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2018-08-28 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 28, 2018 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by M ar k B r yan of Har vest C hur ch 4. Adoption of Agenda Adopted 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. B ar aya S ubdivision No. 2 S anitary S ewer & Water M ain E asement B. Ver ado S ubdivision No. 2 P edestrian P athway E asement C. S ettler's C rossing No. 2 - Release of E asement D. F indings of F act, C onclusion of L aw for C reamline P ark (H-2018- 0051) by Volante Investments, LLL P, L ocated at 1480 W. Franklin Rd. E. M aster P athway Agr eement B etween the Nampa and M er idian Irrigation D istrict and the City of M er idian Regar ding C aven Ridge E ast P hase 2 F. P rofessional S er vices Agr eement for M usical Talent for M er idian Ar t Week with S amuel Rodabaugh not-to-exceed $100 G. Agr eement to Accept P ayment in L ieu of Installing S tr eetlights at B ainbridge No. 7 S ubdivision H. Approval of Sole S our ce Purchase for M edeco S ecur ity L ock Upgr ades for multiple Well sites fr om M inuteman Inc., a supplier for M edeco P adlocks. I. Task O rder #10925.b: M aster Agreement F or P rofessional S ervices B etween City O f M eridian (Owner) And S afebuilt, L lc (Commer cial & Residential B uilding Plan Review, E ner gy P lan Review, Accessibility P lan Review, S tr uctur al P lan Review & S tructur al C alculation Review, And Electr ical P lan Review S er vice P rovider) Not-to-E xceed $700,000 J. Task O rder #10927.a: M aster Agr eement for P rofessional S er vices B etween City of M eridian (O wner) and G eotek, Inc. (Commer cial and Residential B uilding Inspections S ervice P r ovider) Not-to- E xceed $700,000 K. AP I nvoices for P ayment 8/29/18 - $461,947.62 7. Items M oved F rom T he C onsent Agenda [Action Item] 8. 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 if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. The City 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 Ci ty Council and pursuant to Idaho Code does not vote on public hearing i tems, unless to break a tie vote. A. F uller P ark T r ansfer from Wester n Ada Recr eation D istrict (WARD ) V acated from agenda B. Recommend Approval of Request for a P lastics Processing F ee to be Added to the Residential and C ommercial S ections of the S olid Waste Rate Table C. Request for Reconsideration of D ecision for E ntrata F ar ms (H- 2018-0032) by J ames Doolin, F I G Village at P ar kside, LLC Request denied D. P ublic Hearing for 750 E . Ustick (H-2018-0061) by Zina D enny located at 750 and 772 E . Ustick Rd. Approved 1. R equest: A nnexation and Zoning of 1.647 Ac res of L and with an R - 2 Z oning D istrict E. P ublic Hearing for S tonemont S ubdivision (H-2018-0078) by S undance Investments, LLLP, L ocated at 3520 E. O verland Rd. Approved 1. R equest: S hort P lat consisting of 3 commercial lots on 7.95 acres of land in the existing C -G zoning district; and 2. R equest: C ity C ouncil Review to eliminate the requirement to enter in to a development agreement as required with the approval of L angley A ssociates 9. D epar tment Reports A. E conomic D evelopment Annual Report B. Update on F ire S tation #6 10. O rdinances A. O rdinance No. 18-1774A: An Amended O rdinance (H-2018-0006– F ast E ddy’s) F or Annexation O f A P arcel O f L and B eing A P or tion O f L ot 2, B lock 1 O f J asmine Acres S ubdivision (B ook 59 Of P lats At P ages 5,829 T hr ough 5,830, Records O f Ada C ounty, Idaho) And A P or tion Of Unplatted L ands, S ituated In T he Nor theast ¼ Of T he S outheast ¼ O f S ection 32 And T he Northwest ¼ O f T he S outhwest ¼ O f S ection 33, Township 4 North, Range 1 E ast, B oise M eridian, Ada County, Idaho, As D escribed In Attachment “A” And Annexing C er tain L ands And Territory, S ituated In Ada County, Idaho, And Adjacent And Contiguous To T he C orporate L imits O f T he C ity O f M eridian As Requested B y T he City Of M eridian; E stablishing And D eter mining T he L and Use Zoning Classification O f 1.862 Acr es O f L and F rom Rut To C -G (General Retail And S ervice C ommer cial) Zoning D istrict In T he M eridian City C ode; Providing 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 County Recor der, And T he Idaho S tate Tax C ommission, As Requir ed B y L aw; And P roviding F or A S ummary O f T he O r dinance; And P roviding F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate. Approved 11. F uture M eeting Topics Adjourned at 7:51pm 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 - MDC Joint Meeting August 28, 2018. A joint meeting of the Meridian City Council and Meridian Development Corporation was called to order at 4:00 p.m., Tuesday, August 28, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer, Anne Little Roberts and Treg Bernt. Board Members Present: Dave Winder, Dan Basalone, Nathan Mueller, Keith Bird, Tammy de Weerd, Rob McCarvel, Rick Ritter, Diane Bevan and Steve Vlassek. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener __X_ Mayor Tammy de Weerd De Weed: Well, good afternoon. I would like to welcome you to our City Council joint meeting with the MDC Corporation or Meridian Development Corporation. We will go ahead and start with roll call attendance. For the record it is Tuesday, August 28th. It's 4:00 o'clock. Meridian Development Corporation Board __X__ Dan Basalone __X__ Rob McCarvel __X__ Nathan Mueller __X__ Rick Ritter __X__ Keith Bird __X__ Diane Bevan __X__ Tammy de Weerd __X__ Steve Vlassek __X__ Dave Winder – Chairman Item 2: Adoption of the Agenda. De Weerd: Thank you. Item No. 2 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we adopt the agenda as published. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. Meridian City Council Meeting Agenda October 2, 2018 – Page 6 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 2 of 18 MOTION CARRIED: ALL AYES. Item 3: Presentation and Discussion of Old Meridian City Hall Proposals. De Weerd: Item 3 is a presentation and discussion of the Meridian city hall proposal. I will start with comments from Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council and Members of the Commission. After last week's meeting we had a meeting, myself, my office, Mr. Ariel from Community Development, Mr. Lakey and Ms. Squyres from MDC to talk about tonight's format and, then, we did communicate that to the presenter. Trying to be fair to the process we did advise the presenter for today that they would have the same time period that the other presenter had, approximately 15 minutes with questions, as last week's presentation was. We asked them to confine themselves to that, as well as to make sure their presentation is related to the proposal as presented to the committee and not to stray outside of what has already been submitted as their RFP. They understood that. They advised me what -- what they intended to present and that's -- from what he's told me -- Mr. Robinett is who I spoke with -- that was what the committee had reviewed, so was comfortable with that, but I just wanted to let you know that was the conversation we had prior today. De Weerd: Okay. Thank you, Mr. Nary. Any questions before we ask for a presentation? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just before we jump into presentation, I just need to make a quick disclosure. Last Tuesday night after our City Council meeting a representative of the November Whiskey project had messaged me on the Facebook to gain some greater clarification as to my thought process related to yesterday -- or last week's decision. I informed that representative that I thought it would be best that we wait to talk about my thought process until after the full conversation had been answered and a decision been rendered by the City Council. He agreed and was not trying to influence the process at all, but after speaking with Mr. Nary thought it was important to shine a light on that on the public record before we begin that process so that everyone here could be aware of that. De Weerd: Okay. Thank you. Okay. If there is nothing further, I would ask -- Mr. Robinette, are you making -- okay. Good afternoon. If you will, please, state your name and address for the record. Pape: Sure. Dean Pape, 4176 North Hackberry in Boise, Idaho. Yes. Stand here with me. Sheldon: And I'm Tom Sheldon from GGLO Architects. Seattle, Washington. Meridian City Council Meeting Agenda October 2, 2018 – Page 7 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 3 of 18 Pape: So, first of all, we want to thank you guys for the opportunity to do -- try and walk through -- more like run through the presentation that we did submit a couple weeks ago and give you some insights on our thought process through that. In addition to that, I want to thank the MDC and the city and the committee itself who went through the process of looking at all these proposals for the community. From experience I know it's not an easy process and I appreciate the time and energy that everyone put into doing -- working through that. Do I just touch a button or -- space bar. Thank you. Okay. So, quickly, the agenda that we will be working through today is, you know, we will talk about our development team and the background, the vision plan and statement, the design concept and the renderings, the schedule and general public outreach that we are looking for this project and, then, the numbers themselves, both the accounting and the general background of the project. So, our development team is made up of both local, regional, national, international companies. Unlike many developers we feel it's best to figure out what the project needs in that area and, then, build the team around that. With respect to this opportunity, GGLO, Pivot North, GLR Engineers, CK Engineers and Kreizenbeck Contractors were the best additions to our development team. The development team was created with three separate individuals. Myself, Aaron Elton and Shannon -- excuse me -- who bring different experience and different levels, both locally and regionally, with different backgrounds in the finance industry, construction industry, and collaboration of public-private interest -- industry. Excuse me. Public-private partnerships. Tom will expand a little bit more on the future on how GGLO is a perfect partner for this type of project. So, briefly, we used the context of the Destination Downtown vision plan as the basis for our collaboration and our design and those elements that I'm sure that you guys have seen before were key to how we were developing our plan and our collaboration of our community. We want to build on what was a growing vibrant community with a -- with clear goals. It was our focus to realize and outline what was in this document as a major part of what our plans entailed -- include. It was interesting, soon after we submitted our document there was a public -- public community meeting -- workshop? Sorry. Another member actually was able to attend that. Which outlined almost perfectly for what our plan was to entail. A connection with vibrant, livable, envisioning premier community, which we believe that our project will entail to help Meridian move forward. Sheldon: So, I'm Tom Sheldon. I'm a principal at GGLO Architects. We are out of Seattle, although I have been working in the Treasure Valley for about 15 years. GGLO primarily does urban in-fill mixed use projects, just like this one, and we have landscape and interiors and planning, architecture and all of them come together to assist the design of these projects. So, they are very, very complicated. There are about a hundred ways -- probably more than a hundred ways to do these projects wrong and there is maybe two or three ways to do it right and I personally have been doing these for over 30 years all up and down the coast and we are now doing it internationally because of our success. So, all that experience is actually put together in the design that we proposed. Of all the things that we considered there are kind of two things I have pointed out that -- go backwards. That are important here and one is this mixed use development, we want to attract people to the downtown. We want people to stay in the downtown and, of course, live, work, eat, shop, play and the advantage we have is here right next to the City Hall. Meridian City Council Meeting Agenda October 2, 2018 – Page 8 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 4 of 18 So, there is -- so there is the work there and the commuter needs. Also we want to be able to set up a design that plans for the future. So, I'm going to go real quickly on our process, what we do. we analyze the whole neighborhood within a quarter mile or five minute walk. We look at what kind of uses are there, what might be some holes, how we can fill them and, then, we move into the block and we start looking at how it might react to certain -- certain aspects of it. On the corner of Meridian and Idaho we have a great gateway opportunity, the image that you saw on the first page. How you relate to historic buildings there on Idaho and Main and we deal with that and, then, also how would we deal with the City Hall and kind of the synergy we create there. And as you can see the yellow arrows there is about how we can bring people together for parking and uses and office. Quick site plan. What we do is we -- we analyze where people are coming and going. So, on the -- on the -- this year number one is where we are putting kind of a slower quieter use, because that's a -- it's a slower, quieter use -- or street next to the historic building on the corner where number three is. We wanted a gateway and that was one of your components of the RFP is to create a gateway and, then, parking as you see -- we will talk about further -- is integrated in the middle, so you don't see any parking. It's all structured. It's all surrounded by different uses. And, then, number seven is the important one, because we actually have a public parking where people can come and go when you have events in front of your City Hall from your farmers markets to other community events and the advantage of what happens here is we don't take any on-street parking. That's left for the retail, which is very important for your retail to -- to survive. First floor is retail, leasing, residential, office. I will flip through these real quick. On the top of the podium we have private landscaping for the residents who live there, landscaped with amenities, and, then, this is the -- probably the one that you may be concerned about most or wanting more information about and that is we have a garage right in the middle and you can see we lined up the aisles with the existing alley there and so both ends could be open. If we wanted to continue the alley -- alley through. We have -- have about 1.3 stalls per unit right now and we have four per thousand for the office and, then, we have 75 for public. The key to all of this is that all uses are together, they will work together. So, if you need 1.5 for the housing, which is -- which is what your zoning code requires, you can -- you can feed off the office as the office workers go home. So, it's not a single use parking garage and that's what makes this all work. This also sets us up for the future. So, as you build this you can start monitoring how the garage works and where the peaks and valleys are and where you might have too much parking and not enough parking and that's how it affects when you start looking at your next phases. So, we see phase one, how it can kind of attach to the existing structure if -- if these properties became available and you can either add parking or use the existing parking. There is -- we have done many of these in San Francisco and LA where you actually build phase one and monitor how the parking garage works and, then, that informs you how you do phase one or phase two. Of course, we are proposing phase two. Could be where the existing parking lot is there, depending on how the commercial -- or the public parking works. As far as design we -- we really emphasize a timeless design, something that will be around for a while, high quality materials. That was the gateway shot. Here is across from City Hall where you would go into the parking garage with public art, which is important. Office buildings, different uses that complement each other. This is a shot with the historic building you have on the corner and how our Meridian City Council Meeting Agenda October 2, 2018 – Page 9 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 5 of 18 townhomes could work with -- with -- with the existing structure there. And, then, this is the fun part, is how do you create -- possibly the street could be blocked off, you can have community events. There is parking there. Possibly you change the paving patterns in the street. So, that's really quick. Got a few minutes left. This is the -- some of the numbers if you're interested in knowing exactly where they are, but I will leave it to Dean to go over if you have any questions on this. I think next is kind of the numbers; right? Pape: Thank you, Tom. In general what Tom pointed out or -- why we have GGLO as part of our team is they bring in breadth of experience in many communities around the nation -- internationally now working in -- in Canada and in other countries on -- on how these products work and how they are together. So, in regards to the parking, you know, to be successful in the -- in the community for a retailer or an office function, work that's what we are most asking, where is -- where is my parking availability. People looking for office space, that's one of the needs that they are going after and what they are looking for. So, we took that into a great context of not just the success of the first project and what might be needed as you move forward to make this a destination downtown -- people aren't coming down here for the ability to -- not be able to park and retailers are going to need them to park, along with office functions. So, as Tom pointed out, you get an overlap of parking for the evening, just for someone living in the area or a daytime use working in the area and those shoulder times where people come for dinner or evening activities to maximize the use of the parking garage. So, our schedule in general was about three, three and a half years, and a big part of the schedule is really to allow this first year for community involvement. From my background in working in public-private ventures we have found a lot of successes to make sure that you're doing some sort of outreach into the community itself that we are not making the decisions and everyone's board is going to have their own opinion on how that's going to be successful. Perhaps some sort of engagement into the community to better understand what we are going to build is going to fit within that time line, is going to fit within -- excuse me -- with the wants and needs of the community. Not everyone is going to agree, but to get as much information to digest to make sure it's successful at the end of the day. It's going to be extremely important for the community as a whole. So, we are extremely excited -- the possibility to work with the City of Meridian, its residents and business owners, downtown patrons, help make sure that what we build will be successful in the long run. So, the numbers in general, the cost of the project. I think the biggest thing that we want to point out is we are being extremely conservative. Currently right now the up tick of construction and cost right now -- it's about a half percent or six percent a year. So, if you look at a timeline of something starting 12 months or 18 months or 24 months right now, there is quite a percentage up tick. We took that into account and it was very important. We don't want to bring something to the public or to a public agency and say here is where the numbers