then, that easement basically is null and void. So, I'm not sure exactly how they are planning to get to those homes. So, they would, basically, have to drive over one of my neighbors' properties and create a larger driveway to get to those homes. So, they keep kind of passing over that idea of the easement. Does that makes sense at all? So, like you blow that up, like you literally have to drive through somebody's yard, or create a new driveway to get to that property. You can see it or not? De Weerd: No. Williams: So, off of -- or straight. You see where like the -- the new property is, I live down in the second lot and we have a private driveway that's -- whatever -- nine or ten feet wide, so down off, of course, where Cherry dead ends into it -- Borton: Madam Mayor? Let's hold for a second. Let's mark where you're at, so we are looking at the same thing. Sorry. Williams: No problem. Borton: I didn't mean to interrupt. I just -- that one right there? Williams: So exactly right there. So, the one lot there is a home and there is another lot -- there is a little tiny driveway that hooks to a home, but there is no roadway there. So, we have talked to them about like how they are going to get in, but they don't really ever specify exactly how they are going to get in and they say there is an easement -- like I said, the easement was from 1952 and it's never been used. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council August 21, 2018 Page 25 of 108 Borton: Mr. Nary, have we ever included conditions in a development agreement that the applicant ensures lawful access to all parcels associated with the plat? Nary: Madam Mayor, Members of the Council, Council Member Borton, I think that is the key issue of this item -- or discussion C-2. So, I think that was raised by the Planning and Zoning Commission that that would be a requirement to clarify this easement and access as a condition of approval. So, I do think that was contemplated by the staff. So, if it hasn't been done it -- they cannot finalize it, sir, until that is part of - - Williams: Okay. Nary: -- a resolution. Williams: Well, they like -- do they talk us or do they just do it or -- like what's the process? Nary: What they will have to do, Madam Mayor, Members of the Council, is they will have to -- they will have to be able to show a recorded easement for us to -- as part of this development agreement to -- to make sure it gets completed. So, yeah, that is contingent. And, then, the applicant when he comes back he can address that. Williams: So, if you scroll all the way in -- right there. So, the -- the house that you're on owns all the way to the concrete. Okay? And, then, the concrete is owned by the person to the left, that house, so there is not technically a driveway into this property. The property is linked to the other property. So, if they want to get in there they technically should have to go through the other property or by the easement. De Weerd: Okay. So, that is just a private driveway to the house in the very back? Williams: Correct. So, like my house is in the very back, so I go through this line, but that line is only like ten feet wide, you can't have two cars. So, you're either going to have to bump somebody's yard out or you're going to have to take the neighbors, you know, 20 or 25 feet and, then, you're going to have to put in, you know, whatever city services. That lot is also only zoned for one house, not for three. De Weerd: Okay. Williams: And I have -- I have tried and tried and tried to talk to him about it and they just keep coming back with I have an easement, but they will never produce these. So, I have had people that do it for a living look into it. So, we found the easement they have listed, but, again, it's from 1952 or 1956. If it hasn't been acted on within the last 20 years, the easement is null and void. De Weerd: We will -- we will ask the applicant to respond to that. Meridian City Council August 21, 2018 Page 26 of 108 Williams: Perfect. Thank you. De Weerd: But thank you for bringing that to our attention. Kent, would you like to provide testimony? Brown: For the record Kent Brown, 3161 East Springwood. The discussion about the three lots, Councilman Cavener, it's kind of interesting when you looked at that and so where they back up to Lot 3 and I guess they could stand in that little tiny corner and they would be adjacent, but also there wouldn't be any houses in between that area, so it's not like someone's looking out their house, even though technically you can say there is three lots that back up to him, but that area -- would it be at least ten feet wide, but in between that area, so the house is not backing up to him. But, yes, part of their yard is touching in just that little corner, because of the angle. You know, I guess you could come back a short distance and change the angle a little bit, so that you cut the corner off and, then, there is two, but you're just doing that really for no benefit. I mean you could stand in that corner and say, yes, technically there is three and as planners we do -- I got to use a politically correct word -- De Weerd: Don't worry about it. Just say it. Brown: We are asked to do stupid by the government on a daily basis and just do it. So, if we need to do that I guess -- De Weerd: I take that back. Brown: I guess that the developer can do that. I have nothing to do with this project, it means nothing to me, but I have been asked to do similar type things and it -- and when I'm looking at it and I'm talking to neighbors about something they are going -- basically what you're looking at is a gap in between two houses and there isn't a house there, so you would have maybe one house backing up and part of another that isn't really backing up to it either, because you would have a gap there ten feet in between the two houses and they are looking down the gap between the two lots that are existing there. That's my comment. Thank you. De Weerd: Thank you. Is there any further testimony? Council, would you like to -- to have -- yes, sir. Parson: Thanks. I just have a follow up -- De Weerd: If you can just restate your name. Parson: I'm Harley Parson, again at 1319 North Midtown Street in Meridian. De Weerd: Thank you. Meridian City Council August 21, 2018 Page 27 of 108 Parson: Concerning the -- the common area, I think it's going to be facing on Cherry Lane. If I look at that correctly it's going to be that peak of the triangle and I'm just wondering if there is going to be public access to any common area or if it's all going to be fenced off on -- on Cherry Lane. Right now it shows kind of a little -- in the picture that's in front of me that -- that looks like there is a little -- okay, somebody changed it. All right. So, now it's the black area that's on Cherry Lane itself. If that's going to be the common tot lot, will it be public access from the sidewalk on Cherry Lane. De Weerd: We will ask for clarity. Thank you. Parson: Thank you. De Weerd: Okay. Would the applicant like to come and respond? Maybe you now have information on the fencing; right? Did we give you enough time to -- Breckon: I tried on the fencing. De Weerd: Okay. If you can restate your name for the record. Breckon: John Breckon, Breckon Land Design, 6661 North Glenwood Street. So, let's see, where should I start? Common area on the north side, fronting Cherry Lane, it is common area, so it is open to the public. I could also add there, you know, if -- on that east side you can see a small sliver of land and that is -- that is common area to the east and so we would be abutting that and so that common area in effect will -- will be larger. If that makes sense. And so it's kind of an odd piece there. You can see the -- the center island off of Cherry -- Cherry Lane and, then, there is an existing kind of dog bone shaped common space there. We are abutting to -- abutting to that and, then, we also have another piece coming off McFadden that would abut it as well and just pick one -- one large common area, kind of a boomerang shape. That's just to be a common area. The -- let's see, there was a question about tot lot location or amenity location I will say. Gazebo and picnic tables. I thought it would be a good location to have it further to the south where we have the larger common area and do we have the landscape plan? I think that might actually show a little bit better. But, anyway, I was planning on putting it down there. It doesn't have to be there. There is -- there is another lot at the -- kind of the north side there where the -- where the road turns that might lend itself to an amenity location. Open to discussion on that as well. The other item was the pedestrian connection on the west side or to 7th Street. We did have many discussions about that and, obviously, we want this to be safe for everyone that -- as I understand that's -- that's a -- a heavily used crossing location for -- for the children as they go to school and the bottom line we -- this has not been in front of ACHD yet and we are more than welcome and we would love to work with them on that intersection, you know, whether it be turned into a three way intersection with stop signs or if we need to add a crosswalk or speed bumps or, you know, other traffic calming type of improvements, be glad to -- to do that, to maintain safety. Let's see. The other item is the three lots in the southeast corner and there is an existing easement to those three lots. We have submitted the easement to the city and I believe the city attorney Meridian City Council August 21, 2018 Page 28 of 108 has looked that over and staff came up with some specifics that are required there that we have agreed to, which, you know, we need to have a legal easement in place to allow that access if that is -- if that easement is not valid for some reason or -- then, obviously, we won't -- we won't get the access there. If we could -- could we look at the Google Earth again, the overall -- I'd like to expand a little bit, maybe give you a little more insight to that area. But there is -- so, what our intent there was -- and you can kind of see, actually, if you zoom in a little bit more, there is three homes on the south side and they have a shared driveway with an easement as well, as I understand, and their -- you can see the concrete line, it's very straight, and that abuts the property line and so the intent there is that we would, essentially, mimic that, as well as provide a fire truck turnaround and that's the reasoning for the shape of our -- and the layout of our lot. So, you know, in the end the intent would be to have one shared driveway. It provides a little better access. You can see right now there is -- there is kind of a dirt strip on -- on this project's property, as well as the folks there that abut 7th Street, that they have a -- they have a -- basically a gravel drive and that's where the -- the easement -- existing easement comes through. So, our intent was to utilize that easement and develop that as a shared driveway that could be shared by everybody and if we go back to the site plan there, you can see -- maybe we can zoom in there a little bit -- where the -- the drive is -- that we are showing abuts that, meets all the city and emergency vehicle access requirements, provides a hammerhead turnaround, and so in effect would be a shared drive for -- for everybody along that -- that lane. Let's see. What's there -- what else am I missing. There was a question about CC&Rs and homeowners association. Yeah, we have not addressed that as of yet. It's a little -- a little premature. We are only in pre-plat. I would stand for questions on -- on that or any other -- other issues. De Weerd: Council, any questions? Bernt: Madam Mayor? De Weerd: Mr. Borton? Bernt: Thank you. You sure? Borton: Yeah. Bernt: Okay. De Weerd: Mr. Bernt. Bernt: Madam Mayor. Mr. Breckon, thank you. Is there -- is there a way that the three -- the three lots that are in question that have to do with the -- with the proposed easement at the -- in the south portion of -- of the proposed development, will -- will it have access -- will those three lots have access to the rest of the development or are they just sort of off in their own little island? Meridian City Council August 21, 2018 Page 29 of 108 Breckon: They are in their own little island, yes. No, there is no connection -- connection to the larger piece. Bernt: Madam Mayor, follow up? Breckon: The thought -- the thought on that is that, you know, if we did punch a road all the way through, it would really change the environment there for those folks that are already living there. It's -- it's a little dead end stub street and so, you know, we didn't want to adversely impact them. Bernt: Madam Mayor, follow up? De Weerd: Uh-huh. Bernt: Being part of that HOA as a -- as a potential owner of one of those three parcels, it would be sort of odd that I would be part of that subdivision -- that proposed subdivision, but wouldn't have access to the subdivision at all, whether it be the proposed amenities, pathway system, whatever -- its neighbors, no National Night Out for those guys -- I'm just kidding. But it would be very difficult for those -- for those proposed -- you know, for those homeowners to have access to the community that you're proposing. Breckon: I understand. This shape of property is difficult to -- to work with. They would have to -- you know, if they wanted to get together with their neighbors they would have to walk around the block. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Councilman Bernt's right on the one sticky part. I love the in-fill concept. To the location of a tot lot, the southern portion seems to make more sense away from Cherry Lane. Bernt: Right. I agree with that. Borton: And no -- there is no cut through traffic as designed, so it's probably the safest place to put that for young kids to recreate. The challenge -- and this three lot eastern portion that we are -- there is an easement, but it sounds like -- and the sooner you figure this out the better -- there is at least some belief that the easement's been abandoned or you might be prevented from expanding its scope to allow fire and additional residents, which is yet to be determined, at least there is a dispute as to that. Breckon: Well, it's an opinion that it's -- that it's -- it doesn't allow us the access that we -- that we need. As I understand -- my opinion is that you do have access via that Meridian City Council August 21, 2018 Page 30 of 108 easement. I mean I believe the -- maybe Sonya could -- could, you know, shed a little light on it, because I think it did go to the city attorney for review and -- Borton: Well -- and Madam Mayor. I don't want to necessarily debate it now. It's a condition of approval and that little parcel is kind of the tail wagging the dog with -- with some really good in-fill projects, it just seems -- and maybe it's a question for Nary. If it goes forward and it turns out that this -- these three parcels don't have the access that you think they have, does that negate the entire plat, does it hold up the whole project, or does it prevent building permits on those three lots. De Weerd: Mr. Nary. Nary: Yeah. Madam Mayor, Members of the Council, great question and, again, I didn't review the easement. I don't know who in my home did, but I mean I think Council Member Borton has raised the exact issue. I mean the issue has to be raised by someone else that the easement's been abandoned and that it -- and that it -- because as far as we would know, as long as it's written and recorded it's a valid easement. So, that hasn't been raised. I -- you know, right now it is part of the development agreement, so if that condition fails and cannot be rectified, then, you would only have the remedies available in the development agreement, which are the annexation or something else and that would impact the entire development because of it. So, I would agree. I think it's a -- it's a question that deserves an answer. I don't know that we can answer it, unless someone were to raise that issue on whether it was abandoned or whether it could be expanded. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To that point is that a legal parcel? And, if so, could the DA be drafted in a way that could de-annex -- well, it's already annexed. This has been annexed already and so the -- the consequence of a failure to have access would only impact those three lots on that parcel and not impact the rest of the plat. It might be not a question that we can answer today, but -- Breckon: I guess if we can't get access to those three lots we would be glad to set that parcel aside and go forward with the rest of the development. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Okay. So, the way I understand this, if -- without -- that's not a separate parcel. Breckon: I believe it is. Meridian City Council August 21, 2018 Page 31 of 108 Milam: It is -- but you're taking a big risk asking us to approve this the way I'm feeling right now. I think it might be better for us to continue this hearing until you can really get a good positive idea of what's going on with that easement and make sure that it hasn't been abandoned, because if this would mess up your entire development based on not -- not having that access, I don't know that that's worth it. So -- and I'm just letting you know -- and we have an option to continue this to maybe a further date to give you a little bit of time to figure out -- to deal with ACHD and the -- and the easement, getting that wrapped up so we really know -- have more of a solid project that we are looking at. Bernt: Madam Mayor? De Weerd: We could -- we could continue this until next week and you can bring the information back then. Allen: Madam Mayor, may I -- may I intercede? De Weerd: Absolutely. Allen: We have been around and around this already. Our city attorney's office, Ted Baird, has looked -- has reviewed the easement and he believes that it is only an easement to the existing parcel as it sits today. The condition of approval in the staff report is worded such that we need an easement that specifically grants access to these three proposed lots in order for us to issue building permits on them. If they can't produce that, then, they have to either obtain a new easement that would grant access to those three lots or they can't develop those three lots. It is a separate parcel, so that wouldn't preclude them from going ahead and developing the rest of the property. De Weerd: So, they have an easement for one dwelling? Allen: That was the city attorney's determination, yes. De Weerd: So, there you go. Allen: And so far as -- if I -- if I may, too, I was looking at the landscape plan a little closer in regard to the fencing question earlier. It's a little confusing on the landscape plan. There is a closed vision fencing, as well as an open vision fencing depicted, but it -- it doesn't appear to me that a new fence is proposed along the west boundary. There is open vision fencing proposed adjacent to the common areas, as is required by our code, but I don't believe there is any new fencing proposed at the subdivision boundaries. So, if it's your desire that new fencing be required, please make sure to include that in your motion. De Weerd: Okay. And does that answer the question is that -- you just mentioned fencing around the common areas, so would that be fenced up along the north end of that by Cherry Lane? Meridian City Council August 21, 2018 Page 32 of 108 Allen: One moment. De Weerd: Maybe the applicant can answer that. Breckon: Well -- Allen: It appears there is an open vision fencing proposed at the back edge of the -- the street buffer along Cherry Lane. The applicant can correct me if I'm wrong. And, then, the other fencing it looks like is depicted along the rear of the building lots adjacent to common areas and that is a code requirement. Perimeter fencing is -- is not a code requirement, it is mentioned in the Comprehensive Plan, but it's not a requirement. De Weerd: I'm sorry, we can't take testimony from the audience. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Sonya, can you pull the Google Earth back up and we can see what's along -- between Washington. I believe that was the street that was mentioned in an e-mail. Washington homes. I don't know if we can see if there is fencing there or not. I was under the impression that they thought they were going to receive fencing as part of this. De Weerd: It is a good idea. Borton: Madam Mayor? If I understand the question right, on the southern portion property line of -- of your development there will be perimeter fencing, which the folks just south of you on Washington would benefit from; is that correct? Breckon: Yes . Okay. So, I will go ahead and -- I would like to add -- or I guess clarify that the fencing will provide -- be provided along that south property line, as well as along the -- the back lots of 7th Street. De Weerd: Okay. Breckon: You know, when I -- when I walked the site, particularly the folks there on 7th, there is a variety of fencing and I think they would definitely benefit from a brand new fence along that whole side. De Weerd: And you would get -- you would talk with the property owners, so you don't create a no man's land between the two fences; right? Breckon: Correct. De Weerd: Okay. Council, any other questions? Meridian City Council August 21, 2018 Page 33 of 108 Bernt: Madam Mayor, one more. De Weerd: Mr. Bernt. Bernt: Mr. Breckon, would -- would you be opposed to just -- even if -- even if that -- even if that proposed part at the bottom has an easement or not, would you be -- what are your thoughts about just not having that part of your development at all? Breckon: Well, yeah, I guess my thought was that it's a separate parcel and so, you know, whether we have the -- I mean if we -- if we had the easement and we can meet all the city requirements, great. If we don't, well, then, I guess we don't develop that separate parcel and, you know, it is what it is. I don't -- I don't have a clear path forward if -- if it -- I guess it lays dormant or -- or gets sold to somebody else. It's -- it's -- it's a real little piece there that's -- it is its own parcel and it's really not -- I mean it's adjacent to the other -- the bigger piece, but I guess I didn't see it as a tripping stone or -- or, you know, a roadblock to -- to the overall plan, so -- De Weerd: Your feeling is whether it's allowed to develop -- if there is an easement or not it doesn't impact the -- your proposed -- Breckon: Yes , Madam Mayor. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It is funky in the sense that that -- it's so disconnected that you will have literally a fence separating these two parcels, so you couldn't even walk across private property to get to -- so, I mean it's really separate. So, to be part of it it just -- Breckon: Agreed. De Weerd: Okay. Council, anything further? Thank you. Breckon: Thank you. De Weerd: If you have no further questions for the applicant or any of our citizens who provided testimony, I would entertain a motion to close. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council August 21, 2018 Page 34 of 108 Borton: Move to close the public hearing on H-2018-0018. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-C. All those in favor say aye. Okay. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just a couple of comments. I appreciate in-fill development here. It's always challenging to do so and there is balancing of considerations and I appreciate the applicant's efforts to work outreach with the neighbors and try and come up with the best solution in difficult circumstances. The tot lot concept and the argument of Councilwoman Milan seems spot on and there is flexibility, I think the tot lot in that southern portion does make the most sense for those reasons. Appreciate the fencing update as well. So, I don't think we need -- that's specific enough for 1.1.7 as far as the amenity. I think a tot lot is preferred perhaps. And that the development agreement really is going to have to certainly articulate that language with regards to the easement, so it's crystal clear that there is the potential that building permits might be difficult to obtain, if ever, in light of the access issues that -- well, the one -- the one issue that gives me any reservation in light of all of that is Councilman Bernt's comment about that eastern portion -- the funky part that creates somewhat of a outcast parcel in this otherwise sound in-fill development. So, scratching my head on that one. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I echo the sentiments of Council Member Borton. I think it was a -- it looks like a great development for the most part. I think I echo all those -- I agree with bringing the -- the amenity south. I just think that this is weird. There is a -- there is a parcel -- there is a separate parcel that's not even connected to the main parcel -- I would be -- I would be in favor of this development with -- with -- without that portion of the proposed development. With it, if it -- if it's -- and Mr. Breckon mentioned that it wouldn't be a deal breaker for -- for him and his -- and his client, but going forward for me to be -- to me -- for me to approve and to be in favor of this -- of this application I would -- I would -- I would not be -- I would not like that southeastern parcel a part of it. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council August 21, 2018 Page 35 of 108 Milam: I agree and I guess my -- my advice would be to build a house on that separately and don't have it be part of this -- and that could still be done, they can still be used and -- and build on and just not be part of this development, because, really, it's not part of this development, it's like the black sheep sister that gets kicked over and -- and stuff and as far as the amenities go, something to consider. It's really easy for me to spend other people's money. That's not what I'm trying to do. But with the gentleman talking about, you know, amenities for multi-generational and, yes, tot lots are great, because kids are much more difficult to deal with and they need things to play on, but in terms of marketability and selling these homes, you know, there are -- there are a lot of inexpensive amenities that might be better for older generation. So, I'm not going to force that on you, but if I was building it I would really sincerely look into something like that, that -- you know, there is pickle ball and, you know, some -- I don't know, some other -- horseshoes, whatever. There are some things that don't cost a lot of money. So, it will help you sell your properties. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: This is sometimes what's great about local government and city council and sometimes what is -- is a hurdle. I for one don't have any issue with developing this outlier parcel in conjunction with the development. We see outlier parcels come before us all the time. They don't necessarily always subscribe or have that same feel as the development that surrounds them, but having two or three homes to me is a better use than -- than bare land. So, I don't -- I don't particularly have -- have issue. I appreciate the comments, but whether that comes as a separate application or comes in conjunction with this to me seems irrelevant. I do -- as I mentioned, I'm really challenged with -- with three lots backing up against one. I appreciate the comments from Mr. Brown. I really value your expertise. How it looks on paper in front of us is different to how it pertains to a resident who has -- who has lived in that house for a number of time. So, to me I think that there is an opportunity for improvement on this. I'm not supportive of it with those three particular pieces. It's ironic that my opposition is different than some of the other members of the Council where I have no problem bringing those three kind of separate pieces all by themself. Borton: You -- Mr. Cavener, I think you bring up a good point in that if those were carved off and came as a separate application you would have a separate application of a three lot plat that might look just like what we have here -- Cavener: Yep . Borton: -- with a fence between the two parcels and your end result is the exact same. Cavener: And we are done in ten minutes. Borton: So, point well taken. Meridian City Council August 21, 2018 Page 36 of 108 Milam: Mr. President? Borton: Mrs. Milam. Milam: I guess -- and I don't have a problem with them being there. My -- I was looking at it I guess from a consumers perspective and if they are going to have to pay HOA dues, they should be able to have access to whatever is in there and they wouldn't. So, really, it has more to do with being part of the HOA than them being on the application. I mean if they are there they are there, if they are not they are not, so -- Borton: Any other comments or is there a motion to be made on the application? Madam Mayor? De Weerd: Mr. Borton. Borton: We are discussing making motions, so I'm going to make one and move it along. De Weerd: Okay. Borton: I move that we approve item H-2018-0018 to include all of staff and applicant comments, specifically with regards to the fencing and gazebo location -- or, excuse me, tot lot location and easement issues and the development agreement components that have been discussed on the record today. Little Roberts: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I have a note about the alignment of the street and crosswalk and I don't know if that was something we were supposed to do something on or -- there was an option -- Borton: Yeah. Madam Mayor I think to -- thanks for bringing that up. To include in the motion if it's -- there is ACHD approval and all of their conditions of approval, obviously, are part of our approval here and to the extent there is any crosswalk connection or safe access that's a component of their approvals, the applicant will certainly have to comply with that as well and it sounds like the applicant is ready, willing, and able to promote something that to effect, so all of that is included in the motion as well. De Weerd: Second agree? Thank you. Any further discussion? Mr. Clerk, will you call roll. Meridian City Council August 21, 2018 Page 37 of 108 Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. N. Resolution No. 18-2097: A Resolution for the Re-Appointment of Randy-B Funk as a Youth Commissioner to the Meridian Arts Commission. De Weerd: Council, if I could just ask for a couple minutes. We do have one of our youth commissioners here that was reappointed this evening. Resolution 18-2097 under the Consent Agenda, Item N, and he would like to address the Council. So, Randy-B, if you would like to come forward. You're looking smashing tonight. Funk: Thank you. De Weerd: Thank you. Funk: So, I prepared a short speech if you wouldn't mind. Thank you -- I'd like to first thank you for your time as well, Mayor Tammy and City Council. My passion for art was formed at a very young age. I was always inspired by artists' ability to create and interpret their thoughts and emotions through their form of artwork, whether that be music or paintings or sculptures, et cetera. I appreciate all those art forms and respect the time that artists put into their work. As an artist myself I get very passionate about art and all the time they put into it. It's -- it's a beautiful thing. I'm more knowledgeable in art and business than ever before because of my time spent on the Arts Commission this past year. I have created many strong relationships as well through that and it's just been a great time this last year learning and experiencing that. My fellow arts commissioners are very talented and are uniquely smart and they are capable of great things and I have seen this through this past year. They are very kind and always have something to add to the conversation or the task at hand. We always work as a team and we are very strong together and -- and creating new motions and things like that for our amazing city. I love being an arts commissioner and I am proud to be a Meridian resident. I'd like to thank you all for this opportunity and for all of your efforts to keep our amazing city clean, safe, and united. Thank you. De Weerd: Randy-B, I would just like to tell you how much -- and I'm sure Mrs. Milam will probably chime in, but your fellow commissioners think the world of you and they have nothing but glowing remarks to say. They have appreciated the contributions of passion and your willingness to be the voice of our youth in the -- in the community and I would like to, in turn, thank you for all that you did this last year and look forward to seeing your contributions in the year ahead. Meridian City Council August 21, 2018 Page 38 of 108 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: You really didn't leave much for me to say. Yeah , Randy, it's been such a pleasure having you on the commission and I mean you just came in, you fit right in, you just jumped -- jumped to work and -- and your -- your enthusiasm and -- and love of art just shines through you and thank you for all that you have done. Funk: Thank you. Milam: I look forward to working for you -- with you for the next couple years. Funk: Yeah . Me, too. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Last thing. There is nothing that makes me more proud than to see youngsters involved. Funk: Thank you. De Weerd: And I thought he was going to compliment your bow tie, okay, because he's a bow tie wearer. Funk: Yeah . Bernt: Love the bow tie, buddy. Funk: Thank you. De Weerd: So thank you and thank you to your parents. They are staunch supporters of yours and -- and we can see the parents behind the successful students. So, thank you for being here. Funk: Thank you. De Weerd: And thank you, Council, for letting me do that. I think that -- didn't quite know where he fit when his item was on the Consent Agenda where he could address you and offer is appreciation. So, thank you for that. D. Public Hearing for Bountiful Commons Subdivision (H-2018- 0067) by TMEG Properties, L.L.C. Located at 5960 N. Linder Rd. Meridian City Council August 21, 2018 Page 39 of 108 1. Request: A Preliminary Plat consisting of 6 building lots on 6.15 acres of land in the C-C and L-O zoning districts De Weerd: Okay. Item 9-D is a public hearing for H-2018-0067. I will open this public hearing and just to note following this item we will take a ten minute break. Is anyone here for Item 9-H? This has been requested to continue. Just wanted to make sure. Okay. Sonya -- Sonya -- sorry. I almost messed up. I'm so concentrating on that. Allen: Madam Mayor, may I -- may I just note that the next application is a preliminary plat and the following application is the final plat for the same project, so you may -- De Weerd: I will -- yeah. And that's not a public hearing, but we can consider both D and E at the same time. I appreciate you pointing that out. Allen: All righty, Madam Mayor, Members of the Council. The next application is a request for our preliminary plat. This site consists of 6.15 acres of land. It's zoned C-C and L-O and it's located at 5960 North Linder Road. This property was annexed earlier this year as part of the Linder Mixed Use Project. A development agreement was required as a provision of annexation. The Comprehensive Plan future land use map designation is mixed use community and mixed use neighborhood. The proposed plat consists of six building lots on 6.15 acres of land in the C-C and L-O zoning districts. The applicant proposes to develop a mix of retail and office uses on the site. Access is proposed via one access from Linder Road at the south boundary of the site and a north-south drive aisle that serves as a frontage road to North Linder Road that stubs to the north and south property lines for interconnectivity with adjacent development. A cross-access easement is required to be provided between all of the proposed lots and to the adjacent properties to the north, west, and south. And 35 foot wide landscape street buffer is required along Linder Road, an entryway corridor, as proposed. A ten foot wide segment of the city's multi-use pathway system is required within the buffer. A 25 foot wide buffer to residential uses is required with lot development to the residential properties to the east. A condition of approval, Number 1.17 recommended by the Commission requires the applicant to submit an exhibit depicting proposed fencing and landscape berm combination with the final plat application. Because this was a topic of discussion at the Commission hearing, staff recommends the Council make a decision on the buffer requirements with this application, rather than with the final plat application. The applicant -- so, the -- the drawing here before you is what was requested by the neighbors and, then, the applicant has submitted two different concepts that are shown here at the bottom right-hand corner for the buffer, neither of which have a fence and berm combination as recommended by the Commission. Option one depicts a three foot tall berm and no new fencing and option two depicts this new six foot fence with no berm. The applicant would prefer the first option. Conceptual building elevations were submitted for the proposed development as shown. The Commission recommended approval. Trevor Gosser, the applicant, testified in favor. Joe Marshall, Barbara and Leonard Badigian and Wendy McKinney testified in favor. No one testified in opposition and no one commented. Written testimony was received from Greg Reynolds. Joe Marshall submitted a petition with six signatures Meridian City Council August 21, 2018 Page 40 of 108 requesting a CMU fence built on top of a three foot tall berm and landscaping consisting of a mix of evergreen and deciduous trees within the 25 foot buffer to residential uses at the east boundary to be constructed at the beginning of construction of the site, rather than with lot development. Key issue of discussion was the landscape berm and fencing along that east boundary. Key issues of discussion by the Commission where the coordination of the berm and/or fence buffer between the subject property and the residential subdivision to the east. The Commission made changes to the staff recommendation as follows: Recommended the middle of an exhibit depicting proposed fencing and landscape berm combination with the final plat application and modification to condition number 1.15 to allow one building permit to be issued prior to recordation of the plat. And the only outstanding issue for Council tonight is the determination of what type of buffer should be required along that east boundary adjacent to residential uses. No written testimony has been received since the Commission hearing. De Weerd: Okay. Council, any questions for staff? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Sonya, B-1 looks like a spite strip fence-to-fence gap. Am I looking at that correctly? Allen: Madam Mayor, Councilman Borton, Councilmen, they -- the property line is approximately two plus feet -- let me start over. The existing fence in the residential development is approximately two feet off of the property line. Borton: Right. Allen: So, if a new fence is required on this property line there would be a strip that would not be great for weeds, people hanging out, that kind of thing. Unless the applicant -- or the neighbors agreed to remove their fences, which would be in their best interest to have a little larger lawn area or yard area, but that -- unless they all removed the fence that would create a problem. Borton: It certainly would. All right. De Weerd: Any other questions for staff at this time this? Okay. Is the applicant here this evening? Good evening. If you will, please, state your name and address for the record. Gosser: It's Trevor Gosser. 74 East 500 South, 2200, Bountiful, Utah. De Weerd: Thank you. Meridian City Council August 21, 2018 Page 41 of 108 Gosser: Madam Mayor, Council Members, thank you for letting me come before you and present my Bountiful Commons Subdivision proposal here. You know, I'm coming forward just to plat six lots -- commercial lots. Two L -O zoned and four zoned C-C. I am in approval with all of staff's comments. Really what we are here discussing is the landscape barrier in the back where I abut to the Paramount Subdivision. That's -- I think it's R-8 is -- is what that zoning is there and in the Planning Commission meeting I was given a proposal from the neighbor five minutes before the meeting, so I -- I have to say I wasn't so prepared for -- for that -- for that request and while we were talking with the Planning Commission I was against building a CMU fence that's six feet tall across the whole back wall there. I felt like that was -- was above and beyond what is required. What is required is just a 25 foot landscape buffer and so I -- you know, they -- one of the commissioners -- I can't remember which one -- was requesting that I do something other than just the 25 foot landscape barrier and I said, you know, maybe a combination of a fence and a berm and -- anyways, since then I -- I went and looked at the surrounding developments that are closest to my development and you can see here -- I don't know if you see this, but on the northwest corner of McMillan and Linder there is a new property that has been developed, a commercial property there right on the corner, and it's -- Fancy Freeze is one of the tenants and Tin Tacos, which is really good, by the way. I love that place. And so I went and looked to see what they had done and this is actually C-G. My -- my zoning is C-C, so it's a little less intrusive, I don't know, against residential, but they had -- they had just provided a three foot berm and it's -- they -- they didn't put in any new fencing to my knowledge. It looks like it's just the original fencing from the -- the residential development and, then, if -- if you scroll down or I guess maybe I can scroll down here. Okay. There we go. I went and looked at -- I was afraid this was going to happen. I went and looked at another property nearby. Let's see here. Oh, my gosh. Allen: Want me to do it for you, Trevor? Gosser: Help me. Which is the southwest corner of Chinden and Linder and it's a new Dollar Tree that was built. It as well is zoned G-C and it up -- it butts up against an R-4 zoning and they just have put in -- it looks to me as a three foot berm and no new fencing. It's the original fencing from the subdivision developer and so, you know, what I would like to propose is -- is putting in a berm similar to my peers or the other developers -- a three foot berm and that 25 foot landscape barrier as -- as my buffering up to the property. I have proposed another proposal that would be no berm and I would install another six foot fence on the property line and, then, the residents could choose to take down their fence if they want, but like Sonya said, that -- some might not want to do that, they will -- they would have to extend to that one or else will have gaps with their neighbors, that two feet stretch there, so, you know, I kind of left that open, but presented another option, so -- so, I will see if you guys have any questions. De Weerd: Okay. Council, any questions? Not at this time. Gosser: Okay. Thank You . Meridian City Council August 21, 2018 Page 42 of 108 De Weerd: Thank you. Coles: Madam Mayor, we had a few signups this evening. First was Barbara Badigian, signed up as neutral with no indication of testimony. De Weerd: Good evening. Thank you for sticking around. If you will, please, state your name and address for the record. Badigian: Thank you. I'm Barbara Badigian. I'm at 5965 North Arliss, Meridian. De Weerd: Thank you. Badigian: And our property backs up to his project. What he's not saying, though, there is a difference in the elevation for where we are and where his property is. So, if he just puts a berm there it's lower and if he does -- if he brings it -- just puts a tree there it's not going to do anything for us. So, I'm just trying to clarify that a little bit. So, we have some -- you know, it just -- I have been -- we have gone along with him. He's done a nice job with what he's doing. He went along with the neighbors and stuff, but he said he was -- you said that he was supposed to talk to the neighbors. He did not. So, I don't know where that goes either. So, I just wanted to put my little two cents in. De Weerd: Thank you. Badigian: Thank you. De Weerd: We appreciate you being here. Bernt: Madam Mayor, I have a question for -- De Weerd: Barbara, we have a quick question. Bernt: So, it -- are you -- are you requesting a -- a fence? Badigian: Yes. Bernt: Okay. So -- Badigian: A fence and a berm. Bernt: All right. So, if he put up -- if he puts up a fence are you taking yours down? Badigian: Yes . I guess. Just what -- yeah. Also that our property is not where it should be. There is at least two or three feet between our property and the property line and it shouldn't have been that way, but it was put that way. Meridian City Council August 21, 2018 Page 43 of 108 Bernt: Have you spoke to your neighbors? Are they willing to take down their finances as well? Do you have any idea? Badigian: I can't hear you. Bernt: I said have you been able to speak to your neighbors in regard to the fence issue? Would you -- would you all be willing to take down your fences? Badigian: Well, we -- I mean this is what we wanted to do is have a berm and a fence. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I think -- I'm just a little bit confused and I'm -- I hear you. I'm not certain exactly -- so, the property where this -- this application is is lower than your property. Badigian: Yes. Right. Milam: So, it puts a three foot berm and if you put a fence -- Badigian: It's just going to come up to where my -- Milam: It will be the same -- well, if his property is lower and it's towards him, it's actually going to be lower than your fence. Badigian: Yes . You're right. Milam: So, it's actually going to do you a disservice. Badigian: Say again? Milam: It will be a disservice to you, because you would have a lower fence than what you have now. Badigian: That's right. Well, no, I don't want to take my fence down. I shouldn't have said that. But, yes, I think something needs to be done, though, so that it -- there is not the noise nor anybody looking down in -- because they are going to put a two story building right behind my house. Now, can they look down into my backyard? I think so. Milam: But I think that a fence that's similar to yours, but -- and lower ground isn't going to help you with noise or sight. Badigian: No. But something has to be done to rectify it -- Milam: Right. Meridian City Council August 21, 2018 Page 44 of 108 Badigian: -- bring it up or -- or something. Milam: I understand. I'm just trying to think of like what a solution could be. Okay. Thank you. Badigian: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just to cut to the chase for me, there is no scenario where a fence makes sense. You will always have the risk of two fences and -- De Weerd: And a no man's -- Borton: -- a no man's land and removal of a fence with this proposal, with great intentions, now invites the private property owners to utilize the eastern portion of the developer's parcel, which is the backside of the berm. So, I think the intent I get, but I don't think there is any solution where a fence is appropriate. It may be a discussion on the matrix of what berming, you know, would still satisfy the same privacy concerns, sound mitigation, you know, the reason we have 25 foot. Oh, I'm sorry. So, briefly I didn't think there was any scenario where a fence -- a second fence ever made sense. Great intentions behind it, but it -- De Weerd: We can't have a dialogue. Borton: I was just going to explain a position of a second fence will never work. It will only cause unforeseen problems forever with a strip between two fences. So, the solution to this real problem might be trying to address the landscaping or the size of the berm to facilitate the privacy and sound mitigation that our code tries to address, so I don't know if that's helpful or not, but there is no fencing -- this circumstance doesn't work. De Weerd: Mr. Clerk. Coles: Madam Mayor, Leonard Badigian also signed up as neutral, with no indication of testimony, but he's walking up to the podium. L.Badigian: My name is Leonard Badigian. I live at 5965 North Arliss Avenue. De Weerd: Thanks, Leonard. Can you push the -- the microphone closer? L.Badigian: Yes. Meridian City Council August 21, 2018 Page 45 of 108 De Weerd: Thank you. L.Badigian: I can't talk too loud. De Weerd: That's okay. L.Badigian: Anyway -- you want me to say it again? De Weerd: No. You're good. L.Badigian: Oh. Okay. Yeah. My wife was under a misunderstanding. We are -- we are going to take the fence our -- or we are going to move our fence out regardless. Borton: To the line -- L.Badigian: Yeah. To the property line, because his fence would have to go with the CC&Rs. Our is going to have to -- we could only go six feet up. we are three feet higher than the other property and the reason -- the reason for being three foot high is there is -- the gentleman that owned the place had an irrigation canal running there, so when -- when we bought it we just bought bare land. We went back to California and came back when it was finished. Well, the -- the canal was there at the time. No disclosure or anything. We didn't know. We didn't know, as a matter of fact, until he moved his irrigation canal in about two years ago maybe, over a year ago, and, then, two feet of our property -- or two and a half feet -- I don't -- I didn't measure it. I didn't go back there, but is -- it's higher than his property by -- by two to two and a half to three feet. We figure if there -- if we leave it there is going to be that area where they could climb -- climb a berm or climb a fence. It doesn't matter. We don't -- well, we don't really care about the building that he's building, okay? We -- we didn't fight it at all -- the thing, but it's only 25 feet away and it is two story. We want a fence naturally that's at least as high up as our property -- as our fence and that's -- that's about it. And I -- I would like to know another thing. Are there any applications filed for this property as far as buildings or businesses or anything? De Weerd: They can't even apply for building permits until the land is entitled. L.Badigian: Oh. Okay. De Weerd: So, this is the first step and, then, that would be this -- L.Badigian: I was wondering if we are a little ahead of ourselves. De Weerd: No. This -- this is the order of how it typically happens. L.Badigian: Oh. Okay. De Weerd: Yes. Meridian City Council August 21, 2018 Page 46 of 108 L.Badigian: Okay. De Weerd: So, you -- Leonard, you're saying that you would be moving your fence to two feet to the property line. L.Badigian: To our property line. De Weerd: Or if we asked the -- the applicant to build a fence would you agree to having them build on the property line? L.Badigian: Having him build his berm on our properly line? De Weerd: His fence. L.Badigian: Well, not necessarily. He could build it on his property line. It's just going to be two fences like that. De Weerd: Yeah . That -- L.Badigian: We don't want no -- no space in between it where kids or somebody -- I will say kids, but I shouldn't have. It's profiling. Anyhow. But if they did climb -- if they climbed in between there they could -- they could cause a lot of damage or step from one fence to the other fence and in. We do know the kid thing. L.Badigian: Yeah. But that's about it. De Weerd: Okay. Well, thank you for your testimony. L.Badigian: Thank you. Allen: Madam Mayor, may I clarify one item, please? De Weerd: That would be awesome. Allen: This is a little abnormal, whereas they do have a legal parcel here, so they are -- as the conditions are written the applicant is allowed one building permit prior to final plan recordation. So, I just wanted to correct that on the record. De Weerd: And, then, one building permit prior to -- but they need to approve it tonight -- Allen: It's one building -- De Weerd: You had one prior to today -- this application? Meridian City Council August 21, 2018 Page 47 of 108 Allen: Now, what I was saying is is typically we won't allow any building permits to be issued until the final plan is recorded, until they have a legal lot, but in this particular case as it sits today they have one legal parcel that they can obtain a building permit on and the applicant has requested to be allowed to do that. So, as the conditions are written currently they are allowed to get one building permit prior to the plat recording. De Weerd: If it's approved tonight. Allen: It has nothing to do with the subdivision plat before you tonight. Unless you choose to make them record the plat prior to issuance of a building permit, but there is no legal reason to do that, unless you just prefer to do that since they are requesting a plat. Does that makes sense? De Weerd: I think I'm following you. Allen: Okay. And then -- De Weerd: It doesn't matter if I am, it matters if Council is. Allen: And, then, just one more note in residential districts that maximum fence height is six feet, but in commercial districts the maximum height is eight feet. So, that might also be a consideration, since there is a grade difference there that might help the neighbors out. Thank you. De Weerd: Appreciate that. Okay. Mr. Cl erk. Coles: Thank you, Madam Mayor. The last sign up is Wendy McKinney in favor, with no indication of testimony. De Weerd: Okay. Those are the names that signed up. Is there anyone else who would like to provide testimony? Would the applicant like to respond and wrap this up. Gosser: Trevor Gosser. Address, too? De Weerd: No. You're fine. Gosser: Okay. So, the elevation difference that's going on here that they are discussing is a gravity irrigation system that's been in place to -- you know, to water the -- you know, their -- their farm and everything east to west and so that's why there is like a two foot ditch right there. It really isn't like a whole property, it kind of goes under just for the gravity flow and for everything to flow down and so I would fill that ditch in and I would put the berm at least -- at three feet taller than the bottom of their fence, if that would make them feel better. You know, just -- I would do that and that's what I was planning on doing was filling in that ditch anyways, because I got to get rid of it and -- and so that's what I would propose. And the fence was put in -- that whole fence line was put in by the residential developer and I don't know why they -- they put it two feet Meridian City Council August 21, 2018 Page 48 of 108 off the property line, but they did and I don't think it was my -- this -- the owners of the property that I'm working with I don't -- I don't think it was them that actually did that, it was -- it was the developer of the residential. De Weerd: Interesting. Okay. Any questions for the applicant? Borton: Madam Mayor? Was there -- during your neighborhood discussions -- Gosser: Oh. And I wanted to -- Borton: Oh. Gosser: I'm sorry. Please. Go ahead. I -- you reminded me of something. Borton: I'm intrigued. Gosser: I did reach out to Mr. Marshall, who was the one who proposed the CMU fence. I sent him two e-mails, one on the 9th and one on the 14th, with a proposal, asked if he would meet on the 14th when I was in town and I didn't get any response and he has responded to me in the past via e-mail and that was -- that was our communication in the past was via e-mail, so -- and he was the one that was adamant. I'm surprised. You know, I thought he would be here tonight. He must have had something. But I did reach out to Joe, who was the one who was putting the petition together and -- and asking all the residents to provide their signature. De Weerd: Okay. Anything further from Council? Gosser: And I -- I -- I feel like I just need to say this, too. So, you know, this -- before I came in with the Linder Mixed Use project and I brought it in half commercial, half multi- family and the residents came out and were not in favor of the multi-family. I'm sure you guys probably remember. But I think it was more on the Planning Commission side, but you probably heard about it. Anyways, I really tried hard to work with the neighbors. I really have. You know, a CMU fence is -- I feel like is above and beyond. Plus I have to bring sewer from the middle of Cayuse Creek all the way to my site, because the developer to the south didn't bring it to and through and design it to -- to meet my property. So, I am here bringing sewer all the way down Linder 500 feet, which is a huge cost for my development, and so I'm just trying hard to -- to keep my costs in check, because they have kind of gotten out of control with the sewer issue. So, I would -- I would just ask you to keep that in mind, too. Do you have any questions for me? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Or -- I don't know -- for staff I would like to know how are -- or, yeah, how did that happen and we have a policy that's to and through and that -- it should not -- the Meridian City Council August 21, 2018 Page 49 of 108 whole point is that it's not on the burden of the next property, but I do have a question for you. I don't know the cost of a berm, so I'm not going to -- but, you know, it -- it would be outrageous to make it a little higher than three feet? Four feet or five or six, seven? I don't know what -- Gosser: Well, just -- just where the berm would go I'm filling in the ditch. So, you know, we are talking, I don't know, five feet right now what I'm going to do to fill it in, plus give them that three foot berm and I'm looking, too, just at what the adjacent developers have done and, you know, the Fancy Freeze is a drive through, 30 -- I don't -- 40 feet away from the residents they have a drive through right there and that -- that was all that was put in. You know, I mean -- I would think that one should have been required to have a higher berm. I'm putting -- I'm selling this back parcel to a dance studio and so to me it's a low impact use and so I guess that's just -- I would prefer just to put in a three foot berm. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: And what is the distance from their property lines to your -- your first building or -- like you said, the Fancy Freeze is 40 feet. What is your distance? Gosser: Well, I'm not developing that site, so I -- I'm a land developer. I'm selling the back parcel to a dance studio -- to the actual use and they will be building it and what -- the plans that they have shown me, these could changes as they are pushing it closer to Linder Road, so they have visibility from Linder Road. Milam: Right. Makes sense anyway. Okay. Thank you. Gosser: Uh-huh. De Weerd: And, frankly, you don't want the berm too high, because, then, you can get the same kind of concern of what someone's going to do behind the berm and be in front of the fence. So, it is a balance. Would you be willing to put in an eight foot fence and coordinate with the -- the neighbors, so you don't have the dual fence thing going on? Gosser: Will you put in my sewer for me? De Weerd: No. Just saying. No. Gosser: I feel like six feet -- it seems -- you know, I look at the other developments and I feel like six feet is -- is adequate and what -- you know, I'm trying really hard to keep my costs where -- to not get out of control, which they already have gotten out of control. Meridian City Council August 21, 2018 Page 50 of 108 De Weerd: Well, I think one reason staff would like Council to weigh in on this is because this is -- with the neighbors and the decision makers -- and it doesn't put them in a situation where they have to just look at minimally what complies. Gosser: Sure. De Weerd: And sometimes that's the situation they are put in. Gosser: But minimal is -- is 25 feet of landscaping. That is -- that is what code is. That is all that I'm required to do. And so putting in a berm is going above, I believe. Or I will put in a six foot fence at their level, two feet, so they can gain that two feet if they want it. De Weerd: Yeah. I wasn't talking a berm and a fence, personally. Gosser: Okay. De Weerd: I was just asking if you would do a higher fence, if Council wanted the fence. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: First of all, I -- and I agree with what you're saying, if he's going to put a fence in, a six foot fence on their property, is -- is, in essence, as an eight foot fence on his property. Putting it on the property line; right? I think what -- asking that -- I don't know, how many neighbors are there, because I think that -- Gosser: Four. Milam: How many? Gosser: Four. De Weerd: Four. Milam: Four. Gosser: They all here? Milam: Yeah. If they are all here and ready to -- to commit to that, I think -- De Weerd: Well, one is. Meridian City Council August 21, 2018 Page 51 of 108 Milam: One is. But if all four don't -- we already said we can't put a fence and they don't want him to put a fence on their property line, which means he has to put it on his property, and we can't force somebody to take their -- it just sounds like a whole group of trouble to me. Borton: Madam Mayor? De Weerd: I agree. Mr. Borton. Borton: What sounds like a collective compromise would be one of two options. Three foot berm as a component of your 25 foot landscape buffer, or, Option B, a six foot fence on the property line coordinated with all property owners for the removal -- probably at your expense -- of their fence and they would utilize your new six foot fence, either A or B, to be the condition of -- of approval. That -- did I paraphrase what it sounded like you were prepared to do? Gosser: Oh, if -- if I have -- then there is the two foot extension to -- from each property owner. The new clients as well. Borton: Madam Mayor. Are you talking about the north and southern portion, the little two foot -- Gosser: Well -- so, they are -- they are two feet off the priority line. Borton: Right. Gosser: So, if I do it two feet, just where the property line exists, then, they will all have a two foot gap where their -- you know, where the fence is -- Borton: I assume the two foot gap would be filled by you in accordance with the rest of the six foot fence, because everyone has a common interest to make this work. Gosser: Sure. Borton: Or the berm. I mean if you didn't do it -- I guess the berm is not an option. Gosser: I mean I would -- I would prefer to do the berm is what I would prefer. Borton: Me either. De Weerd: Well, thank you. Gosser: But I will yield to you guys. Borton: And Madam Mayor? I don't -- I -- I didn't make the suggestion in that regard, it was more of a -- providing flexibility for you -- Meridian City Council August 21, 2018 Page 52 of 108 Gosser: Sure. Borton: -- to look at that. Gosser: No. I was kind of proposing that -- you know, either a six foot fence or a three foot berm, you know. I was -- I wasn't -- I was going to have the residents do their part to take down their fence and extend to the new fence is -- is what I am proposing. Borton: Madam Mayor? That would be for you and the neighbors to figure out, but the only condition -- if the fence option was the selection that there is not two, it's only an option if the removal of all four fences -- whoever is paying for it -- Gosser: Yeah. Borton: -- it all has to come out or that option doesn't exist, because you -- Gosser: Okay. Borton: -- under no circumstances can there be two fences. Gosser: Yeah. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Can we approve it with this or this? These are your two options. You figure it out, go work it out with the neighbors and if you guys can work it out or that -- if you can't, then, you put a berm. De Weerd: Just make a decision. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: We have spent significant time this evening in the weeds. I do not see any reason why we need ask or require the applicant to go engage four homeowners about their willingness to dispose of their fence or not. We require the 20 foot landscape buffer. The applicant is saying in addition to he will do a three foot berm, why we want to engage four homeowners about whether they want their fence down and who wants it down -- we could just get ourselves into so much trouble that inevitably we are going to have three homes without a fence and one home with a double fence and everybody is going to come back here upset with us. I appreciate the applicant's willingness to Meridian City Council August 21, 2018 Page 53 of 108 accommodate both the Council and the public. Unless there is any other comments, I'm happy to close the public hearing. De Weerd: That would be awesome. Cavener: Madam Mayor, I move we close the public hearing on Bountiful Commons, H- 2018-0067. Milam: Second. De Weerd: All those in favor say aye. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I was on the Planning and Zoning Commission when this -- when this first application -- application came and I will have to say that Trevor has made some serious accommodations to the -- to the local residents in that area. When it was first -- when they first spoke about it -- I mean it was multi-family and much more dense than what we are talking about now and I have to congratulate you and thank you, Trevor, for doing such a great job and actually taking the time and effort to speak to these -- to these residents. Now, that doesn't mean that they are going to agree with you one hundred percent, that's never the case, but I would have to say that you have came pretty dang close. Going forward I -- I am not supportive of any fence coming down or being erected for the 25 foot buffer, plus the three foot berm that Trevor proposed. Milam: Is that a motion? Bernt: Sure. Borton: Second. Bernt: I guess that was a motion. De Weerd: Could you just make it again. Bernt: Sure. Milam: Anything else we need on -- Bernt: Yeah. Is there anything else that -- Cavener: Yeah. The 1.15. I don't know if you're including that or not. Bernt: I'm trying to figure out -- Meridian City Council August 21, 2018 Page 54 of 108 De Weerd: When he makes his motion he will. Bernt: Okay. Yeah. I got it. Madam Mayor, I move to approve H-2018-0067 with a modification to condition 1.1.5 to allow one building permit to be issued prior to recordation of the plat and along with that the developer will include a three foot berm to separate the two properties with no fence being taken down or being put up with a 25 foot buffer. Milam: Second. Borton: Second. De Weerd: I have a motion and a second. Any discussion? Cavener: Talk about a fence? De Weerd: No. Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Final Plat for Bountiful Commons (H-2018-0084) by TMEG Properties Located at 5960 N. Linder Rd. De Weerd: Thank you to the neighbors. Okay. We are going to take a ten minute recess. Oh, yes. Let's do E. Council, do I have a motion on 9-E? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve 9-E, H-2018-0084. Milam: Second. Borton: Second. De Weerd: I have a motion and a second to approve 9-E. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. Meridian City Council August 21, 2018 Page 55 of 108 MOTION CARRIED: FIVE AYES. ONE ABSENT. (Recess: 8:48 p.m. to 9:00 p.m.) F. Public Hearing for Creamline Park (H-2018-0051) by Volante Investments, LLLP Located at 1480 W. Franklin Rd. 1. Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 8.06 Acres of Land From Mixed Use-Community to Industrial; and 2. Request: Rezone of 8.74 Acres of Land From the C-G to the I-L Zoning District De Weerd: Okay. Let's go ahead and start this meeting. 9-F. I will open the public hearing for H-2018-0051. Allen: Madam Mayor, Members of the Council, the next applications before you are a request for a Comprehensive Plan map amendment and a rezone. This site consists of 8.06 acres of land, zoned Z-G, located on the north side of West Franklin Road just east of Linder Road. This property was annexed back in 2006 and included in the subdivision plat for Creamline Park Subdivision. A development agreement was required as a provision of annexation. The Comprehensive Plan future land use map designation currently is mixed use community. The applicant is requesting to amend the future land use map to change the land use designation on approximately 8.06 acres of land from the MUC to the industrial designation. The amendment is desired so that the applicant can develop industrial rather than commercial uses on the property. Much of the area between Ten Mile Road and the city's east boundary just west of Cloverdale, south of the railway corridor, consist of industrial uses with some commercial uses fronting on Franklin Road. The applicant's request is based on the adjacent industrial zoning and uses to the north and east and the shortage of light industrial property in the city. A rezone of 8.74 acres is also proposed from the C-G to the I-L zoning district, consistent with the proposed future land use map designation of industrial. Although no development is proposed at this time, the applicant plans to develop the site with a warehouse and/or flex space type uses, which are listed as a principal permitted use in the I-L zoning district. There is an existing development agreement for this site that governs future development. Because this property is zoned C-G and was previously planned to develop with commercial uses, that development agreement does need to be amended consistent with the proposed zoning and industrial use of the property. The Commission recommended approval. Brad Miller, Van Auker Properties, testified in favor. He's the applicant. And no one testified in opposition or commented. Written testimony again was received from Brad Miller, Van Auker Properties. There was no discussion by the Commission and there was no changes to the staff recommendation or outstanding issues for Council. No written testimony has been received since the Commission hearing. Staff will stand for any questions. Meridian City Council August 21, 2018 Page 56 of 108 De Weerd: Counsel, any questions? Does the applicant have comments? Good evening. If you will, please, state your name and address for the record. Van Auker: Good evening, Madam Mayor, Members of the Council. Ron Van Auker, Jr., 3084 East Lanark Street in Meridian. And as staff has commented, we have owned this property for 12 years, developed the acreage to the north into light industrial space. It's a hundred percent occupied. We need this land to complete our development there and as has been said, the commercial designation really hasn't developed in the past 12 years, so we would like to change zoning and put something on the market that's a little more leasable, so -- that serves the market. With that I will stand for any questions and just ask for your approval this evening. De Weerd: Thank you, Ron. Council, any questions? Bernt: No questions. De Weerd: Thank you. Van Auker: Thank you. Coles: Madam Mayor, we did have one sign up this evening. Steve Berardinelli, who is signed up as neutral, but wanting testify. De Weerd: Okay. Steve. Good evening. If you will, please, state your name and address for the record. Berardinelli: Good evening. Steve Berardinelli. 1108 West Crestwood, Meridian. De Weerd: Thank you. Berardinelli: So, we have been out of the country in Italy and come back and seeing some of the transitions and in visiting with some of my neighbors in the last few weeks most of them are elderly, a few younger couples, plan to stay and die there and give it to their kids. We border Franklin right across the street from the applicant and that street has taken its toll on central valley homes from the expansion of the road, removing the backyards, adding the extremely tall fencing, additional noise. I personally feel that we have had enough done to us trying to get a night's sleep with -- our backyard has gone from 17 feet down to 11 feet with the road expansion and the main bedrooms on all the houses on Crestwood have four to five foot backyards with their bedrooms sitting right on that street already. The road crews break the windows all the time. We have had sliding glass windows broken every single year that HD -- De Weerd: ACHD. Meridian City Council August 21, 2018 Page 57 of 108 Berardinelli: Thank you very much. Has replaced our windows and will continue to do so, but there is something about being in the middle of winter and having your window broken out and just having anymore larger trucks coming in and out of there, keeping people in that neighborhood and myself, my mother-in-law being woken anymore during the night is kind of a little unsettling. I'm sure it's going to be good for property values down the way. They think that's kind of why the designation of the properties were set there were commercial and there is -- there is commercial development coming this way. I think commercial is an appropriate zoning to protect that whole community on the other side of the street coming in from the backside of Linder there. Those industrial units that he has are all the way in the back. There are, I don't know, I would guess over 1,500 feet, 2,000 feet setbacks and they are well over an acre where those trucks come in and out for the laundry facility that's currently there. I think it's AmeriPride. So, I would ask your respect for the people that live there and your thoughts and I'm a temporary resident there. I live in two places, unfortunately for work and nobody is amore supporter of industrial than myself. I have a two truck company, so our industrial places seem to be shrinking and shrinking, but I don't think I would want to put something up against a residential neighborhood as large as central valley area there. De Weerd: Thank you. Berardinelli: There are lots of homes that need protecting. Thank you. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Steve? Cavener: Steve, would you mind answering a couple of questions? Thanks for being a part-time resident coming and testifying on this issue. I appreciate it. I just want to -- I was trying to kind of follow along with your comments about your concerns and -- and I'm not sure -- is it the trucks or noise or just that its industrial in general that -- that has caused you some grief? Berardinelli: The grief is caused by expanding Franklin Road from back in the -- the grief comes from expanding Franklin back in the day and taking away the personal property of the people that live there, so that we could expand the road and I think the consensus of the -- everybody, the neighbors and the homeowners association is that went along without a lot of fight, but to bring more trucks -- to bring a tow truck through there and wake up my neighbors would not be acceptable for me as a business owner. I would not approach you and buy a piece of land and want to change the zoning so I can bring my tow trucks in there in the middle of the night -- towing for the City of Meridian to wake up those people. You wouldn't approve it anyway. I would hope you wouldn't approve it. Those homes were there before that and those people have a right to live their -- their lives there. Meridian City Council August 21, 2018 Page 58 of 108 Cavener: Madam Mayor. Is -- do you mean tow trucks along -- in your example tow trucks on Franklin? Because -- and maybe I'm not seeing things right. Your neighborhood is separate from -- Berardinelli: These lots are right on Franklin. Right across the street is my house. Cavener: Right. Milam: On Franklin. Cavener: On Franklin. Berardinelli: And there is one, two, three, four, five, six some odd homes there that those trucks will be coming in and out of those -- those driveways, that one street or two streets that might be there -- who knows what -- you can't say, I can't say when those trucks -- you can't dictate to that industry what -- what they can do. You could have a -- you could have a coin crusher if it got permitted there that's running only at nighttime. You know, I don't know where -- you know, where it stops, because those people's homes have been there -- our homes have been there for a long, long time and I think there is plenty of businesses that would enjoy -- I would enjoy putting an office and an auto repair shop there. I think there are plenty restaurant establishments that would love to go in there. I think that land has a great value as commercial and we have enough industry -- industry coming in on that -- trying to come in on that street. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: And -- and I will ask Mr. Van Auker if he -- he may have some idea of what type of tenants will be in there, but the -- but the thing is right now it's zoned commercial and I know it's fun to think of commercial as these nice little mom and pop shops, but you could also put apartments in there. You could put -- Berardinelli: Apartments -- apartments, though, would be more proper than a towing company or a light industrial stamping company. Milam: Right. Or a store that requires big semis to come in and do deliveries. I'm just saying maybe he has an idea that -- he doesn't have a lot of other places. So, you might have people lined up for it and he might have some kind of idea what type at least -- and maybe not, but I'm hoping that -- that -- I'm just saying commercial isn't safe necessarily either. De Weerd: Well -- and typically industrial properties have less traffic and -- Berardinelli: Not small traffic, less -- Meridian City Council August 21, 2018 Page 59 of 108 De Weerd: Less trips. Less trips. Berardinelli: Okay. More large traffic. De Weerd: Not always. But not in -- Berardinelli: I have four locations within Boise, McCall, Donnelly, and every one of them is an industrial area and I fail to see a Honda drive through there, other than an employee. My tow trucks run in there 24/7. They pull wrecks in. Cars dropping parts off. I have police coming into the lot in the middle of the night searching them. De Weerd: I guess I missed -- I didn't know that he was proposing a tow truck company. Berardinelli: No, he's not. I have a tow truck company. De Weerd: Oh. Okay. Berardinelli: So, I know what goes in industrial and I'm saying I wouldn't be asking you to put an industrial -- change from commercial to industrial for my benefit when you have all those homeowners there. I would not expect it. De Weerd: Okay. Thank you, sir. Berardinelli: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony? Sir. Good evening. If you will, please, state your name and address for the record. Eller: Good evening. My name is Nick Eller and I'm at 851 West Honker Drive in Meridian and I will be quick on this one. I'm actually here for another issue, but this is on the other side of our subdivision and this -- this project, one thing that I look at is Meridian is growing in this area, it's -- it's been slow in this area, everything has been to the north, the whole Linder Village off Chinden, that -- that's been a big focus, but when you look at satellite growth it has been very slow and now growth is starting to end up at Ten Mile and Franklin, which I know this developer has had some issues renting this out in the past, but it's growing and I think -- I think the mixed use for this property is the right designation. It might take a little bit more time, but it's coming. Most of the buildings that are currently there are concrete tilt up. They are not the nicest looking and I think if we allow more concrete tilt ups along that frontage of Franklin we are going to regret -- regret it later. Currently there is nothing near that subdivision -- I'm not sure how many houses are in that subdivision there, but there is more coming. We have got a -- on the agenda tonight -- tonight additional houses and apartments coming. Ten Mile there is additional apartments and -- and multi-family housing coming down there, but there is no places to really eat in that area. No retail. Something that I would look Meridian City Council August 21, 2018 Page 60 of 108 forward to is something that we discussed earlier today is the Fancy Freezes, you know, some restaurant. One of the things that I love is -- I go to the gym across the street. There is no parking, anything like that. The newer gym, if -- if Van Auker can work on getting that tenant to move across the street and create a bigger gym it would be perfect. There is a lot of people that go all the way from that subdivision and the near subdivisions down to Meridian Road, down to Eagle Road. You know, my nightly -- I am a single guy, so I can go down to Eagle Road and, you know, find a place to eat, but that's where I end up driving. I -- there is not really a whole lot going on in downtown Meridian. It sounds like it's coming, but, like I said, that growth is starting to come this direction and I think mixed use is the right designation. To reiterate, if we allow another concrete tilt up along that whole frontage we are going to regret it later and wish that it was mixed use and so that's my thought. I think the time is coming. In the past that growth wasn't there, but I think it's here. Thank you. De Weerd: Thank you. Any further testimony? Thank you. Council? Oh, I'm sorry, Mr. Van Auker. Van Auker: State my name again for the record? De Weerd: Yes , please. Van Auker: Ron Van Auker. 3084 East Lanark in Meridian. I appreciate the comments. Like I said, we have owned that property for 12 years now. We are -- we have no vacancy in the area and, you know, we are kind of -- we are ready to develop that -- that property and we have got some options that come with the light industrial zone and flex is a product that would work great in our opinion for that -- for that land and there is certain things that aren't heavy industrial that you can do in a flex type zone that we -- we would explore and we are speculative developers to -- to speak to Councilman Milam's comment. So, right now we don't have tenants that are lined up for that property, but our thought process would be to build something there and wait for them to come and my vision -- or our vision for that property is something a little more trendy type industrial than what we have seen built to the north. We have got four smaller lots not -- not large lots to put a big footprint building on, so, you know, I think we are -- we are reacting to what the market is telling us. We have done development in the community for 40 plus years and I would argue a little bit with the -- that industrial is -- is needed here and it's eight -- a very few acres left in the city for industrial development that's ready to go if we were get your approval tonight. So, any questions? Milam: Madam Mayor? Cavener: Madam Mayor? De Weerd: Mrs. Milam. Cavener: Okay. Meridian City Council August 21, 2018 Page 61 of 108 Milam: Ron. I'm -- so, okay, if you don't have tenants lined up and you are talking about flex space, can you just maybe give some examples of like the type of tenants that might use the type of space that you are -- Van Auker: What is trendy -- Milam: Yeah. Trendy. What is -- yeah. What do you -- Van Auker: Sure. You know, supply companies, small distributors. To the north we have the larger type distribution tenants. They are doing very well there. The access to the freeway is key, obviously. But, I don't know, a paint store, something like that -- that -- you know, a lower intensive use, industrial type tenants, not a stamping company or a towing facility and I would say, again, we are -- we are a company that owns things long term and we build it for the next 50 years not -- not to flip to an investor. So -- so, I don't know if I answered your question. Milam: Keep in mind your neighbors across Franklin. Van Auker: Yeah . Your comments about a gym, I mean that would work in an I-L zone. You would need a conditional use permit to do it. We have done it before. Nontraditional type uses. We lease -- in our portfolio we have a basketball club that leases from us and a volleyball club. So, I think, you know, some type of a nontraditional industrial use that -- a tenant that needs the industrial look, but can't go into a lower ceiling retail space or second generation space. De Weerd: Mr. Cavener. Cavener: Madam Mayor, Mr. Van Auker answered my question. De Weerd: Any other questions? Thank you. Van Auker: Thank you. De Weerd: Council, I -- Cavener: Madam Mayor? De Weerd: -- see our citizen would like to -- Steve has another question. Cavener: I'm open to that. Sure. De Weerd: If you will restate your name for the record. Berardinelli: Steve Berardinelli. 1108 West Crestwood, Meridian. De Weerd: Thank you. Meridian City Council August 21, 2018 Page 62 of 108 Berardinelli: I'm talking about if you would watch what you rent or lease to or build for. I don't think there is any legal oversight that can tell him is there? You don't -- can't dictate to him once it's industrial, other than light or heavy industrial, what he can put there? As a business owner myself I'm not going to limit my options and say, gosh, I -- this building has been empty for four years now and this can crushing company wants to come in and I'm going to rent it to them, because it's within the Comprehensive Plan of light industrial. Is that an accurate -- inaccurate statement? Can you say to him we approve this, because you said you would watch out for your neighbors then? Milam: Madam Mayor? Berardinelli: Is that -- Milam: So, no, we can't. But there are certain people who -- you have been around long enough that you know the integrity, you have seen the process of -- he said they develop to -- they keep their -- their developments. They are not -- they are not building to sell, which -- in which case they would have no control. So, if somebody who I trust says -- looks me in the eye and says, yeah, I will make sure -- but, no, there is nothing that we can do legally about that. But he also mentioned that these buildings are not big enough for a large industrial purpose. They are -- they are small, so that -- Berardinelli: Yeah. We are next door to a can crushing company that has zero impact as far as noise and, as matter of fact, there is a manufacturer that makes aluminum parts that's twice as noisy as -- as their product, because it's so well insulated inside the building. But I agree -- I'm sorry I don't know the other gentleman's name that spoke -- I have no place to eat, other than one restaurant next to a gas station in -- without driving or making a big loop. Going to McDonalds or -- I mean it's -- is it five miles? No. But is it where maybe you might have something close that you enjoy eating. We would really help -- you don't eat. But you also don't have commercial industrial buildings there. I just ask if -- what would you do if it was your daughter and your sons and your grandsons living right there and your grandmothers on that whole street. Our elderly handicapped folks that aren't here tonight, because they can't be. De Weerd: Well, thank you, Steve. Berardinelli: Thank you. De Weerd: Any wrap up? Thank you. Council, anything further? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just -- just for conversation starter, you know, we are going through our comp plan update and -- and I wonder when we are doing focus groups and surveys, how Meridian City Council August 21, 2018 Page 63 of 108 many of our citizens would say that an industrial use would make sense across the street from residential, even if it is on Franklin. Take out who the developer is. Take out their reputation. How many members of our public would say that makes sense. I don't think very many would. We hear this, though, time and time again, there is a huge demand for industrial use in Meridian. That's because there is not very much left. So, we as a body got to make a decision. Is it worth -- I would assume probably going counter to what the vast majority of our public would think -- in order to gain more industrial use. I'm not sold. I know we need it. I think it's important. I just don't think that's the right location and so I'm not supportive of the comp plan amendment to the map amendment. Just don't think it's the appropriate location. De Weerd: I think if you look further down that -- that corridor is an industrial corridor, in particular on the north side, and you are starting to see homes on -- on the south side and I guess the homeowners -- at that time they know who their neighbors across the street are. You look at the bus barn and -- and Republic and that the neighbors just outside the -- the screen. So, it is -- it is a corridor that -- that already has established itself there as well. Cavener: Then Madam Mayor? De Weerd: Mr. Cavener. Cavener: I don't disagree, but it's also a residential corridor as well. I would say it is as much, if not more, a residential corridor than it is an industrial corridor, including many long time residents of Meridian. De Weerd: On the south side that's true. Cavener: Madam Mayor, I don't see anybody else piping up with any comments, so I will go ahead and make a motion that we deny Item 9-F -- oh, sorry. Madam Mayor, I move we close the public hearing on 9-F, H -2018-0051. Nope. That's the wrong one. My apologies. It is getting -- that was the right one. Yeah. Sorry. Bernt: Second. De Weerd: I have a motion and a second to close the public hearing on 9-F. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Madam Mayor, I move that we deny Item 9-F, H-2018-0051. De Weerd: Okay. I have a motion -- Milam: Second. Meridian City Council August 21, 2018 Page 64 of 108 De Weerd: And a second. Any discussion? Nary: Madam Mayor? Because this is a rezone, Madam Mayor, Members of the Council, you will need specific findings as to the basis for denial and what -- what, if anything, they could do to be approved. So, if you would make sure to put that on the record as part of your discussion. Cavener: Madam Mayor, I will be happy to add that. My reason for denial is I think it's incompatible with the existing residential use that's across the street. De Weerd: And second agrees? Milam: Agree. De Weerd: Discussion from Council? Okay. Mr. Cl erk. Roll call: Borton, nay; Milam, aye; Cavener, yea; Palmer, absent; Little Roberts, nay; Bernt, nay. De Weerd: Okay. The motion fails. MOTION FAILED: TWO AYES. THREE NAYS. ONE ABSENT. De Weerd: Do I have a different motion? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve H-2018-0051. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-F. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, nay; Cavener, nay; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. G. Public Hearing for Tanner Creek (H-2018-0023) by Schultz Development Located at 505, 521, 615, 675 W. Waltman Ln. Meridian City Council August 21, 2018 Page 65 of 108 1. Request: Replacement of the existing Development Agreement with a new agreement to accommodate the proposed residential development plan; and 2. Request: Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on 39.25 acres of land from Commercial to Medium High Density Residential; and 3. Request: Rezone of 38.48 acres of land from the C-G to the R-15 (west 22.59 acres) and R-40 (east 15.89 acres) zoning districts; and 4. Request: Preliminary Plat consisting of 141 building lots and 18 common area lots on 37.87 acres of land; and 5. Request: Conditional Use Permit for a multi-family development consisting of 272 dwelling units in the R-40 zoning district De Weerd: Item 9-G is a public hearing on H-2018-0023. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a development agreement modification, a Comprehensive Plan map amendment, a rezone, a preliminary plat, and a conditional use permit. This site consists of 37.87 acres of land, zoned C-G, located at 505, 521, 615, and 675 West Waltman Lane on the north side of I-84, west of South Meridian Road. This property was annexed back in 2006 with the requirement of a development agreement. In 2008 a preliminary plat was approved for Browning Plaza Subdivision. Several time extensions were approved, but the plat expired earlier this year. The Comprehensive Plan future land use map designation is commercial. The applicant proposes to replace the existing development agreement with a new agreement to accommodate the proposed residential development plan. The provisions of the existing development agreement are included in Exhibit A-9 of the staff report. The existing agreement recorded in 2008 is for a 400,000 square foot commercial development consisting of professional offices, a hotel, big box retail store, and smaller retail spaces distributed among 27 -- or, excuse me, 21 separate building -- buildings that were previously plated -- excuse me. I can't speak tonight. Previously planned to develop on this site. Since many of these provisions do not apply to the proposed residential development, the applicant wishes to replace the agreement with a new development agreement based on a proposed development plan. Staff has reviewed the existing provisions that are still applicable to development of this property and has included them in the new development agreement. An amendment to the future land use map is proposed to Meridian City Council August 21, 2018 Page 66 of 108 change the land use designation on 39.25 acres of land from commercial to medium high density residential. The applicant's narrative states that because the site is located between a quarter and a half mile west of South Meridian Road, a principal arterial street on a local street, West Waltman Lane, commercial development is not viable. Therefore, the applicant requests an amendment to the future land these map in order to develop residential uses on the site. There are two parcels located at 737 and 755 West Waltman Lane in Ada county that are included in the comp plan map amendment request that are not part of the proposed development plan. Staff requested the applicant include these parcels as leaving the two properties with a commercial designation would not be compatible with the existing abutting residential uses and future residential development if their proposed comp plan map amendment is approved. Approval of the requested future land use map amendment and proposed single family detached homes -- townhomes and multi-family housing would provide a transition in uses and zoning between the single family residential subdivision zoned R- 4 to the west and the commercial designated properties zoned C-G to the east. The Ten Mile Creek will provide a natural one hundred foot wide transition and buffer area along the east boundary of the site between the proposed residential and future commercial developments. A r ezone have 38.48 acres of land from the C-G to the R- 15, which is the west 22.59 acres and the R-40, which is the east 15.89 acres -- zoning districts is proposed consistent with the proposed comp plan map amendment designation of medium high density residential. A concept plan was submitted as shown that depicts single family detached dwellings along the perimeter boundary of the single family portion of the site, with townhomes internal to the development and multi- family on the eastern portion of the site. A large central common area is proposed within the single family portion of the site. Amenities for the multi-family development are separate from that of the single family development. To e nsure the site develops as proposed and recommended by staff with this application and in accord with the Comprehensive Plan, staff is recommending a development agreement is required with the rezone containing the provisions included in Exhibit B of the staff report. A preliminary plat is proposed consisting of 141 building lots, consisting of 126 single family and 15 multi-family lots and 18 common area lots on 37.87 acres of land. A phasing plan was also submitted as shown that proposes four phases of development. Access is proposed via two new accesses from Waltman Lane, one for the single family portion and one for the multi-family portion. An existing stub street West Ruddy Drive at the west boundary of the site is proposed to be extended with development. A stub street is proposed to the out parcel at the northwest corner of the site for future access upon redevelopment of that parcel. A concept plan has been submitted as shown that depicts how -- how those two properties could redevelop in the future. At the request of emergency services staff recommends private streets are provided within the multi- family portion of the site for addressing purposes. Waltman Lane is required to be improved as half of a 36 foot wide collector street section, plus 12 feet of additional pavement, for a total of 30 feet with curb, gutter, sidewalk and a gravel shoulder. Improvements to Waltman Lane will require the reconstruction of the existing bridge over the Ten Mile Creek. As part of this application the applicant proposes to enter into a cooperative development agreement with ACHD to construct the extension of Corporate Drive north of this site from its current terminus north of Ten Mile Creek to Meridian City Council August 21, 2018 Page 67 of 108 Waltman Lane. This will take place as part of the first phase of development and will provide additional access to the site and the area and provide for access while the Ten Mile Creek bridge on Waltman Lane is reconstructed. And that is -- I will just flip back real quick here. You can see right here this is where Corporate currently terminates right here and, then, this developer is proposing to extend that down to Waltman Lane. Street buffers are required to be provided along West Waltman Lane and I-84 in accord with UDC standards. The Commission recommends the entire street buffer and sidewalk along West Waltman Lane is constructed with the first phase of development and the entire street buffer, including the berm and wall along I-84 is constructed with the third phase of development. Noise abatement is required for residential developments adjacent to the state and federal highways. The applicant is proposing a nine foot tall berm and four foot tall Semtex granite wall adjacent to I-84. Qualified open space and site amenities are proposed in accord with UDC standards. A total of 6.87 acres of common open space and eight site amenities are proposed. Site amenities for the overall development consist of a clubhouse, swimming pool, two playground areas, park area, pergola shade structure, fire pit, a ten foot wide multi-use pathway along the Ten Mile Creek and a pedestrian bridge over the creek for connectivity to the east. A conditional use permit is requested for a multi-family development consisting of 272 dwelling units in 14 structures on 15.89 acres of land in the R-40 zoning district in accord with UDC Table 11 -2-8-2. The units will be housed in a mix of eight, sixteen and twenty-four plex two and three story structures ranging in size from 779 to 1,258 square feet. A mix of one bedroom, 70 units, two bedroom, 136 units and three bedroom, 66 units, are proposed. Conceptual building elevations were submitted that depict the general style of development proposed for this development. All structures, except for single family residential detached homes, are required to comply with design standards. Additionally, because the rear and/or side of structures on Lots 2 through 9 and 33 through 48, Block 3, and Lots 2, 7 9 and 14, Block 10, that face West Waltman Lane and I-84 are highly visible, these elevations should incorporate articulation through changes in two or more of the following: Modulation, for example, projections, recesses, setbacks or pop out. Bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall plains and roof lines that are visible from the subject public street. Single story structures are exempt from this requirement. And these are concept drawings of the proposed multi-family structures. A m inimum of 509 parking spaces are required with 272 of those being in a covered carport or garage. A total of 537 spaces are proposed with 272 being carport spaces, for a total of 28 spaces above UDC standards. The Commission recommended approval of the subject applications. Summary of the Commission hearing. Matt Schultz, the applicant's representative, testified in favor. One person testified in opposition, that was Clair Manning. Several folks commented as follows: Bill Kissinger, Joe Lorger, Michael Swenson, Geronimo Martinez and Steven Cooper. Written testimony was received from Bill Kissinger, Casper Larsen, Jerry Peave via NextDoor. Key issues of public testimony. There was concern regarding the increase in traffic from the proposed development and extension of Ruddy Drive from the west boundary. Improvements such as curb, gutter, sidewalks and designated bicycle lanes to Waltman Lane needed prior -- prior to construction. Opposition of more multi-family development in Meridian when schools and Meridian City Council August 21, 2018 Page 68 of 108 infrastructure maybe inadequate to deal with current population. The proposed density is too high. Preference of single family homes, rather than apartments. Concern regarding sufficiency of parking proposed for the multi-family development. And impact of proposed development on existing area residents. Key issues of discussion by the Commission was the phasing and timing of the street buffer landscaping along I-84. Concern regarding long-term maintenance of the street buffer landscaping along I-84. Improvements to Waltman Lane associated with the proposed development and extension of Corporate Drive. And concern pertaining to loss of commercial uses on this property. Commission changes to the staff recommendation was a modification to development agreement provision number 1.1J and condition number 1.23 to allow the street buffer along I-84 to be constructed with the third phase of development as requested by the applicant, instead of with the first phase. Modification to DA provision number 1.1C to remove the single family residential lots adjacent to I-84 from the requirement to provide articulation on the elevations facing I-84 and that was because those were single story and they include a new DA provision that restricts single family homes adjacent to I-84 to a single story in height as proposed by the applicant. There are no outstanding issues for Council tonight. Written testimony since the Commission hearing has been received from Donna Aldridge. Staff will answer any questions. De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Sonya, can you mark on -- or at least point out where the three story units are on the -- Allen: I am not sure that, Councilman Borton, Madam Mayor, but the applicant should be able to tell you in their presentation. De Weerd: Okay. Any other questions? Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Schultz: Good evening, Mayor and Council. Matt Schultz. 