might be, but they may go up from there and these things could change or we may not be able to success -- excuse me -- successfully find the right financier, which we have the ability, both on the private side and working with local banks of interest, including First Interstate Bank, who is engaged as part of this project being a landowner and wanting to see something happen on their property, along with the surroundings of their property and be involved with the possibility of financing the project. So, I can walk through these line by line if you want to, but I think in general it lays out how we plan to fund the project and the Meridian City Council Meeting Agenda October 2, 2018 – Page 10 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 6 of 18 biggest area of question that we -- we walked through as part of our presentation before was, you know, this MDC purchase and city contribution. So, the city contribution point, the one thing I really want to make sure everyone understands -- this first line, we put a land value of 20 dollars a square foot, which we think is an accountable land value and from my understanding on working public-private ventures, there is probably some sort of accounting function or an appraisal process you have to go through before transferring that property to someone else and that value will have to be considered as part of that. So, we took a conservative approach. It likely may come in higher than this, it may come in lower, but that's the value we put. We used information that you guys have in -- on building permits and system development charges or impact fees to come up with what we feel that would be conservatively on those and we are asking for assistance from the community to help pay for some of the -- the garage purchase broken down on what it would cost to build, hard costs, soft costs, contingency financing and other -- are what we came up with this total dollar amount. Now, 12.3 million dollars is a big ask and we understand that. We are here to work with the group, with the community to find the best solution to do that, so that we can build the best product possible for the long term in the community and there is different ways that that could be done. As part of our prior presentation we weren't -- we weren't going to tell you how that solution is, because we weren't sure, we didn't know how the city or MDC wanted that. We came up with a couple of options, suggested those options, we are happy to talk about those if you guys want to view those today. Mostly is this, can we put a district inside of a district, can we rezone this district for the long-term success of that area. I'm happy to meet with the board and talk about some of those if you would like me to. That was a big question that we had at our original meeting. Am I okay to move forward with this? Okay. So, as a side-by-side comparison -- and will get into some of these deeper numbers and happy to leave some of the documents with you today. So, if you look at a 20 year horizon on this public parking garage, you -- sorry, I can't see under the time limit here. So, your net operating income coming off the parking garages, as we have estimated, is just over ten million dollars. The total TIP income coming off of just this block projected redevelopment is just under seven million dollars and a total cost below that you would actually be above the break even point on this parking garage. My analysis shows right now that a breakeven and actually cash flow coming in from the parking garage and to funding would happen right about year five and, then, I think the bigger portion that needs to be looked at is what's the value given 20 years down the road? What does it look like in 2012? Well, it was just over ten million dollars of value, nine plus of it in the -- in the community ask and the parking garage and almost 900,000 dollars coming in tax increment finance -- or excuse me -- the tax income coming back to the community in the parking revenue coming off of the garage. We go through more breakdown, but we are going to be generally out of time. So, I can leave this last document, which is in regards to, you know, how do you redistrict -- or put a district inside of a district. So, we consulted with Phil Kushlan on this -- on -- in Boise, because we are working on the same process with CCDC. How do you do this inside of a district and we are working through the abilities to do that. But in general here is a breakdown of the way that it can be done. And, again, hopefully be successful there and love to be successful in doing something like that here. It is a process that you would have to go through and the city would have to be on board and MDC would have to be on board to work through that process. Meridian City Council Meeting Agenda October 2, 2018 – Page 11 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 7 of 18 De Weerd: Thank you for your presentation. Mr. Nary, there is flexibility for questions or -- Nary: Madam Mayor, Members of the Council and the Commission, I mean what's been presented, yes, you can ask questions about that. They did talk about this district idea with the committee and the committee did consider that. They didn't have the -- the numbers to go with it, but the committee did discuss this generally. So, anything related to what they presented is certainly fair to ask, but I would be cautious on straying outside of what's been -- what's been presented and what's in their -- what's in their RFP. De Weerd: So, Item 3 is a present -- presentation allow for questions. Item 4 will be more about any direction, action on how best to move forward. Nary: Yes. De Weerd: Is that correct? Nary: Yes. De Weerd: Okay. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Hey, thanks, guys, for -- for coming and presenting to us this afternoon. It's awesome. Appreciate it. I know your time is valuable, so is ours, and so I'm grateful for your time. One question -- I had a couple questions, but one question I had right off the bat -- I noticed in your -- your proposal that some of the buildings that -- that are in your proposal are existing buildings owned by other people, one of which is the bank on the corner right across the street. So, can you explain to us -- are you -- have you spoke to them or -- Pape: Yeah. Bernt: Okay. Pape: Yeah. We have been in communication with First Interstate Bank in regards to their wants and needs and the long-term use of that facility here locally. Currently they don't need the size of building that they have. It has become a very important branch for them, but they don't have the full office functions. They love the idea of a parking structure and the ability to, you know, maybe retool or repurpose that building and have a sister next to it. So, yes, we have been in communication. Meridian City Council Meeting Agenda October 2, 2018 – Page 12 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 8 of 18 Bernt: Thank you. Perfect. Another question I have is in regard to the financing for the parking garage and just help -- help bring some clarity in regard to your -- your big ask, you know, the dollars. And I know there is -- I probably won't be the only one in this body that will -- that will ask that question -- Pape: Sure. Bernt: -- but I'm sure you're fully prepared to answer it no doubt, but as I have -- you know, we received some e-mails, you know, that are on the public record I think, but -- and that everyone's concern is where are we going to get this money. Pape: Right. Bernt: So, if you could clarify that that would be great. Pape: Sure. And -- and, again, as part of our presentation we didn't feel it was -- that we were being asked for was show us how we are going to pay for this and that's why I have added some additional, you know, information for conversation on how that can happen and how that could function. Ultimately, it would be redistricting to put this block inside of its own district and, then, the funding coming off of the parking garage for parking use and the tax funding coming off that would go through MDC would help pay for the parking garage as a whole. So, we are going to go out and bond finance for that, pay for it, and the bond -- bond amounts would get paid back over the life of the district, the new district, with a 20 year term. So, this document that I'm showing here, I have a hard copy that I'm happy to leave with you, but, basically, it shows from year 2020 when the debt service would be taken out as a bond structure or other, would be paid back over that 20 year term and what happens at the end of that term, as I have highlighted in this document, is going forward there is an asset paid free and clear and a cash flow coming off of that of 483,000 dollars. My belief and my understanding is MDC would be giving that to the city at that point or some sort of transaction. Same thing that CCDC is working through with the city of Boise. The additional tax income at that point -- I'm projecting it's just under -- or just over 400,000 dollars. So, the funding structure for this would be a redistricting of that block by itself to help fund the public use -- or the public ownership of the parking garage. Part of that public fund -- or that funding structure would be leases for the office space, leases going back to the residents and, then, you know, transient, when -- when the City of Meridian gets to a point where they want transient parking to start paying for it, this would be the ultimate location where transient parking would end up going to and, then, going out from the parking garage to go to restaurants or retail or office space, depending on -- Bernt: Madam Mayor, follow up? De Weerd: Mr. Bernt. Bernt: So, basically, what you're saying is only those who are involved in -- or have businesses or, you know, the residential portion taxes accrued through that district or from Meridian City Council Meeting Agenda October 2, 2018 – Page 13 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 9 of 18 that would -- only that -- that -- that square block would -- would -- the money accrued or appropriated from that would come on that -- that square block only, not the rest of downtown or Meridian; right? Pape: That's -- that is our assumption. That's what we have put through at this financial analysis. That's correct. De Weerd: Okay. Other questions? Okay. Well, thank you. Pape: Thank you. Appreciate it. Item 4: Consideration and Discussion of Old City Hall Proposals [Action Item]. a. The Pacific Companies & November Whiskey Properties, LLC. b. deChase Miksis De Weerd: Okay. Item 4 is consideration and discussion of the Old City Hall proposal. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: After -- after hearing these -- these two proposals, honestly, I couldn't -- I couldn't be more excited about the downtown corridor, you know, it's -- it's really weird, it's been about a year since I started, you know, talking to residents about the future, what their thoughts were on the -- on the future of Meridian and what they expected Meridian to be in the future and I would have to say other than the -- the conversation about growth, the number two concern that I talked about and I received was about the downtown corridor. So, this excites me, because there is just so many different things that are going to come from this RFP, you know, I believe, that this project -- whichever project is selected will be a catalyst I believe for future growth. I believe there are people -- developers, land owners, who are sitting on the sidelines just waiting for us to make a decision and are excited about this, because they have been waiting for many years in some cases for just something to happen and so that's -- that's what really gets me excited, but it -- but that said, it's important to trust the process and -- and I think that the biggest part for me is that we voted upon a committee and that committee vetted this process and they proposed a project to us based upon, you know, many hours of vetting and I believe that we should stick to the -- excuse me -- to the process and what has been proposed to us from the committee that we voted upon, at least the City Council in the City of Meridian and I believe that waiting, you know, longer than expected would -- would only cause consternation, would only cause confusion and a lack of trust in the process and for future processes going forward. So, if you don't mind, Mayor, I would actually like to make a motion. I would like to make a motion that we -- that we approve the project that was approved -- or was proposed to us by the committee, the steering committee, and that would be the November Whiskey project, along with the Pacific Companies, and I would Meridian City Council Meeting Agenda October 2, 2018 – Page 14 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 10 of 18 also make in that motion that -- that final -- the final transaction or the final transfer of that -- of our piece of property, the old city hall, I would -- I would make that motion that that city hall isn't transferred to MDC until all of the I's are dotted and all the T's are crossed in regard to the partnership of November Whiskey and -- and the Pacific Companies. De Weerd: Okay. I have a motion. Do I have a second? Milam: Second. De Weerd: I have a motion and a second. I anticipate we should have discussion. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Mr. Bernt, I couldn't agree with you more that the process is important. The process, though, I feel wasn't that whatever a committee recommends is automatically accepted. We have many situations throughout the city -- you spent time on Planning and Zoning. Planning and Zoning is a recommending body. The committee was a recommending body. The ultimate decision is left to the elected officials as -- as the whole board here as we sit today. So, it -- it is our responsibility to hear the recommendation and, then, to become as informed as possible ourselves and make the best decision that's going to be in the best interests of those that we represent and so I appreciate, you know, the enthusiasm to make a motion, but I would hope that we would still have a -- not just discussion, but an opportunity to ask some questions about maybe how things might work -- not necessarily of the proposers, but I have some questions for some staff. De Weerd: I think that's appropriate. Mr. Nary, that's -- that follows procedure? Nary: Yes, ma'am. Palmer: Madam Mayor, thank you. So, I -- I guess my first question would be -- so, the -- we got an answer, you know, on how a potential funding mechanism could work for the garage. My question I guess -- I understand we all are anxious to -- to move and -- and have that building built tomorrow. Bill or if anybody else -- maybe MDC -- would anybody know kind of -- be able to outline how that process might work and how long it might take to go through it to -- to potentially redistrict it or create the district in a district -- whatever process that would take to be able to make a bond mechanism happen? Nary: Madam Mayor, Members of the Council and Commission -- and I think Mr. Lakey probably has more on the creation of the district. We went through the creation of a district a couple of years ago with the Ten Mile area and it took not quite a year -- about six months -- six to eight months to do that in that area alone, so -- and that was a defined area. Here you're -- it's a much more complicated process of what we are talking about here. So, I don't know if Mr. Lakey has a thought on timing. Meridian City Council Meeting Agenda October 2, 2018 – Page 15 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 11 of 18 De Weerd: Mr. Lakey. Lakey: Thank you, Madam Mayor and Council Members. I was going to reference the Ten Mile district as well. That's the process to create a district. The concept of creating a district within a district is something unusual. My -- my main concern with that is if we amend our existing plan that resets the baseline for our tax increment date and that, obviously, wouldn't be a good thing for the existing district. If you create a new district, then, it has its own baseline. The one aspect of that as well is if the parking structure is on public -- publicly -- obviously, that's not on the tax rolls and included in any increment revenue, but the steps that Mr. Nary described in Ten Mile where you have to conduct a study and the city ultimately adopts an ordinance to create a new district is the process that you go through. De Weerd: Wouldn't the -- the increment be reset only for the footprint of the district? Lakey: Madam Mayor, my concern is that we are amending the existing plan that we have, because it's within that district that would cause a reset. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Concern that it could or concern that it definitely would? Lakey: Madam Mayor and Council Member Palmer, I can't say that I have done a definitive legal treatise on it. It's -- it's my significant concern I suppose at this point. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I just see a lot of shaking heads behind you, so -- to me, you know, my motivation is -- is I want -- I want -- since we have two proposals I want them both to be options. Up until the last 20 minutes it's been -- this wasn't an option. Now we have this better understanding I feel like it is an option, but we need to be able to understand exactly what -- how that would work and -- and how long that might take, so that we can really make the right decision. I mean if -- if this board wants to just, you know, move forward, you know, with November Whiskey, then, that's what this board can do, but I mean if it -- if it takes -- I mean I nearly got hung last week for saying it, but if it takes another week to be able to do the research to -- to definitively know exactly how that could work and how long that might take to make happen, I -- I think another week would be appropriate to make sure that we know what our real options are, but I would love to hear other councilmen and other board members, their opinions, knowing this new information. Cavener: Madam Mayor? Meridian City Council Meeting Agenda October 2, 2018 – Page 16 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 12 of 18 De Weerd: Mr. Cavener. Cavener: I think it's my understanding that it's not an option based conversation. I think the MDC voted last week to render a decision about the direction that they want to go and now it's just an answer if the City Council agrees with that and wants to accept the RFP from November Whiskey or reject everything and I have -- I have processed that a lot over this week, due to the action of the MDC. They have rendered their decision. They have made their -- their choice and it's just a decision now for the City Council is do we agree with that choice or do we not. I don't think that a week from now or two weeks from now or a month from now -- unless it's the decision of our body that we want to reject all proposals -- that it isn't an either or or conversation, unfortunately. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Bill, Todd, is that the case? If Council were to say, well, we want to go with deChase today, does that mean the RFP is over or could MDC say, okay, we will go with that. Or is it either November Whiskey or not? Because if that was the situation I'm curious why we wasted time having the other presentation. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I think with all due respect I think that that was all of our concerns last week and when -- and this isn't a referendum against deChase I mean at all. You guys have a fantastic project. However, I think that was -- that was certainly my concern last week when -- when we were sitting there and in knowing with the process that we all laid out that we agreed to it -- that -- that why we would hear the other proposal today and so that -- that's actually a really good question, why that was, because it certainly isn't -- doesn't fit within the parameters that were given to us in this process and so I think that's the reason why -- I mean I can't tell you how many different e-mails that we have received from different business owners and land owners downtown, you know, expressing their major concern in regard to trusting the process that's been -- that's been given to us. Trust the process and -- and -- and -- and their desire for a project to be -- to be built. So, I would agree with Councilman Cavener's comments that we have two choices. Honestly, we have two choices. Either we accept November Whiskey's proposal or we scrap -- we scrap it and -- and I think by scrapping the project I think would be an utter devastation to our downtown corridor and I think that there would be -- any prospects of future development would go by the wayside and it would -- it would dramatically affect what we so very want -- much want. So, that -- that would be my -- that would be my comments. De Weerd: Mr. Cavener, did you have a question? Meridian City Council Meeting Agenda October 2, 2018 – Page 17 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 13 of 18 Cavener: No, Madam Mayor. I think Council Member Palmer had a question for Bill Nary or Todd Lakey and I think that -- that wasn't answered. De Weerd: Okay. Mr. Palmer, do you want to restate your question? Palmer: Madam Mayor, yeah. Is that the case? If we as a Council -- which I don't think we should say this today, but if Council we said we are going with deChase, is that -- is that a pointless motion to make? Is it over, the RFP, or is it -- are our options only go with November Whiskey or reject the RFP. De Weerd: Mr. Nary? Nary: So, Madam Mayor, Members of the Council, Council Member Palmer, so Council Member Bernt's right, I mean the MDC board has made a decision and voted for the proposal that was presented last week by November Whiskey. They have no reason or obligation to change that decision unless they wish and I don't know what their process is if at all they can, but they -- so, yes, you're right, if you -- if you want to -- if this Council doesn't want to move forward with that proposal, then, I guess this Council state would be you wouldn't be willing to transfer the property or make it a part of a different project, therefore, this would be dead. There would be no project. So, I don't think there is a way out of that. I mean I think -- unless, again, the parties want to change their mind and do something different, but that's the way I view it now is they have made a decision. If the city doesn't want -- the city has no obligation to transfer the property. So, if that's the decision of the majority of the Council, then -- then the project is over and you're going to have to start back at square one on what do you want to do. De Weerd: Mr. Lakey, maybe just a comment of what are the options for the MDC board. Lakey: Madam Mayor and MDC board, I would, essentially, agree with what Mr. Nary said. The RFP itself clearly states that the decision has to be unanimous, that both sides have to agree to move forward. MDC has made its decision. I suppose they could alter that, but at this point they have -- they have made their decision and they are not required to change it or do anything different. At the end of the day both sides have to be on the same page. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, what I am to understand from that is, obviously, we -- we can't compel MDC, nor would we try to, but if we were to say, okay, we want deChase, then, MDC board can reconsider the decision they made. Lakey: Madam Mayor and Council Member Palmer, I do think MDC has the ability to change their decision or change -- to change their vote. Meridian City Council Meeting Agenda October 2, 2018 – Page 18 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 14 of 18 Palmer: Madam Mayor. That took a long time to get to that. So, it is -- it is still an option. Do we want to consider it as an option and figure out the process as to what this funding mechanism would take or do we want to just go the way of the recommendation? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I don't want to continue with just regurgitating information that I previously -- but I would like to just read, you know, portions of some e-mails that we have received from downtown business owners and land owners, one of which -- first said I have been slow to develop a project patiently waiting to see progress in downtown. I feel the time has come and am particularly encouraged seeing the progress in recent RFP responses. Another quote from another e-mail received. Putting aside this project at this time will severely hinder valuable momentum and opportunity for our downtown. Another -- another gentleman said that it -- it appears that the selection process was -- was ultimately ignored. I could go on and on about the many e-mails that we have received from decision makers and stakeholders in our downtown corridor. I personally believe that going forward and -- and delving outside the process that was put before us would -- would - - would be a dangerous position to be -- to be putting ourselves in. De Weerd: Any further -- we do have a motion on the table. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a question for -- for Mr. Nary. So, should the City Council vote to approve the motion that's before us, the question about the price that the City of Meridian taxpayers will be compensated for that building, is that question already answered because it's included within the proposal or is that -- there has been a lot of confusion about what is -- is the proposal built in concrete or is there lots of flexibility and as it pertains to particularly from my interest, which is the -- the taxpayer owned property, I'm just curious about how that process will play out, if we are agreeing to that price today. Nary: So, Madam Mayor, Members of the Council, Council Member Cavener I would say, no, you're not agreeing to that price today. It is a proposal. So, they have estimated the value of the city hall property and I don't remember the number off the top of my head, 565,000 or something like that. But what's going to happen if -- if this Council agrees to move forward with the first proposer November Whiskey is there will have to be an agreement between the city and MDC in regards to the price. If the city wants some other alternative way to value that property that's something the City Council can decide to do. That's in negotiation with MDC, because MDC -- because MDC is the only party we can transfer the property to for a direct sale. So, if the price goes up or down based on negotiations, that's certainly within the Council's purview. There is -- there is also a public process where the public can weigh in in a public hearing on the transfer as well. But, Meridian City Council Meeting Agenda October 2, 2018 – Page 19 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 15 of 18 no, you're not set on that price. It is just part of the proposal, just as most of the other things are speculation as to what costs were and I think that even came up today. Again, this -- when you're actually going to break ground and what things cost may be slightly different between what is proposed. It is the best estimate on both parties as to what it may cost. But certainly some of it may change, because MDC will, then, have an agreement with November Whiskey and Pacific Properties to construct this project and have more finite detail on that and what it looks like and when this groundbreaking happens and all the other detail that's necessary to build a project. So, there is still more to be done. So, the specifics of the numbers and such certainly can change. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Before I call for the question, I think it's -- it's important -- there has been a lot of -- a lot of commentary from our public and of Council. I feel like there is a bumper sticker going around town that says trust the process. I have heard that so much in the past 72 hours and I think it's important to note that this is part of the process. This is the process. We as a City Council were asked should we get rid of the old city hall building and how can we make that process, again, as public and as transparent as -- as possible. Right? And I think we did that. Now, I think it's important -- we -- Council Member Bernt read some e-mails and there were some that sat with me -- they sat with me all weekend and that was that there was concern from members of our public or of the RFP recommendation committee that the City Council ignored or didn't take into consideration their feedback and for me it's quite the contrary. It is because that committee did such an incredible job of scoring these two applications and scoring them the same, mind you, and bringing a recommendation to us on a split vote, that I thought it was our job to, again, trust the process as Council Member Bernt likes to continue to say, that we do our due diligence when we are disposing of a taxpayer owned asset. This is just a continuation of that. And so I think it is important -- at least for me and I don't -- I rarely try to speak on behalf of the City Council, but on behalf of the City Council if there was a comment that I made or a member of this body made last week that made members of the RFP committee feel like that their opinion wasn't valid or welcomed or appreciated, I sincerely apologize, because, quite frankly, it is because members of the City Council, members of MDC and the public, they did such a great job and were so thorough on this process, that it created a very challenging situation and I'm one that has long supported just selling the building and not going into this muddy mess that we have found ourselves in where members of our public are upset or feeling that we are not listening to them. That's a much cleaner process. But we have chosen to evaluate based on merit and make a recommendation. There is a motion on the table. I think there are still many questions related to how we dispose of old city hall that will still need to be answered, but this is just, again, another step in a long set of process related to the disposal. So, Madam Mayor, I'm happy to call for the question. De Weerd: Okay. Mr. Clerk, will you call roll. Meridian City Council Meeting Agenda October 2, 2018 – Page 20 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 16 of 18 Roll call: Borton, abstain; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: Okay. The motion passes. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSTAIN. De Weerd: And, again, Mr. Nary, I know you just kind of went through a process outlining next steps, but can you, please, go through those one more time. Nary: Certainly, Madam Mayor, Members of the Council and the Commission. So, the next step in the process would be a -- an agreement between MDC and November Whiskey or Pacific Partners on the project and simultaneously would also be an agreement with the city on the transfer of the old city hall property and what the City Council wants as a requirement -- anything in addition to the cost and how do we want to assess the cost and the valuation of that. So, I -- I don't know how quickly all that occurs, but that's the two steps I know we need to have is an agreement with us and MDC and MDC with their proposer. I don't know if Mr. Lakey has any different thoughts or -- you know how lawyers are. De Weerd: Mr. Lakey, any additional steps that weren't discussed? Lakey: No, Madam Mayor. I think Bill described it accurately. We have those two things to pursue, essentially, simultaneously with both bodies. I know there is -- the city isn't party to one agreement, but both bodies I think need to buy off on the terms of both agreements. De Weerd: Thank you. Mr. Mueller. Mueller: I just have a quick comment that I think needs to be said for -- A, for the public that came, because we appreciate you guys being here and, then, also for deChase group that is here. Me and Anne were just discussing this -- the two proposals for a while and one thing we thought was really important is -- I don't think -- I don't want you guys to feel like you -- you just did a presentation and it has no value. Your presentation is very good and the project that you guys want to do in downtown has a lot of potential for downtown. I am on the MDC board that recommended the other project. We did this and my -- I can speak only for myself here. We did it solely based on -- we have had too many projects come and have time kill them in downtown. We have a project that's fully financed that takes taxpayer dollars and nets out in the green by 100,000 dollars and, then, we have one that's going to take six months to potentially even a year to do redistricting and things like that and what me and Anne were talking about is the only thing that I hate about RFP processes -- and I work in the private sector and have to apply for RFPs all the time for IT work -- is it doesn't ever do an accurate -- your guys' proposal was excellent. We like you guys. We would love to work with you guys. In this particular instance downtown needs some action and needs to see it happen quick and they need something that's guaranteed one hundred percent already financed; right? We have at least two other full Meridian City Council Meeting Agenda October 2, 2018 – Page 21 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 17 of 18 city blocks in this downtown district that need development; right? And if it's going to take six months to a year to think about alternatives of redistricting, is it possible to redistrict without hurting our existing district. We can work through that stuff and I -- I don't know if you guys are still interested, but there is always potential for this downtown to actually end up with two projects instead of just one. So, I wanted to make sure this process -- it shouldn't -- I hope that it hasn't alienated you guys. We don't -- we -- we don't have a lot of negative things to say about it, it's just based on what the city -- the city needs, the speed of development, some of the -- some of the price points, the decision was made one way, but we would love to talk to you in the future. I would love to talk -- I would love me -- me and Anne would love to meet with you guys and talk to you about some of the other future potential development sites and what's available. So, I just wanted to make sure that that was known. I think it's worth putting out there. Bernt: Well said. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, there has been a few times when I have really surprised myself in the two and a half years I have been on Council. One is today when I'm advocating for the idea of creating or extending the life of an urban renewal district and advocating -- De Weerd: I wasn't going to say it, but -- Palmer: And -- De Weerd: But it was killing me. Palmer: And wanting to explore the possibility of bonding. To me I equated it more with kind of the STARS program where, you know, upfront money and it's paying for itself kind of thing. But, yeah, stunning myself up here, but on a serious note I -- I really am excited to have a project down here. Either one would have been fantastic -- will be fantastic. I mean, Josh, you and I, long before the RFP process even started -- I ran into you in my parents' store and you were showing me some renderings of -- of the next greatest from your original idea of just a couple properties there and I'm sure you could tell my excitement for -- for making something happen. I apologize if my passion for this city kind of comes out of my mouth wrong and kind of gets me in trouble here and there. It always has. The Mayor can attest to that all the way back into high school when I have said things that I shouldn't or I have worded them in ways -- in ways that I really shouldn't have and so I really hope that we can move forward and have an amazing project next to us. I really hope that we can find another way to get you guys involved in downtown as well, because we all want to see what's best for those that we serve and -- and make money in the process. America is awesome. So, let's make it happen. Bernt: Well said. Meridian City Council Meeting Agenda October 2, 2018 – Page 22 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 18 of 18 De Weerd: Well, thank you, Commissioner Mueller and Councilman Palmer. We have two great proposals and we are excited to move forward, but we are excited to continue to have conversations, because there is a lot of opportunity and both these projects were very exciting for downtown -- that we have been waiting for that vision and the reality to -- to happen. So, this is the beginning of conversations, just as it's the beginning of an exciting project for downtown. One of many we hope to come. So, thank you for your time and thank you for sharing a little bit more and helping us to get our arms around being a conservative community, listening to a district on top of a district and public debt and it started to get a little bit frightening and, yes, I -- I respect Councilman Palmer's statements and that I didn't have to make them for him. So, thank you all for coming here. It is the beginning of public comment that will -- that will happen and we will make sure to outline next steps and when -- when those comments are part of that process as Mr. Nary outlined. MDC any -- any comments? Council, anything further? If not I would entertain a motion to adjourn. Cavener: So moved. Milam: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: MDC, do you want to also make a similar motion? Bird: So moved. Basalone: Second. De Weerd: All those in favor. Be enthusiastic. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 4:55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10, MAYOR.