8421 South Ten Mile, Meridian. It's good to be here. It's not too late yet I guess. You guys have had a long day. MDC meeting, too, I guess. So, happy to be here. It's been about a year for me to get to this point, after first looking at it and getting going on it. A lot of design work, a lot of busy consultants, a lot of time, a lot of input from staff, ACHD, and we think what we bring before you is a good fit for this, although it may be at first blush is like, oh, my gosh, we are getting rid of commercial. What are we doing? What are we doing? Well, first of all, if you look at Google Earth over the whole city, good commercial has good -- good access and good frontage access. Waltman Lane is not that. It's a quarter mile back from Meridian Road and everything you see in Meridian or even in the state or even across the country is probably within probably three to five hundred feet of their -- Meridian City Council August 21, 2018 Page 69 of 108 of their main access, even though you got visibility on the freeway. For something this large, which is 38 acres, plus there is another 30 to the east of us that will certainly be commercial for sure, even though not all of that is yet, because there is a corner piece that was ITD that needs to get updated in your comp plan to commercial and it will. It's in private hands now. So, what you're really looking at is probably about a 70 acre site that could be potential commercial, could be some residential like we have proposed, but some commercial, but say a 70 acre commercial site, even a 40 acre commercial site needs exceptional, outstanding -- all the superlatives you can think of -- regional access frontage, like Overland Road, like Eagle Road, like those things. Waltman Lane being a dead end is not that. It just isn't. It's a -- it's a nonstarter from a -- from a major commercial. Back when they went forward in 2006, highly speculative environment. I'm sure from 50,000 feet it looked good being in the center Meridian, nothing else was going on, I think the Portico might have happened after '08, but, then, since, then, we have had, obviously, The Village, we have had some owner change, we have got some other things to work -- I don't think it would work in '06 myself and nobody I have talked to does, but they made a good effort. Took them two years to get it approved. They started in '06. Took them until '08. They had several hearings on Planning Commission, several on City Council. A lot of different options. A lot of that was the infrastructure of the access -- the Meridian couplet wasn't done. Waltman was even -- was even a bigger mess than it is now, which it's not too bad now since we fixed the couplet. But they -- they negotiated a three million dollar tax financing with MDC for the infrastructure that included bridges, included Corporate, included the intersection with Meridian Road and who knows what else. I wasn't involved in it. But three million dollars. It was alive. And I'm sure that's what kind of -- in going through the downturn, you know, they are looking for options and that's just where it landed and that's why it got approved, a commercial site on 38 acres that we think is a nonstarter. What we propose instead is, basically, the west half of a mixed use where the east half in the future will be commercial. A good dividing line is the Ten Mile Creek. It will provide good transitional housing, kind of finish what was started with The Landing 20 years ago and do a high quality berm, a high berm, good mix of single family attached and detached, alley and non-alley single family with some transitional higher density apartments, which we think in an area -- if you look at the COMPASS report of how many jobs are within a mile of this, is that a misprint? It's like thousands supposedly. You know, if you are going to put density anywhere -- and this is like a -- it's only ten to the acre combined. If you are going to put a semblance of density anywhere put it close to interchanges. Put it close to your housing. Put it close where people can be walkable. You know, we are putting in the pathway. We are putting in pedestrian bridge. This is close to downtown, within a mile, mile and a half of downtown. So, what we think is -- we think this adds some energy -- some residential energy to, obviously, a spot that's been challenged for all the years. I have been doing stuff on the outskirts of town, haven't been able to do a lot of stuff in the middle and so this is, obviously, a little different. High profile. Something we want to do well and do nice. We come before you with approval from your planning commission, from -- from your staff. We even had an ACHD hearing. It was a consent agenda with ACHD staff, but after the P&Z hearing, which we hadn't had the ACHD hearing yet, the residents were complaining that they hadn't been heard yet, so we will call ACHD and get it on the public hearing. So, we Meridian City Council August 21, 2018 Page 70 of 108 went and had a public hearing with ACHD, you know, an hour long talking about pedestrian access and what was going to be done and all that and we worked some things out and got approval from ACHD as well and went through that process. So, to answer Mr. Borton's question about where the three stories are, they are up against the Ten Mile Creek and, then, they transition to two story as you head -- head west against our residential. That's two story against the highway and we are doing single story and they are further setback. We are doing single story, single family on the highway below the berm. I think Sonya has -- has our animated fly over that we done that kind of shows a view of what that will look like so you can picture it. Going down the freeway a little bit. We tried to do that to kind of picture. It's hard to envision, so we spent a lot of time and effort to put that together as well. So, you know, the comp plan amendment is a high bar to set. I mean to change it is not easy. So, are we getting something good here? I think we are. I think we are getting some good. I think commercial doesn't work here. We are replacing the Corporate bridge this winter, hopefully, if all goes well, knock on wood. We are going get Corporate in place and we are going to build the Corporate bridge, extend Corporate down to Waltman. The previous developer had purchased right of way from the landowner for that right of way and sold it to ACHD ten years ago or 12 years ago. So, we are using that right of way to come down, build that. The existing Waltman bridge is not being replaced because of us. It needs to get replaced today. It's -- it's a bad bridge. It's not bad in terms of it's going to fall over tomorrow, but it is not up to standards. It needs to be replaced. So, we are going to put in the Corporate bridge first with a Ruddy connection to the -- hold on a second. The Ruddy connection to the west, which is a big deal, because all that traffic has been going out to Linder all these years from The Landing Subdivision, because 20 years ago Waltman really had a bad intersection with Meridian Road, so they intentionally cut off traffic from going that way. So, everything has been going out Linder. So, we come in and do Ruddy, which the commercial development was going to do as well. There is going to be a switch. I mean some people that live in The Landing that used to go out are going to go out to Meridian Road. They just are. And I even asked ACHD if we could -- hey, could we just leave it blocked off like it always has been and, you know, the answer, no, you got to punch it through, you got to connect it. We got to make the world right again on the way it should have been connected had -- had the Meridian Road connection been good when -- when that was approved 20 years ago. We have got good open space. Centralized. It's -- we think it is a good comprehensive change -- Comprehensive Plan amendment change to get something going on a piece of property that commercial is not going to go. I think it will provide good energy for the -- for the area pedestrian wise. We are doing a pedestrian bridge as we show. It is a bridge to nowhere right now, but in the future when that develops it will be a connection. So, we are the first guys in. We have the 400 foot right of way of the drain, so we offered the pedestrian bridge to be able to connect to the future commercial and, then, ultimately, over to the interchange and over where it needs to go. We think it's a good site. We have got a good -- if you -- if you want to watch the -- about three or four minutes and I think I got a little bit of time. We will squeeze it in there and, then, I will stand for any questions. You want to run that, Sonya, please. Breckon -- Breckon designed it and they were here earlier, so -- he didn't want to hang around to watch it. He wanted to get out of here. So, this is dropping in from about 10,000 feet I guess or so. Looking down Meridian City Council August 21, 2018 Page 71 of 108 on I-84 corridor and it's going to twist and drop us onto Waltman Lane. The green -- you know, there is a lot more green in this than the commercial, which is all -- all parking lot. The commercial subdivision at 10,000 trips a day. This has about 3,000. So, it's a great reduction in the trips. So, you can see the three story to the -- to the east. The two story going -- transition into the -- into the single family residential. This is going down Waltman. We have got an ample buffer down Waltman. Detached sidewalk. And, then, we head into the single family residential portion. And this is the road that curves around into Ruddy and connects in. It's a no front housing. There is our central park. It is going to give us some scale with these renderings. Then it's going to go over to the -- the apartment side and these are preliminary colors, preliminary renderings. We have got to go through final design review. So, this is a work in progress here in terms of what the ultimate design looks like that, but you get the idea about the scale and the masking that we have in the landscaping. There is about a 4,500 square foot or 5,000 square foot clubhouse, pool area and, then, it's going to transition back to the pathway and run down the pathway and out to the highway. So, early in spring there is a lot of nice wild flowers growing apparently. We are -- we are planning on revegetating that and improving it. It's really just a cow track right now. It's been overrun by cows. It's kind of not really good looking. We want to improve it as best we can with the irrigation district's requirements, which means you can plant some seed and that's about it. It's got good connectivity out to the pedestrian -- city regional pathway, which is where the sewer trunk runs existing already and you can see we step down to the two story as -- as we head to the highway and there is a good step back. So, this is running down the -- down the highway. I tried to -- I told them to do it at the same level as the cars so you could see the tall landscape buffer. We want to put a fence on top and the single story behind it, so you won't see any of the second stories and so there is really no need for the articulation requirement, since we are doing single stories. We really want to do that berm well. There is only probably one berm in the whole valley that looks halfway decent and it's over by the hospital at Touchmark. It looks good. It doesn't have a wall on top, it just -- it has big trees and grass and everything else just doesn't look good. It just doesn't. Varying degrees it doesn't look good, you know, so we -- we understand. We are high profile. We want to -- we want to do well and kind of finish what we started going into Ten Mile Creek and, then, that corner will be the commercial to the east. So, like I said, we -- we agree with staff's conditions of approval. We agree with ACHD's conditions of approval. ACHD has agreed to -- or we are going to design it, we are going to build it, we are going to get reimbursed. They are going to pay I think 70 percent of the -- of the Corporate bridge and they are going to pay 70 percent of the Waltman bridge, which is good. I mean, you know, we are kind of -- we are teaming up with them. They are providing that. We are also providing pedestrian access up Corporate and the sidewalk and we are going to look at getting another access out on Waltman pedestrian wise with an existing right of way. ACHD may do that under their own project. We said, hey, whatever it takes. We want to work with you. We want to figure that out. So, we are surveying and seeing what we can squeeze in there within the existing corridor or they may need to buy some more right of way. We have offered to participate in that as well. So -- so, with that we just want to kind of go along with staff 's recommendation and P&Z's recommendation and ask for your approval as well. And I will answer any questions if you have any right now. Meridian City Council August 21, 2018 Page 72 of 108 De Weerd: Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So many apartments. But I notice that it looks like all of your amenities, except for one tot lot, go to the apartments and so for the 126 single family homes you got some nice green space, then, all you got is a tot lot. Is that it? Now he's like now she's complaining about the tot lot. Schultz: You know, Mayor, Councilman Milam, I know we -- we have a -- I'm just looking acreages and what's -- what's required and, yes, we do have the tot lot. We are using the regional pathway as kind of a global amenity for -- for the whole site. I know that, you know, even though it's on the apartment side, it really is kind of, you know, an overall site amenity and that meets the many requirements we can put and I think it's a good idea to put a sitting area in that area I think would be awesome now that I'm in front of you. Tru ly. Truly it would be. It would be. Milam: Madam Mayor. The reason that I asked that, you know, you read through the list of and it's like wow and, then, you look it at and it's, well, it's all right there and that was a little spot. And my other question -- oh. So, the apartment buildings, are they sold -- are they just sold off individually or -- Schultz: They are platted, but the idea is to keep the same -- the same thing we had before with the two. It's the same exact discussion we had at Links and we have got a good condition of approval, but the maintenance responsibilities and all that implemented in here that we learned -- Milam: Right. Schultz: -- on the first one. So, I haven't done any apartment projects in 18 years here. I have done three as you know -- this is the third one in the last probably eight months. And the one thing they have in common is they are all within a half mile or a mile of the freeway. They are all I think in places that actually work. I'm not trying to jam them in -- not asked not to do it. But I -- I feel okay bringing these four being so close to some major -- a transportation corridor. So, hope to not do any more for a while. I'm burned out as well. I like doing R-4 and stuff in Meridian. That's my favorite, so -- but this -- this particular thing I think -- I know I can stand behind this for this location. It works. But I understand your no more apartments comment. I get it. Milam: Thank you. De Weerd: Other questions? Meridian City Council August 21, 2018 Page 73 of 108 Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Matt, sorry if I missed it. So, are you going to retain ownership -- everybody is going to own or are they going to be sold off separately with different management regarding the apartments and things? Schultz: You know, Mayor Tammy, Councilman Little Roberts, that's not the idea. I guess flexibility is financing. It's -- there is different phases in it, there is different reasons for blocking out -- that is to keep them all and have them managed like -- it has to be managed on one company. We have got that language in a development agreement. One -- one management company manages the whole thing and we have ran that language by your -- your legal staff for the Harper Ridge one we did over there off the Eagle Road for Doug McMaster and that -- that language works for everybody and that's what's getting implemented in the multi-family ones that I have brought forward and so we have kind of -- we have learned and so we don't need to reinvent the wheel on -- on that particular aspect. So, the idea is to keep them all, but it's just that whole financing and flexibility thing that you want to be able to have. De Weerd: So, what's the hurry? We are in the middle -- or we just started a Comprehensive Plan update. You 're asking for a Comprehensive Plan -- or amendment to -- to the very process we are going through now. Why don't you just participate in our process and -- and bring this along with a citywide view? Schultz: Mayor Tammy and Council, I -- I have been working on this for a year, started going on it. We submitted I think four months ago finally. It takes a while to get it all perfected and revised and getting all staff comments and get it all done. So, it's taken a while to get us to this point and you wait for four months to go through all the hearing process and so it looks like we are trying to run out ahead of it, but that's never our intent. We truly believe that this is a -- in our opinion for the obvious change, I think there is a green 16 acres on the corner of Meridian that says ITD on it that's, obviously, not green anymore, it's in private hands and that's going to be commercial. So, I think in this area we -- we can certainly participate, but we -- like I said, it was something we submitted before -- at least in our minds before this process started with your comp plan change. I just -- I'm not down here every day to see where you guys drive your reschedule, but we have been kind of running this for a year now, so it's been -- it's been kind of a slow -- slower than we would like. I know it seems fast to you, it seems like really slow -- it's taken a year to get to this point from when we start -- first started on it. De Weerd: I guess, you know, the vision has been in the commercial and certainly there is an application that proceeds this that -- that showed the connection, allowing the residents to the west of that, at least other egress and ingress that is needed in that area, because that has been a challenge. We worked really hard with ITD to get their materials pile out from the entrance of our city, so that we could have an area that Meridian City Council August 21, 2018 Page 74 of 108 offered jobs for residents and maybe something similar to the other side of Main that would benefit residential in the area, bringing services and employment and, then, shortly after the entitlements for at least the piece that you are proposing, then, the recession hit and while that was happening we were working with ITD trying to get them out of that corridor. So, I don't know if -- if that area has only had an opportunity to see what is possible. You hate to lose those prime pieces that -- that are on interchanges and are more prone to attracting employment to apartments where they could be better placed. Schultz: I respectfully slightly disagree with you, Mayor, in terms of I think that -- De Weerd: That's all right. It wouldn't be the first time. Schultz: Ye s. So -- so, we think this feeds some existing commercial. This is good for struggling commercial. Potentially we think there is -- this will help them. We think we still have 30 acres of great commercial in the corner, which is huge. It's big. It's a big piece. Thirty acres is big. Seventy-six or seventy is just massive. Like I said, it needs good regional frontage to be successful, like Waltman going through to the Ten Mile or if Linder was an interchange or something like that and it's never going to go through, so -- so to think that this would be a great commercial site -- everybody I have talked to -- and they would tell me if they had a different opinion of me -- it's just -- it's a nonstarter. It's just a nonstarter. Why they spend so much time and money on it we are not quite sure, but they did. They finished what they started. It took them a couple years. But what they were left with is something that just would not work, unfortunately. So, we think that the Ten Mile Creek -- if you look at the bigger picture -- is a good dividing line. Everything west of Ten Mile Creek is residential -- going north of here. It's kind of a little outlier commercial over -- over the Ten Mile Creek. So, we think we need some -- some -- some semblance of good planning and good planning is putting a semblance of density where your services are, where you are -- where you can have walkable to -- to existing restaurants, to existing workplaces, and this provides that and I don't think we are sacrificing anything by giving this up to what it probably would have been a long time ago if that Waltman connection was -- was -- was good 20 years ago this would have already been done, you know, in something other than commercial. But going through it -- since it doesn't go through, it's just a nonstarter and it just -- it really just is. So, I hate to see you guys -- obviously you could say it's not the best interest of the city at this time and wait for something and take our time and see if somebody else comes along that wants to do something. That is, obviously, an option. We would say let's do something that beautifies the area, that improves the area, that -- that -- that makes -- makes sense and some -- brings some economic vitality to an area that has zero right now and has a good chance of staying zero for a long time, with all the good stuff that we already did. The Ten Mile interchange. We are doing The Village. That we have done with Portico where the commercial is really going and wants to go, too. It doesn't want to go here, unfortunately. I mean if we wait long enough it might and you have that option to wait. We are saying let's go ahead and move on it and let's -- let's get it fixed. It's been sitting for 30 -- or forever really, but, obviously, growth has been going away from it for a long time. So, hopefully, you go with me. But if not I understand. If you Meridian City Council August 21, 2018 Page 75 of 108 guys want to stick with what you got we would -- ACHD chimed in on it, says sounds good even though they are not planners; right? But they chimed in on that it sounded like good planning and your planning commission also was very supportive of it. So, I will just leave it at that. De Weerd: Okay. Council, any further questions? Thank you. Schultz: Thanks. Coles: Madam Mayor, first signed up for the public testimony is Clair Manning. Signed up against, wishing to address the Council. De Weerd: Well, Clair. Thank you for hanging in there with us. If you will, please, state your name and address for the record. Manning: Clair Manning. 650 West Waltman Lane. De Weerd: Okay. Manning: So -- De Weerd: If you can pull that mic closer. Thank you. Manning: How is that? Okay. You know, there is only a few people on the street and you guys are going to be a little tempted to write us off as like malcontents trying to impede progress, but, you know, we know progress is coming to the area and the reality is we are simply members of the community that want what's best for the area and, in fact, we are really the subject matters of this area. So, I would urge you to, please, listen to what we are trying to tell you. So, we are really depending on you guys to be able to look at the bigger picture and you will understand that this development isn't right for this area. You know, a lot is really lost in translation and like some of these meetings and a lot gets distracted from the little cartoon and all that, so I kind of like taking a few pictures of the area to kind of help out. So, you can kind of see this is -- this is actually Waltman Lane right here. So, it's not a real great collector street. You know, it's kind of narrow, it does not even align with the road. Kind of dangerous for like, you know, kids on bikes, things of that nature. So, I mean let's take, you know, kind of a step back and look at those areas overall. So, just kind of down the street commercial, we have some very very high density kind of apartments going up right now. So, that hasn't even hit the area yet, so no residents, but, you know, that's -- that's going to punch through to, you know, Waltman Lane under this proposal and that's actually where it's going to punch through out right next to my house right here. So, I'm requesting the developer be responsible for like a privacy fence as construction along the side of my house to kind of shield me from some of the traffic and to kind of reroute some of this irrigation and take on that kind of expense, so -- but moving on, you know, I'm concerned about the entrance that has access to -- to this area. You can see like right here on the right this little kind of spur here that you don't really see, this is your Meridian City Council August 21, 2018 Page 76 of 108 entrance turning left into Waltman Lane. So, that's one option. The other option is to, you know, kind of go down, you know, take this and, then, go through Corporate. But, you know, a lot of left turning. The 3,000 trips a day that's going to cause like a lot of backup to traffic there. Another point to notice -- this is, you know, .1 miles here, .3 miles to the freeway. Not a lot of runway to the -- to the entrance to the freeway. So, this -- this area is going to be, you know, pretty action packed, you know, so I mean what does this really mean? So, I mean I guess I kind of wanted to look at the area overall, I kind of put in his -- his plat or his little rendering into this area. So, one thing to note, just like the little tiny square here, 45 houses if you count the boxes, as opposed to like the adjacent area, which has like 30 houses here. So, it really doesn't fit residentially. A lot higher density, you know, 27 plus apartments is kind of a -- you know, it just -- I don't see the infrastructure really supporting this, especially with 3,000 trips a day. You know, the other thing to point out here is a lot of these guys don't really have access to the freeway. So, it's a -- there is going to be like a production thorough - - or there is going to be like a thoroughfare through this neighborhood, just like here through like Ruddy Drive to get onto the freeway and you're going to cause a lot of traffic and there is really no mitigation plan. So, like, you know, future traffic study and a promise of speed bumps isn't a mitigation plan. So, I mean what does this really mean? This is today traffic -- De Weerd: Sir, I will need you to summarize. Manning: Okay. So, anyway, summarizing, you know, conclusions that we can make, this Ruddy Drive extension will not result in the appropriate -- well, result in inappropriate traffic levels with no immediate mitigation plan and we were making it not connecting. R-15 and R-40 zoning is inappropriate for this area. We recommend R-4. Don't necessarily need to believe me, you can look at your own -- where it says the proposal sees growth forecast in this area and, you know, if I really went back at -- you know, your city mission -- your vision, you know, the inappropriate density zoning in this area does not align with the proper stewardship of this community resources and Smart Growth must use their entire population does not equate to higher life balance, so, please, preserve our city values and keep Meridian a premier community and deny this. Thank you. Any questions? De Weerd: Thank you. Council, any questions for Mr. Manning? Manning: Thanks. De Weerd: Thank you very much. Coles: Nick Eller signed up against, wishing to testify. Eller: Hello again. My name is Nick Eller and I'm at 851 West Honker Drive in Meridian. I have been in this -- I have lived here -- I'm about two houses down from the property line of this development and bought the house about five years ago. I moved in knowing something would come here. You know, a lot of these developments that Meridian City Council August 21, 2018 Page 77 of 108 happen, yeah, the same thing always comes up. Well, you should have known when you bought the house. Well, I did. I knew something was going to come here and I'm on the fence -- you know, I'm against it for a few reasons, which I will go through, but what -- one of the things that I am in support of is going from Commercial on this parcel -- this development here on the west side compared to the east side, I'm -- I'm supportive of that being more residential and commercial. I can't imagine having an Office Depot or something like that in my backyard, but I think it's in the right direction and I agree with the developer that no commercial is going to want this little corner of -- at the end of Waltman Lane. It's not -- it's not going to happen. I'm in the construction industry, I know it's not going to happen. I -- this -- this interchange here I think is the gateway to Meridian. We have got the Meridian sign there. It's a great place come off. New intersection. It's great. Commercial, that front half, that's fine. My concerns are -- is the density of it and what it will look like. I have seen in the documents, I have read back through that it's affordable and that concerns me. It's got all the ingredients to be a slum in the future if it's not put in properly. It's next to the freeway. It's near an industrial area. If it's considered affordable housing, we got a recipe for disaster right into the entrance to our city. The other thing that I wanted to go through and the reason why I wanted this map -- and it's been -- it was discussed by the developer. He knows it's an issue. Clair Manning just discussed it. So, I live right here on this corner street. What's going to happen when this connects -- and this is the only connection -- is this will be a shortcut for this entire development. Half of it will go to Linder, half of it will come through here, because it's easy. For me I -- I work right in this area here. It takes me four and a half miles to get to work where I could ride my bike or walk and it takes me less than a mile. You know where I'm going to go when I go on the freeway, I cut through. Same with this person here, here, here -- every single person in here is going to go through one entrance which currently has one, two, three, four exits onto Linder, but it's not convenient. It's all going to go to the east. Maybe not all, but this dividing line of Pelican -- look at all these houses here. Those -- those are all going to go down a two lane road to hit the freeway. There isn't -- this -- this development here -- I will dis it and say it was not properly planned and if we don't look at this one closely this could be another one and we are taking all of this, dumping it onto a two lane road and, then, on another two lane road and as it was discussed by Clair Manning, that's your entrance to all of it. Not -- not a very long -- long distance and it's going to back up to the freeway from here to there for all this development, the commercial development and this. I don't believe ACHD has reviewed our subdivision that we currently live in. So, they have looked at everything for the future, but not what's existing and what will hit it. I think that's a blind spot in their review. So, thank you. Any questions? De Weerd: Thank you, Nick. Coles: Nona Haddock signed up as neutral, wishing to testify. De Weerd: Good evening. I see you have slowly been moving forward. Thank you for sticking with us. If you will state your name and address. Haddock: Yes. Nona Haddock. 480 West Waltman Lane, Meridian. 83642. Meridian City Council August 21, 2018 Page 78 of 108 De Weerd: Thank you. Haddock: I think our -- our main concern -- my main concern is the traffic and the density and I would like to propose that we really look at providing transportation -- if we are going to open up to that subdivision, which I agree, I don't know how the planning ever happened, so -- so many people only have Linder and only Linder going to Franklin as an access. That's just a disaster waiting to happen. So, I realized there is a need for them to go, but I really like what happens on the opposite side of our Main Street over by Home Depot where the road goes along the freeway and could be an access and so if we could take a long term at looking at this property and you could have this subdivision come out and go around close to the freeway, clear up to the intersection, that gives you a longer road for the backup, because there will be a lot of people using that and I realize it's not just this developer that has to look at that, but if a road were put there and a bridge across Ten Mile Creek and came up further, it would provide better access for the traffic and so I just wanted to put that out as a proposal. Thank you. De Weerd: Thank you. Coles: Adam Hegstrom signed up against, wishing to testify. De Weerd: We saved the best for last. Welcome. If you will, please, state your name and address for the record. Hegstrom: Sure. Adam Hegstrom. 520 West Waltman, Meridian, Idaho. So, I agree with you Mayor Tammy when you said what's the rush and the reason I agree with that is I feel like going through some of the documents that have been presented, they are not being addressed. So, I think we need to look at the facts a little bit closer. One of those facts is on the future land use map designation. It says in there everything else around the area is zoned -- well, it's all zone commercial -- or, excuse me, or R-4 in the neighborhood and he wants to go -- the developer wants to go to R-15 and R-40. So, that's a pretty big jump and it says -- wrote everything out -- in the Comprehensive Plan that -- where was it? The findings were that they exceed growth forecasted in the area. Excuse me. That was the COMPASS . I'm all backwards. The COMPASS report that came out about this property, they said that the findings were proposed that exceeds growth forecasts in the area, the transportation infrastructure may not be able to support the new transportation demands. Also ITD submitted on July 10, 2018 -- bear with me. I'm getting there. ITD objects to the proposed application due to the traffic concerns. So, they said it's not a great idea. Also the West Ada School District on July 6, 2018, also sent in -- said this would bring 319 students to the area, which, you know, more students is great, but Peregrine Elementary, which is right on the other side of Linder from the neighborhood, is only 90 students away from capacity right now. Meridian Middle is about 200 and, then, obviously, Meridian High has quite a bit of growth still that they can do, which is beautiful by the way. But it says they can't -- the new residents cannot be assured of attending the neighborhood schools, that it may be necessary to bus students to available classrooms across the district. They also asked Meridian City Council August 21, 2018 Page 79 of 108 the developer to provide safe walkways, bike paths, and pedestrian access for students. So, I have three kids, two of them go to Peregrine right now. They love to ride their bikes to school and there is a path through Waltman that goes into the neighborhood that they could do that with. I'm concerned that with the new count of 3,000 cars, which is what was predicted to come through from 190 now it's 3,000, I'm concerned for them riding their bikes to school. Then you add all those kids walking to school or cars driving taking parents to school -- or parents taking their kids to school, there is just a lot of safety concerns that I have, especially having children. So, I would ask that you would take that into consideration. Also there is no busing right now for my kids to school. There is no bus stop. And so if we have 390 kids, not all of them are elementary school, but what about busing? That many people are getting -- going to walk through the neighborhood to school? So, I would just ask that you would -- you would consider those things as you weigh your decisions. Thank you. De Weerd: Thank you so much. Coles: Mike Swenson against, wishing to testify. De Weerd: So, Mike, I'm just giving me two minutes. No. I'm kidding. Swenson: I will try and talk fast. De Weerd: I was doing a two minute blast there. Swenson: Mike Swenson, 815 Waltman Lane. And I can even say some nice things about the developer. He has gone to bed with us on -- on putting in sidewalks and -- I mean that's a major thoroughfare, Waltman Lane, for pedestrian traffic. Now, in terms of Waltman Lane, Waltman Lane is a joke. I paced it last night. Twenty-five feet across. That's it. If there has been improvements -- I have been there 25 years, I have never -- well, I have seen it up on -- on the far intersection, but in terms of two-thirds of a road, I have never seen anything. So, I would be concerned that, you know, whether he's got enough leeway to get in there and make all those improvements that he needs to make, you know, because, you know, I don't want my neighbors, you know, rights infringed on. Also the -- you got 3,000 cars, you got one right-hand turn lane and it's going to be at a red light with five intersections, you know, fronting on that and people are going to run the red light and guess what's going to happen, massive accidents during -- during rush hour and I'm just not sure if we can actually -- you know, put this many people in this area. I mean if this is a continuation of -- of Mallard Landing -- no, it's not. I mean Mallard Landing is all R-4. A little bit of R-8, but that's it. Okay. I think I will keep to my two minutes. Thank you. De Weerd: Thank you. A fellow Toastmaster there. Swenson: Yeah. Table topic. Meridian City Council August 21, 2018 Page 80 of 108 De Weerd: Thank you, Mike. I know. You could have picked a better topic on table topics; right? Swenson: Yeah. De Weerd: Yeah. Nice to see, Mike. Coles: Nancy Swenson, signed up against, wanting to testify. De Weerd: Good evening. Nancy, if you will, please, state your name and address for the record. N.Swenson: Nancy Swenson. I live at 815 Waltman Lane, right down there at the end. And I might be a little disconcert -- nonlogical, because this is really late for me. De Weerd: It is late. N.Swenson: Really late. But, yeah, I am very concerned about the density. I'm not computer literate, but we do have information from COMPASS that says that -- again, the quote: Transportation and infrastructure may not be able to support the new transportation demands. That's not taking into consideration the huge apartment complex coming in off of Corporate. I was up at the intersection of Meridian, Main, Waltman at 7:40 this morning, not peak rush hour -- most of the rush hour is already gone by then. The traffic going out to go east on the freeway was backed up to the intersection. The traffic going -- to go, you know, over to Overland, that still had room to absorb people. Going east we have got some other -- other options. Fairview and Eagle is the busiest intersection around. I didn't go down that one. I went down Franklin. Franklin and Eagle took me five minutes to get through that intersection at that time of day. We bring in a bunch of apartments, we are going to be bringing in a bunch of traffic. There is no public transportation. They -- they were recommending that maybe bringing bus service from along Meridian Road between Northwest Boise, Kuna, and the Meridian Village -- that does not exist. There is no bus service to The Village. There is no bus service to Kuna. As far as walkability to downtown, I -- that's a mile and a half. I am not walking a mile and a half to Farmers Market to get a croissant and walk it back. I drive. We have been up here for some of the plays. Ta ming of the Shrew was fantastic. It was dark. Nobody is walking home in the dark a mile and a half. That's -- that's not doable. Maybe people will bicycle to downtown, but to walk there -- no. So, that's a concern I have. The density. You punch through Ruddy bringing in Mallard Landing -- I was on Linder Road going into Mallard Landing this evening at 5:00. Steady stream of vehicles. Nonstop. All those will do what they have done before. They will come down Waltman. They did it when the subdivision was going in until they blocked it for emergency access only. The fire trucks to push through that barrier. It was designed that way. De Weerd: Nancy, can you summarize? Meridian City Council August 21, 2018 Page 81 of 108 N.Swenson: It's late. De Weerd: It is. N.Swenson: It's late. The developer has done a fantastic job with all his beautiful, beautiful pictures. They are entertaining. But I think that this is the wrong place for that much density. De Weerd: Thank you. N.Swenson: You missed my pretty picture. It shows that there are no other areas around us anywhere near that have that density that he is proposing. You have to go up to the apartments on Meridian and even the ones on Franklin don't have that density. You go south on the other side of the freeway, they don't have that density. De Weerd: Thank you, Nancy. N.Swenson: I can pull that up. Anybody can pull it up. De Weerd: Okay. Coles: Steve Cooper, signed up against, wishing to testify. De Weerd: It is late. Cooper: Hello. De Weerd: Good evening. Cooper: Steve Cooper. 755 Waltman Lane, Meridian. De Weerd: Thank you, Steve. Cooper: I guess I'm Stub Street Steve on the northwest corner. He's already got future houses there. Load up my wagon and head west. I'm -- I'm against what he's got there. I'm not opposed to somebody doing something with their land. I think you really need an ITD traffic study on a brand new overpass that's pretty much outdated. There will be a lot of cars coming through there. I know he is worked on this for a year. I have been waiting to stand up here for 30 years. We have all lived there a long time. I think there just really should be some careful thought about, you know -- the Planning and Zoning said it would be real nice if Scentsy was there. Okay? Well, Camille Beckman was the original guy that bought that. Camille Beckman, light commercial. I don't have a problem with R-4. The home fits with a neighborhood. That's pretty much all I got. De Weerd: Thank you. Meridian City Council August 21, 2018 Page 82 of 108 Coles: Steve Brandt signed up against, wishing to testify. De Weerd: Thank you for staying with us, Steve. If you will, please, state your name and address for the record. Brandt: My name is Steven Brandt. My address is 1001 South Muscovy Avenue. De Weerd: Thank you. Brandt: That is right at the end of Ruddy -- of that drive. So, anybody that comes down through that subdivision and doesn't take a right or left will be at my front door. So, that street there -- like everybody else has voiced, a lot of traffic is going to go through that and there is a lot of kids in that area, that would be a perfect way for everybody in that area to go to -- to the Peregrine -- the elementary school, to middle school, and the high school and the kids -- I just don't see that -- there has got to be another way for them to go. If that is going to be an open access between Linder and Meridian or Main, it's just not going to support it. So, that's my real concern there. And -- and the other thing is, you know, when I moved in there -- yeah, there was going to be some development in there, but it's going to be corporate. There is a lot of corporate area over there. There is office -- office buildings and stuff like that that I would like to see come in there, but to put this high density I'm just definitely against it. So, that's all I have to say. Thank you. De Weerd: Thank you. Coles: Joe Lorcher signed up against, wishing to testify. De Weerd: Good evening, Joe. Lorcher: Joe Lorcher. 740 Waltman Lane. Kind of pretty much say everything what everybody else has already said, just the density and Ruddy Drive has really got us scared, because Waltman Lane right now it is just a big sidewalk. There is families walking up and down, riding their bikes, and that's, obviously, going to change if 3,000 cars are going to start coming up and down Waltman Lane. The proposal by the developer is -- all he has to do is develop his half. Waltman Lane is very skinny, even if he develops his half it's still not going to be a very safe street and, then, he doesn't have to develop anything from Ten Mile Bridge up to Meridian, because it's not his. We went to the Ada County Highway District meeting. We asked for a sidewalk. They said they would put a sidewalk in on the north side, which was kind of odd, because you would think they would put it on the south side, but they said the north side has already been developed. Nobody else is going to develop that. It's storage units. We may as well pay for it, because no money is coming in to pay for the north side to get fixed. So, we are going to have the south side fixed before the bridge. After the bridge it's going to be the north side that we will have a sidewalk. It doesn't make much sense. Density. That's what everybody is really worried about. Safety. Numbers. One person mentioned crime rate. I mean that many people in that type of spot -- I have got that pretty little farm that's over there in the northwest corner. That's where they are going to Meridian City Council August 21, 2018 Page 83 of 108 be. That's where the teenagers are going to hang out. It's going to be on my place. I got eight acres, open fields, nice grass, alfalfa. I already have kids playing there now anyway, but I will have another two to three hundred more to chase out, but we are just saying it's too much too soon. Let's wait, see what happens. We haven't really had a time to let the commercial work, but the recession, if that's what -- the Great Recession came right when these guys were working it. I sold that strip of land so they could build Corporate Drive for the commercial development and it was going to be a nice little intersection -- a cross intersection to hook up to Ruddy so that there would be a light there at Corporate and Waltman. That was the plan. Not 500 people, a thousand people, 3,000 cars a day. He said that the commercial was expecting more cars than that. I find that really hard to believe and I think Ada County Highway District 3,000 cars is -- is not enough. I don't think they took on how much of that Landing Subdivision is going to come through that way. I don't know how many houses are over there, but a lot more than probably four or five hundred. That's 2,000 cars just from that subdivision. So, we -- we just want to pull back the reins. We want it developed, we just don't want this high density, no open -- I mean we have a little two acres of open space. Not very much parks or anything else and we just want to hope that you guys at this late hour will help us -- delay this and let's come up with a better plan. Thank you. De Weerd: Thank you very much. Coles: That concludes the signups, Madam Mayor. De Weerd: Is there anyone else who would like to provide testimony on this application? Yes, sir. Thank you. E.Haddock: Ed Haddock. 480 Waltman Lane. I have lived it. When I grew up at 520 Walton Lane in my childhood and now I'm 75. So, you know I have been there a long time and we -- we really enjoy a rural lifestyle on Waltman Lane and, you know, I -- I don't want to pull at your heartstrings here, but all of the testimony that's been given, every -- the infrastructure to make this happen is just not there and I'm just afraid that it's going to make a lot of concern for those residents who live there now. I think it's going to make it really hard for them to adjust to something that's that dramatic. I think if everything was put in place and everything -- the bridge is built, the road, like Joe Lorcher said, you know, once you get to Ten Mile Creek and you go past Ten Mile Creek, that road is not going to expand until -- until the commercial takes care of it and expand it. So, we are going to have this nice wide street up to Ten Mile Creek and it's going to skinny right down to the two lane. So, here you have all these people coming through from one subdivision and from the -- from the subdivision that's planned and it is going to be a real bottleneck right there and it's going to be a real danger for anyone that's walking or biking, whatever it might be. So, I think it's just too soon. Thank you. De Weerd: Thank you, Ed. Okay. Any further testimony? Little Roberts: Madam Mayor? Meridian City Council August 21, 2018 Page 84 of 108 De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, since someone brought up potential crime with this type of density, I was just wondering if we could have the deputy chief weigh in. Basterrechea: Sorry, I was looking at a call. Could you repeat the question? De Weerd: We would like you to weigh in on having the kind of density that is being proposed in -- in this particular part of our community. Basterrechea: Well, I do have to say that the -- I don't see Waltman Lane sustaining the traffic that has been discussed and I came in probably about the same time -- a little earlier this morning as well coming through that -- that corridor and traffic was -- school is starting back in session and seeing the pick up of traffic -- Meridian Road was completely backed up from the freeway back towards Franklin Road and I think adding to this -- unless those intersections are improved, unless that road is widened, we are going to have safety issues. De Weerd: Thank you, deputy chief. Any other questions from Council? If not, Matt, would you like to come up and respond and wrap this up. Schultz: Thank you. Matt Schultz. 8421 South Ten Mile. I'm like Joe, it's late. Sorry. But I do appreciate all the comments that were had and I just want to -- you know, we show pictures of kids on bikes on narrow roads and I have got kids on bikes on a road myself and -- and we are very, very aware of safety in all of our designs and ACHD is, too. We are widening. It doesn't look like it now. We are taking out trees. We are widening roads. We are removing power poles. We are going -- we are going an extra 15, 20 feet to the south making enough room to put -- put the detached sidewalks, put the road, make everything safe wherever we need to do it. Now, ACHD has stepped in and said, hey, we can't make them improve it out to Meridian Road. We are like, hey, we will help. Whatever. Let's share it. And they are like, well, maybe we will do that project next year. Okay. Fine. We are not turning down any kind of way to participate in any of this work. I want to put that on the record. I put it on the record at ACHD. That's not what we are trying to do is avoid some curb and gutters and sidewalk. We are just saying there is some corridors, it's offsite, ACHD said, well, we can't require them. I'm like, hey, we will volunteer and the commissioners said, hey, I wouldn't volunteer so quickly. Well, that's what we do. We got to finish -- we got to make sure it's safe and we just got to do what's right on the traffic and the safety. As far as dense - - De Weerd: So, Matt, you're going to fully build that out? Schultz: We are going to build our -- our side of Waltman -- 37 feet on our side, which is half of a collector, plus you got an existing 25 foot prescriptive right of way on the other side that's already there, that we -- we are going to build whatever needs to be done on our side for -- for that and, then, Corporate Drive goes out as 30 foot wide of pavement Meridian City Council August 21, 2018 Page 85 of 108 with borrow ditch, sidewalk on one side. The reason you have the borrow ditch now because, again, it's off site, you put in curb and gutter, all of a sudden you deal with drainage, you need to get it out of the right of way. You got to put it on those people's property. Are they really ready to designate where the drainage goes. And so ACHD -- again, ACHD has approved this. ACHD has reviewed the traffic study and the traffic study was prepared by a professional engineer. The traffic works and I don't hear anybody -- the elephant in the room, the 10,000 trips a day -- and it was 10,000 trips a day. It's in the ACHD report, that the previous commercial development had. I mean it was approved for 10,000 trips a day. Ten thousand. It was huge. This -- this is a great reduction. I know 3,000 sounds like a lot, but for -- for Waltman, which would be residential collector, it's not. Ruddy being -- being a nonfront housing, pseudo collector, it's -- it's -- it's not. This thing meets the ACHD standards. It meets all the safety standards. We are doing everything we can to make this right for everybody in the area. It's a big change for people that had a dead end road there for 20 years next to us. As far as density goes, what's dense? What we have here -- even though we have asked for R-15 and R-40, what we have is in the R-15 we have got 5.7 to the acre, in the R-40 we got 17 and the overall combined is 10.5. It is really kind of -- it's -- we are not -- we are not talking 30, 40 dwelling units to the acre here, we are talking an average for this area. So, it's not considered dense in planning terms. I know it seems dense. It's denser than the R-4, which was zoned 20 years ago. There is a lot of single story homes turned sideways on big lots, small homes, 1,200, 1,400 square feet and that's fine, those 1,500 square foot homes in Meridian are going for 300,000 now. So, anybody that says this is affordable -- for some people it might be, but we have never said this is affordable. We never said this was going to be affordable. That was never part of our sales pitch that this is going to be affordable. Meridian is expensive to live. Fifteen hundred square foot single stories in Meridian are 300,000 right now. They just are. So, this is by no means considered to be affordable. Obviously, you know, the apartments are more affordable, but those are still, you know, over a thousand dollars a month rent. Those are not that affordable either. But to live in Ada county that's just what it takes these days. But as far as the -- the comments about the traffic and this is going to be unsafe, we are going to do the heavy lifting and build those bridges. We are going to build the sidewalks. We are going to widen the roads. We are going to build the pathways. We are going to make it safer. From day one there is going to be a lot of traffic going down there and it's us. I mean from day one Mallard Landing is going to go and we are going to make it safer for those pedestrians that currently go there to have a safer route than they have today, which is just walking on payment. They are going to have sidewalk to walk on where they don't have it today. So, we are -- we are -- we are improving the area. As far as Clair Manning requesting fencing, like I told his neighbor across the street, we will do fencing. I offered him a berm before, he said, no, I don't want a berm. What am I going to do with my beehives as well and we kind of left it at that. So, he has presented he wants fencing, we will help with fencing. I will do the fencing along there. He -- he is on -- he is the house that's right on the northeast corner of Corporate and Waltman I believe. And so for the record we are willing to help with fencing on both sides. It's relocating the irrigation. That's -- that's exactly what we do with our engineering plans. As far as the -- the idea of running a longer road out to help with the traffic, I -- I don't agree with that. I think that's not going to help the traffic. As Meridian City Council August 21, 2018 Page 86 of 108 far as -- some comments were made -- and I hope you notice nobody said, hey, we like that commercial. Nobody said that. They all said, hey, we really want that commercial zone there that was approved ten years ago. Nobody said that. So, what you heard was, hey, we want R-4. Fair -- fair request. We think this is a little more suited to transitional from the R-4 that's there. Transitioning over to the commercial that's going to be on the other side of the Ten Mile for sure. So, we believe it's a good transitional area for -- for lot sizes that are admittedly different than the R-4 that was done 20 years ago next to us. As far as the -- I have covered pretty much it all and if I avoided -- I'm not avoiding anybody's response here, but as far as our traffic study being approved, meeting all the safe standards and everything -- our density is not that dense. A gentleman made a comment about Meridian High being underserviced right now as far as students, which is -- which is odd, but it's just because the neighborhood is older and there is less kids going there. Peregrine is getting closer. The middle school has room. So, we are -- we want to help as far as we can, but we know that those -- those funds come from different sources and it's -- as developers we kind of get put in the middle on that as far as what are you going to do? Well, we will do whatever we can. What do you want us to do? So -- but not developing and leaving it as a vacant lot I think in the middle of your city is not the right thing to do to wait for another 20 years. We could, but we are asking to do something that's -- that's good quality. It's not that dense and it meets all your standards and we want to -- we want to provide the infrastructure that makes it right in the area where it's kind of been wrong for a long time. So, we want to improve it and make it something we can all be proud of it and maintain it and make it a good entry to the city. So, that's -- that's my spiel and I will stand for any questions if you have got any. De Weerd: Thank you, Matt. Council, any questions? Okay. Thank you. Council, any additional questions for the applicant or any of those that testified? Or staff? Okay. If not I would entertain a motion to close. Milam: So moved. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I guess I will go first. Just going over my notes, first off, Matt, you always do a fantastic job with your presentations. Enjoyable. Accurate. Been doing this for a long time. So, I have a ton of respect for you. I -- just going over my notes real quickly, when I was doing my homework the last couple of days, getting up to speed, making Meridian City Council August 21, 2018 Page 87 of 108 sure that I was in a position to make an educated decision on behalf of this application, I -- there is -- there are some concerns and -- and as a Council we hear all the time about density, about growth, about the schools, but one of my biggest concerns in regard to this is the schools. Minimum this is going to add 300 plus -- 320 new students to this area. And those are minimums. And so that won't be an issue for high school students, because Meridian High School has the room, but Peregrine certainly won't have the room and Meridian Middle certainly won't have the room. So, my question is where do these kids go to school? Another concern, obviously, is -- is -- is the traffic and the density. I agree with -- with -- with the deputy chief in regard to the safety hazards and the safety issues that will come because of the traffic, along Waltman Lane especially. It's interesting looking at Waltman Lane, you guys will do a great job widening -- widening Waltman Lane up until your property line, but beyond your property line to Meridian Road that's going to be a big issue. In fact, I would almost consider that a serious issue and I -- and I just -- I don't -- I just don't see how that's going to work. It's going to put a lot of congestion on Corporate Drive. I was -- I was thinking before -- I lived in a subdivision called Woodbridge and -- and I -- I -- I would agree that this big commercial won't work here. I agree with that. But with what's east of where I live, you know, office space, light commercial, maybe more dentists offices or, you know, medical use would be a viable option for this -- for this location and so there are a lot of different things we can do here. Unfortunately, just the timing just isn't right with -- with where we are at as a community and how far we are -- how much we are growing, how much extra -- excuse me. How much it's going to squeeze our schools, so on and so forth. So, as much as -- as much as I appreciate you, Matt, I got to sort of take the person out of it and we got to make sure that we are making a prudent decision on behalf of the greater good and what's going on in that area in our city and so with that said it's going to be pretty tough for me to support this one. De Weerd: Okay. Other comments? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I tend to agree with Councilman Bernt quite a bit on this and the biggest issue, really, is that the density and the traffic for me and if you look at pouring -- all that traffic pouring out onto Meridian Road it doesn't even look possible and the reason that we -- I want to -- I want to go on record and say I like the original DA with the hotel and maybe some -- kind of like over there off of -- by the freeway off of Eagle Road, you got hotels and got some an office and medical stuff and that could work really well in there and -- and the reason -- because your traffic isn't going at the same time as all of the commuters. So, you know, you got people coming in during the day, the more your traffic is during the day, as opposed to a rush hour, and I -- I just really don't see how that corridor, even once you get passed Waltman, can handle 3,000 -- you know, 3,000 more added trips right there and I agree that -- I like -- if you're going to put apartments in somewhere near a freeway is -- is the right thing, but first glance I was like, yeah, this -- this could work and it is a nice project and -- and you -- you do put together nice Meridian City Council August 21, 2018 Page 88 of 108 projects and great presentations, so -- but I just don't see this being a safe, viable product right now at this location. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I have been an outlier all night, I guess I will continue that trend in that I really support this project. We talk so much about the appropriate place for high density and we talk time and time again about being able to get those people onto the interstate, to be able to get access to major arterials and you can't put them much closer than this. You combine that with what I think is a phenomenal transition plan to really I think support the existing neighborhood. I guess I'm -- I'm surprised that this Council that has approved high density in less accommodating areas -- is suddenly opposed to a project like this and I feel like that sometimes we as a body get a little concerned about the size. This is -- this is a big piece of land. This is a big project. But we shouldn't penalize the applicant because it's a big chunk of land. What I -- what I heard from the citizens tonight about the schools was that Peregrine has capacity for at least 90, the middle school has capacity and the high school has capacity. We are not sending 380 kids to Peregrine. We don't know how many kids are going. So, I really struggle with making a decision based on whether schools can or cannot handle it. We are not in the school development business. This district has found tremendous success because of the growth in our community, has found growth -- or found success as well and so I'm -- I'm just surprised. To me this checks all the right boxes for high density, checks all the right boxes for a transition, and so I'm incredibly supportive of it. I think the applicant is going above and beyond in terms of improving roadways to ensure that there is safe access, both for pedestrians and for motorists. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I must admit I am really torn on this. It's a beautiful project. Matt, you do great work. I'm just not quite sure timing wise. I wish we were further along or even finished with the comp plan, because I would love to have more input, because I can see both sides regarding it. It is close to the freeway. We do talk about, you know, having density and apartments close to where they can get on the freeway and go either direction. So, I am -- I am totally on the fence right at the moment. Not that that was helpful, but I felt like I needed to say something. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I share a lot of the sentiments and the concerns. I do love hearing what everyone else has also said is, Matt, you do top notch work and the public that you deal Meridian City Council August 21, 2018 Page 89 of 108 with always seem to speak well of you and shoot straight, which is much appreciated. The concerns that everyone has expressed -- this project -- or this land, I guess, I have got history with. No connection with it now, but at a former firm, the former owners, we were involved in all the original entitlements to this parcel. So, that whole commercial stuff we were part of. So, I know that history that -- what happened back 12 years ago. I -- quite frankly, the challenge of this location is more probably most focused on the off- site intersection and redesign of Meridian Road and Main Street how it attaches to the freeway and the lack of runway. That's been a much bigger problem with -- which has kept the site from being developed. But the concerns that have all been raised here, I kind of have the feeling, instead of kind of trade off of getting it done right now or getting it done right, and kind of acknowledge, Matt, to your credit to be open to that and the fact that we are redoing our comp plan right now -- looking at this in a vacuum is one thing, but to try and understand, you know, converting 40 acres of commercial property adjacent to a freeway, high density residential and how that impacts the overall inventory of our community and -- I think we are getting so much good input from public that didn't participate in the comp plan last time, they weren't here, I think all of that would be helpful, like Councilman Little Roberts was talking about, the comp plan process might help answer this question for me. So, I'm not comfortable moving forward with it right now in light of those concerns and reservations. I think that process has to be completed to help answer that question. De Weerd: A lot of good discussion and so I would look for some direction through a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Before we do that, the applicant had raised his hand as though he wanted to make a comment. The public hearing is closed, but -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we reopen the public hearing to allow the applicant to provide additional information. Milam: Second. De Weerd: I have a motion and a second to reopen the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council August 21, 2018 Page 90 of 108 Schultz: Matt Schultz. 8241 South Ten Mile. Thank you, Mayor and Councilmen for letting me just speak a few words. So, it's always a little difficult after the public hearing closes to hear all this -- man, I wish I could just jump in and -- but that's just the way it goes. It's been that way my whole career, 20 years, so -- but I appreciate you letting me speak. As much as I hate to do it, because I have done it before and I can see where this is going, as far as -- yeah, I mean if -- I don't know if the proper avenue is to continue this for an indefinite period. I don't know -- to participate in the comp plan process. I'm just not sure what the thing is. I'm just not a hundred percent comfortable moving ahead with the full decision approved tonight, basically, so I guess maybe ask for a continuance to -- to bring I guess a better -- better idea is for us to at least be able to address some of the concerns about the -- the traffic, with maybe -- maybe bring them forward to our consultants and some more testimony on that to -- to alleviate -- and to the schools. The schools and the traffic to -- because I think we are jumping to some conclusions on the traffic with ACHD not being able to participate and the traffic engineer about not being able to answer these questions about how the intersection works, how it doesn't, I just -- it just feels like we are jumping to some conclusions about that and I would like to be able to provide some more -- more -- more testimony at least before we go for an approve or deny that -- and you don't have to, you can say, no, Matt, we will make a decision tonight and I would respect that, but I would just ask that we continue to be able to -- to add some more information about the school and the off- site traffic, see what ACHD could potentially do with us. They kind of left it ambiguous as to what we would do with that off-site portion at Waltman. Well, we are going to get down to business real quick and figure out a way to get that heavy lifting done, you know, if possible and maybe that helps, maybe it doesn't. I at least would like to have that opportunity at least before you make an assumption about the traffic and density, when I don't think you -- I don't think -- unfortunately, there is -- I hear you. We never did pin down how that -- how that gets done off site and we would like to be able to pin that down and we could do that. So, if that's affecting your decision I would like to be able to have the chance to address that and come up with a plan to fix that offset portion. So, that's all. Thank you. De Weerd: Thank you, Matt. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Love the fight, you know, to try and keep things going. Unfortunately, for me at least in this one that doesn't -- I understand traffic is -- this is a massive reduction of traffic. You know, it's a smaller big number. Much smaller big number, so -- so adding additional information from ACHD or the school district, how students would be dispersed, doesn't resolve -- one of the other bigger issues is trying to understand such a drastic change in this type of property inventory and our comp plan process that we are undergoing. So, the timing is unfortunate. I don't think -- and to continue it, in my mind, colors that process, because you kind of have this hanging out there, it's -- you Meridian City Council August 21, 2018 Page 91 of 108 know, it will impact I think the process in a way that might not be fair to determine what really should go in this location, if a change should happen at all. That's my concern. De Weerd: Okay. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I echo the concerns and thoughts of Council Member Borton a hundred percent. De Weerd: If there is no other reason to keep the public hearing open, I would entertain to close. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we deny H-20 -- De Weerd: Can we close the public hearing first. Bernt: Oh, sorry. I move that we close the public hearing of -- with H-2018-0023. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Mr. Bernt. Bernt: I move that we deny application H-2018-0023. De Weerd: I have a motion. Do I have a second? Cavener: Second. De Weerd: Okay. It was getting late. I have a motion and a second. Any discussion? I know we have already had discussion. Any further -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council August 21, 2018 Page 92 of 108 Milam: Just in general, I guess, if -- if this is how we feel we really should -- we need to make a decision that we are not going to make any more -- any changes to the comp plan for anybody until the comp plan is done. I think maybe -- just for future agenda topics, you know, we either do it or we don't and I think we need to make it a lot clearer and cleaner. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I was going to wait until we were done with this to make a -- make a similar comment. This body earlier tonight approved an industrial use across the street from residential and now this same body is going to deny residential up against residential so -- and -- and the reason that -- one of the reasons that we are denying -- it looks like this body is going to deny it is because, well, we are going through this comp plan change. Well, that same argument should have been made when this body was sufficient with approving industrial that's across the street from some residential. So, I really think that we, as a body, need to make some type of a formal statement to the development community, because if I'm sitting where the applicant's sitting, my head is spinning with confusion about what the City Council is wanting to do and I think we owe it to our partners in the development community to provide them at least some direction or some consistency, whether that is no comp plan changes until we have -- we have had our update -- great. If we are going to entertain that, great. But we shouldn't be using that as a basis of denial in my opinion. De Weerd: Okay. If there is nothing further, Mr. Cl erk. Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. De Weerd: I do think that we need to have a conversation and I -- I know that planning was -- was anticipating a workshop next month. We may want to have that sooner. I know it's not just the applicants, it's the staff that needs to be able to talk with -- with those that walk in the door with applications to propose amendment to the Comprehensive Plan and -- and, frankly, if we are in the midst of updating our Comprehensive Plan it does make sense to be participating in that update and -- and waiting until that new map comes out. But Caleb or -- or what is -- do you want to have this conversation sooner? Putting you on the spot. I don't mean to do that. Hood: So, Madam Mayor, Members of the Council, I'm going to kind of throw it back on you. I'm willing to have -- I got the summary from Cameron at the directors meeting and having that within the next four weeks coming back before you all to have that Meridian City Council August 21, 2018 Page 93 of 108 conversation, but if you want to have it earlier, that's, obviously, your call. So, I have it on my to do, like you said, Madam Mayor, in the next four weeks was the summary report I got back from the director, but if you want to accelerate that -- let's not do it tonight. It's not on the agenda, so -- De Weerd: Yeah. You're safe. It's not on the agenda. Hood: So, again, I -- any Tuesday between now and then we can -- and just quite honestly, while I have the mic, I'm going to rely on you for a lot of that. I don't -- I don't necessarily have -- I do like the direction, I do want to maintain and always improve our relationship with the development community, so any guidance you can give us that way -- you had another project and it was just -- no, there it's a one time thing, don't read too much into this, staff, but we even now are kind of saying, hey, folks, you know, some things afoot here and maybe, you know, come along with us as we refine our vision for our community. So, anyways, just -- again, Madam Mayor, to answer your question, whenever you would like. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: September 4th is a pretty light agenda. De Weerd: Okay. Borton: Oh, sorry. September 4th is very light. De Weerd: Okay. Borton: To consider for bringing that back. De Weerd: And I know earlier Denise had brought -- brought up this topic and so -- so, for the record, it is on September 4th. Milam: Great. Thank you. De Weerd: Okay. And -- and that was a good point. Thank you. We just don't want Sonya's job to be boring. I think she heard it. Yes, she did. H. Public Hearing for Bainbridge Franklin (H-2018-0057) by Steve Bainbridge Located at 2075 and 2155 W. Franklin Rd. 1. Request: Annexation and Zoning of 3.68 Acres of Land with a C-G Zoning District Meridian City Council August 21, 2018 Page 94 of 108 De Weerd: Okay. Item H is H-2018-0057. I will open the public hearing. This has been requested to continue to October 2nd and that was based on some issues the applicant wanted to work out with staff and -- that were raised through the Planning and Zoning Commission. Council, any further information needed on that? If not, I would entertain a motion to continue. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we continue H-2018-0057 to October 2nd, 2018. Cavener: Second. De Weerd: I have a motion and a second to continue to October 2nd. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. I. Public Hearing for Fairbourne Subdivision (H-2018-0052) by Fairbourne Development, LLC Located at the Northwest Corner of W. Chinden Blvd. and N. Black Cat Rd. 1. Request: Rezone of a Portion of Property from R-15 (9.71 Acres), R-8 (39.71 Acres), and C-C (19.48 Acres) to R-8 (62.41 Acres) and CC (6.48 Acres); and 2. Request: Preliminary Plat Consisting of 176 Building Lots and 26 Common Lots on 66.35 Acres of Land in a Proposed R-8 and C-C Zoning District; and 3. Request: To Be Removed From an Existing Development Agreement and to be Placed in a New, Separate Agreement De Weerd: Item 9-I is a public hearing on H-2018-0052. I will open this hearing with staff comments. Beach: Good evening, Madam Mayor, Members of Council. Before you tonight is the -- called Fairbourne Subdivision. It is on the northwest corner of Black Cat Road and West Chinden Boulevard and the site consists of approximately 66.35 acres of land and it's currently zoned R-15, R-8 and C-C. The applicant is looking for a rezone, a preliminary plat, and for a development agreement modification. Some history on this project. Back in 2006 the property was annexed as the Tree Farm Subdivision and was granted approval with R-15, R-8 and C-C zoning districts and a development agreement was executed on the annexation of that property. Several addendums to the DA have also been recorded. In 2007 a third amendment to the DA was approved and recorded Meridian City Council August 21, 2018 Page 95 of 108 that realigned the zoning district boundaries consistent with the approved preliminary plat. The Comprehensive Plan future land use map designation is medium density, low density, and mixed use community. So, the rezone, the subject property is governed by a development agreement recorded as instrument number 106151218, which is the Tree Farm -- as you see here on your slide here is how the zoning boundary was designated to align with the comp -- the concept plan provided with the development. The applicant's requesting to eliminate the R-15 zoned area, to reduce the C-C zoning district and to increase the size of the R-8 zoning district. The purpose of the rezone is to reduce the amount of commercial property and to increase the amount of residential property in the area. So, as part of the application staff is requiring that the applicant enter into a -- a new development agreement for the subject property to the requirements listed in the staff report and we can go over those. I did not create a slide, but I have got the staff report pulled up, so we can go through those. In addition to the rezone and the development agreement, the applicant is also proposing a preliminary plat. The plat consists of 176 single family residential lots, one commercial lot, and 26 common lots on the roughly 66.35 acres of land with the R-8 and C-C zoning districts. Staff is determined that those two zoning districts are appropriate with the proposed development. The gross density for the subject property, 2.82 dwelling units per acre, the R-8 portion of the project, and moving on here, this is the commercially -- the commercial -- single commercial property is here and the orientation for you is always off, so I can fit them on the page. North is to the right and so this would be actually the hard corner of Chinden and Black Cat. So, the R-8 portion is 62.41 acres of land. The portion consists of 176 single family residential lots, as I said, with an approximate density of 2.82 dwelling units per acre and the C-C portion of the project, indicated by my mouse again here, would be approximately 4.8 acres in size. The applicant proposes to develop the property -- or the entire preliminary plat in four phases. There are -- moving on here, if you can kind of see a little bit better. There are four common driveways proposed. Per UDC 11 -6-C-3D, common driveways shall serve a maximum of six dwelling units. It seems to meet that requirement. Chinden Boulevard is a state highway. The UDC prohibits access to state highways at locations other than at section lines or at the half mile between sections. The replacement of the plat prohibiting direct a lot access to Chinden Boulevard and also required by the UDC is a requirement and that noise abatement be provided along a berm or berm wall combination against any residential properties, so the applicant is required to do that in this section here. Because this is commercial in this location, they are not required to put noise abatement there. Access is -- is provided from North Black Cat Road. The applicant has discussed the extension of North Black Cat Road and North Tree Farm Way with the adjacent property owner and with representatives of the Ada County Highway District. The road will be constructed with the first phase. Access to the commercial parcel shall be off of Waverton Drive. Direct access to Black Cat shall not be permitted with the development. I will say that when we went through the Planning and Zoning Commission the applicant did not catch the requirement that we would not let them have direct access to Black Cat Road and so in a subsequent e-mail -- and I'm sure he will come up and discuss that. He is asking that he be allowed to have direct access to Black Cat from the commercial property. In reviewing the staff report from the highway district they are allowing that and so that will be a point of discussion from the applicant Meridian City Council August 21, 2018 Page 96 of 108 tonight. The applicant is proposing 8.97 acres or 14.4 percent open space for the development. He's proposing a clubhouse, a pool, children's play structure and pedestrian walking path as amenities. That does meet the UDC requirements for the number of amenities for a subdivision this size. As I said, Chinden Boulevard is classified as an entryway corridor on the future land use map and requires a 35 foot landscape buffer. The applicant is proposing to construct a 35 foot landscape buffer along Chinden Boulevard, located outside the future 200 foot right of way for the highway. Moving forward, we did provide -- initially with the Planning and Zoning Commission there was a concern that -- I will kind of flip back between these two slides. You seen in my mouse here on the north side of the project there is a common lot that has a pathway that runs to the north along the Phyllis Canal and, then, will, again, come back out on this section of Black Cat that is not being proposed to be constructed right now. So, staff had concern that there would be limited visibility on this large open space lot here, understanding the reason why they would like that, it provided excellent views, but concerns were raised that there would be some activity there that wouldn't be able to be monitored by -- by any of the emergency services. So, we had -- the applicant worked with the police department specifically and came up with a solution for that. So, I wanted to make sure I provided that slide for you, so that you can see that they are going to provide an -- an access road, so that folks can -- specifically police can get down there and see what's going on. So, these are some examples of the proposed amenities for the subdivision and a central open space and, then, some conceptual building elevations as provided by the applicant. So, moving on to the summary of the public hearing from July 12th at the Planning and Zoning Commission, Sam Johnson, the applicant, was in favor of the project. Didn't have any folks commenting in opposition or -- or commenting at all. Didn't receive any written testimony. I was the staff that presented the application. There were no other -- other staff comments made. As I said, there was no public testimony, so there were no key issues. Some of the key issues of discussion by the Commission -- how the -- how does this development impact the Black Cat improvements on the corner of the Costco development. A common lot on the north boundary of the site seems to be hidden from view from the adjacent public streets. The fire and police department is okay with that design. How will this and other large developments in the area impact traffic congestion on Black Cat, Tree Farm Way, and Chinden Boulevard. The Commission did not make any changes to staff's recommendation. There are no outstanding issues for Council. And did not receive any written testimony since the Planning and Zoning Commission and, again, the Planning and Zoning Commission did -- did recommend approval. Like to see the development agreement conditions. I know there is specifically one that the applicant's wanting to modify to allow for him to have access to Black Cat Road directly from the commercial parcel. So, with that I will stand for any questions you have. De Weerd: Council, any questions? Josh, does this -- does this help with the issues on Tree Farm and -- and give them that access of how -- Beach: Not really. De Weerd: Okay. Meridian City Council August 21, 2018 Page 97 of 108 Beach: There is lots of concern with those folks there. For the Roxbury church that was approved and the -- there is another subdivision going to be coming just north of the Roxbury Church on a parcel that's R-15 there, but a lot of concern from Spurwing Greens folks that Tree Farm is the only way out for all of them and this will help -- this will help with that. De Weerd: Okay. Thank you. Well, if there is no questions, I will ask the applicant if he would like to make comment. Thank you for hanging in there. Johnson: Well, thank you. Sam Johnson. I represent Fairbourne Development, 2701 East Pine Avenue in Meridian. 83642. I appreciate staff and working with Josh on all -- all this application. I'll keep it short and cut the fat tonight. This is a very straightforward subdivision. We are hoping that it's more of a neighborhood and an amenity to the community that people will talk about for years to come. We feel that the design is -- is something unique. We have like -- like Josh said, we have a variety of density and we are asking R-8 in density, the whole thing, but we do transition from 4,200 square foot alley-loaded lots up near Chinden, all the way to half acre lots on the rim. We think that that density -- or that mix in density and mix in product will help with the vibrancy of the community. Obviously there is walking paths and connectivity throughout. This -- this park that's on the north -- or on the far right of your -- of the picture in front of you, we call it the secondary park. It's something unique for this property. That -- that area, that triangle, is about ten to 15 feet lower than the lots that are to the left, so it kind of creates a little bit of a land terrace park area that the community can use and I have -- as I have traveled the country and looked at other communities, I have admired where some have used some of the view corridors and view areas and maybe the top of the hill to use that for a common space and not just to a select people who -- select few that can afford it. Granted, there are ten half acre lots there on the rim that will be higher end, but this secondary park will be an amenity that will be unique to this -- this community here. Speaking of Black Cat -- and I know it's been a point of contention and in discussion for many, many months. As you know, the neighboring property to the east is being developed right now by M3 Development with Spurwing Heights neighborhood is what they call it. There -- they have done their second phase and part of the road, just to give you a current window, this section of Black Cat is currently in. It's -- it's installed and it's paved. Their third phase, if you remember, it cannot be recorded until they connect to Chinden and that connection only requires a 30 foot asphalt section. It doesn't require curb, gutter and sidewalk. They are -- the stakes are there and they are preparing to do that right now. That -- so that connection will happen soon. So, from this area here -- this intersection at Highland Falls to the north, ACHD doesn't want any improvements there, because there is no property taking access off of that section for now. So, myself and the -- and M3 next door are required to put in a -- put money into a road trust fund that will pay for those improvements when the crossing of the Phyllis Canal occurs. They don't want to jump the gun on that -- on where that road lands and what the elevation is -- is of Black Cat until they know how the bridge is going to cross over Phyllis Canal. We -- with the intersection of Black Cat and Chinden. There is -- we are allowed to -- per the Meridian City Council August 21, 2018 Page 98 of 108 conditions with the -- with ACHD and ITD, that we can build up to 111 lots, which equates to our first two phases, before a signal is required at that intersection. With -- we are working with Costco and -- and with their timing -- if their timing continues as -- as planned, their timing might work great with -- for our timing as well, but there is a condition -- we are conditioned if they back away and we want to continue, then, we will be responsible for building either a temporary signal or building out the full signal at the time. Other than that, I think we have a great project here and it's pretty -- it's pretty cut and dry and -- and the one condition that we would like to change in the staff report that, yes, I missed in the P&Z staff report, is Condition 1.1.D -- 1.1.1D. It states that access to the commercial parcel shall be from Waverton Drive and, then, the direct access to Black Cat shall not be permitted and we would like to have access and -- to -- to Black Cat and per the ACHD report, which we agree with, that access would be a right-in, right-out only. And other than that, I stand for questions. De Weerd: Thank you. Council, questions? Thank you, Sam. I don't see any at this time. Beach: Madam Mayor, if I could quickly while Sam -- before Sam sits down, we -- we spoke earlier, he and I, about Condition 1.1.3D and wanted to clarify what that meant, because I -- as I said earlier, we require a berm or berm wall combination up against residential, but we don't necessarily have that requirement along commercial. The way that condition is written I'm requiring him to put a six foot tall fence along the commercial. Didn't know if that was something he was still wanting to -- to adjust, so I thought I would just mention before he sat down and he could comment on it. Johnson: Yeah . I appreciate that. And I -- I would -- I would request that we are not required to have a six foot fence there on the commercial portion, but certainly the noise abatement for the residential, yes. But the way that that condition is written it kind of makes -- it's a little confusing to me that it says provide a six foot tall solid fence and noise abatements per the code. Later on it says this is only pertaining to this -- the residential portion, but I think the intent was that the six foot fence would be against the -- where -- where the commercial is and the noise abatement against residential, I would -- I would request that the six foot tall solid fence from that condition be removed. De Weerd: In front of the commercial. Johnson: Correct. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: But don't you want to hide your commercial property so nobody could see it? Sorry. I'm just ridiculous. It's ridiculous. Okay. Johnson: I got it. Meridian City Council August 21, 2018 Page 99 of 108 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If I tracked that right -- fence adjacent to residential as written. That's appropriate for that -- okay. Johnson: The noise -- the noise abatement. So, it's kind of -- in that first sentence it says provide six foot tall -- six foot tall solid fence. That's commercial. The commercial portion. And noise abatement for the residential. And that's -- that's the confusion. De Weerd: So, you would like to do the noise abatement for the residential and no fence for the commercial. Johnson: Correct. De Weerd: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: When I read that early I thought it was noise abatement and a fence -- Johnson: So, did I. Milam: -- on only the residential, not on the commercial. So, what is the noise abatement then? And there -- there have been -- I hope there is a fence. Otherwise, houses should not be along Chinden. Johnson: Yes. The noise abatement requirement for that -- for the code -- it is either a ten -- it's a ten foot minimum height, higher than the center line of Children, and it's either a berm that's ten feet high or taller or a combination berm and sound wall. That's the ten minimum. Ten feet higher than the center line. So, it gives you -- it gives me the flexibility of doing a berm and/or -- sorry. A berm or a berm and wall. But the way that this was written and conversations with Josh, it was confusing to me that -- it made it sound like I needed to do a ten foot berm and a six foot fence, but that's not the intent of the condition from what I understand. Beach: I should have just made it simple and said comply with the UDC, but -- no wordsmithing. Tripped over myself, so -- that -- that's the goal. De Weerd: Okay. Thank you, Sam. Coles: There were no signups, Madam Mayor. Meridian City Council August 21, 2018 Page 100 of 108 Bernt: I was wondering if you were going to come up and talk. LaFever: Well, I was going to stay the whole time anyhow, but since I'm here, Denise LaFever. 6706 North Salvia Way, Meridian, Idaho. Spurwing. I appreciate this is already zoned and we have a developer here that is willing to go back and lower the intensity and density. So -- because what could have gone there could have been a lot higher. So, I thank the developer for putting together a good plan. De Weerd: Thank you, Denise. Okay. Any further comments, Sam? Council, any further information needed? If not I would entertain a motion to close. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move we close the public hearing on H-2018-0052. Little Roberts: Second. De Weerd: I have a motion and a second close public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approved H-2018-0052, allowing commercial access -- commercial access to Black Cat Road -- is there anything else? De Weerd: And clarification -- the no fencing in front of the commercial. Milam: No fencing in front of the commercial and the sound abatement is per UDC code. De Weerd: Okay. Any discussion? Hearing none, Mr. Cl erk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: What pleasant ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council August 21, 2018 Page 101 of 108 Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: I just wanted to say I really appreciate the design in this and, you know, how you have some smaller lots up to the half acre lots. It's a beautiful project and I think I might move there. Want one of the big lots in the back. J. Public Hearing to Consider the Exchange of City-Owned Real Property for Real Property Owned by Woodside Harris LLC 1. Exchange Approximately 1,640 Square Feet Of City-Owned Real Property For Approximately 1,958 Square Feet Of Real Property Owned By Woodside Harris LLC At Meridian’s Water Well Lot Number 28 Being A Portion Of Lots 16 And 24, Block 1 Of Blackrock Subdivision No. 1 As Shown In Book 96 Of Plats On Pages 12003 Thru 12008, Records Of Ada County, Idaho, And Being Located In The E ½ Of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho De Weerd: Okay. Item 9-J is a public -- Nary: Madam Mayor? De Weerd: Yes. Nary: Sorry. De Weerd: That's all right. Go ahead. Nary: I just didn't want to jump ahead. I was going to say, Madam Mayor, if we could pull up the record of survey here, this probably is easier if we look at the picture of it than for me to try to explain it. This should take less than an hour. Basically, we are squaring off a city well lot in Blackrock -- when we get to the picture. Can you pull it up, C.Jay? Oh. Okay. So, Madam Mayor, Members of the Council, you will see, basically, this is a well lot that's shaped like an odd shape Lego and now it will be a rectangle. We will retain an easement to enter this well lot that's owned by the city. Basically, this original piece that we are exchanging is the one that's the top part of this and that section is -- was originally going to be part of the berm, now the berm has been constructed. We own the other portion that was our access. We will maintain the access, but we are squaring off the lot, so it gives us more flexibility within the well lot. And if the Mayor -- if the Council agrees, the ordinance is on as Item K, that you can approve tonight, and it will follow with an agreement that Mr. Baird is just ironing out a couple details and we should have it on -- probably on next week's agenda. Meridian City Council August 21, 2018 Page 102 of 108 De Weerd: Any questions? If not we do have an ordinance 18-1789. Milam: Madam Mayor? De Weerd: Yes. Milam: Since that was a public hearing, we need to close the public hearing or do we just move on to K? De Weerd: Yes. Close the public hearing. Milam: I move we close the public hearing on Item -- whatever. Are we at 9-J? De Weerd: J. Milam: I don't know what number we are on. De Weerd: Nine. Milam: 9-J. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. K. Ordinance No. 18-1789: An Ordinance Authorizing The Conveyance And Exchange Of Approximately 1,640 Square Feet Of City-Owned Real Property For Approximately 1,958 Square Feet Of Real Property Owned By Woodside Harris LLC At Meridian’s Water Well Lot Number 28 Being A Portion Of Lots 16 And 24, Block 1 Of Blackrock Subdivision No. 1 As Shown In Book 96 Of Plats On Pages 12003 Thru 12008, Records Of Ada County, Idaho, And Being Located In The E ½ Of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Authorizing The Mayor And City Clerk To Execute And Attest On Behalf Of The City Of Meridian The Deed And Other Documents Necessary To Complete The Transaction; Providing For A Waiver Of The Reading Rules; And Providing An Effective Date De Weerd: And K is the ordinance, 18-1789 as it relates to 9-J. Mr. Clerk, will you, please, read this by title. Meridian City Council August 21, 2018 Page 103 of 108 Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1789, an ordinance authorizing the conveyance and exchange of approximately 1,640 square feet of city-owned real property for approximately 1,958 square feet of real property owned by Woodside Harris, LLC, at Meridian’s Water Well Lot No. 28, being a portion of Lots 16 and 24, Block 1, of Blackrock Subdivision No. 1, as shown in Book 96 of Plats on pages 12003 thru 12008, Records of Ada county, Idaho, and being located in the E ½ of Section 32, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho; authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian. The deed and other documents necessary to complete the transaction; providing for a waiver of the reading rules; and providing an effective date. De Weerd: You have heard this read by title. Do we have a motion to approve? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Move that we approve Ordinance No. 18-1789, with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-K. Is there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. L. Resolution No. 18-2099: A Resolution Re-Appointing Steve Vlassek to Seat 3 of the Meridian Development Corporation, Re-Appointing Tammy de Weerd to Seat 5 of the Meridian Development Corporation and Re-Appointing Nathan Mueller to Seat 8 of the Meridian Development Corporation De Weerd: Item 9-L is Resolution 18-2099. Council, I -- I did talk with a couple of Council Members about this and had some good discussion along the way in terms of, you know, the historical desire to have two elected officials on it as we first started the MDC. At the time it was discussed Mayor or Council was really a desire to have two elected officials. The Mayor was not interested at the time. So, you know, it was referred to as two council members. In 2007 when Councilman Borton stepped down, Council did discuss the -- and this is just by memory -- and we did try to find the memo that was referenced in the minutes, but to have two elected officials and at the time we were discussing a lot of various things that did demand staff resources and staff time Meridian City Council August 21, 2018 Page 104 of 108 and we were talking maintenance of landscaping and -- and other areas that show the importance of having the Mayor as the city administrator and -- and the -- the conduit to be in that communication and staff resource and department link. So, that was the -- the direction we went at that time. I would say that I, too, think that we need to have a City Council representative and I do know that there is interest in, so I am dedicated at the earliest time to have a second elected official on the MDC board, but I would ask for your approval of the appointments as read in Resolution 18-2099. I would stand for questions. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Hearing no discussion, I would like to say that I appreciate the discussion that's gone on through the last week and I would like to go ahead and move that we accept Resolution 18-2099 and reappoint Steve Vlassek to Seat 3 for MDC and the Mayor to Seat 5 and Nathan Mueller to Seat 8. Milam: Second. De Weerd: I have a motion in a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple I think important comments to be shared. One, I know Councilmember Palmer is not here, but I think he spent a considerable amount of time researching the history, which I think helped to facilitate some better conversations -- I know at least for myself. I know for some other Council Members as well. The hour is late and so perhaps my filter will be less prevalent than it normally is, but I have to be very frank, I'm disappointed to see this return. Last week the Council could have had the opportunity to modify this and add a different name. We chose not to, because we thought that the conversation with the Mayor -- at least I myself had the conversation with the Mayor -- was important. This Council before us established City Council members as acting members of MDC and for a period of months that has not existed. Mayor, I think you had an excellent opportunity to show great leadership and appoint a City Council member and correct that deficiency. You had your own reasons for choosing not to, but it makes it very challenging for me to be supportive of this resolution coming back for a second week in a row when the Council voted not to support it last week. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council August 21, 2018 Page 105 of 108 Milam: I definitely want to see a Council Member on the MDC board as soon as possible. However, I don't think that removing somebody who wants to serve is the proper way to go about that. So, I would like to -- you know, I have heard there might be somebody or -- that might be stepping down and I would say the next available opening a Council Member goes on there, which the longest period I guess that would be would be when -- the year when a few seats will be open. But if there is anything happen sooner with anybody, that opportunity needs to happen immediately, in my opinion. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I try really hard for us to not talk to each other in the meeting, but with the chair, but I think Council Member Milam brings up a point that I think is important to -- to correct and that is I -- I don't think anybody on this body has any desire to remove somebody that has been appointed. These are -- these are reappointments and I know that in the past both from my time on the City Council and my time on the MDC, that there have been members who have wanted to continue in service, either on a various commission or on the MDC, and were not given that opportunity, because it was determined that it was an opportunity to put somebody new on. So, I have no desire to remove somebody, rather I believe it's important at this juncture, when we have the opportunity to put somebody to represent the City Council, that now is that appropriate time. De Weerd: Okay. Any other discussion? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Just a point of clarification for me. You know, when Mr. Bird was a member of this body he was, basically, the City Council representative, along with Madam Mayor -- De Weerd: Do we -- do we need to have a recess? Cavener: Madam Mayor, if you want to recess, I'm fine for a recess. Doesn't matter to me. De Weerd: Yeah . I guess we have someone speaking. I'm sorry, Mr. Bernt. Bernt: That's fine. I just -- just for a point of clarification, Mr. Bird, who we all love and respect when he was a member of this body, was appointed and he's been on the board for many, many moons representing City Council on MDC. Madam Mayor, if we could, is there a reason why -- this is just for me personally -- if -- if that was a City Council -- if he was a City Council representative -- I don't want to second guess anything, but why - Meridian City Council August 21, 2018 Page 106 of 108 - why didn't we have this discussion back -- why is this a big deal now and not a big deal back then when -- I'm assuming that it was a unanimous decision to work -- or, obviously, a majority to keep Mr. Bird on -- on MDC with -- basically in a -- in a City Council seat when he had announced his retirement from this body. Why are -- why -- why are we having this -- why is it a big deal now and not then. De Weerd: I -- and I didn't go back and look at the minutes at that time, but I believe that Mr. Nary did point out that they are appointed as individuals and that that term would -- would be a three year term when he was appointed in 2016. Bernt: '16. So, I wasn't -- it wasn't fall of 2017. De Weerd: No. I think that our City Clerk looked it up and -- and that was when he was reappointment. Bernt: Okay. That actually makes more sense to me. Thank you for that clarification. De Weerd: Anything further? Mr. Clerk, would you call roll. Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Item 10: Ordinances [Action Items] A. Ordinance No. 18-1787: An Ordinance (H-2018-0046– Sodalicious) For Annexation Of A Parcel Of Land Situated In The Northwest ¼ Of The Northeast 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 m 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 0.36 Acres Of Land From Rut To C-G (General Retail And Service Commercial) 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 Meridian City Council August 21, 2018 Page 107 of 108 De Weerd: Thank you, Council. And I will -- I will be dedicated to making sure that is captured. Item 10-A Ordinance 18-1787. Mr. Cl erk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1787. An Ordinance file H-2018-0046 - Sodalicious, for annexation of a parcel of land situated in the northwest ¼ of the northeast 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 0.36 acres of land from RUT to C- G (General Retail and Service Commercial) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Thank you. Council, you have heard the reading of ordinance under 10-A. Do I have a motion? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approved Ordinance No. 18-1787 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 10-A. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 18-1788: An Ordinance (H-2018-0048– Compass Charter School) For Annexation Of A Parcel Of Land Within The Southwest Quarter Of The Southwest Quarter Of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 21.93 Acres Of Land From Rut To Me (Mixed Employment) Zoning District In The Meridian City Code; Meridian City Council August 21, 2018 Page 108 of 108 Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: 10-B is Ordinance 18-1788. Mr. Cl erk, will you read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1788: An Ordinance file H-2018-0048 -- Compass Charter School, for annexation of a parcel of land within the southwest quarter of the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 21.93 acres of land from RUT to ME (Mixed Employment) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: You have heard this read by title. Do I have a motion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move we approve Ordinance No. 18-1788 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 10-B. If there is no discussion, Mr. Cl erk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11 : Future Meeting Topics De Weerd: Council, we have set out as scheduled September 4th as the discussion about consideration of land use map changes until we conclude our conference plan Meridian City Council August 21, 2018 Page 109 of 108 process. Is there anything further? I will remind you we have Movie Night, Main Street Market, and our last Concert On Broadway and I would like to personally invite you -- we have our Mayor's Youth Advisory Council kickoff on August 27th. Parents are invited to attend with their students on next Monday. It starts at 6:00. And, again, at 7:00. We do two nights the first night, because usually we get a lot of interest just to see what's going on. So, love to have you join us. If there is nothing further, I would entertain a motion to adjourn. Milam: So moved. Borton: Second De Weerd: All those in favor say aye. Boy, it is late. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 11:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 0 ATTEST/ -- C. JAY 70LES,, Y CLE C / Iy /_ DATE APPROVED W p,U G US P\ �y oI.P City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 5 Project File Number: Item Title: Future Meeting Topics Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. Meeting Notes Hearing Date: 8/21/2018 Item Number: 5 Hearing Type: Public Forum Signature Name Discussion Topic Sign In Date/Time Denise LaFever process 8/21/2018 17:20 Adam hegstrom Waltman ln 8/21/2018 18:03 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6A Project File Number: Item Title: Approve Minutes Approve Minutes of July 12, 2018 City Council Budget Workshop Meeting Notes u✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of J uly 12, 2018 City Council Budget Workshop C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Cover Memo 8/17/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/14/2018 - 8:26 A M Meridian City Council Meeting Agenda August 21, 2018 – Page 7 of 902 Meridian City Council - Budget Workshop July 12, 2018 Page 117 of 117 MEETING ADJOURNED AT 3:36 P.M. (AUDIO RDING ON FILE OF THESE PROCEEDINGS) MAYOR TA DE WEERD DATE APPROVED ATTEST: �' "�O PUGus T 1 C. JAY C LES, OOY CLER a? '� $' J O%C y 1p D L w Sti .�� City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6B Project File Number: Item Title: Approve Minutes Approve Minutes of August 14, 2018 City Council Workshop Meeting Meeting Notes u✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 5.B . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of August 14, 2018 City Council Workshop M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Cover Memo 8/17/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/17/2018 - 12:50 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 127 of 902 Meridian City Council Workshop August 14, 2018 Page 45 of 44 MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (5:30 p.m. to 6:41 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Borton: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: And for the record Councilman Treg Bernt joined us during the Executive Session. Do I have a motion to adjourn? Borton: So moved. Cavener: Second. De Weerd: All those in favor? All ayes. Thank you, Treg. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:42 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) /a_I '-v � MAYOR T D WEERD ATE APPROVED ATTEST: 1 C. JAY CO S, CITY ERK PQDaPSEDAUGUSr, Q ,0 City of 0 E IDIAN -- IDAHO s� SEAL City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6C Project File Number: Item Title: Rapid Creek Subdivision No. 1 Water & Sewer Easement Meeting Notes C�i �PPR�Vog I TEM SHEET C ouncil Agenda I tem - 5.C. Presenter: Estimated Time f or P resentation: Title of I tem - Rapid Creek S ubdivision No. 1 Water & Sewer Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 8/15/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/15/2018 - 1:40 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 173 of 902 ADA COUNTY RECORDER Christopher D. Rich 2018-079771 BOISE IDAHO Pgs=5 LISA BATT 08/22/2018 02:19 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): Rapid Creek Subdivision No 1 Sanitary Server & 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). TI41S Easement Agreement, made this day of20 18 between Challenger Development ('!Grantor"), and the City of Meridian, an Idaho Municipvolwration ("Grantee"); Inc. 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 casement 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 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 u g u s t 2 1 , 2 0 1 8 – P a g e 1 7 5 o f 9 0 2 GRANTEE; CITY OF MERIDIAN de)N'e/rd, Mayor by C.Ja oles, City STATE OF IDAHO, ) . ss. County of Ada ) 'm (,, c uy of w E IDIAN�. IDAHO SEAL t) This record was acknowledged before me on 8 -2 " (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) ••••...fes@*& T1E W •• ti �ARY9 • STA ti .� 00t .�. Notary Signatureiot- , My Commission Expires 3 -2-8 ,c� D D a, Sanitary Sewer and Water Main Easement REV. 03/26/2018 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 u g u s t 2 1 , 2 0 1 8 – P a g e 1 7 7 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 1 7 8 o f 9 0 2 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6D Project File Number: Item Title: Twelve Oaks Sanitary Sewer and Water Main Easement Meeting Notes Cy APPBOVEP. I TEM SHEET C ouncil Agenda I tem - 5.D. Presenter: Estimated Time f or P resentation: Title of I tem - Twelve Oaks S anitary Sewer and Water M ain E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement A greements / C ontracts 8/17/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/17/2018 - 11:49 A M Meridian City Council Meeting Agenda August 21, 2018 – Page 179 of 902 ADA COUNTY RECORDER Christopher D. Rich 2018-079772 BOISE IDAHO Pgs=14 LISA BATT 08/22/2018 02:19 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivisiont: Sanitary Sciver & Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additionn) information). ROKWO MARLA"AARIAN LKIN 101 AUT R 19 1 = 9113 THIS Easement Agreement, made this f) 10, day of L-A-, 20 19 between ' eJY JW ("Grantor"), and the City of Meridian, an Idaho Municmio� I—ct— pi 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 tile 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 'em, ill 5 1 11� li I ii 1 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 easernent. 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 purposes stated here in . THE GRANTOR cove nan ts and ag rees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or li e within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted whic h 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 relin quis hed. 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 cla im s of all persons whomsoever. THE COVENANTS OF GRANTOR made herein sha ll be binding upon Grantor's successors, assigns, heirs, persona l representatives, purchasers, or transferees of any kind. TN WITNESS WHEREOF, the said patties of the first part have hereunto subscribed their signatures the day and yea r first herein above wri tten. GRANTOR: T v-Jt..lvc.-O~s lt,l ) ) SS County of Ada ) This reco rd was acknowledged before me on el1 l20\e.> (date) by J°'C'Ls L. Jcwc fl (name of in dividual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Twe-lvc.., O*'s , llC.. (name of entity on behalf of whom record was executed), in the following r~presentat iv e capacity: ~<.-,-(type of author ity such as officer or trustee) Sanitary Sewer and Water Main Easement REV. 03/26/2018 Meridian City Council Meeting Agenda August 21, 2018 – Page 181 of 902 GRANTEE: CITY OF MERIDIAN Tammy dcld4gu%d, Mayor by C. ay Coles, City Clerk STATE OF IDAI-10, ) . ss. County of Ada ) QD�p,TED AUGU 01 O� ST p� 0 -�►�1 E('IDIAN>.. 