�� Y DE EERD LLv DATE APPROVED ATTEST. ( C. JAY COL , CITY C RK O J ..J J /ITER of the City Council Meeting Regular Meeting Agenda Meeting Date: August 28, 2018 Agenda Item Number: 5 Project File Number: Item Title: Future Meeting Topics 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 fol I owi ng the meeting. Meeting Notes Hearing Date: 8/28/2018 Item Number: 5 Hearing Type: Public Forum Signature Name Discussion Topic Sign In Date/Time City Council Meeting Regular Meeting Agenda Meeting Date: August 28, 2018 Agenda Item Number: 6 A Project File Number: Item Title: Baraya Subdivision No. 2 Sanitary Sewer and Water Main Easement. Meeting Notes I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Estimated Time f or P resentation: Title of I tem - B araya Subdivision No. 2 S anitary Sewer & Water M ain E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S ewer and Water E asement No. C-3 E xhibit 8/22/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/24/2018 - 10:53 A M Meridian City Council Meeting Agenda August 28, 2018 – Page 5 of 244 ADA COUNTY RECORDER Christopher D. Rich 2018-081818 BOISE IDAHO Pgs=6 CHE FOWLER 08/29/2018 10:35 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name LSubdivislon): I SauttarvSe cr(Iwater MniiiEasement Nuiiibet-, Identify this &tscnient by sequential nanibar ifProjcct contains 111orc than one cascinclit ordlis type. ( SecInstructions for additional information). SANITARY SEWER AND WATER MAIN EASE, MENT Le�+s CIO I -F Ltr— THIS Easement Agreement, made this .!Zrday of,4q,3y&f 2019 between ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitai-y 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 frorn time to time by the Grantee, NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: 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 maldng repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking Stich repair's and maintenance. However, Grantee shall not be responsible for repairing, replacing of 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 8 , 2 0 1 8 – P a g e 7 o f 2 4 4 - P�vuSr' GRANTEE: CITY OF MERIDIAN Tammy eerd, Mayor SPL J R of thetR�PS Atter y C.Jayof s, City Clerk STATE OF IDAHO, ) 55. County of Ada ) This record was acknowledged before me on 2 22 -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) $6,00 o•._ 0 --cera *V W4 ZJUD Notary Signature -M i��10 My Commission Expires: A -ag -ao a a Sanitary Sewer and Water Main Easement REV. 03/26/2018 Bamyca_ 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 8 , 2 0 1 8 – P a g e 9 o f 2 4 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 8 , 2 0 1 8 – P a g e 1 0 o f 2 4 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 8 , 2 0 1 8 – P a g e 1 1 o f 2 4 4 City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 6B Project File Number: Item Title: Verado Subdivision No. 2 Verado Subdivision No. 2 Pedestrian Pathway Easement Meeting Notes: uy APPROIED I TEM SHEET C ouncil Agenda I tem - 5.B . Presenter: Estimated Time f or P resentation: Title of I tem - Verado Subdivision No. 2 P edestrian P athway Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 8/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/24/2018 - 10:52 A M Meridian City Council Meeting Agenda August 28, 2018 – Page 12 of 244 ADA COUNTY RECORDER Christopher D. Rich 2018-081831 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/29/2018 10:44 AM CITY OF MERIDIAN, IDAHO NO FEE j!0ject Nnme &bdivislon): -2-1 Ve—cak. 5 tA 140 THIS AGREEMENT, made this 1.0 day of 20 ff, between It( C hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; LTZM-M�� WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "N' and depleted on Exhibit "B" attached hereto and incorporated heroin, THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the, Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 03/26/18 Meridian City Council Meeting Agenda August 28, 2018 – Page 14 of 244 GRANTEE: CITY OF MERIDIAN �P�Ec AucusT v w F,j "ID41A SEAL LU i) Approved By City Council On:�j STATE OF IDAHO ss County of Ada On this a B day of , 20, before me, the undersigned, a Notary Public in and for said State, pers ally appeared TAMMY DE WEERD and C.JAY COLES known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �hd'kblu Wq� •.•�••••••.. NOTARY PUBLIC FOR IDAHO .••• tswResiding at: , 461&& Y '; Commission Expires: 3 'o1g 'o1U A'2 ,O :! . q Sg •: •••• `I'A`l - ..• Meridian City Council Meeting Agenda August 28, 2018 – Page 15 of 244 Meridian City Council Meeting Agenda August 28, 2018 – Page 16 of 244 Meridian City Council Meeting Agenda August 28, 2018 – Page 17 of 244 City Council Meeting Regular Meeting Agenda Meeting Date: August 28, 2018 Agenda Item Number: 6 C Project File Number: Item Title: Settler's Crossing No. 2 Release of Easement. Meeting Notes u✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 5.C. Presenter: Estimated Time f or P resentation: Title of I tem - Settler's Crossing No. 2 - Release of E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Release of Easement Cover Memo 8/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/24/2018 - 10:53 A M Meridian City Council Meeting Agenda August 28, 2018 – Page 18 of 244 ADA COUNTY RECORDER Christopher D. Rich 2018-081825 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/29/2018 10:40 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: WATER LINE AND WATER METER GRANTEE: CITY OF MERIDIAN GRANTOR: SETTLERS CROSSING LLC, AND ITS SUCCESSORS AND ASSIGNS WHEREAS, by easement dated December 11th, 2006, and recorded as Instrument Number 107008142 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above - captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the continuance of certain portions of this easement are no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the portions of said rights and easements as set forth and legally described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 28 day of AU3LS+—' 2018. CITY OF MERIDIAN"--,- F_D AUG OIL;, Ru wa0 By Tam Citv of ry eerd, Mayor C��(IEIR�'ID ,!I A NV 1- - IDAHO ATTEST �0 SEAL Chav Cold�-titv CIji`k- ro_� STATE OF IDAHO ss County of Ada Lt On this _2B" day of 2018; before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me. that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 0-hNiJAM Ljm�-�n Notary Public fo Idaho 0 S.. To I Residing at: �M� Commission expires: - Meridian City Council Meeting Agenda August 28, 2018 – Page 20 of 244 Meridian City Council Meeting Agenda August 28, 2018 – Page 21 of 244 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 8 , 2 0 1 8 – P a g e 2 2 o f 2 4 4 C T - O E N G I N E E R S . T H I S I N S T R U M E N T I S T H E P R O P E R T Y O F T - O E N G I N E E R S . A N Y R E P R O D U C T I O N , R E U S E O R M O D I F I C A T I O N O F T H I S I N S T R U M E N T O R I T S C O N T E N T S W I T H O U T S P E C I F I C W R I T T E N P E R M I S S I O N O F T - O E N G I N E E R S I S S T R I C T L Y P R O H I B I T E D . E-FILE:DATE:JOB: 2471 S. TITANIUM PLACE MERIDIAN, IDAHO 83642-6703 FAX: (208) 323-2399PHONE: (208) 323-228820 1 8 H: \ 1 8 0 2 2 0 \ 3 _ A c a d d w g \ S u r v e y \ 2 _ B o u n d a r y \ 1 8 0 2 2 0 - V - E A S E M E N T E X H I B I T . d w g , 8/ 9 / 2 0 1 8 1 1 : 0 0 : 0 9 A M , An d r e w P o e , DW G T o P D F . p c 3 180220AUG. 2018180220-V-EASEMENT EXHIBIT.DWG LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2018 EXHIBIT "B" Meridian City Council Meeting Agenda August 28, 2018 – Page 23 of 244 City Council Meeting Regular Meeting Agenda Meeting Date: August 28, 2018 Agenda Item Number: 6 D Project File Number: H-2018-0051 Item Title: Creamline Park — Findings of Fact Findings of Fact, Conclusion of Law for Creamline Park (H-2018-0051) by Volante Investments, LLLP, Located at 1480 W. Franklin Rd. Meeting Notes u✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 5.D. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusion of L aw for C reamline P ark (H-2018-0051) by Volante Investments, L L L P, L ocated at 1480 W. F ranklin Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 8/23/2018 E xhibit A E xhibit 8/23/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/24/2018 - 12:19 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 24 of 244 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0051 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 8.06 Acres of Land from Mixed Use – Community to Industrial; and, Rezone of 8.74 Acres of Land from the C-G to the I-L Zoning District, by Volante Investments, LLLP. Case No(s). H-2018-0051 For the City Council Hearing Date of: August 21, 2018 (Findings on August 28, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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 28, 2018 – Page 25 of 244 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0051 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 21, 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 an amendment to the Future Land Use Map in the Comprehensive Plan and Rezone is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 21, 2018, attached as Exhibit A. D. 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. E. Attached: Staff Report for the hearing date of August 21, 2018 Meridian City Council Meeting Agenda August 28, 2018 – Page 26 of 244 By action of the City Council at its regular meeting held on the day of a , 2018. 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) Mayor' Attest: ZVI C.J y Coles City Clerk Weerd &c uy ur E w IDIAN*- IDAHO SEAL/ VOTED /`'"I VOTED VOTED \yn VOTED ye4 VOTED Y6� VOTED VOTED —� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:OMA"�7 Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0051 - 3 - 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 The Meridian City Council heard these items on August 21, 2018. At the public hearing, the Council approved the subject CPAM and RZ requests. a. Summary of City Council Public Hearing: i. In favor: Ron Van Auker Jr. ii. In opposition: Steve Berardinelli; Nick Eller iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen EXHIBIT A Meridian City Council Meeting Agenda August 28, 2018 – Page 28 of 244 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 2 vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Objection to Industrial designation/zoning/uses across the street from single-family residential uses. c. Key Issues of Discussion by Council: i. The appropriateness of Industrial uses along the frontage of W. Franklin Rd. and adjacent to residential uses across the street on the south side of W. Franklin Rd. 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- 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: (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. Meridian City Council Meeting Agenda August 28, 2018 – Page 29 of 244 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 3 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). 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: Meridian City Council Meeting Agenda August 28, 2018 – Page 30 of 244 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 4 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. 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 Meridian City Council Meeting Agenda August 28, 2018 – Page 31 of 244 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 5 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. 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: Meridian City Council Meeting Agenda August 28, 2018 – Page 32 of 244 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 6 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. 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 28, 2018 – Page 33 of 244 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 7 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda August 28, 2018 – Page 34 of 244 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 8 Exhibit A.2: Existing & Proposed Future Land Use Map Meridian City Council Meeting Agenda August 28, 2018 – Page 35 of 244 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 28, 2018 – Page 36 of 244 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 10 Meridian City Council Meeting Agenda August 28, 2018 – Page 37 of 244 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 28, 2018 – Page 38 of 244 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 City 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. The City Council 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 City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment will be compatible with adjacent existing and future industrial and commercial uses. f. The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment will not burden existing and planned service capabilities in this area of the city. Sewer and water services 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 City Council 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 28, 2018 – Page 39 of 244 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 City Council 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 City Council 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 City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable as the request is for a rezone, not annexation. Meridian City Council Meeting Agenda August 28, 2018 – Page 40 of 244 City Council Meeting Regular Meeting Agenda Meeting Date: August 28, 2018 Agenda Item Number: 6 E Project File Number: Item Title: Caven Ridge East Phase 2 — Master Pathway Agreement Master Pathway Agreement between the Nampa and Meridian Irrigation District and the City of Meridian Regarding Caven Ridge East Phase 2 Meeting Notes U✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 5.E . Presenter: Kim Warren, M P R P arks & P athways P roject M anager Estimated Time f or P resentation: 1 minute Title of I tem - M aster Pathway Agreement B etween the Nampa and M eridian Irrigation D istrict and the C ity of M eridian Regarding Caven Ridge E ast Phase 2 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate NMI D Master P athway Agreement - C aven R idge E ast P hase 2 A greements / C ontracts 8/20/2018 RE V I E WE RS : Department Reviewer Action D ate P arks and Recreation J ohnson, Chris Approved 8/20/2018 - 3:45 P M P arks and Recreation B aird, Ted Approved 8/23/2018 - 2:19 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 41 of 244 ADA COUNTY RECORDER Christopher D Rich 2018-084086 BOISE IDAHO Pgs=9 VICTORIA BAILEY 09105120111 12:35 PM NAMPA & MERIDIAN IRRIGATION NO FEE II III I IIII I II I II 11111111111111111111111111 IIII III 00538841201800840880090096 AGRf=EMFNI AGREEMEN 1, made and enlererd into this day of , 2018, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation di. tris, organized and existing under and by virtue ofthe laws of the State of Idaho, hereinafter rel'arred to as the "District," and 11IF: C11 Y OF MERIDIAN, a political subdivision and municipality ol'the State of ldallo h reinalter reli rred to as the "city,,, WHEREAS. lire parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathwa)s for public use along and across some ol'the District's ditches and within some of tile District's casements and lee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada Comm, Idalla, hereinalter referred tons 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 N 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, WHERL-AS, the District brant% to the Cit- the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therellor upon the terms and conditions ofsaid Master Pathway Agreement and after the execution ofan agreement foreach proposed crossing and encroachment: and, WHEREAS, the City is the owner of the real property casement 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 hercof; and, W1 1JERLAS. the District controls the irrigation/drainage ditch or canal known as the RIDENSAUGH CANAL (hereinafter referred to as "ditch or canal") together with the real property and/or easements to o:on►cy irrigation and drainage ~Yater. to operate and maintain the ditch or canal, and which crosses and intersects said described real property ul'the Cityas shown on Lxhibit B attached hereto and by this reference made it pert hereof; and, AGR[ ENIENT - Page I WI IL:REAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's easement fear the Ridenbaugh Canal under the terms and conditions of said Master pathway Agreement and those hereinafter set Forth, NOW, THERE FORE. forand in consideration ofthe premises and ofthe covenants, agreements and conditions hereinafter set forth and those set forth in said Master pathway Agreement, the parties hereto agree as follows: I , The City may construct, operate, maintain and repair a 10 fbot .vide pathway within the District's real propert) and -or easement liar the Ridenbaugh Canal on (lie west side of the Ridenbaugh Canal in Coven Ridge Estates East No. 2 Subdivision, located southeast ofthe intersection of Victory Road and Meridian Road in Meridian. Ada Count,,. Idaho 3 Anj 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 me permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour atter sunset. 4 The parties hereto incorporate in and matte 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. I he LOV=niS, conditions and agreements [ rein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands ofthe City described in said Exhibit A, and shall he binding can each orthe parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hercol'shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WI 11:RI OF, 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 mime to be subscribed and its seal to be affixed thereto, all as of'the day and year herein first above written. NAMPA & ,MERIDIAN IRRIGATION DISTRICT OFFICIA�5 0 ZeeL ' IV` Its Pres I ident A'11 CS I Its Secretary AGRLEMCN r - Page 2 0 citV off WF CITY OF MERIDIAN E ' IAN IaAaa SEAL v a� f,��TFR or the 7R����� ATTEST: I STATE Of IDAHO 1 ss: County of Canyon ) On this —q— day oi5nbir—, 2018, belbre 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 tite foregoing instrument and acknowledged to me that such irrigation district executed the same. IN W ITNFSS WI IERLOI . I have hereunto set my hand and affixed my official sea[, the day andyear in this certificate first alio► ``,'`�kipt.l� �,r,•......... e • . m: �-A Notary Public for [daft❑ Residing at Idaho r, : Z My Commission Expires:13-ADir pt1gL� STATE OP IDA11O ) '�i�'�•'''••......•••'�•Q'r�. County of Ada ) 0i,�i Etpf On this day of . 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared'�n���� and _��'t2� , known to me to be th and ('�pXj� , respectively, of The CITY OF MERIDIAN, the entity that e ' cured the lore1; ntstrum t and acknowledged to me that such entity executed the same. IN WITNESS W I I ERE01. , I have hereunto set my hand and affixed my official seal, the day and year in this certificate lust above %%riven. E 9, . :•'+�ARp • ,p PC14ti.'�' ���•• AGREE" C'm0fou Wa J Notary Public for. Residing; at , My Commission Expires: 8 -AR PL 0-a 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 8 , 2 0 1 8 – P a g e 4 5 o f 2 4 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 8 , 2 0 1 8 – P a g e 4 6 o f 2 4 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 8 , 2 0 1 8 – P a g e 4 7 o f 2 4 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 8 , 2 0 1 8 – P a g e 4 8 o f 2 4 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 8 , 2 0 1 8 – P a g e 4 9 o f 2 4 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 8 , 2 0 1 8 – P a g e 5 0 o f 2 4 4 City Council Meeting Regular Meeting Agenda Meeting Date: August 28, 2018 Agenda Item Number: 6 F Project File Number: Item Title: Professional Services Agreement — Musical Talent Professional Services Agreement for Musical Talent for Meridian Art Week with Samuel Rodabaugh not -to -exceed $100 Meeting Notes PROOD I TEM SHEET C ouncil Agenda I tem - 5.F. Presenter: Hillary Bodnar Estimated Time f or P resentation: 0 Title of I tem - Professional S ervices Agreement for M usical Talent for M eridian Art Week with Samuel Rodabaugh not-to-exceed $100 Young artist, Samuel R odabaugh aka S amuel Henry, will play live music for Meridian Art Week on F riday, September 7 at Generations P laza. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P S A Rodabaugh A greements / C ontracts 8/21/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.B aird, Ted Approved 8/23/2018 - 2:19 P M Clerk.Watts, K eith Approved 8/24/2018 - 3:16 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 51 of 244 Meridian City Council Meeting Agenda August 28, 2018 – Page 52 of 244 Meridian City Council Meeting Agenda August 28, 2018 – Page 53 of 244 Meridian City Council Meeting Agenda August 28, 2018 – Page 54 of 244 L. 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. M. 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. N. 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. O. 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. P. 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, addressed as follows: QW. Artist: City Clerk Samuel Rodabaugh City of Meridian 368 N Eagle kd. 33 E. Broadway Avenue Eagle, ID 83616 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Q. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Samuel Rodabaugh CITU City of w E IDIS 1AN�- 1DAHO SEAL` IfAttest: C y Coles, ity Clerk PROFESSIONAL SERVICES AGREEMENT — SAMUEL RODAEAUGH, MERIDIAN ART WEEK PAGE 4 of 4 City Council Meeting Regular Meeting Agenda Meeting Date: August 28, 2018 Agenda Item Number: 6 G Project File Number: Item Title: Payment in Lieu of Installing Streetlights Agreement to Accept Payment in Lieu of Installing Streetlights at Bainbridge No. 7 Subdivision Meeting Notes L✓i APPROVED I TEM SHEET C ouncil Agenda I tem - 5.G. Presenter: Consent Estimated Time f or P resentation: Consent Title of I tem - Agreement to Accept P ayment in L ieu of Installing Str eetlights at Bainbridge No. 7 Subdivision Pursuant to the attached agreement, the C ity will accept the estimated amount, $29,925.00, required to install three street lights from B righton D evelopment, I nc., and use these f unds to install the lights with the upcoming roadway widening project. Brighton D evelopment, I nc. is in favor of this solution and has signed the attached agreement. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P W Memo Cover Memo 8/21/2018 P W A greement Cover Memo 8/21/2018 RE V I E WE RS : Department Reviewer Action D ate P ublic Works.J ohnson, Chris Approved 8/21/2018 - 6:54 P M P ublic Works.B aird, Ted Approved 8/23/2018 - 2:13 P M P ublic Works.Cunningham, R eta Approved 8/23/2018 - 7:00 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 56 of 244 Mayor Tammy de Weerd City Council Members Joe Borton Treg Bernt Genesis Milam Luke Cavener Ty Palmer Anne Little Roberts Page 1 of 2 TO: Mayor Tammy de Weerd Members of the City Council FROM: Al Christy – Transportation and Utility Coordinator DATE: 8/21/18 SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT BAINBRIDGE NO. 7 SUBDIVISION REQUESTED COUNCIL DATE: 8/28/18 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Brighton Development, Inc. 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Al Christy, Transportation and Utility Coordinator 489-0352 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 985-1257 III. DESCRIPTION A. Background One of the site specific conditions of approval for the Bainbridge No. 7 Subdivision was to provide sufficient funds for the installation of street lighting along Chinden Blvd. The street lights will be installed with the upcoming roadway widening project. Meridian City Council Meeting Agenda August 28, 2018 – Page 57 of 244 Page 2 of 2 B. Proposed Project Pursuant to the attached agreement, the City will accept the estimated amount, $29,925.00, required to install three street lights from Brighton Development, Inc., and use these funds to install the lights with the upcoming roadway widening project. Brighton Development, Inc. is in favor of this solution and has signed the attached agreement. IV. IMPACT A. Strategic Impact: This agreement is in alignment with the Public Works Department’s Strategic Plan 2010-2015 Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. B. Service/Delivery Impact: This agreement will increase the street lighting along Chinden Blvd. while ensuring that the lights are installed in the appropriate location and will not need to be relocated in the near future. C. Fiscal Impact: Per this agreement the City will receive $29,925.00. This is the estimated amount required to install the three lights along Chinden Blvd. and these funds will be reserved for that specific purpose. V. TIME CONSTRAINTS Council approval of this agreement will allow Brighton Development, Inc. to remit the required funds to the City and receive their Subdivision approval once all other requirements have been met. VI. LIST OF ATTACHMENTS Agreement to Accept Payment in Lieu of Installing Streetlight at Bainbridge No. 7 Subdivision. Approved for Council Agenda: ______________ Meridian City Council Meeting Agenda August 28, 2018 – Page 58 of 244 AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT BAINBRIDGE NO.7 SUBDIVISION THIS AGREEMENT for streetlight installation, made this 13{�,day of August, 2018 between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Brighton Development, Inc., 12601 W. Explorer Dr., Suite 200, Boise, ID 83713 (hereinafter "Brighton"). WHEREAS, Brighton has received from City, conditional approval of the Final Plat for the Bainbridge No. 7 Subdivision, Case No. FP H-2018-0022; and, WHEREAS, One of the Site Specific Conditions of Approval of City's approval of FP H-2018- 0022 is to install street lights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS, Brighton is currently unable to install the required streetlights on Chinden Boulevard in front of the Bainbridge No. 7 Subdivision because Chinden Boulevard has not been built out to its ultimate width; and, WHEREAS, once the Chinden Boulevard is widened, City is willing to install the required streetlights if Brighton has paid to City the estimated amount necessary to install the streetlight. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Brighton shall pay to City the amount of $29,925.00 as the amount necessary to supply and install three (3) type 1 streetlights. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Brighton to install the three (3) streetlights on Chinden Boulevard in front of the Subdivision. 3. Upon payment of the amount in Article 1 by Brighton to City, Brighton's requirement to install the three (3) streetlights on Chinden Boulevard shall be considered satisfied. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by Brighton of Brighton's Property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. Brighton Development, Inc Ok tL By: J tha D. Wardle, President CITY OF MERIDIAN By Tamm erd, Mayor 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 8 , 2 0 1 8 – P a g e 6 0 o f 2 4 4 City Council Meeting Regular Meeting Agenda Meeting Date: August 28, 2018 Agenda Item Number: 6 H Project File Number: Item Title: Sole Source Medeco Security Lock Upgrades Approval of Sole Source Purchase for Medeco Security Lock Upgrades for multiple Well sites from Minuteman Inc., a supplier for Medeco Padlocks. Meeting Notes I TEM SHEET C ouncil Agenda I tem - 5.H. Presenter: Estimated Time f or P resentation: Title of I tem - Approval of S ole S ource Purchase for M edeco Secur ity L ock Upgrades for multiple Well sites from M inuteman Inc., a supplier for M edeco Padlocks. C ouncil Notes: T he S ole Source Not-to-E xceed amount of $100,303.87 is f or both fiscal year 2018 and 2019. $43,215.77 of the Not-to-Exceed amount will be expended in 2018. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 8/13/2018 P urchase Requisition and S ole S ource L etter Cover Memo 8/13/2018 B udget R eport Cover Memo 8/13/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 8/14/2018 - 12:32 P M F inance.B aird, Ted Approved 8/15/2018 - 1:34 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 61 of 244 Page 1 Memo To: C.Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Josh Gabel; Keith Watts Date: 8/13/2018 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 Sole Source Purchase for Medeco Security Lock Upgrades for multiple Well sites from Minuteman Inc., a supplier for Medeco Padlocks. The Not-to-Exceed amount for this equipment upgrade is $100,303.87. Minuteman Inc. is the originating locksmith for the Medeco X4 key control system. Recommended Council Action: Approval of advertisement for Sole Source Purchase in the local paper 14 days prior to purchase and authorize the Purchasing Department to issue a purchase order for the Water Department’s Security Lock Upgrade at the conclusion of the notification period if no objection is received. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda August 28, 2018 – Page 62 of 244 m-„ a o: o::::; nx -� •".....'. Q' C G a (D l/ S PIC CL CD O l/''� ♦ .fl V O 3 CL (�7D O^AN l .Q 0 o C CD (AD � IZ O orEll 4' 'b: /Q: '� Amy_... x.:,::.a F of 0 Vf � • . t CD N G1- WMl S p m y PI p W J N C6*: :: m K c R:.. - m'.'. :.0ZT; o N CA - 00 a ID 'zoo. — o O LA. F a Cao M O � 3 m h :I7 w N Z N 0 a CJ: D O l) 7 € _ m: 'm w^ 00 (n o F W -I O Co O COO W: o o - ' z ' v. � (A CAO W - a a' � m: i �� W 0000 W W . ` L!' pp O O � ��� MOM Ese3r m CJI (JI O O O O �.US a • E `' 4tL � • EA TI 169 f9 <0 Efl 4fl fA fA Efl Efl . `' o a :C N : C_00 t w N • _ 000-4'.=::`:: oaoy::::.:: $ o n= Ou m w IV dap • z (D (fl (fl (0 Z 0 O m �u� m (� 0 j I"1 C ¢ z (D ]_ 3 1 z 00 W (n � (Mj ri- 0 r ,. N I G ED o O > 0 ?. Oc:,::: g ao A O p m y PI p W J N C6*: :: m K c R:.. - m'.'. :.0ZT; o N CA - 00 a ID 'zoo. — o O LA. F a Cao M O � 3 m h :I7 w N Z N 0 a CJ: D O l) 7 € _ m: 'm I Me 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 8 , 2 0 1 8 – P a g e 6 4 o f 2 4 4 Me 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 8 , 2 0 1 8 – P a g e 6 5 o f 2 4 4 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3430 - Water - Production 60 - Enterprise Fund From 10/1/2017 Through 9/30/2018 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 54110 Well Maintenance & Repair 259,500.04 0.00 259,500.04 100.00% 0000 NON-DEPARTMENTAL 0.00 119,126.77 (119,126.77)0.00% 1034...Well 21 Cleaning & Rehabilitation 0.00 24,700.00 (24,700.00)0.00% 10524 Electric Maintenance Fund 0.00 8,036.28 (8,036.28)0.00% 10707 Water Dept SCADA changes 0.00 (2,897.50)2,897.50 0.00% 10744.B FY18 On Call Services for SCADA Support 0.00 5,258.00 (5,258.00)0.00% 10789 Generator Maintenance and Repair 0.00 23,480.00 (23,480.00)0.00% 10899.B FY18 SCADA Services 0.00 32,786.70 (32,786.70)0.00% Total OPERATING COSTS 259,500.04 210,490.25 49,009.79 18.89% TOTAL EXPENDITURES 259,500.04 210,490.25 49,009.79 18.89% Date: 8/13/18 04:06:12 PM Page: 1Meridian City Council Meeting Agenda August 28, 2018 – Page 66 of 244 City Council Meeting Regular Meeting Agenda Meeting Date: August 28, 2018 Agenda Item Number: 61 Project File Number: Item Title: Task Order #10925.b for Professional Services Task Order #10925.b: Master Agreement For Professional Services Between City Of Meridian (Owner) And Safebuilt, Llc (Commercial & Residential Building Plan Review, Energy Plan Review, Accessibility Plan Review, Structural Plan Review & Structural Calculation Review, And Electrical Plan Review Service Provider) Not -to -Exceed $700,000 Meeting Notes L✓i APPROVED I TEM SHEET C ouncil Agenda I tem - 5.I . Presenter: Estimated Time f or P resentation: Title of I tem - Task Order #10925.b: M aster Agreement F or Professional S ervices Between C ity Of M eridian (Owner) And S afebuilt, L lc (C ommercial & Residential Building Plan Review, Energy P lan Review, Accessibility P lan Review, Structural P lan Review & S tructural C alculation Review, And Electrical P lan Review Service Provider) Not-to-E xceed $700,000 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo Cover Memo 8/24/2018 Task Order B ackup Material 8/28/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/24/2018 - 4:33 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 67 of 244 Page 1 Memo To: C.Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Cameron Arial, Brent Bjornson Date: 8/24/2018 Re: August 28th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 28th City Council Consent Agenda for Council’s consideration. Approval of Task Order 10925.b for Professional Services for “Commercial & Residential Building Plan Review, Structural Calculation Review and Electrical Plan Review Services” to SAFEbuilt, LLC., for the Not-To-Exceed amount of $700,000.00. Recommended Council Action: Approval of Task Order 10926.a to Keller Associates, Inc. for the Not-To-Exceed amount of $700,000.00 and also authorize Purchasing Manager to sign Purchase Order for the Not-to-Exceed amount of $700,000.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda August 28, 2018 – Page 68 of 244 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 8 , 2 0 1 8 – P a g e 6 9 o f 2 4 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 8 , 2 0 1 8 – P a g e 7 0 o f 2 4 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 8 , 2 0 1 8 – P a g e 7 1 o f 2 4 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 8 , 2 0 1 8 – P a g e 7 2 o f 2 4 4 back to Owner to finalize with the applicant if not code compliant. Commercial Electrical Plan Review 10% of Commercial Plan Review Fee Additional Plan Review — Residential & Commercial: • After two (2) re -review. After the initial review and (2) re -reviews plans will go back to Owner to finalize with the applicant if not code compliant. NOT TO EXCEED AMOUNT $700,000 The Not -To -Exceed amount to complete all services listed above for this Task Order is seven hundred thousand dollars ($700,000). 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 days of the City's receipt of the invoice for services rendered, following attainment of the specified Milestone. City shall remit Contractor's share of permit revenues regardless of whether or not they are collected by the City in accordance with the above schedule. 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 SAFEbuilt, LLC de Weerd, Mayor W • Thomas P. Wilkas, Chief Financial Officer Dated: �/ K / �� f� Dated: August 22, 2018 Task Order— 10925.b SAFEbuilt, LLC Page 5 of 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 8 , 2 0 1 8 – P a g e 7 4 o f 2 4 4 City Council Meeting Regular Meeting Agenda Meeting Date: August 28, 2018 Agenda Item Number: 6 J Project File Number: Item Title: Task Order #10927.a for Professional Services Task Order #10927.a: Master Agreement for Professional Services Between City of Meridian (Owner) and Geotek, Inc. (Commercial and Residential Building Inspections Service Provider) Not -to -Exceed $700,000. Meeting Notes 9 OPMED I TEM SHEET C ouncil Agenda I tem - 5.J . Presenter: Estimated Time f or P resentation: Title of I tem - Task Order #10927.a: M aster Agreement for Professional S ervices Between C ity of M eridian (Owner) and Geotek, Inc. (C ommercial and Residential B uilding Inspections Service Provider) Not-to-Exceed $700,000 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Task Order A greements / C ontracts 8/23/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 8/23/2018 - 2:44 P M F inance.B aird, Ted Approved 8/23/2018 - 2:47 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 75 of 244 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 8 , 2 0 1 8 – P a g e 7 6 o f 2 4 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 8 , 2 0 1 8 – P a g e 7 7 o f 2 4 4 COMPENSATION AND PLAN REVIEW TURN AROUND TIME SCHEDULE Task Description Turn Around Time Compensation 1 Commercial and Residential Building All inspection shall be 30% of the building Inspections performed the next permit fees for the first business day. $100,000 collected by the City; 20% of the building permit fees over $100,000 collected by the City; 15% of building permit fees Issued for a structure valued at more than two million dollars ($2,000,000). NOT TO EXCEED AMOUNT: $700,000k O The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10927.a is (Seven -Hundred -Thousand Dollars) ($700,000). Fees ertainin to services proves under this Task Order shall, be collected b Ci . ♦;hare of perms revenues colleeted�°bytfie'C+,ce 00 of the City's receipt of _the invoicefor s re in 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 Tammy a eerd, Mayor Dated: GEOTEK Inc. BY: Luke J. Landriani, Senior Engineer" Dated: n Z/ Task Order — GEOTEK Inc. Page 3 or 4 Purchasing Division BY: ei s, anager Dated: 2 8 Community Development Department BY: Cameron Arial, Direct r Dated: 2 Task Order—GEOTEK Inc. Page 4 of 4 City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 6 K Project File Number: Item Title: AP Invoices Meeting Notes: 8/29/2018 - $461,947.62 uy pPPROYED I TEM SHEET C ouncil Agenda I tem - 5.K . Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 8/29/18 - $461,947.62 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 8/23/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/23/2018 - 1:45 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 80 of 244 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 ABSOLUTE SECURITY OF IDAHO 8/17/18 Settlers Movie Night security - qty 4 272.00 01 General Fund ACROSS THE STREET PRODUCTIONS 220/3 BlueCard initial cert fees 1,039.50 01 General Fund ADA COUNTY SHERIFF'S OFFICE Inmate Housing for MPD, July 2018 3.33 01 General Fund ADVANCE AUTO PARTS edger v-belt for Storey Park - qty 1 6.99 01 General Fund ADVANCE AUTO PARTS windshield wiper blades for fleet truck 19 - qty 1 pair 17.99 01 General Fund ALC ARCHITECTURE Refund: H-2018-0072, Razberry Point Villas, permit withdrawn 4,527.74 01 General Fund AMY MERRILL instructor fee-LittlePrincessDance, Dance/Tumble 7/9-8/2/18 748.00 01 General Fund ARCHIE FROST Per Diem A.Frost Appleton,WI 9/4-9/7/2018 224.00 01 General Fund ARLENCO DISTRIBUTION, INC security cameras for Champion Park - qty 4 372.88 01 General Fund ASPHALT DRIVEWAYS & PATCHING, INC 18-0257 Lemp-Larkwood Pathway 900.00 01 General Fund ASPHALT DRIVEWAYS & PATCHING, INC 18-0257 Lemp-Larkwood Pathway Retainage final invoice 2,200.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098,FY18 Streetlight Maintenance,29744C,8/2/18 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098,FY18 Streetlight Maintenance,30415C,8/2/18 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098,FY18 Streetlight Maintenance,40227C,8/2/18 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098,FY18 Streetlight Maintenance,40839C,8/2/18 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098,FY18 Streetlight Maintenance,41297C,8/2/18 203.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098,FY18 Streetlight Maintenance,41298C,8/2/18 496.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098,FY18 Streetlight Maintenance,41531C,8/2/18 196.00 01 General Fund BONNEVILLE BLUE PRINT SUPPLY copies of park site maps - qty 75 76.86 01 General Fund BRANDEN FISCUS Per Diem B.Fiscus Provo,UT 09/9-09/15/18 383.50 01 General Fund BRIAN LUEDDEKE Per Diem B.Lueddeke Reno,NV 9/2-9/7/18 SWAT sniper school 416.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY LED lighting conversion at the Homecourt 8,940.00 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing - Discovery Elem to Homecourt 881.75 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing - Discovery Elem to Kleiner Park 523.00 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing - Discovery Elem to Settlers Park 519.50 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing - Siena Elem to Homecourt 592.25 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing - Siena Elem to Settlers Park 986.50 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing - Siena Elem to zoo, Kleiner 306.25 Date: 8/23/18 01:37:51 PM Page: 1Meridian City Council Meeting Agenda August 28, 2018 – Page 81 of 244 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 BROWN BUS COMPANY 18-0489 summer camp busing - Willow Creek Elem to Homecourt 639.00 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing - Willow Creek Elem to Kleiner 824.00 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing - Willow Creek Elem to Settlers 275.25 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing-Discovery Elem to Kleiner Park 259.75 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing-Siena Elem to Gowen, Settlers 266.25 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing-Siena Elem to Homecourt 209.50 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing-Siena Elem to Jump Time, Settlers 285.50 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing-Siena Elem to Kleiner Park 247.50 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing-Willow Creek Elem to Homecourt 218.25 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing-Willow Creek Elem to Settlers 218.25 01 General Fund BROWN BUS COMPANY 18-0489 summer camp busing-Willow Creek Elem to Zoo/Kleiner 275.25 01 General Fund BROWN BUS COMPANY 18-0489 SummerCampBusing-Discovery Elem to Settlers, skating 316.75 01 General Fund BROWN BUS COMPANY 18-0489 SummerCampBusing-DiscoveryElem to JumpTime, Settlers 316.75 01 General Fund BROWN BUS COMPANY 18-0489 SummerCampBusing-DiscoveryElemToGowenField,Set... 276.75 01 General Fund BROWN BUS COMPANY 18-0489 SummerCampBusing-DiscoveryElemToZoo,KleinerPark 316.75 01 General Fund BROWN BUS COMPANY 18-0489 SummerCampBusing-SienaElemToSettlers,RollerDrome 287.25 01 General Fund BROWN BUS COMPANY 18-0489 SummerCampBusing-WillowCreekElem to Setters, skating 313.25 01 General Fund BROWN BUS COMPANY 18-0489 SummerCampBusing-WillowCreekElemtoGowen,Settlers 294.25 01 General Fund BROWN BUS COMPANY 18-0489 SummerCampBusing-WillowCreekElemToJumpTime,S... 313.25 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for LOF on Inv # 3933 (58.30) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Diagnose Miss-fire, Sending to Dealer for Warranty 85.00 Date: 8/23/18 01:37:51 PM Page: 2Meridian City Council Meeting Agenda August 28, 2018 – Page 82 of 244 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 Credit Inv # 3684 for Unit # 31 (63.60) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 158 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 164 (Corrected Amt)55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit# 31, Billing Error, Credit Pending 63.60 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, ATF Svc for Unit # 157 164.