1 �OAHO SEAL This record was acknowledged before me on �-� 1-18 (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature 0-1 "e)-YLO Wouj— My Commission Expires: 3 a8 �, Sanitary Sewer and Water Main Easement REV. 03/26/2018 Sawtooth L:ind Surveying, LLC P: (208) 398-8104 f: (208) 398-8 I 05 2030 5. Washington Ave., Emmett, ID 83G I 7 August 6, 2018 EXHIBIT A City of Meridian Water and Sewer Easement Description BASIS OF BEARINGS for this legal description is North 89013'17" West, between the aluminum cap marking the northeast corner of Section 14, and the aluminum cap marking the Nl/4 corner of Section 14. A parcel of land located in Lot 2, Block 1, Twelve Oaks Subdivision, as shown on file in Book 108 of Plats, at Page 15179, Ada County Records, and located in the NEl/4 of Section 14, T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the northeast corner of Section 14; Thence North 89°13'17" West, coincident with the north line of the NEl/4 of said Section 14, a distance of 1328.94 feet; Thence South 0°34'18" West, 48.00 feet to a 5/8" rebar PLS 14221 marking the northwest corner of said Twelve Oaks Subdivision and the southerly right of way of W. Franklin Road; Thence continuing South 0°34'18" West, coincident with the west line of said Twelve Oaks Subdivision, 551.07 feet to the POINT OF BEGINNING; Thence South 89°25'42" East, normal to said west line of Twelve Oaks Subdivision, 87 .52 feet; Thence North 75°07'43" East, 494.51 feet; Thence North 22°14'39" Eas t, 49.57 feet; Thence South 67°45'21" East, normal to the aforementioned call, 10.00 feet; Thence South 22°14'39" West, normal to the aforementioned call, 42.01 feet; Thence North 75°07'43" East, 14.24 feet; Thence South 14°52'17" East, normal to the aforementioned call, 30.00 feet; Thence South 75°07'43" West, normal to the aforementioned call, 7.78 feet; Thence South 73°12'54" East, 28.24 feet; P :\2015\ 15054-TWELVE OAKS 2\Drawings\Descriptions\15054-WATER AND SEWER EASEMENT-8-3-2018.docx P age 11 Meridian City Council Meeting Agenda August 21, 2018 – Page 183 of 902 Thence South 16°47'06" West, normal to the aforementioned call, 10.00 feet; Thence North 73°12'54' West, normal to the aforementioned call, 44.45 feet; Thence South 75°07'43" West, 15.09 feet; Thence South 14°52'17" East, normal to the aforementioned call, 10.00 feet; Thence South 75°07'43" West, normal to the aforementioned ca ll , 10.00 feet; Thence North 14°52'17" West, norma l to the aforementioned call, 10.00 feet; Thence South 75°07'43" West, normal to the aforementioned call, 48.00 feet; Thence South 14°52'17" East, normal to the aforementioned call, 10.00 feet; Thence South 75°07'43" West, normal to the aforementioned call, 10.00 feet; Thence North 14°52'17" West, normal to the aforementioned call, 10.00 feet; Thence South 75°07'43" West, normal to the aforementioned call, 60.00 feet; Thence South 14°52'17" East, normal to the aforementioned call, 10.00 feet; Thence South 75°07'43" West, normal to the aforementioned call, 10.00 feet; Thence North 14°52'17" West, normal to the aforementioned call, 10.00 feet; Thence South 75°07'43" West, normal to the aforementioned call, 9.30 feet; Thence North 14°52'17" West, normal to the aforementioned call, 20.00 feet; Thence South 75°07'43" West, normal to the aforementioned call, 38.70 feet; Thence South 14°52'17" East, normal to the aforementioned call, 30.00 feet; Thence South 75°07'43" West, normal to the aforementioned call, 10.00 feet; Thence North 14°52'17" West, normal to the aforementioned call, 30.00 feet; Thence South 75°07'43" West, norma l to the aforementioned call, 48.00 feet; Thence South 14°52'17" East, normal to the aforementioned call, 30 .00 feet; Thence South 75°07'43" West, normal to the aforementioned call, 10.00 feet; Thence North 14°52'17" West, normal to the aforementioned call, 30 .00 feet; P:\2015\ 15054-TWEL VE OAKS 2\Drawi ngs\Descriptions\ 15054-WATER AND SEWER EAS EMENT-8-3-2018.docx P age 12 Meridian City Council Meeting Agenda August 21, 2018 – Page 184 of 902 Thence South 75°07'43" West, normal to the aforementioned call, 48.00 feet; Thence South 14°52'17" East, normal to the aforementioned ca l l, 30.00 feet; Thence South 75°07'43" West, normal to the aforementioned call, 10.00 feet; Thence North 14°52'17" West, normal to the aforementioned call, 30.00 feet; Thence South 75°07'43" West, norma l to the aforementioned call, 48.00 feet; Thence South 14°52'17" East, normal to the aforementioned call, 30.00 feet; Thence South 75°07'43" West, normal to the aforementioned call, 10.00 feet; Thence North 14°52'17" West, normal to the aforementioned call, 30.00 feet; Thence South 75°07'43" West, norma l to the aforementioned cal l, 39.00 feet; Thence South 14°52'17" East, normal to the aforementioned call, 20.07 feet; Thence South 30°07'43" West, 17.80 feet; Thence North 59°52'17" West, norma l to the aforementioned call, 10.00 feet; Thence North 30°07'43" East, normal to the aforementioned call, 13.66 feet; Thence North 14°52'17" West, 15.93 feet; Thence South 75°07'43" West, normal to the aforementioned call, 73.08 feet; Thence South 14°52'17" East, normal to the aforementioned call, 17.61 feet; Thence North 89°25'42" West, normal to said west line of Twelve Oaks Subdivision, 82.62 feet to said west line of Twelve Oaks Subdivis ion; Thence North 0°34'18" East, coincident with said west line of Twelve Oaks Subdivision, 30.00 feet to the POINT OF BEGINNING . The above described parcel contains 0.33 acres more or less. TOG ETH ER WITH : A parcel of land located in Lot 2, Block 1, Twelve Oaks Subdivision, as shown on file in Book 108 of Plats, at Page 15179, Ada County Records, and located in the NEl/4 of Section 14, T . 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: P:\2015\15054-TWELVE OAKS 2\Drawings\Descriptions\15054 -WATER AND SEWER EASEMENT-8-3-2018 .docx P a g e 13 Meridian City Council Meeting Agenda August 21, 2018 – Page 185 of 902 COMMENCING at a brass cap marking the northeast corner of Section 14; Thence North 89°13'17" West, coincident with the north line of the NEl/4 of said Section 14, a distance of 1328.94 feet; Thence South 0°34'18" West, 48.00 feet to a 5/8" rebar PLS 14221 marking the northwest corner of said Twelve Oaks Subdivision and the southerly right of way of W. Franklin Road; Thence continuing South 0°34'18" West, coincident with the west line of said Twelve Oaks Subdivision, 551.07 feet; Thence South 89°25'42" East, normal to said west line of Twelve Oaks Subdivision, 87.52 feet; Thence North 75°07'43" East, 29.83 feet to the POINT OF BEGINNING ; Thence North 14°52'17" West, norma l to the aforementioned call, 44.23 feet; Thence North 0°34'18" East, 2.66 feet; Thence North 89°25'42" West, normal to the aforementioned call, 32.00 feet; Thence North 0°34'18" East, normal to the aforementioned call, 10.00 feet; Thence South 89°25'42" East, normal to the aforementioned call, 32.00 feet; Thence North 0°34'18" East, normal to the aforementioned call, 91.96 feet; Thence North 89°25'42" West, normal to the aforementioned call, 32.00 feet; Thence North 0°34'18" East, normal to the aforementioned call, 10.00 feet; Thence South 89°25'42" East, normal to the aforementioned call, 32.00 feet; Thence North 0°34'18" East, normal to the aforementioned call, 29.70 feet; Thence North 45°44'53" West, 55.39 feet; Thence North 0°44'53" West, 39.48 feet Thence North 44°15'07" East, normal to the aforementioned call, 60 .44 feet; Thence North 44°44'53" West, norma l to the aforementioned ca ll, 30 .00 feet; Thence North 44°15'07" East, norma l to the aforementioned call, 10.00 feet; P:\2015\15054-TWELVE OAKS 2\0rawings\Descriptions\15054 -WATER AND SEWER EASEMENT-8 -3-2018.docx P age 14 Meridian City Council Meeting Agenda August 21, 2018 – Page 186 of 902 Thence South 44°44'53" East, normal to the aforementioned call, 30.00 feet; Thence North 44°15'07" East, normal to the aforementioned call, 33.13 feet; Thence North 59°15'45" East, 23.15 feet; Thence North 30°44'15" West, normal to the aforementioned call, 69.88 feet; Thence North 59°15'45" East, normal to the aforementioned call, 14.11 feet; Thence North 0°46'43" Ea st, 22. 75 feet; Thence North 89°13'17" West, normal to the aforementioned call, 28.00 feet; Thence North 0°46'43" East, normal to the aforementioned call, 10.00 feet; Thence South 89°13'17" East, normal to the aforementioned call, 28.00 feet; Thence North 0°46'43" East, normal to the aforementioned call, 14. 78 feet Thence North 89°13'17" West, normal to the aforementioned call, 26.00 feet; Thence North 0°46'43" East, normal to t he aforementioned call, 10.00 fe et; Thence South 89°13'17" Ea st, normal to the aforementioned call, 26.00 feet; Thence North 0°46'43" East, normal to the aforementioned call, 23.98 feet; Thence South 89°13'17" East, normal to the aforeme ntioned call, 20.00 feet; Thence South 0°46'43" West, normal to the aforementioned call, 29.67 feet; Thence South 89°13'17" East, normal to the aforementioned call, 10.00 feet; Thence South 0°46'43" West, normal to the aforementioned call, 10.00 feet; Thence North 89°13'17" West, normal to the aforementioned call, 10.00 feet; Thence South 0°46'43" West, normal to the aforementioned call, 44.06 feet; Thence South 30°44'15" East, 60.37 feet; Thence North 59°15'45" East, normal to the aforementioned call, 122.00 feet; Thence South 30°44'15" East, normal to the aforementioned call, 12.00 feet; Thence North 59°15'45" East, normal to the aforementioned call, 62.00 feet; P :\2015\15054-TWELVE OAKS 2\Drawlngs\Descriptions\15054-WATER AND SEWER EASEMENT-8-3-2018.docx Page 15 Meridian City Council Meeting Agenda August 21, 2018 – Page 187 of 902 Thence South 30°44'15" East, normal to the aforementioned call, 10.00 feet; Thence South 59°15'45" West, normal to the aforementioned call, 184.00 feet; Thence South 30°44'15" East, normal to the aforementioned call, 48. 74 feet; Thence North 59°15'45" East, normal to the aforementioned call, 18.00 feet; Thence South 30°44'15" East, no rmal to the aforementioned call, 10.00 feet; Thence South 59°15'45" West, normal to the aforementioned call, 18.00 feet; Thence South 30°44'15" East, normal to the aforementioned ca ll, 2.31 feet; Thence South 55°34'59" East, 108.36 feet; Thence North 34°25'01" East, norma l to the aforementioned call, 11.00 feet; Thence North 55°34'59" West, normal to the aforementioned call, 6.00 feet; Thence North 34°25'01" East, normal to the aforementioned call, 10.00 feet; Thence South 55°34'59" East, normal to the aforementioned call, 6.00 feet; Thence North 34°25'01" East, normal to the aforementioned call, 26 .37 feet; Thence North 41°51'53" East, 100.94 feet; Thence South 89°13'33' East, 24 .67 feet; Thence South 0°46'40" West, 10.00 feet; Thence North 89°13'33" West, 20.12 feet; Thence South 41°51'53"West, 95 .74 feet; Thence South 34°25'01" West, 16.32 feet; Thence South 55°34'59" East, normal to the aforementioned call, 44.00 feet; Thence South 34°25'01" West, normal to the aforementioned call, 10.00 feet; Thence North 55°34'59" West, normal to the aforementioned call, 44.00 feet; Thence South 34°25'01" West, normal to the aforementioned call, 20.40 feet; P:\2015\15054 -TWELVE OAKS 2\0rawings\Descriptions\15054-WATER AND SEWER EASEMENT-8-3-2018.docx P a g e 16 Meridian City Council Meeting Agenda August 21, 2018 – Page 188 of 902 Thence South 55°34'59 " East, normal to the aforementioned call, 56.63 feet; Thence South 29°17'28" East, 60.11 feet; Thence South 14°51'17" East, 63.37 feet; Thence South 75°07'43" West, normal to the aforementioned call, 10.00 feet; Thence North 14°51'17" West, normal to the aforementioned call, 62.10 feet; Thence North 29°17'28" West, 7.51 feet; Thence South 60°42'32" West, normal to the aforementioned call, 28.00 feet; Thence North 29°17'28" West, norma l to the aforementioned call, 10.00 feet; Thence North 60°42'32" East, normal to the aforementioned call, 28 .00 feet; Thence North 29°17'28" West, normal to t he aforementioned call, 39.00 feet; Thence North 55°34'59" West, 54.30 feet; Thence South 34°25'01" West, norma l to the aforementioned call, 20 .00 feet; Thence North 55°34'59" West, normal to the aforementioned call, 124.97 feet; Thence North 30°44'15 " West, 72.51 feet; Thence South 59°15'45" West, normal to the aforementioned call, 20.52 feet; Thence South 44°15'07" West, 92 .65 feet; Thence South 0°44'53" East, 6.23 feet; Thence North 89°15'07" East, normal to the aforementioned call, 6.00 feet; Thence South 0°44'53" East, normal to the aforementioned call, 10.00 feet; Thence South 89°15'07" West, normal to the aforementioned call, 6.00 feet; Thence South 0°44'53" East, norma l to the aforementioned call, 6.69 feet; Thence South 45°44'53" East, 42 .00 feet; Thence North 44°15'07" East, normal to the aforementioned call, 30.00 feet; Thence South 45°44'53" East, normal to the aforementioned call, 10.00 feet; P:\2015\ 15054-TWELVE OAKS 2\Drawings\Descriptions\ 15054-WATER AND SEWER EASEMENT-8-3-2018.docx Page 17 Meridian City Council Meeting Agenda August 21, 2018 – Page 189 of 902 Thence South 44°15'07" West, norma l to the aforementioned call, 30.00 feet; Thence South 45°44'53" Ea st, norma l to the aforementioned call, 3.66 feet; Thence South 0°34'18" West, 76.86 feet; Thence South 89°25'42" East, normal to the aforementioned call, 49.00 feet; Thence South 0°34'18" West, normal to the aforementioned call, 10.00 feet; Thence North 89°25'42" West, normal to the aforementioned call, 49.00 feet; Thence South 0°34'18" West, normal to the aforementioned call, 63.30 feet; Thence South 14°52'17" East, 41.52 feet; Thence South 75°07'43" West, normal to the aforementioned call, 20.00 feet to the POINT OF BEGINNING. The above described parcel comprising 0.64 feet. Carl Porter PLS Date End Descri ptio n P :\2015\ 15054-TW El VE OAKS 2\Drawings\Descriptions\ 15054-WATER AND SEWER EASEM ENT-8-3-2018.docx P age I B Meridian City Council Meeting Agenda August 21, 2018 – Page 190 of 902 •Z NTS I INE BEARING DISTANCE L 1 S 89"25 42" E 87.52 L2 N 22"14 39" E 49.57 L3 S 67"45 21"" E 10.00 L4 S 22"14 39" W 42.01 LS N 75'07 43" E 14.24 L6 S 14'52 17" E 30.00 L7 S 75'07 43" W 7 .78' LB S 73'1254" E 28.24 L9 s 15·47 05·· w 10.00 L10 N 73'1254" W 44.45 L 11 S 75·07 43" W 15 .09 L12 S 14'52 17" E 10.00 L13 S 75'07 43" W 10.00 L 14 N 14'52 17" W 10.00 L 15 S 75'07 43" W 48.00 L16 S 14'52 17" E 10.00 L17 S 75·07 43" W 10.00 L18 N 14·52 1 T W 10.00 L 19 S 75·07 43"" W 60.00 L20 S 14'52 17" E 10.00 L21 S 75'07 43" W 10.00 L22 N 14'52 1 T W 10.00 L23 S 75'07 43" W 9.30 L24 N 14·52 1 T W 20.00 L25 S 75'07 43" W 38.70 L26 S 14 '52 1 7" E 30.00 L27 S 75'07 43" W 10.00 L28 N 14'52 1 T W 30.00 L29 S 75·07 43" W 48.00 L30 S 14·52 17" E 30.00 L31 s 75'07 43" w 10.00 L32 N 14'52 17" W 30.00 L33 S 75'07'43" W 48.00 L34 S 14·52 1 T E 30.00 L35 S 75·07• 43' W 10.00 L36 N 14'52'17" W 30 .00 L37 s 75·07 43" w 48.00 L38 S 14'52 17" E 30.00 L39 S 75·07 43" W 10.00 L40 N 14'52 1 T W 30.00 L41 S 75'07 43" W 39.00 L42 S 14'52 17' E 20 .07 L4.3 S 30'07 43" W 17.80 L44 N 59·52 1 T W 10.00 L45 N 30'07 43" E 13 .66 L46 N 14·52 17" W 15.93 L47 S 75'07 43" W 73.08 L48 S 14'52 17" E 17.61 L49 N 89'2 5 42" W 82.62 LSO N 00"3 4 18" E 30.00 PROJ ECT: TWELVE OAKS SUBDIVISION WATER AND SEWER EASEMENT +--------11 114 S . LINDER ROAD I I I I OWNER/DEVELOPER: JIM JEWETT • 2030 S. WASHINGTON AVE. EMMETT, ID 83617 P: (208} 398-8104 511Wioor!1 F : (208) 398-8105 !-=:-,,.,,,,,,,.~~~~~~~ DATE: 816118 land :5uM:yifk1, L-L-C www.SAWTOOTHLS .COM DWG# 15054-EX PROJECT# 15054 SH EET 1OF1 Meridian City Council Meeting Agenda August 21, 2018 – Page 191 of 902 PROJECT: TWELVE OAKS SUBDIVISION WATER AND SEWER EASEMENT OWNERJDEVELOPER: JIM JEWETT •Z A 2030 S. WASHINGTON AVE. EMMETI, ID 83617 P: (208) 398-8104 !};)lfWTOOT 11 F: (208) 398-8105 1-=--=o,--~~~~~~-t DATE: a1s11a land !3uNcyinq, llCwww.SAWTOOTHLS.COM DWG# 15054-EX PROJECT# 15054 SHEET 1 OF2 Meridian City Council Meeting Agenda August 21, 2018 – Page 192 of 902 LINE Rf:-ARING DISTANCF LIN~ BEAR ING 111 ~TANCI:. L1 N 14·52 17" W 44.23 L51 S 55·34 59 " E 6.00 L2 N 00'34 18" E 2.66 L52 N 34"2501" E 26 .37 L3 N 89"25 42" W 32.00 L53 N 41"51 53" E 100.94 L4 N 00'34 18 .. E 10.00 L54 s 89'13 33 E 24.67 LS S 89'25 42" E 32.00' L55 s 00"46'40" w 10.00 L6 N 00"34 18" E 91.96 L56 N 89'13 33" W 20.12 L7 N 89"25 42" W 32.00 L57 s 41"51 53" w 95.74 L8 N 00"34 18" E 10.00 L58 s 3 4"25 01" w 16.32 L9 S 89"25 42·· E 32.00 L59 S 55·34 59" E 44.00 L10 N 00"34 18" E 29.70 L60 s 34·25 01·· w 10.00 L11 N 45·44 53" W 55.39 L61 N 55·34 59 " W 44 .00 L12 N 00'44 53 " W 39.48 L62 S 3 4"2501 "W 20.40 L1 3 E 44· 15 07" E 60.44 L63 S 55·34 59" E 56.63 L1 4 N 45·44 53" W 30.00 L64 S 29" 17 28" E 60.1 1 L15 N 44'15 07" E 10.00 L65 S 14"51 1T E 63.37 L16 S 45·44 53" E 30.00 L66 s 75"07'43" w 10.00 L17 N 44· 15 07" E 33.13 L67 N 14· 51 17" W 62.10' L18 N 59·15 45" E 23.15 L68 N 29"17 28" W 7.51 L19 N 30·44 15" W 69.88 L69 s so· 42 32" w 28.00 L20 N 59"15 45' E 14.11 L70 N 29·17 25·· W 10.00 L21 N 00·45 43" E 22.75 L71 N 60"42 32" E 28.00 L22 N 89' 1 3 1 7" W 28.00 L72 N 29"1728" W 39.00 L23 N 00"46 43" E 10.00 L73 N 55·34 59" W 54.30 L24 S 89'13 17" E 28.00 L74 N 34'2501" E 20.00 L25 N 00'46 43 ' E 14.78 L7 5 N 55·34 59" W 124.97 L26 N 89 "1 3 17" W 26.00' L76 N 30'44 15" W 72.51 L27 N 00'46 43" E 10 .00 L77 s 59'1 5 45" w 20.52 L28 S 89"13 1 T E 26.00 L78 s 44·15 07" w 92.65 L29 N oo· 46 43'" E 23.98 L79 S 00"44 53" E 6.23 l30 S 89"13 1T E 20.00 LBO N 89"15 07 E 6.00 L31 s 00'46 43" w 29.67 L81 S 00'44 5.:S" E 10.00' L32 S 89"13 1 T E 10.00 L82 s 59· 15 07" w 6.00 L33 s 00"46 43" w 10.00 L83 S 00"44 53" E 6.69 L34 N 89"13 17" W 10.00 L84 S 45"44 53" E 42.00 L35 s oo· 46 43'" w 44.06 LBS N 44·15 07 E 30.00 L36 S .:so·44 15" E 60.37 L86 S 45·44•53" E 10.00 L37 N 59 ·1 5 4 5" E 122.00 L87 s 44·15 07" w 30.00 l38 S 30'44 15 " E 12.00 L8 8 s 45·44 537 .:S.66 L39 N 59 '1 5 45" E 62.00 L89 s 00"34 18" w 76.86 L40 S 30'44 15·· E 10.00 L90 S 89' 25 42" E 49.00 L4 1 S 59'15 45" E 184.00 L91 s 00·34 18" w 10.00 L42 S 30"44 15" E 48.74 L92 N 89"25 42" W 49.00 L43 N 59"1545" E 18.00 L93 s 00"34 18" w 63.30 L44 S 30"44 15" E 10.00 L94 S 14"52 17" E 41 .52 L45 s 59·15 45 w 18.00 L95 s 75'07 43" w 20.00 L46 S 30"44 15" E 2.31 ~O~p..\.. LAND ~ L47 S 55·34 59" E 108.36 L48 N 34·25 01" E 11 .00 ro<> ''l~.,~ L49 N 55·34 59" W 6.00 L50 N 3'1 "25 0 1 .. E 10.00 Ji_i (7~ « 0 ~ a: I 21 O o. ~ $ 7/;~o ::o ~~oFf)~ 0"1fi1.. Pot\~'(;.~ PROJECT : OWNER/DEVELOPER : .. 2030 S. WASHINGTON AVE. OWG# TWELVE OAKS SUBDIVISION JIM JEWETT EMMETT, ID 83617 15054-EX WATER AND SEWER P: (208) 398-8104 PROJECT# EASEMENT ?Awroor ti F= c208) 398-s1os 15054 SHEET DAT E: 816118 lood .?uNcyi~ L LC www.SAWTOOTHLS.COM 20F2 Meridian City Council Meeting Agenda August 21, 2018 – Page 193 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6E Project File Number: Item Title: Purchase Agreement with Signs Etc. Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps with Signs Etc. Meeting Notes U✓ APPROVEOL) I TEM SHEET C ouncil Agenda I tem - 5.E . Presenter: Hillary Blackstone Estimated Time f or P resentation: 0 Title of I tem - Purchase Agreement for F abrication and Installation of Vinyl T raffic Box Wraps with S igns Etc. Every three years MAC gets a new formal q uote for traffic box vinyl wrap and ins tallation s ervices. S igns Etc ., a Merid ian C o mp any, returned the lowes t rec ent q uote for thes e services. MAC ap p ro ved, on July 12, to extend an agreement to S igns Etc . fo r one year, that c ould be renewed for up to two additional years if MAC is satis fied with the s ervic es provid ed . MA C has three wraps that have als o been approved and forward ed to C ity C ounc il s o that this vendor can get go ing right away. Eac h wrap not-to-exceed $524.00 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate 8-14-18 P urchasing Agreement with S igns Etc.A greements / C ontracts 8/14/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Watts, K eith Approved 8/14/2018 - 4:06 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 194 of 902 PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS This PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS ("Agreement") is made this Z10rday of August, 2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Signs Etc., a general business corporation registered with the State of Idaho ("Vendor"). (City and Vendor may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of the Meridian community and to that end, the Meridian Arts Commission issued an Invitation for Quotation, seeking bids for traffic box vinyl wrap fabrication and installation; WHEREAS, Vendor submitted the quote attached hereto as Exhibit A ("Vendor's Quote"), and was the lowest responsive and responsible bidder; 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. Vendor shall design and fabricate and install at least five (5) vinyl traffic box wraps, in accordance with all provisions of Vendor's Quote, including, without limitation, the general specifications set forth on page 12 of Vendor's Quote. The quantity specified is based upon current known requirements and is subject to increase if mutually agreeable to both Parties. Any such increase will be governed by the terms and conditions of this Agreement and the Invitation for Quotation. Vendor's Quote shall be valid for up to three (3) years. Any expansion of the quantity specified or extension of the term of this Agreement shall be authorized by written addendum to this Agreement. II. COMPENSATION. A. Amount. Payment to Vendor under this Agreement shall be five hundred twenty-four dollars ($524.00) per vinyl traffic box wrap installed. This amount shall constitute full compensation for any and all services, materials,, and costs to be furnished by Vendor. B. Method of payment. Vendor shall provide City with an invoice for services and/or materials provided, pursuant to the pricing and delivery schedule set forth on page 9 of Vendor's Quote, which City shall pay within. thirty (30) days of receipt, City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Vendor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Vendor. PURCHASE AGRrEMENT FOR FABRICATION AND INSTALLATION OF VINYLTRAFFIC BOX WRAPS PAGE 7 of 7 PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS PAGE 2 of 7 III. TIME OF PERFORMANCE . A. Term of Agreement. The term of this Agreement shall begin on the Effective Date and except as otherwise specified herein or earlier terminated by either Party by the method established herein, shall expire on September 30, 2019. B. Proof prior to fabrication. Prior to fabrication, in order to ensure compliance with the general specifications and to obtain approval of formatting, Vendor shall provide a proof of artwork formatting to City’s Commissions & Committees Specialist. If the Commissions & Committees Specialist finds that the depicted artwork or any portion or component thereof do not conform to the specifications as described and depicted in Vendor’s Quote or to reasonable aesthetic considerations described by the Commissions & Committees Specialist, the Commissions & Committees Specialist shall, within two (2) working days of receipt of the proof from Vendor, provide Vendor written notice of the specific non-conformity and request that Vendor address the specified non-conformity or aesthetic consideration. Vendor shall have two (2) working days to correct the non-conformity and provide a corrected proof to the Commissions & Committees Specialist. If, upon review of the corrected proof, the Commissions & Committees Specialist concludes that the proof remains nonconforming, termination procedures may commence. City’s failure to disapprove the proof shall constitute presumptive approval of the Artwork as inspected. C. Contact ACHD prior to installation. At least fourteen (14) days prior to installation of each wrap, Vendor shall contact appropriate personnel at the Ada County Highway District ACHD”) to notify ACHD of the scheduled date(s) of installation and location(s) at which wrap(s) will be installed, and request that ACHD clean each signal box prior to installation. Vendor shall follow all instructions provided by ACHD regarding installation. IV. MAINTENANCE AND REPAIR . A. Warranty. Vendor shall warranty the vinyl wrap for one (1) year as specified in Vendor’s Quote. During such year, Vendor shall be fully responsible for all defects in materials and during such year shall replace any defective wraps in a timely fashion at no cost to City, except that during such year Vendor shall not be required to replace under this warranty a wrap that is damaged by ACHD, by vandalism, or by an act of God. This provision shall survive the termination or expiration of this Agreement. B. Determination of need for replacement. In the first year following installation, City shall make any and all determinations regarding whether the wrap requires replacement due to defect. Vendor may be asked to provide input regarding such matter, but the decision regarding the need for replacement shall be made by City. This provision shall survive the termination or expiration of this Agreement. V. GENERAL PROVISIONS . A. Ownership. Following installation, the vinyl wraps shall be owned by City. Meridian City Council Meeting Agenda August 21, 2018 – Page 196 of 902 PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS PAGE 3 of 7 B. Subcontracting or assignment of obligations. Vendor shall not subcontract or assign any of Vendor’s obligations under this Agreement. C. Time of the essence. The Parties acknowledge and agree 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 breach of, and a default under, this Agreement by the party so failing to perform. D. Indemnification . Throughout the term of this Agreement, and for one (1) year following installation, Vendor shall 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 Vendor or Vendor’s servants, agents, employees, guests, and/or business invitees, attributable to Vendor’s actions under this Agreement. This provision shall survive the termination or expiration of this Agreement. E. Waiver. Vendor waives 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 Vendor’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. F. Insurance to be obtained by Vendor. Vendor shall obtain and shall maintain, at Vendor’s own expense, from the Effective Date of this Agreement through City’s Final Acceptance of the Artwork, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Vendor and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non-owned, and hired vehicles, as applicable. 2. Workers’ compensation insurance. Vendor shall obtain and shall maintain, at Vendor’s own expense, from the Effective Date of this Agreement through City’s Final Acceptance of the Artwork, and throughout the course of this Agreement, workers’ compensation insurance, in an amount required by Oregon or Idaho law, whichever is higher, to cover any and all persons employed by Vendor. G. Proof of insurance. Vendor shall provide to City, within seven (7) days of the Effective Date of this Agreement, written proof that Vendor has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Vendor or Vendor’s insurance agent shall notify City immediately. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. Meridian City Council Meeting Agenda August 21, 2018 – Page 197 of 902 PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS PAGE 5 of 7 3. Vendor has the authority to hire subordinates. 4. Vendor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. B. Compliance with law. Throughout the course of this Agreement, Vendor shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . Throughout the course of this Agreement, Vendor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, or any physical, mental, or sensory handicap. 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, 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. Costs and attorneys’ fees . If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys’ fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. F. 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. G. 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. H. 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. I. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. J. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail or sending via e-mail, addressed as follows: Meridian City Council Meeting Agenda August 21, 2018 – Page 198 of 902 PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS PAGE 4 of 7 VI. TERMINATION . A. Termination. If City determines that Vendor has failed to comply with 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 giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Vendor for work actually completed by Vendor prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Vendor. In the event of termination for non-performance or default by Vendor, except that caused by the death or incapacity of Vendor, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City’s option, become City’s property. Notwithstanding this provision, Vendor shall not be relieved of any liability for damages sustained by City attributable to Vendor’s default or breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Vendor is determined. Vendor shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Vendor. This provision shall survive the termination of this Agreement and shall not relieve Vendor of liability to City for damages. B. Non-waiver of breach. 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. VII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Vendor is an independent contractor and neither Vendor nor any officer, employee, subcontractor, assignee, or agent of Vendor shall be deemed an employee, agent, joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Vendor and City or between Vendor and any official, agent, or employee of City. Both parties acknowledge that Vendor is not an employee of City. Vendor shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Vendor understands, acknowledges, and agrees: 1. Vendor is free from actual and potential control by City in the provision of services under this Agreement. 2. Vendor is engaged in an independently established trade, occupation, profession, or business. Meridian City Council Meeting Agenda August 21, 2018 – Page 199 of 902 Vendor: Signs Etc. Carter Little, President 910 E. Franklin Road, Suite 102 Meridian ID 83642 208-887-8696 carter@signseteidaho.com City Hillary Blackstone Commissions & Coninvttees Specialist 33 E. Broadway Ave. Meridian ID 83642 (208) 489-1399 hblackstone@meridiancit.y.org Either party may change its address for the purpose of this provision by giving written notice of such change in the manner herein provided. K. Exhibits. All exhibits to this Agreement, including the terms and conditions of Invitation for Quotation, are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. In the event of conflicting provisions, the provisions of this Agreement shall prevail. L. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. VENDOR: Carter Little, President Signs Etc. CITY OF MERIDIAN BY: Tammy Mayor = Coles, bfty Clerk City of IDAHO SEAL PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS PAGE 6 of 7 PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS PAGE 7 of 7 EXHIBIT A VENDOR QUOTE Meridian City Council Meeting Agenda August 21, 2018 – Page 201 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 202 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 203 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 204 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 205 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 206 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 207 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 208 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 209 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 210 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 211 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 212 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 213 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6F Project File Number: Item Title: Professional Services Agreements for Traffic Box Art Professional Services Agreements for Artwork for Traffic Box Community Art Project 1. Laura Yager 2. Jamie McGehee, for Callie McGehee 3. Emilee Brugger Meeting Notes rte✓ APPROIED I TEM SHEET C ouncil Agenda I tem - 5.F. Presenter: Hillary Blackstone Estimated Time f or P resentation: 0 Title of I tem - Professional S ervices Agreements for Artwork for T raffic B ox Community Art Project 1. Laura Yager 2. Jamie Mc G ehee, fo r C allie Mc G ehee 3. Emilee Brugger Traffic Bo x Lo catio ns 1. Lind er and F ranklin 2. Ten Mile and Mc Millan 3. Ten Mile and Us tic k C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P S A - Yager A greements / C ontracts 8/14/2018 P S A - McGehee A greements / C ontracts 8/14/2018 P S A - Brugger A greements / C ontracts 8/14/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.B aird, Ted Approved 8/15/2018 - 1:37 P M Clerk.Cunningham, R eta Approved 8/17/2018 - 10:34 A M Meridian City Council Meeting Agenda August 21, 2018 – Page 214 of 902 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 1 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT (“Agreement”) is made this ___ day of July, 2018 (“Effective Date”), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (“City”), and Laura Yager, an individual person (“Artist”). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission (“MAC”) issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project (“Project”), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on June 1, 2017, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled In Good Company, depicted in Exhibit C hereto (“Artwork”) submitted by Artist, and on June 20, 2017, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 17-2017; WHEREAS, Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork, print such image or portion(s) thereof on one or more vinyl wraps (“Vinyl Wrap”), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City’s sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist’s person, property, or interests. Insurance of original Artwork shall be in Artist’s sole discretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain 13 Meridian City Council Meeting Agenda August 21, 2018 – Page 215 of 902 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 2 the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom, which shall belong wholly to the City, and Artist shall not make any claim thereto. As to the derivative work: 1. Artist expressly waives any and all right, title, or interest in the images or products created using the derivative work. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. 2. Artist agrees to relinquish and waive any and all rights, title, and interest to the derivative work, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City’s sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City’s sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City’s publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Meridian City Council Meeting Agenda August 21, 2018 – Page 216 of 902 D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement 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. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Laur Yager Q 6 - CITY OF MERIDIAN: C Tammy dg.Weeyd, Mayor gipV ED AIIG�S T Attest: '� ', 01Y of E IDIAN.- IDAMD SEAL Coles, (`ity )[--lerk ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT PAGE 3 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 4 EXHIBIT A CALL FOR ARTISTS Meridian City Council Meeting Agenda August 21, 2018 – Page 218 of 902 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 5 Meridian City Council Meeting Agenda August 21, 2018 – Page 219 of 902 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 6 EXHIBIT B APPLICATION MATERIALS Meridian City Council Meeting Agenda August 21, 2018 – Page 220 of 902 Application & Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: E-mail address: Mailing address: Physical address: Applicant phone: Day: Cell: Image title(s): 1. 2. 3. I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: ____ A. All artwork submitted with this proposal for consideration for inclusion in the digital INITIAL repository is original work that I myself conceived and created in all respects. ____ B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, INITIAL I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. ____ C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will INITIAL be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. ____ D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the INITIAL digital repository, such submission is a public record, subject to the Idaho Public Records Act. ____ E. Artwork included in the digital repository may be removed from the repository, and/or the INITIAL repository may be deleted or discontinued, without notice to the artist. ____ F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously INITIAL ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions. Signature: ________________________________________ Date: ____________________________ Flower Kittens (Dog, cat & bird) (Two cats in garden) (sleeping cat & dog) paperpicturesbylaura@gmail.com (208) 912-5964 Dream Team (208) 912-5964 In Good Company 4/27/2017 Laura Yager 8340 W. Limelight St. #303 Boise, ID 83714 8340 W. Limelight St. #303 Boise, ID 83714 Meridian City Council Meeting Agenda August 21, 2018 – Page 221 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 222 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 223 of 902 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 10 EXHIBIT C IN G OOD C OMPANY Meridian City Council Meeting Agenda August 21, 2018 – Page 224 of 902 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this V!day of August, 2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Jamie McGehee ("Contractor"), an individual person and parent of Callie McGehee, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on June 1, 2017, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Northern Nights, depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 20, 2017, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 17-2017; WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork, print such image or portion(s) thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Contractor acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Contractor shall deliver to City, and allow City to temporarily take possession of, the original Artwork for the purpose of creating a digital image of the Artwork, printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's person, property, or interests. Insurance of original Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. C. Copyright. Contractor and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Contractor shall maintain any copyright in the original Artwork. City ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE I ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 2 shall maintain the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom, which shall belong wholly to the City, and Contractor shall not make any claim thereto. As to the derivative work: 1. Contractor and Artist expressly waive any and all right, title, or interest in the images or products created using the derivative work. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. 2. Contractor and Artist agree to relinquish and waive any and all rights, title, and interest to the derivative work, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded Contractors under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Contractor warrants and represents that Artist is the sole creator of the Artwork; and that Contractor, on behalf of Artist, is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City’s sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City’s sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Artist and/or to Contractor for any and all services, costs, and expenses related to services performed under this Agreement. Contractor shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City’s publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor and Artist are independent contractors and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating Meridian City Council Meeting Agenda August 21, 2018 – Page 226 of 902 or establishing the relationship of employer and employee between Contractor or Artist and City or between Contractor or Artist and any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement 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. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. CONTRACTOR: ARTIST: J ie McGehee r CITY jl�o.z T(Mew� Callie McGehee BY: v Attest: Tammy e erd, Mayor r'li� �r Coles, E IDIAN�.. _ � IDAHO x� SEAL ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT PAGE ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 4 EXHIBIT A CALL FOR ARTISTS Meridian City Council Meeting Agenda August 21, 2018 – Page 228 of 902 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 5 Meridian City Council Meeting Agenda August 21, 2018 – Page 229 of 902 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 6 EXHIBIT B APPLICATION MATERIALS Meridian City Council Meeting Agenda August 21, 2018 – Page 230 of 902 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 9 EXHIBIT C NORTHERN NIGHTS Meridian City Council Meeting Agenda August 21, 2018 – Page 231 of 902 PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this 2-16F day of August, 2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Emilee Bi agger, an individual person ("Artist"). WHEREAS, the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS, Mayor Tammy de Weerd selected a piece of art created by Artist entitled Bird's Eye Attention, depicted inExhibit -4 hereto ("Artwork"), which was displayed at the 2018 West Ada School District Student Art Show, to win the "Meridian Mayor's Choice Award Winner," the Mayor recommended to Meridian City Council that such Artwork become an installation as part of the Project, and on June 15, 2018, the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist wishes to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Patties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize thud parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. B. Copyright. Artist shall not make any claim to the copyright of the Artwork. Artist expressly waives any and all right, title, or interest in the images or products created using Artwork. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. C. Limited edition. Artist warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and is PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE 1 of 4 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 3 3 o f 9 0 2 F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. Compliance with law. Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. CITY OF MERIDIAN: BY: - ttest: Tammy eerd, Mayor Cleric PROFESSIONAL SERVICES AGREEMENT—TRAFFIC Box WRAP PAGE 3 of 4 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 3 5 o f 9 0 2 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6G Project File Number: Item Title: Pedestrian Pathway Agreement for Verado Subdivision No. 2 with NMID Agreement between Nampa Meridian Irrigation District and City of Meridian for Pedestrian Pathway at Verado Subdivision No. 2 Meeting Notes 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.G. Presenter: Estimated Time f or P resentation: Title of I tem - Agreement between Nampa M eridian Irrigation District and City of M eridian for Pedestrian Pathway at Verado S ubdivision No. 2 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate A greement Cover Memo 8/16/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/16/2018 - 3:50 P M L egal.B aird, Ted Approved 8/16/2018 - 5:31 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 236 of 902 ADA COUNTY RECORDER Christopher D Rich 2018-084085 BOISE IDAHO Pgs=12 VICTORIA BAILEY 09/0512018 12:34 PM NAMPA & MERIDIAN IRRIGATION NO FEE 1111111111111111111111111111111 IN 11111111111111 00538840201800840850120127 AGREEMENT AGREEMENT, made and entered into this L -'Nay of �LjbC y+ , 2018, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation distriLYorganized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the "City," W f TNES SETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution ofan agreement for each proposed crossing and encroachment; and, WHEREAS, the City is the owner of the real property easement / right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the FINCH LATERAL (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property ofthe City as shown on Exhibit B attached hereto and by this reference made a part hereof; and, AGREEMENT - Page 1 WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's easement for the Finch Lateral under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: I. The City may construct, operate, maintain and repair a I0 foot wide pathway within the District's real property and/or casement for the Finch Lateral on the north side ofthe Finch Lateral in Verado Subdivision No. 2, Iocated southeast of the intersection of Ustick Road and Locust Grove Road, Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION D TRICT By_ Its President ATTEST: Its Secretary AGREEMENT - Page 2 A to O10 THE CITY OF MERIDIANI E IDIAN SEAL �� By = STATE OF IDAHO ) ) ss: County of Canyon ) On this L day of �i&fflbff , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Clinton C. Pline and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. A ``�tllll!llll�� IN WITNESS WIAM, nto set my hand and affixed my official seal, the day and year in this certificate first 04-6 mitten. "'•,�'' �� �L f S •^ ap - r'O- STATE OF IDAHO } O 110 l ss: County of Ada JGJ=b ahla --- Notary Public for Idaho Residing at jv/7rnna-, Idaho My Commission Expires: On this 2 1 9 - day of�t l5� , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared7gmrn4de.ljeercJ and C.S. r-r)ye_-:-2..__, known to me to be the ki ct I. o _and CAA:jA G P_+rIL , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instrAlent and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public far , rResiding at (/?�Dlll(I-0AU, My Commission Expires. -3•a$ a0a2L 66{2222 2 ••4tiENE�I?'.y of . �:• 110 UAGREEMENT - Pagd 3 , ., 4 n () •6482.,., 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 4 0 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 4 1 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 4 2 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 4 3 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 4 4 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 4 5 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 4 6 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 4 7 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 4 8 o f 9 0 2 OiAouddv n saIoN Bu!Iaaw (9 OZ �LZtOS ` � �90Z �LZt OS `£09 �t7 LZ-�OS `£ZOOS �LZtOS `� �00� fLZ,�OS:s,'oN laoaad) 'AA- a6uay `'N17 diusumol `LZ uo!joaS jo t7/� 3N aUl u! `'pal GIN ual 'N pue 'PA19 uapu!uo 'M/9Z-OZ sn io aauaoo IsannulnoS auj le paIaool (t;,000-MZ-H)(al!S 0�-j '11 sIuauaIsaAul ue!p!aan-IjE)) sp!da�l ;sod ao} ;uauaaaa5y }uauadolanaa luawaaa6y juawdolanaa :all!1 Wall sp!deN Iso V000 -O WZ-H :aagwnN alU 130foad H9 :aagwnN wall epuOBV 8 HOZ- �Z-8 :a}sa f u!laaw apueBV Builaaw jelnBoN Builaaw 1i3uno:D Alio I TEM SHEET C ouncil Agenda I tem - 5.H. Presenter: S onya Allen Estimated Time f or P resentation: 2-3 minutes Title of I tem - D evelopment Agreement for L ost Rapids (G F I-M eridianInvestments II, L L C Site)(H-2018-0004) located at the S outhwest corner of US 20-26/W. Chinden Blvd. and N. Ten M ile Rd., in the NE 1/4 of S ection 27, Township 4 N., Range 1W. (P ar cel No.'s:S 0427110011, S0427110023, S 0427141803, S 0427120611, S 0427120916) D evelopment Agreement between the City of Meridian and G F I -Meridian I nvestments I I , L L C f or L ost Rapids H-2018-0004 (Parcel No.'s:S0427110011, S0427110023, S 0427141803, S0427120611, S 0427120916) C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Development A greement-G F I -Meridian I nvestments I I , L L C A greements / C ontracts 8/16/2018 E xhibit A-L ost Rapids E xhibit 8/16/2018 E xhibit B E xhibit 8/16/2018 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 8/16/2018 - 4:09 P M Community Development.A lbertson, Michelle Approved 8/16/2018 - 4:24 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 249 of 902 ADA COUNTY RECORDER Christopher D. Rich 2018-079970 BOISE IDAHO Pgs=92 BONNIE OBERBILLIG 08/23/2018 08:51 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GFI — Meridian Investments II, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2.. �sH day of L6V , 2018, by and between City of Meridian, a municipal corporation of the State o -t Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and GFI — Meridian Investments II, LLC, whose address is 74 East 500 South, Ste. 200, Bountiful, Utah 84010, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tracts of land in the County of Ada, State of Idaho, comprising approximately 19.98 acres of land, described in Exhibit "A" and depicted in Exhibit "B" (GFI —Meridian Investments H, LLC Site), which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WMEREAS, Owner/Developer has, submitted an application for annexation and zoning ofthe Property, known as the GFI—Meridian Investments 11, LLC Site, with an R-40 (High Density Residential)(6.496 acres) and C -G (General Retail and Service Cominercial)(13.484 acres) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOP&JENT AGRM4rNT—LOST RAPIDS (GF1—MERIDIAN INVESTMENTS 11, LLC SITE) (H-2018-0004) PAGE I OF 8 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 2 OF 8 1.6 WHEREAS, the record of the proceedings for the requested annexation and preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 24th day of April, 2018, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), for the annexation and zoning of the Property with a R-40 (High Density Residential) and C-G (General Retail and Service Commercial) zoning districts, which have been incorporated into this Agreement and attached as Exhibit “C”; and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to GFI - Meridian Investments II, LLC, whose address is 74 East 500 South, Ste. 200, Bountiful, UT 84010, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. Meridian City Council Meeting Agenda August 21, 2018 – Page 251 of 902 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 3 OF 8 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian, comprising approximately 19.98 acres of land, as described in Exhibit “A” (GFI – Meridian Investments II, LLC Site) describing the parcels to be annexed and zoned R-40 (High Density Residential) and C-G (General Retail and Service Commercial) zoning districts and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall be generally consistent with the conceptual development plan, preliminary plat, landscape plan and conceptual building elevations included in Exhibit A of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit “C” 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. 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- Meridian City Council Meeting Agenda August 21, 2018 – Page 252 of 902 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 4 OF 8 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. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party’s failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer’s default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending Meridian City Council Meeting Agenda August 21, 2018 – Page 253 of 902 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 5 OF 8 portion of Property and upon City’s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer’s inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. Meridian City Council Meeting Agenda August 21, 2018 – Page 254 of 902 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 6 OF 8 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: GFI - Meridian Investments II, LLC 74 East 500 South, Ste. 200 Bountiful, UT 84010 with copy to: Bruce J. Nelson, Esq. Nelson Christensen Hollingworth & Williams 5292 South College Drive, Suite 203 Murray, Utah 84123 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney’s fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives, including City’s corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. Meridian City Council Meeting Agenda August 21, 2018 – Page 255 of 902 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 7 OF 8 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing 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, B and C follow] Meridian City Council Meeting Agenda August 21, 2018 – Page 256 of 902 ACKNOWLEDGMENTS IN WITNES S WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: GFI - Meridian Investments II, LLC By:/ f�,ED AUGusT Its: 4— E,P-- v °w E IDo IDAHO CITY OF MERIDIAN ATTEST.% til of the TREP�J� i Mayor y de Weerd .Jay Coles, C•ty Clerk STATE OF VTA-M4_)Q� ) SS: County of� ) On this � t ay of __ 018, before me, the undersigned, a Notary Public in and for said State, personally appeared Trevor Gasser, own or identified to me to be the Manager of GFI - Meridian Investments 11, LLC, and acknowledged to me that he executed the same on behalf of said Corporation. •, IN W ITNF-8 ViQ4 „"{„•4Jiave hereunto set my hand and affixed my official seal the day and year in this certificate first a��ru !�M•••4 rN tii, .•� �• 'CSR Y '•. (SEAL) r•Notary Pi bli or-� a �,C, Residing at: 4••PUB• •• ss�`,••` My Commission Expires: �O -., AP •4.040•• STATE OF IDAI Te OF _...�•� County of Ada On this a 1 C4- day of ast— , 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know Y identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,,•444..4,, Gx V&�WU '�-C Wo /1 - (SEAI•4•�Li` W }••• Notary Public for Idaho * 5 j R ' , r • � . Residing at: �A � Commission expires,' -&2- 0a • �0 • OM4fENT AGREEMENT ; I®S: RAPIDS (GPI —MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 8 OF 8 • ` , • 44ATVI 0•.••. '•444..44•.. 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 5 8 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 5 9 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 6 0 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 6 1 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 6 2 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 2 6 3 o f 9 0 2 CITY OF MERIDIAN T;;' FINDINGS OF FACT, CONCLUSIONS OF LAW IDIawl 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 ofApril 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 - EXHIBIT B Meridian City Council Meeting Agenda August 21, 2018 – Page 264 of 902 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 " Meridian City Council Meeting Agenda August 21, 2018 – Page 265 of 902 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 - Meridian City Council Meeting Agenda August 21, 2018 – Page 266 of 902 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 Meridian City Council Meeting Agenda August 21, 2018 – Page 267 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 268 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 269 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 270 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 271 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 272 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 273 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 274 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 275 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 276 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 277 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 278 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 279 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 280 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 281 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 282 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 283 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 284 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 285 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 286 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 287 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 288 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 289 of 902 2 - A. Drawings/Other Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda April 24, 2018 – Page 371 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 290 of 902 3 - Exhibit A.2: Existing & Proposed Future Land Use Map (REVISED) Meridian City Council Meeting Agenda April 24, 2018 – Page 372 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 291 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 292 of 902 5 - Meridian City Council Meeting Agenda April 24, 2018 – Page 374 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 293 of 902 6 - Exhibit A.4: Preliminary Plat (dated: 1/12/18) Meridian City Council Meeting Agenda April 24, 2018 – Page 375 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 294 of 902 7 - Meridian City Council Meeting Agenda April 24, 2018 – Page 376 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 295 of 902 8 - Exhibit A.5: Landscape Plan (dated: 1/12/018) Meridian City Council Meeting Agenda April 24, 2018 – Page 377 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 296 of 902 9 - Meridian City Council Meeting Agenda April 24, 2018 – Page 378 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 297 of 902 10 - Meridian City Council Meeting Agenda April 24, 2018 – Page 379 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 298 of 902 11 - Meridian City Council Meeting Agenda April 24, 2018 – Page 380 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 299 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 300 of 902 13 - Exhibit A.7: Conceptual Building Elevations (Photos & Renderings) Meridian City Council Meeting Agenda April 24, 2018 – Page 382 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 301 of 902 14 - Single-Family Attached/Detached Units: Meridian City Council Meeting Agenda April 24, 2018 – Page 383 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 302 of 902 15 - Commercial: Meridian City Council Meeting Agenda April 24, 2018 – Page 384 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 303 of 902 16 - NOT APPROVED Meridian City Council Meeting Agenda April 24, 2018 – Page 385 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 304 of 902 17 - Meridian City Council Meeting Agenda April 24, 2018 – Page 386 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 305 of 902 18 - Exhibit A.8: Costco Site Lighting Meridian City Council Meeting Agenda April 24, 2018 – Page 387 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 306 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 307 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 308 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 309 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 310 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 311 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 312 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 313 of 902 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 41/2" 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 314 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 315 of 902 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 onthis 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 316 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 317 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 318 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 319 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 320 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 321 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 322 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 323 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 324 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 325 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 326 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 327 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 328 of 902 41 - Meridian City Council Meeting Agenda April 24, 2018 – Page 410 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 329 of 902 42 - Meridian City Council Meeting Agenda April 24, 2018 – Page 411 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 330 of 902 43 - Meridian City Council Meeting Agenda April 24, 2018 – Page 412 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 331 of 902 44 - Meridian City Council Meeting Agenda April 24, 2018 – Page 413 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 332 of 902 45 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda April 24, 2018 – Page 414 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 333 of 902 46 - Meridian City Council Meeting Agenda April 24, 2018 – Page 415 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 334 of 902 47 - Meridian City Council Meeting Agenda April 24, 2018 – Page 416 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 335 of 902 48 - Meridian City Council Meeting Agenda April 24, 2018 – Page 417 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 336 of 902 49 - Meridian City Council Meeting Agenda April 24, 2018 – Page 418 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 337 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 338 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 339 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 340 of 902 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 717Meridian City Council Meeting Agenda August 21, 2018 – Page 341 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 61 Project File Number: H-2018-0048 Compass Charter School Item Title: Development Agreement Development Agreement for Compass Charter School (H-2018-0048) with Bouma, USA, Sunshine Landscape, Inc., Gem State Home Buyers, LLC/A Star Properties, LLC and Rene A. Shoop located near the northeast corner of W. Franklin Road and N. Black Cat Road, in the SW 1/4 of Section 10, Township 3 North, Range 1 West Meeting Notes 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.I . Presenter: J osh Beach Estimated Time f or P resentation: 2-3 minutes Title of I tem - D evelopment Agreement for C ompass C harter School (H-2018-0048) with B ouma, US A, S unshine Landscape, Inc., Gem S tate Home Buyers, L L C /A Star Properties, L L C and Rene A. Shoop located near the northeast corner of W. F r anklin Road and N. B lack C at Road, in the S W ¼ of S ection 10, Township 3 North, Range 1 West D evelopment Agreement between the City of Meridian and Sunshine L andscape, I nc., Gem State Home B uyers, L L C/A S tar P roperties, L L C and Rene A. and C heryl Shoop f or Compass Charter School-H-2018-0048 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Development A greement-Compass Charter S chool Remainder Portion A greements / C ontracts 8/16/2018 E xhibit A-C ompass C harter S chool R emainder P ortion E xhibit 8/16/2018 E xhibit B -Compass Charter S chool E xhibit 8/16/2018 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 8/16/2018 - 4:46 P M Community Development.A lbertson, Michelle Approved 8/16/2018 - 4:49 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 342 of 902 ADA COUNTY RECORDER Christopher D. Rich 2018-079763 BOISE IDAHO Pgs=50 LISA BATT 08/22/2018 02'11 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1 Y City of Meridian 2. Bouma, USA, Developers 3. Sunshine Landscape, Inc.; Gem State Home Buyers, LLC/A Star Properties LLC; Rene A. and Cheryl Shoop; Owners THIS DEVELOPMEN AGREEMENT (this Agreement), is made and entered into this day of , 2018, by and between City of Meridian, a municipal corporation of the State f Idaho, heare, , r called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Sunshine Landscape, Inc., whose address is PO Box 724, Meridian, ID 83680; Gem State Home Buyers, LLC/.A: Stam Properties, LLC, whose address is PO Box 140191, Boise, ID 83714; and Rene A. and Cheryl Shoop, whose address is 382.2 W. Lake Hazel Road, Meridian, ID 83642, hereinafter called OWNERS and Bouma, USA whose address is 445 Pettis, Suite 201, Ada, Michigan 49301 hereinafter called DEVELOPER. 1, CITALS: 1.1 WHEREAS, Owners are 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 Cade § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development ofthe subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-58-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHER.A,S, Owners and/or Developer have submitted an application for the annexation and zoning of 17.036 acres of land, described in Exhibit "A", from the RUT to the ME (Mixed Employment) 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, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before DEVELOPMENT AGREEMENT —COPp�' M�a�Lti�� r ��1c��j$�t 21, 2018— Page 343 of 92AGE 1 OF 10 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 4 4 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 4 5 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 4 6 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 4 7 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 4 8 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 4 9 o f 9 0 2 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: Sunshine Landscape, Inc. By: J Its: 04R Rene A. Shoop DEVELOPER: Bouma, USA By: Its: CITY OF MERIDIAN By: Mayor TA6Vde Weerd Gem State Home Buyers, LLC/ A Star Properties LLC By: Its: Cheryl Shoop ATTEST: TEDAIjG4' ��ilV w �L AH; ay Coles, SEAL �i- DEVELOPMENT AGREEMENT -COMPASS CHARTER SCHOOL (H-2018-0048 PAGE 8 OP 10 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 5 1 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 5 2 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 5 3 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 5 4 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 5 5 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 5 6 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 5 7 o f 9 0 2 STATE OF Idaho ) ss: County of Ada ) On this /�- day of 5/, 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Rene A. ehoop sown or identified to me to be the person who signed above and acknowledged to nie that lie executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, (SEAL) �'',�P •• �•..•�M•�`•.� olary Public for Idaho ? ��,•� Residing ar.�ti, C My Commission Expires: e94 NOTARY PUBLIO � of qoe ••0009••• -R. STATE OF IDAHO ss County of Ada On this 2j s� day of RUC US-- , 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, knowY identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set illy hand and affixed illy official seal the day and year in this certificate first above written. ,,.9.9•.,,•• (SEAL) ••Fj w • '••_�7ATV O �� ('Mwmwa_�' - Notary Public for Idaho 'AA, _ de" Residing at: V�_v_ �<xc�� Commission expires: '�-a� a02�z DEVELOPMENT AGREEMENT—COMPASS CHARTER SCHOOL(H-2018-0048)PAGE 10017 10 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 5 9 o f 9 0 2 Meridian City Council Meeting Agenda August 21, 2018 – Page 360 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 361 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 362 of 902 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0048 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 21.93 Acres of Land with an M-E Zoning District; and a comprehensive plan map amendment (CPAM) to change the land use designation on approximately 25.05 acres of land from Medium-High Density Residential and Park to Mixed Employment., by Bouma, USA. Case No(s). H-2018-0048 For the City Council Hearing Date of: July 24, 2018 (Findings on August 7, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 24, 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. Meridian City Council Meeting Agenda August 7, 2018 – Page 410 of 572 EXHIBIT B Meridian City Council Meeting Agenda August 21, 2018 – Page 363 of 902 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0048 - 2 - 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 Comprehensive Plan Map Amendment is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 24, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 24, 2018 Meridian City Council Meeting Agenda August 7, 2018 – Page 411 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 364 of 902 By action of the City Council at its regular meeting held on the day of Nk XQLA 6k, 2018. COUNCIL PRESIDENT JOE BORTON VOTED 64' k COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED yep COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) i! 9_ Mayor Ta y Weerd QoRPTED AUGUST' Attest: C o AtERIDIAN*-- 01) of ay Coles U sIDAHO SEAL v Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0048 - 3 - Meridian City Council Meeting Agenda August 21, 2018 – Page 365 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 1 STAFF REPORT HEARING DATE: July 24, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Compass Charter School – CPAM, AZ (H-2018-0048) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Bouma USA, has applied for the following: 1) a comprehensive plan map amendment (CPAM) to change the land use designation on approximately 25.05 acres of land from Medium-High Density Residential and Park to Mixed Employment. 2) Annexation (AZ) of 21.93 acres from RUT (Ada County) to the ME (Mixed Employment) zoning district. See Section VII, VIII & IX for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM and AZ applications with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 21, 2018. At the public hearing, the Commission moved to recommend approval of the subject CPAM and AZ requests. a. Summary of Commission Public Hearing: i. In favor: Paul Berlein and Bill Hadlock (Applicant’s Representatives) ii. In opposition: Jane Byam, Cheryl Storrs, Steve Janoushek iii. Commenting: Jane Byam, Cheryl Storrs, Steve Janoushek, Kelly Trudeau iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Concerns about increase traffic congestion ii. Concerns that the application was improperly noticed iii Concerns that the irrigation water would continue to be provided to the down-stream users. c. Key Issues of Discussion by Commission: i. The Number of parking spaces ii. The number and location of trash enclosures d. Commission Change(s) to Staff Recommendation: i. The school shall only be allowed one access to the future collector road. e. Outstanding Issue(s) for City Council: i. None Meridian City Council Meeting Agenda August 7, 2018 – Page 413 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 366 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 2 The Meridian City Council heard these items on July 24, 2018. At the public hearing, the Commission moved to approve of the subject CPAM and AZ requests. a. Summary of Commission Public Hearing: i. In favor: Paul Berlein and Don Hendrickson (Applicant’s Representatives) ii. In opposition: Jane Byam iii. Commenting: Jane Byam, iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concerns about increase traffic congestion ii. Requesting that cars enter the sire from Franklin and busses from Black Cat c. Key Issues of Discussion by Council: i. The Number of parking spaces ii. Additional parking requested d. Council Change(s) to Staff Recommendation: i. A reduction to a 5 foot buffer on the west side of the property. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0048 as presented for the hearing date of July 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-2018-0048, as presented in the staff report for the hearing date of July 24, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0048 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located near the northeast corner of W. Franklin Road and N. Black Cat Road, in the SW ¼ of Section 10, Township 3 North, Range 1 West. B. Applicant/Representative: Bouma, USA 445 Pettis, Suite 201 Ada, Michigan 49301 Meridian City Council Meeting Agenda August 7, 2018 – Page 414 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 367 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 3 C. Owners: Sunshine Landscape Inc. Gem State Home Buyers, LLC/A Star properties LLC PO Box 724 PO Box 140191 Meridian, ID 83680 Boise, ID 83714 Rene A and Cheryl Shoop 3822 W. Lake Hazel Road Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject applications are for a comprehensive plan map amendment and annexation. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 1, 2018 (Commission); July 6, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: May 25, 2018 (Commission); June 29, 2018 (Council) D. Applicant posted notice on site by: June 8, 2018 (Commission); July 12, 2018 (Council) VI. LAND USE A. Existing Land Use(s): The property is currently undeveloped, zoned RUT with a portion of the property developed with a landscape business. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single family residence, zoned RUT (Ada County) 2. East: Commercial business, zoned RUT (Ada County) 3. South: Vacant property zoned RUT (Ada County); Single-family residential, zoned RUT Ada County); W. Franklin Road 4. West: Single family residential properties, zoned RUT and C2 (Both in Ada County); and S. Black Cat Road C. History of Previous Actions: None D. Utilities: 1. Location of sewer: The subject site is currently serviceable via mainline extensions from the existing mains in W. Franklin and N. Black Cat Roads. 2. Location of water: The subject site is currently serviceable via mainline extensions from the existing mains in W. Franklin and N. Black Cat Roads. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no major waterways that cross this site. 2. Hazards: The Williams pipeline bisect the property near the southern end of the subject property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. Meridian City Council Meeting Agenda August 7, 2018 – Page 415 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 368 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 4 VII. COMPREHENSIVE PLAN ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: Existing: This property is designated Medium-High Residential on the Comprehensive Plan Future Land Use Map (FLUM). Medium High Density Residential areas typically are relatively compact areas within a larger neighborhood and generally should be located around and near more intensively developed areas, such as Mixed Use Commercial or Employment areas, in order to provide convenient access to these commercial activity and employment centers for the greatest number of residents. Within relatively large Medium High Density areas, larger-scale, higher-density housing should be located closest to higher intensity uses, or commercial or activity center, with a transition to smaller-scale and lower density buildings as the distance from the higher intensity use or center increases. Proposed: The applicant proposes to change the FLUM designation from Medium-High Density to Mixed Employment. The purpose of the Mixed Employment areas is to encourage a diversity of compatible land uses that may include a mixture of office, research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments, primarily serving employees and users of the Mixed Employment areas or nearby industrial areas, are allowed. Such retail would be the exception and not the rule. Mixed Employment areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises. Mixed Employment areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. This would include multiple access points to help disperse traffic, and a complete system of streets, sidewalks and pedestrian and bicycle paths to provide circulation within the area and connections to the surrounding roadway, pedestrian and trail systems. Mixed Employment areas should be designed as lower density suburban-style developments. Design and development standards are recommended that would help to make developments more attractive, engaging and accessible places. While there are no fixed limits on size of establishment or development intensity in Mixed Employment areas, it is anticipated that buildings will range in height from 1 -4 stories, have total floor areas of 10,000-1,000,000 square feet, and that FAR will exceed .75. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. 3.01.01B, “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc.).” ACHD has been notified and involved with the application. There are no impacts to school or parks as the entire project area is non-residential. The application was forwarded on to partner agencies for comment. 2. 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 readily available. 3. 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.” The proposed site plan shows direct access to Franklin and Black Cat Roads. An east-west Meridian City Council Meeting Agenda August 7, 2018 – Page 416 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 369 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 5 collector road is proposed on the north side of the project. This will help to facilitate growth further to the east of this project. There is an existing landscape business east of this project site that will be annexed into the City as part of the project. The business will be allowed to keep their direct access to Franklin Road until such time as that property is further developed. 5. 3.02.01B, “Support the location of school sites within every square mile.” Though not a public school, the addition of a school in the square mile will help the West Ada School district to alleviate current concerns with overcrowded schools. 6. 3.02.01J, Ensure compatibility of schools with neighborhoods and adjacent land uses.” The design of the site including landscape buffers will help to ensure that the school is compatible to the existing residential and commercial uses adjacent to the school. 7. 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.” The site maintains existing curb cuts onto two arterial roadways. There are a number of smaller parcels that currently have direct access to Black Cat Road. The applicant has proposed three cross access points to the parcels along Black Cat Road so that in the future the direct access to Black Cat can be eliminated for those parcels. The applicant is also proposing a cross access to the west as well as stubbing a collector to the east property line. 8. 3.03.04K, “Consider ACHD's MSM (Master Street Map) in all land use decisions.” The MSM shows an east/west collector roadway to be constructed on the north boundary of the proposed school property. The applicant is proposing to construct their portion of the collector roadway which will equate to ½ of the collector plus 12 feet of additional asphalt to accommodate the other lane of traffic. The property owner to the north of the school will construct their portion of the collector upon development of their parcel. 9. 3.06.01F, “Protect existing residential properties from incompatible land use development on adjacent parcels.” Adjacent residential properties to the west will be separated by a 25 foot landscape buffer as required by UDC 11-2B-3, or shall apply for alternative compliance. A reduced buffer between non-residential and residential uses can be reduced by City Council during the public hearing process. The applicant is requesting to install a 6 foot tall buffer along this boundary and has received support from the adjacent neighbors. The applicant is requesting a comprehensive plan map amendment for these properties and It is anticipated that these properties once annexed will also be zoned M-E and will be nonresidential in nature, thus not requiring a landscape buffer. 10. 3.06.01H, “Support land uses that do not harm natural systems and resources.” There are no known natural resources in the project area that should be protected. 11. 3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets.” The proposed site plan maintains the same number of existing curb cuts as exist, while creating an opportunity for a reduction from other parcels in the future. 12. 3.07.02N, “Ensure development provides safe routes and access to schools, parks and other community gathering places” There is a newly constructed sidewalk along W. Franklin road that will facilitate pedestrian travel both to the east and to the west. There is not currently a sidewalk in place along Black Cat Meridian City Council Meeting Agenda August 7, 2018 – Page 417 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 370 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 6 that would facilitate pedestrian travel to the north or to the south from the proposed collector roadway. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. 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. a. 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. The proposed CPAM and AZ will change the residential nature of the property to more of a commercial use. That being said, a school is a use that can in most cases be very compatible with a residential neighborhood. In this case, there are some existing residential properties that surround the property. To ensure that both proposed and future commercial developments are compatible with the adjacent properties, these development will be subject to the City’s design review standards in the UDC and the Architectural Design Manual. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. The proposal is to annex this property into the City and to connect to City services. c. 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. The proposed CPAM removes a portion of Medium High Density designated property from the comprehensive plan. The development proposal does not incorporate a housing element. 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. The subject properties are located adjacent to a large undeveloped area within the City’s Low Density Employment Comprehensive Plan designation as well as two major mobility corridors. The amount of visibility and the level of public investment in infrastructure and services like roads make it a prime candidate for redevelopment. Specifically the established transportation networks in the area and the visibility that this parcel will have make this parcel a good option for a school site. e. Public Services, Facilities, and Utilities Meridian City Council Meeting Agenda August 7, 2018 – Page 418 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 371 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 7 The proposal is to annex this property into the City. Once annexed, the property will be required to connect to City services. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. The subject application does not include a housing element and rather than impacting the school system in terms of additional schools needed, this development should help to increase capacity to the public school system. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The property is located in an area that has an established roadway network to adequately serve the proposed development. The Ten Mile Interchange Specific Area Plan has specific requirements for a collector road for this property and to comply with that requirement , the applicant will be constructing a portion of a collector roadway as well as several cross access easements in order to provide future transportation connectivity in the area. g. 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. h. Special Areas 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. i. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. The Williams Pipeline bisects the property and the applicant is required to comply with their development handbook. j. Recreation Recreation resources within Meridian include 18 developed City parks totaling approximately 240 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. A portion of the site is designated as “Park,” however the Parks Department doesn’t have any plans or interest in developing a park on the property. Aside from any recreation areas proposed specifically for student use, this site is not formally designated for recreational purposes. k. 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 request for land use changes. The area west of the Black Cat will be designated as Low Density Employment and with this application and the proposal to amend the Comprehensive Plan to Mixed Employment; this area specifically located adjacent to N. Black Cat will be designated as Mixed Employment, which is a commercial designation that will allow for a mixture of commercial and industrial zoning designations. Meridian City Council Meeting Agenda August 7, 2018 – Page 419 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 372 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 8 m. 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 and 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. n. 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 believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. The current property owner has consented to the application submittal. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): Mixed Employment District (M-E) - The purpose of the M-E district is to provide for the office, medical center, research and development and light industrial needs of the community in accordance with the Meridian Comprehensive Plan. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the M-E zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the M-E zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table11-2B-3 for the M-E zoning district. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. E. Off-Street Parking: Off-street parking is required in accord with UDC Table UDC 11-3C-6B for the proposed industrial lots. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM) AND ANNEXATION (AZ): The applicant proposes to amend the future land use map (FLUM) contained in the Comprehensive Plan to change the land use designation on approximately 25.05 acres of land from Medium-High Density Residential and Park to Mixed Employment and to annex 21.93 acres of land into the City from RUT to the M-E (Mixed Employment) zoning designation. Meridian City Council Meeting Agenda August 7, 2018 – Page 420 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 373 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 9 The Comprehensive Plan Map Amendment is desired so the applicant can develop the parcel with a private school and annex in property that is operating with a landscape business approved through the County. To ensure the site develops in conjunction with the submitted concept plan and elevations and the existing landscape business meets the standards of the City, staff recommends the applicant enter into two separate development agreements; one for the Compass Charter School property and one for the landscape business. The recommended DA provisions are located in Exhibit B of the staff report. Concept Plan: With this application, the applicant has submitted a concept plan for the Compass charter school including parking, cross access to adjacent properties, bus access and included a concept plan for Sunshine Landscape Inc. that includes a secured storage yard and the associated parking area. The City has received several concept plans for the property. Staff feels that it is important to discuss the differences between the two and to describe which elements of each need to be included in the overall design of the site. Concept Plan #1: This site plan shows the entire area to be included in the comprehensive plan map amendment, so it is impossible to include this site plan in the development agreement. This site plan shows how the whole area could develop in the future as well as indicates how the school plans to expand in the future. Concept Plan #2: This site plan provides the first phase of development for the school as well as shows the landscape business site. The landscape business is showing several improvements to their site including paving the parking area and fully screening the outdoor storage to the north of their building. The future use of the site must comply with the specific use standards for the specific use. The school and the landscape business each have separate standards that shall be met. They are as follows: School: UDC 11-4-3-14, UDC 11-3A-14 and UDC 11-4-3-33 for Outdoor Storage Facilities. Landscape Business: 11-4-3-45 for Dispatch Center for Mobile Services The Commission should be aware that a school is a principally permitted use within the M-E zoning district, so any expansion of the school will only require a Certificate of Zoning Compliance and Design Review application to move forward. On the other hand, a dispatch center for mobile services use is considered a condition use within the M-E zoning district, so any expansion of this use will require a Conditional Use Permit. Property Boundary Adjustment: The landscape business located on parcels S1210336321 and S1210336377 is selling the north portion of their property to Compass Charter School and will be required to apply for a property boundary adjustment prior to submitting a certificate of zoning compliance application for the school. Separately, because the landscape business will be located on a separate property from the school once the property boundary adjustment is finalized; staff is recommending that the school and landscape business be placed into separate development agreements. The applicant shall provide staff with separate legal descriptions for the school and landscape business in order to facilitate the two separate development agreements. Building Elevations: Conceptual building elevations were submitted for the proposed building as shown in Exhibit A.5. Design features include a large amount of glass, what appear to be EIFS panels, metal and Hardiboard. Staff does not have concerns with using these specific materials but wants to express that the applicant needs to meet the standards set forth in the City’s Architectural Meridian City Council Meeting Agenda August 7, 2018 – Page 421 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 374 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 10 Standards Manual. The extensive use of metal on several of the elevations may not meet the standards as previously mentioned. Access: The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. This property has frontage on Franklin Road and Black Cat Road. There is one existing access point to the site from both E. Franklin Road and N. Black Cat Road, both classified arterial roadways. Since the only access to this property is from these two roads and the applicant is requesting to construct a portion of a collector roadway as part of their development that will eliminate direct access to their parcel from Black Cat Road. Per ACHD, the applicant will only be allowed to have a right-in/right-out access to Franklin Road. Additionally, staff has concern about the buses only being able to access Franklin Road with a right- in/right-out access. The applicant shall reconfigure The applicant is also proposing several cross-access easements as part of the project. The cross accesses as proposed appear to meet the requirements of the UDC to facilitate internal circulation in the future. The locationas of the cross access easements generally located where The number and location of the cross access easements will be further defined with the certificate of zoning compliance application. Landscaping: A 25-foot wide street buffer is required to be provided along the residential properties west of the school as set forth in UDC Table 11-2B-3. A 25-foot landscape buffer is required along W. Franklin Road and N. Black Cat Road, both arterial roadways, as set forth in UDC 11-2B-3. Landscaping within the street buffer should be provided in accord with the standards listed in UDC 11-3B-7C. A 20 foot landscape buffer is also required along the proposed collector roadway per the previously named standards. Any interior parking lot landscaping will be required with development of the property. Fencing: No fencing is depicted on the landscape plan for this site. Any new fencing should comply with the standards listed in UDC 11-3A-7. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A 7-foot wide attached sidewalk exists along W. Franklin Road. The applicant will be required to install detached sidewalk along N. Black Cat Road as well as along the future collector roadway. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application prior to construction to ensure all construction and site improvements comply with the conditions in this report and the provisions of the UDC, per 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 layout and design of all structures on the site is required to be consistent with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. Meridian City Council Meeting Agenda August 7, 2018 – Page 422 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 375 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 11 X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Existing & Proposed Future Land Use Map 3. Legal Description & Exhibit Map of Annexation Area 4. Proposed Concept Plans 5. Proposed Building Elevations B. Agency Comments C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 7, 2018 – Page 423 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 376 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 12 Exhibit A.1: Vicinity Map Meridian City Council Meeting Agenda August 7, 2018 – Page 424 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 377 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 13 Exhibit A.2: Existing & Proposed Future Land Use Map Meridian City Council Meeting Agenda August 7, 2018 – Page 425 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 378 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 14 Exhibit A.3: Legal Description & Exhibit Map of Annexation Area Meridian City Council Meeting Agenda August 7, 2018 – Page 426 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 379 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 15 Meridian City Council Meeting Agenda August 7, 2018 – Page 427 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 380 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 16 Meridian City Council Meeting Agenda August 7, 2018 – Page 428 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 381 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 17 Exhibit A.4: Proposed Concept Plan Concept Plan #1 Meridian City Council Meeting Agenda August 7, 2018 – Page 429 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 382 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 18 Concept Plan #2 Meridian City Council Meeting Agenda August 7, 2018 – Page 430 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 383 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 19 Exhibit A.5: Proposed Building Elevations Meridian City Council Meeting Agenda August 7, 2018 – Page 431 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 384 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 20 B. Agency Comments 1. PLANNING DIVISION 1.1.1 DA FOR THE COMPASS CHARTER SCHOOL: A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of rezone ordinance adoption. A certificate of zoning compliance application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney’s Office to initiate this process. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk’s office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the design standards listed in UDC 11-3A-19; the guidelines contained in the Architectural Standards Manual, the site plan and building elevations in Exhibit A. b. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. c. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for a building permit. d. The applicant shall comply with the Education Institution standards set forth in UDC 11-3A- 14. e. Prior to submitting an application for a Certificate of Zoning Compliance, the applicant shall finalize a property boundary adjustment in order to consolidate the parcels into one parcel. f. All development within the 75-foot wide Williams pipeline easement shall adhere to the most current standards contained in the Williams Gas Pipeline Developers’ Handbook. g. Access to the future collector roadway shall be approved as shown on the concept plan in Exhibit A.4. All future access point to the collector roadway shall be governed by UDC 11-3A-3. 1.1.2 DA for the Landscape business located on parcels S1210336321 and S1210336377: A Development Agreement (DA) is required as a provision of the 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) and the developer at the time of rezone ordinance adoption. A certificate of zoning compliance application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney’s Office to initiate this process. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk’s office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the design standards listed in UDC 11-3A-19; the guidelines contained in the Architectural Standards Manual, the site plan and building elevations in Exhibit A. b. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. c. Certificate of Zoning Compliance and Administrative Design Review applications are required Meridian City Council Meeting Agenda August 7, 2018 – Page 432 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 385 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 21 to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for a building permit. d. The applicant shall comply with the accessory outdoor storage standards set forth in UDC 11- 3A-14. e. The current parcel is granted the single access point to W. Franklin Road and the parcel will lose direct access to W. Franklin upon further development of the parcel or when cross access to the parcel is provided from an adjacent parcel, whichever occurs first. f. The applicant shall comply with the Dispatch for Mobile Services standards set forth in UDC 11-4-3-45. g. The applicant shall provide a separate legal description for the landscape business in order to facilitate a separate development agreement. h. Once annexed and prior to applying for a certificate of zoning compliance for the school; the applicant shall apply for a property boundary adjustment to incorporate the north portion of parcel S1210336321 into the school property. i. The landscape business located on parcels S1210336321 and S1210336377 shall provide a cross-access both to the east and to the west in order to provide access to surrounding properties once they redevelop. 1.1.3 The school shall provide a 5 foot landscape buffer along its west ptoperty boundary in stead of the otherwise required 25 foot buffer. 1.1.4 The applicant shall provide all of the cross-access agreements as shown on the concept plan as shown in exhibit A.4. 1.1.5 The landscape business located on parcels S1210336017 and S1210336351 is required to bring their parcel into the standards of the UDC. The applicant shall provide the following items on their site: a. Any storage areas shall meet the requirements of UDC 11-4-3-33. b. The storage area shall be comprised of asphalt, crushed asphalt or gravel. Dirt is not an approved material for storage areas. c. The storage area shall be completely screened from view and the fence/wall used to screen the area shall meet the requirements of UDC 3A-7. d. The landscape buffer along W. Franklin shall meet the requirements of UDC 11-3B-7 and 11-2B-3. e. The site shall provide a cross access to both the east and to the west. f. The cross access to the east shall align with the cross access from the Compass Charter School property. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 There currently exists an Agreement for Extension of Domestic Water and Sewer Service Outside of Meridian City Limits, that affects a portion of the subject site, recorded in Ada County Records as Instrument #114045763. Meridian City Council Meeting Agenda August 7, 2018 – Page 433 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 386 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 22 2.1.2 Coordinate with the Meridian Public Works Department and Fire Department to ensure hydrants provide adequate flow for building. As proposed, there appears to be at least 1500 gpm at 20 psi residual pressure. 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 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 The applicant shall provide easement(s) for any 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. 2.2.2 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. 2.2.3 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.4 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.5 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. 2.2.6 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. 2.2.7 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards for any new public sewer and/or water infrastructure. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.8 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. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. Meridian City Council Meeting Agenda August 7, 2018 – Page 434 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 387 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 23 5. REPUBLIC SERVICES 5.1 No comments were received from Republic Services on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITION OF APPROVAL 7.1.1 The Compass Charter School shall be responsible for all costs associated with the design, hardware, and construction of any pedestrian facilities needed to accommodate future pedestrian needs of the school. This includes flashing beacons, crosswalk striping and signage, and HAWK signals or RRFBs. 7.1.2 Replace any broken or deteriorated curb, gutter, or sidewalk on Franklin Road abutting the site. 7.1.3 Dedicate right-of-way to total 48-feet from the center line of Black Cat Road abutting the site, as proposed. 7.1.4 Construct a 5-foot wide detached concrete sidewalk on Black Cat Road located a minimum of 41 - feet from the centerline of Black Cat Road abutting the site. 7.1.5 Widen the pavement on Black Cat Road to a minimum width of 17-feet from centerline plus a 3- foot wide gravel shoulder adjacent to the entire site. 7.1.6 Construct the new east/west collector onto Black Cat Road located at the site’s north property line, as proposed. 7.1.7 Construct the 3 lane section of the collector as ½ of a 46-foot collector street section with 23-feet of pavement, plus 12 additional feet of pavement (to total 35-feet of pavement) with vertical curb, gutter, and a 7-foot wide attached concrete sidewalk on the south side of the roadway, with a 3- foot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the north side of the roadway. The right-of-way should extend from the 2-feet behind the back of the sidewalk and encompass the borrow ditch. 7.1.8 As the collector roadway continues east and transitions to a 2 lane roadway, construct it as ½ of a 36-foot wide collector roadway with 18-feet of pavement, plus 12 additional feet of pavement (to total 30-feet of pavement) with vertical curb, gutter, and a 7-foot wide attached concrete sidewalk on the south side of the roadway, with a 3-foot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the north side of the roadway. The right-of-way should extend from the 2-feet behind the back of the sidewalk to encompass the borrow ditch. 7.1.9 Construct the collector roadway as a complete 36-foot street section with vertical curb, and gutter on both sides of the roadway, with a 7-foot wide attached sidewalk on the south side of the road where the applicant controls both sides of the roadway. 7.1.10 Construct 1 stub street to the east, the new east/west collector1,100-feet north of Franklin Road. Extend the right-of-way for the stub street to the east property line. Install a sign at the terminus of the stub street stating that, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 7.1.11 Construct an offset temporary turnaround at the terminus of the stub street, as proposed. The temporary turnaround shall be paved and constructed to meet the same dimensional requirements of a standard cul-de-sac. Meridian City Council Meeting Agenda August 7, 2018 – Page 435 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 388 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 24 7.1.12 Grant a temporary turnaround easement to the District for those portions of the temporary cul-de- sac which extend beyond the dedicated street right-of-way. In the instance where a temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified as a non-buildable lot until the street is extended. 7.1.13 Close the existing driveway onto Franklin Road with vertical curb, gutter, and sidewalk to match the improvements on either side. 7.1.14 Construct one right-in/right-out only driveway onto Franklin Road located approximately 480- feet east of Black Cat, as proposed. Construct the driveway as a curb return driveway with a 30- foot radii and to a maximum width of 36-feet. 7.1.15 Extend the existing median on Franklin Road 75-feet east beyond the driveway to restrict the driveway to right-in/right-out only. Install a RIGHT OUT ONLY sign on site at the driveway exit onto Franklin Road. 7.1.16 Construct four driveways onto the east/west collector roadway, located as proposed: Driveway 1 located 185-feet east of Black Cat Road. Driveway 2 located 265-feet east of Black Cat Road. Sign this driveway as “ENTER ONLY”. Driveway 3 located 370-feet east of Black Cat Road. Sign this driveway as “EXIT ONLY”. Driveway 4 located 650-feet east of Black Cat Road. 7.1.17 All 4 of the driveways should be constructed as curb return type driveways and to a maximum width of 36-feet. 7.1.18 Other than access specifically approved with this application, direct lot access to Franklin Road and Black Cat Road is prohibited. 7.1.19 Payment of impact fees is due prior to issuance of a building permit. 7.1.20 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 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. Meridian City Council Meeting Agenda August 7, 2018 – Page 436 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 389 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 25 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Meridian City Council Meeting Agenda August 7, 2018 – Page 437 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 390 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 26 C. 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. Council finds that the proposed changes to the Future Land Use Map are consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. Council finds that the proposal to modify the Future Land Use Map to allow for the school use uses on this site will be compatible with existing and future residential, commercial and industrial uses. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. 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. 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. Council finds the proposed amendment will be compatible with the surrounding existing residential and future commercial and industrial uses. f. The proposed amendment will not burden existing and planned service capabilities. Council finds that the proposed amendment would 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. Council finds the proposed private school development of this property is consistent with the proposed map amendment, 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 and VIII and the subject findings above, Council finds that the proposed amendment is in the best interest of the City if the applicant enters into a development agreement with the City. 2. ANNEXATION FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Meridian City Council Meeting Agenda August 7, 2018 – Page 438 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 391 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 21 Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 21.93 acre property with an M-E zoning district to develop a charter school. Commission finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the M-E zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Council finds annexing this property with an M-E zoning district is in the best interest of the City if the applicant revises the plat per Commission’s recommendation and enters into a development agreement. Meridian City Council Meeting Agenda August 7, 2018 – Page 439 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 392 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6J Project File Number: Compass Charter School H-2018-0048 Item Title: Development Agreement (Sunshine Landscape, Inc.) Development Agreement for Compass Charter School (H-2018-0048) with Bouma, USA, Sunshine Landscape, Inc., Gem State Home Buyers, LLC/A Star Properties, LLC and Rene A. Shoop located near the northeast corner of W. Franklin Road and N. Black Cat Road, in the SW '/4 of Section 10, Township 3 North, Range 1 West Meeting Notes I TEM SHEET C ouncil Agenda I tem - 5.J . Presenter: J osh Beach Estimated Time f or P resentation: 2-3 minutes Title of I tem - D evelopment Agreement for C ompass C harter School (H-2018-0048) with Sunshine L andscape, Inc. P ortion located near the northeast corner of W. F ranklin Road and N. B lack C at Road, in the S W ¼ of Section 10, Township 3 Nor th, Range 1 West. D evelopment Agreement between the City of Meridian and Sunshine L andscape, I nc. f or Compass C harter School (H-2018-0048) C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Development A greement-Sunshine L andscape, I nc. P ortion A greements / C ontracts 8/16/2018 E xhibit A-Sunshine L andscape, I nc. P ortion E xhibit 8/16/2018 E xhibit B -Compass Charter S chool E xhibit 8/16/2018 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 8/16/2018 - 4:48 P M Community Development.A lbertson, Michelle Approved 8/16/2018 - 4:52 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 393 of 902 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Sunshine Landscape, Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of , 2018, by and between City of Meridian, a municipal corporation of the State Idaho, hereafter called CI'T'Y whose address is 33 E. Broadway Avenue; Meridian, Idaho 83642 and Sunshine ]Landscape, Inc., whose address is PO Box 724, Meridian, ID 83680 hereinafter called OWNER/DEVELOPER, 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A. provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property, and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), "which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation and zoning of 2.726 acres of land, described in Exhibit "A", from the RUT to the ME (Mixed Employment) 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/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning; of the Property held before the Planning & Zoning Commission, and DEVELOPMENT AGREEMENT —COMPASS CHARTER SCI -TOOL -SUNSHINE LANDSCAPE, INC, POR"TION (H-2018-0048) Meridian City Council Meeting Agenda August 21, 2018— Page 394 of 902 PAGE t OF 8 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 9 5 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 9 6 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 9 7 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 9 8 o f 9 0 2 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 u g u s t 2 1 , 2 0 1 8 – P a g e 3 9 9 o f 9 0 2 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 ofthe 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: Sunshine Landscape Inc. By: Its: CITY OF MERIDIAN -0 Mayor T, lnW4 de Weerd ATTEST: '~ �' ��1ryUp y Coles, C E jQQ4 HN. SEAL TRE DFVFLOPMF,NTAOREEMFNT-COMPASS CHAR'I'ER SCHOOL SUNSHINE LANDSCAPE, INC. PORTION (H-2018-0048) PAGE 7 OF 8 STATE OF Idaho ) ss: County of Ada ) On thisiay�18,he undersigned, a Notary Public in and for said State, pens nally appearedknown or identified to me to be the of Sunshme Landscape Inc., and acknowledged to me that lie executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ``1.0;4 B. �^�.4 4 t OF 'pP���� STATE OF IDAHO ) ss County of Ada ) Y�11 �l ���Q aTirJ Notary Public f r Idaho Residing at: wjl, My Commission xpires: v, On this day of E^',u Mk — , 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know 4 -identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) % % y titer trrro 1'4TE� .. rkol xb� )�- Notary Public for I aho ^Q Residing at: _ , Ju&Aiu Q�Lp Commission expires: J' •&E -66 a 2 -- DEVELOPMENT AGRHHMENT-COMPASS CI TARTER SCHOOL: SUNSHINE LANDSCAPE, INC. PORTION (H-2018-0048) PAGE 8or, 8 Meridian City Council Meeting Agenda August 21, 2018 – Page 402 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 403 of 902 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0048 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 21.93 Acres of Land with an M-E Zoning District; and a comprehensive plan map amendment (CPAM) to change the land use designation on approximately 25.05 acres of land from Medium-High Density Residential and Park to Mixed Employment., by Bouma, USA. Case No(s). H-2018-0048 For the City Council Hearing Date of: July 24, 2018 (Findings on August 7, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 24, 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. Meridian City Council Meeting Agenda August 7, 2018 – Page 410 of 572 EXHIBIT B Meridian City Council Meeting Agenda August 21, 2018 – Page 404 of 902 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0048 - 2 - 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 Comprehensive Plan Map Amendment is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 24, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 24, 2018 Meridian City Council Meeting Agenda August 7, 2018 – Page 411 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 405 of 902 By action of the City Council at its regular meeting held on the day of Nk XQLA 6k, 2018. COUNCIL PRESIDENT JOE BORTON VOTED 64' k COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED yep COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) i! 9_ Mayor Ta y Weerd QoRPTED AUGUST' Attest: C o AtERIDIAN*-- 01) of ay Coles U sIDAHO SEAL v Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0048 - 3 - Meridian City Council Meeting Agenda August 21, 2018 – Page 406 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 1 STAFF REPORT HEARING DATE: July 24, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Compass Charter School – CPAM, AZ (H-2018-0048) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Bouma USA, has applied for the following: 1) a comprehensive plan map amendment (CPAM) to change the land use designation on approximately 25.05 acres of land from Medium-High Density Residential and Park to Mixed Employment. 