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Tires and ATF Service for Unit# 163 807.83 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Rear Brakes for Unit # 140 463.80 01 General Fund BRYCYN B CAMPBELL Education Reimbursement Brycyn Campbell summer2018 CWI 894.00 01 General Fund BUSINESS MANAGEMENT DAILY Renewal for HR Specialist 2018 211.00 01 General Fund BUSINESS MANAGEMENT DAILY Renewal for HR Specialist Employment Law 199.00 01 General Fund BUSY BEE SAND & GRAVEL, INC.haul off spoils from Heroes Park 80.00 01 General Fund BUSY BEE SAND & GRAVEL, INC.Heroes Park spoils removal 200.00 01 General Fund BUSY BEE SAND & GRAVEL, INC.topsoil for Heroes Park 84.77 01 General Fund CABLE ONE 112461900 City Hall cable svc 8/16-9/15/2018 42.00 01 General Fund CALLBACK STAFFING SOLUTIONS, LLC Support Plan Less than 100 users (Monthly)39.99 01 General Fund CANYON HONDA Diagnose fuel Pressure Issue for Unit # 521 164.80 01 General Fund CAREER UNIFORMS Shirts and jacket for Stacy Redman 91.80 01 General Fund CARPENTER SCREEN PRINTING 2018 Spring Softball champion shirts - qty 214 1,701.30 01 General Fund CHARLIE BUTTERFIELD Exp Rprt C.Butterfield Fire Rescue Intnl Dallas 08/7-8/11/18 25.00 01 General Fund CHARLIE BUTTERFIELD Per Diem C.Butterfield Appleton, WI 9/4-9/7/2018 224.00 01 General Fund CHARLIE BUTTERFIELD Per Diem CButterfield SW Fire Chief conf McCall 9/10/18 127.50 01 General Fund CHRISTIE BOUCHER Education Reimbursement C.Boucher summer2018 Riverside Colle 484.97 01 General Fund CONSURCO INC City Hall, fountain bench waterproof coating 3,910.00 01 General Fund D & B SUPPLY bolts & nuts for Settlers John Deere 1600 mower #3 x 0.50 1.15 01 General Fund D & B SUPPLY cell phone case - qty 1 13.49 01 General Fund D & B SUPPLY Credit for Tax Charged in Error, for Dog Food (5.00) 01 General Fund D & B SUPPLY credit on fasteners to repair pressure washer - qty 4 (0.76) 01 General Fund D & B SUPPLY Dog Food for K9 Dory 47.99 01 General Fund D & B SUPPLY Dog Food for K9 Randy 149.97 01 General Fund D & B SUPPLY fasteners to repair pressure washer - qty 4 5.52 01 General Fund D & B SUPPLY rakes, pruner scabbard, hoses - qty 7 167.93 01 General Fund DELL MARKETING L.P.VLA Office STD 2016 2,201.76 01 General Fund DIVISION OF BLDG SAFETY Elevator # 1 Safety certificate 125.00 01 General Fund DIVISION OF BLDG SAFETY Elevator #2 Safety Certification 125.00 01 General Fund DIVISION OF BLDG SAFETY Elevator #3 Safety Certification 125.00 Date: 8/23/18 01:37:51 PM Page: 3Meridian City Council Meeting Agenda August 28, 2018 – Page 83 of 244 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 DRAGONFLY LAUGHTER WELLNESS instructor fee - Laugh Yourself Happy 7/23-8/6/18 - qty 2 48.00 01 General Fund EXPRESS PLUMBING SERVICES, INC.220/replace leaking mop faucet, St. 1 465.00 01 General Fund FASTENAL COMPANY Kleiner Park restroom stall door hardware - qty 10 5.00 01 General Fund FEDEX Background Our of Area Candidate: Brant Musik 50.54 01 General Fund GARRETT WHITE reimburse G.White mileage 7/24-8/16/18 27.80 01 General Fund GARRETT WHITE reimbursement G.White mileage 8/17-8/22/2018 6.54 01 General Fund GRAPECITY, INC.ComponentOne Studio Enterprise Edition Renewal 3,538.75 01 General Fund H.D. FOWLER COMPANY NDS drain boxes & parts for Settlers Park - qty 10 132.19 01 General Fund H.D. FOWLER COMPANY sprinkler parts for Gordon Harris & Settlers Parks - qty 64 916.20 01 General Fund HICKS BROTHERS WOOD FLOORS Homecourt gym floor hole patches regarding water damage 500.00 01 General Fund HICKS BROTHERS WOOD FLOORS Homecourt gym floor repairs 775.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/credit for return, inv #7013372 (13.46) 01 General Fund HOME DEPOT CREDIT SERVICES 220/smoke alarms for ST. 4 37.44 01 General Fund HOME DEPOT CREDIT SERVICES 220/supplies, st. 4, paint brush, rope for halyard 28.26 01 General Fund HOME DEPOT CREDIT SERVICES Bldg Evo TI project-wood strip & Drywall 14.09 01 General Fund HOME DEPOT CREDIT SERVICES sand for portable basketball hoops x 6; hose parts x 2 39.35 01 General Fund IDAHO CORRECTIONAL INDUSTRIES biz cards, Zahorka, LeBeau, Dart, Shane-Bldg Evo project 185.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business cards for Stacy Redman 46.25 01 General Fund IDAHO CORRECTIONAL INDUSTRIES chairs Bldg Evo project plan reviewers/supervisors - qty 5 2,625.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES chairs-bldg evo project-plan reviewer/supervisors - qty 5 2,625.00 01 General Fund IDAHO POWER 2200773816 City Hall power Aug 2018 10,373.61 01 General Fund IDAHO POWER 2203586629, Street Lights Power Aug 2018 26,184.17 01 General Fund IDAHO POWER 2205054725, Police Power Aug 2018 5,231.37 01 General Fund IDAHO PRESS-TRIBUNE PH Stonemont Sub. 750 E Ustick Rd 8/28/18 56.24 01 General Fund IDAHO PRESS-TRIBUNE Public Hearing Parks fees Increase 7/24/18 359.31 01 General Fund IMPACT PEST SERVICES pest control at Homecourt 7/25 109.00 01 General Fund IMPACT PEST SERVICES pest control at the Homecourt 9/29/17 89.00 01 General Fund IMPACT PEST SERVICES Pest Service 49.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 7/10/18 250.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 7/26/18 250.00 01 General Fund INDUSTRIAL ORGANIZATIONAL SOLUTIONS, INC. New Officer Testing 670.00 01 General Fund INDUSTRIAL ORGANIZATIONAL SOLUTIONS, INC. New Officer Tests 870.00 Date: 8/23/18 01:37:51 PM Page: 4Meridian City Council Meeting Agenda August 28, 2018 – Page 84 of 244 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 INTERMOUNTAIN COMMUNICATIONS Portable Radio Repair 470.00 01 General Fund JENNY FIELDS Exp Rprt J.Fields Priority Based Budget Conf Denver Aug218 34.10 01 General Fund JOE BONGIORNO Per Diem JBongiorno SW Fire Chief McCall 9/10/18 127.50 01 General Fund JOHN S OVERTON Per Diem JOverton ICC inspector course SLC 9/9/2018 324.50 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Patrol Unit Extinguisher Service 140.00 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Tested smoke/heat detectors on all 3 elevators CH 274.00 01 General Fund JUSTIN WINKLER Per Diem J.Winkler Appleton, WI 9/4-9/7/2018 224.00 01 General Fund KENDALL FORD OF MERIDIAN Oil Change During Recall Unit # 131 93.21 01 General Fund KENDALL FORD OF MERIDIAN Rt Exterior Mirror Cap for Unit #100 36.22 01 General Fund KEVIN FEDRIZZI Exp Rprt K.Fedrizzi Fire Rescue Intnl Dallas 8/7-8/11/18 25.00 01 General Fund KEVIN FEDRIZZI Per Diem KFedrizzi SW Fire Chief Conf McCall 9/10/18 127.50 01 General Fund KIRBY GRAPHIX 220/Community event directional signs, qty 16 257.90 01 General Fund L.N. CURTIS AND SONS 18-0371 220/work boots, Blake Campbell 156.36 01 General Fund L.N. CURTIS AND SONS Boots Damaged on Duty - Erickson 117.00 01 General Fund L.N. CURTIS AND SONS Pants Replaced due to Damaged on Duty - Erickson 93.00 01 General Fund LAURIE MCELROY instructor fee - Yoga 6/4-8/4/18 - qty 63 2,304.00 01 General Fund LAWN CO MAINTENANCE sprinkler repairs at various contracted sites 1,411.34 01 General Fund LAWN CO MAINTENANCE Streetlight project sprinkler repair/weed spray 8/9/18 155.00 01 General Fund LEADSONLINE LeadsOnline TotalTrack Investigation System Service Package 1,668.00 01 General Fund LIFELOC TECHNOLOGIES, INC.Communication Cable for LifeLoc 176.12 01 General Fund LINDGREN LABRIE ARCHITECTURE PLLC 17-0342, City Hall Exterior Metal & Interior Stairway Painti 2,750.00 01 General Fund LOWE'S 220/credit for returned equipment, Inv# 01178 (90.09) 01 General Fund MARK NIEMEYER Per Diem MNiemeyer SW Fire chief conf McCall 09/10/2018 127.50 01 General Fund MERIDIAN CYCLES Bike Maintenance and Repairs 254.20 01 General Fund MIKE TANNER Expense Report: Mike Tanner, VS Live, Redmond WA, 8/12-8/17 42.09 01 General Fund NAPA AUTO PARTS 220/fuse, MF036 3.69 01 General Fund NAPA AUTO PARTS 220/paint, 2 14.58 01 General Fund NAPA AUTO PARTS 220/radiator hose, simple green, dome lamps 87.43 01 General Fund NAPA AUTO PARTS 220/shop supplies, st. 2, thread lock, polish, simple green 33.76 01 General Fund NAPA AUTO PARTS Headlight Bulbs for Tahoe & Caprice - Inventory 62.20 01 General Fund NESMITH BROTHERS TOWING Roadside Assistance for Unit # 151 75.00 Date: 8/23/18 01:37:51 PM Page: 5Meridian City Council Meeting Agenda August 28, 2018 – Page 85 of 244 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 NESMITH BROTHERS TOWING Tow Unit #524 to Kendall for Internal Engine Repair 75.00 01 General Fund OFFICE DEPOT, INC.CLERK Credit legal file folders returned (36.54) 01 General Fund OFFICE DEPOT, INC.CRTDG,IJ,HP 772, 300ML,LG/CRTDG,IJ,HP772,300ML,PHT/CRTDG,IJ 322.77 01 General Fund OFFICE DEPOT, INC.CUP,HOT,OD 12OZ,50/PK/PLATE,COATED,9,120PK/FORK,PLASTIC,... 96.52 01 General Fund OFFICE DEPOT, INC.Expandable Wallets for benefit Packets 88.62 01 General Fund OFFICE DEPOT, INC.Mouse for Bill Y, mouse for Mel H 19.04 01 General Fund OFFICE DEPOT, INC.photo frame-council picture, photo hanger, colored dot label 16.79 01 General Fund OFFICE DEPOT, INC.Training Materials & Office Supplies 250.38 01 General Fund OFFICE VALUE - MERIDIAN Cork Board & Labeler Tape, Chair for PD 268.49 01 General Fund OFFICE VALUE - MERIDIAN Cork Board Returned - Wrong Size (119.99) 01 General Fund OFFICE VALUE - MERIDIAN Credit for Over Charge on Office Chairs (40.00) 01 General Fund OFFICE VALUE - MERIDIAN Labeler Tape 24.13 01 General Fund OFFICE VALUE - MERIDIAN Labeler Tape Returned, Wrong Size (18.29) 01 General Fund OFFICE VALUE - MERIDIAN Lanyards for PD Prox Cards 42.64 01 General Fund OFFICE VALUE - MERIDIAN Office Chair and Cork Board 319.99 01 General Fund OFFICE VALUE - MERIDIAN Office Chairs for Code - Qty 2 460.00 01 General Fund P.O.S.T. ACADEMY Training Registration for C.Jacob to Attend Training 9/24-28 300.00 01 General Fund P.O.S.T. ACADEMY Training Registration for M.Netherton to Attend Training - I 300.00 01 General Fund PUBLIC AGENCY TRAINING COUNCIL Training Registration to Attend Death/Homicide Training 1,575.00 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 7/1/-7/29/18 bal due 200.00 01 General Fund REAL ANIMAL MANAGEMENT 18-0030 goose management - July 2018 2,010.00 01 General Fund RED WING SHOES Jeffrey Dart-steeltoe boots 197.99 01 General Fund RED WING SHOES John Shane-steeltoe boots 171.59 01 General Fund RED WING SHOES Michael LeBeau-steel toe boots 123.24 01 General Fund RICOH USA, INC Additional Images for CID Copier, July 2018 260.84 01 General Fund RICOH USA, INC Additional Images for CID Copier, June 2018 268.06 01 General Fund RICOH USA, INC Additional Images for CODE Copier, July 2018 10.60 01 General Fund RICOH USA, INC Additional Images for CODE Copier, June 2018 8.38 01 General Fund RICOH USA, INC Additional Images for Patrol Copier, July 2018 211.74 01 General Fund RICOH USA, INC Additional Images for Patrol Copier, June 2018 213.42 01 General Fund RICOH USA, INC Additional Images for PSTC Copier, July 2018 10.74 01 General Fund RICOH USA, INC Additional Images for PSTC Copier, June 2018 12.71 01 General Fund RICOH USA, INC Additional Images for Records Copier, July 2018 41.26 01 General Fund RICOH USA, INC Additional Images for Records Copier, June 2018 51.26 Date: 8/23/18 01:37:51 PM Page: 6Meridian City Council Meeting Agenda August 28, 2018 – Page 86 of 244 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund RICOH USA, INC C86111894 Copier Lease Payment 9/1 - 9/30/18 390.08 01 General Fund RICOH USA, INC C86111894 Copies B/W 3995; Color 2188 125.83 01 General Fund RICOH USA, INC C86111894 Copies B/W 4290; color 2089 122.57 01 General Fund ROCKY MOUNTAIN COLLISION Emmissions Test - MF-030 #F21184 8.88 01 General Fund ROTO-ROOTER PLUMBERS unclog toilet at Storey Bark Park restroom 169.50 01 General Fund SHRED-IT USA, LLC.220/St. 4 & Admin paper shredding 69.99 01 General Fund SIGNS, ETC banners for Solid Waste Advisory Commission - qty 2 137.02 01 General Fund SIGNS, ETC Replace Door Graphics for Unit # 164 1,044.00 01 General Fund SIGNS, ETC Replace Door Graphics on Unit # 142 1,044.00 01 General Fund SIGNS, ETC Replace Vehicle Graphis on Door for Unit # 158 1,044.00 01 General Fund SIMPLOT PARTNERS mound clay for Mo Brooks Field - qty 20 bags 395.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/E-31, MF019, Prev Mtnc 777.32 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/E-31, MF019, repair grnd lites,pump handle,flir charger, 8,994.20 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/E-35, MF041, repair, Engine in Alarm, will not regen 885.41 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF021, T-31 Prev Mtnc.1,032.88 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF038, repair, failed aux battery, replace charger 338.93 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Prev Mtnc on MF041 990.38 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/T-31,MF021, Repair alternator 3,287.29 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/WT-32 MF008, repair A/C, apparatus shaking, dash gauge 467.41 01 General Fund SUNBELT RENTALS jumping jack compactor rental for Heroes Park 8/6-8/7/18 71.10 01 General Fund SUNSET TINT INC Window Tinting 3 Equinox vehicles 705.00 01 General Fund SYNCB/AMAZON 220/16 packs of 3, work gloves 454.08 01 General Fund SYNCB/AMAZON 220/Four 3-packs work gloves 108.96 01 General Fund SYNCB/AMAZON Bldg Evo project supplies-notebooks and key safe 130.19 01 General Fund SYNCB/AMAZON gen office-badge holders/legal pads + coffee pot bldg evo 165.35 01 General Fund SYNCB/AMAZON gen office-rubberbands, binder clips, post-it flags 41.35 01 General Fund SYNCB/AMAZON safety glasses for new inspectors - qty 12 23.98 01 General Fund SYNCB/AMAZON safety vests for new inspectors - Qty 8 343.36 01 General Fund SYRINGA NETWORKS, LLC Dark Fiber (4 Strands)1,150.00 01 General Fund SYRINGA NETWORKS, LLC Internet BW (100MB)790.00 Date: 8/23/18 01:37:51 PM Page: 7Meridian City Council Meeting Agenda August 28, 2018 – Page 87 of 244 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 THE CAR PARK Courthouse Parking for July 2018 147.00 01 General Fund THE UPS STORE 220/mail in smoke machine for repair, postage and packing 247.96 01 General Fund THE UPS STORE Ground Commercial Tracking# 1ZE786060324942790 16.86 01 General Fund THOMAS ERICKSON Per Diem T.Erickson Reno,NV 09/2-9/8/2018 SWAT sniper school 416.00 01 General Fund TODD LAVOIE Exp Rprt T.Lavoie Priority Based Budget Conf Denver Aug2018 36.76 01 General Fund TONY CHANCE Exp Rprt T.Chance NFA Emmitsburg 7/8-7/20/2018 50.00 01 General Fund TOTAL SYSTEM SERVICES 24X24 return air grille + install 361.00 01 General Fund TOTAL SYSTEM SERVICES Homecourt HVAC RTU 1 fan motor & contactor replacements 733.75 01 General Fund TOTAL SYSTEM SERVICES Lanark Parks Shop HVAC service 310.00 01 General Fund TOTAL SYSTEM SERVICES PSTC Spring HVAC Maintenance 1,340.00 01 General Fund TREASURE VALLEY TENNIS ASSOCIATION instructor fee - Tennis 7/24-8/2/18 - qty 59 1,510.40 01 General Fund TREASURE VALLEY TENNIS ASSOCIATION instructor fee - Tennis 8/7-8/9/18 - qty 33 422.40 01 General Fund TROPHY HOUSE PROS trophies for 2018 Red Eye Tournament - qty 6 149.70 01 General Fund TRUEPOINT SOLUTIONS LLC TruePoint Services - July/ Avovle View setup and testing 3,525.00 01 General Fund ULTRA TOUCH CAR WASH Full Service Car Wash for Unit # 142 12.70 01 General Fund ULTRA TOUCH CAR WASH Full Service Car Wash for Unit # 157 12.70 01 General Fund UNIFORMS 2 GEAR New Hire Armor Vest, Littleton 821.16 01 General Fund UNIFORMS 2 GEAR New Hire Clothing - R.Everett 35.99 01 General Fund UNIFORMS 2 GEAR Replacement Hat for Stewart 10.50 01 General Fund VARSITY FACILITY SERVICES Pressure Wash PD Admin Bldg 800.00 01 General Fund WAXIE SANITARY SUPPLY 18-0191, toilet paper, kleenex, soap, hand towels 3,160.29 01 General Fund WAXIE SANITARY SUPPLY shop towels - qty 4 cases 166.64 01 General Fund WESTERN APPLIANCE REPAIR 220/Service call on Dishwasher, St. 1 79.00 01 General Fund WILL STOY Per Diem W.Stoy Sacramento,CA 09/11-09/17/18 416.00 01 General Fund WW GRAINGER, INC 220/4 tarps & batteries, st. 3 77.70 01 General Fund WW GRAINGER, INC 220/batteries, St. 1 8.92 01 General Fund WW GRAINGER, INC 220/batteries, tarps-equipment, respirators PPE 155.95 01 General Fund WW GRAINGER, INC 220/Diesel exhaust fluid, St. 3 385.65 01 General Fund WW GRAINGER, INC 220/St. 2, equip, tarps, window punch, tape measure 112.14 01 General Fund XEROX CORPORATION - PASADENA 220/July copier charges,509.26 Total 01 General Fund 161,976.13 Date: 8/23/18 01:37:51 PM Page: 8Meridian City Council Meeting Agenda August 28, 2018 – Page 88 of 244 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 07 Impact Fund ESI, INC 18-0488 220/Preconstruction services for Fire St. 6 18,898.56 07 Impact Fund H.D. FOWLER COMPANY Hillsdale Park saddle & mainline fittings - qty 23 1,072.32 07 Impact Fund H.D. FOWLER COMPANY parts for Keith Bird Legacy Park drainage - qty 10 119.72 07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/Equipment for E-36, MF046, generator & mount 1,059.95 07 Impact Fund STRATA, INC.18-0306 materials testing for Discovery Park 7/10-8/3/18 1,722.75 07 Impact Fund STRATA, INC.220/ground water monitoring for St. 6 125.00 Total 07 Impact Fund 22,998.30 60 Enterprise Fund ALEX & TARA GAUGHAN Refund: Wat/Sew/Trash, #19102102-05, 4316 E. Tahiti St., 108.73 60 Enterprise Fund ALEX FREITAG Per Diem AFreitag PW Strategic Leadership Mccall 9/16/18 127.50 60 Enterprise Fund ALL-IN-ONE ASPHALT LLC Asphalt repair & sealant at N & S Black Cat lift stations 6,363.00 60 Enterprise Fund ALL-IN-ONE ASPHALT LLC Striping & speed limit markings on asphalt at WRRF 885.00 60 Enterprise Fund AMERICAN DOOR SERVICE/MERIDIAN DOOR & HARDWARE Parts & Labor repair of Admin Bldg Door Rm#136 640.00 60 Enterprise Fund AMERICAN HOMES LLC Refund: Wat/Sew/Trash, #16320616-03, 1910 N. Crestmont Dr., 81.86 60 Enterprise Fund ANALYTICAL LABORATORIES INC.18-0366 Misc Water Sampling FY18 Qty 108 1,641.60 60 Enterprise Fund AUTO SHADES, INC.Capital Vehicles Window Tint for New Hino Valve Trk C20663 300.00 60 Enterprise Fund BOE - Boise Office Equipment XKP547491 Copier Lease, 5/1 - 5/31/18 275.80 60 Enterprise Fund BOE - Boise Office Equipment XKP547491 Copier Lease, 6/1 - 6/30/18 275.80 60 Enterprise Fund BOISE APPLIANCE & REFRIGERATIO Annual Maint for Ice Machine Qty 1 377.57 60 Enterprise Fund BRIAN & DOROTHY WICKLOW Refund: Wat/Sew/Trash, #08150314-02, 4617 N Diamond Creek 62.53 60 Enterprise Fund C DWAYNE & ANITA PRESCOTT Refund: Wat/Sew/Trash, #66000111-04, 4072 W. Sugar Tree Dr. 51.92 60 Enterprise Fund CAREER UNIFORMS Shirts and jacket for Laurelei McVey 103.95 60 Enterprise Fund CHRIS LOFFER Refund: Wat/Sew/Trash, #09190204-03, 880 W. Apple Pine St., 68.75 60 Enterprise Fund COBBLESTONE PROPERTY MGMT Refund: Wat/Sew/Trash, #08081430-05, 115 E. Cassidy Dr., 234.13 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Conduit nipple to install wiring for chlorine pump (2 qty) 43.44 60 Enterprise Fund CORE & MAIN LP Brass Nipple Qty 8 63.20 60 Enterprise Fund CORE & MAIN LP Brass Street Elbow, Brass 90 Elbow Qty 7 36.79 Date: 8/23/18 01:37:51 PM Page: 9Meridian City Council Meeting Agenda August 28, 2018 – Page 89 of 244 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 CORE & MAIN LP Grip Joint Coupler Qty 12 283.44 60 Enterprise Fund CORE & MAIN LP Threaded RWGL Clow Qty 2 517.66 60 Enterprise Fund CRESTLINE SPECIALTIES CO., INC.Investigator magnifiers & LED flashlights (375 qty)751.02 60 Enterprise Fund D & B SUPPLY Clear Vinyl Tubing Qty 3 5.97 60 Enterprise Fund D & B SUPPLY Duct Tape, Spade Set, Weed Hook Handle for J. Allen Qty 3 61.47 60 Enterprise Fund D & B SUPPLY Head trimmer, spring & spool (3 qty)112.23 60 Enterprise Fund D & B SUPPLY Hi-Vis rain gear for EMunoz 66.99 60 Enterprise Fund D & B SUPPLY Hose & nozzles for cleaning (3 qty)54.97 60 Enterprise Fund D & B SUPPLY T-post for asphalt work at N & S Black Cat lift stations (8) 31.92 60 Enterprise Fund D & B SUPPLY Trowel hand tool & top soil (4 qty)11.36 60 Enterprise Fund DALE BOLTHOUSE Per Diem DBolthouse PW Strategic Leadership Donnelly 9/16 127.50 60 Enterprise Fund DANIEL & LINDSEY DECLOSS Refund: Wat/Sew/Trash, #05502313-02, 801 E. San Pedro St., t 25.34 60 Enterprise Fund DAVID MILES Per Diem DMiles PW Strategic Leadership McCall 9/16/18 127.50 60 Enterprise Fund DAVID TESTER & CLAUDIA WEATHERMON Refund: Wat/Sew/Trash, #04701717-02, 808 W. Colbert St., 49.08 60 Enterprise Fund DC ENGINEERING 17-0405,WWTP Primary Elect.Dist.System design thru 7/15/18 1,925.00 60 Enterprise Fund DC ENGINEERING Labor for electrical design main loop & PLC programming 1,183.75 60 Enterprise Fund DELL MARKETING L.P.VLA Adobe Creative Cloud for Teams 1,707.51 60 Enterprise Fund DENNIS TELLER Per Diem DTeller PW Strategic Leadership McCall 09/16/2018 127.50 60 Enterprise Fund DEPT OF HEALTH & WELFARE Chlorophylla testing for NPDES (15 tests)1,125.00 60 Enterprise Fund DONALD & SANDRA KERR Refund, 05500104-03, Wat/Sew/Trash, 815 E Yucca Canyon St. 127.80 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0397 FY18 Water Testing Qty 31 799.