2) Annexation (AZ) of 21.93 acres from RUT (Ada County) to the ME (Mixed Employment) zoning district. See Section VII, VIII & IX for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM and AZ applications with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 21, 2018. At the public hearing, the Commission moved to recommend approval of the subject CPAM and AZ requests. a. Summary of Commission Public Hearing: i. In favor: Paul Berlein and Bill Hadlock (Applicant’s Representatives) ii. In opposition: Jane Byam, Cheryl Storrs, Steve Janoushek iii. Commenting: Jane Byam, Cheryl Storrs, Steve Janoushek, Kelly Trudeau iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Concerns about increase traffic congestion ii. Concerns that the application was improperly noticed iii Concerns that the irrigation water would continue to be provided to the down-stream users. c. Key Issues of Discussion by Commission: i. The Number of parking spaces ii. The number and location of trash enclosures d. Commission Change(s) to Staff Recommendation: i. The school shall only be allowed one access to the future collector road. e. Outstanding Issue(s) for City Council: i. None Meridian City Council Meeting Agenda August 7, 2018 – Page 413 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 407 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 2 The Meridian City Council heard these items on July 24, 2018. At the public hearing, the Commission moved to approve of the subject CPAM and AZ requests. a. Summary of Commission Public Hearing: i. In favor: Paul Berlein and Don Hendrickson (Applicant’s Representatives) ii. In opposition: Jane Byam iii. Commenting: Jane Byam, iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concerns about increase traffic congestion ii. Requesting that cars enter the sire from Franklin and busses from Black Cat c. Key Issues of Discussion by Council: i. The Number of parking spaces ii. Additional parking requested d. Council Change(s) to Staff Recommendation: i. A reduction to a 5 foot buffer on the west side of the property. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0048 as presented for the hearing date of July 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-2018-0048, as presented in the staff report for the hearing date of July 24, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0048 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located near the northeast corner of W. Franklin Road and N. Black Cat Road, in the SW ¼ of Section 10, Township 3 North, Range 1 West. B. Applicant/Representative: Bouma, USA 445 Pettis, Suite 201 Ada, Michigan 49301 Meridian City Council Meeting Agenda August 7, 2018 – Page 414 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 408 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 3 C. Owners: Sunshine Landscape Inc. Gem State Home Buyers, LLC/A Star properties LLC PO Box 724 PO Box 140191 Meridian, ID 83680 Boise, ID 83714 Rene A and Cheryl Shoop 3822 W. Lake Hazel Road Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject applications are for a comprehensive plan map amendment and annexation. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 1, 2018 (Commission); July 6, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: May 25, 2018 (Commission); June 29, 2018 (Council) D. Applicant posted notice on site by: June 8, 2018 (Commission); July 12, 2018 (Council) VI. LAND USE A. Existing Land Use(s): The property is currently undeveloped, zoned RUT with a portion of the property developed with a landscape business. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single family residence, zoned RUT (Ada County) 2. East: Commercial business, zoned RUT (Ada County) 3. South: Vacant property zoned RUT (Ada County); Single-family residential, zoned RUT Ada County); W. Franklin Road 4. West: Single family residential properties, zoned RUT and C2 (Both in Ada County); and S. Black Cat Road C. History of Previous Actions: None D. Utilities: 1. Location of sewer: The subject site is currently serviceable via mainline extensions from the existing mains in W. Franklin and N. Black Cat Roads. 2. Location of water: The subject site is currently serviceable via mainline extensions from the existing mains in W. Franklin and N. Black Cat Roads. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no major waterways that cross this site. 2. Hazards: The Williams pipeline bisect the property near the southern end of the subject property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. Meridian City Council Meeting Agenda August 7, 2018 – Page 415 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 409 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 4 VII. COMPREHENSIVE PLAN ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: Existing: This property is designated Medium-High Residential on the Comprehensive Plan Future Land Use Map (FLUM). Medium High Density Residential areas typically are relatively compact areas within a larger neighborhood and generally should be located around and near more intensively developed areas, such as Mixed Use Commercial or Employment areas, in order to provide convenient access to these commercial activity and employment centers for the greatest number of residents. Within relatively large Medium High Density areas, larger-scale, higher-density housing should be located closest to higher intensity uses, or commercial or activity center, with a transition to smaller-scale and lower density buildings as the distance from the higher intensity use or center increases. Proposed: The applicant proposes to change the FLUM designation from Medium-High Density to Mixed Employment. The purpose of the Mixed Employment areas is to encourage a diversity of compatible land uses that may include a mixture of office, research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments, primarily serving employees and users of the Mixed Employment areas or nearby industrial areas, are allowed. Such retail would be the exception and not the rule. Mixed Employment areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises. Mixed Employment areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. This would include multiple access points to help disperse traffic, and a complete system of streets, sidewalks and pedestrian and bicycle paths to provide circulation within the area and connections to the surrounding roadway, pedestrian and trail systems. Mixed Employment areas should be designed as lower density suburban-style developments. Design and development standards are recommended that would help to make developments more attractive, engaging and accessible places. While there are no fixed limits on size of establishment or development intensity in Mixed Employment areas, it is anticipated that buildings will range in height from 1 -4 stories, have total floor areas of 10,000-1,000,000 square feet, and that FAR will exceed .75. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. 3.01.01B, “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc.).” ACHD has been notified and involved with the application. There are no impacts to school or parks as the entire project area is non-residential. The application was forwarded on to partner agencies for comment. 2. 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 readily available. 3. 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.” The proposed site plan shows direct access to Franklin and Black Cat Roads. An east-west Meridian City Council Meeting Agenda August 7, 2018 – Page 416 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 410 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 5 collector road is proposed on the north side of the project. This will help to facilitate growth further to the east of this project. There is an existing landscape business east of this project site that will be annexed into the City as part of the project. The business will be allowed to keep their direct access to Franklin Road until such time as that property is further developed. 5. 3.02.01B, “Support the location of school sites within every square mile.” Though not a public school, the addition of a school in the square mile will help the West Ada School district to alleviate current concerns with overcrowded schools. 6. 3.02.01J, Ensure compatibility of schools with neighborhoods and adjacent land uses.” The design of the site including landscape buffers will help to ensure that the school is compatible to the existing residential and commercial uses adjacent to the school. 7. 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.” The site maintains existing curb cuts onto two arterial roadways. There are a number of smaller parcels that currently have direct access to Black Cat Road. The applicant has proposed three cross access points to the parcels along Black Cat Road so that in the future the direct access to Black Cat can be eliminated for those parcels. The applicant is also proposing a cross access to the west as well as stubbing a collector to the east property line. 8. 3.03.04K, “Consider ACHD's MSM (Master Street Map) in all land use decisions.” The MSM shows an east/west collector roadway to be constructed on the north boundary of the proposed school property. The applicant is proposing to construct their portion of the collector roadway which will equate to ½ of the collector plus 12 feet of additional asphalt to accommodate the other lane of traffic. The property owner to the north of the school will construct their portion of the collector upon development of their parcel. 9. 3.06.01F, “Protect existing residential properties from incompatible land use development on adjacent parcels.” Adjacent residential properties to the west will be separated by a 25 foot landscape buffer as required by UDC 11-2B-3, or shall apply for alternative compliance. A reduced buffer between non-residential and residential uses can be reduced by City Council during the public hearing process. The applicant is requesting to install a 6 foot tall buffer along this boundary and has received support from the adjacent neighbors. The applicant is requesting a comprehensive plan map amendment for these properties and It is anticipated that these properties once annexed will also be zoned M-E and will be nonresidential in nature, thus not requiring a landscape buffer. 10. 3.06.01H, “Support land uses that do not harm natural systems and resources.” There are no known natural resources in the project area that should be protected. 11. 3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets.” The proposed site plan maintains the same number of existing curb cuts as exist, while creating an opportunity for a reduction from other parcels in the future. 12. 3.07.02N, “Ensure development provides safe routes and access to schools, parks and other community gathering places” There is a newly constructed sidewalk along W. Franklin road that will facilitate pedestrian travel both to the east and to the west. There is not currently a sidewalk in place along Black Cat Meridian City Council Meeting Agenda August 7, 2018 – Page 417 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 411 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 6 that would facilitate pedestrian travel to the north or to the south from the proposed collector roadway. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. 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. a. 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. The proposed CPAM and AZ will change the residential nature of the property to more of a commercial use. That being said, a school is a use that can in most cases be very compatible with a residential neighborhood. In this case, there are some existing residential properties that surround the property. To ensure that both proposed and future commercial developments are compatible with the adjacent properties, these development will be subject to the City’s design review standards in the UDC and the Architectural Design Manual. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. The proposal is to annex this property into the City and to connect to City services. c. 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. The proposed CPAM removes a portion of Medium High Density designated property from the comprehensive plan. The development proposal does not incorporate a housing element. 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. The subject properties are located adjacent to a large undeveloped area within the City’s Low Density Employment Comprehensive Plan designation as well as two major mobility corridors. The amount of visibility and the level of public investment in infrastructure and services like roads make it a prime candidate for redevelopment. Specifically the established transportation networks in the area and the visibility that this parcel will have make this parcel a good option for a school site. e. Public Services, Facilities, and Utilities Meridian City Council Meeting Agenda August 7, 2018 – Page 418 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 412 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 7 The proposal is to annex this property into the City. Once annexed, the property will be required to connect to City services. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. The subject application does not include a housing element and rather than impacting the school system in terms of additional schools needed, this development should help to increase capacity to the public school system. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The property is located in an area that has an established roadway network to adequately serve the proposed development. The Ten Mile Interchange Specific Area Plan has specific requirements for a collector road for this property and to comply with that requirement , the applicant will be constructing a portion of a collector roadway as well as several cross access easements in order to provide future transportation connectivity in the area. g. 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. h. Special Areas 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. i. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. The Williams Pipeline bisects the property and the applicant is required to comply with their development handbook. j. Recreation Recreation resources within Meridian include 18 developed City parks totaling approximately 240 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. A portion of the site is designated as “Park,” however the Parks Department doesn’t have any plans or interest in developing a park on the property. Aside from any recreation areas proposed specifically for student use, this site is not formally designated for recreational purposes. k. 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 request for land use changes. The area west of the Black Cat will be designated as Low Density Employment and with this application and the proposal to amend the Comprehensive Plan to Mixed Employment; this area specifically located adjacent to N. Black Cat will be designated as Mixed Employment, which is a commercial designation that will allow for a mixture of commercial and industrial zoning designations. Meridian City Council Meeting Agenda August 7, 2018 – Page 419 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 413 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 8 m. 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 and 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. n. 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 believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. The current property owner has consented to the application submittal. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): Mixed Employment District (M-E) - The purpose of the M-E district is to provide for the office, medical center, research and development and light industrial needs of the community in accordance with the Meridian Comprehensive Plan. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the M-E zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the M-E zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table11-2B-3 for the M-E zoning district. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. E. Off-Street Parking: Off-street parking is required in accord with UDC Table UDC 11-3C-6B for the proposed industrial lots. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM) AND ANNEXATION (AZ): The applicant proposes to amend the future land use map (FLUM) contained in the Comprehensive Plan to change the land use designation on approximately 25.05 acres of land from Medium-High Density Residential and Park to Mixed Employment and to annex 21.93 acres of land into the City from RUT to the M-E (Mixed Employment) zoning designation. Meridian City Council Meeting Agenda August 7, 2018 – Page 420 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 414 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 9 The Comprehensive Plan Map Amendment is desired so the applicant can develop the parcel with a private school and annex in property that is operating with a landscape business approved through the County. To ensure the site develops in conjunction with the submitted concept plan and elevations and the existing landscape business meets the standards of the City, staff recommends the applicant enter into two separate development agreements; one for the Compass Charter School property and one for the landscape business. The recommended DA provisions are located in Exhibit B of the staff report. Concept Plan: With this application, the applicant has submitted a concept plan for the Compass charter school including parking, cross access to adjacent properties, bus access and included a concept plan for Sunshine Landscape Inc. that includes a secured storage yard and the associated parking area. The City has received several concept plans for the property. Staff feels that it is important to discuss the differences between the two and to describe which elements of each need to be included in the overall design of the site. Concept Plan #1: This site plan shows the entire area to be included in the comprehensive plan map amendment, so it is impossible to include this site plan in the development agreement. This site plan shows how the whole area could develop in the future as well as indicates how the school plans to expand in the future. Concept Plan #2: This site plan provides the first phase of development for the school as well as shows the landscape business site. The landscape business is showing several improvements to their site including paving the parking area and fully screening the outdoor storage to the north of their building. The future use of the site must comply with the specific use standards for the specific use. The school and the landscape business each have separate standards that shall be met. They are as follows: School: UDC 11-4-3-14, UDC 11-3A-14 and UDC 11-4-3-33 for Outdoor Storage Facilities. Landscape Business: 11-4-3-45 for Dispatch Center for Mobile Services The Commission should be aware that a school is a principally permitted use within the M-E zoning district, so any expansion of the school will only require a Certificate of Zoning Compliance and Design Review application to move forward. On the other hand, a dispatch center for mobile services use is considered a condition use within the M-E zoning district, so any expansion of this use will require a Conditional Use Permit. Property Boundary Adjustment: The landscape business located on parcels S1210336321 and S1210336377 is selling the north portion of their property to Compass Charter School and will be required to apply for a property boundary adjustment prior to submitting a certificate of zoning compliance application for the school. Separately, because the landscape business will be located on a separate property from the school once the property boundary adjustment is finalized; staff is recommending that the school and landscape business be placed into separate development agreements. The applicant shall provide staff with separate legal descriptions for the school and landscape business in order to facilitate the two separate development agreements. Building Elevations: Conceptual building elevations were submitted for the proposed building as shown in Exhibit A.5. Design features include a large amount of glass, what appear to be EIFS panels, metal and Hardiboard. Staff does not have concerns with using these specific materials but wants to express that the applicant needs to meet the standards set forth in the City’s Architectural Meridian City Council Meeting Agenda August 7, 2018 – Page 421 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 415 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 10 Standards Manual. The extensive use of metal on several of the elevations may not meet the standards as previously mentioned. Access: The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. This property has frontage on Franklin Road and Black Cat Road. There is one existing access point to the site from both E. Franklin Road and N. Black Cat Road, both classified arterial roadways. Since the only access to this property is from these two roads and the applicant is requesting to construct a portion of a collector roadway as part of their development that will eliminate direct access to their parcel from Black Cat Road. Per ACHD, the applicant will only be allowed to have a right-in/right-out access to Franklin Road. Additionally, staff has concern about the buses only being able to access Franklin Road with a right- in/right-out access. The applicant shall reconfigure The applicant is also proposing several cross-access easements as part of the project. The cross accesses as proposed appear to meet the requirements of the UDC to facilitate internal circulation in the future. The locationas of the cross access easements generally located where The number and location of the cross access easements will be further defined with the certificate of zoning compliance application. Landscaping: A 25-foot wide street buffer is required to be provided along the residential properties west of the school as set forth in UDC Table 11-2B-3. A 25-foot landscape buffer is required along W. Franklin Road and N. Black Cat Road, both arterial roadways, as set forth in UDC 11-2B-3. Landscaping within the street buffer should be provided in accord with the standards listed in UDC 11-3B-7C. A 20 foot landscape buffer is also required along the proposed collector roadway per the previously named standards. Any interior parking lot landscaping will be required with development of the property. Fencing: No fencing is depicted on the landscape plan for this site. Any new fencing should comply with the standards listed in UDC 11-3A-7. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A 7-foot wide attached sidewalk exists along W. Franklin Road. The applicant will be required to install detached sidewalk along N. Black Cat Road as well as along the future collector roadway. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application prior to construction to ensure all construction and site improvements comply with the conditions in this report and the provisions of the UDC, per 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 layout and design of all structures on the site is required to be consistent with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. Meridian City Council Meeting Agenda August 7, 2018 – Page 422 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 416 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 11 X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Existing & Proposed Future Land Use Map 3. Legal Description & Exhibit Map of Annexation Area 4. Proposed Concept Plans 5. Proposed Building Elevations B. Agency Comments C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 7, 2018 – Page 423 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 417 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 12 Exhibit A.1: Vicinity Map Meridian City Council Meeting Agenda August 7, 2018 – Page 424 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 418 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 13 Exhibit A.2: Existing & Proposed Future Land Use Map Meridian City Council Meeting Agenda August 7, 2018 – Page 425 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 419 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 14 Exhibit A.3: Legal Description & Exhibit Map of Annexation Area Meridian City Council Meeting Agenda August 7, 2018 – Page 426 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 420 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 15 Meridian City Council Meeting Agenda August 7, 2018 – Page 427 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 421 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 16 Meridian City Council Meeting Agenda August 7, 2018 – Page 428 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 422 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 17 Exhibit A.4: Proposed Concept Plan Concept Plan #1 Meridian City Council Meeting Agenda August 7, 2018 – Page 429 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 423 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 18 Concept Plan #2 Meridian City Council Meeting Agenda August 7, 2018 – Page 430 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 424 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 19 Exhibit A.5: Proposed Building Elevations Meridian City Council Meeting Agenda August 7, 2018 – Page 431 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 425 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 20 B. Agency Comments 1. PLANNING DIVISION 1.1.1 DA FOR THE COMPASS CHARTER SCHOOL: A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of rezone ordinance adoption. A certificate of zoning compliance application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney’s Office to initiate this process. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk’s office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the design standards listed in UDC 11-3A-19; the guidelines contained in the Architectural Standards Manual, the site plan and building elevations in Exhibit A. b. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. c. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for a building permit. d. The applicant shall comply with the Education Institution standards set forth in UDC 11-3A- 14. e. Prior to submitting an application for a Certificate of Zoning Compliance, the applicant shall finalize a property boundary adjustment in order to consolidate the parcels into one parcel. f. All development within the 75-foot wide Williams pipeline easement shall adhere to the most current standards contained in the Williams Gas Pipeline Developers’ Handbook. g. Access to the future collector roadway shall be approved as shown on the concept plan in Exhibit A.4. All future access point to the collector roadway shall be governed by UDC 11-3A-3. 1.1.2 DA for the Landscape business located on parcels S1210336321 and S1210336377: A Development Agreement (DA) is required as a provision of the 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) and the developer at the time of rezone ordinance adoption. A certificate of zoning compliance application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney’s Office to initiate this process. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk’s office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the design standards listed in UDC 11-3A-19; the guidelines contained in the Architectural Standards Manual, the site plan and building elevations in Exhibit A. b. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. c. Certificate of Zoning Compliance and Administrative Design Review applications are required Meridian City Council Meeting Agenda August 7, 2018 – Page 432 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 426 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 21 to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for a building permit. d. The applicant shall comply with the accessory outdoor storage standards set forth in UDC 11- 3A-14. e. The current parcel is granted the single access point to W. Franklin Road and the parcel will lose direct access to W. Franklin upon further development of the parcel or when cross access to the parcel is provided from an adjacent parcel, whichever occurs first. f. The applicant shall comply with the Dispatch for Mobile Services standards set forth in UDC 11-4-3-45. g. The applicant shall provide a separate legal description for the landscape business in order to facilitate a separate development agreement. h. Once annexed and prior to applying for a certificate of zoning compliance for the school; the applicant shall apply for a property boundary adjustment to incorporate the north portion of parcel S1210336321 into the school property. i. The landscape business located on parcels S1210336321 and S1210336377 shall provide a cross-access both to the east and to the west in order to provide access to surrounding properties once they redevelop. 1.1.3 The school shall provide a 5 foot landscape buffer along its west ptoperty boundary in stead of the otherwise required 25 foot buffer. 1.1.4 The applicant shall provide all of the cross-access agreements as shown on the concept plan as shown in exhibit A.4. 1.1.5 The landscape business located on parcels S1210336017 and S1210336351 is required to bring their parcel into the standards of the UDC. The applicant shall provide the following items on their site: a. Any storage areas shall meet the requirements of UDC 11-4-3-33. b. The storage area shall be comprised of asphalt, crushed asphalt or gravel. Dirt is not an approved material for storage areas. c. The storage area shall be completely screened from view and the fence/wall used to screen the area shall meet the requirements of UDC 3A-7. d. The landscape buffer along W. Franklin shall meet the requirements of UDC 11-3B-7 and 11-2B-3. e. The site shall provide a cross access to both the east and to the west. f. The cross access to the east shall align with the cross access from the Compass Charter School property. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 There currently exists an Agreement for Extension of Domestic Water and Sewer Service Outside of Meridian City Limits, that affects a portion of the subject site, recorded in Ada County Records as Instrument #114045763. Meridian City Council Meeting Agenda August 7, 2018 – Page 433 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 427 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 22 2.1.2 Coordinate with the Meridian Public Works Department and Fire Department to ensure hydrants provide adequate flow for building. As proposed, there appears to be at least 1500 gpm at 20 psi residual pressure. 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 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 The applicant shall provide easement(s) for any 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. 2.2.2 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. 2.2.3 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.4 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.5 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. 2.2.6 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. 2.2.7 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards for any new public sewer and/or water infrastructure. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.8 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. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. Meridian City Council Meeting Agenda August 7, 2018 – Page 434 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 428 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 23 5. REPUBLIC SERVICES 5.1 No comments were received from Republic Services on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITION OF APPROVAL 7.1.1 The Compass Charter School shall be responsible for all costs associated with the design, hardware, and construction of any pedestrian facilities needed to accommodate future pedestrian needs of the school. This includes flashing beacons, crosswalk striping and signage, and HAWK signals or RRFBs. 7.1.2 Replace any broken or deteriorated curb, gutter, or sidewalk on Franklin Road abutting the site. 7.1.3 Dedicate right-of-way to total 48-feet from the center line of Black Cat Road abutting the site, as proposed. 7.1.4 Construct a 5-foot wide detached concrete sidewalk on Black Cat Road located a minimum of 41 - feet from the centerline of Black Cat Road abutting the site. 7.1.5 Widen the pavement on Black Cat Road to a minimum width of 17-feet from centerline plus a 3- foot wide gravel shoulder adjacent to the entire site. 7.1.6 Construct the new east/west collector onto Black Cat Road located at the site’s north property line, as proposed. 7.1.7 Construct the 3 lane section of the collector as ½ of a 46-foot collector street section with 23-feet of pavement, plus 12 additional feet of pavement (to total 35-feet of pavement) with vertical curb, gutter, and a 7-foot wide attached concrete sidewalk on the south side of the roadway, with a 3- foot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the north side of the roadway. The right-of-way should extend from the 2-feet behind the back of the sidewalk and encompass the borrow ditch. 7.1.8 As the collector roadway continues east and transitions to a 2 lane roadway, construct it as ½ of a 36-foot wide collector roadway with 18-feet of pavement, plus 12 additional feet of pavement (to total 30-feet of pavement) with vertical curb, gutter, and a 7-foot wide attached concrete sidewalk on the south side of the roadway, with a 3-foot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the north side of the roadway. The right-of-way should extend from the 2-feet behind the back of the sidewalk to encompass the borrow ditch. 7.1.9 Construct the collector roadway as a complete 36-foot street section with vertical curb, and gutter on both sides of the roadway, with a 7-foot wide attached sidewalk on the south side of the road where the applicant controls both sides of the roadway. 7.1.10 Construct 1 stub street to the east, the new east/west collector1,100-feet north of Franklin Road. Extend the right-of-way for the stub street to the east property line. Install a sign at the terminus of the stub street stating that, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 7.1.11 Construct an offset temporary turnaround at the terminus of the stub street, as proposed. The temporary turnaround shall be paved and constructed to meet the same dimensional requirements of a standard cul-de-sac. Meridian City Council Meeting Agenda August 7, 2018 – Page 435 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 429 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 24 7.1.12 Grant a temporary turnaround easement to the District for those portions of the temporary cul-de- sac which extend beyond the dedicated street right-of-way. In the instance where a temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified as a non-buildable lot until the street is extended. 7.1.13 Close the existing driveway onto Franklin Road with vertical curb, gutter, and sidewalk to match the improvements on either side. 7.1.14 Construct one right-in/right-out only driveway onto Franklin Road located approximately 480- feet east of Black Cat, as proposed. Construct the driveway as a curb return driveway with a 30- foot radii and to a maximum width of 36-feet. 7.1.15 Extend the existing median on Franklin Road 75-feet east beyond the driveway to restrict the driveway to right-in/right-out only. Install a RIGHT OUT ONLY sign on site at the driveway exit onto Franklin Road. 7.1.16 Construct four driveways onto the east/west collector roadway, located as proposed: Driveway 1 located 185-feet east of Black Cat Road. Driveway 2 located 265-feet east of Black Cat Road. Sign this driveway as “ENTER ONLY”. Driveway 3 located 370-feet east of Black Cat Road. Sign this driveway as “EXIT ONLY”. Driveway 4 located 650-feet east of Black Cat Road. 7.1.17 All 4 of the driveways should be constructed as curb return type driveways and to a maximum width of 36-feet. 7.1.18 Other than access specifically approved with this application, direct lot access to Franklin Road and Black Cat Road is prohibited. 7.1.19 Payment of impact fees is due prior to issuance of a building permit. 7.1.20 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 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. Meridian City Council Meeting Agenda August 7, 2018 – Page 436 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 430 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 25 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Meridian City Council Meeting Agenda August 7, 2018 – Page 437 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 431 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 26 C. 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. Council finds that the proposed changes to the Future Land Use Map are consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. Council finds that the proposal to modify the Future Land Use Map to allow for the school use uses on this site will be compatible with existing and future residential, commercial and industrial uses. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. 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. 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. Council finds the proposed amendment will be compatible with the surrounding existing residential and future commercial and industrial uses. f. The proposed amendment will not burden existing and planned service capabilities. Council finds that the proposed amendment would 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. Council finds the proposed private school development of this property is consistent with the proposed map amendment, 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 and VIII and the subject findings above, Council finds that the proposed amendment is in the best interest of the City if the applicant enters into a development agreement with the City. 2. ANNEXATION FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Meridian City Council Meeting Agenda August 7, 2018 – Page 438 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 432 of 902 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 21 Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 21.93 acre property with an M-E zoning district to develop a charter school. Commission finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the M-E zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Council finds annexing this property with an M-E zoning district is in the best interest of the City if the applicant revises the plat per Commission’s recommendation and enters into a development agreement. Meridian City Council Meeting Agenda August 7, 2018 – Page 439 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 433 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6K Project File Number: H-2018-0046 Sodalicious Item Title: Development Agreement Development Agreement for Sodalicious (H-2018-0046) with 10th & Fairview, LLC located at 1035 E Fairview Avenue, in the northeast 1/4 of Section 7, Township 3 North, Range 1 East. (Parcel #S1 1 071 20677) Meeting Notes 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.K . Presenter: S onya Allen Estimated Time f or P resentation: 2-3 minutes Title of I tem - D evelopment Agreement for Sodalicious (H-2018-0046) with 10th & F airview, L L C located at 1035 E Fairview Avenue, in the northeas 1/4 of Section 7, Township 3 North, Range 1 E ast. (P arcel #S 1107120677) D evelopment Agreement with the City of Meridian and 10th & F airview, L L C for S odalicious Annexation (H-2018-0046) C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Development A greement-Sodalicious A greements / C ontracts 8/14/2018 E xhibit A-Sodalicious E xhibit 8/14/2018 E xhibit B -S odalicious E xhibit 8/14/2018 E xhibit C-Sodalicious E xhibit 8/14/2018 E xhibit D-Sodalicious E xhibit 8/14/2018 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 8/14/2018 - 6:27 P M Community Development.A lbertson, Michelle Approved 8/14/2018 - 6:45 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 434 of 902 ADA COUNTY RECORDER Christopher D. Rich 2018-079760 BOISE IDAHO Pgs=38 VICTORIA BAILEY 08/22/2018 02:10 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. 10th & Fairview, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_21_!�_ day of NUCIL64- , 2018, by and between City of Meridian, a municipal corporation of the State '6'?Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and 10t" & Fairview, LLC, 435 E. Shore Drive, Ste. 210, Eagle, ID 83616, hereinafter called OVVNER/DEVELOPER. Ll 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 bythis reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 0.36 acres of land with an C -G (General Retail and Service Commercial) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvernents will be made; and I 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and preliminary plat on the Property held before the Planning & Zoning DEVELOPMENT AGREEMENT — SODALICIOUS (H-2018-0046) PAGE 1 OF 8 Meridian City Council Meeting Agenda August 21, 2018 – Page 436 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 437 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 438 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 439 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 440 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 441 of 902 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: 10th & Fairview, LLC By: t% 1 CITY OF MERIDIAN OPQORAZEDAJiG TTES Mayor T m de Weerd IDIA Coles, Ci Clerk � IOAIi m� SEAL STATE OF IDAHO ss: County of Ada, ) On this /5 day of v v , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared C , known or identified to me to be the pWvte r of 10th & Fairview, LLC and acknowledged to me that he executed the same on behalf of said Corporation. IN WI certificate first (SEAL) STATE OF ID, County of Ada reunto set my hand and affixed my official seal the day and year in this 4=ry Public for Idaho �/ %� Residing at: f w � �` c / r Nu -y"" My Commission Expires: Z On thissh day of N, , 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, kriow 6r dentified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public or aho •••••••.•• •`Fi 4,�r••• ,� ,, " Residing Qfl;(,(J✓Lytj,aiL(�Q � Commission expires: 3 2,5?'rdOa a . _k" QssRY �'-, D: 0 NT AGREEf, FENT •• SODALICIOUS (H-2018-0046) PAGE 8 OF 8 • �'i . o -- '• STA`' .••� Sodalicious – H-2018-0046 – Exhibit A to Development Agreement Meridian City Council Meeting Agenda August 21, 2018 – Page 443 of 902 Sodalicious – H-2018-0046 – Exhibit A to Development Agreement Meridian City Council Meeting Agenda August 21, 2018 – Page 444 of 902 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0046 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 0.36 of an Acre of Land with the C-G Zoning District for Sodalicious at 1035 E. Fairview Ave., by 10th & Fairview, LLC. Case No(s). H-2018-0046 For the City Council Hearing Date of: July 24, 2018 (Findings on August 7, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 24, 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 24, 2018, incorporated by reference. The conditions are concluded to be Meridian City Council Meeting Agenda August 7, 2018 – Page 524 of 572 EXHIBIT B Sodalicious - Exhibit B to DA Meridian City Council Meeting Agenda August 21, 2018 – Page 445 of 902 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0046 - 2 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Annexation and Zoning is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of July 24, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 24, 2018 Meridian City Council Meeting Agenda August 7, 2018 – Page 525 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 446 of 902 By action of the City Council at its regular meeting held on the day of 2018. COUNCIL PRESIDENT JOE BORTON VOTED /Lq COUNCIL VICE PRESIDENT LUKE CAVENER VOTED /G! COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 1 COUNCIL MEMBER TY PALMER VOTED /Z 61 COUNCIL MEMBER TREG BERNT VOTED Y64 COUNCIL MEMBER GENESIS MILAM VOTED YA MAYOR TAMMY de WEERD VOTED TIE BREAKER) ZA61 4 1 Mayor T d Weerd o Q piED AUGGST, Attest: z c iiy or w E IDIAN*, IDAHO C.J0 Coles x SEAL Cit Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: ( l D l City lerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0046 - 3 - SOo a iCiD4s Meridian City Council Meeting Agenda August 21, 2018 – Page 447 of 902 Sodalicious – AZ H-2018-0046 PAGE 1 STAFF REPORT Hearing Date: July 24, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Sodalicious – AZ (H-2018-0046) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, 10th & Fairview, LLC, submitted an application for Annexation and Zoning (AZ) of 0.36 of an acre of land with the C-G zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application in accord with the comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard this item on June 21, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Hethe Clark, Spink Butler (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: Hethe Clark, Spink Butler (response to the staff report) 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. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on July 24, 2018. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Hethe Clark, Spink Butler (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: Hethe Clark, Spink Butler 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: EXHIBIT A Meridian City Council Meeting Agenda August 7, 2018 – Page 527 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 448 of 902 Sodalicious – AZ H-2018-0046 PAGE 2 i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0046, as presented in the staff report for the hearing date of July 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-2018-0046, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0046 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 1035 E. Fairview Avenue, in the northeast ¼ of Section 7, Township 3 North, Range 1 East. (Parcel #: S1107120677) B. Owner(s): 10th & Fairview, LLC 435 E. Shore Drive, Ste. 210 Eagle, ID 83616 C. Applicant: Same as Owner D. Representative: Hethe Clark, Spink Butler, LLP 251 E. Front Street, Ste. 200 PO Box 639 Boise, ID 83701 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation & zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this application, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 1, 2018 (Commission); July 6, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: May 25, 2018 (Commission); June 29, 2018 (City Council) Meridian City Council Meeting Agenda August 7, 2018 – Page 528 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 449 of 902 Sodalicious – AZ H-2018-0046 PAGE 3 D. Applicant posted notice on site(s) on: June 8, 2018 (Commission); July 13, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is currently a drive-through restaurant (i.e. Sodalicious) operating on this site; the property is currently zoned C2 in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Fairview Ave. and commercial uses, zoned C-G 2. East: Commercial property, zoned C-G 3. South & West: Vehicle sales, zoned C-G C. History of Previous Actions: A drive-through restaurant (i.e. Sodalicious) was recently approved in Ada County to operate on this site (Project #201701971-MSP). This property is currently receiving City water and sewer service. The terms for provision of sewer service are contained in the Agreement for Extension of Domestic Sewer Service outside Meridian City Limits #2017-095482, 1st amendment #2018- 001828, and 2nd amendment #2018-012303. D. Utilities: 1. Public Works: a. Location of sewer: This property is currently receiving sewer service from the City of Meridian. b. Location of water: This property is currently receiving water service from the City of Meridian. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Commercial on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of the Commercial designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. A drive-through restaurant (i.e. Sodalicious) was previously approved in Ada County to operate on this site (Project #201701971-MSP). The approved site/landscape plan is included in Exhibit B. The existing use is an appropriate use in the Commercial designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the use of this property: (Staff’s analysis in italics) Meridian City Council Meeting Agenda August 7, 2018 – Page 529 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 450 of 902 Sodalicious – AZ H-2018-0046 PAGE 4 Require all commercial and industrial businesses to install and maintain landscaping.” 2.01.03B) Landscaping was required with development of the site in Ada County. 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) This site was allowed to retain access via E. Fairview Avenue with development in Ada County. A cross-access easement exists to this property from the property to the east. Explore options to annex County parcels that are contiguous with City limits to allow for more efficient provision of City services.” (3.04.01F) This site was previously provided with City water and sewer service with the stipulation the applicant apply for annexation into the City. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: Commercial: 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. A restaurant is listed as a principal permitted use and a drive-through establishment is listed as a conditional use in the C- G district when it’s within 300 feet of a residential district or an existing residence and is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. However, because the existing use was approved in the County, no further approvals are required in the City. 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 zoning district. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant proposes to annex 0.36 of an acre of land into the City with a C-G zoning district consistent with the Commercial Future Land Use Map designation for the property. The legal description submitted with the subject application is included in Exhibit C and shows the boundary of the property proposed to be annexed and zoned. The property proposed to be annexed is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. There is an existing restaurant with a drive-through (i.e. Sodalicious) on the site that was recently approved in Ada County (Project #201701971-MSP). A site plan is included in Exhibit A.2 that depicts how the site was developed. Services: City sewer and water services are currently being provided to this property. The agreement for extension of sewer service (referenced in Section VI) requires the User to submit an annexation application and enter into a Development Agreement (DA) with the City of Meridian concerning the use or development of the subject property. The sewer service agreement states that the DA will include requirements that the use of the subject property comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access, parking, and other Meridian City Council Meeting Agenda August 7, 2018 – Page 530 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 451 of 902 Sodalicious – AZ H-2018-0046 PAGE 5 conditions as may be appropriate and necessary to carry out the policies of the Comprehensive Plan, regulate the uses of property and structures within the City of Meridian, and protect and promote public health, safety, and general welfare. Access: Access is provided to this site via E. Fairview Ave. A cross-access easement exists to this site from the property to the east. Staff recommends a reciprocal cross-access easement is granted to the property to the east (parcel #S1107120655) in accord with UDC 11-3A-3A.2 as a provision of the development agreement; however, it may not be feasible at this time to utilize the cross- access due to the location of the billboard sign. Because parking for the site is located at the northwest corner of the site along the west boundary, staff does not recommend a cross-access easement is provided to the west. Non-Conforming Use: There is an electronic billboard that exists along the east boundary of this site that was a permitted use under Ada County ordinances. Upon annexation, the billboard will be considered a non-conforming sign as billboards are prohibited within the City. As such, the sign is allowed to remain subject to the provisions for non-conforming signs set forth in UDC 11- 1B-6; repair or replacement of LED digital faces on the sign does not constitute replacement or removal of the sign or sign structure as described in 11-1B-6 and noted in the Agreement for Extension of Domestic Sewer Service. Note: When the City Council approved the agreement to provide sewer service to this property, they did so without requiring a sunset clause on the billboard sign. The street buffer along E. Fairview Ave. is also non-conforming to UDC standards at 10 feet in width; the UDC requires a 25-foot wide street buffer along arterial streets. Because the buffer was previously approved by Ada County, a wider buffer is not required to be provided with this application. Certificate of Zoning Compliance (CZC): Because development of this site was approved in Ada County and no expansions of the use or changes to the site are proposed with this application, staff does not recommend a CZC is required to be submitted for the existing use. However, the owner is required to obtain a new Certificate of Occupancy from the Building Department for the existing use. Staff has included recommended DA provisions in Exhibit B in accord with the analysis above and the sewer service agreement. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Site/Landscape Plan Approved by Ada County B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 7, 2018 – Page 531 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 452 of 902 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda August 7, 2018 – Page 532 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 453 of 902 2 - Exhibit A.2: Site/Landscape Plan Approved by Ada County Meridian City Council Meeting Agenda August 7, 2018 – Page 533 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 454 of 902 3 - EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The subject property shall comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access, parking, and other conditions as may be appropriate and necessary to carry out the policies of the Comprehensive Plan, regulate the uses of property and structures within the City of Meridian, and protect and promote public health, safety, and general welfare. b. City acknowledges that a nonconforming electronic outdoor advertising sign is installed on the Subject Property. Such nonconforming sign may remain on the Subject Property subject to the provisions for nonconforming signs as set forth in Meridian City Code section 11-1B-6, as such section exists on the date of execution of this Agreement, a copy of which is attached hereto as Exhibit B. The parties agree and acknowledge that repair or replacement of LED digital faces on the outdoor advertising sign does not constitute replacement or removal of the outdoor advertising sign or sign structure as described in Section 11-1B-6 as set forth in Exhibit B. c. A cross-access easement shall be recorded granting access to the property to the east (parcel S1107120655) in accord with UDC 11-3A-3A.2. A copy of said easement shall be submitted to the City prior to issuance of Certificate of Occupancy. d. The applicant shall obtain a Certificate of Occupancy from the Building Department for the existing use upon annexation of the property into the City of Meridian. e. The owner shall comply with the terms of the Agreement for Extension of Domestic Sewer Service outside Meridian City Limits #2017-095482, 1st amendment #2018-001828, and 2nd amendment #2018-012303 included as Exhibit “__” in this agreement. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on this application. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comments on this application as no pathways are depicted on the Pathways Master Plan for this site. 6. ADA COUNTY HIGHWAY DISTRICT This application is for an annexation and rezone only. Listed below are some site specific conditions of approval that the District may identify when it reviews a future development application. The District may add additional conditions of approval when it reviews a specific development application. Meridian City Council Meeting Agenda August 7, 2018 – Page 534 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 455 of 902 4 - 6.1 Site Specific Conditions of Approval 6.1.1 Dedicate additional right-of-way on Fairview Avenue to total 62-feet from centerline. This segment of Fairview Avenue is listed in the CIP, so the applicant will be compensated for right-of-way dedication. 6.1.2 Relocate the sign that is located near the west property line a minimum of 62-feet from centerline of Fairview Avenue. 6.1.3 Access to Fairview Avenue is approved as temporary full access, and may be restricted to right -in/right-out at any time, as determined by ACHD. 6.1.4 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 6.1.5 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 6.1.6 Comply with the Standard Conditions of Approval as noted below. Meridian City Council Meeting Agenda August 7, 2018 – Page 535 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 456 of 902 5 - Exhibit C: Legal Description & Exhibit Map for Annexation and Zoning Boundary Meridian City Council Meeting Agenda August 7, 2018 – Page 536 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 457 of 902 6 - Meridian City Council Meeting Agenda August 7, 2018 – Page 537 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 458 of 902 7 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING/REZONE (UDC 11-5B-3E) Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to the C-G zoning district is consistent with the existing use and Comprehensive Plan FLUM designation of Commercial for this site. (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 district 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 should not be detrimental to the public health, safety, or welfare. 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 and zoning of this property is in the best interest of the City if the applicant complies with the provisions in the Development Agreement included in Exhibit B. Meridian City Council Meeting Agenda August 7, 2018 – Page 538 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 459 of 902 EXHIBIT "C" Sodalicious H 2018-0046 - Exhibit C to Development Agreement Meridian City Council Meeting Agenda August 21, 2018 – Page 460 of 902 EXHIBIT "D" Sodalicious - H 2018-0046 - Exhibit D to Devleopment AgreementMeridian City Council Meeting Agenda August 21, 2018 – Page 461 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 462 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 463 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 464 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 465 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 466 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 467 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 468 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 469 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 470 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 471 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 472 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6L Project File Number: Item Title: Resolution 18-2093 Resolution No. 18-2093: Updating Records Retention Schedule Meeting Notes 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.L . Presenter: Estimated Time f or P resentation: Title of I tem - Resolution No. 18-2093: Updating Records Retention S chedule C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Resolution Resolution 7/24/2018 Records R etention S chedule B ackup Material 8/17/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/17/2018 - 3:03 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 473 of 902 CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. 18-2093 BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION TO AMEND THE CITY OF MERIDIAN'S CITYWIDE RECORDS RETENTION SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 26, 2017 the Mayor and City Council adopted and approved Resolution 17-2019 which updated the Citywide Records Retention Schedule; and WHEREAS, it is recognized that from time to time it will be necessary to update the Citywide Records Retention Schedule for proper management of city records; WHEREAS, the City of Meridian now wishes to amend and update the Citywide Records Retention Schedule; and WHEREAS, an update to the current Citywide Records Retention Schedule has been completed and the amended Schedule is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian hereby adopts the 2018 amended Citywide Records Retention Schedule attached hereto as Exhibit A. Section 2. That the City Clerk is hereby authorized to implement the Citywide Records Retention Schedule adopted by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this4day of August, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this- day of August, 2018. APPROVED: ,\ Tammy d erd, Mayor <✓ ►'L C IDIAN* X.S EAL 411 T��of"le TREASV��a CITY OF MERIDIAN 2018 RECORDS RETENTION SCHEDULE A Coles, �itj Clerk PAGE 1 OF 2 CITY OF MERIDIAN 2018 RECORDS RETENTION SCHEDULE PAGE 2 OF 2 EXHIBIT A 2018 RECORDS RETENTION SCHEDULE Meridian City Council Meeting Agenda August 21, 2018 – Page 475 of 902 2018 RECORDS RETENTION SCHEDULE Approved August __, 2018 by Resolution No. 18-____ Meridian City Council Meeting Agenda August 21, 2018 – Page 476 of 902 TABLE OF CONTENTS Introduction ………………………………………………………………………….. Page 3 Frequently Asked Questions …………………………………………………………. Page 5 City Attorney’s Office ……………………………………………………………….. Page 7 City Clerk’s Office …………………………………………………………………… Page 9 Commissions, Committees, Boards …………………………………………………... Page 14 Community Development …………………………………………………………….. Page 15 Finance Department …………………………………………………………………... Page 26 Fire Department ……………………………………………………………………..... Page 36 Human Resources Department ……………………………………………………….. Page 40 Information Technology Department ………………………………………………… Page 47 Mayor’s Office ……………………………………………………………………….. Page 50 Parks and Recreation Department ……………………………………………………. Page 54 Police Department ……………………………………………………………………. Page 63 Public Works Department ……………………………………………………………. Page 72 Appendix A: Idaho Statute Title 50, Chapter 9, Section 50-907 ….………………… Page 87 2 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 477 of 902 INTRODUCTION Management of public records is a vital function of every city, and understanding the basic principles of records management is essential for every city official and staff member. In basic terms, the definition of a public record, as established by Idaho law, is any recorded information that relates to the business of city government. Public records can be on any medium – paper documents, books, maps, pictures, audio/visual recordings, microfilm or microfiche, as well as digital or electronic documents, including computer files and email. THE CITY CLERK’S ROLE Idaho Code section 50-908 outlines the role and responsibilities of the City Clerk as municipal records manager. That law directs the City Clerk to: ensure the orderly and efficient management, retention, and destruction of city records in compliance with state and federal laws and city ordinances, resolutions and policies; identify and care for historical records; and coordinate the transfer of permanent records to the Idaho State Historical Society's (“ISHS’s”) permanent records repository. All city employees and elected officials have responsibilities with regard to city records. Idaho Code section 50-908 establishes those responsibilities. Employees and officials must: protect the records in their custody; cooperate with the City Clerk to efficiently manage records and preserve records of enduring value; and pass on to their successors records necessary for the continuing conduct of city business. All city records are property of the city, and no city official, elected, appointed or staff, may assert any personal or property right to such records, even where he or she may have developed or compiled them. The unauthorized destruction or removal of city records is prohibited by law. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS Idaho Code section 50-907(5) requires every city in Idaho to adopt a records retention schedule, listing the types of city records retained by the city and the retention period for each type of record. As of July 1, 2016, Idaho Code section 50-907(1)-(4) classifies municipal records into four separate categories (permanent, semipermanent, temporary, and historical). Each of the four classifications either lists specific record types or provides a description for what constitutes records fitting that classification. The statute allows for cities to designate additional records for each classification as deemed appropriate by the City Council. Cities may assign records to a fifth category designated as transitory. Permanent and historical records may not be destroyed, but must be retained by the city in perpetuity, or transferred to the ISHS’s permanent records repository for permanent retention upon resolution of the City Council according to the procedures established in section 50-907, Idaho Code. Semipermanent records shall be retained for not less than five (5) years after the 3 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 478 of 902 date of issuance or completion of the matter contained within the record. Temporary records are to be retained for not less than two (2) years. After the expiration of the designated retention period for semipermanent and temporary records, the destruction of those records may be destroyed only by resolution of the City Council, upon advice of the City Attorney, and in coordination with the City Clerk according to the procedures established in section 50-907, Idaho Code. Transitory records may be destroyed upon expiration of the designated retention period according to the procedure established by the department. FINAL DISPOSITION OF RECORDS As set forth above, permanent and historical records are never destroyed – they are retained in perpetuity by the city or transferred to the ISHS by resolution of City Council. Semipermanent and temporary records may only be destroyed by resolution of City Council. The process for destruction of all nonpermanent records typically begins once the records have reached their minimum retention period, but there are some important exceptions, where circumstances dictate that records must be kept longer: Records related to pending criminal or civil cases; Records that are the subject of a pending public records request; and Records needed for any pending audit or investigation. The departments, the City Clerk, and the City Attorney’s Office work closely together to resolve retention questions and to accomplish final disposition of records according to the process set forth in section 50-907, Idaho Code. The first step in the official record destruction process is that the City Clerk obtains approval for the destruction of the records from the City Attorney’s Office. If appropriate, the City Attorney’s Office prepares a resolution and submits it to City Council for approval to destroy the records. Depending on the records to be destroyed, the City Clerk may be required to notify the ISHS at least thirty (30) days prior to destruction. When all of the steps are complete, the City Clerk notifies the department that it may destroy the designated records. The department destroys the records within thirty (30) days of notification and returns proof of destruction to the City Clerk. In addition to the above information, the following FAQ on classification and retention of municipal records is designed to summarize the changes to Idaho Code section 50-907 that became effective on July 1, 2016 and provide quick answers to often-asked questions. The statute in its entirety is included in Appendix A. 4 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 479 of 902 FAQ: CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS PER IDAHO CODE SECTION 50-907 AS OF JULY 1, 2016: 1. What are the four (4) statutory record classifications? The four (4) classifications are permanent, historical, semipermanent, and temporary. For complete information regarding the retention period and list of specific record types for each category, go to Appendix A at the end of this Schedule where the statute is set forth in its entirety. 2. How are historical records described? Historical records shall consist of records which, due to age or cultural significance, are themselves artifacts of historical value. Historical records have enduring value based on the administrative, legal, fiscal, evidential or historical information they contain. Historical records shall be retained by the city in perpetuity or may be transferred to the ISHS’s permanent records repository pursuant to subsections 8 and 9 of section 67-4126, Idaho Code, upon resolution of the City Council. 3. Does the City allow for a fifth (5th) record category? Yes, the 5th available record category is called “Transitory” and the retention period is less than two (2) years. Transitory records do not need a resolution to destroy them. However, they should be destroyed according to department policy. 4. Can the City reproduce, retain and manage records in a photographic, digital or other nonpaper medium? Yes, see Idaho Code section 55-907(6) for the necessary form and medium requirements to comply with the statute. 5. Is a reproduced record deemed an original public record for all purposes? Yes, provided it is retained by the city in any form and medium permitted by Idaho Code section 55- 907(6). 6. When can a semipermanent or temporary paper original be summarily disposed of or returned to sender? A semipermanent or temporary paper original can be summarily disposed of or returned to sender once it has been retained in an appropriate nonpaper medium. 7. Can a permanent paper original be summarily disposed of or returned to sender like semipermanent and temporary records once it has been reproduced in a nonpaper medium? Yes, once a permanent paper original is converted, it may be treated like a copy and destroyed provided the following steps are followed: a. Prior to destruction of original paper documents, the City Clerk shall provide written notice, either by email or mail, including a detailed list of the documents proposed for destruction to the ISHS. b. The ISHS has 30 days after receipt of the City Clerk’s notice to review the list and respond in writing, either by email or mail, to the City Clerk identifying any documents that will be requested to be transferred from the city to the ISHS for retention in the permanent records repository. c. Any documents that will not be transferred may be destroyed. 5 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 480 of 902 d. If the City Clerk has not heard back from the ISHS within thirty (30) days after the ISHS received notice from the City Clerk, then the records may be destroyed. 8. What has changed regarding destruction or transfer of records? a. Permanent records: (1) Must be kept forever by the city, except for paper originals of permanent records maintained in a nonpaper medium as discussed in FAQ #7 (above); or (2) Permanent records may be transferred to ISHS’s permanent records repository upon resolution by City Council. b. Semipermanent and Temporary records: (1) May be destroyed only by resolution of the City Council and upon the advice of City Attorney, except for paper originals of semipermanent or temporary records retained in a nonpaper medium. (2) Such disposition is under the direction and supervision of the City Clerk. The Clerk no longer needs to give thirty (30) day written notice to the ISHS of intent to destroy. (3) Copies: It is always important to remember that once a Resolution to Destroy Records is approved and the City Clerk gives the department the “ok” to destroy the records listed therein, the department must take care to destroy all versions of the records listed. In other words, copies cannot outlive the destruction of the original record. 6 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 481 of 902 CITY ATTORNEY’S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Legal Department Administrative Records Written messages and reminders, meeting notes, working drafts, legal research source documents and notes, copies of accounts payable invoices and expense reports, presentations, documents recording department activities or plans, department reports to directors, and other material or aids that support an employee’s day-to-day job functions. Transitory Until administrative need ends or superseded Bankruptcy Notices and Case Files Records documenting notification to the city that certain individuals have filed for bankruptcy, and used to determine if the individual owes money to the city and to file notice or claim with the court. Information may include: debtor’s name, utility accounts information, prepared repayment plan and related documentation. Semipermanent IC §50-907(2)(a,g) 5 years after receipt of Trustee Final Report or an Order Dismissing the Case. (See Civil Case Files for litigated claims and adversary actions) Budget Preparation Records Working documents utilized to establish yearly budget, including enhancements, amendments, carry forward support, FTE anticipation, and quotes for goods or services. Transitory Until administrative need ends or superseded Civil Case Files Pending and closed cases filed by and against the city, including all pre-litigation, litigation, appellate documents (complaints, summons, investigations, reports, attorney notes, discovery-related records, pleadings, affidavits, motions, deposition transcripts, disposition, orders and judgments, exhibits, appeals, and related records), and bankruptcy adversary action files. Semipermanent IC §50-907(2)(g) 10 years after date of last action Departmental Reports Reports prepared by the city attorney for the mayor and city council. Semipermanent IC §50-907(2)(e) 5 years Director/Manager HR-related Records Director and manager’s records regarding City Attorney’s Office employees, including performance Transitory Until employee separation (then transferred to HR) 7 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 482 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD evaluations, comment cards, complaints, certificates, etc. Forms, Templates Legal forms and templates. Transitory Until superseded Land Use Appeals Appeals of land use decisions, including staff reports, pleadings, briefs, and related records. Semipermanent IC §50-907(2)(g) 10 years after date of last action Legal Opinions, Memoranda Formal and informal opinions and memoranda rendered by the city attorney for the mayor, city council, or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. Semipermanent IC §50-907(2)(g) 10 years Privileged Administrative Records Records held in confidence by the City Attorney’s Office regarding confidential or privileged matters including personnel investigations, settlements related to personnel matters. Semipermanent IC §50-907(2)(g) 75 years Settlement Records Settlement agreements and related documentation from civil cases, claims, mediation, and arbitration. Semipermanent IC §50-907(2)(g) 75 years Training Materials Records related to training and continuing education programs attended by City Attorney’s Office staff. Documents may include instructional materials, course descriptions, class enrollment and attendance records, certificates of attendance, etc. Transitory Until administrative need ends or superseded Risk Management Claim Files Claims for damages filed by and against the city, including claims caused by city employees/ equipment, including Property Damage Records, Liability Claims Records, Public Injury Reports, and related correspondence. Semipermanent IC §50-907(2)(a,g) 10 years, provided there is no litigation. (See Civil Case Files for litigated claims) Insurance Policy Records Records documenting the terms and conditions of city insurance policies covering liability, property, motor vehicle, etc. Records usually include: policies, endorsements, rate change notices, agent of record, and related documents. Semipermanent IC §50-907(2)(g) 5 years 8 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 483 of 902 CITY CLERK’S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of the City Clerk’s Office employees, including but not limited to: sign in/out sheet for keys, archival Records and phone Logs, land use, ordinances, permits, minutes, and resolution tracking spreadsheets, and Dashboard statistics Transitory Until administrative needs ends Administrative Records Copies of: A/P invoices, Expense Reports, MIP A/P unposted Reports, Detailed Statements of Revenues and Expenditures Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, quotes for service/maintenance Transitory 1 year or until administrative need ends Correspondence Policy/program correspondence, documenting the formulation, adoption and implementation of significant policy/program decision. Including but not limited to Commission, Committee and City Clerk determination. Permanent In perpetuity Records created or received in the course of administering city policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Semipermanent 5 years Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to memos, notes, thank you notes, surveys, letters to businesses and citizens and day-to day office and housekeeping correspondence that does not contain unique information about City functions or programs, for example scrolling agenda and announcements. Transitory Until administrative need ends Customer Complaints/Kudos Complaint or Compliment records including but not limited to letters, phone Transitory Until administrative need ends 9 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 484 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD calls, comment cards and in person feedback from citizens, customers, developers and contractors Forms/Templates Forms/Templates created for use by the City Clerk’s Office including but not limited to visual aids, applications, checklists, land use transmittals and web documents Transitory Until administrative need ends or record is superseded HR Documents Departmental employee personnel records, including but not limited to training records, coaching notes, Performance Evaluation, contact information. Record is confidential and will be kept in a locked files with manager until employment has ended; File sent to HR for retention after termination (voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Meeting Records and Notes Special Projects/Initiatives Internal meeting records and/or staff level notes generated in the course of day to day business, including but not limited to; agendas, notes and presentations Transitory Until administrative need ends or superseded Reference/Owner’s Manuals/ Handbooks Documents to include but not limited to: Owner’s Manuals and code updates Transitory Until superseded or administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental Policy or program records documenting the formulation, adoption and implementation of departmental policy or program decisions. Including but not limited to Standard Operating Procedures and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure Transitory 1 year after document is replaced and/or administrative need ends Presentations Formal department presentations to Council, Chamber of Commerce or other agencies/entities or people, e.g. New Council member training, Joint Council/Commission workshop training Transitory Until administrative need ends Telephone Records Message logs, voicemails, Shortel call volume reports etc. Transitory Until administrative need ends Operational Records Audio/Video Recordings Audio and video recordings of City Council, Commission and Committee Meetings. Semipermanent 5 years City Council and Planning and Zoning Meeting Agenda, Minutes and Minute Books Records documenting meetings of the City Council and/or Planning and Zoning Commission and motions, resolutions, ordinances, transcripts and other actions taken at meetings. Permanent IC §50- 907(1)(a) In perpetuity 10 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 485 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Contracts & Agreements to which the City is a Party Agreements with vendors and other parties for the acquisition, lease, lease- purchase or sale of equipment, supplies, services or property, letters of credit, warranty surety agreements which have been approved at a City Council meeting, approved by the Mayor, or have been recorded with Ada County. Semipermanent IC §50- 907(2)(b) 10 years after expiration Easement Agreements to which the City is a Party Easement agreements which have been approved at a City Council meeting, approved by the Mayor, or have been recorded with Ada County. Permanent In perpetuity Deeds & Real Property Records Records relating to ownership of real property, including deeds, title opinions, abstracts and certificates of title, title insurance, documentation concerning alteration or transfer of title, and records relating to acquisition and disposal of real property such as offer letters, options, agreements of short duration, staff reports, appraisal and inspection reports, letters of transmittal, and related records. Permanent IC §50- 907(1)(e) In perpetuity Election – Campaign Finance Reports Reports showing contributions and expenditures in city campaigns by mayor/council candidates, political committees and independent persons/entities. Includes C-1 (Certification of Treasurer), C-2 (Campaign Financial Disclosure Report), C-4 (Independent Expenditures), C-5 (48 Hour Notice of Contributions/ Loans Received), C-6 (Statement by Nonbusiness Entity), and C-7 (48 Hour Notice of Independent Expenditures). Permanent IC §50- 907(1)(g) In perpetuity Election – Candidate Declarations & Petitions Includes declarations of candidacy and intent for candidates for city elective office. Declarations of candidacy are filed by candidates to get their name on the election ballot, and are accompanied by a filing fee of $40 or a petition with the signatures of at least five qualified city electors, including a certification by the county clerk of the number of signatures that are of qualified city electors. Declarations of intent are filed by write-in candidates, and do not require the filing fee or petition. Permanent IC §50- 907(1)(g) In perpetuity Election – Includes the first and second notice of Permanent In perpetuity 11 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 486 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD General/Regular (Election Files) election and sample ballot which are published in the official newspaper, poll books showing the name, address and signature of those voting in City elections, and the tally book in which election staff record and total the votes cast for each candidate and ballot question at the polling precinct. IC §50- 907(1)(g) Election – General/Regular (Working Files) Includes the following records: polling places, judges and clerks, challengers and watchers, voting machines and vote tally systems, correspondence, and other records not specifically listed in this schedule. Semipermanent IC §50- 907(2)(g) 5 years Election ballots, including voted ballots, unused ballots, spoiled ballots, ballot stubs, absentee voting, and duplicate poll books Temporary IC §50- 907(3)(e) 2 years Oaths of Office Signed oaths of elected officials swearing to uphold the federal and state constitutions and laws of the city. Permanent In perpetuity Passports – General Information Training records, Department of State monthly newsletters, and Passport Agent’s Reference Guide. Transitory Until administrative need ends or record is superseded Passports – Transmittals Daily transmittal spreadsheets that accompany passport applications mailed to the Department of State Regional office. Transitory 2 years Permits & Licenses Records relating to city permits and licenses issued in the City Clerk’s Office. Semipermanent IC §50- 907(2)(d) 10 years Public Notices Records relating to proof of mailings. Transitory Until administrative need ends Public Records Requests Written public records requests, city denials of public records requests, responses, etc. Temporary 1 years after last action Records Management Records Destruction records including tracking reports, destruction resolution and authorization from Idaho State Historical Society and legal counsel. Permanent In perpetuity Records of Historical Significance Records of historical significance not otherwise maintained by the Meridian Historical Preservation Commission. Permanent In perpetuity Room Scheduling & Reservation Records for City Hall Records documenting scheduling and reservations related to public meeting rooms in City Hall. Such as reservation request forms, and Outlook calendar scheduling records. Transitory Until administrative need ends Vehicle Titles State of Idaho Certificate of Title for Transitory Until vehicle is no 12 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 487 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD vehicles owned by the City. longer owned by the City 13 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 488 of 902 COMMISSIONS*, COMMITTEES, AND BOARDS RECORD DESCRIPTION CATEGORY RETENTION PERIOD Agendas Agendas of commission, committee, or board meetings Permanent IC §50- 907(1)(a) In perpetuity Audio Recordings Audio recordings of commission, committee, or board meetings Semipermanent IC §§ 50- 907(2)(g) 5 years Bylaws Internal rules governing commission, committee, or board structure, operations, procedures, officers, etc. Permanent IC §50- 907(1)(h) In perpetuity Contact Information Document listing commission, committee, or board members’ names, addresses, phone numbers, e-mail addresses, etc. Transitory Until administrative need ends Correspondence Correspondence regarding day-to-day commission, committee, or board operations or administration Transitory Until administrative need ends Historical Project Records Records documenting a commission, committee, or board project of historical or cultural significance to the City and/or Meridian community Historical IC §50-907(4) In perpetuity Minutes Summary or verbatim minutes of commission, committee, or board meetings; documents and other written or visual materials presented at meetings (e.g., handouts, photos, presentations, etc.) Semipermanent IC §§ 50- 907(2)(g) 5 years Project Files and Reports Documents and materials used by staff or commission, committee, or board members in the course of researching, developing, completing, reporting on, or acting on initiatives of the commission/committee/board Transitory Until administrative need ends Roster, current List of current commission/committee/ board members, including names, seat numbers, and appointment dates. Transitory Until superseded Roster, historical List of all commission, committee, or board members throughout history of the body; may include names, seat numbers, dates of appointment and departure. Historical IC §50-907(4) In perpetuity *Note: This schedule does not apply to City Council or Planning & Zoning Commission records, which are addressed in Clerk’s Office Records Retention Schedule. 14 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 489 of 902 COMMUNITY DEVELOPMENT DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative – All Divisions: (Community Development(CD) Departmental/Operational, Building Services, Economic Development, Land Development, Planning( Community Development Block Grant(CDBG) and Current/Long Range Planning) Activity Logs/Reports Daily, weekly, monthly, or other reports documenting the activities of the Community Development (CD) employees, including, but not limited to: sign in/out sheet for credit card, car sign in/out, archival records log, and dashboard. Transitory Until administrative need ends Administrative Records Copies of: A/P invoices, expense reports, A/P unposted Reports, Detailed Statements of Revenues, and Expenditures. Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including, but not limited to: enhancements, amendments, carry forward support, Full Time Equivalent (FTE) anticipation, vehicle replacement, and quotes for service/maintenance. Transitory 1 year or until administrative need ends Committee/Ad-Hoc Team Records Agendas and meeting minutes/notes for special groups convened by Community Development for specific purposes such as understanding operational gaps, Code issues, and process delays. Temporary 2 years Correspondence Policy/program correspondence, documenting the formulation, adoption, and implementation of significant policy/program decisions. Permanent In perpetuity Records created or received in the course of administering city policies, procedures, or programs, but these records do not provide insight into significant policy, procedure, or program discussions or decisions, including, but not limited to: citizen response letters, change of address notifications including corner lot change of address, and street name changes. Semi- permanent 5 years 15 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 490 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Correspondence and support material created or received in the course of administering City policies, SOPs, programs, or customer service requests; including other city departments and interagency coordination, including, but not limited to: lists, maps, graphics, figures, and other location specific materials and information, thank you notes, letters to businesses, citizens, and day-to-day office and housekeeping correspondence, for example: final action courtesy letters, will-serve letters and address verifications. Transitory Until administrative need ends Customer Complaints/Kudos Complaint or compliment records including, but not limited to: letters, phone calls, comment cards and in person feedback from citizens, customers, developers and contractors. Transitory Until administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental policy or program correspondence, documenting the formulation, adoption, and implementation of significant departmental policy or program decisions, including, but not limited to: Standard Operating Procedures (SOP) and department guidelines, etc. Permanent In perpetuity Departmental records created or received in the course of administering departmental policies, procedures, or programs, but these records do not provide insight into significant policy, procedure, program, discussions, or decisions. Including, but not limited to: citizen response letters. Temporary 2 years or until administrative need ends City/departmental SOP/policy manual or reference material from another government agency or business. Transitory 1 year after document replacement or until administrative need ends Director Determination/Inter pretation Documents, including, but not limited to: written request for Unified Development Code (UDC) interpretation, analysis, and the responsive departmental opinion. Permanent In perpetuity 16 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 491 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Forms/Templates Forms/templates created for use by the CD department, including, but not limited to: visual aids/cut-sheets, applications, checklists, and web documents. Transitory Until administrative need ends or record is superseded HR Documents Departmental employee personnel records, including, but not limited to: training records, coaching notes, performance evaluation, contact information; record is confidential and will be kept in a locked file, with manager, until employment has ended. Transitory Until employment is terminated; then forward to HR Marketing Materials Documents, including, but not limited to: working and draft research products/materials, analysis, maps, images, photos, demographics, market studies, conference materials, site selector information, spreadsheets, public outreach/town hall information, publications, or other metrics for department, inter-departmental, and external customers. Transitory Until superseded or administrative need ends Meeting Records and Notes Internal meeting records and notes generated in the course of day- to- day business, including, but not limited to: agendas, notes, and presentation. Transitory Until administrative need ends or superseded Presentations Formal department presentations to City Council, Commissions, Chamber of Commerce, other agencies/entities, or people. Transitory Until administrative need ends Professional Service Agreement(PSA)/Co ntracts Documents or communication related to a PSA/contract, including, but not limited to: copies of contract documents; emails including (performance related) correspondence from our PSA consultants (electrical, plumbing, mechanical, structural, and fire disciplines). Transitory Until administrative need ends Special Projects/Initiatives Final departmental documents related to special, non-confidential, or one-time projects, including, but not limited to: strategic plan initiatives, urban renewal districts, inventory, or non- application specific projects. Permanent In perpetuity Work-in-progress documents, material, or work products for ongoing or one time projects, including, but not limited: to Transitory Until superseded or administrative need ends 17 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 492 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD strategic plan initiatives, urban renewal districts, inventory, or non-application specific projects. Staff Working Documents, Notes and Drafts Documents, including, but not limited to: notes, draft spreadsheets, PowerPoints, Word, Adobe InDesign documents and underlying work-in-progress information that supports the day-to-day staff’s job function. Transitory Until superseded or administrative need ends Reference/Owner’s Manuals/ Handbooks Documents, including, but not limited to: owner’s manuals, International Code Council (ICC), and reference documents from other companies, government agencies (e.g. Idaho Power, American Disabilities Administration (ADA), Ada County Highway District (ACHD), Energy Commission, etc.). Transitory Until superseded or administrative need ends Reports & Studies Documents, including, but not limited to: draft research information, market studies, planning studies, and related documents not adopted in the Comprehensive Plan or UDC (e.g. pathways, downtown street crossing). Transitory Until superseded or administrative need ends Telephone Records Message logs, voicemails, ShoreTel call volume reports, etc. Transitory Until administrative need ends Zoning Verification Letter Documents, including, but not limited to: written requests for zoning analysis of a specific parcel/property and the responsive departmental opinion Semi- permanent 10 years Building Division – Commercial and Government Buildings Building Plans and Specifications for Commercial and Government Buildings Drawn and written approved for construction plans and specifications for commercial and government buildings, including, but not limited to: structural calculations, geotechnical investigations/reports (soil classifications: strength, compressibility, load bearing values tests: groundwater, borings, pits, subsurface exploration), and Certificate of Occupancy 2012 or later. Permanent In perpetuity 18 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 493 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Building Applications for Commercial Projects and Government Buildings Accela files related to commercial and governmental buildings and projects, including, but not limited to: permit application, signs, inspection records, certificates of values, photos, building, mechanical, plumbing, fire, and/or electrical permits, letters, and correspondence. Semi- permanent 10 years from record date for all records dated 2012 or later Temporary Occupancies. Transitory Until issuance of Final CO Sign Permit Plans & Specifications Drawn and written approved for construction plans and specifications for commercial and government buildings signs, including, but not limited to: (wall, free standing, and monument/subdivision identification). Permanent In perpetuity (see Planning Schedule for Retention) Building Division – Non-Commercial and Non-Government Buildings (Residential) Building Plans & Specifications for Non-commercial & Non-government Projects (after the structure or project receives final inspection & approval) Drawn and written approved for construction building plans and Certificate of Occupancy 2012 or later. Permanent In perpetuity Building Applications for Non-Commercial Projects and Non- Government Buildings Accela Files related to Non-commercial and Non-governmental buildings and projects, including, but not limited to: permit applications, inspection records, photos, building, mechanical, plumbing, and/or electrical permits. Semi- permanent 10 years from record date for all records dated January 2012 or later Temporary Certificate of Occupancies. Transitory Until issuance of Final CO Building Correspondence for Non-compliant Projects & Building Code Enforcement Cases (compliance & legal letters) Correspondence, including, but not limited to: signed letters of alternative compliance from design professional, engineers, or architects, letters generated from City’s legal counsel, documented notes of conversations, telephone logs, photos of violations, analysis reports/logs, etc. Transitory Until administrative need ends Economic Development Economic Development Website HTML text stored in economic development website’s external data base. Documents, including but not limited to: Available Properties Lists and Transitory Until superseded or administrative need ends 19 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 494 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD marketing information. Confidentiality Agreement Projects & Correspondence/Do cuments Documents, related to signed confidentiality agreements, including, but not limited to: letters of intent, community Tax Reinvestment Incentive (TRI) match letter, market research, project prospectus, photos, and written correspondence. Transitory Until administrative need ends Land Development Division – Commercial and Government Buildings Land Development Commercial and Governments Project Files Documents created or used in the land development phase of a commercial or government building project, including, but not limited to: annotated plats, engineer certifications pertaining to (e.g. private stormwater systems, pressurized irrigation, gravity irrigation, private roads). Permanent In perpetuity Files or documents created and/or used in the land development phase of a commercial project, including but not limited to: approval letters, QLPE letters, soil reports, and drainage calculations. Semi- permanent 10 years Files or documents created and/or used in the land development phase of a commercial project, including, but not limited to: approved for construction drawings, staff reports, invoices, application review comments, will serve letters, transmittals, and memos. Transitory Until administrative need ends Land Development Division – Non-Commercial and Non-Government Buildings (Residential) Land Development Non-Commercial and Non- Government (Residential) Project Files Documents created and/or used in the land development phase of a residential or Non-Government project, including, but not limited to: annotated plats, engineer certifications pertaining to (e.g. private stormwater systems, pressurized irrigation, gravity irrigation and private roads). Permanent In perpetuity Files or documents created or used in the land development phase of a residential or commercial subdivision project, including, but not limited to: approval letters, QLPE letters, soil report, and drainage calculations. Semi- permanent 10 years 20 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 495 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Files or documents created used in the land development phase of a residential or commercial subdivision project, including, but not limited to: approved for construction drawings, staff reports, invoices, application review comments, will serve letters, transmittals, and memos. Transitory Until administrative need ends Permits and Inspection Records – All Land Development (Accela Record ID’s) Files or documents created and/or used in the land developments phase of all Governmental, Commercial, or Residential/Commercial Subdivision projects with Accela ID’s (LD-DEV, LD-CLOT, LD-RSUB, LD-CSUB, LD- CAP, LD-MISC, LD-WSA). Semi- permanent 10 years from the creation of the records Surety (performance) All documents related to surety agreements, including, but not limited to: work-in-progress files for development of a surety agreement (correspondence, bids, memos, surety applications, contract filing information), Letters of Credit, Bonds, securing the performance compliance with requirements or conditions of a project; including, but not limited to: sewer, water, landscaping, fencing, amenities, car ports, pathways, lighting, paving/striping for private park lot(s), etc. Transitory Until requirements and/or conditions are met and administrative need ends or release occurs whichever is later Letters of Credit/Bond(s) Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Clerk’s schedule) Cash Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Finance’s schedule) Surety (warranty) All documents related to Surety Agreements, including, but not limited to: working files for development of a surety agreement (correspondence, bids, Transitory Until requirements and/or conditions are met and Administrative need 21 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 496 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD memos, surety applications, business filing information), Letters of Credit, Bonds, securing the performance and warranty compliance with requirements or conditions of a project; including, but not limited to: sewer, water, landscaping, fencing, amenities, car ports, pathways, lighting, paving/striping, and private park lot(s) etc. ends or release occurs whichever is later Letters of Credit/Bond(s) Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Clerk’s schedule) Cash Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Finance’s schedule) Planning Divisions Community Development Block Grant (CDBG) Plans and Reports Plans, reports, substantial plan amendments, and related correspondence. Permanent In perpetuity Sub Recipient Agreements and Supporting Documents Documents, including, but not limited to: agreements, Consolidated Annual Performance Evaluation Report (CAPER), sub-recipient agreements, environmental review records, PSAs (and corresponding products), sub- recipient reporting documents (activity reports, draw requests, labor files), etc. Semi- permanent 10 years from the completion of a program year’s HUD approved CAPER Planning Division –Administrative Applications Accessory Use Permits for Daycare or Home Occupation Documents, including, but not limited to: application, associated checklist items, and staff report with decision letter. Permanent In perpetuity Alternative Compliance Documents, including, but not limited to: application, associated checklist items and decision letter, or decision is rendered with a concurrent Permanent In perpetuity 22 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 497 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD administrative or hearing application. Certificate of Zoning Compliance Documents, including, but not limited to: application, associated checklist items, certificate of zoning compliance (CZC), and staff report. Permanent In perpetuity Conditional Use Permit Minor Modification Documents, including, but not limited to: application, associated checklist items, and staff report with decision letter. Permanent In perpetuity Design Review Documents, including, but not limited to: application, associated checklist items, and design review staff report, or decision is rendered with a concurrent CZC staff report. Permanent In perpetuity Private Road Documents, including, but not limited to: application, associated checklist items, tentative decision letter, maintenance agreement, reciprocal cross access easement and final decision letter. Permanent In perpetuity Property Boundary Adjustment Documents, including, but not limited to: application, associated checklist items and tentative decision letter, final decision letter, and documents that include recorded record of survey, new deeds, new tax parcel numbers, etc. Permanent In perpetuity Sign Permit Plans & Specifications Documents, including, but not limited to: application, associated check list items and approved, sign specifications (plans/design/drawings). Permanent In perpetuity Sign: Planned Sign Program; No longer issuing, but still have existing records Documents, including, but not limited to: approved application, and sign requirements for a specific project. Semi- permanent 5 years after revocation from property owner Sign: Limited Duration Documents, including, but not limited to: application, associated checklist items, and approved sign design/drawings. Semi- permanent 10 years Surety: Planning Included in Land Development Description. See Land Development Schedule for retention See Land Development Schedule for retention Time Extension Documents including, but not limited to: application, staff report, and decision letter. Semi- permanent 5 years 23 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 498 