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0397 FY18 Water Testing Qty 8 240.00 60 Enterprise Fund EWING CO., INC.18-0354,Construct Pumping Facility Services 7/1-7/31/18 95,216.12 60 Enterprise Fund FASTENAL COMPANY 5 Gallon Bucket, Black RR Sealant Qty 4 17.49 60 Enterprise Fund FASTENAL COMPANY Hi-vis safety vest-size M (2 qty)14.40 60 Enterprise Fund FASTENAL COMPANY Hi-vis safety vest-sizes L & XL (14 qty)100.80 60 Enterprise Fund FASTENAL COMPANY Screws for mixers (50 qty)32.12 60 Enterprise Fund FASTENAL COMPANY Sweatbands for hard hats (2 qty)5.87 60 Enterprise Fund FASTENAL COMPANY Windex Glass Cleaner Qty 12 67.72 Date: 8/23/18 01:37:51 PM Page: 10Meridian City Council Meeting Agenda August 28, 2018 – Page 90 of 244 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund FERGUSON ENTERPRISES INC.12 DBL EXT Qty 1 65.36 60 Enterprise Fund FERGUSON ENTERPRISES INC.Digging Bar Qty 1 79.95 60 Enterprise Fund FERGUSON ENTERPRISES INC.Equipment, 14 Raptor Pipe wrench qty 1 25.49 60 Enterprise Fund FERGUSON ENTERPRISES INC.Metter Setter Short Legs Qty 4 1,009.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Square nut operator to repair valve (3 qty)108.95 60 Enterprise Fund FISHER SCIENTIFIC Custody seals for water testing 278.57 60 Enterprise Fund FISHER SCIENTIFIC Gloves-sizes sm, med, & XL (6 cs & 19 pk)458.40 60 Enterprise Fund FRANCIS & ALMA TURNER III Refund: Wat/Sew/Trash, #10500110-02, 3076 W. Tenuta St., 43.47 60 Enterprise Fund GEM STATE OIL RECOVERY Pick up charge for used oil (125 gal)50.00 60 Enterprise Fund H.D. FOWLER COMPANY Brass Gate Valve Threaded Qty 15 547.05 60 Enterprise Fund H.D. FOWLER COMPANY Ford Grip Joint Adapter Qty 12 238.44 60 Enterprise Fund HARBOR FREIGHT TOOLS PVC Cutter, Long Nose Pliers, Pry Bar Set Qty 4 39.96 60 Enterprise Fund HENRY YUN Refund: Wat/Sew/Trash, #10553011-02, 2422 W. Quintale Dr., 102.41 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Credit tax charge by Vendor Ref # 1804213090 (6.66) 60 Enterprise Fund HOME DEPOT CREDIT SERVICES FI Disco Qty 2 6.28 60 Enterprise Fund HOME DEPOT CREDIT SERVICES FI Disco, FI Disconnect Qty 2 6.66 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Mixed fuel for lawnmower plus grinder, funnel, cooler 142.49 60 Enterprise Fund HORTON FLUID POWER INC.O-rings (20 qty)30.92 60 Enterprise Fund IDAHO TOOL & EQUIPMENT Misc Hand Tools for Truck Stock, Hammer, Sherar Qty 43 2,616.88 60 Enterprise Fund IRMINGER CONSTRUCTION 18-0369,Well 22,Water Treatment const.services 6/21-7/20/18 131,670.38 60 Enterprise Fund JASON CAFFEY Refund, 46466212-03, Wat/Sew/Trash, 2816 E Hero Dr 75.23 60 Enterprise Fund JON ROW Refund: Wat/Sew/Trash, #13136040-03, 4963 W. Mcmurtrey St., 38.96 60 Enterprise Fund JONES FAMILY TRUEST & ALICIA JONES Refund, 05502125-03, Wat/Sew/Trash 531 E San Pedro St 36.03 60 Enterprise Fund JULIE CHIPMAN & STEVE ADKINS Refund, 16313366-02, Wat/Sew/Trash, 2312 NW 10th Ave 129.22 60 Enterprise Fund KATHI BUTTARS Per Diem KButtars PW Strategic Leadership McCall 9/16/18 127.50 60 Enterprise Fund KENNY BALL & HALLEY HALVERSON Refund Wat/Sew/Trash 608 S Canvasback Way 92.55 60 Enterprise Fund LAURELEI MCVEY Per Diem LMcVey PW Strategic Leadership McCall 09/16/2018 127.50 60 Enterprise Fund LAURELEI MCVEY reimburse L.McVey DWT1 water&wastewater licenses 50.00 60 Enterprise Fund LOWE'S Dewalt Ham, Titanm Drill, Screwdriver Set Qty 3 134.86 60 Enterprise Fund MARJERY KAHN Refund, 23233998-02, Wat/Sew/Trash, 620 NW 8th St 61.30 Date: 8/23/18 01:37:51 PM Page: 11Meridian City Council Meeting Agenda August 28, 2018 – Page 91 of 244 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 MARSHALL & SUMMER COOK Refund, 25250024-03, Wat/Sew/Trash, 1580 N Manship PL 36.97 60 Enterprise Fund METROQUIP, INC.Nozzle for cleaning clarifiers & digesters 29.13 60 Enterprise Fund METROQUIP, INC.Nozzles for cleaning clarifiers and digesters (5 qty)117.60 60 Enterprise Fund MIDPOINT BEARING Tapered roller bearings (2 qty)210.55 60 Enterprise Fund MODERN PRINTERS Printing costs for invoice coding labels (10 pads)55.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0388 FY18 Water Quality Evaluation Task Order 3,360.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Razor back Shovel, Open Back Shovel Qty 8 295.48 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Static balancers (2 qty)930.82 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Vibration meter & roller stand (2 qty)1,965.31 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Water heater expansion tank to replace broken tank 69.48 60 Enterprise Fund NAPA AUTO PARTS Break cleaner for motors-non vehicle (24 qty)42.96 60 Enterprise Fund NAPA AUTO PARTS Grease gun for vactor hydrocleaner 33.65 60 Enterprise Fund NORCO Hi-Vis T-Shirts Qty 25 224.00 60 Enterprise Fund OFFICE DEPOT, INC.L Shape Desk, Hutch, File Drawer Set Qty 3 400.71 60 Enterprise Fund OFFICE DEPOT, INC.Mouse for Bill Y, mouse for Mel H 25.38 60 Enterprise Fund OFFICE VALUE - MERIDIAN Highlighters (2 qty)30.48 60 Enterprise Fund OVERHEAD DOOR COMPANY Fire door inspection/test in Lab 95.00 60 Enterprise Fund OVERHEAD DOOR COMPANY Install of Receiver and program of receiver for bay W-2 202.10 60 Enterprise Fund PACIFIC NW CLEAN WATER ASSN PNCWA 2018 Conference for Clind Dolsby 380.00 60 Enterprise Fund PACIFIC NW CLEAN WATER ASSN PNCWA 2018 Conference for Dan Berthe 480.00 60 Enterprise Fund PACIFIC NW CLEAN WATER ASSN PNCWA Annual Conference for Kristina Keith 480.00 60 Enterprise Fund PACIFIC NW CLEAN WATER ASSN PNCWA Conference for David Miles 480.00 60 Enterprise Fund PACIFIC NW CLEAN WATER ASSN PNCWA Conference for Jason Korn 625.00 60 Enterprise Fund PACIFIC NW CLEAN WATER ASSN PNCWA Conference for Troy Thrall 380.00 60 Enterprise Fund PACIFIC NW CLEAN WATER ASSN PNCWA Conference for Warren Stewart 380.00 60 Enterprise Fund PARAMOUNT SUPPLY CO.Diaphragm assembly kits ( 2 qty)472.62 60 Enterprise Fund PLATT ELECTRIC SUPPLY 4 inch square boxs to update lighting to LED (6 qty)20.47 60 Enterprise Fund PLATT ELECTRIC SUPPLY Emergency/Exit combo light for BRO bldg 40.80 60 Enterprise Fund PLATT ELECTRIC SUPPLY Emergency/Exit light combo for BRO bldg, (3 qty)283.18 60 Enterprise Fund PLATT ELECTRIC SUPPLY RDC Bush, ARL Low Profile Qty 26 48.22 60 Enterprise Fund PLATT ELECTRIC SUPPLY Square box, lampholder, connectors, LED lamp, couplings (154 393.50 60 Enterprise Fund POSTNET Postage & Mailing Backflow Letters Qty 435 362.10 60 Enterprise Fund POWER SYSTEMS WEST Annual Generator Maintenance @ Victory Res 1,069.44 60 Enterprise Fund RED WING SHOES Safety boots for EMunoz 200.00 60 Enterprise Fund RED WING SHOES Safety boots for TParks 175.99 60 Enterprise Fund RHONDA KELLY Refund, 15222126-02, Wat/Sew/Trash, 2259 Tumble Creek 160.00 Date: 8/23/18 01:37:51 PM Page: 12Meridian City Council Meeting Agenda August 28, 2018 – Page 92 of 244 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 RICK MURRAY Exp Rprt R.Murray Disinfection & Reuse Synmposium Portland 95.80 60 Enterprise Fund ROBERT & BARBARA VAN TASSEL Refund, 04704002-03, Wat/Sew/Trash, 321 W Producer Dr 50.91 60 Enterprise Fund ROBERT & BETHANY KOENIG Refund, 66000264-02, Wat/Sew/Trash, 3446 W Bay Oak St. 42.28 60 Enterprise Fund ROCKY MOUNTAIN COLLISION Emissions Testing: C11987, C18640, C18634 26.64 60 Enterprise Fund SARA KALFAS Refund, 0550210206, Wat/Sew/Trash, 5453 N Red Hills Ave, Tit 70.46 60 Enterprise Fund SCOTT SMYTH Refund: Wat/Sew/Trash, #07150612-02, 4243 N Linwood Way, 84.89 60 Enterprise Fund SIGNS, ETC New Vehicle Reflective Lettering C20663 160.00 60 Enterprise Fund SOUTHERN COMPUTER WAREHOUSE Apple iPad Pro - 10.5 - Apple A10X Hexa-Core (6 Core)864.44 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC 80 PVC Plug Qty 10 29.30 60 Enterprise Fund STEVE & TRACY MCNITT Refund Wat/Sew/Trash, 1472 N Penrith Ave 30.85 60 Enterprise Fund SUSIE DEARDORFF Per Diem SDeardorff PW Strategic Leadership McCall 9/16/18 127.50 60 Enterprise Fund SWIOS Employee Seminar WW Chemistry & Chemical Uses D. Teller 15.00 60 Enterprise Fund SYNCB/AMAZON 52pc & 19pc seal driver kits (2 qty)234.73 60 Enterprise Fund SYNCB/AMAZON MUBS jetstream pen refills 32.54 60 Enterprise Fund SYNCB/AMAZON MUBS returned jetstream pen refills (32.54) 60 Enterprise Fund SYNCB/AMAZON Paper shredder for Collections bldg 99.99 60 Enterprise Fund SYNCB/AMAZON Plier wrench & 29pc drill bit set (3 qty)250.77 60 Enterprise Fund SYNCB/AMAZON Spring tool 4pc metal working set 46.85 60 Enterprise Fund SYNCB/AMAZON Wooden board coat racks for Admin bldg (2 qty)43.98 60 Enterprise Fund TARA KISHPAUGH Refund: Wat/Sew/Trash, #09130312-02, 227 W. White Sands Dr., 105.48 60 Enterprise Fund THE UPS STORE Shipping of defective card readers to APEX 9.96 60 Enterprise Fund THE UPS STORE Shipping of NPDES samples 94.53 60 Enterprise Fund TRAVIS KISSIRE Per Diem TKissire PW Strategic Leadership McCall 9/16/2018 127.50 60 Enterprise Fund TRUEPOINT SOLUTIONS LLC TruePoint 2018 User group class Jackie McCloughan 75.00 60 Enterprise Fund UNITED OIL Oil for mixer 1, digester 5 (3 qty)38.10 60 Enterprise Fund USA BLUEBOOK Lens Wipes, Meter Flange Gasket Qty 53 175.97 60 Enterprise Fund USA BLUEBOOK Measuring Wheel, Hydrant Wrench Qty 4 222.93 60 Enterprise Fund VALLEY CUSTOM TRACTOR SERVICES Mowing of Vacant Lot @ Ustick & Ten Mile 650.00 60 Enterprise Fund WARREN STEWART Per Diem WStewart PW Strategic Leadership McCall 9/16/18 127.50 60 Enterprise Fund WASTECORP PUMPS LLC 9 inch plunger pump ring sets (3 qty)968.66 Date: 8/23/18 01:37:51 PM Page: 13Meridian City Council Meeting Agenda August 28, 2018 – Page 93 of 244 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 WAYNCO CONSTRUCTION Refund 99011023-01, Dumpster Deposit @ 3415 W Cherry Lane 800.00 60 Enterprise Fund WESTERN STATES AUTOMATION, LLC APG Ultra Sonic Level Sensor Qty 2 1,469.14 60 Enterprise Fund WW GRAINGER, INC Pigskin leather gloves, HVAC filters & hose clamp (28 qty) 145.55 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB570607 b/w (528) qty & color images (1,103 qty)57.79 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB576316 b/w & color images for 6/30/18-8/13/18 29.50 Total 60 Enterprise Fund 276,973.19 Report Total 461,947.62 Date: 8/23/18 01:37:51 PM Page: 14Meridian City Council Meeting Agenda August 28, 2018 – Page 94 of 244 City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 7 Project File Number: Item Title: Items Moved From Consent Agenda Meeting Notes: City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 8 A Project File Number: Item Title: Fuller Park Transfer Fuller Park Transfer from Western Ada Recreation District (WARD) Meeting Notes: � GG -(�,� -F9�M G �j. C� j✓�� v I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Estimated Time f or P resentation: Title of I tem - F uller P ark T ransfer from Western Ada Recreation District (WARD ) C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate L etter from W A R D Cover Memo 8/25/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/24/2018 - 11:46 A M Meridian City Council Meeting Agenda August 28, 2018 – Page 95 of 244 Meridian City Council Meeting Agenda August 28, 2018 – Page 96 of 244 City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 8 B Project File Number: Item Title: Approval for Request for Plastics Processing Fee Recommend Approval of Request for a Plastics Processing Fee to be Added to the Residential and Commercial Sections of the Solid Waste Rate Table Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: S teve Cory, S WAC C hair Estimated Time f or P resentation: 30 Title of I tem - Recommend Approval of Request for a Plastics P rocessing F ee to be Added to the Residential and C ommer cial S ections of the Solid Waste Rate Table Update of S o lid Was te Advis o ry C ommittee d is cus s io n regarding rates fo r F Y2019 C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate P ublic Works.Coles, C.J ay Approved 8/24/2018 - 2:32 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 97 of 244 City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 8 C Project File Number: H-2018-0032 Item Title: Reconsideration of Decision — Entrata Farms Request for Reconsideration of Decision for Entrata Farms (H-2018- 0032) by James Doolin, FIG Village at Parkside, LLC Meeting Notes: ��P lCi��T Q",✓ �� I TEM SHEET C ouncil Agenda I tem - 7.C. Presenter: Estimated Time f or P resentation: Title of I tem - Request for Reconsideration of Decision for E ntrata F arms (H-2018-0032) by J ames Doolin, F I G Village at P arkside, L L C C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Request f or Reconsideration B ackup Material 7/27/2018 F F C L Findings/Orders 7/27/2018 Minutes from C ity C ouncil 2018-06-19 Cover Memo 8/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 7/27/2018 - 12:06 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 98 of 244 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR RECONSIDERATION OF ENTRATA W.111a � BY JAMES DOOLIN, FIG VILLAGE AT PARKSIDE LLC APPELLANT. C/C 8-28-2018 Case No. H-2018-0032 WRITTEN MEMORANDUM OF CITY COUNCIL ACTION TO DENY REQUEST FOR RECONSIDERATION AND AFFIRM ITS DECISION IN THE MATTER A Request for Reconsideration dated July 16, 2018 and a Supplemental Request for Reconsideration dated July 19, 2018 of the above -captioned matter by the appellant James Doolin, FIG Village at Parkside LLC was properly filed. The City Council scheduled the request to be considered at its regularly scheduled meeting on August 28, 2018 and provided Notice of such to the appellant. The City Council considered the written request and AFFIRMED its decision as set forth in the Findings of Fact, Conclusions of Law, and Decision and Order dated July 10, 2018. An affected person aggrieved by the final decision in this matter may seek judicial review as provided by chapter 52, title 67, Idaho Code. By action of the City Council at its regular meeting held on the 28th day of August, 2018 ROLL CALL ON MOTION TO AFFIRM its decision as set forth in the Findings of Fact, Conclusions of Law, and Decision and Order dated July 10, 2018: COUNCILMAN TREG BERNT COUNCILMAN JOE BORTON COUNCILMAN LUKE CAVENER COUNCILWOMAN GENESIS MILAM COUNCILMAN TY PALMER COUNCILWOMAN ANN LITTLE ROBERTS VOTED YEA VOTED YEA VOTED YEA VOTED _YEA VOTED _YEA VOTED. YEA MAYOR TAMMY de WEERD (TIE BREAKER) VOTED N/A REQUEST FOR RECONSIDERATION Case No. H-2018-0032 PAGE 1 OF 2 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN I, C.JAY COLES, City Clerk of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached is a true and correct memorandum of the decision made on the public record by the City Council of the City of Meridian at its regularly scheduled meeting on the 281h day of August, 2018. STATE OF IDAHO, ss. County of Ada, ) On this 2X day of August, 2018, before me, rk en 2 , a Notary Public, appeared C.JAY COLES, known or identified to me to be the C' Clerk of the City of Meridian, Idaho that executed the said document, and acknowledged to me that he executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 011 dfliva 00�� (SEAL) •�. yENE `•. Notary Public of Idaho oQAojto Commission Expires: 3 -a 8 - ao r • PUB, C, ••'�5�`92)E 009�•'�• Copy mailed to the Appellant, the Community Development Department, and City Attorney. By: City Clerk's Office REQUEST FOR RECONSIDERATION Case No. H-2018-0032 Dated: 9 av `is PAGE 2 OF 2 Julie Klein Fischer, ISB No. 4601 Jillian G. Gordon, ISB No. 10549 MORROW & FISCHER, PLLC 332 N. Broadmore Way, Ste. 102 Nampa, Idaho 83687 Telephone: (208) 475-2200 Facsimile: (208) 475-2201 j L ischer morrow Scher. eon7 igordon@inorroyy scher.coin Pt-,T V J V9 Attorneys for James Doolin, FIG Village at Parkside, LLC; 2FP, LLC IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF IDAHO IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING (AZ) OF 19.07 ACRES OF LAND WITH AN R-40 ZONING DISTRICT; PRELIMINARY PLAT PP) CONSISTING OF 60 BUILDINGS AND 3 COMMON LOTS ON 18.18 ACRES OF LAND IN THE R-40 ZONING DISTRICT; AND, CONDITIONAL USE PERMIT (CUP) FOR A MULTI -FAMILY DEVELOPMENT CONSISTING OF 278 DWELLING UNITS IN AN R-40 ZONING DISTRICT Case No. H-2018-0032 SUPPLEMENTAL REQUEST FOR RECONSIDERATION COME NOW movant James Doolin, FIG Village at Parkside, LLC, a Utah corporation, ("FIG Village") by and through their attorneys of record, Morrow and Fischer, PLLC, and hereby submits a Supplemental Request for Reconsideration following their original submission dated July 16, 2018 (hereto attached). FIG Village respectfully asks the Meridian City Council to reconsider its findings contained in the July 10, 2018 Findings of Fact and Conclusions of Law and Decision & Order, which denied FIG Village's request for annexation and zoning. FIG Village submits the following Supplemental Request to be read and considered jointly with its original Request for Reconsideration. The Supplemental Request is intended to address specific deficiencies in the Order pursuant to § 1-7-10 of the Meridian City Code. SUPPLEMENTAL REQUEST FOR RECONSIDERATION - I Meridian City Council Meeting Agenda August 28, 2018 – Page 99 of 244 A. The Meridian City Council's Conclusions of Law Contained in the Order Failed to Satisfy the Council's Obligation Under Idaho Code §67-6535 As was stated in the original Request, FIG Village understands that the Council may exercise and rely on its discretion to make certain determinations. In its discretion, the Council determined that, in this case, "Annexation is not in the best interest of the City." The Council cited to the probability that urban services may not be able to be reasonably provided to the proposed development — a finding which FIG Village addressed at some length in its original Request — but provided no concrete information or data points underlying that particular finding. In fact, this concern is the Council's only reasonably articulated basis for its decision to deny FIG Village's proposal. Section 67-6535 of the Idaho Code sets forth requirements for local governments to control and direct local land use planning, known as the Idaho Local Land Use Planning Act or LLUPA. The Council's responsibility to applicants under LLUPA is explained by §67-6535(2), which states, The approval or denial of any application required or authorized pursuant to this chapter shall be in writing and accompanied by a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record. The Council's Order