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Vacation Documents, including, but not limited to: application, associated checklist items and staff report with decision letter. Permanent In perpetuity Annexation Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. Permanent In perpetuity Comprehensive Plan Text and Map Amendments Documents, including, but not limited to: application, associated checklist items, staff report, area of city impact negotiation with Ada County, Planning and Zoning Commission Recommendations, Findings if accompanying another concurrent hearing application. Permanent In perpetuity City Council Review (appeal) Documents, including, but not limited to: application, associated checklist items, staff report/memo and decision letter. Permanent In perpetuity Conditional Use Permit Modification Documents, including, but not limited to: application, associated checklist items, staff report, and Findings. Permanent In perpetuity Development Agreement Modification Documents, including, but not limited to: application, associated checklist items, staff report, draft copy of the amended development agreement, and Findings. Permanent In perpetuity Planned Unit Development Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. Permanent In perpetuity Final Plat Modification Documents, including, but not limited to: application, associated checklist items, staff report, Order of decision. Permanent In perpetuity Preliminary Plat Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, Findings. Permanent In perpetuity Preliminary and Final Plat Documents, including, but not limited to: application, associated checklist items, staff report, and Order of Decision. Permanent In perpetuity Short Plat Documents, including, but not limited to: Permanent In perpetuity 24 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 499 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD application, associated checklist items, staff report, and Findings. Rezone Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. Permanent In perpetuity Time Extension - Planning & Zoning Commission or Council Documents, including, but not limited to: application, associated checklist items, staff report, and Order. Permanent In perpetuity Unified Development Code Text Amendment Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations. Permanent In perpetuity Vacation Documents, including, but not limited to: application, associated checklist items, and staff report. Permanent In perpetuity Variance Documents, including, but not limited to: application, associated checklist items, staff report, and Findings. Permanent In perpetuity 25 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 500 of 902 FINANCE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative – All (Administration, Arts & Culture, Billing, Budget, Controller, Purchasing) Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of the Finance Department employees, including but not limited to: sign in/out sheet for credit card, car sign in/out, etc. Transitory Until one year after audit Correspondence Adopted policy/programs impacting departments City-wide Permanent In perpetuity Records created or received in the course of administering city policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Including but not limited to Citizen Response letters, billing adjustment requests, etc. Semipermanent 5 years Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to Memos, transmittals, notes, comments, thank you notes, letters to businesses and day-to day office and housekeeping correspondence that does not contain unique information about City functions or programs. Transitory Until administrative need ends Committee Records Agendas and meeting minutes/notes for special groups convened by the department for specific purposes such as understanding operational procedures, gaps, and process delays Transitory Until administrative need ends Customer Complaints/Kudos Comment cards, copies of emails, letters, and other documents relaying complaints or kudos for staff and/or department functions Transitory Until administrative need ends Department Guidelines, Policies, Procedures, and Processes Finance Departmental Standard Operating Policy/Procedures Transitory Until record is superseded Administrative Reports Documents generated by department staff for miscellaneous internal reports. May also include complaints or compliment records including but not limited to letters, phone calls, comment Transitory Until administrative need ends 26 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 501 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD cards and in person feedback from citizens, customers, Forms/Templates Forms/Templates created for use by the Finance Department including but not limited to visual aids, applications and checklist, billing forms, budget and purchasing templates Transitory Until administrative need ends or record is superseded HR Documents Departmental employee personnel records kept in locked files with manager until employment has ended; File sent to HR for retention after termination(voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Staff Records and Notes Records and notes generated in the course of day to day business, including but not limited to; agendas, minutes, notes, presentations, notebooks, meeting notes, to-do lists, employee –compiled notes, etc. May also include documented attendance and presentation by Finance Department employees at conventions, conferences, seminars, workshops and similar training events. Includes training requests, training and Continuing Education Unit tracking reports and other related correspondence Transitory Until administrative need ends or superseded Photographs Includes both formal and informal photos from events or day to day operations Transitory Until administrative need ends or superseded Presentations Formal department presentations to Council or others, e.g. New Council member training, citywide staff training. Transitory Until superseded or administrative need ends Reference/Owner’s Manuals/Books Documents to include but not limited to: equipment manuals, reference materials Transitory Until superseded or administrative need ends Special Projects/Initiatives Documents related to special or non- confidential one-time projects Temporary 2 years or until administrative need ends Telephone Records Message logs, voicemails, etc. Transitory Until administrative need ends Accounting Accounts Payable Records documenting payment of city Semipermanent 5 years 27 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 502 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD bills, including reports, invoices, check stubs, purchase orders, payment authorizations. IC §50- 907(2)(a) Accounts Receivable Records documenting billing and collection of monies owed to the city by vendors, citizens, organizations, governments, etc. Records include: reports, receipts, invoices, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. Semipermanent IC §50- 907(2)(a) 5 years Cash Receipts Receipt and supporting documentation Semipermanent IC §50- 907(2)(a) 5 years Grant Records Records documenting the application, evaluation, awarding, administration, reporting and status of grants applied for, received, awarded or administered by the city. Records include: applications and proposals, summaries, objectives, activities, budgets, exhibits, award notices, progress reports, contracts, financial reports, and related correspondence and documentation. Semipermanent IC §50- 907(2)(g) 10 years from final grant close-out Liens Liens held by the city and any corresponding release of liens. Semipermanent Insert Code 5 years after lien released Sales & Use Tax Forms Used to report and remit sales tax collected and due to the state. Semipermanent IC §50- 907(2)(a) 5 years Travel Records Records documenting requests, authorizations, reimbursements, and other actions related to employee travel, including expense reports and receipts, vouchers and related documents. Semipermanent IC §50- 907(2)(a) 5 years Budget Financial Reports Quarterly Published Reports documenting the financial condition and operation of the city, Reports include information on revenues and expenditures in relation to the final budget. Semipermanent IC §50- 907(2)(a) 10 years Financial Reports Reports and data used to document the Semipermanent 5 years 28 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 503 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Year End financial condition and operation of the city, sub ledgers related to, but not including the final Audit Report. IC §50- 907(2)(a) Bank Transaction Records Records documenting the status and transaction activity of city bank accounts, including account statements. Semipermanent IC §50- 907(2)(a) 5 years Budget Hearing Notice Newspaper notice of budget hearing. Permanent IC §50- 907(1)(h) , Held in Clerks Office In perpetuity Budget Records Records used in preparing and adopting the city budget, including revenue projections, instructions, department requests, worksheets, council-approved tentative budget and notice of budget hearing, adopted appropriations ordinance and amendments, and other information. Semipermanent IC §50- 907(2)(a) 10 years Capital Asset Records – Purchase Record of purchase, vendor invoice and related documents. Semipermanent IC §50- 907(2)(a) 5 years Capital Asset Records – Disposal Record of disposal, department request of disposal. Semipermanent IC §50- 907(2)(a) 5 years after disposal Gift and Contribution Records Records documenting gifts and contributions to the city. Semipermanent IC §50- 907(2)(a) 10 years Chief Financial Officer Investment Records Reports, statements, summaries, correspondence and other records documenting and tracking investments made by the city, including the Local Government Investment Pool. Semipermanent IC §50- 907(2)(a) 5 years Controller Accounting Software Records Transaction records within the Accounting Software system: including – payroll, vendor listing, vendor payments, vendor purchase orders, budget transactions, cash receipts, and general ledger. Semipermanent IC §50- 907(2)(a) 10 years Audit Report Documents the city’s annual audit, examining compliance with generally accepted accounting principles and Permanent IC §50- 907(1)(d); Held In perpetuity 29 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 504 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD methods, the accuracy and legality of transactions and accounts, and compliance with requirements, orders, and regulations pertaining to the financial condition and operation of the city. Information includes: financial statements, auditor’s report and recommendations, single audit information concerning federal grants, and other information. in Clerks Office Bond Records Records documenting financing of city improvements through bonded indebtedness. Records include: bond rating information, bond and election ordinances, legal notices announcing bond election, bond counsel information and opinions, covenants, paid bonds and coupons, bond registers, State Treasurer public bond issue reports (IDAPA 54.01.01), etc. Permanent IC §50- 907(1)(a)(b)(h); Held in Clerks Office In perpetuity Departmental Reports Reports documenting the financial condition and operation of the city, issued on a monthly, quarterly, annual or other basis, including quarterly published treasurer’s report and year-end financial reports. Reports include information on revenues and expenditures in relation to the final budget. Semipermanent IC §50- 907(2)(e) 10 years General Ledgers Records documenting the summary of accounts reflecting the financial position of the city, showing debit, credit and balance amounts per account, budget, fund and department, asset depreciation, and totals for notes receivable, interest income, amounts due from other funds, bank loans received, cash in escrow, deferred loans received, cash, revenue, accounts receivable, accounts payable, etc. Semipermanent IC §50- 907(2)(a) 10 years Journal Entries Records including detailed reports and back up documentation for journal entries Semipermanent IC §50- 907(2)(a) 5 years Local Improvement Districts (LID) Records documenting the formation of a local improvement district and levying of special assessments, including: ordinance, published notices, assessment roll, appeals, affidavits, bonds and Permanent IC §50- 907(1)(e); Held in Clerks Office In perpetuity 30 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 505 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD coupons, delinquencies, and related correspondence and documents. Real Property Title Records Records of real property. Permanent IC §50- 907(1)(e); Held in Clerks Office In perpetuity Payroll Administrative Reports Reports, statistical studies, and other records designed and used for budget preparation, projections, workload and personnel management, and research and general reference. Semipermanent IC §50- 907(2)(a) 10 years Deduction Authorization Records Records documenting employee authorization for voluntary payroll deductions. Records may include: direct bank deposits, insurance applications, enrollment cards, deduction authorizations, approval notices, deduction terminations, and related records. Semipermanent IC §50- 907(2)(a) 5 years after employee separation Federal & State Tax Records Records, in addition to those itemized in this section, used to report the collection, distribution, deposit, and transmittal of federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement (1099), employers’ quarterly federal tax return (941, 941E), tax deposit coupon (8109), and similar federal and state completed forms. Semipermanent IC §50- 907(2)(a) 5 years Garnishment Record Records documenting requests and court orders to withhold wages from employee earnings for garnishments, tax levies, support payments, and other reasons. Usually includes original writs of garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usually includes: employee name and social security number, name of agency ordering garnishment, amount, name of party to whom payment is submitted, dates, and related data. Semipermanent IC §50- 907(2)(a) 5 years after termination. Registers – Other Monthly registers documenting earnings, deductions, and withholdings of city employees. Transitory Disposed yearly after audit 31 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 506 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Registers Year End Payroll Registers: Registers or records serving the same function of documenting the earnings, voluntary and required deductions, and withholdings of city employees. Information usually includes employee name and social security number, hours worked, rate, overtime, vacation value, various allowance, gross pay, federal and state withholding, voluntary deductions, net pay, and related data. Semipermanent IC §50- 907(2)(a) 5 years Time Records Records documenting hours worked, leave hours accrued, and leave hours taken by city employees. Information usually includes: employee name and employee number, hours worked, type and number of leave hours taken, total hours, dates and related data. Semipermanent IC §50- 907(2)(a) 5 years after employee separation W2s Annual statements documenting individual employee earnings and withholdings for state and federal income taxes and social security tax, also known as federal tax form W-2. Information includes: city name and tax identification number, employee name and social security number, wages paid, amounts withheld, and related data. Semipermanent IC §50- 907(2)(a) 5 years W4s Certificates documenting the exemption status of individual city employees, also known as W-4 forms. Information includes: employee name and address, social security number, designation of exemption status, and signature. Semipermanent IC §50- 907(2)(a) 5 years after employee separates PERSI Records Records relating to PERSI, including Employer Remittance Forms, invoices, correspondence, financial adjustments, etc. Semipermanent IC §50- 907(2)(a) 5 years Unemployment Reports Records documenting employee earnings on a quarterly basis. Used to document costs and charges in the event of an unemployment compensation claim. Information includes: employee name and social security number, quarterly earnings. Semipermanent IC §50- 907(2)(a) 5 years Purchasing Contracts Agreements with vendors and other parties either in hard copies or contained on the Contract Management Database Semipermanent IC §50- 10 years from date of substantial completion 32 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 507 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD for the acquisition or sale of equipment, supplies, services or property, also includes insurance certificates, payment and performance bonds pertaining to a solicitation or contract that Purchasing is facilitating. 907(2)(b) Original agreements and contracts that have been approved by Council Permanent, Held in Clerks Office In perpetuity Lease Agreements Lease agreements for property or equipment. Semipermanent IC §50- 907(2)(b) 5 years Purchase Orders Requests and purchase orders for goods or services purchased by the city. Information includes: department, delivery location, date, quantity, description, unit and total price, and authorizing signatures. Semipermanent IC §50- 907(2)(a) 10 years Purchasing Selection Records documenting competitive bidding and purchase of goods, services, and public works construction, and procurement of design professionals. Records include: published notices and solicitations, specifications, bids, requests for qualifications, statements of qualifications, etc. Semipermanent IC §50- 907(2)(a) 10 years from the date of award Utility Billing Adjustment Registers Records documenting adjustments to customer water, sewer, garbage or other city-provided service billings for debits, credits, refunds, returned checks, and related reasons. Information usually includes: customer’s name and address, type of adjustment, justification, amount changed, authorizing signatures and other information. (Records held within the billing software). Semipermanent IC §50- 907(2)(a) 5 years Billing Directive Application completed by owner or property manager to initiate Third Party billing for specified utility account. Information included: owner, property manager, tenant, move-in date, and service address. Semipermanent IC §50- 907(2)(a) 5 years Billing/Payment Records documenting transactions on Semipermanent 5 years 33 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 508 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Registers the water, sewer, garbage or other city- provided service account of each customer. Useful for reference to assure accurate customer billings and posting of payments. Information often includes: customer’s name, service address, meter reading, water usage, utility charges, payments, adjustments and related data. (records held within the billing software). IC §50- 907(2)(a) Change Record Records documenting routine information changes to customer accounts, including name and address. (Records held within the billing software). Semipermanent IC §50- 907(2)(a) 5 years Customer File General correspondence and forms related to a specific utility account. This information would be in addition to that found within the billing software. Documents in file may include and are not limited to: general letters, payment arrangement forms, third party billing docs, hard copies of customer history reports, leak adjustment requests, letters submitted to the City for customers. Semipermanent IC §50- 907(2)(a) 5 years Disconnect Notice to City Council Notice to City Council to verify that no customer currently slated for shut off due to non-payment has requested a hearing with the Board of Adjustment. Notice includes number of customers slated for shut off and the value of the delinquent accounts. Semipermanent IC §50- 907(2)(a) 5 years Disconnect Record Records documenting a customer’s request for disconnection of water, sewer, garbage or other city-provided services. (records held within the billing software). Semipermanent IC §50- 907(2)(a) 5 years Meter Readings Document the readings of customer water meters for billing purposes. Information typically includes: meter reading, date read, account number, billing code, final reading, reason for turnoff, meter changes, and related data. (records held within the billing software) Semipermanent IC §50- 907(2)(a) 5 years Payment Arrangements One page document that records a customer’s promise to pay. Transitory Until administrative need ends. 34 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 509 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Renter Addendums Supplemental document completed by the tenant to accept the third party billing for specified utility account. Information included: tenants name, service address, mailing address and phone number. Semipermanent IC §50- 907(2)(a) 5 years Security Deposit Records Records documenting customer payment of a security deposit to receive temporary dumpster services. Information usually includes date, amount of deposit, customer’s name, address, and account number, date account closed, refund date, amount of deposit applied, and related information. Semipermanent IC §50- 907(2)(a) 5 years Shut Off Turn On Electronic spreadsheet used during shut off day by water department field staff and MUBS. Tracks customers that are to be shut off, payments, and turn-ons as authorized. Record includes: Customer name, service address, meter id, time of shut off, time of payment, time of turn- on, fee waived if applicable and general notes. Semipermanent IC §50- 907(2)(a) 5 years 35 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 510 of 902 FIRE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Records regarding day-to-day administration of department, e.g., copies of invoices, travel records, uniform clothing purchases, fuel charges, fuel receipts, fuel reports, inventory asset information forms, phone logs and waste water inventory. Transitory Until administrative need ends or record is superseded Car Seat Inspections Car seat inspection forms. Semipermanent 10 years Correspondence Day-to-day office and housekeeping correspondence not unique to city functions or programs. Transitory Until administrative need ends General administrative correspondence, including records created or received in the course of administering city policies/programs, but not related to significant policy/program discussions or decisions. Includes customer survey cards. Semipermanent 5 years Policy/program correspondence, documenting the formulation, adoption, and implementation of significant policy/program decisions, including letters to personnel, Certified Family Home Fire District letters, letters regarding training burns, etc. Permanent In perpetuity Department Reports Monthly, Quarterly and Annual Department reports. Permanent In perpetuity Equipment and Vehicle Test, Maintenance & Repair Records Records documenting maintenance and repairs of equipment, vehicles and other assets with a useful life generally more than five years. Includes the following: fire hose records (such as test date, date previously tested, apparatus number, station number, hose diameter, conditions found, service date, defects corrected, etc.), annual ladder inspections and test results, tests done on SCBA’s (including flow testing), etc. Vehicle maintenance records, inspections, pump testing and repair records of apparatus. Emergency medical equipment maintenance records used to verify regular maintenance of emergency medical equipment such as copies of contracts, maintenance schedules, test protocols, equipment inventory, performance test records, repair records, parts used and service reports. Per NFPA Standards 1901,1961,1852 and 1500. Permanent In perpetuity 36 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 511 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Fire & Security Alarm System Records Records documenting the department’s role in issuing permits, testing and maintaining fire and security alarms, including fire alarm and sprinkler system plans. May include permits, applications, malfunction reports, maintenance reports, and related documents. Permanent In perpetuity Fire Investigation Records Fire and arson investigation case files, including investigative reports, witness statements, photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, and incident/injury reports. Permanent In perpetuity Hazardous Materials Records Inspection records of underground and above ground fuel storage tanks. Reports and investigation results of incidents including spills and leaks, etc. Permanent In perpetuity Historical Records Newspaper clippings and articles relating to the Meridian Fire Department, photos of events. Permanent In perpetuity In-Home Care Facility Inspections Documents relating to fire code inspections performed by the department of home daycares and foster care homes. May include reports, notices, citations, occupancy and pre- fire planning records, floor plans, sketches, reports, lists and related documents. Permanent In perpetuity Inspection and Occupancy Records for Commercial Buildings Documents relating to fire code inspections performed by the department of commercial buildings. May include reports, notices, citations, occupancy and pre-fire planning records, floor plans, sketches, reports, lists, Tier II reports and related documents. Permanent In perpetuity Juvenile Fire Setter Evaluations Case files related to juvenile fire setter investigation, including investigative reports, witness statements, photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, incident/injury reports. Permanent In perpetuity Maps Maps and related records maintained by the department for address location, reference and for tracking various trends. May include lists, books and other methods of address location. Transitory Until superseded Meeting Minutes Final, approved Officer and Command Staff meeting minutes. Semipermanent 5 years Narcotics Inventory & Usage Narcotic inventory and usage- hard copy, narcotics distributed to the engine companies. Temporary 3 years 37 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 512 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD National Fire Incident Reports National Fire Incident Reporting System (NFIRS) Fire Incident Report, relating to fire run, medical emergency, casualty, hazardous materials call, false alarm, good intent, or service call. May include property release forms, civilian and fire service casualty reports, hazardous materials reports, etc. Permanent In perpetuity Patient Care Records Records related to patient care, refusal of care, denial of need for care, supplemental emergency medical services reports, diagnostic attachments to include ECG, care summary reports and vital sign reports. Permanent In perpetuity Plans, Protocols, Guidelines, Policies Records related to department operations, including Medical Supervision Plan, standing written orders, operational guidelines, administrative and operational policies. Transitory Until superseded Proof of Insurance Proof of worker’s compensation and other insurance required for training tower usage by other agencies. Transitory Until superseded Public Education Programs & Publications Records related to the design and implementation of educational and other outreach programs provided to the public by the department. May include: class descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, and publications. Semipermanent 5 years Public Record Requests Public records requests and responses. Temporary 2 years after last action Ride-Along Forms Signed waivers for persons requesting a ride- along with the department. Ride Along tracking records. Temporary 2 years Rural Fire Protection District Records All records of activities of the department or other City departments as they relate to the Meridian Rural Fire Protection District. May include: annual audits, land and apparatus acquisition records, records relating to construction of fire stations, bank statements, tax levy forms, Local Government Investment Pool statements, financial statements, annual budget records, legal notices, meeting minutes, election records, declarations of candidacy, election results, ICRMP insurance records, audio recordings of meetings. Permanent In perpetuity Structure Burn Training Records Records related to structure burns. Semipermanent 10 years 38 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 513 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Subpoena, Duces Tecum or Requiring Court Appearance Records including subpoenas for records retained by the Fire Department (duces tecum) or subpoenas requiring Fire Department personnel to appear in court. Transitory Until administrative need ends 39 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 514 of 902 HUMAN RESOURCES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Copies of administrative records including A/P invoices, expense reports, professional membership documents, etc. Transitory Until administrative need ends or record is superseded Affirmative Action; Equal Employment Opportunity Commission Reports Records documenting city compliance with the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972 and the Americans with Disabilities Act. Records include: plans, policy statements, reports, investigations, case files and related information. Also includes EEO-4 reports submitted to the Equal Employment Opportunity Commission (EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Semipermanent IC § 50-907(2)(g); 29 CFR 1602,1602.14, 1620.32 5 years from date of request or personnel action whichever is later Benefits Continuation Records documenting notice to employees, spouses and dependents informing them of their rights to continue insurance coverage after termination or disability or family leave and whether coverage was elected or rejected. Continuation may be under COBRA or another provision. Notice is also sent to a third party administrator who administers the extended coverage. Records may be filed with the Employee Benefits Records or Employee Personnel Records. Semipermanent IC § 50-907(2)(g); 29 CFR 1627.3 75 years after employee separation, expiration of eligibility, or completion of litigation, whichever is longest Budget Prep Records Working documents utilized to build base budgets and establish yearly budgets; worksheets, enhancements, amendments, etc. Semipermanent 10 years Collective Bargaining Records documenting negotiations between the city and employee representatives, including contracts, reports, negotiation notes, letters of agreement, arbitration findings, cost analyses, minutes, tape recordings, etc. Temporary IC § 50-907(3)(d); 29 CFR 516.5 3 years Committee Records Agendas and meeting minutes/notes for special groups convened by HR for specific purposes such as Benefits, Compensation, and Wellness. Semipermanent 7 years Correspondence, Administrative Correspondence created or received in the course of administering City policies and programs. Semipermanent 5 years Correspondence, Transitory Correspondence regarding day-to-day office operations and does not contain unique information about City functions or Transitory Until administrative need ends 40 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 515 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD programs. Databases Database records created and maintained for the purposes of generating reports, data files, and a variety of different outputs. Transitory Until administrative need ends or record is superseded Department Guidelines, Policies, Procedures, Processes, and Reports HR guidelines, including but not limited to, Salary Administration Guidelines. Semipermanent 10 years from date guideline in its entirety, or any part thereof, is officially replaced, updated City Standard Operating Policy/Procedure Manual. Semipermanent 20 years from date SOP Manual in its entirety, or any part thereof, is officially replaced, updated Records documenting and relating to HR processes, including but not limited to, recruiting/interviewing processes. Semipermanent 5 years from date HR process in its entirety or any part thereof, is officially replaced, updated Policies, reports, and documents regarding the internal department operations and procedures (e.g. Turnover, Recruiting reports, etc.). Semipermanent 10 years HR reports regarding department performance or other management presentations. Includes reports documenting trends, department or City performance in key areas as determined. Semipermanent 10 years Records that document the formulation, adoption and implementation of internal actions/decisions. Transitory Until administrative need ends or record is superseded Employee Benefits Records relating to city employee benefits information such as: selection of insurance plans, retirement, pension, and disability plans, deferred compensation plans, and other benefit information. Records may include but are not limited to: plan selection and application forms, enrollment records, contribution and deduction summaries, personal data records, authorizations, beneficiary information, notices of disability payment made, and related documentation. Semipermanent IC §§ 50-907(2)(g) and 45-610; 29 CFR 1627.3; 29 CFR 1602.31; IDAPA 09.01.35.081 75 years after employee separation, expiration of eligibility, or completion of litigation, whichever is longest Employee Medical Records Document an individual employee’s medical history. These records are not personnel records and must be kept in a separate location from employee personnel records as required by the Americans with Semipermanent IC §§ 50-907(2)(g) and 72-601; 29 CFR 1602.31; 29 CFR 1910.1020 75 years after employee separation, expiration of eligibility, or 41 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 516 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Disabilities Act. Records may include, but are not limited to: medical exam records (pre-employment, pre-assignment, periodic or episodic), X-rays, and records of significant health or disability limitations. completion of litigation, whichever is longest Employee Personnel Records Document of employee’s work history. Records may include, but are not limited to: employment applications, notices of appointment, training and certification records, records of health limitations, drug testing, salary schedules, personal actions, performance evaluations, awards and other special recognition, letters of recommendation, investigation information, disciplinary action, notices of layoff, letters of resignation, home address and telephone, emergency notification forms, oaths of office, grievance and complaint records, and relate correspondence and documentation. (See also Employee Benefits Records, Employee Medical Records, Recruitment and Selection Records, and Volunteer Records). Semipermanent IC §§ 50-907(2)(g) and 45-610; 29 CFR 1627.3; 29 CFR 1602.31; IDAPA 09.01.35.081 75 years after employee separation, expiration of eligibility, or completion of litigation, whichever is longest Employment Verification (I-9) of Job Applicants Document to the U.S. Immigration and Naturalization Service that an applicant or employee is eligible to work in the U.S. Information includes: employee information and verification data such as citizenship or alien status and signature, employer review and verification data such as documents, which establish identity and eligibility, and employer’s signature certifying that documents were checked. This category includes forms completed for all new hires, as superseded or previous forms completed on rehires. Temporary IC § 50-907(3)(d), 8 U.S.C. § 1324a(b)(3) (Immigration Reform and Control Act) 3 years after date of hire or 1 year after employment is terminated, whichever is later Forms Forms created for use by HR personnel to facilitate work, including Performance Review, job description template, PAR template, etc. Transitory Until administrative need ends or record is superseded Hazard Exposure Records Emergency response employees exhibiting signs or symptoms possibly resulting from exposure to hazardous substances are required to be provided medical examination and consultation. Records include: employee’s name and social security number; physician’s written opinion, recommended limitations; results Semipermanent IC § 50-907(2)(g); 29 CFR 1910.1020 75 years after employee separation, expiration of eligibility, or completion of litigation, whichever is longest 42 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 517 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD of examinations and tests; employee medical complaints related to hazardous substance exposure; description of employee’s duties as they relate to exposure; the employee’s exposure levels or anticipated exposure levels; description of protective equipment used; and information from previous medical examinations of the employee which is not readily available to physician and other information. Insurance Policies/Plans: Employee Group Health and Life Benefits Records documenting plan descriptions and summaries of city insurance policies and plans covering employee group health and life benefits, including annual certification records. Semipermanent 10 years Kinds and Levels Chart Records documenting the description, classification and compensation of city jobs and positions. Usually includes details of duties and responsibilities of each position time percentage breakdowns of tasks, skills and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Temporary IC § 50-907(3)(d); 29 CFR Part 1602 and 29 CFR 1627.3 3 years Leave Applications Applications or requests submitted by city employees for compensatory, family and medical leave, long term leave and other leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. These are not kept by Finance. Temporary IC §50-907(3)(d) 3 years Meeting Minutes Internal staff meeting records. Transitory Until administrative need ends or record is superseded Newsletters HR2You Newsletters. Transitory Until administrative need ends or record is superseded Organization Charts HR Department Organization Charts. Transitory Until administrative need ends or record is superseded Personnel Action (PAR) Forms Completed employee forms submitted to HR upon initial hire, pay increase or decrease, change of address, or change of supervisor. Semipermanent IC § 50-907(2)(g); 29 CFR Part 1602 and 29 CFR 1627.3 75 years after employee separation, expiration of eligibility, or completion of litigation, whichever is longest 43 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 518 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Photographs Photographs relating to HR sponsored/conducted City events (e.g. service awards, employee picnic, Wellness events, etc.). Transitory Until administrative need ends or record is superseded Photo Identification Photographs and other records used to identify city employees, private security personnel, contract workers and other. May include photographs taken by City for identification or prox card or driver’s license photocopy. Transitory Until superseded, obsolete or administrative needs end Position Descriptions Records documenting the description, classification and compensation of city jobs and positions. Usually includes details of duties and responsibilities of each position time percentage breakdowns of tasks, skills and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Temporary IC § 50-907(3)(d); 29 CFR Part 1602 and 29 CFR 1627.3 3 years Presentations Formal departmental presentations to Council, other formal bodies. Semipermanent 5 years Public Records Requests Public records requests and responses. Transitory 1 year after last action Recruitment and Selection Records for Applicants who are Hired Documents regarding the recruitment and selection of city employees and contracted service providers such as attorneys, auditors, consultants, etc. Records may include, but are not limited to: job announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Temporary IC § 50-907(3)(d); 29 CFR 1602.31; 29 CFR 1627.3(b)(1)(vi) 2 years Recruitment and Selection Records for Applicants who are Not Hired Documents regarding the recruitment and selection of city employees and contracted service providers such as attorneys, auditors, consultants, etc. Records may include, but are not limited to: job announcements and descriptions, applicant Temporary IC § 50-907(3)(d); 29 CFR 1602.31; 29 CFR 1627.3(b)(1)(vi) 2 years 44 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 519 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Resource Records/Notes Records including notebooks, meeting notes, to-do-lists, employee-compiled notes, etc. Transitory Until administrative need ends or record is superseded Special Projects Documents related to special, one-time projects to include, but not limited to, Employee Satisfaction Survey, Policy Review/Revision, Salary Structure Review. Semipermanent 10 years Surveys HR and other initiated internal surveys, survey results (e.g. Salary Surveys, Employee Satisfactions Surveys, Best Place to Work. Etc.). Semipermanent 10 years Telephone Records Message logs, voicemails, etc. Transitory Until administrative need ends Training Programs/HR Records related to the design and implementation of training programs provided to employees by the City. Documents may include course descriptions, instructor certifications, instructional materials, course outlines, class enrollment and attendance records, tests, test results, and related records. Semipermanent IC § 50-907(2)(g) 5 years from final presentation and/or use Training/Travel Records Records documenting attendance and presentation by HR employees at conventions, conferences, seminars, workshops, and similar training events. Includes training/travel requests, training materials, reports and related correspondence. Semipermanent 5 years Payroll Unemployment Claims Records documenting claims submitted by former city employees for unemployment compensation. Usually includes: claims, notices, reports, and related records. May also include records generated by the appeal of claim determinations. These are received by HR and kept in HR. Temporary IC §50-907(3)(d) 3 years 45 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 520 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Workers’ Compensation Records and Claims Medical records related to job assignments that document work-related injuries and illnesses, including but not limited to, hearing test records, hazard exposure records, first- aid incident records, physician statements, release consent forms and related correspondence, and records documenting claims submitted by city employees for work-related injuries and illnesses. These records are kept separate from employee personnel files. Semipermanent 30 years after employment separation 46 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 521 of 902 INFORMATION TECHNOLOGY (I.T.) DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of Information Technology employees, including but not limited to: sign in/out sheet for keys, access logs and phone logs, minutes, project files and dashboard statistics Transitory Until administrative needs ends Administrative Records Copies of: A/P invoices, Expense Reports, MIP A/P unposted Reports, Transactions, Internal Invoices, Purchase Orders, Detailed Statements of Revenues and Expenditures Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, quotes for service/maintenance Transitory 1 year or until Administrative need ends Correspondence Policy/program correspondence, documenting the formulation, adoption and implementation of significant policy/program decision Permanent In perpetuity Records created or received in the course of administering city policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Semipermanent 5 years Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to memos, notes, thank you notes, surveys, letters to businesses and citizens and day-to day office and housekeeping correspondence that does not contain unique information about City functions or programs, for example scrolling agenda and announcements. Transitory Until administrative Need ends Customer Complaints/Kudos Complaint or Compliment records including but not limited to letters, phone calls, comment cards and in person feedback from citizens, customers, developers and contractors Transitory Until administrative need ends Forms/Templates Forms/Templates created for use by the City Clerk’s Office including but not limited to visual aids, applications, checklists, land use transmittals and web documents Transitory Until administrative need ends or record is superseded 47 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 522 of 902 HR Documents Departmental employee personnel records, including but not limited to training records, coaching notes, Performance Evaluation, contact information. Record is confidential and will be kept in a locked files with manager until employment has ended; File sent to HR for retention after termination (voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Meeting Records and Notes Special Projects/Initiatives Internal meeting records and/or staff level notes generated in the course of day to day business, including but not limited to; agendas, notes and presentations Transitory Until administrative need ends or superseded Reference/Owner’s Manuals/ Handbooks Documents to include but not limited to: Owner’s Manuals and other product documentation. Transitory Until superseded or administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental Policy or program records documenting the formulation, adoption and implementation of departmental policy or program decisions. Including but not limited to Standard Operating Procedures and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure Transitory 1 year after document is replaced and/or administrative need ends Presentations Formal department presentations to Council, Chamber of Commerce or other agencies/entities or people, e.g. New Council member training, Joint Council/Commission workshop training Transitory Until administrative need ends Operational Records Backup Files A copy on a disk based backup appliance of the contents of all data from the City servers. Transitory Six months Customers Support Tool All customer support tickets opened in Case Management or similar systems. Semipermanent IC §50-907(2)(g) (other) 10 years Department Policies and Reports Policies, reports, and documents regarding internal department operations and procedures, e.g. computer usage policy, password policy, service level goals, training materials, evaluations of materials. Semipermanent IC §50-907(2)€ (dept. report) 5 years Disaster Recovery Plan Strategy for retention and recovery of network and information systems following network or server crash or failure Transitory Until superseded or updated IT Updates to Directors Updated project lists and associated priorities provided to Directors at Director meetings. Temporary IC §50-907(3)(d) (other) 2 years Internally- Generated Source Text-based programming statements or instructions that create or execute a Transitory Until superseded or updated 48 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 523 of 902 Code computer program. Internet History List of websites accessed on City computers and electronic devices. Transitory 90 days Inventory Management List of electronic devices held by City and software licensing information and specifications for each electronic device used by City. Transitory Until superseded or updated Outlook Appointments Meeting requests sent and received by employees via Outlook; appointments scheduled via Outlook by employees; meeting & appoint-ment reminders sent and received via Outlook. Transitory Until deleted by user Outlook E-mail Messages – General City Staff All e-mail messages, sent or received by City staff using Outlook software, that are stored in Outlook or the City’s e-mail archiving system. (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require). Semipermanent IC §50-907(2)(g) (other) 5 years Outlook E-mail Messages – Specific City Staff All e-mail messages, sent or received by part-time staff, seasonal staff, temporary staff, interns, or firefighters using Outlook software, that are stored in Outlook or the City’s e-mail archiving system (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require). Transitory Until deleted by user Outlook Tasks and Notes Tasks, task requests and reminders sent and received by employees via Outlook. Transitory Until deleted by user Prox Card Access History Register of which prox cards have accessed a restricted area. Transitory 90 days Security Camera Footage Video footage from security cameras mounted on and in city facilities. Transitory Until overwritten by system ShoreTel Phone History List of incoming and outgoing calls, including phone numbers and caller identification, as available. Transitory 90 days Voice Mail Messages Incoming verbal messages recorded on ShoreTel or other voice mail systems. Transitory Until deleted by user 49 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 524 of 902 MAYOR’S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of the Mayor’s Office employees, including but not limited to: sign in/out sheet for credit cards and checklists Transitory Until administrative needs ends Administrative Records Copies of: A/P invoices, Expense Reports, MIP A/P unposted Reports, Detailed Statements of Revenues and Expenditures Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, quotes for service/maintenance Transitory 1 year or until administrative need ends Correspondence Policy/program correspondence created or received, documenting the formulation, adoption and implementation of significant policy/program decision. May include correspondence relating to Commission and Committee appointments and correspondence with other government agencies. Permanent In perpetuity Correspondence created or received in the course of administering city policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. May include citizen response letters, letters to homeowner associations and businesses. Semipermanent 5 years Correspondence created or received which is not unique to City functions or programs. May include; thank you notes, invitations, and general mail. Transitory Until administrative Need ends Customer Complaints/Kudos Complaint or Compliment records including but not limited to letters, phone calls, comment cards and in person feedback from citizens, customers, developers and contractors Transitory Until administrative need ends Forms/Templates Forms/Templates created for use by the Mayor’s Office including but not Transitory Until administrative need ends or record is 50 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 525 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD limited to visual aids, applications, checklists, and web documents superseded HR Documents Departmental employee personnel records, including but not limited to training records, coaching notes, Performance Evaluation, contact information. Record is confidential and will be kept in a locked files with manager until employment has ended; File sent to HR for retention after termination (voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Meeting Records and Notes Special Projects/Initiatives Internal meeting records and/or staff level notes generated in the course of day to day business, including but not limited to; agendas, notes and presentations Transitory Until administrative need ends or superseded Reference/Owner’s Manuals/ Handbooks Documents to include but not limited to: Owner’s Manuals and code updates Transitory Until superseded or administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental Policy or program records documenting the formulation, adoption and implementation of departmental policy or program decisions. Including but not limited to Standard Operating Procedures and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure Transitory 1 year after document is replaced and/or administrative need ends Presentations Formal department presentations to Council, Community Groups or other agencies/entities or people, e.g. Strategic Update, New Council member training, and City of Meridian updates. Transitory Until administrative need ends Telephone Records Message logs, voicemails, Shortel call volume reports etc. Transitory Until administrative need ends Operational Records Agendas & Minutes Agendas and minutes of Director Meetings, Operational Meetings, Mayor’s Youth Advisory Council Meetings. Semipermanent 10 years Annual Reports Report on City’s and Mayor’s Office activities over preceding year summarizing activities and financial Permanent In perpetuity 51 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 526 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD performance. Applications Forms and materials submitted with application for positions or awards administered by Mayor’s Office, including applications for scholarships, Promise partners, Mayor’s Youth Advisory Council, volunteer positions, City commissions, and City committees or task forces. Semipermanent 10 years Attendance Sheets Sign-in sheets, where offered, for activities and events hosted by the Mayor’s Office. Transitory Until administrative needs ends City Website Content HTML text stored in data base table in CMS. Note: Source document may exist elsewhere, and be retained pursuant to separate record retention schedule. Transitory Until updated or superseded Memoranda Internal or external memoranda summarizing research, recommendations, and other information. Permanent In perpetuity News Releases A written or recorded record directed at members of the news media for the purpose of making a newsworthy announcement. Permanent In perpetuity Photos Published or historically significant photographs taken, owned, or stored by the Mayor’s Office. Permanent In perpetuity Photographs that are not used or needed for a particular purpose. Transitory Until administrative need ends Proclamations Proclamations issued by the Mayor. Semipermanent 25 years Publications Informational or promotional publications of the Mayor’s office, including newsletters, flyers, marketing Semipermanent 10 years 52 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 527 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD materials, brochures, program materials. Public Addresses Records relating to State of the City address. May include script, video, PowerPoint, program, agenda, photos. Permanent In perpetuity Records relating to State of the City addresses or speeches. May include script, video, PowerPoint, program, agenda, photos. Transitory Until administrative need ends Special Projects Documents related to special or one- time projects to include, but not limited to: Strategic Plans. Semipermanent 10 years Talking Points Records prepared to summarize issues in preparation for discussion with the public or media. Transitory Until administrative need ends Videos Videos prepared monthly for informational or promotional purposes, e.g., Celebrate Meridian. Permanent In perpetuity Videos prepared weekly for informational or promotional purposes, e.g., City Council meetings, This Week in Meridian. Temporary 2 years Raw video footage, used or unused. Transitory Until administrative need ends 53 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 528 of 902 PARKS & RECREATION DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity Logs/Reports Daily, weekly, monthly, or other reports documenting the activities of the Parks and Recreation Department employees, including but not limited to: sign in/out sheet for credit card and diesel fuel transfer tank log sheets. Transitory Until administrative need ends Lost & Found log sheets documenting items that have been lost and found by citizens in the parks and other MPR facilities. Transitory Until administrative need ends Administrative Records Copies of A/P invoices, Expense Reports, Detailed Statements of Revenues and Expenditures, Capital Improvements Plan, Parks & Recreation Facilities Depreciation Schedule, MPR Communications Plan, and other related documents. Transitory Until administrative need ends Agendas & Minutes Agendas and minutes of weekly and monthly MPR staff meetings. Semipermanent 10 years Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, and quotes for service/maintenance. Semipermanent 10 years (follows Finance) Correspondence Policy/program correspondence documenting the formulation, adoption, and implementation of significant policy/program decision. Including but not limited to Commission and Committee. Permanent In perpetuity Records created or received in the course of administering city policies, procedures or programs, but these records do not provide Semipermanent 5 years 54 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 529 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD insight into significant policy, procedure or program discussions or decisions. Including but not limited to citizen response letters. Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to memos, transmittals, notes, comments, thank you notes, letters to businesses and day-to day office and housekeeping correspondence that does not contain unique information about City functions or programs. Transitory Until administrative need ends Committee Records Agendas, meeting minutes/notes, and audio recordings of special groups convened by Parks & Recreation for specific purposes, such as understanding operational gaps and process delays (e.g., Golf Course Focus Group, Christmas in Meridian, MPR Communications Plan, and Regional Geese Management). Transitory Until administrative need ends Customer Kudos/Complaints Compliment or complaint records including but not limited to letters, phone calls, emails, comment cards and in person feedback from citizens, customers, and sponsors. Transitory Until administrative need ends Department Guidelines, Standard Operating Procedures, Policies, Processes, and Director’s Orders Administrative SOPs, policies, processes, director’s orders, etc. pertaining to facilities and recreation classes, camps, special events, and sports (e.g., Lost & Found, CableONE Movie Night, Metal Detecting, Contracted Instructors, Registrations &Refunds, Sports League Bylaws, Partnerships Between Private or Public Entities, Hot Air Balloons). Transitory Until administrative need ends 55 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 530 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Employee Time Logs and Reports Completed logs of employees’ timesheets, tasks, and location; reports and analysis of related data. Semipermanent 5 years; unless superseded by Finance Department Facility Permits Permits and materials including, but not limited to: Completed Park Alcohol and Amplified Sound Permits related to individual’s or organization’s park picnic shelter reservation, short-term concessions permits and related materials from vendors. Temporary 2 years Facility Reservation Application and Materials Completed forms and related materials collected from individuals or businesses registering for a recreation class, team, or event and other required documentation, such as proof of insurance. ___________________________ Collected Certificates of Liability Insurance from individuals or vendors. Temporary ______________ Temporary 2 years ______________ 2 years Financial Aid Applications Completed application forms and materials submitted to request financial assistance for children’s class or program (e.g., Care Enough to Share). Temporary 2 years Forms/Templates Forms/templates created for use by the Parks and Recreation Department, including but not limited to internal purchase orders form, diesel fuel transfer tank log sheet, child pick up form, medical waiver, Care Enough to Share application, Generations Plaza memorial brick application, alcohol permit application, amplified sound permit application, sports roster, sports and special events registration forms, sponsor application, volunteer Transitory Until administrative need ends 56 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 531 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD application. Grounds Maintenance Records Pesticide spray records, daily splash pad test readings, playground inspections, restroom cleaning safety data sheets, and other documents related to parks and recreation facilities. Transitory Until administrative need ends Historical Records 2028 time capsule content information. Permanent In perpetuity Annual newsletters prepared by Parks & Recreation Department highlighting construction projects, park dedications, and other efforts and initiatives. Permanent In perpetuity Copies of MPR Department Annual Reports provided to the Mayor’s Office in conjunction with the State of the City Address. Permanent In perpetuity External awards, plaques, and certificates bestowed upon the MPR Department. Permanent In perpetuity MPR Department Dashboards which document statistical data by year, including but not limited to the number of sports teams/participants/leagues, sports gym usage, Activity Guide enrollments, park shelter and field reservations, park acreage, urban forestry, pathway maintenance, volunteers, revenues, playground safety, turf maintenance, full-time staff, special events and temporary use permits, employee safety, vandalism, and other related information. Permanent In perpetuity National Recreation & Park Association (NRPA) PRORAGIS annual statistical field reports. Permanent In perpetuity 57 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 532 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Parks & Recreation Master Plan and Appendices which document current parks and recreation facilities and services, level of service, etc. and also provide the framework to respond to the evolving needs of the community. Permanent In perpetuity Park dedication plaque mock-ups detailing the dedication date, Mayor, City Council, MPR Commission, MPR staff, and other volunteers and contributors. Permanent In perpetuity Photographs, newspaper and news channel articles and clippings, press releases, and videos relating to Parks and Recreation Department including but not limited to sponsored/conducted City events; park, pathway, and facility dedications, celebrations, and ribbon cuttings; park and pathway amenities, landscape and scenery; recreation classes, camps, and sports; and staff. Permanent In perpetuity Proclamations not otherwise retained by the Clerk’s Office. Transitory Until administrative need ends HR Documents Copies of departmental employee personnel records kept in locked files with manager until employment has ended; file sent to HR for retention after termination (voluntary or involuntary). Transitory Until employment is terminated; then forward to HR Incident or Accident Reports Citizen reports of incidents, injuries, or accidents incurred during or related to a department- sponsored or department- provided class, camp, program, reservation, or activity. Temporary 2 years Indemnity Forms, Medical Release Forms, Waivers Signed waiver/indemnity agreement related to individual’s or organization’s participation in department-sponsored or Temporary 2 years 58 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 533 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD department-provided class, camp, program, reservation, activity, transportation, or travel. Marketing Materials Informational or promotional publications of the Parks & Recreation Department, including flyers, brochures, program materials, Facilities Tour/Park Ambassador/other program booklets, PowerPoint and Prezi presentations, z-cards, and videos. Semipermanent 10 years Memorial Forms Completed citizen forms requesting memorial in MPR facility under established memorial program (e.g. Generations Plaza Brick Sales form, Memorial Tree Program form). Transitory Until administrative need ends Meeting Records and Notes Internal meeting records and notes generated in the course of day to day business, including but not limited to agendas, notes, and presentations. Transitory Until administrative need ends MPR Commission Records Copies of Commission and Committee agendas and summary minutes. Transitory Until administrative need ends Copies of bylaws. Transitory Until administrative need ends Copies of contact information listing Commission members’ names, addresses, phone numbers, email addresses, etc. Transitory Until administrative need ends Copies of correspondence regarding day-to-day operations or administration. Transitory Until administrative need ends Copies of project records documenting historical or cultural significance to the City and/or Meridian community Transitory Until administrative need ends Copies of project files and reports used by MPR staff, Commission, Committee in the course of researching, developing, completing, reporting on, or acting on initiatives of the Commission/Committee. Transitory Until administrative need ends 59 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 534 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Copies of roster listing current Commission members, including names, seat numbers, and appointment dates. Transitory Until administrative need ends Presentations Formal department PowerPoint, Prezi, and other presentations to Council or others, e.g. New Council member training, Joint Council/Commission workshop training, and Meridian Development Corporation. Transitory Until administrative need ends Project Files Copies: Park, pathway, and other project/initiative records, including but not limited to contracts and agreements to which the City is a party, deeds and real property, site plans and maps, permits and inspection records, certificates of zoning compliance, conditional use permits, development agreements, preliminary and final plats, purchasing contracts, accounts payable invoices and other financial records, meeting agendas and minutes, and any other related correspondence. Transitory Until administrative need ends Recreation Activity Sign In/Sign Out Sheets Log sheets completed by parents to signify that minor has been dropped off or picked up from a department-sponsored or department-provided class, camp, program, or activity. Temporary 2 years Log sheets completed by participant confirming they have attended a class or activity. Temporary 2 years Reference/Owner’s Manuals/Books Documents to include but not limited to equipment and electronics. Transitory Until administrative need ends Resource Records/Notes Records including notebooks, meeting notes, to-do lists, employee-compiled notes, etc. Transitory Until administrative need ends Special Projects/Initiatives Documents related to special or non-confidential one-time project to include, but not limited to: Strategic Plan Initiatives, Smoke- Free Parks, and Forestry Stimulus. Transitory Until administrative need ends 60 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 535 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Sports Schedules and Scores Record of games played and final scores. Temporary 2 years Special Event Forms Completed forms from citizens and businesses participating in a special event, including but not limited to vendor and sponsor contracts and entries Temporary 2 years Surveys Internal and external outreach surveys and results, presentations, neighborhood meeting minutes, correspondence, and summary reports to solicit citizen input on parks and recreation, customer service, and process improvement. Records of public input, including survey results, neighborhood meeting minutes, correspondence, etc. Semipermanent 10 years Team Rosters Record of all individuals registered for a sports team. Temporary 2 years Telephone Records Message logs, voicemails, etc. Transitory Until administrative need ends Training Records and Resources Records including but not limited to documenting attendance and presentation by City employees at conventions, conferences, seminars, workshops, and similar training events. Includes training requests, training, and Continuing Education Unit tracking reports and other related correspondence. Transitory Until administrative need ends Tree Inventory & Abatement Inventory of all public trees maintained by City Arborist and abatement records per City Code. Permanent In perpetuity Vandalism & Restitution Records Copies of records related to park, pathway, and facility vandalism incidents and restitution, including but not limited to property damage reports, etc. Transitory Until administrative need ends Volunteer Records Applications, timesheets, and other biographical notes related to City volunteers, including Park Ambassadors, scouts, and other civic groups. These records also include records documenting Transitory Until administrative need ends 61 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 536 of 902 RECORD DESCRIPTION CATEGORY RETENTION PERIOD the activities and administration of volunteer programs in city hall and records documenting work performed for the City by citizens without compensation for their services. May include volunteer application forms, volunteer and emergency contact information, agreements, applications, skills test results, training documentation, task assignments, monitoring records, volunteer hour statistics, volunteer program publicity records, insurance information, inactive volunteer files, and related records. 62 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 537 of 902 POLICE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Administrative records including proxy card check out list, vehicle check out log, visitor log, etc. Transitory 1 year Activity Reports Daily, weekly, monthly or other reports documenting the activities of employees, including: type of activity, employees involved, time spent on activity, work completed, equipment used, etc. May include Education & Prevention Training reports. Semipermanent IC § 50- 907(2)(e) 5 years Asset Forfeiture Records Documentation pertaining to the seizure process and obtaining approval through the courts. Semipermanent IC § 50- 907(2)(a) 5 years after closure of case Briefing Records Records documenting internal communications between supervisors and shift workers or between staff on different shifts to alert them to problems, issues or activities. Records may include, but not limited to: briefing logs, ILETS/NCIC messages, and bulletins from other agencies. Transitory Until administrative need ends Bulletins from other Agencies Records including bulletins, circulars, and related records received from federal, state and local law enforcement agencies. Usually contains descriptions and photographs of fugitives, missing persons, stolen property, etc. Transitory Until administrative need ends Code Enforcement Records** Records created by code enforcement officers to document a violation or investigation into a suspected violation of city ordinance that does not become a crime report (DR). Semipermanent IC § 50- 907(2)(g) 5 years after last action Community Service and Outreach Programs Records relating to police community service programs. Records may include: publications, mailing lists, plans, evaluations, notes, reports, lesson plans and outlines, etc. Transitory Until administrative need ends Crime Analysis Records documenting police efforts to Temporary 3 years 63 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 538 of 902 Statistics anticipate, prevent, or monitor criminal activity. May include statistical summaries of crime patterns, modes of operation, analysis of particular crimes, criminal profiles, forecasts, movements of known offenders, etc. IC § 50- 907(3)(d) Crime Reports (DRs) for Suicides, Unattended Deaths, and Major Crimes (murder, involuntary manslaughter, rape, sexual abuse of a child, terrorism) Reports documenting a suicide, unattended death and/or criminal offense and actions taken, including charges or arrests. Record typically includes location of occurrence, date and time, handling officer, involved parties (suspects, victims, witnesses, reporting parties, etc.) and their personal information, summary of events and supportive documents (e.g., probable cause statements, witness statements, runaway forms, release of custody forms (juveniles), criminal background information (ILETS/Triple III, Ada LE Lookup, ISTARS, JDOC), documents provided by citizens and victims, citations, property invoices, release of property forms, etc.). May include polygraph records (e.g., pre- examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information); property and evidence control and disposition records (e.g., evidence photographs, receipt forms, evidence logs, property reports, destruction lists, property consignment sheets, seized firearm logs, homicide evidence inventories, etc.); and/or informant case files (reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants’ activities and related records). IC § 50- 907(2)(e) Prosecuted cases: 100 years after final disposition Non-prosecuted cases: 100 years after date of last investigative action Crime Reports (DRs) and Citations for other Crimes Reports documenting a criminal offense and actions taken, including charges or arrests. Record typically Semipermanent IC § 50- Prosecuted cases: 5 years after final 64 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 539 of 902 includes location of occurrence, date and time, handling officer, involved parties (suspects, victims, witnesses, reporting parties, etc.) and their personal information, summary of events and supportive documents (e.g., probable cause statements, witness statements, tow slips, administrative license suspension forms, intoxilyzer slips, field sobriety tests forms, runaway forms, release of custody forms (juveniles), criminal background information (ILETS/Triple III, Ada LE Lookup, ISTARS, JDOC), documents provided by citizens and victims, citations, property invoices, release of property forms, Leads Online printouts, shoplifting reports from store security officers, etc.). May include polygraph records (pre- examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information), abandoned vehicle reports, found property records, traffic collision reports, property and evidence control and disposition records (e.g., evidence photographs, receipt forms, evidence logs, property reports, destruction lists, property consignment sheets, seized firearm logs, homicide evidence inventories, etc.), and/or informant case files (reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants’ activities and related records). 907(2)(g) disposition Non-prosecuted cases: 5 years after date of last investigative action Criminal History Records or ILETS/NCIC reports** Records obtained via ILETS or local jail systems (Ada LE Lookup) that provides information on the accumulated criminal arrest and conviction history of an individual which may be useful in an investigation. May include summary sheet, arrest record, fingerprint Transitory Until administrative need ends 65 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 540 of 902 information, mug shot, name, aliases, residence, sex age, date and place of birth, height, weight, hair and eye color, scars, marks, tattoos, abnormalities, date of arrest, offense committed. Digital Media – Type 1 Digital media attached to a crime report for a major crime. Includes video, audio, or other digital content created by a law enforcement officer in the course of an investigation or response and attached to a crime report for murder, involuntary manslaughter, rape, sexual abuse of a child, or terrorism. Semipermanent IC § 50- 907(2)(g) Prosecuted cases: 100 years after final disposition Non-prosecuted cases: 100 years after date of last investigative action Digital Media – Type 2 Digital media attached to a crime report for a felony other than a major crime. Includes video, audio, or other digital content created by a law enforcement officer in the course of an investigation or response and attached to a crime report for a crime other than murder, involuntary manslaughter, rape, sexual abuse of a child, or terrorism. Semipermanent IC § 50- 907(2)(g) Prosecuted cases: 5 years after final disposition Non-prosecuted cases: 5 years after date of last investigative action Digital Media – Type 3 Digital media attached to a misdemeanor or infraction crime report. Includes video, audio, or other digital content created by a law enforcement officer in the course of an investigation or response and attached to a crime report for a misdemeanor crime or infraction. Transitory Prosecuted misdemeanor cases: 410 days after final disposition Non-prosecuted misdemeanor cases: 410 days after last investigative action Prosecuted infraction cases: 210 days after final disposition 66 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 541 of 902 Non-prosecuted infraction cases: 210 days after investigative action Digital Media – Type 4* Digital media not attached to a crime report or where no enforcement action was taken. Includes video, audio, or other digital content created by a law enforcement officer not attached to a crime report. Transitory 210 days Digital Media – Type 5* Digital media related to an officer complaint. Includes video, audio, or other digital content created by a law enforcement officer in the course of an investigation or response relevant to a complaint about such response or officer. Temporary IC § 50- 907(3)(d) 2 years Digital Media – Recorded in Error Digital media recorded in error. Includes video, audio, or other digital content created by a law enforcement officer unrelated to an investigation or response. Transitory Until administrative need ends Field Interview Reports (FI cards) An informational document written by police officers relating to individuals, events, or vehicles for which the officer does not have probable cause for enforcement. Typically includes name and current address of person contacted, physical description of person or vehicle, officer’s name, location of contact, date and time, reason for contact, etc. Semipermanent IC § 50- 907(2)(g) 5 years Grant Records Applications and required reporting documents for grants to support law enforcement initiatives and programming (e.g., crime prevention, substance abuse programs, criminal justice, SWAT). Semipermanent IC § 50- 907(2)(g) 10 years after grant closeout 67 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 542 of 902 Gun Dealers’ Sales Records Records documenting purchases of guns from dealers. May include duplicate register sheets mailed by the dealer to MPD and triplicate register sheets mailed by the dealer to ISP for criminal records checks and forwarded to MPD. May include sheet number, sales person, date and time, city, serial number, make, model, caliber, purchaser’s information, and signatures. Transitory Until background check is completed and administrative need ends Health & Welfare Referrals/ APS & Daycare Complaints Referrals of suspected child abuse, adult abuse and daycare complaints. Semipermanent IC § 50- 907(2)(g) 5 years from closure of referral or case. Informant Case Files not Attached to Crime Report** Records documenting information about informants used by department personnel. Records typically include reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants’ activities and related records. Transitory Until administrative need ends Internal Affairs Files Records documenting department’s investigation of an officer’s role in an incident for the purpose of evaluating compliance with department policy and professional standards. Records typically include investigative materials (video and audio recordings, written statements, narratives, analysis), polygraph records (pre- examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information), and recommended disciplinary actions, if any. Semipermanent IC §§ 50- 907(2)(g) and 45-610; 29 CFR 1627.3; 29 CFR 1602.31 75 years after employee separation or completion of related litigation, whichever is longest Intoxilyzer 5000en, Draeger 9510 and LifeLoc Instrument Records Factory and State of Idaho certificates for instrument; log of each person that takes the breathalyzer test and verification testing. May include suspect name, date, time, results, Temporary IC § 50- 907(3)(d) and IDAPA 3 years after certificate has been issued 68 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 543 of 902 operator name, calibration check results, simulated temperature in range, comments, etc. 11.03.01.013.06 Intoxilyzer 5000EN,LifeLoc FC20, and Draeger 9510 User Certifications and Class Roster User certification cards and class roster for Meridian police officers. Intoxilyzer instructor replaces with each new certification period. Transitory Until administrative need ends Local Records Check/ Backgrounds Local records check of police contacts requested by OPM, FBI or military for their employment purposes Transitory 1 year after submission to requestor Master Name Index Records Information on individuals who are field interviewed, individuals who are arrested, suspects or accomplices in crimes, victims, complainants, and witnesses to incidents. Information typically includes name, address, date of birth, race, sex, date and time of incident or contact, case number (DR#), citation numbers and other identifying data. Semipermanent IC § 50- 907(2)(g) 100 years Multiple Firearms Backgrounds Background applications for multiple firearm purchase requests. Transitory 18 U.S.C. § 922(t)(2)(C); 28 CFR § 25.9(d) Immediately after completion Parking Citations Police department copy of citations issued for parking violations. Record typically includes date and time, location of offense, vehicle license plate information, code violation number, and issuing officer. (Parking citations that are paid are sent to City Hall Finance Department. Parking citations that are unpaid and lead to court summons are sent to the City Prosecutor’s office.) Transitory 6 months after final disposition Photo Identification Records Records with photos used to identify employees, private security personnel, contract workers, etc. May include photos taken for employee Transitory Until administrative need ends 69 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 544 of 902 identification cards, prox cards, etc. Public Records Requests Written public records requests, responses, records provided, and original (unredacted) records. Transitory 1 year after response provided Radar Equipment, Certifications, and Maintenance Rrecords Records documenting the calibration and maintenance of radar equipment that may be useful in documenting the accuracy of the readings. Often includes original factory certification of calibration. Information relating to maintenance and repair may include a description of the work completed, parts used, date of service, equipment number, make, model, etc. Temporary IC § 50- 907(3)(d) 3 years after retirement of equipment Training Materials Records related to training programs provided to MPD personnel by presenters including City employees, contractors, or other presenters. May include course descriptions, instructor certifications, instructional materials, course outlines and handouts, and attendance records. Semipermanent IC § 50- 907(2)(g) 5 years from final presentation and/or use Vacation Watch Forms Records documenting inspection of properties when the owner/occupant is away. May include name, address, date requested, vacation beginning and ending time, emergency contact information, special conditions, date and time officers check the property, etc. Transitory Until administrative need ends Victim Witness System Notations and documents documenting contact with victims and witnesses. Semipermanent IC § 50- 907(2)(g) 20 years after investigation closure or disposition of case, whichever is later Written Warnings Written notice provided by MPD officer to member of the public to bring attention to a potential or actual violation. Semipermanent IC § 50- 907(2)(g) 5 years 70 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 545 of 902 * Note: Where record is used for legal, training, or purposes other than those enumerated in retention period, that record shall be retained according to the retention period established for other records similarly used. ** Note: Where record is embedded with a crime report (DR), it shall be retained according to the retention period established for the crime report. 71 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 546 of 902 PUBLIC WORKS DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD All Department Records Accessibility Records, City-Owned Facilities Contractor logs, key list, and any other records documenting access to City- owned buildings by authorized persons. Transitory Until administrative need ends or record is superseded Activity Reports Daily, weekly, monthly or other reports documenting the activities of Public Works Department employees, including: type of activity, employees involved, time spent on activity, work completed, equipment and fuel used, reports, logs, log sheets, and related records. Transitory Until administrative need ends or record is superseded Ada County Highway District (ACHD) Permits Permits issued by Ada County Highway District (ACHD) to dig in public utility easement. Semipermanent 5 years Administrative Records Clothing order spreadsheets, copies of: Accounts Payable invoices, expense reports, leave request logs, MIP Accounts Payable invoices, professional membership documents, evacuation checklists and on call yearly roster logs. Transitory Until administrative need ends or record is superseded Alarm Monitoring / Test Results Reports Reports of monitoring fire alarms, security alarms and sprinkler tests for all relevant City-owned facilities including annual fire alarm testing, annual backflow testing, quarterly sprinkler testing in Sapphire suppression system, monthly fire pump runs, and monthly check on fire extinguishers and Sapphire. Semipermanent 5 years Budget Preparation Records Work documents utilized to build base budgets and establish yearly budgets, including vehicle replacement worksheets, enhancements, amendments and carry forward support. Semipermanent 10 years Correspondence, Administrative Correspondence created or received in the course of administering City policies, procedures, or programs. Semipermanent 5 years Correspondence, Transitory Day-to-day office and housekeeping correspondence that does not contain unique information about City functions or programs. Transitory Until administrative need ends Customer Complaints Complaint letters, notes on phone calls and in person complaints from customers/citizens. Transitory Until administrative need ends 72 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 547 of 902 Databases Database records created and maintained for the purposes of generating reports, data files, and a variety of different outputs. Transitory Until administrative need ends or record is superseded Departmental Reports Department reports, performance management presentations. Semipermanent 10 years Engineering Capital and Enhancement Plan (ECEP) Reports Engineering Capital & Enhancement Plan (ECEP) – 5 year Capital Improvement Plan Reports. Semipermanent 10 years Equipment Maintenance and Repair Records Records of repair and maintenance of equipment assigned to Public Work, including but not limited to: generators, sewage lift pumps, water pumps, office equipment, and furniture. Records may include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Transitory Until asset is removed from service or until administrative need ends. Facility Assessments, Maintenance, and Repair Records Records regarding maintenance and repairs of buildings and grounds owned or leased by the City including assessments of the condition of City- owned buildings, summaries, logs, reports, and similar records usually compiled from daily work records. Transitory Until administrative need ends or record is superseded Forms Forms created for use by Public Works personnel to facilitate their work including but not limited to performance review forms, project forms, staff forms, communication forms, and record retention labels. Transitory Until administrative need ends or record is superseded Geographic Information Systems, Digital Orthophotography Images Aerial photographs of properties within the City. Permanent In perpetuity Geographic Information Systems, GIS Data Points, lines, attributes, and polygons relating to infrastructure that the City owns or maintains. Transitory Until superseded Geographic Information Systems, Maps A visual representation of data within a particular geographical area. Also includes maps and data provided by outside agencies including edge of pavement, parcels, roads, and others. Transitory Until administrative need ends Health and Safety Manual Documents related to the Public Works Department Health and Safety Manual. Transitory Until administrative need ends or record is superseded 73 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 548 of 902 HR Documents Departmental employee personnel records should be kept in the appropriate Division’s file until employment has been terminated (involuntary or voluntary) and then the file should be sent to HR for retention. Transitory Until employment is terminated; then forward to HR Maintenance Request Record Records documenting requests and responses thereto concerning a variety of maintenance responsibilities carried out by the Public Works Department. Examples include, but are not limited to: brushing and limbing, road grading, rocking, sealing, patching, and marking, traffic signals and signs, City-owned buildings and equipment, and water and sewer system problems. Temporary 2 years Master Plan Records Records that document the present and projected needs of the City for water, sewer, storm drainage, streets, bike paths, and other utility related systems. Includes an implementation schedule for construction, plans, reports, evaluations, cost analyses, drawings, and related documents containing rates, inventory evaluations, system rehabilitation or replacement, distribution of services, etc. Permanent In perpetuity Meeting Minutes Internal meeting agendas, minutes, sign- in sheets Semipermanent 5 years Photos, Building Maintenance Photos relating to repair and replacement of City-owned equipment, material, and facilities. Semipermanent Keep records requiring engineering stamps 2 years after life of structure. Keep all other records 10 years. Photos, Construction Photos relating to Public Works construction activities, infrastructure, inspection photos, etc. Permanent In perpetuity Photos, General Photos related to Public Works Department activities and other general use pictures. Transitory Until administrative need ends Potential Exposure Records Report created when personnel is exposed or potentially exposed to a chemical, including SDS sheet of the chemical involved. Record is placed in the employee personnel record. Transitory Until employment is terminated; then forward to HR Presentations Departmental presentations. Semipermanent 10 years Preventative Maintenance Work Plans Preventative maintenance schedules, work orders. Transitory Until asset is removed from service or until administrative need ends 74 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 549 of 902 Process Documents Standard Operating Procedures, Process Flowcharts, Workflows, Responsible Accountable Consulted Informed (RACI) Charts and Process Performance Measures. Transitory Until administrative need ends Quotes Quotes from contractors and other service providers. Preliminary and final quotes for goods and services used to conduct building repairs, maintenance, or modifications. Transitory Until administrative need ends Record Drawings Revised set of drawings submitted by contractor upon completion of land development phase of a commercial, governmental, or residential project or components thereof. This includes stamped record drawings, as-builts, and wiring diagrams including but not limited to water and sewer infrastructure as installed in Meridian. Permanent In perpetuity Safety Audits Health and Safety audits. Temporary 3 years after most recent audit Safety Data Sheets (SDS) Safety Data Sheets (SDS). Also see Potential Exposure Records above. Transitory Until chemical is removed or record is superseded Safety / Health and Testing Safety and health documents including but not limited to training, auditory testing records, respirator fit test information. Semipermanent 75 years Safety Meeting Agenda / Signup Sheets Topics covered and sign-up sheet for employees who attended the meetings. Semipermanent 5 years Supervisory Control And Data Acquisition Reports (SCADA) Reports printed from Supervisory Control and Data Acquisition (SCADA) system. Transitory Until administrative need ends or record is superseded Technical Manuals, Specifications, and Warranties Owner’s manuals and warranties for City-owned vehicles and equipment. Includes specifications, operating instructions, safety information, and terms of coverage of repair or replacement of equipment. Transitory Until asset is removed from service Telephone Records A log of all messages taken both via phone and in person including, but not limited to, recorded calls, voicemails, phone call logs. Transitory Until administrative need ends 75 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 550 of 902 Training Records documenting attendance and presentation by City employees at conventions, conferences, seminars, workshops, and similar training events. Includes training requests, training and Continuing Education Unit (CEU) tracking reports, and related correspondence. Semipermanent 5 years Vehicle Inspection, Maintenance, Repair Work Orders, and Reports Maintenance records, inspection work orders for vehicles, vehicle mileage reports, repair records. Transitory Keep until vehicle is removed from service Water Rights Records related to City of Meridian Water Rights including, but not limited to, correspondence, agency filings, legal opinions, references. Permanent In perpetuity Website Public Works Department Website. Transitory Until administrative need ends or record is superseded Administration Area of Impact Records Records related to analysis of expansion of Public Works services into the Area of Impact such as those for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Semipermanent 25 years Committee Records Agendas and meeting minutes for special groups convened by Public Works such as City Services Focus Group, Construction Best Management Practices Sub-Committee, Energy. Semipermanent 5 years Department Policies Documents the formulation, adoption, and implementation of internal actions/decisions. Includes: Computer, Geographic Information System (GIS) Policy, Dress Code, Purchasing department policies. Transitory Until administrative need ends or record is superseded Educational Outreach Materials Records including but not limited to educational brochures, bookmarks, factsheets, and posters which are displayed in the division and distributed at public education outreach events. Transitory Until administrative need ends or record is superseded Emergency Master Plans Emergency plan records for City Hall, Emergency Management, and Continuity of Operations. Semipermanent 10 years Events, Public Works Records related to planning Public Works internal and external events. Semipermanent 5 years Newsletters Annual newsletter prepared by the Public Works Department. Permanent In perpetuity 76 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 551 of 902 Organization Charts Organization charts. Transitory Until administrative need ends or record is superseded Rate / Fee Records Records related to establishing utility rates and fees, including calculations, research and recommendations. Semipermanent 20 years Resource Documents / Notes Notebooks, Meeting Notes, To Do Lists, employee-compiled notes or references to assist in work including non-city lawsuits. Transitory Until administrative need ends or record is superseded Special Projects Documents related to special or one- time projects to include, but not limited to: Strategic Plans, Inventory Management, Project Information, Rail with Trail, Subdivisions, and Accreditation. Semipermanent 10 years Studies Studies related to Public Works as provided by consultants. Transitory Until administrative need ends Surveys Public Works initiated internal and external surveys and survey results. Semipermanent 5 years Capital Projects and Facilities Capital Improvement Projects for Other Departments Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project-related purchase order (PO) requisitions, project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project- related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Transitory Records are kept until project completion and then turned over to appropriate department 77 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 552 of 902 Construction Drawings Construction Drawings. Transitory Until replaced by Record Drawings Construction Punch Lists New projects inspection report on City and Development projects noting repairs that need made. Semipermanent 5 years Engineering Project File Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, purchase order requisitions (PO), project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Permanent In perpetuity Engineering Construction Drawings Construction Drawings. Transitory Until replaced by Record Drawings Correspondence, Engineering Engineering transmittals (not project- related), serviceability letters, Letters of Interest. Temporary 3 years Engineering Policies Documents the formulation, adoption, and implementation of internal actions / decisions. Includes: project design and construction assumptions and procedures, customer relations and claims guidance, time off, attendance of professional association events, and other guidance. Transitory Until administrative need ends or record is superseded 78 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 553 of 902 Engineering Project File Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project-related purchase order requisitions (PO), project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Permanent In perpetuity Fire Flow Requests Requests from customers for fire flow and responses from Engineering staff based on computer modeling. Semipermanent 75 years Mailing Lists Project mailing list. Transitory Until project completed Reference Documents Preliminary engineering reports, facility plans, other studies. Permanent In perpetuity Sewer Modeling Requests Requests from customers to run sewer model for capacity and sizing and response from Engineering staff based on computer modeling. Semipermanent 75 years Specifications Specifications such as, but not limited to the City’s Supplemental Specs, Idaho Standards for Public Works Construction (ISPWC), and American Water Works Association (AWWA). Transitory Until administrative need ends or record is superseded 79 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 554 of 902 Environmental Environmental Awards Records Awards presented to citizens and businesses in recognition of environmental contributions to the community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Semipermanent 5 years Floodplain Administration Records of floodplain development including floodplain permits and floodplain certificates. Permanent In Perpetuity Pretreatment Educational Outreach Materials Records including but not limited to educational brochures, bookmarks, factsheets, and posters which are displayed in the division and distributed at public education outreach events. Transitory Until administrative need ends or record is superseded Industrial Pretreatment Records related to the identification, inspections sampling, permitting, formalized agreements and/or contracts between the City and individual facilities within the business and industrial sectors that must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. These records and supporting documentation typically include: Industrial waste questionnaires, permit applications, permits and fact sheets, inspection reports, Industrial user reports, monitoring data (including laboratory reports), required plans (e.g., slug control, sludge management, pollution prevention) , enforcement activities, and correspondence to and from the Industrial User. Permanent In perpetuity Photos, Industrial Pretreatment Photos related to the identification, inspections sampling, permitting, formalized agreements and/or contracts between the City and individual facilities within the business and industrial sectors that must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. Permanent In perpetuity 80 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 555 of 902 Pretreatment Awards Records Awards presented to businesses in recognition of Best Management Practices (BMP) contributions to the Wastewater Resource Recovery Facility. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Semipermanent 5 years Wastewater Air Permit All documents and reports related to the Air Permit. Can include reports, manuals, data, and calibration information Semipermanent 5 years from the date of the monitoring sample, measurement, report or application; or from end of permit Biosolids All documents and reports related to biosolids production and disposal. Can include Sewer Sludge Application Site Logs and Sewage Sludge Management Plans Semipermanent 5 years, until end of the NPDES permit cycle, or longer as requested by state or federal agencies; Discharge monitoring reports kept 20 years after permit expiration Confined Space Entry Permit A written authorization prepared prior to employee entry into a Permit Required Confined Space. The Department’s permit contains specific entry space, purpose and time conditions under which the entrance will operate. Semipermanent 5 years from date issued Construction Punch Lists New projects inspection report on City projects noting repairs that need made. Semipermanent 5 years Discharge Monitoring Records Records documenting effluent quality discharged from the City wastewater treatment facility. Includes permit required supporting documentation. Semipermanent Keep discharge monitoring reports 20 years after permit expiration. Keep all other records 5 years, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer 81 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 556 of 902 Equipment Maintenance & Calibration Records Records documenting the maintenance and calibration of equipment and instruments used to undertake and monitor wastewater treatment operations. Useful to verify equipment reliability and for reference by regulatory agencies. Information includes: date, type of equipment maintained or calibrated, tests performed, repairs needed, comments, and related information. Semipermanent Keep 5 years after equipment removed from service, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. National Pollutant Discharge Elimination System (NPDES) Records Records documenting the application for and issuance of a permit to the City under the National Pollutant Discharge Elimination System (NPDES) program which allows discharge of specific pollutants under controlled conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. Semipermanent 40 CFR 122.41 Keep all records 5 years, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. Reclaimed Water Records (REUSE) Includes all records related to the reclaimed water permit. Can include permits, permit applications, manuals, plans, agreements, data and reports Semipermanent Keep for two years beyond the period of the permit, or as requested by state or federal agencies, whichever is longer. Sewer Maintenance and Repair Records Records documenting the maintenance and repair of City sewers. May include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Semipermanent Keep records requiring engineering stamps 2 years after life of structure. Keep other records 5 years or until asset is removed from service or the administrative need ends. Sewer Smoke Test Records Records documenting smoke tests undertaken to verify hookup to main sewer lines, check condition of pipes, or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of lines tested, location of leaks detected, inspector’s name, pipe size, and related information. Semipermanent 10 years 82 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 557 of 902 Sewer Television/ Videoscan Inspection Records Reports documenting television inspections used to locate problems and defects in sewer lines. Often consists of periodic inspections of existing lines, final inspections of newly constructed lines, and inspections at the end of warranty periods. Semipermanent 10 years Valve Maintenance Records Records documenting the location, specifications, maintenance, and repair of valves in the City sewer system. Includes lists, charts, drawings, reports, logs, and related records, valve location, identification number, run of pipe, size, make, year installed, depth, turns to open and normal position, narratives of valve maintenance and repair, test run, personnel completing work, dates, and related information. Semipermanent Keep location and specification records 1 year after valve removed from service. Keep all other records 5 years. Wastewater Customer Complaint Records Complaint letters, notes, or phone calls and in-person complaints from customers or citizens Semipermanent Keep all records 5 years, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. Wastewater Preventative Maintenance Work Plan Records Preventative maintenance schedules, work orders Semipermanent For the period of reclaimed water permit plus two years, until the end of the NPDES Permit cycle, or as requested by state or federal agencies, whichever is longer. Water Backflow $10 Credit Log Electronic report for customers who have their backflow tests completed by their City-mandated annual due date. Temporary 3 years Backflow Dual Connection List A list of customers who have two water connection sources for outdoor use. Transitory Until administrative need ends Backflow Surveys A survey of properties noting the location and type of hazard and type of assembly. Transitory Until administrative need ends or record is superseded Backflow Tester Information Tester information including a copy of their license, proof of insurance, and tester kit calibration. Transitory Until administrative need ends or record is superseded Backflow Tester List A list of backflow testers with their pricing. Transitory Until administrative need ends or record is superseded Backflow Tests Backflow assemblies test report. Temporary 3 years Chlorine Residuals A report showing sample dates and locations of free chlorine remaining in the City water system. Permanent In perpetuity Clothing Spreadsheet Spreadsheet with individual clothing and boot information. Transitory Until administrative need ends or record is superseded 83 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 558 of 902 Confined Space Entry Permit A written authorization prepared prior to employee entry into a Permit Required Confined Space. The Department’s permit contains specific entry space, purpose and time conditions under which the entrance will operate. Semipermanent 5 years from date issued Construction Samples Bacteria sample results taken for water line/well construction. Semipermanent 5 years Consumer Confidence Reports (CCR’s) Report mandated by EPA delivered to Meridian citizens that are connected to City water. Transitory Until administrative need ends Critical Water Users Records that identify critical water users within the City of Meridian, such as hospitals, medical facilities, schools, large corporate facilities, hotels, motels, restaurants, and the water park. This record evolves as new businesses move into Meridian and critical water users leave Meridian. Transitory Until administrative need ends or record is superseded Daily Chlorine Residuals Field notes from Chlorine residuals taken from various sample ports in the City water system. Temporary 3 years Fire Flow Reports Actual fire flow data taken from a particular fire hydrant. Semipermanent 75 years Hydrant Meter Billing Spreadsheet Billing documents from fire hydrant meter readings based on water used for construction. Transitory Until administrative needs ends Leak Letters Letters that were mailed to customer informing customer of a possible leak are attached to the service order for leak check. Semipermanent 5 years License Agreements Agreement between water purveyors (City of Meridian) and the Idaho Department of Environmental Quality (IDEQ) for discharge of domestic water into U.S waterways. Permanent In perpetuity Maximum Contaminant Level (MCL) Public Notification (DEQ) Maximum Contaminant Level (MCL) Violation notices. Required by Department of Environmental Quality (DEQ) to notify the public. Permanent In perpetuity Meter Warranty Report A report on meter warranty. Semipermanent 25 years Monitoring Waivers Sampling waivers to reduce the frequency of sampling. Permanent In perpetuity Production & Maintenance Distribution System History Repair/Maintenance history on distribution & Production system and all related equipment. Transitory Until superseded or removed 84 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 559 of 902 PRV/Wells Reads Hansen software reports on Pressure Reducing Valves (PRV) and Well reads. Permanent In perpetuity Radio Licensing Licensing spreadsheets for SCADA radios, base station and vehicle two/way radios. Semipermanent 10 years Reclaimed Water Surveys Survey reports to monitor compliance. Permanent In perpetuity Safety Inspections Inspections / Reports for Gas Monitors, Crane, Fall Protection, and Fire Inspection. Semipermanent 30 years Sampling Chain of Custody Sample report form for sampling City water for bacteria to satisfy compliance monitoring. Results are reported on separate form unless sampling is done for Bac-T. Permanent In perpetuity Sampling Equipment Calibration/Repair Forms for calibration and certification or repair of sampling equipment. Permanent In perpetuity Sampling Results/Special Sample report form for sampling the water for noncompliance monitoring. Permanent In perpetuity Service Orders Records including requests from customer, Utility Billing, or Water Division to perform work or get a read at an address as well as historical logs showing service order number. Semipermanent 5 years Spring flush notices (Mailers) Flush notices mailed to customers for spring flush of water system / Maps. Semipermanent 5 years Subdivision Map Section reports Spreadsheet with subdivision number. Transitory Until administrative need ends or record is superseded System Location Documents Maps, Photo’s, hand drawings of Water System Components. Transitory Until administrative needs ends or record is superseded Turbidity Reports Logs used for entering wasted water flushed from the water system and not sold. Flush locations are listed. Water Quality information, including Nephelometer Turbidity (NTU) readings, are documented. Semipermanent 25 years Water Asset Information Records that identify asset location and manufacturer maintenance information. Transitory Keep until asset is removed from service Water Division SOPs Standard policies and procedures for the Water Division. Transitory Until administrative need ends or record is superseded Water Meter Reports Water meter reports including: NC list, billing status report, autoread master route report, billing pre-scan report, re- reads, and water meter testing results. Semipermanent 5 years Water Quality Correspondence Any mailed correspondence with labs, customers, regulators concerning sampling. Semipermanent 15 years 85 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 560 of 902 Water Quality Master Log Records documenting water quality calls from customers. Semipermanent 25 years Well Disconnects Documents on private well disconnects. Permanent In perpetuity 86 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 561 of 902 IDAHO STATUTE TITLE 50, CHAPTER 9, SECTION 50-907 TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 9 ORDINANCES -- CITY CODE – RECORDS 50-907. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS. (1) "Permanent records" shall consist of: (a) Adopted meeting minutes of the city council and city boards and commissions; (b) Ordinances and resolutions; (c) Building plans and specifications for commercial projects and government buildings; (d) Fiscal year-end financial reports; (e) Records affecting the title to real property or liens thereon; (f) Cemetery records of lot ownership, headstone inscriptions, interment, exhumation and removal records, and cemetery maps, plot plans and surveys; (g) Poll books, excluding optional duplicate poll books used to record that the elector has voted, tally books, sample ballots, campaign finance reports, declarations of candidacy, declarations of intent, and notices of election; and (h) Other documents or records as may be deemed of permanent nature by the city council. Permanent records shall be retained by the city in perpetuity, or may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (2) "Semipermanent records" shall consist of: (a) Claims, canceled checks, warrants, duplicate warrants, purchase orders, vouchers, duplicate receipts, utility and other financial records; (b) Contracts; (c) Building applications for commercial projects and government buildings; (d) License applications; (e) Departmental reports; (f) Bonds and coupons; and (g) Other documents or records as may be deemed of semipermanent nature by the city council. Semipermanent records shall be kept for not less than five (5) years after the date of issuance or completion of the matter contained within the record. (3) "Temporary records" shall consist of: (a) Building applications, plans, and specifications for noncommercial and nongovernment projects after the structure or project receives final inspection and approval; (b) Cash receipts subject to audit; (c) Election ballots and duplicate poll books; and (d) Other documents or records as may be deemed of temporary nature by the city council. Temporary records shall be retained for not less than two (2) years, but in no event shall financial records be destroyed until completion of the city's financial audit as provided in section 67-450B, Idaho Code. (4) "Historical records" shall consist of records which, due to age or cultural significance, are themselves artifacts of historical value. Historical records have enduring value based on the administrative, legal, fiscal, evidential or historical information they contain. Historical records shall be retained by the city in perpetuity or may be transferred to the Idaho 87 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 562 of 902 state historical society's permanent records repository pursuant to subsections 8. and 9. of section 67-4126, Idaho Code, upon resolution of the city council. (5) Each city council shall adopt by resolution a records retention schedule, listing the various types of city records and the retention period for each type of record. (6) The city may reproduce, retain and manage records in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the record in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document. (a) If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI). (b) If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch. (c) A record retained by the city in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such record, certified by the city clerk, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing. (d) Once a semipermanent or temporary record is retained in a nonpaper medium as authorized by this section: (i) The original paper document shall be considered a duplicate of the record, and may be summarily disposed of or returned to the sender; and (ii) The provisions of this section related to retention and destruction of semipermanent and temporary records shall apply only to the record retained in the nonpaper medium. (e) Once a permanent record is retained in a nonpaper medium as authorized by this section: (i) The original paper document shall be considered a copy of the record and may be destroyed after compliance with the provisions of this subparagraph. Prior to destruction of original paper documents, the city clerk shall provide written notice, either by electronic or physical delivery, including a detailed list of the documents proposed for destruction to the Idaho state historical society. The Idaho state historical society shall have thirty (30) days after receipt of the notice to review the list and respond in writing, either by electronic or physical delivery, to the city clerk identifying any documents that will be requested to be transferred from the city to the historical society for retention in the permanent records repository. Any documents that will not be transferred for retention in the permanent records repository may be destroyed. If the city clerk receives no written response within thirty (30) days after the notice was received by the historical society, then the records proposed for destruction may be destroyed. (ii) The provisions of this section related to retention of permanent records shall only apply to the record retained in the nonpaper medium. (f) Even if a historic record is retained in a nonpaper medium as authorized by this section, the original paper record shall also be retained by the city in perpetuity, or it may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (g) Whenever any record is retained in a nonpaper medium, the city clerk shall maintain, throughout the scheduled retention period for such record, suitable equipment for displaying such record at not less than original size and for making copies of the record. (h) Whenever any record is retained in a nonpaper medium, it shall be made in duplicate and the custodian thereof shall place one (1) copy in a fire-resistant vault or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record. (7) Destruction or transfer of records: 88 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 563 of 902 (a) Permanent records shall not be destroyed, except for paper originals of permanent records retained in a nonpaper medium as provided in subsection (6)(e) of this section. Permanent records may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (b) Semipermanent records may be destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of semipermanent records retained in a nonpaper medium as provided in subsection (6)(d) of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed. (c) Temporary records may be destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of temporary records retained in a nonpaper medium as provided in subsection (6)(d) of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed. (d) Historical records may not be destroyed but may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. History: [50-907, added 2005, ch. 41, sec. 2, p. 164; am. 2016, ch. 226, sec. 1, p. 621.] 89 | Page Meridian City Council Meeting Agenda August 21, 2018 – Page 564 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6M Project File Number: Item Title: Resolution 18-2096 Resolution No. 18-2096: A Resolution for the Re -Appointment of Victoriah Madrigal as a Youth Commissioner to the Meridian Solid Waste Commission. Meeting Notes u APPROVED I TEM SHEET C ouncil Agenda I tem - 5.M. Presenter: C.J ay C oles Estimated Time f or P resentation: 1 minute Title of I tem - Resolution No.18-2096: A Resolution for the Re-Appointment of Victoriah M adrigal as a Youth Commissioner to the M eridian S olid Waste C ommission. R eso reappointing Victoriah Madrigal to S WA C C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Reso reappointing Victoriah Madrigal to S WA C Resolution 8/3/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/3/2018 - 1:54 P M L egal.A lbertson, Michelle Approved 8/3/2018 - 1:59 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 565 of 902 CITY OF MERIDIAN RESOLUTION NO. I S " L C19 ( Q BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING VICTORIAH MADIRGAL AS A YOUTH MEMBER TO THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 6 establishes the Meridian Solid Waste Advisory Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to solid waste within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the reappointment of Victoriah Madrigal to the Meridian Solid Waste Advisory Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Victoriah Madrigal is hereby reappointed as Youth Member of the Meridian Solid Waste Advisory Commission, for a term to expire on August 31, 2019. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 2A5 day of August, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 21 s�day of August, 2018. ATTE', A T11i1 - -- _ VICTORIAH MADRIGAL - YOUTH COMMISSIONER APPOINTMENT FOR MERIDIAN SOLID WASTE ADVISORY COMMISSION Page I of I City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6N Project File Number: Item Title: Resolution 18-2097 Resolution No. 18-2097: A Resolution for the Re -Appointment of Randy -B Funk as a Youth Commissioner to the Meridian Arts Commission. Meeting Notes 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.N. Presenter: C.J ay C oles Estimated Time f or P resentation: C.J ay C oles Title of I tem - Resolution No. 18-2097: A Resolution for the Re-Appointment of Randy-B F unk as a Youth C ommissioner to the M eridian Arts Commission. R eso reappointing Randy-B F unk to A rts Commission C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Reso reappointing R andy-B F unk to A rts C ommission Resolution 8/3/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/3/2018 - 1:57 P M L egal.A lbertson, Michelle Approved 8/3/2018 - 1:58 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 567 of 902 CITY OF MERIDIAN RESOLUTION NO. 100 d 2 (P 1 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, RE -APPOINTING RANDY -B FUNK AS A YOUTH MEMBER TO THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Meridian Arts Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to arts within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the re -appointment of Randy -13 Funk to the Meridian Arts Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Randy -13 Funk is hereby re -appointed as Youth Member of the Meridian Arts Commission, for a term to expire on August 31, 2019. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 21 day of August, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this2, day of August, 2018. ATTE: Lo APPROVED: RANDY -B FUNK - YOUTH COMMISSIONER APPOINTMENT FOR MERIDIAN ARTS COMMISSION Page 1 of 1 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 60 Project File Number: Item Title: Resolution 18-2098 Resolution No. 18-2098: 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 25.05 Acres Known As Compass Charter Schoo Generally Located At The Northwest Corner Of W. Franklin Road And N. Black Cate Road, In The Sw Y4 Of Section 10, Township 3 North, Range 1 West, Meridian, Idaho; And Providing An Effective Date. Meeting Notes rte✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 5.O. Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Resolution No. 18-2098: A Resolution Of T he M ayor And City Council Of T he C ity Of M eridian To Amend T he F uture L and Use M ap Of T he 2002 C omprehensive P lan F or 25.05 Acres Known As C ompass C harter School Generally L ocated At T he Northwest C orner Of W. Franklin Road And N. B lack C ate Road, In T he Sw ¼ Of S ection 10, Township 3 North, Range 1 West, M eridian, Idaho; And Providing An Effective Date. C omp Plan Amendment for C ompass C harter School C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate C PA M Reso - C ompass Charter S chool Resolution 8/16/2018 C PA M Reso - C ompass Charter S chool - E xhibit A E xhibit 8/16/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/16/2018 - 3:10 P M L egal.A lbertson, Michelle Approved 8/16/2018 - 3:21 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 569 of 902 CITY OF MERIDIAN RESOLUTION NO. 18 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 25.05 ACRES KNOWN AS COMPASS CHARTER SCHOOL GENERALLY LOCATED AT THE NORTHWEST CORNER OF W. FRANKLIN ROAD AND N. BLACK CATE ROAD, IN THE SW 1/40F SECTION 10, TOWNSHIP 3 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 25.05 acres of land from R-15 (Medium -High Density Residential) to ME (Mixed Employment). Said land is known as Compass Charter School and is generally located at the northeast corner of W. Franklin Road and N. Black Cat Road., in the SW 1/4 of Section 10, Township 3 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 - COMPASS CHARTER SCHOOL -H-2018-0048 Page I 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 215�day of August, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 2 � Sr day of August, 2018. FEW ' :_ 1 A -A (: l Mayor y de Weerd ATTEST: QORPT E D A (jC OQ` ST By: 01 �� o C ay Coles,Ity Clerk ER IDI ANN— IDANo SEAL/ COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - COMPASS CHARTER SCHOOL -H-2018-0048 Page 2 of 2 Exhibit A: Existing & Proposed Future Land Use Map Compass Charter School – H-2018-0048 Meridian City Council Meeting Agenda August 21, 2018 – Page 572 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6P Project File Number: Item Title: Approval of Task Order 10926.a Professional Services Approval of Task Order 10926.a for Professional Services for "Electrical Plans Examining Services" to KELLER ASSOCIATES, INC., for the Not -To - Exceed amount of $500,000.00. Meeting Notes 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.P. Presenter: Estimated Time f or P resentation: Title of I tem - Approval of Task Order 10926.a for P rofessional Services for “E lectrical P lans Examining Services” to K E L L E R AS S O C I AT E S , I NC., for the Not-To-E xceed amount of $500,000.00. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 8/16/2018 Task Order 10926.a Cover Memo 8/16/2018 B udget R eport Cover Memo 8/16/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 8/16/2018 - 5:18 P M F inance.B aird, Ted Approved 8/16/2018 - 5:29 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 573 of 902 Page 1 Memo To: C.Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Cameron Arial, Brent Bjornson Date: 8/16/2018 Re: August 21 st City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 21 st City Council Consent Agenda for Council’s consideration. Approval of Task Order 10926.a for Professional Services for “Electrical Plans Examining Services” to KELLER ASSOCIATES, INC., for the Not-To-Exceed amount of $500,000.00. Recommended Council Action: Approval of Task Order 10926.a to Keller Associates, Inc. for the Not-To-Exceed amount of $500,000.00 and also authorize Purchasing Manager to sign Purchase Order for the Not-to-Exceed amount of $500,000.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda August 21, 2018 – Page 574 of 902 TASK ORDER NO. 10926.4 Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN This Task Order is made this 156 day of August 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 'City", and accepted by KELLER ASSOCIATES, lnc., hereinafter refened to as KELLER ASSOCIATES pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated August 6, 2018. The Project Name for this Task Order is as follows: CITY OF MERIDIAN Electrical Plans Examining Services SCOPE OF WORK Our scope is to provide electrical plan examination services for projects designed and crnstructed under the 20 17 National Electrical Code (NEC) as well as City and State amendments. Task 1 - Electrical Plans Examination Deliverables Perform electrical plans examination to achieve and verifu minimum code compliance with the adopted 2017 National Electrical Code and per local and state code amendments on projecls the City identifies as requiring electrical plan revtew. ASSUMPTIONS Task Ord6r - Kelle. & Associates P8g€ 1ot4 CIW OF MERIDIAN (OWNER) AND KELLER ASSOCIATES, lNC. (Electrical Plans Examining Service Provider) Meridian City Council Meeting Agenda August 21, 2018 – Page 575 of 902 While preparing our scope of services and fee estimate, we have made the following assumptions: . KELLER ASSOCIATES shall perform electrical plan review assigned to KELLER ASSOCIATES by City. KELLER ASSOCIATES will perform the following minimum baseline process when performing electrical plan review; a 1. Performs electrical plan review electronically from the City X drive. 2. Sends electronic plan review comments to the applicant and notates the City Accela software. 3. Saves plan review comments and report and the final approved electrical plans to the 'approved contract documents folde/'of the City X drive. 4. Signs off the wod<flow record in the City Accela software. 5. ln September 2018, KELLER ASSOCIATES will continue to use Accela and Project Dox for electrical plan review and workflow status. 6. Communicates with City electrical inspectors, architects, engineers, City staff, and project owner as needed. TERM OF SERVICE and COMPENSATION SGHEDULE Services are to be provided for twelve (12) consecutive months from the date of the Notic,e to Proceed. COMPENSATION AND INSPECTION TURN AROUND TIME SCHEDULE Task Description Tum Around Time Gompensation I ElectricalPlan Review 1. First comments is ten business days. 2. Resubmittals and plan modifications shall be reviewed as soon as they are received. (See table below) NOT TO EXCEED AMOUNT: Task Order - Keller & Associates Page 2 ol 4 Meridian City Council Meeting Agenda August 21, 2018 – Page 576 of 902 Compensation table; Project Electrical Valuation 0 to $25,000 Over $25,000 to $50,000 Over $50,000 to $250,000 Over $250,000 to $1,000,000 Over $1,000,000 to $10,000,000 Over $10,000,000 Plan Review Fee $240.00 $240.00 Plus $5.00 for each additional $1,000 or fraction there of over $25,000 $365.00 Plus $3.30 for each additional $1,000 or fraction there of over $50,000 $1,025.00 Plus $2.90 for each additional $1,000 or fraction there of over $250,000 $3,200.00 Plus $2.00 for each additional $1,000 or fraction there of over $1,000,000 $21,200.00 Plus $1.10 for each additional $1,000 or fraction there of over $10,000,000 The Not -To -Exceed amount to complete all services listed above for this Task Order is five hundred thousand dollars ($500,000). Fees pertaining to services provided under this Task Order shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with the above schedule Net 30 of the City's receipt of the invoice for services rendered, following attainment of the specified Milestone. No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. No travel or reimbursable expenses will be paid. CITY OF MERIDIAN Tamm e eerd, Mayor Dated: KELLER ASSCOCIATES, Inc. BY: -1? -). -I, . Rod J. Linja, President Dated: � / / L,/2- ° ' i, Task Order — Keller & Associates Page 3 of 4 Purchasing Division Community Development Department BY Cameron Arial, Director{€itHJatteil*anagnr o^rsr*rr..r=-rt,LL L.alOEr CFD i,r Dated:g. tb ,tB Dated:*/te/,r' Task Oder - Keller & AssoclatEs Paqe 4 of4 Meridian City Council Meeting Agenda August 21, 2018 – Page 578 of 902 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 1940 - Building Department 01 - General Fund From 10/1/2017 Through 9/30/2018 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 57410 Legal Notices 0000 NON-DEPARTMENTAL 0.00 35.52 (35.52)0.00% 10924 Structural Engineering Plan Review & Calc Review 0.00 69.00 (69.00)0.00% 10925 Commercial & Residential Building Plan Review Services 0.00 69.00 (69.00)0.00% 10926 Electrical Plan Review 0.00 67.62 (67.62)0.00% 10927 Building Inspection 0.00 69.00 (69.00)0.00% 10928 Electrical Inspection 0.00 66.24 (66.24)0.00% Total OPERATING COSTS 0.00 376.38 (376.38)0.00% TOTAL EXPENDITURES 0.00 376.38 (376.38)0.00% Date: 8/16/18 03:15:06 PM Page: 1Meridian City Council Meeting Agenda August 21, 2018 – Page 579 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 6Q Project File Number: Item Title: AP Invoices for Payment AP Invoices for Payment 8/22/18 - $1,602,722.16 Meeting Notes uy APPROVED I TEM SHEET C ouncil Agenda I tem - 5.Q. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 8/22/18 - $1,602,722.16 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment 8/22/18 - $1,602,722.16 Cover Memo 8/16/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 8/16/2018 - 12:19 P M F inance.J ohnson, Chris Approved 8/16/2018 - 10:19 A M Meridian City Council Meeting Agenda August 21, 2018 – Page 580 of 902 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A & i DISTRIBUTORS hydraulic oil for tractors - qty 3 116.52 01 General Fund ABSOLUTE SECURITY OF IDAHO 8/10/18 Settlers Park Movie Night security - qty 4 staff 272.00 01 General Fund ABSOLUTE SECURITY OF IDAHO 8/3/18 Settlers Park Movie Night security - qty 4 staff 272.00 01 General Fund APEX INTEGRATED SECURITY SOLUTIONS 18-0413 Access control additions-for Bldg Evo TI-flr 1&2 5,117.22 01 General Fund ARBOR DAY FOUNDATION 2018-2019 Friends of Tree City USA membership dues - E Huff 15.00 01 General Fund ASSOC OF IDAHO CITIES AIC 3A district Mtg GMilam 4/26/18 Nampa 15.00 01 General Fund ASSOC OF IDAHO CITIES AIC Conf 10 youth registration Boise June2018 2,950.00 01 General Fund ASSOC OF IDAHO CITIES AIC Conf 6/20-6/22/18 Jodi StMartin 295.00 01 General Fund ASSOC OF IDAHO CITIES Registration, C. Coles & C. Johnson, ICCTFOA Conf, Coeur d'A 430.00 01 General Fund B&W WRECKER SERVICE Tow Vehicle from Officer Involved Shooting, CITF-2018-4409 195.00 01 General Fund BACKGROUND SOLUTIONS LLC Background Assistant Software - 50+1,590.00 01 General Fund BARKIDAHO LLC Refund, Rec# 10896674, Withdrew from Comm Block Party 150.00 01 General Fund BATTERIES PLUS AA & AAA Batteries for CID, 6V Batteries for Patrol Mag Lite 383.50 01 General Fund BELFOR USA GROUP INC 220/water leak repair, St. 5, under sink 1,822.90 01 General Fund BLUE CROSS OF IDAHO August 2018 Blue Cross Insurance 315,132.50 01 General Fund BOUNDTREE MEDICAL 220/tourniquet, blood tube holder, suction unit 946.57 01 General Fund BRADY INDUSTRIES, LLC.220/detergent, st. 4 56.54 01 General Fund BRADY INDUSTRIES, LLC.220/janitorial St. 4, cleaner, detergent 263.21 01 General Fund BRADY INDUSTRIES, LLC.220/janitorial St. 5, detergent, soap, vacuum, laundry det 342.19 01 General Fund BRADY INDUSTRIES, LLC.220/janitorial, St. 3, detergent, cleaner, towels 115.16 01 General Fund BRADY INDUSTRIES, LLC.220/janitorial, St. 5, cleaner, detergent, soap, truck wash, 430.39 01 General Fund BRIAN SCHREINER instructor fee - Fine Art Acrylic Painting 6/19-7/31/18 x 7 392.00 01 General Fund BRIGHTON PROPERTIES, LLC Refund Surety 2017-0110 Hills Century Farm Sub#7 landscaping 81,480.00 01 General Fund BROWNELLS Firearm Equipment 1,524.91 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery & Tires for Unit # 122 813.83 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery, #8 Fuel Injector for Unit # 129 474.75 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Body Control Module Replacement Unit # 18 690.74 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC C20825 vin#315210-battery replacment 179.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Front Brakes for Unit# 156 507.38 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Transmission Fluid Service Unit# 162 164.95 Date: 8/16/18 10:07:37 AM Page: 1Meridian City Council Meeting Agenda August 21, 2018 – Page 581 of 902 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Air Filter for Unit # 13 79.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Air Filter for Unit # 9 76.59 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Tires for Unit # 49 788.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 121 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 154 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 155 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 160 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 53 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 62 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Front Brakes, Tires & Alignment for Unit #161 1,160.82 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change, tire rotation, battery-truck 19-C17707 194.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replace Engine Cooling Fan Motor for Unit # 119 282.36 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Trunk Latch,Isolator Warranty, Front Brakes for Unit #128 675.40 01 General Fund CABLE ONE 220/internet & wifi @ FSC 100.22 01 General Fund CANYON TRUCK UPFITTERS brake controllers for trucks 5, 6, 18, 26, 3, 10 621.00 01 General Fund CERTIFIED LABORATORIES grease for Lanark Parks Shop - qty 1 case 395.10 01 General Fund CHAVCO TREE & LANDSCAPE SERVICES, INC. 18-0317 tree trimming at Bear Creek Park 800.00 01 General Fund CHRISTY ANDERSON Refund, Cancelled Shelter at Storey Park 101.00 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 18-0084 Prosecution Svc Legal Svc Aug2018 29,975.49 01 General Fund CITY OF BOISE FIRE DEPARTMENT 220/CPR program, City Training, AHA Cards, qty 8 136.00 01 General Fund CURTIS CLEAN SWEEP INC sweep & detail Storey Park after July 4, 2018 event 180.00 01 General Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, August 2018, #0133-0000 19,353.90 01 General Fund DISCOVERY BENEFITS Flex Deductions - August 2018 20,064.57 01 General Fund DONE RITE TREE CO.tree pruning & removal at Fire Station #3 2,450.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. 18-0160 Equipment & Labor to Build New Vehicle 8,390.00 01 General Fund FAMILY TANG SOO DO instructor fee - Martial Arts 7/6-7/27/18 - qty 18 536.00 01 General Fund FIRE EXTINGUISHER CO 220/recharge fire extinguishers 34.00 01 General Fund FRANKLIN BUILDING SUPPLY 220/tools for training, air compressor, miter saw,2,222.39 01 General Fund GLASS DOCTOR 220/MF023, replace windshield 239.55 01 General Fund GLASS DOCTOR 220/MF043, Replace windshield 307.25 01 General Fund GLASS DOCTOR Windshield Chip Unit # 26 39.95 01 General Fund GLASS DOCTOR Windshield Replacement for Unit # 49 280.70 01 General Fund GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 220/2 tires, T-31, MF021 1,450.09 01 General Fund GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 220/4 new tires, MF041 2,127.73 Date: 8/16/18 10:07:37 AM Page: 2Meridian City Council Meeting Agenda August 21, 2018 – Page 582 of 902 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 GOSNEY MANAGEMENT, LLC.instructor fee - Teen Acrylic Painting 7/30-7/31/18 - qty 7 280.00 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee-Dragons..., Kids Go Van Gogh 7/23-7/26/18;14 576.00 01 General Fund HARBOR FREIGHT TOOLS o-ring kit for drinking fountains - qty 1 7.69 01 General Fund HENRY SCHEIN MATRIX MEDICAL 220/2 blood collectors 83.90 01 General Fund HOME DEPOT CREDIT SERVICES 220/30 pack respirators for on-scene, PPE 21.47 01 General Fund HOME DEPOT CREDIT SERVICES 220/6 pack gloves for fire invesigations 29.88 01 General Fund HOME DEPOT CREDIT SERVICES 220/Buckets & towels for rehab use 210.89 01 General Fund HOME DEPOT CREDIT SERVICES 220/circular saw, blade, for T-31 145.97 01 General Fund HOME DEPOT CREDIT SERVICES 220/new kitchen faucet, St. 2 145.43 01 General Fund HOME DEPOT CREDIT SERVICES 220/PVC pipe, cutting tool, simple green, spray bottle 67.42 01 General Fund HOME DEPOT CREDIT SERVICES Ant Spray and Wall Hooks 55.21 01 General Fund HOME DEPOT CREDIT SERVICES Firearms Range Equip and Supplies 11.68 01 General Fund HOME DEPOT CREDIT SERVICES hose, studfinder, and batteries for it - qty 3 54.62 01 General Fund HOME DEPOT CREDIT SERVICES Particle Board & Primer for Meridian Art Week - Qty 4 36.20 01 General Fund HOME DEPOT CREDIT SERVICES TI 10932.c Fence corner, sealant, conduit 37.19 01 General Fund HOME DEPOT CREDIT SERVICES trowel & roller for Homecourt flooring - qty 2 41.19 01 General Fund HORIZON DISTRIBUTORS INC Brass Ball Valve Charged to Incorrect Account 0.00 01 General Fund HORIZON DISTRIBUTORS INC Settlers stick edger repairs 32.64 01 General Fund IDAHO CHILD SUPPORT RECEIPTING A. Rudan, Case# 340303, Child Support August 2018 481.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING B. Caldwell, Case# 251042, Child Support August 2018 245.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING G. Stark, Case# 352890, Child Support August 2018 653.19 01 General Fund IDAHO CHILD SUPPORT RECEIPTING J. Overton, Case# 416457, Child Support August 2018 328.57 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Gould, Case# 321962, Child Support August 2018 821.71 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Payne, Case# 311213, Child Support August 2018 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING T. Bryner, Case# 262519, Child Support August 2018 1,174.00 01 General Fund IDAHO HUMANE SOCIETY 18-0054 animal control services Aug2018 31,761.00 01 General Fund IDAHO PRESS-TRIBUNE Black Rock Subdivision Pub Hearing 8/21/18 41.44 01 General Fund IDAHO PRESS-TRIBUNE Fairbourne Sub, Tanner Creek, Creamline Park, Bountiful Comm 110.26 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for PH 8/16/18 on Whitecliffe Estates Sub, Zion 76.22 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice Parks Sprayer bids 63.48 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice PRVs 14&8 SCBA equip 92.92 01 General Fund IDAHO PRESS-TRIBUNE Ord 18-1786 to Amend City Code Floor Elevation for Flood Zo 49.58 01 General Fund IDAHO STATE INSURANCE FUND #36670, Workers Comp Payroll Premium 4/1/18-7/1/18 123,499.85 01 General Fund IDAHO STATE POLICE FBI Background checks for MSU permits - July 2018 905.00 01 General Fund INDIGO IDAHO August coordination for Main Street Market in 2018 1,000.00 Date: 8/16/18 10:07:37 AM Page: 3Meridian City Council Meeting Agenda August 21, 2018 – Page 583 of 902 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 INTERNATIONAL CODE COUNCIL Code books for Inspectors-Building Evolution project 2,570.72 01 General Fund INTERSTATE ALL BATTERY CENTER 220/auto battery for MF-036 228.15 01 General Fund INTERSTATE ALL BATTERY CENTER batteries for Lanark Parks Shop - qty 9 63.15 01 General Fund INTERSTATE ALL BATTERY CENTER battery for south side 997 mower - qty 1 138.60 01 General Fund INTERSTATE ALL BATTERY CENTER Settlers 1445 mower battery - qty 1 89.05 01 General Fund JAYKER WHOLESALE NURSERY plants for Heroes Park - qty 59 446.10 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP 18-0430, September 2018 Alarm monitoring all locations 466.83 01 General Fund KATHY DRURY-BOGLE, PHR PO18-0145 Delivery and Development for training July 2018 2,000.00 01 General Fund KENDALL SUPERSTORE Oil Change during Recall 86.36 01 General Fund KENDALL SUPERSTORE Oil Change, Service for Unit # 525 86.36 01 General Fund KENDALL SUPERSTORE Right Front Exterior Door Window Trim for Unit # 142 47.12 01 General Fund LAKEVIEW GOLF COURSE instructor fee - Golf 7/10-7/27/18 - qty 14 840.00 01 General Fund LAWN CO MAINTENANCE 18-0289 price code 1/landscape maintenance contract 08/2018 16,496.80 01 General Fund LEGACY FEED & FUEL 220/repair & service chainsaw on BR35 56.00 01 General Fund LEGACY FEED & FUEL 220/repair chainsaw on E-33 107.91 01 General Fund LOWE'S 220/Dishwasher, Station 1 586.61 01 General Fund LOWE'S flash lights, batteries and marking paint-Bldg Evolution 233.86 01 General Fund LOWE'S flashlights, rulers, tape measure-Blding Inspectors-equipmen 171.64 01 General Fund LOWE'S sales tax reversal reference invoice 07424 (5.47) 01 General Fund LOWE'S umbrellas, holders, tables, & chairs for City Hall Plaza; 21 915.30 01 General Fund MATERIALS TESTING & INSPECTION Testing for Mold Severity & Cleaning Method at PSTC 65.00 01 General Fund MERIDIAN AUTOMOTIVE & MACHINE 2000 Ford Explorer inspection - license C13621 105.11 01 General Fund MICHIGAN STATE UNIVERSITY Class Reg/Tuition-GIS certification-Kevin Holmes session 43 775.00 01 General Fund MISTER CAR WASH Fleet Washes July 2018 150.00 01 General Fund MODERN PRINTERS Newsletters cut 30,000 & fold 385.00 01 General Fund MODERN PRINTERS Newsletters tri folded 12,000 121.00 01 General Fund MOTION & FLOW CONTROL PRODUCTS hydraulic hose for Settlers 1600 mower #3 - qty 1 188.91 01 General Fund MOTION & FLOW CONTROL PRODUCTS hydraulic hose for skidsteer - qty 1 47.92 01 General Fund MOTIONS DANCE STUDIO instructor fee - Ballet, Jazz, Cheer 7/30-8/2/18 - qty 17 240.80 01 General Fund MOTIONS DANCE STUDIO instructor fee - Cheer, Motions Medley 7/17-7/26/18 - qty 31 836.00 01 General Fund NATIONAL RECREATION & PARKS AS 2018-2019 premier pkg membership dues for MPR Department 1,100.00 01 General Fund NATURES CHOICE Kleiner pond algae treatment 675.00 Date: 8/16/18 10:07:37 AM Page: 4Meridian City Council Meeting Agenda August 21, 2018 – Page 584 of 902 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 NCPERS GROUP LIFE INS NCPERS Group Life Insurance - August 2018 672.00 01 General Fund NORCO 220/Hydrogen sulfide, calibration gas for 4-gas meters 248.00 01 General Fund NORCO cylinder rental for welding gas - July 2018 42.16 01 General Fund NORTHWEST FIRE FIGHTERS BENEFITS TRUST Acct#52 NWFFT Ins Premium Aug2018 98,958.39 01 General Fund NOTHWEST SAFETY CLEAN 220/Cleaning of turnout gear 846.75 01 General Fund OFFICE DEPOT, INC.Book Case for Lieutenant Office 79.99 01 General Fund OFFICE DEPOT, INC.Copy Paper, Folders, Toner - Qty 6 226.47 01 General Fund OFFICE DEPOT, INC.Printed NND Sponsored Flyers 24.26 01 General Fund OFFICE TEAM 18-0318 w/e 7/27-John Hale Contract Labor Records Retention 591.68 01 General Fund OFFICE TEAM 18-0318 w/e-8/3-John Hale Contract Labor-Records Retention 522.34 01 General Fund OFFICE VALUE - MERIDIAN 3 Hole Punch for PD/Code 25.37 01 General Fund OFFICE VALUE - MERIDIAN Office Chairs, Tape, Canned Air, Hand Sanitizer, Paper 924.37 01 General Fund ON THE SPOT CLEANERS #15 Dry Cleaning for PD Uniforms 850.00 01 General Fund PAVEMENT SPECIALTIES OF IDAHO, INC restripe Kleiner parking lot 2,500.00 01 General Fund PLATT ELECTRIC SUPPLY outlet covers for Settlers Park - qty 4 37.40 01 General Fund PLATT ELECTRIC SUPPLY Project 0730.b, connectors for cameras Bower ST. Parking 4.75 01 General Fund PLATT ELECTRIC SUPPLY sales tax reversal reference invoice T020243 (2.12) 01 General Fund PLATT ELECTRIC SUPPLY sprinkler fuses for clocks at Settlers Park - qty 17 34.58 01 General Fund PLATT ELECTRIC SUPPLY TI 0730.b conduit, fittings for camera and cables Bower Park 169.89 01 General Fund PORTAPROS, LLC portable toilets for Chateau Park 7/5-7/20/18 218.00 01 General Fund PORTAPROS, LLC portable toilets for Heritage ball fields 7/27/18 498.00 01 General Fund PORTAPROS, LLC portable toilets for Jabil Field 7/30/18 498.00 01 General Fund PRESIDIO NETWORKED SOLUTIONS GROUP LLC Con-Smartnet Renewal 2,738.80 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 7/1-7/29/18 - qty 15 100.00 01 General Fund REVVED UP MOTORSPORTS Rear Tire for Unit # 526 258.00 01 General Fund RICOH USA, INC C86111894, Copier Lease - August 2018 390.08 01 General Fund ROBERT QUINTANA Music July 4th event SUDA Band Quintana 300.00 01 General Fund SADIE JESSOP BEAGLEY 220/hem 2 pr uniform pants 30.00 01 General Fund SHRED-IT USA, LLC.220/paper shredding, St. 2 & 1 71.68 01 General Fund SHRED-IT USA, LLC.Document Shredding for MUBS, Clerks, Finance - July 2018 122.10 01 General Fund SOLARWINDS ipMonitor Legacy Unlimited-Maintenance Renewal 599.00 Date: 8/16/18 10:07:37 AM Page: 5Meridian City Council Meeting Agenda August 21, 2018 – Page 585 of 902 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 SOUTHEASTERN SECURITY CONSULTANTS, INC. background checks for concessionaires - qty 2 37.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY traffic control signage for Main Street Market 1,200.00 01 General Fund SUNBELT RENTALS roto-hammer rental for downtown 7/27/18 92.10 01 General Fund SYNCB/AMAZON 220/2 packs of 2, telescopic hoe for searching thru debris 47.40 01 General Fund Tami J Leach instructor fee - Pickleball 7/10-7/31/18 - qty 6 288.00 01 General Fund TATES RENTS (GENERAL OFFICE)220/Service on Training chainsaw 71.82 01 General Fund TATES RENTS (GENERAL OFFICE)sawzall rental for Ben Kleiner statue vandalism 8/3/18 9.00 01 General Fund TENZINGA Tenzinga Performance Management Annual License Fee Annual Pe 480.00 01 General Fund THE BLIND GALLERY fixed broken blinds in Mayor's office 70.00 01 General Fund THE RIVERSIDE HOTEL Officer Involved Shooting - Rooms for interviews & evidence 636.00 01 General Fund THE UPS STORE Postage to Send Evidence to Lab 47.10 01 General Fund THUNDER MOUNTAIN TENT & CANVAS 220/repair training manikin 45.00 01 General Fund TOTAL SYSTEM SERVICES HVAC maintenance & filter change at Community Center,7/23/18 445.00 01 General Fund TOTAL SYSTEM SERVICES Spring HVAC maintenance & filter change at the Homecourt 745.00 01 General Fund TOTAL SYSTEM SERVICES Spring HVAC Maintenance, service 7/30/18 2,780.00 01 General Fund TOTAL SYSTEM SERVICES Spring maintenance on HVAC 850.00 01 General Fund TREASURE VALLEY CHILDREN'S THEATER instructor fee - BroadwayMusicalTheater 7/23-7/27/18 x 14 1,444.80 01 General Fund TROPHY HOUSE PROS Walking Club plaques 334.50 01 General Fund ULTRA CLEAN Mold Remediation Service at PSTC, Mat Room & Storage Room 2,146.98 01 General Fund UNION PACIFIC RAILROAD CO 18-0015 UPRR Lease Sep2018 1,743.41 01 General Fund UNITED HERITAGE INSURANCE 02065-001, August 2018 Premiums 13,911.38 01 General Fund UNITED HERITAGE INSURANCE United Heritage voluntary insurance premiums Aug2018 4,327.41 01 General Fund USA SOFTBALL OF IDAHO softball team fees - qty 93 1,674.00 01 General Fund VISION SERVICE PLAN 30 044489 0001 VSP Aug2018 premiums 3,287.38 01 General Fund VOLANTE INVESTMENTS LLLP Refund, H-2017-0159, DA Modification Fee Not Needed 502.00 01 General Fund WEIDNER & ASSOCIATES 18-0383 220/18 Couplings plus shipping 310.30 01 General Fund WEIDNER & ASSOCIATES 18-0383 220/Turnout boots, size 8.5W, FireDex 349.37 01 General Fund WEIDNER & ASSOCIATES 18-0383 220/12 brush shirts, PPE 1,257.62 01 General Fund WEIDNER & ASSOCIATES 18-0383 220/50' Red Fire Hose, 50' Orange fire hose 1,683.00 01 General Fund WEIDNER & ASSOCIATES 18-0383 220/7 quadrafog tips for wildland gear 2,254.66 01 General Fund WEIDNER & ASSOCIATES 18-0383 220/Task Force Tips, screw points for hose, qty 40 26.12 Date: 8/16/18 10:07:37 AM Page: 6Meridian City Council Meeting Agenda August 21, 2018 – Page 586 of 902 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 WSCFF EMPLOYEE BENEFIT TRUST August 2018 MERP Contributions 3,750.00 01 General Fund YOUNG REMBRANDTS instructor fee - Pastel Workshop 7/23-7/27/18 - qty 8 704.00 01 General Fund YOUNG REMBRANDTS instructor fee-Draw/Cartooning, House Pets 7/30-8/3/18 x 29 1,876.00 Total 01 General Fund 866,306.90 07 Impact Fund DEBEST PLUMBING, INC 18-0242, Plumbing @ Discovery Park - Service to 7/31/18 1,891.30 07 Impact Fund FRANZ WITTE LANDSCAPE 18-0233, Landscaping @ Discovery Park - Service to 7/31/18 14,250.00 07 Impact Fund KREIZENBECK, LLC 18-0223 CM svcs & general conditions-Discovery Park-pay #7 57,915.48 07 Impact Fund LEIGHTON ENTERPRISES, INC 18-0236. Wood Framing & Trusses @ Disc Prk-Serv to 7/31/18 25,830.50 07 Impact Fund POWER PLUS, INC.18-0243. Electrical for Discovery Park - Service to 7/31/18 105,910.75 07 Impact Fund SIGNS, ETC 18x12 bronze dedication plaque for Hillsdale Park - qty 1 638.00 07 Impact Fund THE LAND GROUP, INC.16-0355 A&E services for Discovery Park - July 2018 15,172.50 07 Impact Fund WALKER FOX BRICK AND BLOCK INC 18-0250, Masonry Work @ Discovery Park - Serv to 7/31/18 62,700.00 Total 07 Impact Fund 284,308.53 20 Grant Fund governmental IDAHO STATE INSURANCE FUND #36670, Workers Comp Payroll Premium 4/1/18-7/1/18 8.76 Total 20 Grant Fund governmental 8.76 60 Enterprise Fund ALTERNATIVE WASTEWATER SYSTEMS Septic Inspection/Bittercreek Sub.site inspection 4/30/18 90.00 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Reuse Testing (6 tests)150.00 60 Enterprise Fund APEX FLAGS Security Gate Fobs Qty 10 375.10 60 Enterprise Fund AQUA-AEROBIC SYSTEMS, INC 18-0118 Diamond cloth for Aqua Diamond filter (8 qty)21,384.24 60 Enterprise Fund AQUA-AEROBIC SYSTEMS, INC 18-0118 Returned diamond cloth (8 qty)(20,081.60) 60 Enterprise Fund BLUE CROSS OF IDAHO August 2018 Blue Cross Insurance 125,284.67 60 Enterprise Fund BOE - Boise Office Equipment XER/XWC7545, Copies 6/3/18-7/2/18 209.42 60 Enterprise Fund BONNEVILLE INDUSTRIAL SUPPLY Wasp & hornet spray (36 qty)181.80 Date: 8/16/18 10:07:37 AM Page: 7Meridian City Council Meeting Agenda August 21, 2018 – Page 587 of 902 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 BROWN & CALDWELL 17-0118,WRRF Facility Plan Update,Eng services 5/25-6/25/18 13,480.50 60 Enterprise Fund BROWN & CALDWELL 18-0284,WRRF Headworks Upgrades Design Service 5/25-6/28/18 41,046.82 60 Enterprise Fund BROWN & CALDWELL 18-0284,WRRF Headworks Upgrades,design services 3/30-4/26/18 24,967.08 60 Enterprise Fund CAMERON LAU & KAYLA HALLFORD Refund, Wat/Sew/Trash, 4138 W. Meadowpine St.67.70 60 Enterprise Fund CHEMEX INDUSTRIES INC Drain cleaner (3 cs)240.40 60 Enterprise Fund CHRISTEEN RUSH Refund, Wat/Sew/Trash, 5997 N. Senita Hills Ave.52.11 60 Enterprise Fund CHRISTOPHER & TERESA WELDON Refund, Wat/Sew/Trash, 129 E. Havasu Falls Court 35.82 60 Enterprise Fund CITY OF BOISE 18-0367 NPDES testing (244 tests)6,183.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0023, WRRF Cap.Exp. const. staking services 7/1-7/31/18 1,774.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0334,Water Main ext.W.Victory/Ten Mile survey 7/1-7/31/18 8,988.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0438,Sewer Main Rep.Locust/Chateau-Jericho 7/1-7/31/18 10,705.00 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY 18-0424,WRRF Headworks Upgrades PLC equipment 7/23/18 36,183.30 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Grey conduit body & cover to install wiring 36.08 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY PVC coated hum & 4T connector (2 qty)43.78 60 Enterprise Fund DALE BOLTHOUSE Per Diem DBolthouse APWA PWX conf Kansas City 8/25/18 288.00 60 Enterprise Fund DALE GIBSON Refund, Wat/Sew/Trash, 102 E. Havasupai St.41.54 60 Enterprise Fund DAY WIRELESS SYSTEMS Complete Install of Radio and Cradlepont C20535 658.77 60 Enterprise Fund DAY WIRELESS SYSTEMS Labor, Install of Cradle Point and Antenna C20663 721.28 60 Enterprise Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, August 2018, #0133-0000 6,746.86 60 Enterprise Fund DENNIS & VICKY JOHNSON Refund, Wat/Sew/Trash, 1698 W. Emerald Falls Dr.45.27 60 Enterprise Fund DIGLINE, INC.Digline Monthly Tickets Qty 981 1,748.83 60 Enterprise Fund DISCOVERY BENEFITS Flex Deductions - August 2018 6,226.06 60 Enterprise Fund EDGAR & SUE ANDERSON Refund, Wat/Sew/Trash, 3432 W. Niemann 57.21 60 Enterprise Fund ENVIRONMENTAL RESOURCE ASSOC.DMRQA retest samples (2 qty)190.18 60 Enterprise Fund FASTENAL COMPANY Drill bits to repair suction hoses at tertiary filter 3 (5)8.01 60 Enterprise Fund FERGUSON ENTERPRISES INC.Clamps for Collections display for PW Expo (2 qty)12.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Credit for clamps never received (2 qty)(12.00) 60 Enterprise Fund FERGUSON ENTERPRISES INC.Filter to replace in drinking water fountain in Collections 108.37 60 Enterprise Fund FISHER SCIENTIFIC Amber glass bottles & glass fiber filters (2 qty)224.23 60 Enterprise Fund FISHER SCIENTIFIC Custody seals for water testing 509.08 60 Enterprise Fund FISHER SCIENTIFIC Filter paper (2 pk)77.99 60 Enterprise Fund FISHER SCIENTIFIC Sample carboys (1 cs)325.80 Date: 8/16/18 10:07:37 AM Page: 8Meridian City Council Meeting Agenda August 21, 2018 – Page 588 of 902 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 FRED PRYOR SEMINARS MEdwards Excel Basics 5/17/18 Boise 79.00 60 Enterprise Fund GEORGE BLUMENSCHEIN Refund, Wat/Sew/Trash, 2911 W. Ravenhurst St.100.00 60 Enterprise Fund GOBLE SAMPSON ASSOCIATES, INC.Natural rubber hose 1,014.30 60 Enterprise Fund GRANT MECHANICAL, INC Labor to repair AC unit control panel at influent area (1.5) 127.50 60 Enterprise Fund HACH COMPANY FIA tubing & DPD total chlorine pillows (6 qty)259.45 60 Enterprise Fund HOME DEPOT CREDIT SERVICES 4x8 Poly Pipe Qty 1 11.98 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Batteries for flow meters (4 qty)41.92 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Cleaning wipes, heavy duty arm hangers, shut off couplings 76.40 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Credit for purchase as Tax was charged INV#1804279885 (26.46) 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Shade Mulch Qty 2 24.96 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Shade Mulch, Qty 2 26.46 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Spray Bed Coating for Shop Supplies Qty 3 22.38 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Strain Relief Conn, Yellow Elec Tape, Conduit, Coupling 29.08 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Wire rope, rope clamp plus ferrule & stop (9 qty)57.78 60 Enterprise Fund HYDRO LOGIC INC 17-0367,Well Monitoring & Aquifer testing 6/12-7/23/18 5,730.00 60 Enterprise Fund HYDRO LOGIC INC 18-0258,Hydrogeological consult services 6/15-7/27/18 2,090.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Arte, Case# 352719, Child Support August 2018 420.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Kerr, Case# 344238, Child Support August 2018 405.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING M. Edwards, Case# 354376, Child Support August 2018 221.64 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING N. Howell, Case# 326566, Child Support August 2018 299.00 60 Enterprise Fund IDAHO POWER 2207146099 Water power Aug2018 25.36 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice PRVs 14&8 SCBA equip 111.10 60 Enterprise Fund IDAHO STATE INSURANCE FUND #36670, Workers Comp Payroll Premium 4/1/18-7/1/18 27,234.39 60 Enterprise Fund IDAHO TOOL & EQUIPMENT Duc Tape, Chisel, WR Pipe, Pry Bar Qty 6 311.16 60 Enterprise Fund INSTRUMENT TECHNOLOGIES INC.Calibration of flow meters at lift stations (4 qty)700.00 60 Enterprise Fund INTEGRATIVE SOLUTIONS Labor to repair broken water line, dewatering bldg 250.00 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER AAA batteries (2 pks)16.40 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Heavy spring top lantern for flow meters (9 qty)21.06 60 Enterprise Fund JACK HENRY & ASSOCIATES INC Bank EFT Fees July2018 638.99 60 Enterprise Fund JACOB & COLLEEN JARVIS Refund, Wat/Sew/Trash, 5636 N. Fox Run Way 67.56 60 Enterprise Fund JAMES & RHONDA REESE Refund, Wat/Sew/Trash, 1664 W. Rattlesnake Ct.92.08 60 Enterprise Fund JOHNSON CONTROLS FIRE PROTECTION LP 18-0430, September 2018 Alarm monitoring all locations 106.01 60 Enterprise Fund JONATHAN & KATHRYNE WAHL Refund, Wat/Sew/Trash, 2305 W. Anatole St.58.35 60 Enterprise Fund JUB ENGINEERS 18-0469, South Black Cat Lift Station Improvement 5,670.00 60 Enterprise Fund KEVIN KIKUMOTO Refund, Wat/Sew/Trash, 3515 N. Arrowwood Way 79.24 Date: 8/16/18 10:07:37 AM Page: 9Meridian City Council Meeting Agenda August 21, 2018 – Page 589 of 902 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 KEYBANK City of Meridian HSA Contributions - July 2018 1,355.00 60 Enterprise Fund LAWN CO MAINTENANCE 18-0290,18-0368 price code 2/landscape maint contract 8/2018 2,714.60 60 Enterprise Fund LESLEA BASTERRECHEA Per Diem, L. Basterrechea, 2018 Claros WIMS National Users C 265.50 60 Enterprise Fund LILLIE FONTAIN & SANDRA HICKMANN Refund, Wat/Sew/Trash, 454 W. Buroak Dr.40.66 60 Enterprise Fund LOWE'S Heavy Duty Tape, Glue Qty 3 14.20 60 Enterprise Fund LOWE'S Lantern batteries for flow meters (8 qty)35.50 60 Enterprise Fund LOWE'S Misc Truck Tools, Pliers, Wrenches, Mag Torpe, Grove Lok Set 360.36 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrades,special insp. 7/9-7/22/18 4,210.40 60 Enterprise Fund McCALL INDUSTRIAL SS coupling 1 inch (5 qty)126.45 60 Enterprise Fund METROQUIP, INC.Hose guide assembly 209.00 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Cam-lok dust cap (2 qty)114.42 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Hose to repair mixer 1, digester 5 92.87 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0149 Tertiary Crane Bldg A task#10595 thru 7/27/18 3,150.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.6pc brake & engine set 40.52 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Arbor press for shop 1,900.06 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Inspection scope tool for shop 224.10 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Life preserver rings (5 qty)379.45 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Pro safe procoat gloves-size L, closed duel check (4 qty) 21.15 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Shop stools (3 qty)168.09 60 Enterprise Fund MURRAYSMITH INC 17-0141,WAter Master Plan engineer service thru 6/30/18 3,182.00 60 Enterprise Fund MURRAYSMITH INC 18-0333,Water System Model support services thru 6/30/18 1,003.50 60 Enterprise Fund MURRAYSMITH INC 18-0390,Unidirectional Flushing engineering services 6/30/18 10,565.00 60 Enterprise Fund NCPERS GROUP LIFE INS NCPERS Group Life Insurance - August 2018 192.00 60 Enterprise Fund O'REILLY AUTO PARTS Fuse for AC unit in Operations bldg 3.49 60 Enterprise Fund OFFICE VALUE - MERIDIAN Staplers, scissors, clock, tape dispensers, (23 qty)209.85 60 Enterprise Fund PIPELINE INSPECTION 18-0158,Digester 4 Cleaning and Dewater as of 7/13/18 50,000.00 60 Enterprise Fund PLATT ELECTRIC SUPPLY Contactor Qty 1 147.29 60 Enterprise Fund PLATT ELECTRIC SUPPLY Credit for return Contactor Ref INVR922854 Qty 1 (24.93) 60 Enterprise Fund PLATT ELECTRIC SUPPLY Heavy duty multi-bit screwdriver/nut driver 16.50 60 Enterprise Fund PLATT ELECTRIC SUPPLY Hinged solid cover to install wiring for chlorine pump 63.51 Date: 8/16/18 10:07:37 AM Page: 10Meridian City Council Meeting Agenda August 21, 2018 – Page 590 of 902 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 PLATT ELECTRIC SUPPLY Standard cable tie for stock (200 qty)25.20 60 Enterprise Fund POSTNET Postage and Mailing for Backflow Letters Qty 365 328.10 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Biosolid disposal 21,510.30 60 Enterprise Fund RILEY L HATCH Refund, Wat/Sew/Trash, 2678 S. Hood Ranch Pl 21.24 60 Enterprise Fund ROBERT BOY Refund, Wat/Sew/Trash, 1912 W. Kingswood Ct.125.46 60 Enterprise Fund RYAN ODNEAL Refund, Wat/Sew/Trash, 3868 S. Como Ave.77.27 60 Enterprise Fund SAWTOOTH CRANE Crane service to repair mixer 3, digester 5 875.00 60 Enterprise Fund SHANDY LAM Per Diem SLam Communication Marketing conf Milwaukee 9/5-9/7 224.00 60 Enterprise Fund SHRED-IT USA, LLC.Document Shredding for MUBS, Clerks, Finance - July 2018 63.03 60 Enterprise Fund STEELMAN PLUMBING Replacement of vacum breaker mens toilet 145.00 60 Enterprise Fund STEVEN & JAMIE GRUENBERG Refund, Wat/Sew/Trash, 2569 NW 11th Ave.99.81 60 Enterprise Fund SULLIVAN REBERGER 17-0409, lobbying fees July 2018 4,000.00 60 Enterprise Fund SYNCB/AMAZON Canopy for PW Week Expos-Lab 179.95 60 Enterprise Fund THE UPS STORE Shipping to send cameras back to CUES for repair (2 qty) 801.40 60 Enterprise Fund THOMAS & DEBORAH GORDON Refund, Wat/Sew/Trash, 2525 N. Meadowglen Pl.120.52 60 Enterprise Fund TROPHY HOUSE PROS PWW name plate for plaque 13.00 60 Enterprise Fund ULTRA TOUCH CAR WASH Car wash for C19993 Explorer 16.10 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001, August 2018 Premiums 4,017.67 60 Enterprise Fund UNITED HERITAGE INSURANCE United Heritage voluntary insurance premiums Aug2018 717.86 60 Enterprise Fund VISION SERVICE PLAN 30 044489 0001 VSP Aug2018 premiums 1,471.03 60 Enterprise Fund WARREN STEWART Per Diem, W. Stewart, APWA PWX, Kansas City MO, 8/26/18-8/30 288.00 60 Enterprise Fund WW GRAINGER, INC Welding wire (2 qty)181.70 60 Enterprise Fund YOURMEMBERSHIP.COM INC SCADA 2nd Job Posting 249.00 Total 60 Enterprise Fund 452,097.97 Report Total 1,602,722.16 Date: 8/16/18 10:07:37 AM Page: 11Meridian City Council Meeting Agenda August 21, 2018 – Page 591 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 8A Project File Number: Item Title: Swearing in of 6 New Officers Swearing in 6 New Police Officers, Code Enforcement Supervisor, Evidence Technician Meeting Notes I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Chief J eff Lavey Estimated Time f or P resentation: 15 Minutes Title of I tem - Swearing in 6 New P olice Officers, C ode E nforcement S upervisor, Evidence Technician P olic e Department - S wearing in 6 New P olic e O fficers: M. End erlin, S .Hansen, J. S hac kelfo rd , S . Mc Do nald, R .S tewart and M.Littleto n. C ode Enforc ement S up ervisor – R . Everett Evid enc e Tech – M. Mo eller C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate P olice Coles, C.J ay Approved 6/28/2018 - 2:41 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 592 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 8B Project File Number: Item Title: Life Saving Citizen Award Presentation Meeting Notes I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: F ire Chief Mark Niemeyer Es timated Time for P res entation: 5 minutes Title of Item - Life S aving Citizen Award P resentation Life S aving C itizen Award P res entatio n to C harlie No b le from the Merid ian F ire Dep artment Life S aving C itizen Award P res entatio n to C harlie No b le from the Merid ian F ire Dep artment fo r his ac tions on May 21, 2018. He p erfo rmed C P R on a neighbor until emergency services could arrive res ulting in saving a human life. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo for C ouncil Cover Memo 7/18/2018 RE V I E WE RS : Department Reviewer Action D ate F ire J ohnson, Chris Approved 7/18/2018 - 5:39 P M F ire Gerhart, J udy Approved 7/25/2018 - 3:29 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 593 of 902 Meridian Fire Department 33 E. Broadway Avenue, Suite #210 Meridian, ID 83642 Phone 208-888-1234 www.meridiancity.org July 18, 2018 MEMORANDUM TO: Mayor and City Council Members CC: Mark Niemeyer FROM: Meridian Fire Department RE: Life Saving Citizen Award Meridian Fire responded to a code blue on May 21, 2018 and upon arrival found the patient in the back yard of the home. The neighbor, Charles Noble, was performing CPR on the patient. Charles is a nurse at St. Alphonsus who heard screaming for help and ran across the street to see what had happened. He recognized the patient was in cardiac/respiratory arrest and began CPR until firefighters arrived. Charles’ quick action saved the life of his neighbor. Meridian City Council Meeting Agenda August 21, 2018 – Page 594 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 7 Project File Number: Item Title: Items Moved From Consent Agenda Meeting Notes City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 9A Project File Number: Item Title: Public Hearing for FY2018 Amended Budget Public Hearing for FY2018 Amended Budget in the Amount of $144,675,644 Meeting Notes L✓i APPROVES I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for F Y 2018 Amended Budget in the Amount of $144,675,644 C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate A mended Budget B udget A mendment 8/17/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/17/2018 - 12:18 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 595 of 902 Hearing Date: 8/21/2018 Hearing Type: Council Item Number: 9-A Project Name: Fiscal Year 2018 Amended Budget Project Number: FY2018 Amended Budget Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time FY2018 Amended Budget Public Hearing August 21, 2018 www.meridiancity.org FY2018 Amended Budget - $144,675,644 General Fund Capital Improvement Fund Enterprise Fund Questions / Discussions Approve FY2018 Amended Budget www.meridiancity.org Agenda www.meridiancity.org FY2018 Amended Total City Budget www.meridiancity.org FY2018 Amended Total City Budget Total City – 29 Amendments ($10,112,632) [down 6.53%] General Fund – $1,572,222 [up 2.56%] Capital Improvement Fund – ($201,660) [down 6.29%] Enterprise Fund – ($11,483,194) [down 12.75%] www.meridiancity.org FY2018 Amended General Fund Budget www.meridiancity.org FY2018 Amended General Fund Budget General Fund – $1,572,222 [up 2.56%] Amended Items – 26 Total Amendments Approved $1,757,353 – Community Development Building & Electrical Inspection Services $612,000 – Discovery Park Phase 1 Amenities $214,954 – Comprehensive Plan Consultant $95,259 – Associate City Planner ($2,535,154) – Carryforward Adjustment www.meridiancity.org FY2018 Amended CIP Fund Budget Capital Improvement Fund – ($201,660) [down 6.29%] Amended Items – 0 Total Amendments Approved ($201,660) – Carryforward Adjustment www.meridiancity.org FY2018 Amended Enterprise Fund Budget www.meridiancity.org FY2018 Amended Enterprise Fund Budget Enterprise Fund – ($11,483,194) [down 12.75%] Amended Items – 3 Total Amendments Approved $108,917 – SCADA System Administrator $77,500 – Collections Equipment Facility Construction $20,000 – Well 29 ($11,689,611) – Carryforward Adjustment www.meridiancity.org Questions www.meridiancity.org FY2018 Budget Council Approval Council to establish the budget amount for FY2018 Budget Amendment Ordinance $144,675,644 Next Steps: Legal will present an Ordinance for approval in the next few weeks to make the budget official. Capital Improvement Fund - 55 FY2018 FY2018 FY2018 Original Budget Amendments Final Budget Revenues Total Revenue 2,000$ 2,000$ Expenditures Operating Administration -$ -$ Fire -$ -$ Police -$ -$ Parks -$ -$ Total Operating -$ -$ -$ Capital Administration 33,000$ -$ 33,000$ Fire -$ -$ Police -$ -$ Parks 3,000,000$ -$ 3,000,000$ Total Capital 3,033,000$ -$ 3,033,000$ Carryforward - Operating Administration -$ Fire -$ Police -$ Parks -$ Carryforward - Operating -$ -$ -$ Carryforward - Capital Administration 300,542$ (201,660)$ 98,882$ Fire -$ Police -$ Parks -$ Carryforward - Capital 300,542$ (201,660)$ 98,882$ Total Carryforward 300,542$ (201,660)$ 98,882$ Total Expenditures 3,333,542$ (201,660)$ 3,131,882$ Transfers (125,499)$ (125,499)$ Special Notice of Public Hearing Amended Budget for Fiscal Year 2018 City of Meridian, Idaho NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing for consideration of an amendment to the 2018 fiscal year budget by appropriating additional monies received by the City of Meridian, said hearing to be held at Meridian City Hall, 33 East Broadway Avenue, Meridian Idaho, at 6:00 p.m. on Tuesday, August 21, 2018. 7/26/2018 10:56 AM 1 of 5U:\City Council\Notices\Budget\FY2018 City of Meridian Budget Notice for Clerks - Amended Meridian City Council Meeting Agenda August 21, 2018 – Page 596 of 902 Total Expenditures with Transfers 3,208,043$ (201,660)$ 3,006,383$ (Use)/Addition of Fund Balance (3,206,043)$ 201,660$ (3,004,383)$ Enterprise Fund - 60 - 65 FY2018 FY2018 FY2018 Original Budget Amendments Final Budget Revenues Water/Sewer Sales 24,157,541$ 24,157,541$ Other Sources 14,304,027$ 14,304,027$ Total Revenue 38,461,568$ -$ 38,461,568$ Expenditures Personnel Utility Billing 520,226$ 520,226$ Public Works 3,897,284$ 98,597$ 3,995,881$ Water 1,947,481$ 1,947,481$ Wastewater 2,922,931$ 2,922,931$ Total Personnel 9,287,922$ 98,597$ 9,386,519$ Operating Utility Billing 645,590$ (10)$ 645,580$ Public Works 1,112,907$ 10,350$ 1,123,257$ Water 2,313,974$ (10)$ 2,313,964$ Wastewater 3,143,104$ 9,989$ 3,153,093$ Total Operating 7,215,575$ 20,320$ 7,235,895$ Total Personnel and Operating 16,503,497$ 118,917$ 16,622,414$ Capital Utility Billing -$ -$ -$ Public Works 35,000$ -$ 35,000$ Water 7,358,000$ 20,000$ 7,378,000$ Wastewater 30,180,000$ 67,500$ 30,247,500$ Total Capital 37,573,000$ 87,500$ 37,660,500$ Carryforward - Operating Utility Billing -$ Public Works 918,129$ (461,945)$ 456,184$ Water 68,640$ (18,640)$ 50,000$ Wastewater 129,361$ (129,361)$ -$ Total Carryforward - Operating 1,116,130$ (609,946)$ 506,184$ Carryforward - Capital Utility Billing 46,573$ (7,095)$ 39,478$ Public Works -$ 9,000$ 9,000$ Water 5,518,570$ (2,305,725)$ 3,212,845$ Wastewater 26,485,993$ (8,775,845)$ 17,710,148$ Total Carryforward - Capital 32,051,136$ (11,079,665)$ 20,971,471$ 7/26/2018 10:56 AM 2 of 5U:\City Council\Notices\Budget\FY2018 City of Meridian Budget Notice for Clerks - Amended Meridian City Council Meeting Agenda August 21, 2018 – Page 597 of 902 Total Carryforward 33,167,266$ (11,689,611)$ 21,477,655$ Total Expenditures 87,243,763$ (11,483,194)$ 75,760,569$ Transfers 2,839,082$ 2,839,082$ Total Expenditures with Transfers 90,082,845$ (11,483,194)$ 78,599,651$ (Use)/Addition of Fund Balance (51,621,277)$ 11,483,194$ (40,138,083)$ Governmental Funds (01,07,08,20,50)(01,07,08,20,50)(01,07,08,20,50)(01,07,08,20,50) FY2018 FY2018 FY2018 Original Budget Amendments Final Budget Revenues Property Taxes 30,808,064$ -$ 30,808,064$ Other Revenue 20,161,560$ 1,171,982$ 21,333,542$ Total Revenue 50,969,624$ 1,171,982$ 52,141,606$ Expenditures Personnel Administration 5,273,038$ (1,891)$ 5,271,147$ Fire 10,731,373$ -$ 10,731,373$ Police 14,925,959$ 66,482$ 14,992,441$ Parks 3,076,189$ -$ 3,076,189$ Community Development 1,538,414$ 464,434$ 2,002,848$ Total Personnel 35,544,973$ 529,025$ 36,073,998$ Operating Administration 2,551,916$ 1,143,375$ 3,695,291$ Fire 1,448,363$ 79,061$ 1,527,424$ Police 2,897,886$ 24,429$ 2,922,315$ Parks 2,411,875$ 67,030$ 2,478,905$ Community Development 2,216,262$ 670,892$ 2,887,154$ Total Operating 11,526,302$ 1,984,787$ 13,511,089$ Total Personnel and Operating 47,071,275$ 2,513,812$ 49,585,087$ Capital Administration 529,150$ 276,248$ 805,398$ Fire 615,225$ (12,500)$ 602,725$ Police 523,040$ 65,016$ 588,056$ Parks 4,724,255$ 617,500$ 5,341,755$ Community Development -$ 647,300$ 647,300$ Total Capital 6,391,670$ 1,593,564$ 7,985,234$ Carryforward - Personnel Administration -$ -$ -$ Fire -$ -$ -$ Police -$ -$ -$ Parks -$ -$ -$ Community Development -$ -$ -$ 7/26/2018 10:56 AM 3 of 5U:\City Council\Notices\Budget\FY2018 City of Meridian Budget Notice for Clerks - Amended Meridian City Council Meeting Agenda August 21, 2018 – Page 598 of 902 Total Carryforward - Personnel -$ -$ -$ Carryforward - Operating Administration 311,900$ (26,739)$ 285,161$ Fire 106,000$ (22,481)$ 83,519$ Police 46,500$ (22,500)$ 24,000$ Parks 62,937$ (3,800)$ 59,137$ Community Development 38,500$ (5,379)$ 33,121$ Total Carryforward - Operating 565,837$ (80,899)$ 484,938$ Carryforward - Capital Administration 141,496$ -$ 141,496$ Fire 4,266,500$ 449,500$ 4,716,000$ Police 16,000$ (16,000)$ -$ Parks 5,758,193$ (2,887,755)$ 2,870,438$ Community Development -$ -$ -$ Total Carryforward - Capital 10,182,189$ (2,454,255)$ 7,727,934$ Carryforward Administration 453,396$ (26,739)$ 426,657$ Fire 4,372,500$ 427,019$ 4,799,519$ Police 62,500$ (38,500)$ 24,000$ Parks 5,821,130$ (2,891,555)$ 2,929,575$ Community Development 38,500$ (5,379)$ 33,121$ Total Carryforward 10,748,026$ (2,535,154)$ 8,212,872$ Total Expenditures 64,210,971$ 1,572,222$ 65,783,193$ Transfers (2,713,583)$ -$ (2,713,583)$ Total Expenditures with Transfers 61,497,388$ 1,572,222$ 63,069,610$ (Use)/Addition of Fund Balance (10,527,764)$ (400,240)$ (10,928,004)$ Total Budget - All Funds FY2018 FY2018 FY2018 Original Budget Amendments Final Budget Revenues Total Revenue 89,433,192$ 1,171,982$ 90,605,174$ Expenditures Total Personnel and Operating 63,574,772$ 2,632,728$ 66,207,500$ Total Capital 46,997,670$ 1,681,065$ 48,678,735$ Total Carryforward 44,215,834$ (14,426,425)$ 29,789,409$ Total Expenditures 154,788,276$ (10,112,632)$ 144,675,644$ Transfers -$ -$ -$ 7/26/2018 10:56 AM 4 of 5U:\City Council\Notices\Budget\FY2018 City of Meridian Budget Notice for Clerks - Amended Meridian City Council Meeting Agenda August 21, 2018 – Page 599 of 902 Total Expenditures with Transfers 154,788,276$ (10,112,632)$ 144,675,644$ (Use)/Addition of Fund Balance (65,355,084)$ 11,284,614$ (54,070,470)$ Citizens are invited to inspect the detailed supporting records of the above financial statements. For further information contact the Department of Financial Management and Planning at 888-4433. 7/26/2018 10:56 AM 5 of 5U:\City Council\Notices\Budget\FY2018 City of Meridian Budget Notice for Clerks - Amended Meridian City Council Meeting Agenda August 21, 2018 – Page 600 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 913 Project File Number: Item Title: Public Hearing for Proposed FY2019 Public Hearing for Proposed FY2019 Budget in the Amount of $130,464,302 Meeting Notes �6 APPROVED I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for P roposed F Y2019 Budget in the Amount of $130,464,302 C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P roposed B udget B ackup Material 8/17/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 6/21/2018 - 5:44 P M F inance.L avoie, Todd Approved 7/20/2018 - 2:16 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 601 of 902 Hearing Date: 8/21/2018 Hearing Type: Council Item Number: 9-B Project Name: Fiscal Year 2019 Budget Project Number: FY2019 Budget Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time FY2019 Proposed Budget Public Hearing August 21, 2018 www.meridiancity.org FY2019 Proposed Budget - $130,464,302 General Fund Enterprise Fund Questions / Discussions Approve FY2019 Proposed Budget www.meridiancity.org Agenda www.meridiancity.org FY2019 Proposed Total City Budget www.meridiancity.org General Fund FY2019 Proposed Budget $65,278,150 www.meridiancity.org FY2019 General Fund Budget Requests Community Development and Administration Replacements - $483,719 Enhancements - $484,689 Parks and Recreation Replacements - $289,200 Enhancements - $1,854,114 Fire Department Replacements - $193,485 Enhancements - $317,394 Police Department Replacements - $153,200 Enhancements - $816,226 www.meridiancity.org FY2019 General Fund Revenue www.meridiancity.org Enterprise Fund FY2019 Proposed Budget $65,186,152 www.meridiancity.org FY2019 Enterprise Fund Budget Requests Wastewater Replacements - $1,054,000 Enhancements - $11,548,900 Water Replacements - $996,250 Enhancements - $3,177,878 Public Works / Engineering Replacements - $62,894 Enhancements - $20,958 Utility Billing Replacements - $10,100 Enhancements - $0 www.meridiancity.org FY2019 Enterprise Fund Revenue www.meridiancity.org Questions www.meridiancity.org FY2019 Budget Council Approval Council to establish the budget amount for FY2019 Budget Ordinance $130,464,302 Next Steps: Legal will present an Ordinance for approval in the next few weeks to make the budget official. www.meridiancity.org Thank you! Mayor, City Council Members, Department Directors and Staff Capital Improvement Fund - 55 FY2017 FY2018 FY2019 Actual Original Budget Original Budget Revenues Total Revenue 62,076$ 2,000$ 2,000$ Expenditures Operating Administration Fire Police Parks Total Operating -$ -$ -$ Capital Administration 345,214$ 33,000$ -$ Fire Police Parks 3,000,000$ -$ Total Capital 345,214$ 3,033,000$ -$ Carryforward - Operating Administration Fire Police Parks Carryforward - Operating -$ -$ -$ Carryforward - Capital Administration 300,542$ 11,953$ Fire Police Parks 3,000,000$ Carryforward - Capital -$ 300,542$ 3,011,953$ Total Carryforward -$ 300,542$ 3,011,953$ Special Notice of Public Hearing Proposed Budget for Fiscal Year 2019 City of Meridian, Idaho A public hearing, pursuant to Idaho Code 50-1002, will be held for consideration of the proposed budget for the fiscal year from October 1, 2018 to September 30, 2019. The hearing will be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho at 6:00 p.m. on Tuesday, August 21, 2018. All interested persons are invited to appear and show cause, if any, why such budget should or should not be adopted. Copies of the proposed City budget in detail are available at the City Hall during regular office hours (8:00 AM to 5:00 PM, weekdays). City Hall is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to the budget documents or to the hearing, please contact the City Clerk Office, 888-4433 at least 48 hours prior to the public hearing. The proposed FY2019 budget is shown below as FY2019 proposed expenditures and revenues. 7/26/2018 10:55 AM 1 of 5U:\City Council\Notices\Budget\FY2019 City of Meridian Budget Notice for Clerks - Original Meridian City Council Meeting Agenda August 21, 2018 – Page 602 of 902 Total Expenditures 345,214$ 3,333,542$ 3,011,953$ Transfers (2,275,054)$ (125,499)$ (154,040)$ Total Expenditures with Transfers (1,929,840)$ 3,208,043$ 2,857,913$ (Use)/Addition of Fund Balance 1,991,915$ (3,206,043)$ (2,855,913)$ Enterprise Fund - 60 - 65 FY2017 FY2018 FY2019 Actual Original Budget Original Budget Revenues Water/Sewer Sales 23,171,235$ 24,157,541$ 24,798,200$ Other Sources 17,158,680$ 14,304,027$ 13,385,020$ Total Revenue 40,329,914$ 38,461,568$ 38,183,220$ Expenditures Personnel Utility Billing 413,451$ 520,226$ 539,693$ Public Works 2,961,487$ 3,897,284$ 4,033,405$ Water 1,708,156$ 1,947,481$ 2,067,537$ Wastewater 2,533,523$ 2,922,931$ 3,152,187$ Total Personnel 7,616,616$ 9,287,922$ 9,792,822$ Operating Utility Billing 542,982$ 645,590$ 640,328$ Public Works 1,046,364$ 1,112,907$ 999,246$ Water 1,865,533$ 2,313,974$ 2,778,129$ Wastewater 3,070,136$ 3,143,104$ 3,355,724$ Total Operating 6,525,015$ 7,215,575$ 7,773,427$ Total Personnel and Operating 14,141,631$ 16,503,497$ 17,566,249$ Capital Utility Billing 38,782$ -$ 7,500$ Public Works 117,349$ 35,000$ 28,000$ Water 4,435,548$ 7,358,000$ 3,850,000$ Wastewater 15,670,706$ 30,180,000$ 12,005,000$ Total Capital 20,262,385$ 37,573,000$ 15,890,500$ Carryforward - Operating Utility Billing Public Works 918,129$ 478,920$ Water 68,640$ 248,490$ Wastewater 129,361$ 95,000$ Total Carryforward - Operating -$ 1,116,130$ 822,410$ Carryforward - Capital Utility Billing 46,573$ 14,728$ Public Works -$ -$ 7/26/2018 10:55 AM 2 of 5U:\City Council\Notices\Budget\FY2019 City of Meridian Budget Notice for Clerks - Original Meridian City Council Meeting Agenda August 21, 2018 – Page 603 of 902 Water 5,518,570$ 5,414,176$ Wastewater 26,485,993$ 22,679,295$ Total Carryforward - Capital -$ 32,051,136$ 28,108,199$ Total Carryforward -$ 33,167,266$ 28,930,609$ Total Expenditures 34,404,016$ 87,243,763$ 62,387,358$ Transfers 2,185,002$ 2,839,082$ 2,798,794$ Total Expenditures with Transfers 36,589,018$ 90,082,845$ 65,186,152$ (Use)/Addition of Fund Balance 3,740,897$ (51,621,277)$ (27,002,932)$ Governmental Funds (01,07,08,20,50)(01,07,08,20,50)(01,07,08,20,50)(01,07,08,20,50) FY2017 FY2018 FY2019 Actual Original Budget Original Budget Revenues Property Taxes 28,846,379$ 30,808,064$ 33,540,850$ Other Revenue 24,228,110$ 20,161,560$ 21,599,036$ Total Revenue 53,074,489$ 50,969,624$ 55,139,886$ Expenditures Personnel Administration 4,630,858$ 5,273,038$ 5,543,166$ Fire 8,805,100$ 10,731,373$ 11,365,717$ Police 12,702,128$ 14,925,959$ 16,976,272$ Parks 2,438,918$ 3,076,189$ 3,254,733$ Community Development 1,327,901$ 1,538,414$ 3,312,487$ Total Personnel 29,904,905$ 35,544,973$ 40,452,375$ Operating Administration 2,428,255$ 2,551,916$ 2,858,473$ Fire 1,256,951$ 1,448,363$ 1,400,918$ Police 2,424,511$ 2,897,886$ 2,725,836$ Parks 1,731,920$ 2,411,875$ 2,109,120$ Community Development 2,534,797$ 2,216,262$ 1,750,728$ Total Operating 10,376,433$ 11,526,302$ 10,845,075$ Total Personnel and Operating 40,281,338$ 47,071,275$ 51,297,450$ Capital Administration 31,500$ 529,150$ 466,900$ Fire 257,286$ 615,225$ 280,000$ Police 839,472$ 523,040$ 235,368$ Parks 4,713,663$ 4,724,255$ 2,094,000$ Community Development -$ -$ -$ Total Capital 5,841,921$ 6,391,670$ 3,076,268$ Carryforward - Personnel Administration -$ -$ -$ 7/26/2018 10:55 AM 3 of 5U:\City Council\Notices\Budget\FY2019 City of Meridian Budget Notice for Clerks - Original Meridian City Council Meeting Agenda August 21, 2018 – Page 604 of 902 Fire -$ -$ -$ Police -$ -$ -$ Parks -$ -$ -$ Community Development -$ -$ -$ Total Carryforward - Personnel -$ -$ -$ Carryforward - Operating Administration -$ 311,900$ 58,720$ Fire -$ 106,000$ 18,840$ Police -$ 46,500$ 17,170$ Parks -$ 62,937$ 271,143$ Community Development -$ 38,500$ 448,408$ Total Carryforward - Operating -$ 565,837$ 814,281$ Carryforward - Capital Administration -$ 141,496$ 301,910$ Fire -$ 4,266,500$ 5,108,145$ Police -$ 16,000$ 132,000$ Parks -$ 5,758,193$ 3,909,981$ Community Development -$ -$ 424,956$ Total Carryforward - Capital -$ 10,182,189$ 9,876,992$ Carryforward Administration -$ 453,396$ 360,630$ Fire -$ 4,372,500$ 5,126,985$ Police -$ 62,500$ 149,170$ Parks -$ 5,821,130$ 4,181,124$ Community Development -$ 38,500$ 873,364$ Total Carryforward -$ 10,748,026$ 10,691,273$ Total Expenditures 46,123,259$ 64,210,971$ 65,064,991$ Transfers 90,051$ (2,713,583)$ (2,644,754)$ Total Expenditures with Transfers 46,213,310$ 61,497,388$ 62,420,237$ (Use)/Addition of Fund Balance 6,861,180$ (10,527,764)$ (7,280,351)$ Total Budget - All Funds FY2017 FY2018 FY2019 Actual Original Budget Original Budget Revenues Total Revenue 93,466,480$ 89,433,192$ 93,325,106$ Expenditures Total Personnel and Operating 54,422,969$ 63,574,772$ 68,863,699$ Total Capital 26,449,520$ 46,997,670$ 18,966,768$ Total Carryforward -$ 44,215,834$ 42,633,835$ 7/26/2018 10:55 AM 4 of 5U:\City Council\Notices\Budget\FY2019 City of Meridian Budget Notice for Clerks - Original Meridian City Council Meeting Agenda August 21, 2018 – Page 605 of 902 Total Expenditures 80,872,489$ 154,788,276$ 130,464,302$ Transfers (1)$ -$ -$ Total Expenditures with Transfers 80,872,488$ 154,788,276$ 130,464,302$ (Use)/Addition of Fund Balance 12,593,992$ (65,355,084)$ (37,139,196)$ Citizens are invited to inspect the detailed supporting records of the above financial statements. For further information contact the Department of Financial Management and Planning at 888-4433. 7/26/2018 10:55 AM 5 of 5U:\City Council\Notices\Budget\FY2019 City of Meridian Budget Notice for Clerks - Original Meridian City Council Meeting Agenda August 21, 2018 – Page 606 of 902 Planning and Zoning Commission Meeting August 21, 2018 Changes to Agenda: Item #9H: Bainbridge Franklin – Applicant requests continuance to October 2nd in order to address the concerns that were raised by staff and the Planning and Zoning Commission. Item #9C Cherry Blossom – RZ, PP (H-2018-0018) Application(s): Rezone Preliminary Plat Size of property, existing zoning, and location: This site consists of 10.25 acres of land, zoned R-4, located at 615 W. Cherry Ln. History: This property was annexed in 1959 without a DA. Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) Summary of Request: The applicant requests a rezone of 10.74 acres of land from the R-4 to the R-8 zoning district consistent with the FLUM designation of MDR for this site. A preliminary plat is proposed consisting of 47 SFR building lots & 11 common lots on 10.25 acres of land for Cherry Blossom Subdivision. The gross density of the development is 4.6 units/acre consistent with, and at the low end of the density desired in MDR designated areas. Homes within the development are proposed to be single-story in height and the subdivision is proposed to develop in one phase. Access is proposed via the extension of W. McFadden Ave. a stub street at the NEC of the site and via N.W. 7th St. to the west. Access to the 3 parcels at the SEC of the site is proposed via a common driveway from N.W. 4th Street across an existing parcel. An access easement is required for access to these lots across that parcel; the easement should specifically grant access to the proposed lots – these lots are not allowed to develop unless an easement can be obtained. A total of 1.11 acres (or 10.8%) of qualified open space is required along with one site amenity. A segment of the City’s multi-use pathway is proposed & an additional amenity such as children’s play equipment (or something comparable) was recommended to be provided as a provision of the rezone. The applicant proposes a gazebo with picnic tables as another amenity. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Jon Breckon, Breckon Land Design; Howie Long ii. In opposition: Wyatt Dryden, Ingrid Dryden, Debra Nicholson, Todd Hanson, Marjorie Williams, Justin Williams iii. Commenting: Jamie Elliott, Bill Luke iv. Written testimony: None v. Key Issue(s): In favor of the proposed single-story homes and reduction in the number of homes proposed from the original application; Concern pertaining to an increase in traffic from the proposed development and impact on adjacent residences and children walking to school (there are no sidewalks along 7th St.) – suggestion of a 3-way stop on 7th Street for safety where the crosswalk leading to the school is located at the entry to the development; Desire for more trees to be provided within the development; Would like more of a transition in lot sizes from the adjacent subdivision to the west; Concern regarding common driveway (depicted on the plat as W. Cherry Ave.)/private driveway conflicts for the proposed lots and existing properties at the SEC of the site off N.W. 4th Street & access easement for the proposed lots via N.W. 4th St. Concern regarding continuance of irrigation service/rights; Key Issue(s) of Discussion by Commission: The provision of another site amenity as recommended by Staff and what kind of amenity would be appropriate (probably something other than a tot lot since the demographic will be 55+); Concern regarding feasibility of development of the lots at the SEC of the site pertaining to access via N.W. 4th St. across an existing parcel. The Commission liked the changes to the plat including the reconfiguration and reduction in the number of lots, single-level homes and increased common area. Commission Change(s) to Staff Recommendation: The requirement for an additional site amenity to be provided (see condition #1.1.7) Outstanding Issue(s) for City Council: Determination if a gazebo with picnic tables is acceptable as an additional amenity; if so, modify condition #1.1.7 accordingly. 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-2018-0018, as presented in the staff report for the hearing date of August 21, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0018, as presented during the hearing on August 21, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0018 to the hearing date of ___________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9D: Bountiful Commons - PP (H-2018-0067) Application(s): Preliminary Plat Size of property, existing zoning, and location: This site consists of 6.15 acres of land, zoned C-C & L-O zoning districts, located at 5960 N. Linder Rd. History: This property was annexed earlier this year as part of the Linder Mixed Use project; a DA was required as a provision of annexation. Comprehensive Plan FLUM Designation: MU-C & MU-N Summary of Request: The proposed plat consists of 6 building lots on 6.15 acres of land in the C-C & L-O zoning districts. The applicant proposes to develop a mix of retail & office uses on the site. Access is proposed via one access via N. Linder Rd. at the south boundary of the site & a north/south drive-aisle that serves as a frontage road to N. Linder Rd. that stubs to the north & south property lines for interconnectivity with adjacent developments. A cross- access easement is required to be provided between all of the proposed lots and to the adjacent properties to the north, west & south. A 35’ wide landscaped street buffer is required along Linder Rd., an entryway corridor as proposed. A 10’ wide segment of the City’s multi-use pathway system is required within the buffer. A 25’ wide buffer to residential uses is required with lot development to the residential properties to the east. A condition of approval (#1.1.7) recommended by the Commission requires the applicant to submit an exhibit depicting proposed fencing & landscape berm combination with the final plat application. Because this was a topic of discussion at the Commission hearing, staff recommends the Council make a decision on the buffer requirements with this application rather than with the final plat application. The applicant has submitted 2 different concept plans for the buffer, neither of which have a fence/berm combination as recommended by the Commission – Option 1 depicts a 3’ tall berm and no new fencing; and Option 2 depicts a new 6’ wood fence with no berm – the applicant would prefer Option 1. Conceptual building elevations were submitted for this development as shown. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Trevor Gasser, Applicant; Joe Marshall, Barbara & Leonard Badigian, Wendy McKinney ii. In opposition: None iii. Commenting: None iv. Written testimony: Greg Reynolds, Joe Marshall (petition w/6 signatures requesting a CMU fence built on top of a 3’ tall berm and landscaping consisting of a mix of evergreen & deciduous trees within the 25’ buffer to residential uses at the east boundary to be constructed at the beginning of construction on the site) v. Key Issue(s): Landscape berm & fencing along east boundary between subject property & residential subdivision to the east Key Issue(s) of Discussion by Commission: i. Coordination of berm and/or fence buffer between subject property & residential subdivision to the east. Commission Change(s) to Staff Recommendation: i. Recommend the submittal of an exhibit depicting proposed fencing & landscape berm combination with the final plat application. ii. Modification to condition #1.1.5 to allow one building permit to be issued prior to recordation of the plat. Outstanding Issue(s) for City Council: i. Determination of what type of buffer should be required along east boundary adjacent to residential uses. 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-2018-0067, as presented in the staff report for the hearing date of August 21, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0067, as presented during the hearing on August 21, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0067 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9E: Bountiful Commons - FP (H-2018-0084) Application(s): Final Plat Size of property, existing zoning, and location: This site consists of 6.15 acres of land, zoned C-C & L-O zoning districts, located at 5960 N. Linder Rd. Summary of Request: The applicant requests approval of a final plat consisting of 6 building lots on 6.15 acres of land in the C-C zoning district. The proposed final plat is in substantial conformance with the preliminary plat as required. Staff Recommendation: Approval w/conditions Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0084, as presented in the staff report for the hearing date of August 21, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0084, as presented during the hearing on August 21, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0084 to the hearing date of August 21, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Item #9F: Creamline Park – CPAM, RZ (H-2018-0051) Application(s): Comprehensive Plan Map Amendment Rezone Size of property, existing zoning, and location: This site consists of 8.06 acres of land, zoned C-G, located on the north side of W. Franklin Rd., just east of Linder Rd. History: This property was annexed in 2006 and included in the subdivision plat for Creamline Park Subdivision. A DA was required as a provision of annexation. Comprehensive Plan FLUM Designation: MU-C Summary of Request: The applicant proposes to amend the FLUM contained in the Comp Plan to change the land use designation on approximately 8.06 acres of land from the MU-C to the Industrial designation. The amendment is desired so the applicant can develop industrial rather than commercial uses on the property. Much of the area between Ten Mile Rd. & the City’s east boundary just west of Cloverdale south of the railway corridor consists of industrial uses with some commercial uses fronting on Franklin Rd. The applicant’s request is based on the adjacent industrial zoning/uses to the north & east, and the shortage of light industrial property in the City. A rezone of 8.74 acres is also proposed from the C-G to the I-L zoning district consistent with the proposed FLUM designation of Industrial. Although no development is proposed at this time, the applicant plans to develop the site with warehouse and/or flex space type uses which are listed as a principal permitted use in the I-L district. There is an existing DA for this site that governs future development. Because the property is zoned C-G & was previously planned to develop with commercial uses, the DA needs to be amended consistent with the proposed zoning & industrial use of the property. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Brad Miller, Van Auker Properties (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: Brad Miller, Van Auker Properties v. Key Issue(s): None Key Issue(s) of Discussion by Commission: None Commission Change(s) to Staff Recommendation: None 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-2018-0051, as presented in the staff report for the hearing date of August 21, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0051, as presented during the hearing on August 21, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0051 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9G: Tanner Creek (H-2018-0023) Application(s): Development Agreement Modification Comprehensive Plan Map Amendment Rezone Preliminary Plat Conditional Use Permit Size of property, existing zoning, and location: This site consists of 37.87 acres of land, zoned C-G, located at 505, 521, 615 & 675 W. Waltman Ln. on the north side of I-84, west of S. Meridian Rd. History: This property was annexed in 2006 with the requirement of a DA. In 2008, a preliminary plat was approved for Browning Plaza subdivision; several time extensions were approved but the plat expired on April 7, 2018. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The applicant proposes to replace the existing DA with a new agreement to accommodate the proposed residential development plan. The provisions of the existing DA are included in Exhibit A.9 of the staff report. The existing DA, recorded in 2008, is for a 400,000 square foot commercial development consisting of professional offices, a hotel, big box retail store & smaller retail spaces distributed among 21 separate buildings that was previously planned to develop on this site. Since many of these provisions do not apply to the proposed residential development, the applicant wishes to replace the agreement with a new DA based on the proposed development plan. Staff has reviewed the existing provisions that are still applicable to development of this property and have included them in the new DA. An amendment to the FLUM is proposed to change the land use designation on 39.25 acres of land from Commercial to MHDR. The applicant’s narrative states that because the site is located between ¼ and ½ mile west of S. Meridian Rd, a principal arterial street, on a local street (i.e. W. Waltman Ln.), commercial development is not viable. Therefore, the applicant requests an amendment to the FLUM in order to develop residential uses on the site. There are two (2) parcels located at 737 & 755 W. Waltman Ln. in Ada County that are included in the CPAM request that are not part of the proposed development plan. Staff requested the applicant include these parcels as leaving the two properties with a Commercial designation would not be compatible with existing abutting residential uses and future residential development if the proposed CPAM is approved. Approval of the requested FLUM amendment and proposed single-family detached, townhomes and multi-family housing would provide a transition in uses and zoning between the SFR subdivision zoned R-4 to the west and the Commercial designated property zoned C- G to the east. The Ten Mile Creek will provide a natural 100-foot wide transition and buffer area along the east boundary of the site between the proposed residential & future commercial developments. A rezone of 38.48 acres of land from the C-G to the R-15 (west 22.59 acres) and R-40 (east 15.89 acres) zoning districts is proposed consistent with the proposed CPAM designation of MHDR. A concept plan was submitted that depicts single-family detached dwellings along the perimeter boundary of the single-family portion of the site with townhomes internal to the development; and multi-family on the eastern portion of the site. A large central common area is proposed within the single-family portion of the site. Amenities for the multi-family development are separate from that of the single- family development. 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 rezone containing the provisions included in Exhibit B of the staff report. A preliminary plat is proposed consisting of 141 building lots (consisting of 126 single-family and 15 multi-family lots) and 18 common area lots on 37.87 acres of land. A phasing plan was also submitted that proposes 4 phases of development. Access is proposed via 2 new accesses from W. Waltman Lane; one for the single-family portion and one for the multi-family portion. An existing stub street (i.e. W. Ruddy Drive) at the west boundary of the site is proposed to be extended with development. A stub street is proposed to the out-parcel at the NWC of the site for future access upon redevelopment of that parcel; a concept plan has been submitted that depicts how those two properties could redevelop in the future. At the request of the emergency services, staff recommends private streets are provided within the multi-family portion of the site for addressing purposes. Waltman Lane is required to be improved as ½ of a 36’ wide collector street section, plus 12 feet of additional pavement for a total of 30 feet with curb, gutter, sidewalk and a gravel shoulder. Improvements to Waltman Lane will require the reconstruction of the existing bridge over the Ten Mile Creek. As part of this application, the applicant proposes to enter into a Cooperative Development Agreement with ACHD to construct the extension of Corporate Drive north of this site from its current terminus north of Ten Mile Creek to Waltman Lane. This will take place as part of the first phase of development & will provide additional access to the site and the area and provide for access while the Ten Mile Creek bridge on Waltman Lane is reconstructed. Street buffers are required to be provided along W. Waltman Ln. and I-84 in accord with UDC standards. The Commission recommends the entire street buffer and sidewalk along W. Waltman Lane is constructed with the 1st phase of development; and the entire street buffer, including the berm and wall, along I-84 is constructed with the 3rd phase of development. Noise abatement is required for residential developments adjacent to state & federal highways; the applicant proposes a 9’ tall berm & 4’ tall Simtek granite wall adjacent to I-84. Qualified open space and site amenities are proposed in accord with UDC standards; a total of 6.87 acres of open space and 8 site amenities are proposed. Site amenities for the overall development consist of a clubhouse, swimming pool, 2 playground areas, park area, pergola shade structure fire pit, a 10-foot wide multi-use pathway along the Ten Mile Creek and a pedestrian bridge over the creek for connectivity to the east. A Conditional Use Permit is requested for a multi-family development consisting of 272 dwelling units in 14 structures on 15.89 acres of land in the R-40 zoning district in accord with UDC Table 11-2A-2. The units will be housed in a mix of 8-, 16- and 24-plex 2- and 3- story structures ranging in size from 779 to 1,258 square feet. A mix of 1-bedroom (70), 2-bedroom (136) and 3-bedroom (66) units are proposed. Conceptual building elevations (photos and renderings) were submitted that depict the general style of development proposed for the development. All structures, except single-family residential detached homes, are required to comply with design standards. Additionally, because the rear and/or side of structures on Lots 2-9 and 33-48, Block 3; and Lots 2, 7, 9 and 14, Block 10, that face W. Waltman Lane and I-84 are highly visible, these elevations should 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. A minimum of 509 parking spaces are required with 272 of those being in a covered carport or garage; a total of 537 spaces are proposed with 272 being carport spaces for a total of 28 spaces above UDC standards. Commission Recommendation: Approval Summary of Commission Public Hearing: a. Summary of Commission Public Hearing: i. In favor: Matt Schultz (Applicant’s Representative) ii. In opposition: Clair Manning iii. Commenting: Bill Kissinger, Joe Lorcher, Michael Swenson, Geronimo Martinez, Steven Cooper iv. Written testimony: Bill Kissinger, Casper Larsen, Jerry P. (via Next Door), v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern regarding increase in traffic from proposed development and extension of Ruddy Drive from the west boundary – improvements (i.e. curb, gutter, sidewalks and designated bicycle lanes) to Waltman Lane needed prior to construction; ii. Opposition of more multi-family development in Meridian when schools and infrastructure may be inadequate to deal with current population; iii. Proposed density is too high – preference of single-family homes rather than apartments; iv. Concern regarding sufficiency of parking proposed for the multi-family development; vi. Impact of proposed development on existing area residents. c. Key Issues of Discussion by Commission: i. Phasing/timing of the street buffer landscaping along I-84; ii. Concern regarding long-term maintenance of the street buffer landscaping along I-84; iii. Improvements to Waltman Lane associated with the proposed development and extension of Corporate Drive; iv. Concern pertaining to loss of commercial uses on this property. d. Commission Change(s) to Staff Recommendation: i. Modification to DA provision #1.1.j and condition #1.2.3 to allow the street buffer along I-84 to be constructed with the third phase of development as requested by the Applicant instead of with the first phase; ii. Modification to DA provision #1.1c to remove the single-family residential lots adjacent to I-84 from the requirement to provide articulation on the elevations facing I-84; iii. Include a new DA provision that restricts single-family homes adjacent to I-84 to a single-story in height as proposed by the Applicant (#1.1.m). e. Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: Donna Aldrich Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0023, as presented in the staff report for the hearing date of August 21, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0023, as presented during the hearing on August 21, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0023 to the hearing date of August 21, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Item #9I: Fairbourne Subdivision (H-2018-0052) Application(s): Rezone Preliminary Plat Development Agreement Modification Size of property, existing zoning, and location: This site consists of 66.35 acres of land, zoned R-15, R-8 and C-C, located at at the NWC of W. Chinden Blvd and N. Black Cat Road. History: • In 2006, the subject property was annexed as the Tree Farm (AZ-06-004 and AZ-06-050) and was granted approval with R- 15, R-8 and C-C zoning districts. A Development Agreement (DA) (#106151218) was executed upon annexation of the property. Several addendums to the DA have also been recorded (#107025555 and #107141993). In 2007, a third addendum to the DA was approved and recorded (#107141993) that realigned the zoning district boundaries consistent with the approved preliminary plat. Comprehensive Plan FLUM Designation: Medium density residential, Low density residential and Mixed Use Community Summary of Request: Rezone (RZ): The subject property is governed by a development agreement (DA) recorded as instrument #106151218. The proposed rezone is generally consistent with the concept plan that was approved with The Tree Farm Annexation, and is generally consistent with the City’s Comprehensive Plan. The applicant is requesting to eliminate the R-15 zoned area, and to reduce the C-C zoning designation. The purpose of the rezone is to reduce the amount of commercial property and to increase the amount of residential property in the area. Development Agreement (DA): As part of this application, staff is requiring that the applicant enter into a new development agreement for the property subject to the requirements specified in the staff report. Preliminary Plat: The proposed plat consists of one hundred seventy-six (176) single family building lots, one (1) commercial lot and twenty-six (26) common lots on 66.35 acres of land. The R-8 and C-C zoning districts are appropriate for the proposed development. The gross density for the subdivision is 2.82 d.u./acre. The R-8 portion of the project is 62.41 acres of land. This portion consists of 176 single-family residential lots. The approximate gross density for the R-8 portion of the project is 2.82 dwelling units per acre, which is slightly under the target density of the MDR land use designation. The C-C portion of the project consists of one commercial lot and is approximately 4.8 acres in size. The applicant proposes to develop the property in four phases. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 district and Table 11-2B-3 for the C-C district. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 and C-C dimensional standards. Common Drives: There are four common driveways proposed. The applicant is proposing Lots 19-21, 33-35, and 43-45 of Block 7, and 15-16 of Block 1 take access from common driveways. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit. For any plats using a common driveway, the setbacks, 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. The applicant shall provide the required exhibits with the submittal of a final plat application. One of the common driveways (Lot 18, Block 7) will be used as an emergency access and will have bollards to limit vehicular access to emergency personnel and will have no parking signs. State Highways: Chinden Boulevard is a state highway. UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the ½ mile between sections. A note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The applicant should be required to construct noise abatement in compliance with UDC 11-3H-4D and ITD’s design requirements adjacent to the residential uses. The applicant should dedicate right-of-way, in accordance with ITD’s requirements, to allow for future highway expansion (100-feet from centerline proposed). The applicant should construct a 10-foot wide pathway along Chinden Boulevard (see UDC 11-3H-4C3). Access: Access to this development will be provided from N. Black Cat Road. The applicant has discussed the extension of N. Black Cat Road and N. Tree Farm Way with the adjacent property owner and with representatives of ACHD. This road should be constructed with the first phase of development. The access to the commercial parcel shall be off of Waverton Drive. Direct access to Black Cat shall not be permitted with this development. Black Cat Road from Chinden to Highland Falls Drive shall be constructed with the first phase of development. Landscaping, Open Space and Amenities: The applicant is proposing 8.97 acres (14.4%) of open space for the development. The applicant is also proposing to include a clubhouse, pool, children’s play structure and a pedestrian walking path as amenities for the subdivision. Based on the acreage of the plat, the applicant has met the requirements of UDC 11-3G in regards to the number of amenities required for the subdivision. Landscape Buffer along Chinden Boulevard: Chinden Boulevard, adjacent to the property, is classified as an Entryway Corridor on the Future Land Use Map, and requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35- foot wide landscape buffer along Chinden Boulevard, located outside of the future 200 foot right-of-way for the highway. There is approximately 55 additional feet that shall be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion. The applicant shall landscape this approximately 55 foot area with the exception of an allowable 10 feet that can be improved with gravel. Building Elevations: The submitted elevations depict a mix of building materials, decorative window and door trim, decorative corbels, covered entries, and stone wainscot consistent with the surrounding developments. Staff is of the opinion the future single-family homes will complement the existing homes in the area and demonstrate high quality materials (see Exhibit A.4). The rear and/or side of structures that face N. Black Cat Road and W. Chinden Blvd 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. Multi-Use Pathway: A multi-use pathway is required to be constructed on this site along Chinden Boulevard (SH 20/26) within a public use easement in accord with UDC 11-3H-4C.4. Certificate of Zoning Compliance (CZC) and Design Review (DES): CZC and DES applications are required to be submitted prior to issuance of building permits for any of the commercial structures as well as the clubhouse. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. The Meridian Planning & Zoning Commission heard these items on July 12, 2018. At the public hearing, the Commission moved to recommend approval of the subject Rezone, Preliminary Plat and Development Agreement Modification requests. a. Summary of Commission Public Hearing: vii. In favor: Sam Johnson, (Applicant) viii. In opposition: None ix. Commenting: None x. Written testimony: None xi. Staff presenting application: Josh Beach xii. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: v. How does this development impact the black Cat improvements on the corner with the Costco development? vi. The common lot on the north boundary of the site seems to be hidden from view from the adjacent public streets. Are the Fire and Police departments ok with the design? vii. How will this and other large developments in the area impact traffic congestion on Black Cat Road, Tree Farm Way and Chinden Blvd? di. Commission Change(s) to Staff Recommendation: iv. None f. Outstanding Issue(s) for City Council: i. None g. Written Comments Since Planning and Zoning Commission: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0052, as presented in the staff report for the hearing date of August 21, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0052, as presented during the hearing on August 21, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0052 to the hearing date of ___________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9C: Cherry Blossom – Vicinity/Zoning Map Proposed Preliminary Plat Common Open Space Exhibit Landscape Plan Concept Building Elevations Item #9D: Bountiful Commons (Preliminary Plat) Vicinity/Zoning Map Berm/Wall Combination Requested by Neighbors Conceptual Building Elevations Item #9E: Bountiful Commons Final Plat/Landscape Plan Item #9F: Creamline Park Vicinity/Zoning Map & Future Land Use Map Item #9G: Tanner Creek Vicinity/Zoning Map Proposed Zoning R- 15 R- 40 Conceptual Development Plan Preliminary Plat Concept Plan for Outparcels at Northwest Corner of Site Landscape Plan Cross-Section of Berm/Wall along I-84 Open Space & Site Amenities Site Plan 8 units 16 units 24 units clubhouse Item #9I: Fairbourne Sub.– Vicinity/Zoning Map Proposed Preliminary Plat Landscape Plan Landscape Plan Temporary access turnaround Proposed Amenities Conceptual Building Elevations Conceptual Building Elevations City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 9C Project File Number: H-2018-0018 Item Title: Public Hearing Continued For Cherry Blossom Subdivision Public Hearing Continued from July 24 for Cherry Blossom Subdivision (H-2018-0018) by Jayo Land Development Company, Located at 615 W. Cherry 1. Request: A Rezone of 10.74 Acres of Land from the R-4 to the R-8 Zoning District; and 2. Request: A Preliminary Plat Consisting of 47 Single -Family Residential Building Lots and 11 Common Lots on 10.25 Acres of Land in the Proposed R-8 Zoning District Meeting Notes ur APPROVED �- _ ,,U I TEM SHEET C ouncil Agenda I tem - 8.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from J uly 24 for C herry Blossom S ubdivision (H- 2018-0018) by J ayo L and D evelopment C ompany, Located at 615 W. C herry L ane C lick H ere for Application M aterials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 8/17/2018 P lanning and Zoning Commission Minutes B ackup Material 8/6/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/17/2018 - 4:39 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 607 of 902 Hearing Date: 8/21/2018 Hearing Type: Council Item Number: 9-C Project Name: Cherry Blossom Subdivision Project Number: H-2018-0018 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Harley Parson 1319 N Midtown St Meridian Id 83642 X X 8/21/2018 17:59 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 1 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Cherry Blossom Subdivision – RZ, PP (H-2018-0018) Note: The original application submitted by the Applicant contained 59 building lots and 10 common lots. A revised application and preliminary plat was submitted on June 8, 2018 that reflects 12 fewer building lots and a revised lot configuration based on earlier discussions with Staff. The information contained in this report is based on the revised application submittal. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Doug Jayo, Jayo Land Development Company, Inc., has submitted an application for rezone (RZ) of 10.74 acres of land from the R-4 to the R-8 zoning district; and a preliminary plat (PP) consisting of 47 single-family residential building lots and 11 common lots on 10.25 acres of land for Cherry Blossom Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ 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 April 19, May 17 and June 21, 2018. At the public hearing on June 21st, the Commission moved to recommend approval of the subject RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jon Breckon, Breckon Land Design (Applicant’s Representative); Howie Long ii. In opposition: Wyatt Dryden; Ingrid Dryden; Debra Nicholson; Todd Hanson; Marjorie Williams; Justin Williams iii. Commenting: Jamie Elliott, Bill Luke iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. In favor of the single-story homes proposed and the reduction in the number of homes proposed from the original application; ii. Concern pertaining to an increase in traffic from the proposed development and impact on adjacent residences and children walking to school (there are no sidewalks along 7th St.) – suggestion of a 3-way stop on 7th Street where the crosswalk leading to the school is located at the entry to the development for safety; iii. Desire for more trees to be provided within the development; iv. Would like more of a transition in lot sizes from the adjacent subdivision to the west; v. Concern regarding common driveway (depicted on the plat as W. Cherry Ave.)/private driveway conflicts for the proposed lots and existing properties at the southeast corner Meridian City Council Meeting Agenda August 21, 2018 – Page 608 of 902 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 2 of the site off N.W. 4th Street and whether or not an easement exists for access to the proposed lots via N.W. 4th St. vi. Concern regarding continuance of irrigation service/rights; vii. Concern regarding safety of children walking down 7th St. & Washington St. with no sidewalks to get to/from school – would like to see pathway through the site for children to use; c. Key Issues of Discussion by Commission: i. The provision of another site amenity as recommended by Staff and what kind of amenity would be appropriate (probably something other than a tot lot since the demographic will be 55+); ii. Concern regarding feasibility of development of the lots at the southeast corner of the site accessed off N.W. 4th St. pertaining to the access. iii. The Commission liked the changes to the plat including the reconfiguration and reduction in the number of lots, single-level homes and increased common area. d. Commission Change(s) to Staff Recommendation: i. Additional site amenity (see condition #1.1.7) e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0018, as presented in the staff report for the hearing date of August 21, 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-2018-0018, as presented during the hearing on August 21, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0018 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 615 W. Cherry Ln., in the NE ¼ of Section 12, Township 3N., Range 1W. (Parcel #R8512250150, R8512250140, S1212120850, and S1212120695). Note: Staff reviewed the warranty deed (recorded as Instrument #329628) for parcel #S1212120695 at the southeast corner of this site included in the plat as Lots 16-19 and has verified it is an original parcel of record as defined in UDC 11-1A-1. B. Owner: Jayo Holdings, LLC 10564 W. Business Park Ln. Boise, ID 83709 Meridian City Council Meeting Agenda August 21, 2018 – Page 609 of 902 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 3 C. Applicant: Doug Jayo, Jayo Land Development Company, Inc. 10564 W. Business Park Ln. Boise, ID 83709 D. Representative: Jon Breckon, Breckon Land Design 6661 N. Glenwood St. Garden City, ID 83714 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for rezone and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 30, 2018 (Commission); July 6, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: March 23, 2018 (Commission); June 29, 2018 (City Council) D. Applicant posted notice on site(s) on: April 9, 2018 and June 12, 2018; August 7, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The rezone area consists of rural residential land with an existing home, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Cherry Lane and single-family residential property, zoned L-O 2. West, South & East: Single-family residential properties, zoned R-4 & R-8 C. History of Previous Actions: This property was annexed in 1959 (Ord. #99, Welker Subdivision & J.L. Towne Subdivision) and 1965 (#145, Ayers) without a development agreement. D. Utilities: 1. Location of sewer: Sanitary sewer service to this development will be via new mainline extensions from the existing mains in NW 7th Street, W. McFadden Avenue, and W. Cherry Avenue. 2. Location of water: Water service to this development will be via new mainline extensions from the existing mains in NW 7th Street, W. McFadden Avenue, and W. Cherry Avenue. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Hunter Lateral runs along the east side of this property and was previously piped. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not within the Meridian Floodplain Overlay District. Meridian City Council Meeting Agenda August 21, 2018 – Page 610 of 902 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 4 VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (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). The applicant proposes to develop this 10.25 acre site with 47 single-family residential detached homes at a gross density of 4.6 dwelling units per acre (d.u./acre) consistent with the MDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density development with single-family detached homes will contribute to the variety of housing types in this area. Staff is unaware of how “affordable” the homes will be. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots with development of the site in accord with UDC 11-3A-21. “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 Hunter Lateral runs along the east boundary of this site and has been piped. “Require common area in all subdivisions.” (3.07.02F) Because this site is over 5 acres in size, the UDC (11-3G-3) requires a minimum of 10% qualified open space to be provided within the development. The applicant is proposing 1.11 acres (or 10.8%) of qualified open space within the development (see Exhibit A.4). “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of an existing stub street (W. McFadden Ave.) at the northeast boundary of the site and a new street connecting to N.W. 7th Street to the west near the south boundary of the site. “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The Pathways Master Plan depicts a segment of the City’s multi-use pathway system east/west through this site near the southern boundary; a multi-use pathway is proposed accordingly. Meridian City Council Meeting Agenda August 21, 2018 – Page 611 of 902 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 5 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the existing R-4 and proposed R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-family detached dwellings is a principal permitted use in the R- 8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district. D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-7 in accord with the standards listed in UDC 11-3B-7C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Rezone The applicant has applied for a rezone of 10.74 acres of land from the R-4 to the R-8 zoning district. The applicant proposes to develop 47 new single-family residential detached homes on the subject property as shown on the preliminary plat included in Exhibit A.2. The gross density of the development is 4.6 units per acre which is consistent with that desired in MDR designated areas per the Comprehensive Plan. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of rezone with the provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of a total of 47 building lots and 11 common lots on 10.25 acres of land in the proposed R-8 zoning district (see Exhibit A.2). The applicant proposes to develop single-family detached homes on this site that are a single-story in height. The subdivision is proposed to develop in one phase. The gross overall density for the subdivision is 4.6 dwelling units per acre (d.u./acre) with a net density of 6.5 d.u./acre. The minimum property size proposed in this development is 4,986 square feet (or 0.11 of an acre) with an average property size of 6,840 square feet (or 0.16 of an acre). This subdivision is proposed to develop in one phase. Meridian City Council Meeting Agenda August 21, 2018 – Page 612 of 902 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 6 Existing Structure: There is an existing home and several accessory structures located on the north end of this site that is proposed to be removed. All structures on the site shall be removed prior to signature on the final plat by the City Engineer. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the proposed R-8 zoning district. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 dimensional standards. Access: Two access points are proposed for the larger portion of this development. One via the extension of an existing stub street (i.e. W. McFadden Ave.) from N. Crestmont Dr. at the northeast corner of the site; and another at the southwest corner of the site via N.W. 7th St. Access to the 3 parcels at the southeast corner of the site is proposed via a common driveway from N.W. 4th Street across the adjacent parcel to the east. An access easement is required for access to these lots across Parcel No. S1212120690; the easement should specifically grant access to the proposed lots. The applicant is required to submit a recorded copy of the easement with the final plat application that contains those lots. Stub Streets: Because the area surrounding this site is fully developed, no new stub streets are proposed to adjacent properties. Common Driveways: All common driveways are required to comply with and be constructed per the standards listed in UDC 11-6C-3D. Three common driveways are depicted on the plat that comply with UDC standards. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed by a common driveway. All lots that abut the common driveway but aren’t taking access from the common driveway shall have driveways depicted on the opposite side of the lot from the common driveway. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings. Landscaping: Landscaping is required to be provided in the subdivision in accord with the standards listed in UDC 11-3B. A 25-foot wide street buffer is required along W. Cherry Lane as set forth in UDC Table 11- 2A-6, landscaped in accord with the standards listed in UDC 11-3B-7C; the proposed landscaping complies with UDC standards. Landscaping is required to be provided in common areas as set forth in UDC 11-3G-3E. Landscaping is required along pathways (micro-paths as well as multi-use pathways) as set forth in UDC 11-3B-12C. Only vegetative groundcover is proposed within Lot 13, Block 4 along the micro-path; a minimum of one (1) tree is required to be provided. No landscaping other than grass is proposed along the north side of the multi-use pathway; no landscaping is proposed between the south side of the pathway and the curb. A minimum 5- foot wide landscape strip is required between the curb and sidewalk with landscaping on both sides of the pathway (including one tree per 100 lineal feet) per the standards listed in UDC 11-3B-12C; or, submit an application for Alternative Compliance for Meridian City Council Meeting Agenda August 21, 2018 – Page 613 of 902 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 7 landscaping to only be provided on one side of the pathway since the pathway is taking the place of the sidewalk in that area. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement as set forth in UDC 11-3B-10C.5. Prior to removal of any of the existing trees from the site, the applicant should contact Elroy Huff, City Arborist, to schedule an inspection. All mitigation information should be included on a revised plan. Open Space/Site Amenities: Qualified open space and site amenities are required to be provided with developments 5 acres or more in size per UDC 11-3G-2. Based on the area of the proposed development (i.e. 10.25 acres), a minimum of 1.03 acres of qualified open space and one (1) site amenity is required. The applicant proposes to provide 1.11 acres (or 10.8%) of qualified open space in accord with UDC standards consisting of half the street buffer along W. Cherry Ln. and internal common open space areas greater than 50’ x 100’ in area. (Note: The full buffer width along Cherry was included in the calculations, however, there was also area outside of the 50’ x 100’ area that was not included that makes up the difference.) The applicant proposes to construct a segment of the City’s multi-use pathway system through this site as an amenity along the north side of Cedarburg Street with a micro-path connection to an existing micro-path to the east. Staff recommends an additional amenity such as children’s play equipment (or something else comparable) is provided; the applicant should identify the additional amenity at the Commission hearing. Pathways: The Pathways Master Plan depicts a segment of the City’s 10-foot wide multi-use pathway system east/west through the southern portion of the site. The pathway is required to be constructed in accord with the standards in the Plan and have landscaping adjacent to the pathway in accord with the standards listed in UDC 11-3B-12C as noted above under Landscaping. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide attached sidewalks are proposed throughout the development in accord with UDC standards. A detached sidewalk is typically required along arterial streets; however, because an attached sidewalk exists along W. Cherry Ln., staff is not recommending it be replaced with a detached sidewalk. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Pressurized irrigation is proposed to be provided by the Nampa and Meridian Irrigation District. A pressure irrigation line/easement is depicted through the middle of Lot 19, Block 4; this easement should be relocated adjacent to a perimeter lot line. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in Meridian City Council Meeting Agenda August 21, 2018 – Page 614 of 902 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 8 UDC 11-3A-18. Drainage areas that are counted toward the minimum qualified open space standards are required to comply with the standards listed in UDC 11-3B-11C. Waterways: The Kennedy Lateral runs along the east boundary of this site and has been piped. If there is a NMID easement for the waterway, it’s required to be depicted on the plat. If the easement is greater than 10 feet in width, it is required to be included in a common lot that is a minimum of 20’ wide and outside of a fenced area, unless modified by City Council at a public hearing with notice to surrounding property owners in accord with UDC 11-3A-6BD. This section of the lateral is a private users system and is beyond NMID’s jurisdiction; NMID does not claim any easements on this section, per Greg Curtis, NMID. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A- 7. A mix of 6-foot tall open and closed style fencing is depicted on the landscape plan; a detail of the proposed fencing type should be submitted with the final plat application. Building Elevations: The applicant has submitted conceptual building elevations for future homes within this development (see Exhibit A.4). Building materials consist of stucco with stone veneer accents. Future development should be generally consistent with these elevations and materials. Based on the above analysis, Staff recommends approval of the proposed rezone with the requirement of a development agreement and preliminary plat with the conditions of approval listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 2/8/18) 3. Proposed Landscape Plan (dated: 2/8/18) 4. Qualified Open Space Exhibit (dated: 6/8/18) 5. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 21, 2018 – Page 615 of 902 Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda August 21, 2018 – Page 616 of 902 Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 6/8/18) Meridian City Council Meeting Agenda August 21, 2018 – Page 617 of 902 Exhibit A Page 3 3. Proposed Landscape Plan (dated: 6/8/18) Meridian City Council Meeting Agenda August 21, 2018 – Page 618 of 902 Exhibit A Page 4 Meridian City Council Meeting Agenda August 21, 2018 – Page 619 of 902 - 2 - 4. Qualified Open Space Exhibit (dated: 6/8/18) Meridian City Council Meeting Agenda August 21, 2018 – Page 620 of 902 - 3 - 5. Conceptual Building Elevations Meridian City Council Meeting Agenda August 21, 2018 – Page 621 of 902 - 4 - Meridian City Council Meeting Agenda August 21, 2018 – Page 622 of 902 - 5 - Meridian City Council Meeting Agenda August 21, 2018 – Page 623 of 902 - 6 - Meridian City Council Meeting Agenda August 21, 2018 – Page 624 of 902 - 7 - Meridian City Council Meeting Agenda August 21, 2018 – Page 625 of 902 - 8 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Comments/Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting rezone. The DA shall, at minimum, incorporate the following provisions: a. Development shall substantially comply with the preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and the associated conditions of approval in the staff report. b. The developer shall obtain an easement across Parcel No. S1212120690 specifically for access to Lots 16, 17 and 19 at the southeast corner of the site. A copy of the recorded easement shall be submitted to the City prior to or with submittal of the final plat application. c. All homes constructed on the site shall be restricted to a single-story in height as proposed by the Developer. 1.1.2 Based on the preliminary plat included in Exhibit A.2, dated 6/8/18, the final plat shall include the following revisions: a. If there are any irrigation easements greater than 10 feet in width, they shall be included in a common lot that is a minimum of 20 feet in width and outside of a fenced area, unless modified by City Council per UDC 11-3A-6D. If an easement exists for the Hunter Lateral along the east boundary of this site, label it accordingly. b. Re-number the Block numbers – the block on the west side of Cherry Blossom Place and the north side of Cedarburg Street shall be Block 1; and the block on the east side of Cherry Blossom Place, the south side of Cedarburg Street and the north side of W. Cherry Avenue shall be Block 2. c. A pressure irrigation easement is depicted through the middle of Lot 19, Block 4; this easement should be relocated adjacent to a perimeter lot line. d. Lot 18, Block 4 is a common driveway and shall not be named; remove the “W. Cherry Ave.” label. 1.1.3 The landscape plan included in Exhibit A.4, dated 6/8/2018, shall be revised as follows: a. Include mitigation information on the plan for any existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement as set forth in UDC 11-3B-10C.5; contact Elroy Huff, City Arborist, (208-489-0589) to schedule an inspection to determine mitigation requirements prior to removal of any trees from the site. b. Include a minimum of one (1) tree within Lot 13, Block 4 along the pathway as set forth in UDC 11-3B-12C.2. c. Include a detail of the proposed fencing types in accord with the standards listed in UDC 11- 3A-7. Meridian City Council Meeting Agenda August 21, 2018 – Page 626 of 902 - 9 - d. Under Project Information, remove “building size” as there is no minimum building size in the R-8 district; and correct the “lot size” to reflect the minimum required of 4,000 square feet. e. On the north side of Cedarburg Street, a minimum 5-foot wide landscape strip is required between the curb and sidewalk with landscaping on both sides of the pathway per the standards listed in UDC 11-3B-12C. An application for Alternative Compliance may be submitted for landscaping to only be provided on one side of the pathway since the pathway is taking the place of the sidewalk in that area. f. Revise the landscape plan to coincide with the changes to the plat noted above in condition #1.1.3. 1.1.4 Submit an exhibit with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures that are accessed from common driveways as set forth in UDC 11-6C-3D. The driveways for lots that abut the common driveway but are not taking access from the common driveway shall be depicted on the opposite site of the lot from the common driveway. 1.1.5 The common driveways proposed within the development shall be constructed in accord with the standards listed in UDC 11-6C-3d. 1.1.6 A perpetual ingress/egress easement for the common driveways 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; a copy of the recorded easements shall be submitted with the final plat for City Engineer signature. 1.1.7 The applicant shall provide a segment of the City’s multi-use pathway system through this site as proposed and one (1) additional site amenity such as children’s play equipment (or something else comparable); the applicant shall identify a second amenity at the Commission hearing. 1.1.8 The amended development agreement shall be recorded prior to submittal of a final plat application for the proposed development. 1.1.9 All existing structures on the site shall be removed prior to City Engineer signature on the final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. Meridian City Council Meeting Agenda August 21, 2018 – Page 627 of 902 - 10 - 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. Meridian City Council Meeting Agenda August 21, 2018 – Page 628 of 902 - 11 - 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street 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. 2.1.2 Water service to Lot 19, Block 4 should come from W Cherry Avenue, not to the back corner of the lot as proposed. 2.1.3 Sanitary sewer and water service to the lots fronting a common driveway shall come from service lines extended from the public right-of-way, and not from mainline extensions within said driveways. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC Meridian City Council Meeting Agenda August 21, 2018 – Page 629 of 902 - 12 - 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 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. Meridian City Council Meeting Agenda August 21, 2018 – Page 630 of 902 - 13 - 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 comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 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 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. 4.4 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. Cul-D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking – Fire Lane” per International Fire Code Sections 503.3 & D103.6. Meridian City Council Meeting Agenda August 21, 2018 – Page 631 of 902 - 14 - 4.5 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. 4.6 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. 4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.3 & D103.6. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 4.10 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). 4.11 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 80,000 GVW as set forth in International Fire Code Section 503.2.1 and D103.6.1 and D103.6.2. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 The project developer shall design and construct a multi-use pathway consistent with the location and specifications set forth in the Meridian Pathways Master Plan (Chapter 3) to connect NW 7th Street with the proposed Cherry Blossom Place. Pathway may be provided as a 10’ attached sidewalk along the north side of Cedarburg Street (proposed). 6.2 Prior to final approval, the applicant shall submit a public access easement for any additional width required beyond the public street right-of-way (Cedarburg Street) in order to achieve the 10’ multi-use pathway described above to the Planning Division for Council approval and subsequent recordation. 6.3 The applicant shall also submit a public access easement for the micro-pathway depicted between lots 17 & 18, to provide a connection to the existing micro-pathway at W. Maple Drive in the adjacent Midtown Square subdivision to the east. The easement shall be a minimum of 7’ wide (5’ pathway + 1’ shoulder each side). Use standard City template for public access easements. Easement checklist must accompany all easement submittals. 6.4 Construct all pathways per typical paving section(s) as shown in the Meridian Pathways Master Plan Chapter 3. 6.5 The owners (or representative association) of the properties affected by the public access easement(s) shall have an ongoing obligation to maintain the multi-use pathways. Meridian City Council Meeting Agenda August 21, 2018 – Page 632 of 902 - 15 - 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Correct deficiencies and replace any broken or deteriorated portions of curb, gutter, and sidewalk on Cherry Lane abutting the site. 7.1.2 Construct 5-foot wide sidewalk on NW 7th Street abutting the site. 7.1.3 Provide a permanent right-of-way easement to 2-feet behind the back of sidewalk for any public sidewalk located outside of the dedicated right-of-way. 7.1.4 Correct deficiencies and replace any broken or deteriorated portions of curb and gutter, on NW 7th Street abutting the site. 7.1.5 Continue McFadden Avenue into the site with curb, gutter and attached sidewalk to intersect Cherry Blossom Place. 7.1.6 Construct the knuckle on McFadden Avenue with a minimum 45-foot back of curb radius. 7.1.7 Construct Cherry Blossom Place and Winsford Court as 33-foot street sections with curb, gutter and 5-foot wide attached sidewalk within 47-feet of right-of-way. 7.1.8 Terminate Winsford Court in a cul-de-sac, approximately 440-feet south of McFadden Avenue, as proposed. 7.1.9 Construct Cedarburg Street as a 33-foot street section with curb gutter and 5-foot wide sidewalk on the south side of Cedarburg Street and a 10-foot wide pathway on the north side of Cedarburg Street within 52-feet of right-of-way. 7.1.10 Construct the cul-de-sac and the knuckle with a minimum 45-foot turning radius. 7.1.11 Pave the existing drive aisle its full width and a minimum of 30-feet into the site from the edge of pavement on 4th Street. 7.1.12 Direct lot access to Cherry Lane is prohibited and shall be noted on the final plat. 7.1.13 Payment of impact fees is due prior to issuance of a building permit. 7.1.14 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. Meridian City Council Meeting Agenda August 21, 2018 – Page 633 of 902 - 16 - 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 8. CENTRAL DISTRICT HEALTH DEPARTMENT Meridian City Council Meeting Agenda August 21, 2018 – Page 634 of 902 - 17 - 9. NAMPA MERIDIAN IRRIGATION DISTRICT Meridian City Council Meeting Agenda August 21, 2018 – Page 635 of 902 - 18 - 10. IDAHO TRANSPORTATION DEPARTMENT (ITD) Meridian City Council Meeting Agenda August 21, 2018 – Page 636 of 902 - 19 - C. Legal Description & Exhibit Map for Rezone Boundary Meridian City Council Meeting Agenda August 21, 2018 – Page 637 of 902 - 20 - Meridian City Council Meeting Agenda August 21, 2018 – Page 638 of 902 - 21 - Meridian City Council Meeting Agenda August 21, 2018 – Page 639 of 902 - 22 - Meridian City Council Meeting Agenda August 21, 2018 – Page 640 of 902 - 23 - D. Required Findings from Unified Development Code 1. 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: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property from R-4 to R-8 and develop 47 new single-family residential detached homes at a gross density of 4.6 units per acre consistent with the MDR FLUM designation. The Commission finds the proposed amendment complies with the applicable provisions of the Comprehensive Plan as noted above in Section VII and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds rezoning this property to the R-8 zoning district is in the best interest of the City if the applicant develops the site in accord with the proposed plat. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Meridian City Council Meeting Agenda August 21, 2018 – Page 641 of 902 - 24 - b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. f. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting Agenda August 21, 2018 – Page 642 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 9D Project File Number: H-2018-0067 Item Title: Public Hearing Continued For Bountiful Commons Subdivision Public Hearing for Bountiful Commons Subdivision (H-2018-0067) by TMEG Properties, L.L.C. Located at 5960 N. Linder Rd. 1. Request: A Preliminary Plat consisting of 6 building lots on 6.15 acres of land in the C -C and L -O zoning districts Meeting Notes � APPROon= VED I TEM SHEET C ouncil Agenda I tem - 8.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for B ountiful C ommons S ubdivision (H-2018-0067) by T M E G Properties, L .L .C . Located at 5960 N. L inder Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 8/15/2018 P lanning and Zoning Commission Minutes B ackup Material 8/6/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/15/2018 - 8:42 A M Meridian City Council Meeting Agenda August 21, 2018 – Page 659 of 902 Hearing Date: 8/21/2018 Hearing Type: Council Item Number: 9-D Project Name: Bountiful Commons Subdivision Project Number: H-2018-0067 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Barbara badigian 5965 N Arliss Ave Meridian Id 83646 X 8/21/2018 17:50 Leonard Badigian 5965 N Arliss Ave Meridian idaho 83646 X 8/21/2018 17:51 Wendy McKinney 1225 W. Bacall St.Meridian 83646 X 8/21/2018 18:10 Bountiful Commons H-2018-0067 PAGE 1 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bountiful Commons Subdivision – H-2018-0067 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Trevor Gasser, TMEG Properties, LLC, has submitted an application for a preliminary plat (PP) consisting of six (6) buildable lots in the C-C and L-O zoning districts for Bountiful Commons Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on July 19, 2018. At the public hearing, the Commission moved to recommend approval of the subject preliminary plat requests. a. Summary of Commission Public Hearing: i. In favor: Trevor Gasser, Applicant; Joe Marshall, Neighbor, Barbara Badigian, Neighbor; Leonard Badigian, Neighbor; Wendy McKinney, Neighbor ii. In opposition: None iii. Commenting: Joe Marshall, Neighbor; Wendy McKinney, Neighbor iv. Written testimony: Letter from Greg Reynolds; Letter and petition for fence/berm combination from Joe Marshall v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Sonya Allen b. Key issue(s) of Public Testimony: i. Landscape berm and fencing along east boundary between property and residential subdivision to the east (Paramount). c. Key Issues of Discussion by Commission: i. Coordination of berm and/or fence buffer between C-C zoning and residential subdivision to the east between applicant and residents. d. Commission Change(s) to Staff Recommendation: i. Submit an exhibit depicting proposed fencing and landscape berm combination with the final plat application. ii. Modified condition 1.1.5 to allow one building permit prior to recordation of the plat. e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- Meridian City Council Meeting Agenda August 21, 2018 – Page 660 of 902 Bountiful Commons H-2018-0067 PAGE 2 0067, as presented in the staff report for the hearing date of August 21, 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-2018-0067, as presented during the hearing on August 21, 2018, for the following reasons: (Add any proposed modifications). Continuance I move to continue File Number H-2018-0067 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 5960 North Linder Road, in a portion of the SW ¼ of the NW ¼ of Section 24, Township 4N., Range 1W. B. Owner/Applicant: Archie Douglas Stewart Trevor Gasser, TMEG Properties Kellie Watkins 74 E 500 South, Suite 200 5960 N. Linder Road Bountiful, UT 84010 Meridian, ID 83646 C. Representative: Alyssa Yensen, KM Engineering 9233 W. State Street Boise, ID 83714 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 29, 2018 (Commission); August 3, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: June 22, 2018 (Commission); July 26, 2018 (Council) D. Applicant posted notice on site(s) on: July 5, 2018 (Commission); August 9, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The property consists of property zoned C-C and L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant property, zoned RUT in Ada County. 2. East: Single-family residential property in the Paramount Subdivision, zoned R-8. 3. South: Rural residential property, vacant land and Paramount Village Center, zoned L-O. 4. West: N. Linder Road and single-family residential property in the Lochsa Falls Subdivision, zoned R-4. Meridian City Council Meeting Agenda August 21, 2018 – Page 661 of 902 Bountiful Commons H-2018-0067 PAGE 3 C. History of Previous Actions: 1. In 2018, the property was annexed and zoned from RUT to C-C as part of the Linder Mixed Use project (H-2017-0095, DA Instrument # 2018-052340). In 2018, the Director approved a PBA (A-2018-0138) to reconfigure the L-O zoned properties. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in S. Linder Road, approximately 575-feet south of the southwest corner of the subject site. 2. Location of water: A water main intended to provide service to the subject site currently exists in S. Linder Road. 3. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This project does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properties are designated Mixed Use - Community (MU-C) and Mixed Use - Neighborhood (MU-N) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The MU-C and MU-N designations allow for a variety of uses 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. 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 area encouraged. The applicant proposes to develop the property with 6 commercial lots. As part of the annexation, approval a concept plan was tied to the property through the approval of a development agreement to ensure the development of the site complies with the aforementioned mixed-use standards. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) The subject property will have a 25 foot landscape buffer between the existing residential neighborhood to the east, providing adequate separation between R-8 and the proposed C-C zoned uses. The L-O portion of the site does not abut a residential district or use. 2. “Cluster new community commercial areas on arterials or collectors near residential areas in such a way as to complement adjoining residential areas.” (3.06.02B) The subject property will provide office and retail lots adjacent to N. Linder Rd. and will provide community services to the adjoining neighborhoods. 3. “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02N) Meridian City Council Meeting Agenda August 21, 2018 – Page 662 of 902 Bountiful Commons H-2018-0067 PAGE 4 A commercial driveway is proposed to provide for cross-access to the north, south and west to reduce access points on Linder Road. 4. “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The City’s multi-use pathway system, a segment of which is proposed along the frontage of this site on N. Linder Road, will eventually connect Meridian with adjacent cities. 5. “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) A 35-foot wide landscaped street buffer is required along N. Linder Road, an entryway corridor, with development of the site. Based on the above analysis, staff finds that the proposed development is consistent with the Comprehensive Plan and recommends approval. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: Commercial: 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 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-C and L-O districts consist of a larger scale and broader mix of retail, office, and service uses and typically have access to arterial streets or non-residential collector streets. B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-C and L-O zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2B-3 for the C-C and L-O zoning districts. D. Landscaping: Landscaping is required within parking areas in accordance with the standards listed in UDC 11-3B-8C; within street buffers in accord with UDC 11-3B-7C; and within common areas and along street-facing elevations in accord with UDC 11-3G-3 and 11-4-3-27-F. Street buffers and buffers to residential uses are required as set forth in UDC Table 11-2B-3. A 25-foot landscape buffer is proposed along N. Linder Rd. and the abutting residential use to the east. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Preliminary Plat: The proposed plat consists of six (6) commercial building lots on 6.145 acres of land in the C-C and L-O zoning districts (see Exhibit A.2). Existing Structures: There is one existing structure on the site that will be demolished as part of this project. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2B-3 for the C-C and L-O districts. There are no minimum Meridian City Council Meeting Agenda August 21, 2018 – Page 663 of 902 Bountiful Commons H-2018-0067 PAGE 5 dimensional requirements in the C-C and L-O districts, staff has reviewed the proposed plat and found it to be in compliance. Dimensional requirements and setbacks will apply upon development of sites. Access: Vehicular access is proposed for this site via one access via N. Linder Road at the south boundary of the site and a north/south drive-aisle that serves as a frontage road to N. Linder Road that stubs to the north and south property lines for interconnectivity with adjacent developments in accord with UDC 11-3A-3. The applicant should provide cross access to all of the properties with the subdivision and parcels north (parcel #S0425223010), west (parcel #S0425233830) and south (parcel #S0425233810) so all of the lots have access to Linder Road until the adjacent parcel to the north develops (Linder Village). Streets: There are no public streets proposed with this development. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 10-foot wide detached sidewalk (multi-use pathway) with this project. A recreational pathway may need to be recorded if ACHD does not require a separate pedestrian easement. Landscaping: The only required landscaping for the proposed development is the 35-foot wide landscape buffer adjacent to N. Linder Road. Staff has reviewed the buffer for conforman ce with the UDC and finds the landscape buffer generally meets the requirements of UDC 11-3B-7C. Further, the preliminary plat for this project depicts a landscape buffer along the residential use to the east, but is not required until lot development. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Fencing: Any existing and proposed fencing for the development shall be included on either a site plan or landscape plan and shall comply with the standards listed in UDC 11-3A-6B and 11- 3A-7. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. The applicant is proposing to use City’s domestic water as irrigation, however as noted in UDC 11-3A-15.C, the applicant has not provided a waiver of requirements from the irrigation district of proof that they do not have water rights. Use of the City’s domestic water as irrigation shall be a last option in providing irrigation water to a proposed development. Building Elevations: The applicant is proposing to construct a mix of retail and office buildings. The applicant has submitted conceptual sample building elevations for future retail and restaurant spaces and office buildings in this development, included in Exhibit A.4. Building materials appear to consist of a mix of variety of stucco, cultured stone and/or masonry with architectural shingles. CZC and DES approval is required prior to issuance of building permit. In accord with the Findings contained in Exhibit C, Staff recommends approval of the proposed preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. Meridian City Council Meeting Agenda August 21, 2018 – Page 664 of 902 Bountiful Commons H-2018-0067 PAGE 6 X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: June 8, 2018) 3. Proposed Landscape Plan (dated: June 8, 2018) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 21, 2018 – Page 665 of 902 Bountiful Commons H-2018-0067 PAGE 9 A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda August 21, 2018 – Page 666 of 902 Bountiful Commons H-2018-0067 PAGE 10 2. Proposed Preliminary Plat (dated: June 8, 2018) Meridian City Council Meeting Agenda August 21, 2018 – Page 667 of 902 Bountiful Commons H-2018-0067 PAGE 13 3. Proposed Landscape Plan (dated: June 8, 2018) Meridian City Council Meeting Agenda August 21, 2018 – Page 668 of 902 Bountiful Commons H-2018-0067 PAGE 14 4. Conceptual Building Elevations Meridian City Council Meeting Agenda August 21, 2018 – Page 669 of 902 Bountiful Commons H-2018-0067 PAGE 15 Meridian City Council Meeting Agenda August 21, 2018 – Page 670 of 902 Bountiful Commons H-2018-0067 PAGE 16 Meridian City Council Meeting Agenda August 21, 2018 – Page 671 of 902 Bountiful Commons H-2018-0067 PAGE 17 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 Applicant shall meet all terms of the approved annexation (H-2017-0095, DA Instrument # 2018- 052340). 1.1.2 The preliminary plat included in Exhibit A.2, dated June 8, 2018, shall be revised as follows: a. Other than the shared access to N. Linder Road on the south boundary of the plat, include a note on the plat indicating that direct lot access to N. Linder Rd. is prohibited in accord with UDC 11-3A-3. b. The developer shall grant a cross-access/ingress-egress easement to all of the properties within the boundary of the plat and those parcels located to the north (parcel #S0425223010), west (parcel #S0425233830) and south (parcel #S0425233810) in accord with UDC 11-3A-3. A recorded copy of the easement shall be submitted to the Planning Division with the first Certificate of Zoning Compliance application for the development. 1.1.3 The landscape plan included in Exhibit A.3, dated June 8, 2018, shall be revised as follows: a. There are existing trees on the site that are going to be removed, the applicant shall contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site shall be noted on the landscape plan submitted with a final plat application. b. Applicant shall construct a 35-foot wide landscape buffer abutting N. Linder Road in accord with UDC 11-3B-7C. c. Applicant shall coordinate with ACHD and construct a 10-foot multi-use pathway along N. Linder Road. The applicant shall submit and record a pedestrian easement over the pathway unless a pedestrian easement is required by ACHD. 1.1.4 Comply with ACHD conditions of approval. 1.1.5 Applicant shall record final plat prior to applying for building permit. Applicant is allowed one (1) building permit prior to recordation of the final plat. 1.1.6 The applicant shall obtain approval of Certificate of Zoning Compliance and Design Review application from the Planning Division prior to applying for building permit. 1.1.7 Submit an exhibit depicting proposed fencing and landscape berm combination with the final plat application. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-C and L-O zoning district listed in UDC Table 11-2B-3. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6. 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. Meridian City Council Meeting Agenda August 21, 2018 – Page 672 of 902 Bountiful Commons H-2018-0067 PAGE 18 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 The street buffer shall be maintained by an owner or the business association as set forth in UDC 11-3B-7C-2b and 11-3B-13. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda August 21, 2018 – Page 673 of 902 Bountiful Commons H-2018-0067 PAGE 19 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to extend the 8-inch diameter water main to north property boundary for future tie-in. 2.1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.4 A future installation agreement for streetlights on N. Linder Road may be considered due to upcoming construction by ACHD on N. Linder Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at Meridian City Council Meeting Agenda August 21, 2018 – Page 674 of 902 Bountiful Commons H-2018-0067 PAGE 20 (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 applicant’s 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 Meridian City Council Meeting Agenda August 21, 2018 – Page 675 of 902 Bountiful Commons H-2018-0067 PAGE 21 deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department did not provide comments on this application. 4. FIRE DEPARTMENT 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. Cul-D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking – Fire Lane” per International Fire Code Sections 503.3 & D103.6. 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. 4.3.1 Requirements for dead-end fire apparatus access roads that are between 500’-750’ in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39- feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750’ in length per International Fire Code Section D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 80,000 GVW. 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. Meridian City Council Meeting Agenda August 21, 2018 – Page 676 of 902 Bountiful Commons H-2018-0067 PAGE 22 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 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. 4.8 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 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. 4.10 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 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. 4.14 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. 4.14.1 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) 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Provide a road trust deposit in the amount of $16,750.00 to pay for 5-foot wide detached concrete sidewalk to be constructed abutting the site, as part of ACHD’s Linder Road widening project. Meridian City Council Meeting Agenda August 21, 2018 – Page 677 of 902 Bountiful Commons H-2018-0067 PAGE 23 7.1.2 Construct one temporary full access driveway onto Linder Road located at the site’s south property line. The driveway is restricted to a maximum width of 36-feet. Construct the driveway as a curb return type driveway. Pave the driveway, its full width at least 30-feet into the site beyond the edge of Linder Road. The driveway may be restricted in the future as traffic conditions warrant; as determined by ACHD. 7.1.3 Payment of impact fees is due prior to issuance of a building permit. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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. Meridian City Council Meeting Agenda August 21, 2018 – Page 678 of 902 Bountiful Commons H-2018-0067 PAGE 24 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. Meridian City Council Meeting Agenda August 21, 2018 – Page 679 of 902 Bountiful Commons H-2018-0067 PAGE 25 C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted and proposed Comprehensive Plan in regard to design and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council consider comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented to them when determi ning whether or not the proposed subdivision may cause health, safety or environmental problems of which Commission is unaware. f. The development preserves significant natural, scenic or historic features. The Commission is unaware of any natural, scenic or historic features on this site. Therefore, the Commission finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council may consider any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Commission is unaware. Meridian City Council Meeting Agenda August 21, 2018 – Page 680 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 9E Project File Number: H-2018-0067 Item Title: Final Plat for Bountiful Commons Final Plat for Bountiful Commons (H-2018-0084) by TMEG Properties Located at 5960 N. Linder Rd. Meeting Notes 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 8.E . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for B ountiful C ommons (H-2018-0084) by T M E G P roperties L ocated at 5960 N. L inder Rd. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 8/17/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/17/2018 - 11:43 A M Meridian City Council Meeting Agenda August 21, 2018 – Page 692 of 902 Bountiful Commons – FP H-2018-0084 PAGE 1 STAFF REPORT MEETING DATE: August 21, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bountiful Commons – H-2018-0084 I. APPLICATION SUMMARY The applicant, TMEG Properties, LLC, has applied for a final plat (FP) consisting of six (6) building lots on 6.15 acres of land in the L-O and C-C zoning districts for Bountiful Commons Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Bountiful Commission final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0084 as presented in the staff report for the hearing date of August 21, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0084, as presented during the hearing on August 21, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0084 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 5960 N. Linder Rd., in the northwest ¼ Section 25, T. 4N., R. 1W. B. Applicant: Trevor Gasser, TMEG Properties, LLC 74 East 500 South, Suite #200 Bountiful, UT 84010 C. Owner: Same as applicant Meridian City Council Meeting Agenda August 21, 2018 – Page 693 of 902 Bountiful Commons – FP H-2018-0084 PAGE 2 D. Representative: Kelly Kehrer, KM Engineering, LLP 9233 W. State Street Boise, ID 83714 V. STAFF ANALYSIS The proposed final plat depicts six (6) building lots on 6.15 acres of land in the C-C zoning district. Development is required to comply with the dimensional standards of the L-O and C-C zoning districts listed in UDC Table 11-2B-3. Staff has reviewed the proposed plat for compliance with the aforementioned dimensional standards and found the plat to be in compliance with those standards. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found the final plat to be in substantial compliance with the approved preliminary plat per the standards listed in UDC 11-6B-3C.2. At the Commission hearing for the preliminary plat, there was discussion regarding the type of land use buffer/fencing to be provided along the east boundary. A condition of approval was added for the applicant to submit an exhibit with the final plat application depicting the proposed fencing and landscape berm combination. The applicant has submitted 2 different options for the buffer – one with a landscaped berm and no new fencing; and one with landscaping and a new 6’ tall fence without a berm (see Exhibit E). If the latter option is chosen, a 2’ wide area would be created between the proposed fence and the existing fence as the existing fence is constructed approximately 2’ inside the property line. The type of buffer should be determined by Council at the public hearing for the preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (H-2017-0095, Development Agreement Instrument #2018-052340) and preliminary plat (H-2018-0067). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of approval of the preliminary plat; or, apply for a time extension on the preliminary plat 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 The Land Group, stamped on 7/31/18 by Kelly Kehrer, shown in Exhibit C shall be revised as follows: a. Include the recorded instrument number of the City of Meridian sewer and water easement graphically depicted on Sheet 1. b. Include the recorded instrument number of the 30’ cross-access easement graphically depicted on Sheet 1. c. Note #12, Sheet 2: Include the recorded instrument number. d. Note #13, Sheet 2: Include the recorded instrument number. e. Graphically depict and include a note(s) referencing the cross-access/ingress-egress easement required with the preliminary plat between all lots within the subdivision and to the parcels to the north (#S0425223010), west (#S0425233830) and south (#S0425233810); include the recorded instrument number(s) on the plat. Meridian City Council Meeting Agenda August 21, 2018 – Page 694 of 902 Bountiful Commons – FP H-2018-0084 PAGE 3 5. The landscape plan prepared by The Land Group, dated 7/31/18, shown in Exhibit D, is approved as submitted. 6. The applicant shall submit a minimum 14-foot wide public pedestrian easement for the multi-use pathway within this phase to the Planning Division for approval by City Council and recordation prior to signature on the final plat by the City Engineer. 7. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 11- 3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 8. To comply with the mitigation requirements listed in UDC 11-3B-10C.5 for existing healthy trees that are removed from the site, provide an additional 25 caliper inches of trees per lot in Lots 1-6, Block 1 when lots develop above and beyond the minimum required; or, per the City Arborist report, donate 25 caliper inches per lot to the City Park’s Department – coordinate tree donation with Elroy Huff, Park’s Department (ehuff@meridiancity.org) – per the Mitigation Plan in Exhibit D. 9. One (1) building permit is allowed to be issued prior to recordation of the final plat. Prior to issuance of this building permit, minimum life safety site improvements must be completed (sanitary sewer and water installed and activated, a compacted road base is in place, and directional street signage is installed). 10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 11. A street light plan will need to be included in the development plans. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 12. A future installation agreement for streetlights on N. Linder Road may be considered due to upcoming construction by ACHD on N. Linder Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 13. Construct a minimum 25-foot wide buffer along the east boundary of the site adjacent to residential uses; the type of buffer/fencing to be provided to be determined by the City Council with approval of the preliminary plat application. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final p lat as set forth in UDC 11-5C-3B. Meridian City Council Meeting Agenda August 21, 2018 – Page 695 of 902 Bountiful Commons – FP H-2018-0084 PAGE 4 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 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. Meridian City Council Meeting Agenda August 21, 2018 – Page 696 of 902 Bountiful Commons – FP H-2018-0084 PAGE 5 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 developme nt plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 6/8/18) C. Proposed Final Plat (dated: 7/31/18) D. Proposed Landscape Plan & Tree Mitigation Plan (dated: 7/31/18) E. Cross-Sections of Landscape Buffer along East Property Boundary Adjacent to Existing Homes Meridian City Council Meeting Agenda August 21, 2018 – Page 697 of 902 Bountiful Commons – FP H-2018-0084 PAGE 6 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda August 21, 2018 – Page 698 of 902 Bountiful Commons – FP H-2018-0084 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 6/8/18) Meridian City Council Meeting Agenda August 21, 2018 – Page 699 of 902 Bountiful Commons – FP H-2018-0084 PAGE 8 Exhibit C – Proposed Final Plat (dated: 7/31/18) Meridian City Council Meeting Agenda August 21, 2018 – Page 700 of 902 Bountiful Commons – FP H-2018-0084 PAGE 9 Meridian City Council Meeting Agenda August 21, 2018 – Page 701 of 902 Bountiful Commons – FP H-2018-0084 PAGE 10 Exhibit D – Proposed Landscape Plan (dated: 7/31/18) Meridian City Council Meeting Agenda August 21, 2018 – Page 702 of 902 Bountiful Commons – FP H-2018-0084 PAGE 11 Meridian City Council Meeting Agenda August 21, 2018 – Page 703 of 902 Bountiful Commons – FP H-2018-0084 PAGE 12 F. Cross-Sections of Landscape Buffer along East Property Boundary Adjacent to Existing Homes Meridian City Council Meeting Agenda August 21, 2018 – Page 704 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 9F Project File Number: H-2018-0051 Item Title: Public Hearing for Creamline Park Public Hearing for Creamline Park (H-2018-0051) by Volante Investments, LLLP Located at 1480 W. Franklin Rd. 1. Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 8.06 Acres of Land From Mixed Use -Community to Industrial; and 2. Request: Rezone of 8.74 Acres of Land From the C -G to the I -L Zoning District Meeting Notes 9 APPROVED L4 veAl�- /'-I 166v,- - /VD I TEM SHEET C ouncil Agenda I tem - 8.F. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for C reamline Park (H-2018-0051) by Volante Investments, L L L P L ocated at 1480 W. Franklin Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report Cover Memo 8/13/2018 P lanning and Zoning Commission Minutes B ackup Material 8/6/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/14/2018 - 8:32 A M Meridian City Council Meeting Agenda August 21, 2018 – Page 705 of 902 Hearing Date: 8/21/2018 Hearing Type: Council Item Number: 9-F Project Name: Creamline Park Project Number: H-2018-0051 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Steve berardinelli 1108 w crest wood dr.Meridian id. 83642 X X 8/21/2018 21:00 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 1 STAFF REPORT HEARING DATE: August 21, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Creamline Park – CPAM, RZ (H-2018-0051) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Volante Investments, LLLP, has applied for an amendment to the Comprehensive Plan Future Land Use Map (CPAM) to change the land use designation on 8.06 acres of land from Mixed Use - Community to Industrial; and, rezone (RZ) of 8.74 acres of land from the C-G to the I-L zoning district. See Section VII, VIII & IX for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM and RZ applications with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on July 12, 2018. At the public hearing, the Commission moved to recommend approval of the subject CPAM and RZ requests. a. Summary of Commission Public Hearing: i. In favor: Brad Miller, Van Auker Properties (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: Brad Miller, Van Auker Properties 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. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0051 as presented for the hearing date of August 21, 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-2018-0051, as presented in the staff report for the hearing date of August 21, 2018, for the following reasons: Meridian City Council Meeting Agenda August 21, 2018 – Page 706 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 2 (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0051 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 1480 and 1220 W. Franklin Rd. and 71 and 48 N.W. 13th Pl. (Lots 1, 2, 9 and 10, Block 1, Creamline Park Subdivision), in the SW ¼ of Section 12, Township 3 North, Range 1 West. B. Applicant: Volante Investments, LLLP 3084 E. Lanark St. Meridian, ID 83642 C. Owner: Same as Applicant D. Agent/Contact: Kent Brown, Kent Brown Planning Services 3161 E. Springwood Dr. Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject applications are for a comprehensive plan map amendment and rezone. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 22, 2018 (Commission); August 3, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: June 15, 2018 (Commission); July 26, 2018 (City Council) D. Applicant posted notice on site by: June 28, 2018 (Commission); August 8, 2018 (City Council) VI. LAND USE A. Existing Land Use(s): The property is currently undeveloped commercial property, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North & East: Industrial property, zoned I-L South: W. Franklin Rd. and single-family residential properties, zoned R-4 West: Vacant/undeveloped property, zoned C-C C. History of Previous Actions: This property was annexed in 2006 (AZ-06-048) and included in Creamline Park Subdivision as Lots 1, 2, 9 and 10, Block 1 (PP-06-050, FP-07-006). A development agreement was recorded as a provision of annexation (Inst. #107022431). Meridian City Council Meeting Agenda August 21, 2018 – Page 707 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 3 D. Utilities: 1. Location of sewer: The subject site is currently serviceable via existing mainlines that were installed in the public right of ways in and adjacent to the subject parcels. 2. Location of water: The subject site is currently serviceable via existing mainlines that were installed in the public right of ways in and adjacent to the subject parcels. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Eight Mile Lateral runs along the north boundary of this site. 2. Hazards: Staff is unaware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: Existing: This property is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Mixed Use – Community (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 in Figure 3-3 in the Comprehensive Plan (pg. 28). Proposed: The applicant proposes to change the FLUM designation from MU-C to Industrial. The Industrial designation allows a range of industrial uses to support industrial and commercial activities and to develop areas with sufficient urban services. Light industrial uses may include warehouse, storage units, light manufacturing, and incidental retail and office uses. Heavy industrial uses may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, screening, landscaping, and adequate access should be provided. Analysis: When this property (zoned C-G) along with the property to the north (zoned I-L) was annexed, the industrial and commercial districts and anticipated future uses were deemed to be consistent with the MU-C FLUM designation in effect at that time. At that time, no specific zoning districts were identified for the MU-C designation. Transitional uses and flexibility were encouraged and a variety of commercial and residential uses was desired. The I-L and C-G districts were deemed to be appropriate in the MU-C designation as was the concept plan, which depicted a variety of industrial and commercial buildings. Since that time, the MU-C designation in the Comprehensive Plan has been amended and the I-L and C-G zoning districts are not included as appropriate zoning districts, nor are industrial uses. With the proposed rezone of this site from C-G to I-L, it will remove the variety of uses intended to develop within the overall annexation area. For these reasons, Staff recommended the applicant amend the FLUM to change the land use designation to Industrial to support the requested I-L district. Meridian City Council Meeting Agenda August 21, 2018 – Page 708 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 4 The applicant plans to develop the subject lots with industrial flex space type uses, which will be compatible with existing industrial properties to the north and east. Much of the area south of the railroad tracks from Ten Mile Rd. to the City’s east boundary just west of Cloverdale Rd. consists of industrial uses. Staff finds the proposed industrial use of this site is consistent with adjacent uses and appropriate for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): “Encourage industrial development to locate adjacent to existing industrial uses.” (3.06.01C) There are existing industrial developed properties to the north and east of this site. “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and pressure available to this site for fire protection. “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Upon development of the subject lots, landscaping will be required to be installed and maintained in accord with UDC standards. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): The purpose of the I-L District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Table 11-2C-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the I-L zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the I-L zoning district. D. Landscaping: Landscaping is required to be provided with development in accord with the standards listed in UDC 11-3B. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for the proposed industrial lots. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes to amend the future land use map (FLUM) contained in the Comprehensive Plan to change the land use designation on approximately 8.06 acres of land from the Mixed Use - Community to the Industrial designation as shown in Exhibit A.2. Meridian City Council Meeting Agenda August 21, 2018 – Page 709 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 5 The Comprehensive Plan Map Amendment is desired so the applicant can develop industrial, rather than commercial, uses on the subject property. Much of the area between Ten Mile Rd. and the City’s east boundary just west of Cloverdale Rd., south of the railway corridor consists of industrial uses with some commercial uses fronting on Franklin Rd. The applicant’s request for an amendment to the FLUM is based on the adjacent industrial zoning/uses to the north and east, and the shortage of light industrial property in the City. See analysis above in Section VIII for more information. REZONE (RZ): A rezone of 8.74 acres of land from the C-G to the I-L zoning district is proposed consistent with the proposed FLUM designation of Industrial. The legal description submitted with the application, included in Exhibit A.3, shows the boundaries of the property proposed to be rezoned. Although no development is proposed at this time, the applicant plans to develop the site with warehouse and/or flex space type uses which are listed as a principal permitted use in the I-L district per UDC Table 11-2C-2 and are subject to specific use standards as follows: Flex space: A. Office and/or retail showroom areas shall comprise a minimum of thirty percent (30%) of the structure and/or tenant space. B. Light industry and warehousing shall not comprise more than seventy percent (70%) of the tenant space. C. In the C-C, C-G and M-E Districts, roll-up doors shall not be visible from a public street. This standard is not applicable in the proposed I-L district. D. Except in the I-L and I-H Districts, loading docks are prohibited. E. Retail use shall not exceed twenty five percent (25%) of leasable area in any tenant space. Warehouse: A. Accessory uses allowed: Office not to exceed twenty five percent (25%) and retail sales not to exceed ten percent (10%) of the total enclosed area of the use. B. Outside activity areas shall be located a minimum of three hundred feet (300') from any property line adjoining a residence or a residential district. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Future development of the subject property is required to comply with the above standards. There is an existing development agreement (DA) for this site that governs future development (Inst. 107022431). Because the property is zoned C-G and was previously planned to develop with commercial uses, the DA needs to be amended consistent with the proposed zoning and industrial use of the property. A DA modification application should be submitted by the Applicant to be heard by City Council concurrent with the rezone request. As part of the DA modification application, staff will determine which DA provisions need to be modified and/or removed and include any new ones that may be necessary to ensure the project is compatible with adjacent land uses. Staff recommends approval of the subject applications with the comments listed in Exhibit B per the Findings in Exhibit C. Meridian City Council Meeting Agenda August 21, 2018 – Page 710 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 6 X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed Future Land Use Map 3. Legal Description & Exhibit Map of Rezone Area B. Agency Comments C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 21, 2018 – Page 711 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 7 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda August 21, 2018 – Page 712 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 8 Exhibit A.2: Existing & Proposed Future Land Use Map Meridian City Council Meeting Agenda August 21, 2018 – Page 713 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 9 Exhibit A.3: Legal Description & Exhibit Map of Rezone Area Meridian City Council Meeting Agenda August 21, 2018 – Page 714 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 10 Meridian City Council Meeting Agenda August 21, 2018 – Page 715 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 11 B. Agency Comments 1. PLANNING DIVISION 1.1. A modification to the existing development agreement (Inst. 107022431) is required consistent with the proposed rezone. Rezone of the subject property is contingent upon City Council approving a modification to the development agreement. 2. PUBLIC WORKS DEPARTMENT 2.1 A street light plan will need to be included in any final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 3. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comment on this application. 6. ADA COUNTY HIGHWAY DISTRICT A staff report has not been received from ACHD on this application. Meridian City Council Meeting Agenda August 21, 2018 – Page 716 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 12 C. 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 Commission finds that the proposed changes to the Future Land Use Map are consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds that the proposal to modify the Future Land Use Map to allow for industrial uses on this site will be compatible with existing industrial uses in this area. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The Commission 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 Commission finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds the proposed amendment will be compatible with adjacent existing and future industrial and commercial uses. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment will not burden existing and planned service capabilities in this area of the city. Sewer and water services exist to these lots. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission finds the proposed industrial use of this property is consistent with the proposed map amendment, 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 and VIII and the subject findings above, the Commission finds that the proposed amendment is in the best interest of the City if the applicant amends the existing development agreement to allow for the proposed zoning and future industrial use of the property. Meridian City Council Meeting Agenda August 21, 2018 – Page 717 of 902 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 12 3. 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: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject 8.74 acre property with an I-L zoning district to develop flex space/warehouse types uses. The Commission finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent industrial and commercial uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the I-L zoning district is consistent with the purpose statement for the Light Industrial district as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable as the request is for a rezone, not annexation. Meridian City Council Meeting Agenda August 21, 2018 – Page 718 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 9G Project File Number: H-2018-0051 Item Title: Public Hearing for Tanner Creek Public Hearing for Tanner Creek (H-2018-0023) by Schultz Development Located at 505, 521, 615, 675 W. Waltman Ln. 1. Request: Replacement of the existing Development Agreement with a new agreement to accommodate the proposed residential development plan; and 2. Request: Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on 39.25 acres of land from Commercial to Medium High Density Residential; and 3. Request: Rezone of 38.48 acres of land from the C -G to the R-15 (west 22.59 acres) and R-40 (east 15.89 acres) zoning districts; and 4. Request: Preliminary Plat consisting of 141 building lots and 18 common area lots on 37.87 acres of land; and 5. Request: Conditional Use Permit for a multi -family development consisting of 272 dwelling units in the R-40 zoning district Meeting Notes 66 �e lvey- - Ivo I TEM SHEET C ouncil Agenda I tem - 8.G. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Tanner Creek (H-2018-0023) by S chultz Development L ocated at 505, 521, 615, 675 W. Waltman L n. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report Cover Memo 8/13/2018 P lanning and Zoning Commission Minutes B ackup Material 8/6/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/14/2018 - 8:33 A M Meridian City Council Meeting Agenda August 21, 2018 – Page 723 of 902 Hearing Date: 8/21/2018 Hearing Type: Council Item Number: 9-G Project Name: Tanner Creek Subdivision Project Number: H-2018-0023 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Clair manning 650 w waltman ln 83642 X X 8/21/2018 17:36 Nick Eller 851 W Honker Dr.Meridian ID 83642 X X 8/21/2018 17:37 Nona Haddock 480 W Waltman Lae Meridian ID 83642 X X 8/21/2018 17:55 Adam Hegstrom 520 waltman ln Meridian id 83642 X X 8/21/2018 18:04 Mike swenson 815 waltman ln Meridian id 83642 X X 8/21/2018 18:06 Nancy swenson X X 8/21/2018 18:08 Steve cooper 755 waltman ln Meridian ld X X 8/21/2018 18:44 Steve Brandt 1001 S Muscovy Ave Meridian ID 83642 X X 8/21/2018 20:56 Joe Lorcher 740 Waltman Lane Meridian Id 83642 X X 8/21/2018 21:06 Tanner Creek Clair and Carrie Manning Waltman Ln Corporate Development Corporate Extension •Requesting developer be responsible for privacy fence construction. •Request Irrigation be relocated at developers expense Entrance to Waltman .1 Mile .3 Mile Higher Density Than Adjacent Neighborhoods L i n d e r Ruddy Drive Entrance 45 Houses 27 Apartments + Clubhouse 30 Houses High Density Apartments Current 7:30 AM Commute Conclusion •Ruddy drive Extension will result in inappropriate traffic levels with no immediate mitigation plan. We recommend not connecting adjacent subdivision for safety reasons. •R15 and R40 zoning is inappropriate for this area. We recommend R4. •Compass Study excerpt below Supports this Conclusion •Inappropriate high density zoning in this area does not align with proper stewardship of community resources. •Smart growth must be observed. Higher population does not equate to higher life quality •Please preserve our city values and keep meridian a premier community ! City Mission: We love Meridian; It’s our town and our mission is to cultivate a vibrant community by developing service through committed, equipped employees dedicated to the stewardship of our community’s resources. City Vision: By 2035, Meridian will be the West’s premier community in which to live, work and raise a family. Thank You Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 1 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schultz Development, has submitted an application for the following: Replacement of the existing Development Agreement (MDA) with a new agreement to accommodate the proposed residential development plan; Amendment to the Future Land Use Map contained in the Comprehensive Plan (CPAM) to change the land use designation on 39.25 acres of land from Commercial to Medium High Density Residential; Rezone (RZ) of 38.48 acres of land from the C-G to the R-15 (west 22.59 acres) and R-40 (east 15.89 acres) zoning districts; Preliminary Plat (PP) consisting of 141 building lots and 18 common area lots on 37.87 acres of land; and, Conditional Use Permit (CUP) for a multi-family development consisting of 272 dwelling units in the R-40 zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, CPAM, RZ, PP, CUP applications with the conditions of approval noted in Exhibit B per the Findings of Fact and Conclusions of Law in Exhibit D. Note: The MDA request does not require action from the Commission; City Council is the decision making body. The Meridian Planning & Zoning Commission heard these items on July 19, 2018. At the public hearing, the Commission moved to recommend approval of the subject CPAM, RZ, PP and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz (Applicant’s Representative) ii. In opposition: Clair Manning iii. Commenting: Bill Kissinger, Joe Lorcher, Michael Swenson, Geronimo Martinez, Steven Cooper iv. Written testimony: Bill Kissinger, Casper Larsen, Jerry P. (via Next Door), v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: Meridian City Council Meeting Agenda August 21, 2018 – Page 724 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 2 i. Concern regarding increase in traffic from proposed development and extension of Ruddy Drive from the west boundary – improvements (i.e. curb, gutter, sidewalks and designated bicycle lanes) to Waltman Lane needed prior to construction; ii. Opposition of more multi-family development in Meridian when schools and infrastructure may be inadequate to deal with current population; iii. Proposed density is too high – preference of single-family homes rather than apartments; iv. Concern regarding sufficiency of parking proposed for the multi-family development; vi. Impact of proposed development on existing area residents. c. Key Issues of Discussion by Commission: i. Phasing/timing of the street buffer landscaping along I-84; ii. Concern regarding long-term maintenance of the street buffer landscaping along I-84; iii. Improvements to Waltman Lane associated with the proposed development and extension of Corporate Drive; iv. Concern pertaining to loss of commercial uses on this property. d. Commission Change(s) to Staff Recommendation: i. Modification to DA provision #1.1.j and condition #1.2.3 to allow the street buffer along I-84 to be constructed with the third phase of development as requested by the Applicant instead of with the first phase; ii. Modification to DA provision #1.1c to remove the single-family residential lots adjacent to I-84 from the requirement to provide articulation on the elevations facing I-84; iii. Include a new DA provision that restricts single-family homes adjacent to I-84 to a single-story in height as proposed by the Applicant (#1.1.m). e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0023, as presented in the staff report for the hearing date of August 21, 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-2018-0023, as presented during the hearing on August 21, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0023 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 505, 521, 615, 675, W. Waltman Lane, in the SE ¼ of Section 13, Township 3N., Range 1W. Parcel No.’s: S1213428020, S1213428050, S1213427872, S1213427880, S1213427890, S1213427840, S1213428010, S1213428301, S1213427860 Meridian City Council Meeting Agenda August 21, 2018 – Page 725 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 3 B. Owner(s): Bling LLC and Go for It, LLC 16130 N. Elder St. Nampa, ID 83687 C. Applicant: Schultz Development PO Box 1115 Meridian, ID 83680 D. Representative: Matt Schultz, Schultz Development PO Box 1115 Meridian, Idaho 83680 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 Development Agreement, Comprehensive Plan Future Land Use Map Amendment, Rezone, Preliminary Plat and a Conditional Use Permit. A public hearing is required before the Planning & Zoning Commission and City Council on all of these applications except for the amendment to the Development Agreement, which only requires Council approval, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 29, 2018 (Commission); August 3, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: June 22, 2018 (Commission); July 26, 2018 (City Council) D. Applicant posted notice on site(s) on: July 9, 2018 (Commission); August 6, 2018 (City Council) E. Posted to Next Door: June 27, 2018 (Commission); July 31, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of mostly vacant/undeveloped land with a few old outbuildings, zoned C-G; the land is currently used for animal grazing. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Waltman Ln. and rural residential properties, zoned R1 and RUT in Ada County East: Single-family residential properties, zoned C-G South: I-84; Mountain View Equipment, Wahooz and Roaring Springs, zoned C2 in Ada County and C-G respectively West: Single-family residential properties in The Landing Subdivision, zoned R-4 C. History of Previous Actions: This property was annexed in 2006 (AZ-06-063, Waltman Property) with the requirement of a Development Agreement, recorded as Instrument No. 108131100. In 2008, a preliminary plat (PP-08-001) was approved for Browning Plaza subdivision; several time extensions were approved (TE-10-028; TEC-12-008; TEC-14-005; H- 2016-0008) but the plat expired on April 7, 2018. Meridian City Council Meeting Agenda August 21, 2018 – Page 726 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 4 D. Utilities: 1. Public Works: a. Location of sewer: The sanitary sewer mainline intended to provide service to the subject site currently exists in W. Waltman Lane, and along the east boundary adjacent to Ten Mile Creek. b. Location of water: Water mains intended to provide service to the subject site currently exist in W. Waltman Lane, and in N. Ten Mile Road and in W. Ruddy Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Ten Mile Creek runs along the east boundary of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property except possibly the creek which may present a hazard to young children. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS CURRENT LAND USE DESIGNATION(S): This site is designated Commercial on the Future Land Use Map contained in the Comprehensive Plan. The purpose of the Commercial designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi - family residential, as well as appropriate public uses such as government offices. PROPOSED LAND USE DESIGNATION: The applicant proposes to change the land use designation on 39.25 acres of land from Commercial to Medium High Density Residential (MHDR) for this site. The purpose of the MHDR designation is to allow for the development of a mix of relatively dense residential housing types including townhouses, condominiums and apartments. Residential gross densities should range from 8 to 15 units per acre, with a target density of 12 units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. PROPOSED DEVELOPMENT: The applicant proposes to develop a mix of single-family detached, townhome and multi-family (i.e. apartments) dwellings on the site at an overall gross density of 10.53 units per acre consistent with the density desired in the requested MHDR FLUM designation. Although single-family detached dwellings aren’t specifically listed as a type of use desired in the MHDR designation, staff finds the transition in uses to existing single-family detached units to the west and mix of uses that achieve the overall desired density appropriate in this case. 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) Meridian City Council Meeting Agenda August 21, 2018 – Page 727 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 5 A variety of residential categories are proposed in this development consisting of single- family detached homes, townhomes and apartments. Staff is unaware how “affordable” the units will be. “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The proposed single-family and multi-family units will provide diversity in housing types in this area of the City; staff is unaware if the units will be owner-occupied or rentals. “Require open space areas within all development.” (6.01.01A) The proposed development is required to provide common open space in accord with the standards listed in UDC 11-3G-3 for residential districts; and 11-4-3-27C for multi-family developments. (See Analysis below in Section IX for more information). “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City sewer and water services are available to be extended to the subject property with development of the site. “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.” (3.07.02, pg. 55) The proposed development abuts I-84, a major access thoroughfare and an interchanges is located nearby for easy access. The Ten Mile Creek runs along the east boundary of this site which is planned for an open space corridor containing a multi-use pathway. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There are some existing rural residential properties across W. Waltman Ln. to the north and abutting residential properties to the west in The Landing Subdivision. The UDC and Comprehensive Plan deem residential uses to be compatible with other residential uses regardless of density. “Support land uses that do not harm natural systems and resources.” (3.06.01H) The Ten Mile Creek runs along the east boundary of this site and will serve as an amenity next the multi-use pathway planned to be constructed with this development. The proposed development should not harm any natural systems or resources. “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) Pedestrian walkways are proposed through the site to the multi-use pathway along the east boundary of the site. The multi-use pathway should promote neighborhood connectivity as part of the community pathway system. “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 development will buffer the existing single-family residential uses to the west from the future commercial uses to the east and the multi-family development will provide a transition between single-family detached residences and future commercial uses. Meridian City Council Meeting Agenda August 21, 2018 – Page 728 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 6 “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” (3.01.01B) Comments have been received on this application from ACHD, ITD, and WASD and are included in Exhibit B of the staff report. “Coordinate with transportation agencies to ensure provision of services and transit development.” (6.02.02H) A Valley Regional Transit bus stop is located 0.9 of a mile from this site at E. 2nd St. and E. Broadway Ave. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District(s): 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-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. 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; and UDC Table 11-2A-8 for the R-40 zoning district. D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in UDC 11-3B-7C and within common open space areas in accord with UDC 11-3G-3E.2. E. Off-Street Parking: See UDC Table 11-3C-6 for off-street parking requirements for single-family and multi-family dwellings. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Development Agreement Modification (MDA): The applicant proposes to replace the existing Development Agreement (Inst. #108131100) with a new agreement to accommodate the proposed residential development plan. The provisions of the existing DA are included in Exhibit A.9. The existing DA, recorded in 2008, is for a 400,000 square foot commercial development consisting of professional offices, a hotel, big box retail store and smaller retail spaces distributed among 21 separate buildings that was previously planned to develop on this site. Since many of these provisions do not apply to the proposed residential development, the applicant wishes to replace the agreement with a new DA based on the proposed development plan. Staff has reviewed the provisions in the existing DA and is recommending the provisions that are still applicable from this agreement are carried over into the new DA as follows: 1) requirement for Corporate Drive to be extended across the Ten Mile Creek from the north to Waltman Lane with the first phase of development; 2) improvement of Waltman Lane adjacent to the site as required by ACHD; 3) extension of Ruddy Drive at the west boundary to Waltman Lane; 4) protection and enhancement of any existing vegetation and trees along the Ten Mile Creek; 5) Meridian City Council Meeting Agenda August 21, 2018 – Page 729 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 7 construction of the street buffers along Waltman Lane and I-84 with the first phase of development; and, 6) construction of a multi-use pathway along the Ten Mile Creek. B. Comprehensive Plan Map Amendment (CPAM): An amendment to the Future Land Use Map contained in the Comprehensive Plan is proposed to change the land use designation on 39.25 acres of land from Commercial to Medium High Density Residential (see Exhibit A.2). The applicant’s narrative states that because the site is located between ¼ and ½ mile west of S. Meridian Rd, a principal arterial street, on a local street (i.e. W. Waltman Ln.), commercial development is not viable. Therefore, the applicant requests an amendment to the FLUM in order to develop residential uses on the site. There are two (2) parcels located at 737 and 755 W. Waltman Ln. in Ada County that are included in the CPAM request that are not part of the proposed development plan. Staff requested the applicant include these parcels as leaving the two properties with a Commercial designation would not be compatible with existing abutting residential uses and future residential development if the proposed CPAM is approved. The applicant sent letters to those property owners (Geronimo Martinez – 737 W. Waltman Ln.; and Steven Cooper – 755 W. Waltman Ln.) notifying them of the intent to include their properties in this application and included a request for them to indicate their preference of maintaining the current Commercial designation or agreement with the amendment to MHDR but received no response. Approval of the requested FLUM amendment and proposed single-family detached, townhomes and multi-family housing would provide a transition in uses and zoning between the single-family (detached) residential subdivision zoned R-4 to the west and the Commercial designated property zoned C-G to the east. Additionally, the Ten Mile Creek will provide a natural 100-foot wide transition and buffer area along the east boundary of the site between the proposed residential and future commercial development. C. Rezone (RZ): A rezone of 38.48 acres of land from the C-G to the R-15 (west 22.59 acres) and R-40 (east 15.89 acres) zoning districts is proposed consistent with the proposed CPAM designation of MHDR. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. Site Plan: The applicant has submitted a site plan, included in Exhibit A.3, which depicts single- family detached dwellings along the perimeter boundary of the single-family portion of the site with townhomes internal to the development; and multi-family on the eastern portion of the site. A large central common area is proposed within the single -family portion of the site. Amenities for the multi-family development are separate from that of the single-family development. Conceptual Building Elevations: Conceptual building elevations (photos and renderings) were submitted that depict the general style of development proposed for the single-family detached, townhomes, multi-family and clubhouse structures as shown in Exhibit A.7. 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. Meridian City Council Meeting Agenda August 21, 2018 – Page 730 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 8 Additionally, because the rear and/or side of structures on Lots 2-9 and 33-48, Block 3; and Lots 2, 7, 9 and 14, Block 10, that face W. Waltman Lane and I-84 are highly visible, these elevations should 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. A Certificate of Zoning Compliance (CZC) application is 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 Design Review application may be submitted concurrently with the CZC application. The City may require a development agreement (DA) in conjunction with a rezone 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 rezone containing the provisions included in Exhibit B. Further, staff recommends the existing DA is replaced with a new DA containing the aforementioned provisions as discussed above in Section A. D. Preliminary Plat (PP): The applicant proposes a preliminary plat consisting of 141 building lots (consisting of 126 single-family and 15 multi-family lots) and 18 common area lots on 37.87 acres of land. A phasing plan was also submitted that proposes 4 phases of development (see Exhibit A.4). Existing Structures: There are few old outbuildings on this site that will need to be removed prior to City Engineer signature on the final plat. Dimensional Standards: The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 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. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. Two accesses are proposed for the site via W. Waltman Lane; one for the single-family portion and one for the multi-family portion. An existing stub street (i.e. W. Ruddy Drive) at the west boundary of the site is proposed to be extended to Waltman Lane with development. A stub street is proposed to the out-parcel at the northwest corner of the site for future access; a concept plan has been submitted, included in Exhibit A.8, that depicts how those two properties could redevelop in the future. Alleys: Alleys are required to be constructed in accord with the standards listed in UDC 11 -6C- 3B.5. Common Driveways: Common driveways are required to be constructed in accord with UDC 11-6C-3D. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures; driveways for lots that abut the common driveway but are not taking access from the driveway should be depicted on the opposite side of the shared property line away from the common driveway. Private Streets: At the request of the Fire Dept. and Police Dept., minimum 26-foot wide private streets should be provided in the multi-family portion of the development for addressing purposes Meridian City Council Meeting Agenda August 21, 2018 – Page 731 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 9 and shall be constructed in accord with the standards listed in UDC 11-3F.4. A private street application is required to be submitted with the final plat application. Traffic Impact Study (TIS): A TIS was prepared for this development by Thompson Engineers, Inc. and submitted to ACHD for review with this application. The TIS notes that all study roadways and intersections are anticipated to operate at an acceptable level of service at build-out of the development in 2022. Street Improvements: Abutting the site, Waltman Lane is required to be improved as ½ of a 36- foot wide collector street section, plus 12 feet of additional pavement for a total of 30 feet with curb, gutter, sidewalk and a gravel shoulder. Improvements to Waltman Lane will require the reconstruction of the existing bridge over the Ten Mile Creek which will be the responsibility of ACHD; the Applicant will enter into a Cooperative Development Agreement with ACHD to ensure the bridge is constructed when necessary and to allocate costs. The applicant proposes as part of this application to enter into a Cooperative Development Agreement with ACHD to construct the extension of Corporate Drive north of this site from its current terminus north of Ten Mile Creek to Waltman Lane. This will take place as part of the first phase of development (54 building lots) and will provide additional access to the site and the area and provide for access while the Ten Mile Creek bridge on Waltman Lane is reconstructed. Landscaping: Landscaping is required to be provided within the development in accord with the standards listed in UDC 11-3B and 11-3G-3E. 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 20-foot wide street buffer is required along W. Waltman Ln., anticipated to be reclassified from a local to a collector street; and a 50- foot wide street buffer is required along I-84, an interstate. Staff recommends the entire street buffer and sidewalk along W. Waltman Lane; and the entire street buffer, including the berm and wall, along I-84 shall be constructed with the first phase of development. Parking lot landscaping will be required within the multi-family portion of the site in accord with the standards listed in UDC 11-3B-8C. Pathway landscaping is required in accord with the standards listed in UDC 11-3B-12C. A minimum 5-foot wide landscape strip is required along each side of the pathway along the Ten Mile Creek. Open Space & Site Amenities: Qualified open space and site amenities are required to be provided in residential districts per the standards listed in UDC 11-3G-3. In addition to these requirements, common open space and site amenities are required in the multi-family portion of the development (see Section E below). A minimum of 10% (or 3.79 acres) qualified open space and 2 site amenities are required for the overall development based on the standards listed in UDC 11-3G-3A. A total of 6.87 acres of open space and 8 site amenities are proposed in accord with this requirement. Site amenities for the overall development consist of a clubhouse, swimming pool, 2 playground areas, park area, pergola shade structure fire pit, a 10-foot wide multi-use pathway along the Ten Mile Creek and a pedestrian bridge over the creek to connectivity to the east. Parking: Parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family dwellings. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Because the street classification of W. Waltman Lane is changing from a local to a collector street with this development, a minimum 5-foot wide detached sidewalk is required to be constructed along Waltman. Meridian City Council Meeting Agenda August 21, 2018 – Page 732 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 10 Pathways: The Pathways Master Plan depicts a segment of the City’s multi-use pathway system along the east boundary of this site adjacent to the Ten Mile Creek. The applicant proposes to construct a 10-foot wide pathway in accord with the Plan. The pathway is required to be placed within a public use easement. Staff recommends the pathway is constructed in its entirety with the 2nd phase of development. 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. Waterways: The Ten Mile Creek runs along the east boundary and crosses the northeast corner of this site. There are no other major waterways that cross this site. All ditches that cross this site should be piped as set forth in UDC 11-3A-6 with the exception of the creek which is a natural waterway and shall remain open and be protected during development. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as follows: a 4-foot tall Simtek granite wall along I-84; a 6-foot tall open vision wrought iron fence adjacent to micro-paths and the pathway along the east boundary of the site; and a 6-foot tall vinyl fence to separate single-family building lots from adjacent common areas that are visible from a public street. 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. The Applicant’s narrative states there is an existing 15 inch sewer main along the east half of the Waltman Lane frontage and along the west top of bank of the Ten Mile Creek through the site. The 8 inch sewer main connection will be in Waltman Lane and will service the entire site via gravity sewer with adequate cover. An existing 12 inch water main is located in Waltman Lane along the full frontage of the site. This development will connect in Waltman at two locations and also to the existing 8” stub located in W. Ruddy Drive at the west boundary from The Landing Subdivision. 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 Nampa Meridian Irrigation district. A regional pressure irrigation pump station with a Ten Mile Creek takeout is proposed to be constructed to NMID standards at the northeast corner of the site near Waltman Lane. 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. The Applicant proposes underground seepage beds and/or retention ponds in accord with ACHD design criteria to be determined during the final plat and development plan process. Noise Abatement: This site is located along the north boundary of Interstate 84. Noise abatement is required to be provided for residential uses abutting Interstate 84 in accord with the standards listed in UDC 11-3H-4D, which require a berm or a berm and wall combination to be constructed parallel to the interstate a minimum of 10’ higher than the elevation at the centerline of the interstate. A 9-foot tall berm and 4-foot all Simtek granite wall is proposed as noise abatement along I-84 (see cross-section in Exhibit A.5 and wall detail in Exhibit A.6). Meridian City Council Meeting Agenda August 21, 2018 – Page 733 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 11 E. Conditional Use Permit (CUP): A Conditional Use Permit is requested for a multi-family development consisting of 272 dwelling units in 14 structures on 15.89 acres of land in the R-40 zoning district in accord with UDC Table 11-2A-2. The units will be housed in a mix of 8-, 16- and 24-plex 2- and 3-story structures ranging in size from 779 to 1,258 square feet. A mix of 1-bedroom (70), 2-bedroom (136) and 3- bedroom (66) units are proposed. Specific Use Standards: The specific use standards listed in UDC 11-4-3-27 for multi-family developments apply to the proposed use as follows: A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The site plan submitted with this application depicts a minimum of 80 s.f. of private usable open space for each unit consisting of a patio or deck (see Exhibit A.3). The floor plans submitted with the Certificate of Zoning Compliance application s hould clearly depict compliance with this requirement. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory and map of the development at an entrance or convenient location for those entering the development. The site plan submitted with the Certificate of Zoning Compliance application should include these items. A minimum of 250 square feet of common area is required for each unit containing more than 500 and up to 1,200 square feet; and a minimum of 350 square feet of common open space is required for each unit containing more than 1,200 square feet of living area. Two hundred and six (206) of the units are between 500 and 1,200 square feet (s.f.); and 66 of the units are over 1,200 s.f.; therefore, a minimum of 74,600 s.f. (or 1.71 of an acre) of common open space is required consistent with the standards listed in UDC 11-4-3-27C. A total of 162,734 s.f. (or 3.74 acres) is proposed in accord with this requirement. (Note: the open space exhibit included in Exhibit A.6 does not include the 66 units that are over 1,200 s.f. – the exhibit should be revised prior to the Council meeting.) For multi-family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. The applicant proposes a clubhouse, swimming pool, pergola shade structure, fire pit, a segment of the City’s multi-use pathway system along the Ten Mile Creek and a bridge over the Ten Mile Creek providing pedestrian access to the east as amenities for the multi-family development. These amenities fall within the quality of life and recreation categories; another amenity should be provided that falls within the open space category or widen the existing central common area to a minimum of 50 feet to comply with the minimum dimensions of 50’ x 100’ in size. Meridian City Council Meeting Agenda August 21, 2018 – Page 734 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 12 Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plants. The landscape plan submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this requirement. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should comply with this requirement and submit a recorded copy of the agreement to the Planning Division prior to issuance of Certificate of Occupancy. A minimum building setback of 10 feet is required unless a greater setback is otherwise required per UDC 11-4-3-27B.1. The preliminary plat should be revised to include building footprints to ensure compliance with setback requirements. Note: A minimum of 20 feet separation between buildings is required per Building Code unless a reduction is approved through the Building Department. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in areas not visible from a public street, or shall be fully screened from view from a public street. The applicant should comply with this requirement. Parking: Parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for multi-family dwellings. Based on (70) 1-bedroom units, (136), 2-bedroom units, and (66) 3-bedroom units, a minimum of 509 spaces are required with 272 of those being in a covered carport or garage. A total of 537 spaces are proposed with 272 of those being carport spaces in accord with UDC standards; a total of 28 spaces are provided above the minimum requirements. Management & Maintenance: Because the multi-family development is proposed to be subdivided (2 structures to each lot), staff is concerned that the overall property may not be consistently managed and maintained. Therefore, staff recommends a provision is added to the DA that requires the entire development to be managed and maintained by the same company. Elevations: Conceptual building elevations were submitted that depict the general style of development proposed for the multi-family and clubhouse structures as shown in Exhibit A.7. Compliance with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual is required for these structures. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted and approved prior to submittal of a building permit application for any buildings within the multi-family development. Staff recommends approval of the subject applications based on the Analysis above in Sections VII and IX, per the Findings in Exhibit D. Meridian City Council Meeting Agenda August 21, 2018 – Page 735 of 902 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 13 X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed Future Land Use Map 3. Site Plan (dated: 3/2/2018) 4. Preliminary Plat & Phasing Plan (dated: 4/18/2018) 5. Landscape Plan (dated: 3/30/2018) 6. Open Space Exhibit & Site Amenity Details 7. Conceptual Building Elevations (Photos & Renderings) 8. Conceptual Development Plan for Property at Northwest Corner of Site 9. Existing Development Agreement Provisions B. Agency and Department Comments and Conditions C. Legal Description & Exhibit Map for Rezone Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 21, 2018 – Page 736 of 902 - 2 - A. Drawings/Other Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda August 21, 2018 – Page 737 of 902 - 3 - Exhibit A.2: Existing & Proposed Future Land Use Map Meridian City Council Meeting Agenda August 21, 2018 – Page 738 of 902 - 4 - Exhibit A.3: Site Plan (dated: March 2, 2018) Meridian City Council Meeting Agenda August 21, 2018 – Page 739 of 902 - 5 - Meridian City Council Meeting Agenda August 21, 2018 – Page 740 of 902 - 6 - Meridian City Council Meeting Agenda August 21, 2018 – Page 741 of 902 - 7 - Exhibit A.4: Preliminary Plat (dated: 4/18/18) Meridian City Council Meeting Agenda August 21, 2018 – Page 742 of 902 - 8 - Meridian City Council Meeting Agenda August 21, 2018 – Page 743 of 902 - 9 - Exhibit A.5: Landscape Plan (dated: 3/30/2018) Meridian City Council Meeting Agenda August 21, 2018 – Page 744 of 902 - 10 - Meridian City Council Meeting Agenda August 21, 2018 – Page 745 of 902 - 11 - Meridian City Council Meeting Agenda August 21, 2018 – Page 746 of 902 - 12 - Meridian City Council Meeting Agenda August 21, 2018 – Page 747 of 902 - 13 - Meridian City Council Meeting Agenda August 21, 2018 – Page 748 of 902 - 14 - Exhibit A.6: Open Space Exhibit & Site Amenity Details – REVISED (dated: 7/19/18) Meridian City Council Meeting Agenda August 21, 2018 – Page 749 of 902 - 15 - Meridian City Council Meeting Agenda August 21, 2018 – Page 750 of 902 - 16 - Meridian City Council Meeting Agenda August 21, 2018 – Page 751 of 902 - 17 - Exhibit A.7: Conceptual Building Elevations (Photos & Renderings) Single-Family Detached Units: Meridian City Council Meeting Agenda August 21, 2018 – Page 752 of 902 - 18 - Meridian City Council Meeting Agenda August 21, 2018 – Page 753 of 902 - 19 - 4-Plex, 5-Plex and 6-Plex Style: Meridian City Council Meeting Agenda August 21, 2018 – Page 754 of 902 - 20 - Meridian City Council Meeting Agenda August 21, 2018 – Page 755 of 902 - 21 - Apartments (8 units – Building Type 3) (dated: February 8, 2018): Meridian City Council Meeting Agenda August 21, 2018 – Page 756 of 902 - 22 - Apartments (16 Units - Building Type 1) (dated: February 8, 2018): Apartments (24 Units - Building Type 2) (dated: February 8, 2018): Meridian City Council Meeting Agenda August 21, 2018 – Page 757 of 902 - 23 - Meridian City Council Meeting Agenda August 21, 2018 – Page 758 of 902 - 24 - Clubhouse (dated: February 5, 2018): Meridian City Council Meeting Agenda August 21, 2018 – Page 759 of 902 - 25 - Meridian City Council Meeting Agenda August 21, 2018 – Page 760 of 902 - 26 - Exhibit A.8: Conceptual Development Plan for Property at Northwest Corner of Site Meridian City Council Meeting Agenda August 21, 2018 – Page 761 of 902 - 27 - Exhibit A.9: Existing Development Agreement Provisions 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: 40 building lots and 2 common lots on 38.21 acres in the proposed C-G zoning district. The pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-063 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. A phasing plan shall be submitted with phase 1 of the development. 2. The existing agricultural use (grazing of cattle) on the property will be a llowed to continue after annexation into the City, until phase 1 of the development occurs. A maximum of 25 cows and 2 horses will be allowed to exist on the site at any time. 3. The applicant shall improve Waltman Lane adjacent to the site and off-site to the end of the split corridor improvements, per the half street sections attached in Exhibit A.6 of the staff report, prior to occupancy of any structure within the site. 4. All future uses shall not involve uses, activities, processes, materials, equipment a nd 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. 5. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 6. The applicant shall be responsible for all costs associated with sewer and water service installation. 7. No building permits shall be issued or construction traffic allowed (except for infrastructure improvements such as sewer, water, & roads) on this site until: a. The construction related to the split corridor Waltman Lane/Meridian Road/Main Street intersection has commenced and the applicant has installed a gate with paved access to Ruddy for use by the Waltman residents. Such gate shall be installed prior to beginning any other construction on the site and shall be removed by the applicant prior to dedication and ACHD acceptances of the street connection to Ruddy Drive. This temporary secondary access shall be useable to Waltman residents at all times during the construction of the subject property. OR b. Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane. 8. Development on this site shall not exceed a site trip generation of 8,000 ADT from the site prior to the extension of Corporate Drive from the north bank of the Ten Mile Creek at its current stub, south to Waltman Lane. Approval shall be obtained from ACHD prior to Certificate of Zoning compliance application submittal for future structures to verify compliance with the allowed ADT. A Certificate of Zoning compliance application(s) will not be approved for any structure(s) Meridian City Council Meeting Agenda August 21, 2018 – Page 762 of 902 - 28 - on the site that exceeds the total allowed ADT for the site until Corporate Drive is extended. 9. Ruddy Drive shall be extended as a public street into this site and up to Waltman Lane, as shown on the concept plan(s). 10. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Drive or any other street within The Landing Subdivision. 11. Provide a pedestrian network within the parking areas that will help to guide pedestrians through the parking areas safely. This network shall include pedestrian only pathways and sidewalks that connect the distant parking areas to the buildings. A pedestrian plan shall be included with the master concept plan for this development; submit with the first CZC application on this site. 12. All buildings in the development shall be subject to the administrative design review standards listed in the UDC and future design guidelines pertaining to architectural character, color & materials, and parking lots. In addition to the aforementioned standards, the lots directly adjacent to Waltman Lane shall also comply with design standards pertaining to pedestrian walkways. Architectural design elements on the structures shall continue all the way around the structures, similar to the example provided by the applicant at Target included as Exhibit A.7 of the staff report. 13. All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application unless the Development Agreement is modified by the developer once actual users are identified. 14. All buildings shall contain architectural elements and landscaping features that break up any long façade or wall, as determined by the Planning Director, that face the freeway, a main drive aisle, a parking area, or a residential district. These architectural elements shall i nclude at least two changes in materials or colors, and some modulation in the façade, including but not limited to, windows, columns, cornices, extrusions, or other architectural enhancements. 15. Any outdoor uses and/or activity areas (including restaurant seating) adjacent to residential uses along the west and northwest boundaries shall require conditional use permit approval (unless the adjacent uses are changed into non-residential uses). 16. Prohibited uses along the western and northwestern property boundaries are as follows: drinking establishments, drive-thru establishments, fuel sale facilities, fuel sales facilities/truck stops, and vehicle washing facilities. 17. Except for a potential hotel site at the southwest corner, all structures proposed on the site over 100,000 square feet that are within 100 feet of a residential district or use shall obtain conditional use permit approval. 18. Standard hours of operation for businesses along the west and northwest property boundaries adjacent to residential uses are limited to the hours between 8 am and 11 pm (unless the adjacent uses are changed into non-residential uses) with the exception of a hotel use, which shall be allowed to operate 24 hours. 19. For concept plan #1, all structures along the west and northwest property boundaries adjacent to existing residences shall be limited in height to two stories and shall have a minimum setback of 25 feet adjacent to the existing residences (unless the adjacent uses are changed into non - residential uses), with the exception of the proposed hotel. If a hotel is built at the southwest corner of the site as depicted on the concept plan, a 25-foot setback shall be required for the first story, a 100-foot setback shall be required for the 2nd story, and a 200-foot setback shall be required for anything greater than 2 stories, adjacent to existing residences. Structures along the west and northwest property boundaries directly adjacent to residences shall position second story (and higher, in the case of a hotel) windows in such a manner as not to have views directly into Meridian City Council Meeting Agenda August 21, 2018 – Page 763 of 902 - 29 - neighboring residential properties. For concept plan #2, appropriate setbacks will be determined at the public hearing for the preliminary plat and conditions will be placed on the plat accordingly; No Development Agreement modification shall be necessary. 20. For concept plan #1, no rear loading areas, delivery areas, trash areas, or obtrusive lighting shall be permitted adjacent to existing residences on the west and northwest property boundaries. Further, all trash enclosures shall be constructed of concrete or masonry materials. 21. A minimum of 10 buildings shall be required on this site. 22. Development of this site shall be generally consistent with either one of the two conceptual site plans approved with this application, as determined by the Planning Director, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant proceeds with concept plan #2, a new preliminary plat application will be required. 23. Prior to issuance of the first occupancy, a 10-foot wide multi-use pathway shall be constructed at the northeast corner of the site as depicted on concept plan #1 and as approved by the Parks Department, on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11-3B-8 and 11-3B- 12, and the Master Pathways Plan. 24. The vegetation and trees that currently exist along the banks of the Ten Mile Creek shall be protected or enhanced as part of this development. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. 25. Construct a 50-foot wide landscape buffer along the interstate. This buffer shall be designed in accordance with UDC 11-3B-7 and be placed along the entire southern boundary of the subject site, prior to the occupancy of the first building in this development. 26. Construct a 20-foot wide landscape street buffer along Waltman Lane (a collector str eet) east of the Corporate/Waltman intersection. A 10-foot wide buffer shall be constructed along Waltman Lane (a local street) west of the Corporate/Waltman intersection. These buffers shall be designed in accordance with the standards listed in UDC 11-3B-7 and constructed prior to the occupancy of the first building in this development. 27. Construct a 25-foot wide landscape buffer and a 6-foot tall masonry wall between residential uses and properties zoned C-G as depicted in Exhibit A.8 of the staff report. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision and the two residential parcels located adjacent to the northwest corner of the subject property (if these properties are still functioning as residential uses and have not converted to commercial by the time building permits are applied for), prior to occupancy of the adjacent building. 28. If the applicant chooses to develop consistent with concept plan #1, relocate Waltman Lane further to the south, vacate the existing right-of-way, and install a 25-foot wide landscape buffer on the north side of Waltman (off-site) adjacent to the Haddock property, as depicted on concept plan #1 and Exhibit A.9 of the staff report. If the applicant chooses to develop consistent with concept plan #2, appropriate buffers shall be determined at the public hearing for the preliminary plat and the plat shall be conditioned accordingly. 29. If the applicant chooses to develop consistent with concept plan #1, construct two driveways as proposed on concept plan #1, on the south side of Waltman Lane, no wider than 36-feet each. No driveway accesses to Waltman are approved west of the Waltman/Corporate intersection . If the applicant chooses to develop consistent with concept plan #2, appropriate driveway locations shall be determined at the public hearing for the preliminary plat. 30. If the applicant chooses to develop consistent with concept plan #1, construct a maximum of 5 Meridian City Council Meeting Agenda August 21, 2018 – Page 764 of 902 - 30 - access points to Corporate Drive as shown on concept plan #1, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant chooses to develop consistent with concept plan #2, appropriate access points shall be determined at the public hearing for the preliminary plat. 31. The applicant shall comply with all landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 32. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and design review approval from the Planning Department prior to all new construction on the subject property. Meridian City Council Meeting Agenda August 21, 2018 – Page 765 of 902 - 31 - B. EXHIBIT B - AGENCY AND DEPARTMENT COMMENTS AND CONDITIONS 1. PLANNING DEPARTMENT 1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer(s). A final plat application will not be accepted until the DA is executed. 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 the rezone. 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, at minimum, incorporate the following provisions: a. 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. b. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. Note: Single-family detached units are not subject to Design Review. c. The rear and/or side of structures on Lots 2-9 and 33-48, Block 3; and Lots 2, 7, 9 and 14, Block 10, that face W. Waltman Lane and I-84 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. d. Noise abatement shall be provided for residential uses abutting Interstate 84 in accord with the standards listed in UDC 11-3H-4D. e. 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 as proposed with this application. f. Prior to issuance of any building permits on the subject property, the property shall be subdivided. g. The vegetation and trees that currently exist along the banks of the Ten Mile Creek shall be protected or enhanced as part of this development. The applicant shall work with Elroy Huff, City Arborist, regarding the removal or replacement of any trees on this site. h. The Applicant shall extend Corporate Drive north of this site from its current terminus north of Ten Mile Creek to Waltman Lane with the first phase of development (54 building lots). This will provide for access to the proposed development and general vicinity while the bridge over the Ten Mile Creek on Waltman Lane is reconstructed. i. Improvements to Waltman Lane adjacent to the site as required by ACHD, including the bridge crossing over the Ten Mile Creek, shall be completed after Corporate Drive is extended from the north to Waltman Lane in accord with ACHD requirements. j. The entire street buffer and sidewalk along W. Waltman Lane; and the entire street buffer, including the berm and wall along I-84, shall be constructed with the first phase of development. The entire street buffer along I-84 shall be constructed with the third phase of development. k. The entire segment of the 10-foot wide multi-use pathway along the Ten Mile Creek and the pedestrian bridge shall be constructed with the second phase of development. l. The multi-family development in its entirety shall be managed and maintained by the same company to ensure consistency. Meridian City Council Meeting Agenda August 21, 2018 – Page 766 of 902 - 32 - m. Future homes on Lots 33-48, Block 3 adjacent to I-84 are restricted to a single-story in height as proposed by the applicant. 1.2 Site Specific Conditions – Preliminary Plat 1.2.1 The preliminary plat included in Exhibit A.4, dated 4/18/2018, is approved as submitted. 1.2.2 The landscape plan included in Exhibit A.5, dated 3/30/2018, shall be revised as follows: a. Depict a minimum 5-foot wide detached sidewalk along W. Waltman Lane. b. Depict landscaping along all pathways as set forth in UDC 11-3B-12C. 1.2.3 The entire street buffer and sidewalk along W. Waltman Lane; and the entire street buffer, including the berm and wall, along I-84 shall be constructed with the first phase of development prior to issuance of any Certificates of Occupancy. The entire street buffer along I-84 shall be constructed with the third phase of development. 1.2.4 Alleys are required to be constructed in accord with the standards listed in UDC 11-6C-3B.5. 1.2.5 An exhibit is required to be submitted with final plat applications that contain common driveways that depicts the setbacks, fencing, building envelope and orientation of the lots and structures; driveways for lots that abut the common driveway but are not taking access from the driveway should be depicted on the opposite side of the shared property line away from the common driveway as set forth in UDC 11-6C- 3D.7. 1.2.6 A perpetual ingress/egress easement shall be filed with the Ada County Recorder for common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC 11-6C-3D.8. A copy of the recorded easement shall be submitted to the Planning Division. 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. Meridian City Council Meeting Agenda August 21, 2018 – Page 767 of 902 - 33 - 1.3.12 Comply with the outdoor service and equipment area standards as set forth i n 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 applicable, as set forth in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7. 1.4 Ongoing Conditions of Approval – Preliminary Plat 1.4.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 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 townhome and multi-family structures. 1.6 Site Specific Conditions of Approval – Conditional Use Permit 1.6.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-27 for multi-family developments. Plans submitted with the Certificate of Zoning Compliance application shall demonstrate compliance with these standards. 1.6.2 The site plan included in Exhibit A.3, dated 3/2/2018, shall be revised as follows: a. Depict a minimum of 80 square feet (s.f.) of private useable open space (i.e. patio or balcony) for each unit in accord with UDC 11-4-3-27B.3. b. Depict a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. c. Depict all on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults on the site plan in areas not visible from a public street, or fully screened from view from a public street. d. The central common area (i.e. open grassy area) shall either be widened to a minimum of 50 feet to comply with the minimum size requirements of 50’ x 100’ for open space amenities; or, another amenity from the Open Space category shall be provided as set forth in UDC 11-4-3-27D. 1.6.3 The landscape plan included in Exhibit A.5, dated March 30, 2018 shall be revised as follows: a. Depict landscaping along the foundations of all street facing elevations in accord with the standards listed in UDC 11-4-3-27-F as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plants. Meridian City Council Meeting Agenda August 21, 2018 – Page 768 of 902 - 34 - b. Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A minimum 5-foot wide landscape strip is required along each side of the pathway along the Ten Mile Creek. 1.6.4 The multi-family development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. 1.6.5 A minimum building setback of 10 feet is required unless a greater setback is otherwise required per UDC 11-4-3-27B.1. 1.6.6 A minimum of 20 feet separation between buildings is required per Building Code unless a reduction is approved through the Building Department. 1.6.7 Private streets are required in the multi-family portion of the development for addressing purposes and shall be constructed in accord with the standards listed in UDC 11-3F.4. A private street application shall be submitted with the final plat application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be required to construct a minimum 14-foot wide gravel access road over the existing sanitary sewer trunkline adjacent to Ten Mile Creek. This access can be co-located with sidewalk/pathways, as long as the design incorporates the minimum considerations of the wastewater maintenance equipment. 2.1.2 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary Meridian City Council Meeting Agenda August 21, 2018 – Page 769 of 902 - 35 - 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 any structures within the project. Meridian City Council Meeting Agenda August 21, 2018 – Page 770 of 902 - 36 - 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 887-2211. 3. POLICE DEPARTMENT 3.1 Provide private streets within the multi-family portion of the development for addressing purposes. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Fire Department plugs. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 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 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. 4.4 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. Cul- D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking – Fire Lane” per International Fire Code Sections 503.3 & D103.6. 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ Meridian City Council Meeting Agenda August 21, 2018 – Page 771 of 902 - 37 - inside and 48’ outside, per International Fire Code Section 503.2.4. 4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.3 & D103.6. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 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. 4.9 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. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.10 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 80,000 GVW as set forth in International Fire Code Section 503.2.1 and D103.6.1 and D103.6.2. 4.11 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. 4.12 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.13 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. 4.14 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. 4.15 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. 4.16 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). Meridian City Council Meeting Agenda August 21, 2018 – Page 772 of 902 - 38 - 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). 4.17 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. 4.18 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. 4.19 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. 4.20 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.21 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. 4.22 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. 4.23 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60”) wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4.24 Over 100 apartment units without an approved sprinkler system or 200 apartment units with an approved sprinkler system will require a secondary access per International Fire Code Section D104.3. 4.25 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. 4.26 The driveways in the multi -family portion of the development shall be private streets and shall be constructed in accord with the standards listed in U DC 11-3F-4 with a minimum width of 26 feet. 4.27 All public streets shall be a minimum of 33 -feet wide. 5. PARKS DEPARTMENT 5.1 The project developer shall design and construct a multi-use pathway consistent with the specifications set forth in the Meridian Pathways Master Plan (Chapter 3). Proposed location of pathway on west side of the Ten Mile Drain is acceptable to the Pathways Project Manager. Project Developer shall also provide a pedestrian bridge crossing of the Ten Mile Drain to connect with proposed future pathways to the east. 5.2 Prior to final approval, the applicant shall submit a public access easement for a multi-use pathway on the west side of the Ten Mile Drain to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Use Meridian City Council Meeting Agenda August 21, 2018 – Page 773 of 902 - 39 - standard City template for public access easement. Easement checklist must accompany all easement submittals. 5.3 Construct multi-use pathway per typical paving section(s) shown in the Meridian Pathways Master Plan Chapter 3. 5.4 The owner (or representative association) of the property affected by the public access easement shall have an ongoing obligation to maintain the multi-use pathway. 5.5 Six-foot tall open vision fencing shall be installed between pathways and (live) water irrigation canals and laterals as detailed in the Meridian Pathways Master Plan, Chapter 3, page 3-5. All other fence details per UDC 11-3A-7. 5.6 Should any discrepancy exist between these conditions and the requirements of the Nampa Meridian Irrigation District, the developer shall work with Pathways Project Manager to achieve a pathway design that meets both City and irrigation district objectives. 6. NAMPA MERIDIAN IRRIGATION DISTRICT 7. CENTRAL DISTRICT HEALTH DEPARTMENT Meridian City Council Meeting Agenda August 21, 2018 – Page 774 of 902 - 40 - 8. WEST ADA SCHOOL DISTRICT 9. ADA COUNTY HIGHWAY DISTRICT (ACHD) 9.1 Site Specific Conditions of Approval (Preliminary Plat) 9.1.1 Prior to plan approval and ACHD signature on the first final plat enter into a Cooperate Develop ment Agreement with ACHD for the construction of the Corporate Drive extension, which will also include the construction of a new bridge over the Ten Mile Creek. Construct Corporate Drive north of the bridge as a 40-foot wide commercial street section with vertical curb, gutter, and 5-foot wide attached concrete sidewalks. The crossing of Ten Mile Creek will require a 58-foot wide bridge with 2-foot parapets. South of the bridge construct Corporate Drive with a minimum of 30-feet of pavement and 3-foot wide gravel shoulders. The Cooperative Development Agreement shall include the roadway and bridge design and construction, as well as allocation of costs (70% ACHD and 30% the applicant). 9.1.2 In order to ensure that Corporate Drive will be extended, the following items must be in place prior plans acceptance for the first final plat. Cooperative Development Agreement; Financial surety provided by the applicant meeting the terms of the Cooperative Development Agreement; Full design and approved plans for the roadway and bridge. Meridian City Council Meeting Agenda August 21, 2018 – Page 775 of 902 - 41 - 9.1.3 Abutting the site, improve Waltman Lane as ½ of a 36-foot wide collector street section, plus 12-feet of additional pavement (to total 30-feet) with vertical curb, gutter, and a 5-foot wide (or 7-foot wide attached) detached concrete sidewalk with a 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff constructed on the north side of the roadway. 9.1.4 If detached sidewalks are constructed, then the right-of-way may extend to 2-feet behind the back of curb and the sidewalks can be placed in a permanent right-of-way easement. 9.1.5 Construct center left turn lanes on Waltman Lane at the apartment driveway located approximately 430- feet east of Corporate Drive and at Kearney Avenue. 9.1.6 Reconstruct of the existing Ten Mile Creek bridge crossing on Waltman Lane as a full 36-foot street section with vertical curb and 5-foot wide attached concrete sidewalks. This will require a 54-foot wide bridge with 2-foot parapets. 9.1.7 To ensure the existing Ten Mile Creek bridge crossing on Waltman Lane is improved when necessary and to allocate costs, the applicant shall enter into a Cooperative Development Agreement with ACHD. 9.1.8 The Cooperative Development Agreement should include bridge design and construction, as well as allocation of costs (76% ACHD and 24% the applicant). 9.1.9 In order to ensure that the Waltman Lane bridge is constructed, 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; Full design and approved plans for the bridge. 9.1.10 Install “NO PARKING” signs on Waltman Lane abutting the site. 9.1.11 Extend 1 stub street into the site, Ruddy Drive, with two 21-foot wide travel lanes, a 10-foot wide center landscape island, vertical curb, gutter, within 50-feet of right-of-way, and a 5-foot wide attached concrete sidewalks. 9.1.12 Construct 1 local street, Kearney Avenue, to intersect Waltman Lane, 330-feet west of Corporate Drive. 9.1.13 Construct the entry portion of Kearney Avenue with two 21-foot wide travel lanes, a 10-foot wide center landscape island, vertical curb, gutter, and a portion of an 8-foot wide planter strip within 60-feet of right- of-way with a 5-foot wide detached concrete sidewalks. 9.1.14 Provide a permanent right-of-way easement for detached sidewalks located outside of the dedicated right- of-way. 9.1.15 Plat all of the center landscape islands as right-of-way owned by ACHD. The applicant or the home owners association shall apply for a license agreement if landscaping is desired within the islands. 9.1.16 Construct all other internal local streets as 33-foot street sections with rolled curb, gutter, and 5-foot wide attached concrete sidewalks within 47-feet of right-of-way. 9.1.17 Construct an off-set cul-de-sac turnaround with a minimum radius of 45-feet at the terminus of SW 7th Street. 9.1.18 Construct three 20-foot alleys within the site, located as follows: One east/west alley to run between Kearney Avenue and Malayan Avenue. One north/south alley to run between Jacksnipe Drive and Backwoods Drive. Meridian City Council Meeting Agenda August 21, 2018 – Page 776 of 902 - 42 - One alley to run north from Jacksnipe Drive and curve to the east to intersect Malayan Avenue. 9.1.19 All alleys with horizontal curves shall be designed using the AASHTO equation 3-38. HSO= R (1 – cos(28.65*S/R)) using S = 80. 9.1.20 Construct one 24-foot wide full access driveway onto Waltman Lane located approximately 430-feet east of Corporate Drive. 9.1.21 Construct one 28-foot wide driveway onto Malayan Avenue located 300-feet south of Eider Drive. Sign this driveway for “NO PARKING”. 9.1.22 Construct 1 stub street to the north, 7th Avenue, located 130-feet east of the west property line. Install a sign at the terminus of the stub street stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 9.1.23 Provide a road trust deposit in the amount of $18,000 to pay for future traffic calming on local streets within The Landing Subdivision provided when Ruddy Drive is extended into the site. 9.1.24 Other than access specifically approved with this application direct lot access to Waltman Lane is prohibited and shall be noted on the final plat. 9.1.25 Payment of impact fees is due prior to issuance of a building permit. 9.1.26 Comply with all Standard Conditions of Approval. 9.2 Standard Conditions of Approval 9.2.1 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). 9.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 9.2.3 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. 9.2.4 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. 9.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for al l landscaping proposed within ACHD right-of-way or easement areas. 9.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 9.2.7 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. 9.2.8 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. 9.2.9 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 Meridian City Council Meeting Agenda August 21, 2018 – Page 777 of 902 - 43 - specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 9.2.10 Construction, use and property development shall be in confor mance with all applicable requirements of ACHD prior to District approval for occupancy. 9.2.11 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. 9.2.12 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. 10. IDAHO TRANSPORTATION DEPARTMENT (ITD) Meridian City Council Meeting Agenda August 21, 2018 – Page 778 of 902 - 44 - 11. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) Meridian City Council Meeting Agenda August 21, 2018 – Page 779 of 902 - 45 - Exhibit C: Legal Description & Exhibit Map for Rezone Boundary Meridian City Council Meeting Agenda August 21, 2018 – Page 780 of 902 - 46 - Meridian City Council Meeting Agenda August 21, 2018 – Page 781 of 902 - 47 - Meridian City Council Meeting Agenda August 21, 2018 – Page 782 of 902 - 48 - Meridian City Council Meeting Agenda August 21, 2018 – Page 783 of 902 - 49 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The Commission finds that the proposed map amendment from Commercial and to Medium-High Density Residential is consistent with elements of the Comprehensive Plan as noted in Sections VII & IX above. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds that the proposal to modify the Future Land Use Map to allow for mix of residential uses will be compatible with adjacent residential uses and future commercial uses as recommended in Section IX and Exhibit B. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The Commission finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan as recommended by staff in Exhibit B (see Sections VII and IX for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds the proposed amendment will be compatible with adjacent existing residential and future commercial uses. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission finds the proposed map amendment provides a logical juxtaposition of uses and sufficient area to mitigate any development impacts to adjacent properties. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and IX and the subject findings above, the Commission finds that the proposed amendment is in the best interest of the City. 1. REZONE: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a rezone, the Council shall make the following findings: Meridian City Council Meeting Agenda August 21, 2018 – Page 784 of 902 - 50 - a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds that the proposed map amendment to the R-15 and R-40 zoning districts is consistent with the proposed MHDR FLUM designation proposed for this site and should be compatible with existing and future uses in the area. Therefore, the Commission finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-15 and R-40 zoning districts is consistent with the purpose statements 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 Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the site is developed in accord with the conditions of approval in Exhibit B. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds the proposed rezone of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B. 3. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision- making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use if Council approves the requested FLUM amendment to MHDR; if the applicant complies with the conditions included in this report, the proposed plat should be consistent with the transportation and circulation goals. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Meridian City Council Meeting Agenda August 21, 2018 – Page 785 of 902 - 51 - Because City water and sewer and any other utilities will be provided by the developer at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD and ITD consider road safety issues in their analyses. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. f. The development preserves significant natural, scenic or historic features. The Commission is not aware of any significant natural, scenic or historic features on this site that need to be preserved. 4. CONDITIONAL USE PERMIT (UDC 11-5B-6E) The Commission and Council shall base its determination on the Conditional Use Permit request upon the following: 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 Commission finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the R-15 and R-40 districts (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MHDR for this site. 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 Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other existing and future uses in the general area and with the existing and intended character of the area. 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 Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. Meridian City Council Meeting Agenda August 21, 2018 – Page 786 of 902 - 52 - 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 Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. 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 Commission finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, sceni c or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Meridian City Council Meeting Agenda August 21, 2018 – Page 787 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 9H Project File Number: H-2018-0057 Item Title: Public Hearing for Bainbridge Franklin Public Hearing for Bainbridge Franklin (H-2018-0057) by Steve Bainbridge Located at 2075 and 2155 W. Franklin Rd. 1. Request: Annexation and Zoning of 3.68 Acres of Land with a C -G Zoning District Meeting Notes I TEM SHEET C ouncil Agenda I tem - 8.H. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for B ainbridge F ranklin (H-2018-0057) by S teve B ainbridge L ocated at 2075 and 2155 W. F ranklin Rd. Applic ant reques ts continuance to O c to b er 2, 2018 C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 8/14/2018 P lanning and Zoning Commission Minutes Cover Memo 8/17/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/14/2018 - 3:48 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 815 of 902 Hearing Date: 8/21/2018 Hearing Type: Council Item Number: 9-H Project Name: Bainbridge Franklin Project Number: H-2018-0057 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Bainbridge Franklin – AZ PAGE 1 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0057 – Bainbridge Franklin – AZ 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Steve Bainbridge has submitted an application for annexation and zoning (AZ) of 3.68 acres of land with a C-G zoning district. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on July 12, 2018. At the public hearing, the Commission moved to recommend denial of the subject annexation and zoning request. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel (Applicant’s representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. The request to keep the existing buildings and not connect them to city utilities. ii. The request to keep the structures on the property on septic and well with a 5-year sunset. iii. Why the rush to annex without a proposed use for the property? d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0057 to City Council as presented in staff report for the hearing date of August 21, 2018 with the following modifications: (Add any proposed modifications.) Meridian City Council Meeting Agenda August 21, 2018 – Page 816 of 902 Bainbridge Franklin – AZ PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0057 to City Council as presented in staff report for the hearing date of August 21, 2018 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2018-0057 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: 2075 and 2155 W. Franklin Road. The site is located in the NE ¼ of Section 14, Township 3N., Range 1W. b. Owner/Applicant: Steve Bainbridge 2576 W. Piazza Drive Meridian, ID 83646 c. Representative: Shawn L. Nickel, SLN Planning P. O. Box 1595 Eagle, ID 83616 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for annexation and zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: June 22, 2018 (Commission); August 3, 2018 (Council) c. Radius notices mailed to properties within 300 feet on: June 15, 2018 (Commission); July 26, 2018 (Council) d. Applicant posted notice on site by: June 29, 2018 (Commission); August 9, 2018 (Council) 6. LAND USE a. Existing Land Use(s): The subject property consists of rural residential land; zoned R1 in Ada County. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: North: Industrial property, zoned I-L East: Twelve Oaks Villas, zoned C-C and TN-R South: Vacant commercial property, zoned C-C West: Vacant commercial property, Zoned C-C c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the proposed Meridian City Council Meeting Agenda August 21, 2018 – Page 817 of 902 Bainbridge Franklin – AZ PAGE 3 development currently exists adjacent to the parcel in W. Franklin Road. Location of water: A water main intended to provide service to the proposed development currently exists adjacent to the parcel in W. Franklin Road. Reclaimed Water: A reclaimed water intended to provide service to the proposed development currently exists adjacent to the parcel in W. Franklin Road. Issues or concerns: None. e. Physical Features: 1. Canals/Ditches Irrigation: The Vaugh Lateral runs adjacent to the south side of the property. 2. Hazards: Staff is unaware of any hazards that may exist on the site. 3. Flood Plain: This property is not within the floodplain overlay district. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Mixed Use – Commercial (MU-COM) on the Comprehensive Plan Future Land Use Map (FLUM). MU-C designated areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. In MU-C areas, 3 more significant uses also tend to be larger scale projects. Traditional neighborhood design concepts with a strong pedestrian- oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8 -12 dwelling units (d.u.) per (/) acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MU-C designation should be used for residences. (See pg. 3-9 for more information.) While not necessarily the burden of this application, it should be understood that cumulative changes to this area of the TMISAP have occured, east of Ten Mile Road.The cumulative changes have resulted in an increase in more commercial property and less residential densities than originally evisoned for the area. The most recent being, the Calnon project that was approved in 2015, which changed the Comprehensive Plan designation on the south and west boundaries of this property from Medium-High Density Residential to Mixed Use Commercial. Because the adjacent property is a much larger parcel, staff anticipates a mix of employment, retail and other residential uses developing on this property. The recorded development agreement requires a more detailed concept plan that demonstrates compliance with the MU-C land use designation.. For these reasons, full compliance with the TMISAPis not achievable , so in order to ensure compliance/consistency with adjacent developments, staff recommends that the applicant apply for a development agreement modification with a revised concept plan once an end-user is identified and prior to approval of their first certificate of zoning compliance for the property. The applicant proposes to annex the site with a C-G zoning district which is an appropriate zoning district for an MU-COM designated area. The site is proposed to develop with seven (7) commercial pad sites. Meridian City Council Meeting Agenda August 21, 2018 – Page 818 of 902 Bainbridge Franklin – AZ PAGE 4 This project is part of a larger MU-COM, so staff does envision a mix of uses developing in the area. The properties to the east are the same mixed us commercial designation and with the increased residential uses in the area, additional commercial uses may be required to serve those use. There is a mix of commercial and industrial near the intersection of Franklin and Linder Roads and a multi-family development is approved for the parcel immediately to the east of the subject property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): “Plan for a variety of commercial and retail opportunities within the Impact Area.” (3.05.01J) With the increase of residential units in the area, the proposed commercial project will contribute to the variety of uses in this part of the city. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is contiguous to annexed parcels and city services are available. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the conditions of approval in this report. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the C-G district is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed commercial development is a principally permitted use in the C-G zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed C-G zoning district. D. Landscaping: Per UDC 11-3B-9, a 25-foot landscape buffer is required adjacent to the multi- family development along the east boundary. Per UDC 11-2B-3 and 11-3B-7, a 25 foot landscape buffer is required along W. Franklin Road. E. Off-Street Parking: As proposed, there is no off-street parking required or proposed for this project. 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). 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. AZ: The applicant requests annexation and zoning of 3.68 acres of land with a C-G zoning district, consistent with the MU-COM land use designation. Meridian City Council Meeting Agenda August 21, 2018 – Page 819 of 902 Bainbridge Franklin – AZ PAGE 5 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 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 as follows: Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-C land use designation. A mix of uses from each major use category (i.e. commercial, residential, employment) shall be provided as set forth in the Ten Mile Interchange Specific Area Plan (TMISAP). No more than 30% of the ground level development within the MU-C designation shall be used for residences. The existing structures shall be removed from the site immediately upon annexation. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214120710) and to the property to the east (parcel #R8580480020) via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. Cross-access shall also be granted between future lots within this development as applicable. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development. Conceptual site plan: A site plan was submitted, included in Exhibit A.2 that depicts seven (7) commercial pad sites. The design of the site should comply with the design review standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. The applicant is also proposing to provide a cross access to the Twleve Oaks multi-family project to the east. Staff is also recommending that the applicant provide a cross-acces eeasement to the west as well. Staff has the following comments on the proposed conceptual plan: 1. The conceptual site plan does not show reflect the required 25 foot buffer along the east boundary of the project. This requirement will impact the layout of the site. 2. The parking located immediately as you enter the parcel from Franklin should be eliminated as to not cause traffic problems with vehicles entering the development. Landscaping: A landscape plan was not submitted with this application. There is a 25-foot landscape buffer required adjacent to the multi-family project (12 Oaks) that is adjacent to the east side of this property; and a 25 foot landscape buffer is required along the Franklin Road frontage. Existing building/uses: All of the existing buildings on the site shall be removed and any existing business located on the property shall cease immediately upon annexation. Parking: Based on the conceptual site plan, there will be approximately 40,600 square feet. Per UDC 11-3C-6 one parking space is required per 500 s.f. of building area. In this case, that Meridian City Council Meeting Agenda August 21, 2018 – Page 820 of 902 Bainbridge Franklin – AZ PAGE 6 amounts to 82 required parking spaces. The conceptual site plan as contains 115 parking spaces, which is in compliance with UDC requirements. Access: Direct access to W. Franklin Road is proposed for the development. As mentioned above, the multi-family project to the east provided cross-access to this site, so this project will be required to reciprocate that cross-access easement. The cross access will provide increased access in the area. Permitted Uses: Staff feels that limiting the allowable uses on the property is prudent due to the potential for uses that would adversely impact the surrounding residential uses. Staff recommends that only those uses designated as permitted in UDC11-2B-2 be allowed with additional restriction from Arts, entertainment or recreation facility, outdoor, Dispatch center for mobile service, Recreational vehicle park, Vehicle repair minor, Vehicle sales or rental and service, Vehicle washing facility, Wireless communication facility, Wireless communication facility, amateur radio antenna and that drinking establishments be allowed through a conditional use permit. Utilities: Sanitary sewer service to the proposed development will only be needed for the manager’s office adjacent to N. Ten Mile Road, and therefore no new mainlines will be needed. Though sewer is not required for this portion of the Stor-It facility, water is required. The property to the north was recently approved as a self-storage facility, and with that, staff required that applicant to stub water to the south property line. The applicant will need to coordinate with that property owner and public works to construct water mains to and through the project from the existing mainline in N. Ten Mile Road. Building Elevations: Structures within the proposed development that are visible from the street or abutting properties are required to comply with the design review standards set forth in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Building materials for the proposed structures appear to be a mixture of stucco and stone with a mixture of roofing styles. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the self- service storage facility. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive Plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. Meridian City Council Meeting Agenda August 21, 2018 – Page 821 of 902 Bainbridge Franklin – AZ PAGE 7 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Site Plan (dated: 5/16/2018) 3. Proposed Elevations B. Conditions of Approval C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 21, 2018 – Page 822 of 902 Bainbridge Franklin – AZ PAGE 20 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda August 21, 2018 – Page 823 of 902 Bainbridge Franklin – AZ PAGE 21 2. Conceptual Site Plan (NOT APPROVED) (dated: 5/16/2018) Meridian City Council Meeting Agenda August 21, 2018 – Page 824 of 902 Bainbridge Franklin – AZ PAGE 22 3. Proposed Elevations Meridian City Council Meeting Agenda August 21, 2018 – Page 825 of 902 Bainbridge Franklin – AZ PAGE 23 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. A Certificate of Zoning Compliance application will not be accepted until the ordinance and development agreement are recorded. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines in the City of Meridian Architectural Standards Manual (or any updated versions thereof). b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. c. Design elements compatible with the matrix on page 3-49 of the TMISAP for the MU-C designated area shall be provided with development as follows: Architecture & Heritage (3- 32); Street-Oriented Design – Commercial & Mixed Use buildings (3-33); Buildings to Scale (3-34); Neighborhood Design (3-36); Building Form and Character – Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details – Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU-C only) (3- 41 thru 3-45); Signs (3-46); and Public Art (3-47).. d. Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-C land use designation. e. All of the existing buildings on the site shall be removed and any existing business located on the property shall cease immediately upon annexation. f. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214120710) and to the property to the east (parcel #R8580480020) in accord with UDC 11-3A-3. g. A pedestrian access shall be provided to both the parcel to the west and to the east in order to facilitate pedestrian traffic through the area. h. The only uses allowable within the development are restaurants, retail, office (which include personal and professional services), vertically integrated residential project. i. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. 1.1.2 Prior to the City Council hearing, the applicant shall provide an updated landscape plan showing the required 25 foot landscape buffer along Franklin Road. The parking that is currently proposed within the 25 foot are shall be eliminated. Meridian City Council Meeting Agenda August 21, 2018 – Page 826 of 902 Bainbridge Franklin – AZ PAGE 24 1.1.3 The parking located immediately as you enter the parcel from Franklin shall be eliminated as to not cause traffic problems with vehicles entering the development. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 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. 2.1.2 Existing domestic wells within the project area must be properly abandoned per General Condition of Approval 2.2.7. 2.1.3 Any existing sanitary sewer and/or water mainline stubs into the subject parcels that are not proposed to be used must be properly abandoned per the City of Meridian Standards. 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). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can’t serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. 2.1.5 The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. 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 Meridian City Council Meeting Agenda August 21, 2018 – Page 827 of 902 Bainbridge Franklin – AZ PAGE 25 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. 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. Meridian City Council Meeting Agenda August 21, 2018 – Page 828 of 902 Bainbridge Franklin – AZ PAGE 26 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 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 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 dista nce 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. 3.3 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. Meridian City Council Meeting Agenda August 21, 2018 – Page 829 of 902 Bainbridge Franklin – AZ PAGE 27 6. REPUBLIC SERVICES 6.1 Republic Services has no comment on this application, 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments have not yet been received from ACHD on this application. 7.1.1 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). 7.1.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.1.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.1.4 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. 7.1.5 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. 7.1.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.1.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE ( 1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits spare or filled) are compromised during any phase of construction. 7.1.8 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. 7.1.9 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. 7.1.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.1.11 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. 7.1.12 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 August 21, 2018 – Page 830 of 902 Bainbridge Franklin – AZ PAGE 28 C. Legal Description and Exhibit Map Meridian City Council Meeting Agenda August 21, 2018 – Page 831 of 902 Bainbridge Franklin – AZ PAGE 29 Meridian City Council Meeting Agenda August 21, 2018 – Page 832 of 902 Bainbridge Franklin – AZ PAGE 30 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 C-G is not consistent with the proposed MU-COM 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 C-G zoning district is consistent with the purpose statement of the commercial districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 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 feels the proposed annexation is not in the best interest of the City. Meridian City Council Meeting Agenda August 21, 2018 – Page 833 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 91 Project File Number: H-2018-0052 Item Title: Public Hearing for Fairbourne Subdivisioin Public Hearing for Fairbourne Subdivision (H-2018-0052) by Fairbourne Development, LLC Located at the Northwest Corner of W. Chinden Blvd. and N. Black Cat Rd. 1. Request: Rezone of a Portion of Property from R-15 (9.71 Acres), R-8 (39.71 Acres), and C -C (19.48 Acres) to R-8 (62.41 Acres) and CC (6.48 Acres); and 2. Request: Preliminary Plat Consisting of 176 Building Lots and 26 Common Lots on 66.35 Acres of Land in a Proposed R-8 and C -C Zoning District; and 3. Request: To Be Removed From an Existing Development Agreement and to be Placed in a New, Separate Agreement Meeting Notes 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 8.I . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for F airbourne S ubdivision (H-2018-0052) by F airbourne D evelopment, L L C Located at the Northwest Corner of W. Chinden Blvd. and N. B lack C at Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 8/14/2018 P lanning and Zoning Commission Minutes B ackup Material 8/6/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/14/2018 - 4:11 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 840 of 902 Hearing Date: 8/21/2018 Hearing Type: Council Item Number: 9-I Project Name: Fairbourne Subdivision Project Number: H-2018-0052 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Fairbourne Subdivision H-2018-0052 Page 1 of 26 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0052 – Fairbourne Subdivision I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Fairbourne Development, LLC, has submitted a request for the following: Request for rezone a portion of property from R-15 (9.71 acres), R-8 (39.71 acres), and C-C (19.48 acres) to R-8 (62.41 acres) and C-C (6.48 acres) A preliminary plat consisting of 176 single-family building lots, 1 commercial building lot and 26 common lots on 66.35 acres of land. A development agreement modification to be removed from the existing development agreement and to be placed in a new, separate agreement. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed applications with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on July 12, 2018. At the public hearing, the Commission moved to recommend approval of the subject Rezone, Preliminary Plat and Development Agreement Modification requests. a. Summary of Commission Public Hearing: i. In favor: Sam Johnson, (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. How does this development impact the black Cat improvements on the corner with the Costco development? ii. The common lot on the north boundary of the site seems to be hidden from view from the adjacent public streets. Are the Fire and Police departments ok with the design? iii. How will this and other large developments in the area impact traffic congestion on Black Cat Road, Tree Farm Way and Chinden Blvd? d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: Meridian City Council Meeting Agenda August 21, 2018 – Page 841 of 902 Fairbourne Subdivision H-2018-0052 Page 2 of 26 i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2018-0052 as presented in staff report for the hearing date of July 12, 2018 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2018-0052 as presented in staff report for the hearing date of July 12, 2018, for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Number H-2018-0052 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 NWC of W. Chinden Blvd and N. Black Cat Road, in the SE ¼ of Section 21, Township 4N., Range 1W. B. Owners: HBU Investments MDC, LLC 2701 E. Pine Ave 4740 W. Chinden Blvd Meridian, ID 83642 Meridian, ID 83646 C. Applicant: Fairbourne Development, LLC 2701 E. Pine Ave. Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone, preliminary plat and a development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 22, 2018 (Commission); C. Radius notices mailed to properties within 300 feet on: June 15, 2018 (Commission); D. Applicant posted notice on site(s) on: July 2, 2018 (Commission); VI. LAND USE A. Existing Land Use(s) and Zoning: The land is undeveloped and the recent use has been agricultural. The property does have structures on it that will be removed as part of the proposed development. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Meridian City Council Meeting Agenda August 21, 2018 – Page 842 of 902 Fairbourne Subdivision H-2018-0052 Page 3 of 26 1. North: Phyllis Canal; Agricultural property, zoned RUT (Ada County) 2. East: Single-family residential property in the Tree Farm Subdivision, zoned R-4 and R-8 respectively, and a commercial nursery, zoned C-C and R-15 3. South: Chinden Blvd and Single-family residences/agricultural land, zoned RUT (Ada County). 4. West: Agricultural and residential, zoned R1 and RUT C. History of Previous Actions: In 2006, the subject property was annexed as the Tree Farm (AZ-06-004 and AZ-06-050) and was granted approval with R-15, R-8 and C-C zoning districts. A Development Agreement (DA) (#106151218) was executed upon annexation of the property. Several addendums to the DA have also been recorded (#107025555 and #107141993). In 2007, a third addendum to the DA was approved and recorded (#107141993) that realigned the zoning district boundaries consistent with the approved preliminary plat. D. Utilities: 1. Public Works: Location of sewer: The sanitary sewer trunk intended to provide service to this development currently exists in N. Black Cat Road. Location of water: Domestic water service to this development will be provided by Suez Water Idaho, formerly United Water of Idaho. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is some existing irrigation infrastructure that crosses the property near the southwest corner. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: There are no designated flood plains on the subject property. 4. Topography: This site is generally flat, except along the rim. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Medium Density Residential,” “Low Density Residential” and “Mixed Use Community” on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. Low density residential areas are anticipated to contain up to three dwellings per acre. The proposed preliminary plat includes 176 single-family lots and 1 commercial lot on 66.35 acres for a total gross density of 2.82 dwelling units/acre. The Meridian Comprehensive plan provides guidelines for residential development within ¼ mile of the rim. The Comprehensive Plan suggests that lot sizes in this area should range from one half to one acre in size. Even though the 2.82 dwelling units per acre is below the Comprehensive Plan designation for the “Medium Density Residential” portion, it is important to note that when this property was annexed, a specific concept plan for this entire Tree Farm area was approved by the City Council. The proposed preliminary plat is generally consistent with that concept plan for this portion of the overall annexation area. Thus, staff is of the opinion that the application is compliant with the recommended density for Meridian City Council Meeting Agenda August 21, 2018 – Page 843 of 902 Fairbourne Subdivision H-2018-0052 Page 4 of 26 this area as shown on the conceptual plan. The applicant is providing a mixture of lot sizes in order to provide greater housing diversity in the area. The southern 20 acres of the property is designated Mixed Use – Community (MU-C) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. 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. 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 as Figure 3-3 in the Comprehensive Plan below. 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. • The site plan should depict a transitional use and/or landscaped buffering between commercial and low- or medium-density residential development. • 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 development consists of commercial and residential uses; because the site is fairly small, staff is not recommending a third land use type is provided. Further, because this property is part of a larger mixed-use area, additional land use types should be provided within the overall designation. • Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments. Because this is a smaller mixed-use development, staff does not recommend these types of facilities are required on this site. Meridian City Council Meeting Agenda August 21, 2018 – Page 844 of 902 Fairbourne Subdivision H-2018-0052 Page 5 of 26 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 applicant has not provided a concept plan, so staff is unaware of whether the applicant will provide these places. • All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The applicant is proposing a pedestrian pathway from the residential development to the east of the proposed C-C zoned parcel. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. The applicant has coordinated extensively with ACHD on the roads and will comply with their requirements; this also includes compliance with the Master Street Map. • Because of the existing small lots within Old Town, development is not subject to the Mixed-Use standards listed herein. The proposed development is not within Old Town. In reviewing development applications, the following items will be considered in MU-C areas: • Development should comply with the general guidelines for development in all Mixed-Use areas. See above. • All developments should have a mix of at least three land use types. The applicant is only proposing two types of land uses; staff is not recommending a third land use be provided due to the remaining MU-C designated area. Staff is confident that we will get a third land use type as the area develops to the east and west. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. Though this portion of the Mixed Use designation does not meet the minimum of 6 to 12 units/acre, the remaining mixed use area to the east and west will help to make up that difference. • Non-residential buildings should be proportional to and blend in with adjacent residential buildings. Conceptual elevations were not submitted for the commercial buildings; elevations submitted in the future for commercial buildings should be consistent with this requirement. • Vertically integrated structures are encouraged. • Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000-square foot building footprint. For the development of public school sites, the maximum building size does not apply. The maximum building footprint for the C-C zoned parcel shall be limited to 30,000 square feet. • 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. Outdoor seating areas at restaurants do not count towards this requirement. The applicant has not provided a concept plan, so staff is unaware of whether the applicant will provide these places. • Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. Meridian City Council Meeting Agenda August 21, 2018 – Page 845 of 902 Fairbourne Subdivision H-2018-0052 Page 6 of 26 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 street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) The applicant is proposing to construct a portion of N. Black Cat Road with their development as well as two stub streets to the west in order to provide future connectivity. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The applicant is proposing to construct 5-foot detached sidewalks along all of the proposed local streets in the subdivision. Black Cat Road, an arterial street, will have a 5-foot detached sidewalk along the west side as part of this project. Waverton Drive, a collector street, will have 5-foot detached sidewalks constructed on both sides. In addition, several micro-paths are proposed, to provide additional pedestrian connectivity to the surrounding area. The proposed sidewalks and pathways will enhance pedestrian connectivity in this area. “Require common area for all subdivisions.” (3.07.02F) The applicant has provided 8.97 acres (14.4%) of open space which exceeds the ten percent requirement of open space set forth in the UDC. “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage / backage roads.” (3.03.02N) The applicant has worked with the adjacent property owners and they have entered into an agreement to dedicate the Right-of-way required to construct N. Black Cat Road. “Protect and conserve existing waterways, groundwater, wetlands, wildlife habitat, air, soils, and other natural resources.” (5.01.01) Staff has concerns with the topography of the property as the future N. Black Cat Road crosses over the Phyllis Canal. The applicant will need to address this topography on their plat. This includes a requirement that a common lot be provided in the northwest corner of the plat adjacent to lots 46 and 47, Block 6. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) The applicant will be required to provide two stub streets to the west for future connectivity. Additionally, Black Cat Road shall be extended over the Phyllis Canal in the future. “Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L). The applicant should coordinate with ITD on the preservation of right of way (ROW) along the Chinden corridor. The total ROW needed for this segment of the corridor is 200 feet. “Require landscape street buffers for new development along all entryway corridors. (2.01.02E) A 35-foot wide landscape buffer will be required along Chinden Boulevard, designated entryway corridors. These landscape buffers must be developed in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. The applicant is proposing to install a 45-foot landscape buffer. “Require all commercial and industrial businesses to install and maintain landscaping. Meridian City Council Meeting Agenda August 21, 2018 – Page 846 of 902 Fairbourne Subdivision H-2018-0052 Page 7 of 26 (2.01.03B) The applicant is required to install landscaping meeting the requirements of UDC 11-3B and must maintain the landscaping. “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A 10-foot wide detached multi-use pathway is required to be constructed along the frontage of the site on Chinden Boulevard and the applicant is proposing to construct internal walkways which will provide safe routes to community gathering places. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. Based on the above analysis, staff finds that the proposed development is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential Districts (R-8): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Purpose Statement of the Commercial Districts (C-C): The purpose of the C-C district is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. C. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as principally permitted uses in the R-8 zoning districts. UDC 11-2B-2 lists a variety of commercial uses as either permitted or conditionally approved depending on the specific use. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 zoning district. D. Landscaping: A 20-foot wide buffer is required to be constructed along N. Black Cat Road and W. Waverton Drive AND a 35 foot landscape buffer is required to be constructed along W. Chinden Blvd in accord with the street buffer landscaping standards listed in UDC 11-3B-7C. E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3 F. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. G. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 and 11-3C- 6B. H. Structure and Site Design Standards: Development of the commercial portion of the site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). Meridian City Council Meeting Agenda August 21, 2018 – Page 847 of 902 Fairbourne Subdivision H-2018-0052 Page 8 of 26 IX. ANALYSIS 1. Analysis of Facts Leading to Staff Recommendation: Rezone (RZ): The subject property is governed by a development agreement (DA) recorded as instrument #106151218. As mentioned earlier, the proposed rezone is generally consistent with the concept plan that was approved with The Tree Farm Annexation, and is generally consistent with the City’s Comprehensive Plan. The applicant is requesting to eliminate the R-15 zoned area, and to reduce the C-C zoning designation. The purpose of the rezone is to reduce the amount of commercial property and to increase the amount of residential property in the area. The applicant shall provide a concept plan for how the commercial property is going to develop or some design principles that they are proposing. The MU-C designation requires certain design criteria. For example some design principles include limited access, parking to the side and rear of the structures, and open space or plazas. Development Agreement (DA): As part of this application, staff is requiring that the applicant enter into a new development agreement for the property subject to the requirements specified in Exhibit B of the staff report. Preliminary Plat: The proposed plat consists of one hundred seventy-six (176) single family building lots, one (1) commercial lot and twenty-six (26) common lots on 66.35 acres of land. The R-8 and C-C zoning districts are appropriate for the proposed development. The gross density for the subdivision is 2.82 d.u./acre. The R-8 portion of the project is 62.41 acres of land. This portion consists of 176 single-family residential lots. The approximate gross density for the R-8 portion of the project is 2.82 dwelling units per acre, which is slightly under the target density of the MDR land use designation. The C- C portion of the project consists of one commercial lot and is approximately 4.8 acres in size. The applicant proposes to develop the property in four phases. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 district and Table 11-2B-3 for the C-C district. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 and C-C dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Common Drives: There are four common driveways proposed. The applicant is proposing Lots 19-21, 33-35, and 43-45 of Block 7, and 15-16 of Block 1 take access from common driveways. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit. For any plats using a common driveway, the setbacks, 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. The applicant shall provide the required exhibits with the submittal of a final plat application. One of the common driveways (Lot 18, Block 7) will be used as an emergency access and will have bollards to limit vehicular access to emergency personnel and will have no parking signs. State Highways: Chinden Boulevard is a state highway. UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the ½ mile between sections. A note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The applicant should be required to construct noise abatement in compliance with UDC 11-3H-4D and ITD’s design Meridian City Council Meeting Agenda August 21, 2018 – Page 848 of 902 Fairbourne Subdivision H-2018-0052 Page 9 of 26 requirements adjacent to the residential uses. The applicant should dedicate right-of-way, in accordance with ITD’s requirements, to allow for future highway expansion (100-feet from centerline proposed). The applicant should construct a 10-foot wide pathway along Chinden Boulevard (see UDC 11-3H-4C3). Access: Access to this development will be provided from N. Black Cat Road. The applicant has discussed the extension of N. Black Cat Road and N. Tree Farm Way with the adjacent property owner and with representatives of ACHD. This road should be constructed with the first phase of development. The access to the commercial parcel shall be off of Waverton Drive. Direct access to Black Cat shall not be permitted with this development. Black Cat Road from Chinden to Highland Falls Drive shall be constructed with the first phase of development. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Landscaping, Open Space and Amenities: The applicant is proposing 8.97 acres (14.4%) of open space for the development. The applicant is also proposing to include a clubhouse, pool, children’s play structure and a pedestrian walking path as amenities for the subdivision. Based on the acreage of the plat, the applicant has met the requirements of UDC 11-3G in regards to the number of amenities required for the subdivision. Landscape Buffer along Chinden Boulevard: Chinden Boulevard, adjacent to the property, is classified as an Entryway Corridor on the Future Land Use Map, and requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 200 foot right-of-way for the highway. There is approximately 55 additional feet that shall be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion. The applicant shall landscape this approximately 55 foot are with the exception of an allowable 10 feet that can be improved with gravel. The Meridian Police and Fire Departments have concerns about the open space being proposed for Lot 28, Block 3. This area will have limited visibility due to the fact that there is no current proposal for a public road north of Highland Falls Drive. Prior to the Planning and Zoning Commission, the applicant shall provide a plan for the proposed development to offer natural surveillance of the area. The applicant shall extend the roadway with a turnaround that fire approves or include this are in the adjacent lots. If the area isn’t included in a common lot, the applicant will need to provide revised open space calculation in order to ensure compliance with the requirement of 10% open space for the development. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. Fencing: The developer is responsible for constructing fences abutting pathways and common open space lots to distinguish common from private areas; fencing details should be included with the final plat application in accord with the standards listed in UDC 11-3A-7A.7. Any future fencing proposed for the development must comply with the fencing regulations set forth in UDC 11-3A-7. Meridian City Council Meeting Agenda August 21, 2018 – Page 849 of 902 Fairbourne Subdivision H-2018-0052 Page 10 of 26 Pressurized Irrigation (PI): The City of Meridian requires that pressurized irrigation (PI) systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. An underground, pressurized irrigation system is required to be installed in accordance with UDC 11- 3A-15. Building Elevations: The submitted elevations depict a mix of building materials, decorative window and door trim, decorative corbels, covered entries, and stone wainscot consistent with the surrounding developments. Staff is of the opinion the future single-family homes will complement the existing homes in the area and demonstrate high quality materials (see Exhibit A.4). The rear and/or side of structures that face N. Black Cat Road and W. Chinden Blvd 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. Multi-Use Pathway: A multi-use pathway is required to be constructed on this site along Chinden Boulevard (SH 20/26) within a public use easement in accord with UDC 11-3H-4C.4. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for any commercial structures, including the clubhouse. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 5/4/2018) 3. Proposed Landscape Plan (dated: 5/2/2018) 4. Conceptual Building Elevations (Commercial and Residential) 5. Conceptual commercial site plans B. Agency & Department Comments/Conditions C. Rezone Legal Description and Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 21, 2018 – Page 850 of 902 Fairbourne Subdivision H-2018-0052 Page 9 of 26 A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda August 21, 2018 – Page 851 of 902 Fairbourne Subdivision H-2018-0052 Page 10 of 26 2. Proposed Preliminary Plat (dated: 5/4/2018) Meridian City Council Meeting Agenda August 21, 2018 – Page 852 of 902 Fairbourne Subdivision H-2018-0052 Page 11 of 26 3. Proposed Landscape Plan (dated: 5/2/2018) Meridian City Council Meeting Agenda August 21, 2018 – Page 853 of 902 Fairbourne Subdivision H-2018-0052 Page 13 of 26 4. Conceptual Building Elevations (Commercial and Residiential) Meridian City Council Meeting Agenda August 21, 2018 – Page 854 of 902 Fairbourne Subdivision H-2018-0052 Page 14 of 26 Meridian City Council Meeting Agenda August 21, 2018 – Page 855 of 902 Fairbourne Subdivision H-2018-0052 Page 15 of 26 Meridian City Council Meeting Agenda August 21, 2018 – Page 856 of 902 Fairbourne Subdivision H-2018-0052 Page 16 of 26 5. Conceptual commercial site plans Meridian City Council Meeting Agenda August 21, 2018 – Page 857 of 902 Fairbourne Subdivision H-2018-0052 Page 17 of 26 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be entered into between the City of Meridian, the property owner(s ) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A and the revisions noted in the staff report. b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The rear and/or side of structures that face N. Black Cat Road and W. Chinden Blvd 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. c. Black Cat Road from Chinden to Highland Falls Drive shall be constructed with the first phase of development. d. The access to the commercial parcel shall be from Waverton Drive. Direct access to Black Cat shall not be permitted with this development. e. The maximum building footprint for the C-C zoned parcel shall be limited to 30,000 square feet. f. The clubhouse and pool shall be constructed with the first phase of development. g. The applicant shall dedicate/preserve the ROW for the future widening of Chinden Blvd. h. A note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. i. The applicant should construct a 10-foot wide pathway along Chinden Boulevard (see UDC 11- 3H-4C3). 1.1.2 The preliminary plat, dated 5/4/2018, is approved with the following changes: a. Bollards and no parking signs shall be installed on common driveway Lot 18, Block 7 which will serve as an emergency access. 1.1.3 The landscape plan included in Exhibit A.3, dated 5/2/2018, is approved with the following changes: a. Fencing adjacent to all pathways and common open space shall meet the requirements of UDC 11-3A-7. b. Prior to the Planning and Zoning Commission, the applicant shall provide a plan for the proposed development to offer natural surveillance of the area. The applicant shall extend the roadway with a turnaround that fire approves or include this area in the adjacent lots. Meridian City Council Meeting Agenda August 21, 2018 – Page 858 of 902 Fairbourne Subdivision H-2018-0052 Page 18 of 26 c. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 200 foot right-of-way for the highway. There is approximately 55 additional feet that shall be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion. The applicant shall landscape this approximately 55 foot area with the exception of an allowable 10 feet that can be improved with gravel. d. Provide a 6-foot tall solid fence and noise abatement, in accordance with UDC 11-3H-4D, along Chinden Boulevard. Prior to the Planning and Zoning Commission, the applicant shall revise the landscape plan to include a cross-section of the berm (or berm/wall combination) in relation to the centerline of SH 20/26 demonstrating compliance with the standards listed in UDC 11-3H-4D. This is only applicable adjacent to the residential frontage to Chinden Blvd. e. A multi-use pathway is required to be constructed on this site along Chinden Boulevard (SH 20/26) within a public use easement in accord with UDC 11-3H-4C.4. 1.1.4 If the area along the Phyllis Canal is combined with the buildable lots, the applicant shall provide revise open space calculation in order to ensure that the 10% open space requirement is met. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted with the final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveways. 1.1.5 Prior to the Planning and Zoning Commission the applicant shall provide a concept plan for the commercial parcel. On the concept plan the applicant shall incorporate the design concepts that we find to be appropriate on the parcel. 1.1.6 Comply with all of ACHD conditions of approval. 1.1.7 CZC and DES must be submitted for review approval prior to applying for any building permits for Lot 2, Block 7 and Lot 18, Block 4. 1.1.8 Prior to the Planning and Zoning Commission, the applicant shall provide a revised concept plan showing how the C-C zone parcel will develop. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 and C-C zoning districts listed in UDC Tables 11-2A-5 and 11-2B-3. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subject property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. Meridian City Council Meeting Agenda August 21, 2018 – Page 859 of 902 Fairbourne Subdivision H-2018-0052 Page 19 of 26 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda August 21, 2018 – Page 860 of 902 Fairbourne Subdivision H-2018-0052 Page 20 of 26 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Water service to this development will be from the Suez North America’s water system. The City of Meridian has been made aware that available fire flow in this area is limited to 1500gpm, which may not be adequate given the size of the proposed lots and dwellings. The applicant shall coordinate with Meridian Building and Fire Departments to arrange compliance alternatives for any homes requiring fire flows greater than 1500gpm based on Appendix B of the 2009 International Fire Code (IFC). 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at Meridian City Council Meeting Agenda August 21, 2018 – Page 861 of 902 Fairbourne Subdivision H-2018-0052 Page 21 of 26 (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 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 Meridian City Council Meeting Agenda August 21, 2018 – Page 862 of 902 Fairbourne Subdivision H-2018-0052 Page 22 of 26 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 887-2211. 3. POLICE DEPARTMENT 3.1 Prior to the Planning and Zoning Commission, the applicant shall provide a plan for the proposed development to offer natural surveillance of the area. The applicant shall extend the roadway with a turnaround that fire approves or include this area in the adjacent lots. 4. FIRE DEPARTMENT 5.1 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. 5.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 5.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 5.4 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. 5.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 5.6 Requirements for dead-end fire apparatus access roads that are between 500’-750’ in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39- feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750’ in Meridian City Council Meeting Agenda August 21, 2018 – Page 863 of 902 Fairbourne Subdivision H-2018-0052 Page 23 of 26 length per International Fire Code Table D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 5.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 5.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 5.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all- weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 5.10 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). 5.11 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 IFC 503.4.1. 5.12 As set forth in International Fire Code Section D103.3, the Fire Department is opposed to any landscape island in the middle of a cul de sac that may prevent a fire truck from turning around on the end of the court. 5.13 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 are wrench activated or an approved equal. 5. REPUBLIC SERVICES 5.1 Republic Services wants to ensure that the garbage totes get to the curb for pickup. 6. PARKS DEPARTMENT 6.1 Parks Department has no comments. 7. ADA COUNTY HIGHWAY DISTRICT AT THE TIME OF THIS STAFF REPORT A STAFF REPORT FROM ACHD HAD NOT BEEN RECEIVED. 8. IDAHO TRANSPORTATION DEPARTMENT 8.1 This project does not abut the State highway system. 8.2 This development has a completed Traffic Impact Study which has been reviewed and commented on by ITD. A copy of the Review Letter is attached. 8.3 Idaho Code 40-1910 does not allow advertising within the right-of-way of any State highway. 8.4 IDAPA 39.03.60 rules govern advertising along the State highway system. The applicant may contact Justin Pond, Program Manager for ITD’s Headquarters Right-of-Way Section at (208) 334- 8832 for more information. 8.5 ITD objects to the Preliminary plat application due to traffic concerns. ITD will withdraw any objection to the Preliminary plat application once all requirements of the TIS review letter have been addressed with ITD Staff. ITD does not object to the Rezone application and the request to remove the development from an existing development agreement and place in a new, separate agreement for Fairbourne Subdivision Meridian City Council Meeting Agenda August 21, 2018 – Page 864 of 902 Fairbourne Subdivision H-2018-0052 Page 24 of 26 Required Findings from Unified Development Code 1. 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 the rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property to the R-8 and C-C zoning districts consistent with the adjacent Medium Density Residential and Community Commercial land use designations. Therefore, Staff finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). 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 R-8 and C-C zoning districts is generally consistent with the purpose statement of the district. c. The map amendment shall not be materially detrimental to the public heal th, safety, and welfare; Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. 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. b. The annexation (as applicable) is in the best of interest of the City (UDC 11-5B-3.E). Not applicable. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat with 177 building lots is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) Meridian City Council Meeting Agenda August 21, 2018 – Page 865 of 902 Fairbourne Subdivision H-2018-0052 Page 25 of 26 c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Commission is unaware. f. The development preserves significant natural, scenic or historic features. Commission is unaware of any natural, scenic or historic features on this site. Therefore, Commission finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Commission is unaware. Meridian City Council Meeting Agenda August 21, 2018 – Page 866 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number:YJ Project File Number: Item Title: Public Hearing Exchange of City -Owned Real Property for Real Property Exchange Approximately 1,640 Square Feet Of City -Owned Real Property For Approximately 1,958 Square Feet Of Real Property Owned By Woodside Harris Llc At Meridian's Water Well Lot Number 28 Being A Portion Of Lots 16 And 24, Block 1 Of Blackrock Subdivision No. 1 As Shown In Book 96 Of Plats On Pages 12003 Thru 12008, Records Of Ada County, Idaho, And Being Located In The E'/2 Of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho Meeting Notes I TEM SHEET C ouncil Agenda I tem - 8.J . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing to C onsider the E xchange of City-Owned Real Property for Real Property Owned by Woodside Harris L L C C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Notice S ummary B ackup Material 8/17/2018 Record of Survey B ackup Material 8/17/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/3/2018 - 1:49 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 876 of 902 Details and Signatures For Public Hearing Hearing Date: 8/21/2018 Hearing Type: Council Item Number: 9-J Project Name: Public Hearing to Consider the Exchange of City -Owned Real Property for Real Property Owned by Woodside Harris LLC Project No.: - Active: iature Name Address City -State -Zip For Against Neutral I Wish To Testify Sign In Date/Time Freeley X 8/21/2018 9:13:46 PM Go Back To List Export To Excel © 2018 - City of Meridian, Idaho EXHIBIT C SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 24th day of July, 2018, the City Council of the City of Meridian approved Resolution No. 18-2099 declaring the intent of the City to exchange approximately 1,640 square feet of city -owned real property for approximately 1,958 square feet of adjacent real property owned by Woodside Harris, LLC. The parcels in question are a portion of Lots 16 and 24, Block 1 of Blackrock Subdivision No. 1 as shown in Book 96 of Plats on Pages 12003 thru 12008, records of Ada County, Idaho, and being located in the E'/2 of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. The purpose of the proposed exchange is to add usable area to the City's well lot established at that location. 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, August 21st, 2018 for the purpose of considering and approving the proposed real property exchange. For further information, please contact the City Clerks Office at 888-4433. Publish: 3rd day of August, 2018 C.JAY COLES, CITY CLERK RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE 6 of 6 Meridian City Council Meeting Agenda August 21, 2018 – Page 877 of 902 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 5 OF 6 EXHIBIT B Meridian City Council Meeting Agenda July 24, 2018 – Page 156 of 534 Meridian City Council Meeting Agenda August 21, 2018 – Page 878 of 902 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 9K Project File Number: Item Title: Ordinance 18-1789 Conveyance and Exchange of Property Ordinance No. 18-1789: An Ordinance Authorizing The Conveyance And Exchange Of Approximately 1,640 Square Feet Of City -Owned Real Property For Approximately 1,958 Square Feet Of Real Property Owned By Woodside Harris LLC At Meridian's Water Well Lot Number 28 Being A Portion Of Lots 16 And 24, Block 1 Of Blackrock Subdivision No. 1 As Shown In Book 96 Of Plats On Pages 12003 Thru 12008, Records Of Ada County, Idaho, And Being Located In The E 1/z Of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Authorizing The Mayor And City Clerk To Execute And Attest On Behalf Of The City Of Meridian The Deed And Other Documents Necessary To Complete The Transaction; Providing For A Waiver Of The Reading Rules; And Providing An Effective Date Meeting Notes 9 UPROIED I TEM SHEET C ouncil Agenda I tem - 8.K . Presenter: Estimated Time f or P resentation: Title of I tem - Ordinance No. 18-1789: An Ordinance Authorizing T he C onveyance And Exchange Of Approximately 1,640 S quare F eet Of C ity-Owned Real P roperty F or Approximately 1,958 Square F eet Of Real P roperty Owned By Woodside Harris L L C At M eridian’s Water Well Lot Number 28 B eing A P ortion Of L ots 16 And 24, Block 1 Of B lackrock Subdivision No. 1 As S hown In Book 96 Of Plats On P ages 12003 T hru 12008, Records Of Ada C ounty, Idaho, And Being L ocated In T he E ½ Of S ection 32, Township 3 North, Range 1 E ast, Boise M eridian, Ada C ounty, Idaho; Authorizing T he M ayor And C ity C lerk To Execute And Attest On Behalf Of T he City Of M eridian T he D eed And Other D ocuments Necessary To C omplete T he T ransaction; Providing F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate Ordinance f or City Council consideration f ollowing public hearing item regarding land exchange at city well lot 28 on E Taconic Drive C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate L and E xchange Ordinance A uthorizing land trade at City Well lot 28 on E Taconic Drive Ordinance 8/16/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/16/2018 - 3:38 P M L egal.B aird, Ted Approved 8/16/2018 - 5:32 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 879 of 902 Hearing Date: 8/21/2018 Hearing Type: Council Item Number: 9-J Project Name: Public Hearing to Consider the Exchange of City-Owned Real Property for Real Property Owned by Woodside Harris LLC Project Number: - Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time CITY OF MERIDIAN ORDINANCE NO. I R - 6 O J L BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AUTHORIZING THE CONVEYANCE AND EXCHANGE OF APPROXIMATELY 1,640 SQUARE FEET OF CITY -OWNED REAL PROPERTY FOR APPROXIMATELY 1,958 SQUARE FEET OF REAL PROPERTY OWNED BY WOODSIDE HARRIS LLC AT MERIDIAN'S WATER WELL LOT NUMBER 28 BEING A PORTION OF LOTS 16 AND 24, BLOCK I OF BLACKROCK SUBDIVISION NO. 1 AS SHOWN IN BOOK 96 OF PLATS ON PAGES 12003 THRU 12008, RECORDS OF ADA COUNTY, IDAHO, AND BEING LOCATED IN THE E V2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code Section 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that the property be offered for exchange, the City Council may do all things necessary to exchange the city -owned property for real property of equal value pursuant to terms which shall be a matter of public record, pursuant to the procedure set forth in Idaho Code Section 50-1403; and, WHEREAS, the City is receiving a net increase in square feet of real property in the proposed transaction; and, WHEREAS, the resulting Property Boundary Adjustment as depicted in Exhibit B would increase the usable size of the City's well lot; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on August 21St, 2018 and at the conclusion of said hearing, the City Council moved to approve the conveyance, subject to certain terms and conditions, and directed staff to bring forth this Ordinance authorizing the conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed conveyance was held at the August 21St 2018 meeting of the Meridian City Council. ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 1 of 5 Section 2. That the City Council determined after the public hearing that the proposed conveyance is in the City's best interest and that the real property being received in the exchange (Exhibit A-2) is of equal or greater value as compared to the City's trade parcel (Exhibit A-1). Section 3. That the Mayor and City Clerk shall be authorized to execute and attest a real property exchange agreement and standard form warranty deed and any other documents necessary to complete the conveyance authorized by this Ordinance. Section 4. 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 21st day of August, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 21st day of August, 2018. CITY OF MERIDIAN Mayor Ta y e Weerd ATTEST: Qo�P,�ED AUGUST C.Jay oles, Ci lerk01 o� J of ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 2 of 5 ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 3 of 5 EXHIBIT A-1 Legal Description Legal Description Legal Description Legal Description City of Meridian to Woodside Harris LLC Exchange Parcel City of Meridian to Woodside Harris LLC Exchange Parcel City of Meridian to Woodside Harris LLC Exchange Parcel City of Meridian to Woodside Harris LLC Exchange Parcel A parcel being a portion of Lots 16 and 24, Block 1 of Blackrock Subdivision No. 1 as shown in Book 96 of Plats on Pages 12003 thru 12008, records of Ada County, Idaho, and being located in the E ½ of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an Aluminum Cap monument marking the southeast corner of the NE ¼ of said Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE ¼ bears N 0°13’21” E a distance of 2677.54 feet; Thence N 89°21’39” W a distance of 1556.63 feet to a point marking the southeast corner of that parcel shown as Parcel B on Record of Survey No. 9866, records of Ada County, Idaho; Thence S 0°01’24” E along the prolongation of the easterly boundary of said Parcel B a distance of 13.46 feet to a point; Thence leaving said prolongation N 89°40’11” W along the southerly boundary and prolongation of Lot 24 of said Block 1 of Blackrock Subdivision No. 1 a distance of 150.07 feet to the POINT OF BEGINNING; Thence leaving said southerly boundary prolongation S 0°00’49” W a distance of 20.00 feet to a point marking the southerly angle point of the southerly boundary of said Parcel B; Thence N 89°40’11” W along said southerly boundary and the northerly right-of-way of E. Taconic Drive a distance of 82.00 feet to a point marking the southwest corner of said Parcel B and the southeasterly corner of Southern Highlands Subdivision No. 3 as shown in Book 111 of Plats on Pages 16149 thru 16153, records of Ada County, Idaho; Thence N 0°00’49” E along the westerly boundary of said Parcel B and the easterly boundary of said Southern Highlands Subdivision No. 3 a distance of 20.00 feet to a point; Thence leaving said westerly boundary S 89°40’11” E a distance of 82.00 feet to the POINT OF BEGINNING. This parcel contains 1,640 square feet (0.038 acres) and is subject to any easements existing or in use. Meridian City Council Meeting Agenda August 21, 2018 – Page 882 of 902 ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 4 of 5 EXHIBIT A-2 Legal Description Legal Description Legal Description Legal Description Woodside Harris LLC to the City of Meridian Woodside Harris LLC to the City of Meridian Woodside Harris LLC to the City of Meridian Woodside Harris LLC to the City of Meridian -- -- Exchange Parcel Exchange Parcel Exchange Parcel Exchange Parcel A parcel being a portion of Lots 16 and 24, Block 1 of Blackrock Subdivision No. 1 as shown in Book 96 of Plats on Pages 12003 thru 12008, records of Ada County, Idaho, and being located in the E ½ of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an Aluminum Cap monument marking the southeast corner of the NE ¼ of said Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE ¼ bears N 0°13’21” E a distance of 2677.54 feet; Thence N 89°21’39” W a distance of 1556.63 feet to a point marking the southeast corner of that parcel shown as Parcel B on Record of Survey No. 9866, records of Ada County, the POINT OF BEGINNING; Thence S 0°01’24” E along the prolongation of the easterly boundary of said Parcel B a distance of 13.46 feet to a point; Thence leaving said prolongation N 89°40’11” W along the southerly boundary and prolongation of Lot 24 of said Block 1 of Blackrock Subdivision No. 1 a distance of 150.07 feet to a point; Thence leaving said southerly boundary prolongation N 0°00’49” E a distance of 12.63 feet to a point marking the northerly angle point of the southerly boundary of said Parcel B; Thence S 89°59’15” E along said southerly boundary a distance of 150.06 feet to the POINT OF BEGINNING. This parcel contains 1,958 square feet (0.045 acres) and is subject to any easements existing or in use. Meridian City Council Meeting Agenda August 21, 2018 – Page 883 of 902 ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 5 of 5 EXHIBIT B Meridian City Council Meeting Agenda August 21, 2018 – Page 884 of 902 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC, § 50-901(A) CITY OF MERIDIAN ORDINANCE NO, 18-1789 An Ordinance Authorizing The Conveyance And Exchange Of Approximately 1,640 Square Feet Of City -Owned Real Property For Approximately 1,958 Square Feet Of Real Property Owned By Woodside Harris LLC At Meridian's Water Well Lot Number 28 Being A Portion of Lots 16 And 24, Block 1 Of Blackrock Subdivision No. 1 As Shown In Book 96 Of Plats On Pages 12003 Thru 12008, Records Of Ada County, Idaho, And Being Located In The E '/2 Of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Authorizing The Mayor And City Clerk To Execute And Attest On Behalf Of The City Of Meridian The Deed And Other Documents Necessary To Complete The Transaction; 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 publ'cation. 4��QoRpTEDgUG�s! city of Mer'd an may and Council By: C.Jay Coles, City Clerk r, c•��y..r w E IDIAN* SEAL First Reading; R��the TREASV�� Adopted after fir t 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. 18-1789 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 % �' � of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901A (3). DATED this day of August, 018 % William. L.M. Nary City Attorney ORDINANCE SUMMARY FOR THE CONVEYANCE OF REAL PROPERTY EXCHANGE AT WELL LOT 28 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 9L Project File Number: Item Title: Resolution No. 18-2099 MDC Re -Appointment Resolution No. 18-2099: A Resolution Re -Appointing Steve Vlassek to Seat 3 of the Meridian Development Corporation, Re -Appointing Tammy de Weerd to Seat 5 of the Meridian Development Corporation and Re - Appointing Nathan Mueller to Seat 8 of the Meridian Development Corporation Meeting Notes 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 8.L . Presenter: M ayor D eWeerd Estimated Time f or P resentation: 3 minutes Title of I tem - Resolution No. 18-2099: A Resolution Re-Appointing S teve V lassek to S eat 3 of the M eridian Development C orporation, Re-Appointing Tammy de Weerd to Seat 5 of the M eridian Development Corporation and Re-Appointing Nathan M ueller to Seat 8 of the M eridian Development Corporation Mayor's Of f ice: A ppointment of Meridian D evelopment Corporation Board Members C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Resolution Resolution 8/10/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/17/2018 - 12:44 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 885 of 902 CITY OF MERIDIAN RESOLUTION NO. 18 -2 09-5 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING STEVE VLASSEK TO SEAT 3, REAPPOINTING TAMMY DEWEERD TO SEAT 5, AND REAPPOINTING NATHAN MUELLER TO SEAT 8 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code § 50-2704, Meridian City Code § 1-13-4 charges the full City Council with appointment of members to the Board of the Meridian Development Corporation; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to reappoint Steve Vlassek to Seat 3 of the Meridian Development Corporation; WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Tammy de Weerd to Seat 5 of the Meridian Development Corporation; WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Nathan Mueller to Seat 8 of the Meridian Development Corporation; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Steve Vlassek is hereby reappointed to Seat 3 of the Meridian Development Corporation for a term to run from September 1, 2018 through August 31, 2021 Section 2. That Tammy de Weerd is hereby appointed to Seat 5 of the Meridian Development Corporation for a term to run from September 1, 2018 through August 31, 2021; Section 3. That Nathan Mueller is hereby appointed to Seat 8 of the Meridian Development Corporation for a term to run from September 1, 2018 through August 31, 2021; Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 14a' day of August, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 14' day of August, 2018. p,UGU87- I APPROVED:TTEST: r ) Mayor Ta de Weerd U ' L ' moles, CitWlerk RESOLUTION RE -APPOINTING VLASSEK, DEO 61 PLLER TO SEATS 5, 3, AND 8 TO MERIDIAN DEVELOPMENT CORPORATION PA OF 1 City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 10A Project File Number: Sodalicious H-2018-0046 Item Title: Ordinance No. 18-1787 Ordinance No. 18-1787: An Ordinance (H-2018-0046— Sodalicious) For Annexation Of A Parcel Of Land Situated In The Northwest 1/40f The Northeast'/4 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 0.36 Acres Of Land From Rut To C -G (General Retail And Service Commercial) 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 Meeting Notes 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 18-1787: An Ordinance (H-2018-0046– S odalicious) F or Annexation Of A P arcel Of L and S ituated In T he Northwest ¼ Of T he Northeast ¼ Of Section 7, Township 3 North, Range 1 E ast, Boise M eridian, Ada C ounty, Idaho, As D escribed In Attachment “A” And Annexing Certain L ands And Territory, S ituated In Ada C ounty, Idaho, And Adjacent And Contiguous To T he C orporate L imits O f T he C ity Of M eridian As Requested By T he City O f M eridian; Establishing And D etermining T he L and Use Zoning Classification O f 0.36 Acres Of L and F rom Rut To C-G (General Retail And Service C ommercial) Zoning D istrict In T he M eridian C ity Code; P roviding T hat Copies Of T his Ordinance Shall Be Filed With T he Ada C ounty Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax Commission, As Required B y Law; And P roviding F or A Summary Of T he Ordinance; And P roviding F or A Waiver Of T he Reading Rules; And Providing An Effective D ate Annexation ordinanc e for S o d alic io us C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S odalicious Annexation Ordinance Ordinance 8/14/2018 S odalicious Annexation - Exhibit A E xhibit 8/14/2018 S odalicious Annexation - Exhibit B E xhibit 8/14/2018 S odalicious Annexation S ummary Ordinance 8/14/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/14/2018 - 12:38 P M L egal.A lbertson, Michelle Approved 8/16/2018 - 6:39 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 887 of 902 ADA COUNTY RECORDER Christopher D. Rich 2018-079768 BOISE IDAHO Pgs=5 LISA BATT 08/22/2018 02:12 PM CITY OF MERIDIAN, IDAHO NO FEE 11 -19-1 CITY OF MLERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMIER, LITTLE ROBERTS 061111 11MV.110 M Din 10111401 101 N CIA 11 mwamm! 1 �' SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: I 01h & Fairview, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to C -G (General Retail and Service Commercial) zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE - SODALICIOUS (H 2018-0046) Page 1 of 3 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 ofthe County ofAda, 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 ItQ 116i , 2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of Q'UQ 2018. i MAYOR de WEERD ANNEXATION ORDINANCE — SODALICIOUS (H 2018-0046) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this2- I 8, day of CACI u.& , 2018, before me, the undersigned, a Notary Public in and for said State, personallyapp ared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ANNEXATION ORDINANCE — SODALICIOUS (H 2018-0046) Page 3 of 3 ok AQ m Q Wa4- (SEAL)..... NOTARY PUBLIC FOR AHO •'�Z,ENE •••.• RESIDING AT: , da&U-0 � �'1,411(�(,( t()MY COMMISSION EXPIRES:3 •94 -a0 a, -L • pTAR W. , . •, 40UBI,ZG,,� ANNEXATION ORDINANCE — SODALICIOUS (H 2018-0046) Page 3 of 3 Sodalicious – H-2018-0046 – Exhibit A to Ordinance Meridian City Council Meeting Agenda August 21, 2018 – Page 891 of 902 EXHIBIT B Sodalicious – H-2018-0046 – Exhibit B to Ordinance Meridian City Council Meeting Agenda August 21, 2018 – Page 892 of 902 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18-_ S -j PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of a parcel of land situated in the Northwest'/4 of the Northeast'/4 of Section 7, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 0.36 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the —� day of 12018. NUGUSI- a 5 0 Ci of Meri(i n z�� Mayor and C Council By: C.Jay Coles, City Clerk First Reading: r-/ "?/ / '-)0j 0 c�of Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES_X NO Second Reading: Third Reading: ✓ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18- [] 7 -7 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-_0_2 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 day of 2018. William. L.M. Nary City Attorney ORDINANCE SUMMARY - SODALICIOUS (H-2018-0046) City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 10B Project File Number: Compass Charter School H-2018-0048 Item Title: Ordinance No. 18-1788 Ordinance No. 18-1788: An Ordinance (H-2018-0048— Compass Charter School) For Annexation Of A Parcel Of Land Within The Southwest Quarter Of The Southwest Quarter Of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 21.93 Acres Of Land From Rut To Me (Mixed Employment) 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. Meeting Notes R1 APPROVED I TEM SHEET C ouncil Agenda I tem - 9.B . Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 18-1788: An Ordinance (H-2018-0048– C ompass C harter School) F or Annexation Of A P arcel O f L and Within T he Southwest Q uarter Of T he Southwest Quarter Of Section 10, Township 3 North, Range 1 West, B oise M eridian, Ada C ounty, Idaho, As Described In Attachment “A” And Annexing Cer tain L ands And Territory, Situated In Ada C ounty, Idaho, And Adjacent And Contiguous To T he Corporate L imits Of T he C ity Of M eridian As Requested By T he C ity Of M eridian; E stablishing And Determining T he L and Use Zoning Classification Of 21.93 Acres Of Land F rom Rut To M e (M ixed Employment) Zoning District In T he M eridian City Code; P roviding T hat C opies Of T his Ordinance S hall Be F iled With T he Ada County Assessor, T he Ada County Recorder, And T he Idaho State Tax Commission, As Required By L aw; And P roviding F or A S ummary Of T he Ordinance; And Providing F or A Waiver Of T he Reading Rules; And P roviding An Effective D ate. Annexation ordinance for Compass C harter School C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Compass Charter S chool - ordinance Ordinance 8/16/2018 compass C harter School - Exhibit A E xhibit 8/16/2018 compass C harter School - Exhibit B E xhibit 8/16/2018 Compass Charter S chool - S ummary Ordinance 8/16/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/16/2018 - 3:07 P M L egal.A lbertson, Michelle Approved 8/16/2018 - 3:20 P M Meridian City Council Meeting Agenda August 21, 2018 – Page 894 of 902 ADA COUNTY RECORDER Christopher D. Rich 2018-079764 BOISE IDAHO Pgs=6 VICTORIA BAILEY 08/22/2018 02:11 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO.v. BY THE CITY COUNCIL: BE T, BORTN, CAVENER, MILAM, PALER, LITTLE ROBERTS !! !' i ! ! 1 11414W110i UM4141151 • !' 1 !; , ! . • 1 f ;j 0 0 ILI): 17.11191 D1 1 ►1 s! i iillY11'LKliil► ill iIlalCl1Y&Wfla I ' 1'i• ! ! 1� '1• !' SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Sunshine Landscape Inc; Genz State Home Buyers, LLCIA Star Properties, LLC; and Rene A. & Cheryl ,Shoop. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to ME (Mixed Employment) zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property, SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION ORDINANCE — COMPASS CHARTER SCHOOL (H 2018-0048) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2018. ATTEST: C.,ifAY COLM, CITY CLERK MAYO T MY de WEERD AUGUST B ID1AN�A14 W SEAL �e� ANNEXATION ORDINANCE — COMPASS CHARTER SCHOOL (H 2018-0048) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this oq) day of , 2018, before me, the undersigned, a Notary Public in and for said State, personally app red TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. **eggs.,, (SES .1yS - p,R Y • • O- 27 Z 0,assamea NOTARY PUBLIC FO IDAHO RESIDING AT: QV 10 tan aCu-c MY COMMISSION EXPIRES: -92 -otO& )--/ ANNEXATION ORDINANCE — COMPASS CHARTER SCHOOL (H 2018-0048) Page 3 of 3 Compass Charter School – H-2018-0048 Meridian City Council Meeting Agenda August 21, 2018 – Page 898 of 902 Compass Charter School – H-2018-0048 Meridian City Council Meeting Agenda August 21, 2018 – Page 899 of 902 Compass Charter School – H-2018-0048 Meridian City Council Meeting Agenda August 21, 2018 – Page 900 of 902 EXHIBIT B Compass Charter School – H-2018-0048 Meridian City Council Meeting Agenda August 21, 2018 – Page 901 of 902 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18- I PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of a parcel of land within the Southwest Quarter of the Southwest Quarter of Section 10, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 21.93 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 Df _1, 2018. Aucusr C' of Merii n z 1�1'"° i Mayor and City Council CJ ' Lzi By: C.Jay Coles, City Clerk a $�P' Q�� First Reading: U yd l z �� K �FNTER of the �R� Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES_ NO Second Reading: Third Reading: -� STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18- g 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-�Lof 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 21 day of NUQLK4 2018. William. L.M. Nary City Attorney ORDINANCE SUMMARY - COMPASS CHARTER SCHOOL (H-2018-0048) City Council Meeting Regular Meeting Agenda Meeting Date: 8-21-2018 Agenda Item Number: 1 Project File Number: Item Title: Future Meeting Topics Meeting Notes