provided two conclusions that may be identified as possible explanations for its denial: first, the Council determined that urban services may not be able to be reasonably provided to the proposed development and, second, that annexation at this time is not in the best interest of the City. Regarding the first determination, the Council attributed its concern to the recent increase in the City's population and the City's questionable ability to maintain and provide adequate SUPPLEMENTAL REQUEST FOR RECONSIDERATION - 2 Meridian City Council Meeting Agenda August 28, 2018 – Page 100 of 244 emergency services should its population continue to increase. Simply put, this explanation is not sufficient under §67-6535. The statute requires the Council to provide concrete data to explain and support any decision to deny an application. Here, the Council based its decision upon a purely speculative forecast of the City's population growth and provided no facts to support its conclusion; in fact, the only definitive facts cited by the Council are those that lend support to the proposal. Again, FIG Village refers the Council to its original Request which addresses this aspect of the Order in further detail. Perhaps the broader basis for the Council's denial is articulated by its conclusion that the Entrata Farms development is not in the best interest of the City at this time. Again, this conclusion is insufficient. While the Council has discretion to approve or deny the annexation proposal, the Council's authority to exercise its discretion does not negate its responsibility under §67-6535 to provide applicants with verifiable, concrete data underlying any denial. Interestingly, during the June 10, 2018 public hearing, Councilman Palmer raised this issue of the Council's responsibility toward land use applicants: the Councilman stated that the Council bears a responsibility to provide data to applicants to back up any decision to deny annexation proposals. Councilman Palmer noted that, unless and until a new Comprehensive Plan is available, the Council had no such data in this case to warrant denial of FIG Village's application. Absent such data to explain or justify its denial of FIG Village's application, the Council fails to meet the requirements set forth by §67-6535. As such, FIG Village respectfully submits that identification of this deficiency with the Council's decision fulfills its obligations under §1-7-10 of the Meridian City Code and requests that the matter be scheduled for a hearing. It should be noted that the attitude and sentiment FIG Village hoped to convey in its original Request is its desire to work constructively with the Council toward a possible solution in this SUPPLEMENTAL REQUEST FOR RECONSIDERATION - 3 Meridian City Council Meeting Agenda August 28, 2018 – Page 101 of 244 matter, rather than focus on the merits or insufficiencies of the current decision. To an extent, FIG Village's ability to realize this intended goal has been constrained by the Council's reliance on the somewhat broad conclusion that the Entrata Farms development is not in the best interests of the City at this time. The Council recently held a public meeting on July 10, 2018 and briefly addressed the decision to deny the Entrata Farms proposal. During that meeting, Mayor Tammy referred to other reasons for the Council's denial; however, the Order fails to state any of these reasons to which the Mayor alluded. Under §1-7-10 of the Meridian City Code, applicants seeking reconsideration must identify specific deficiencies in the Council's decision. This requirement necessarily assumes that the Council's decision will contain a certain degree of specificity that may be later used as a basis for the applicant's request for reconsideration. Here, the Council failed to include specific findings in its decision. This failure has directly impacted FIG Village's ability to seek reconsideration in the first place, as certain assumptions must be made absent any guidance from the Council as to how it concluded that a project, which otherwise meets or exceeds all criteria, should be denied. FIG Village reiterates the ideas and sentiments conveyed in the original Request for Reconsideration in hopes that the Council and FIG Village may work constructively together to provide this opportunity for the City of Meridian and its residents. Therefore, based on the foregoing and in conjunction with the reasons stated in its July 16, 2018 Request for Reconsideration, FIG Village respectfully requests that the Council reconsider the Entrata Farms proposal. SUPPLEMENTAL REQUEST FOR RECONSIDERATION - 4 Meridian City Council Meeting Agenda August 28, 2018 – Page 102 of 244 DATEDA-1 JJMI % D I Cr 61 MORROW & FISCHER, PLLC Ji]Ufin G. Gordon Julie Klein Fischer Attorneys for James Doolin, FIG Village at Parkside, LLC SUPPLEMENTAL REQUEST FOR RECONSIDERATION - 5 Meridian City Council Meeting Agenda August 28, 2018 – Page 103 of 244 Julie Klein Fischer, ISB No. 4601 Jillian G. Gordon, ISB No. 10549 MORROW & FISCHER, PLLC 332 N. Broadmore Way, Ste. 102 Nampa, Idaho 83687 Telephone: (208) 475-2200 Facsimile: (208) 475-2201 ifi.vcher@.morrowlischet-.comschet-.cum jgordon+@3a morrowfischer.cam Attorneys for James Doolin, FIG Village at Parkside, LLC; 2FP, LLC IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING (AZ) OF 19.07 ACRES OF LAND WITH AN R-40 ZONING DISTRICT; PRELIMINARY PLAT PP) CONSISTING OF 60 BUILDINGS AND 3 COMMON LOTS ON 18.18 ACRES OF LAND IN THE R-40 ZONING DISTRICT; AND, CONDITIONAL USE PERMIT (CUP) FOR A MULTI -FAMILY DEVELOPMENT CONSISTING OF 278 DWELLING UNITS IN AN R-40 ZONING DISTRICT Case No. H-2018-0032 REQUEST FOR RECONSIDERATION COME NOW movant James Doolin, FIG Village at Parkside, LLC, a Utah corporation, ("FIG Village") by and through their attorneys of record, Morrow and Fischer, PLLC, and hereby move the Meridian City Council for reconsideration of the Findings ofFact and Conclusions ofLaw and Decision & Order ("Order"), entered July 10, 2018 by the Meridian City Council, which denied FIG Village's proposal for annexation and zoning of the Entrata Farms development. FIG Village respectfully requests that the Council reconsider the Entrata Farms proposal on the basis that the proposal currently meets all relevant criteria under the City of Meridian Comprehensive Plan and will ultimately benefit the City and its residents. FIG Village is mindful of the concerns expressed during the June 19, 2018 public hearing and respectfully asks the Council to reconsider its decision REQUEST FOR RECONSIDERATION - Meridian City Council Meeting Agenda August 28, 2018 – Page 104 of 244 with the understanding that FIG Village remains open and flexible to further discussion and feedback from the Council on how best to accommodate the interests of the City. Introduction In support of its request, FIG Village offers two main bases for reconsideration. First, FIG Village is willing to implement a phasing strategy which may alleviate the Council's concerns regarding potential undue strains on the City's existing resources. Second, FIG Village would like to amend its original proposal regarding property ownership to specify that all property owners will be required to use the same property management company. FIG Village believes that this dual approach appropriately addresses the Council's overarching concerns while retaining the goals and spirit of the Entrata Farms development project FIG Village hopes to provide to the City and residents of Meridian. Additionally, FIG Village echoes the sentiments expressed in the Requests for Reconsideration regarding the Entrata Farms development project submitted by Mr. Russ Fulcher and Mr. Mark Bottles (attached hereto as Exhibits A and B). FIG Village's efforts toward this project were guided by the City of Meridian Comprehensive Plan and the Ten Mile Interchange Specific Area Plan. FIG Village endeavored to remain faithful to the regulatory requirements as well as the spirit of these plans; FIG Village believes the project succeeded in those efforts. As both Mr. Fulcher and Mr. Bottles pointed out, the Planning and Zoning Committee unanimously approved and praised the project for not only meeting but exceeding the City's criteria for such projects. FIG Village understands that the Council may exercise discretion when evaluating annexation proposals and asks that the Council use its discretion to reconsider the genuine efforts expended leading up to the June 19th, 2018 hearing, as well as the far-reaching impact the Council's decision may have should its denial be upheld. REQUEST FOR RECONSIDERATION - 2 Meridian City Council Meeting Agenda August 28, 2018 – Page 105 of 244 As such, FIG Village respectfully submits the following Request for Reconsideration and requests that the Council further consider the Entrata Farms development proposal. Discussion A. Phasing Strategy: FIG Offers To Incorporate A Phasing Strategy Into Its Current Development Plan Under Section 3.01.01 of the City of Meridian Comprehensive Plan, the City pledges to Provide facilities and services that keep up with growth." The Council relied on this provision to evaluate the Entrata Farms proposal, and ultimately determined that "urban services may not be able to be reasonably provided to the proposed development while maintaining the current levels of service for existing residents, including residents for projects previously approved, but not yet constructed, as well as future residents of this project." The Council focused in particular on the quality and availability of the City's emergency services to the growing population of Meridian and expressed concern that, if approved, the Entrata Farms development might place an undue burden on the City's existing resources. Firstly, while the Council's concern is certainly understandable in light of the City's unprecedented recent growth, FIG Village maintains that the Entrata Farms development would not present an immediate additional burden on the City's resources. There is no current estimated completion date for the project, but it is reasonable to assume that completion of the construction and implementation of services would be relatively gradual. In order to better address the Council's concerns, however, FIG Village is willing to incorporate a phasing strategy for its development of the Entrata Farms project. The Council briefly alluded to the possibility of a phasing strategy during the public hearing and FIG Village believes that a phasing strategy may best accommodate the goals of the project as well as the City's REQUEST FOR RECONSIDERATION - 3 Meridian City Council Meeting Agenda August 28, 2018 – Page 106 of 244 best interests. Given the opportunity, FIG Village can develop a phasing plan to present to the Council for its consideration. Regarding the City's existing infrastructure and emergency services, it should be noted that Meridian Fire Station #2 is located within two miles of the chosen property site; likewise, there is planned construction, scheduled to take place in January 2019, for a future fire station to be located near Overland Road and Linder Road which is approximately 3.1 miles from the property site. Additionally, the Meridian Police Department's area of service currently includes the area surrounding the property site of the Entrata Farms development. Representatives from both the fire and police departments were present during the June 19, 2018 hearing. Upon questioning, the representative from the police department acknowledged that the development would likely result in increased service calls but could not predict whether this projected increase would necessarily have a negative impact upon the department. Prior to the hearing, both departments were given an opportunity to review and comment on FIG Village's application. The comments submitted to the Council and reflected in the Staff Report address several issues but notably do not include any concerns regarding levels of service or lack of resources. Presumably, these departments would be in the best positions to provide this pertinent information; yet, neither department voiced any of the concerns raised by the Council, despite having opportunities to do so before and during the June 19, 2018 hearing. Overall, the City's existing and planned future infrastructure suggests that it will be adequately equipped to provide necessary emergency services to its residents. However, to the extent that the Entrata Farms development may present challenges to the City's services, FIG Village respectfully requests that the Council take into consideration its proposal to build the development in phases REQUEST FOR RECONSIDERATION - 4 Meridian City Council Meeting Agenda August 28, 2018 – Page 107 of 244 as a constructive way to address its concerns while also allowing this opportunity for the City of Meridian and its residents. B. Property Ownership: All Owners Will Be Required To Use The Same Property Management Company While not addressed in the July 10, 2018 Order, the Council expressed some discontent with the original proposal's application regarding property ownership. After further discussion, FIG Village would like to amend its original application to allow for restrictions on property management to one manager/one property management company used by all property owners. Specifically, terms of property ownership will include a requirement that the Owners' Association enter into a written management agreement with one property management company to manage the leasing of all units within the development. In this way, FIG Village urges the Council to view the operation and property ownership issue of Entrata Farms as similar to that of an apartment complex: while the units may have different owners, any application for ownership will necessarily require a certain uniformity when it comes to managing the properties. Again, while not specifically addressed in the Order, FIG Village understands the Council's ambivalence toward the idea of one development containing multiple property owners. FIG Village submits that requiring property owners to agree on one property management company provides a reasonable solution to any anticipated problems posed by the initial application. C. The Entrata Farms Development Meets The Goals And Objectives of the City of Meridian Comprehensive Plan And The Ten Mile Interchange Specific Area Plan From the outset, the Entrata Farms project intended the chosen property site to be developed in a manner that would make best use of the land in conjunction and compliance with the City of REQUEST FOR RECONSIDERATION - 5 Meridian City Council Meeting Agenda August 28, 2018 – Page 108 of 244 Meridian Comprehensive Plan ("Comprehensive Plan"). The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan ("Ten Mile Plan") and is designated High Density Residential" on the Comprehensive Plan Future Land Use Map, attached hereto as Exhibit C. It is undisputed that the Entrata Farms project complies with the Comprehensive Plan. FIG Village submits that the proposed development also meets the goals and objectives of the Ten Mile Plan by providing high-density housing in close proximity of employment areas, commercial areas and transportation corridors. To these ends, the Entrata Farms development will offer needed housing to serve the growing population of the workforce within the Ten Mile commercial and office corridor, including Paylocity and AmeriBen. Additionally, Entrata Farms will provide housing within close proximity of the Ten Mile/I-84 interchange. Overall, this development fits within the original intent of the Ten Mile Plan by providing anticipated high-density housing needs within the core area of the Ten Mile Interchange Area. Likewise, it should be noted that, last year, Ada County Highway District ("ACHD") completed the expansion of Franklin Road to five lanes from Ten Mile Road to Black Cat. In conjunction with the road widening, Meridian City's utilities were extended from Ten Mile Road past the subject property along Franklin to Black Cat. The land owner provided ACHD/Meridian City an easement along the subject property, attached hereto as Exhibit 1), to stub utilities into the subject property as well as extend them through his property fronting Franklin Road. The proposed development would not require any additional capital improvements from the City in order to provide utility services to the site. Finally, based on the City's actions of stubbing utilities to the subject site, and extending these services down to Black Cat, it can be reasonably assumed that the REQUEST FOR RECONSIDERATION - 6 Meridian City Council Meeting Agenda August 28, 2018 – Page 109 of 244 City has intentions of annexing and providing utility services to the subject site and numerous other potential sites from Ten Mile Road to Black Cat. CONCLUSION As the Council noted, the Entrata Farms proposal offers many attractive qualities to the City and residents of Meridian. The Entrata Farms development makes excellent use of the chosen property site, complies with the City's Comprehensive Plan, and ultimately, will benefit the future growth and prosperity of Meridian City. For these reasons, the City's interests can be best served through the approaches detailed above. Therefore, based on the foregoing, FIG respectfully requests the Meridian City Council grant the Request for Reconsideration. DATED: -JaI 2.0 MORROW & FISCHER, PLLC lian G. Gordon Julie Klein Fischer Attorneys for James Doolin, FIG Village at Parkside, LLC REQUEST FOR RECONSIDERATION - 7 Meridian City Council Meeting Agenda August 28, 2018 – Page 110 of 244 Muss FULCHER Honorable Mayor Tammy DeWeerd July 11, 2018 Members, Meridian City Council: Honorable Treg Bernt Honorable Ty Palmer Honorable Joe Borton Honorable Anne Little Roberts Honorable Luke Cavener Honorable Genesis Milam Re: Entrata Farms — AZ, CUP, PP (H-2018-0032) — Request for Reconsideration Honorable Mayor, and Members of the Meridian City Council: Thank you for your service to the people of my hometown. I have a special appreciation for those willing to serve in government, especially at the level closest to the constituency. This request comes as a result of your hearing on June 19, 2018 regarding the application submitted by Entrata Farms. As associate broker and real estate agent, I am representing the land owner (2FP, LLC); and have a fiscal interest accordingly. On June 19, this project was denied. Based on the following, I respectfully request your reconsideration: 1. USE COMPLIANT WITH COMPREHENSIVE PLAN: This site was selected for development by the applicant because the proposed use is consistent with the city's comprehensive plan and neighboring uses. Denial of a project consistent with the comp plan potentially damages the land owner — not only by terminating this project, but by sending a signal to future applicants of risk and uncertainty. 2. EXISTING INFRASTRUCTRE IN PLACE: As noted by the unanimous approval of Planning and Zoning staff, the city's existing infrastructure is in place to accommodate the applicant's project. The existence of such infrastructure makes the applicant's proposed use the "highest and best use" for this property. The land owner is damaged if they can't develop in accordance with "highest and best use". 3. NEED: The geography, culture, economy, infrastructure, and quality of life in Meridian are attractive and resulting in unprecedented growth. Sometimes, especially for those responsible for governing, this is considered an "injury of excellence". However, it also means projects like the one proposed by are needed. Nearby businesses such as Paylocity, Ameriben (and possibly Amazon) create employment and economic growth; but the human resources needed to fuel this economic engine need options where to live. This project provides some options. Thank you for your consideration. If desired, please feel free to contact me directly. Sincerely, EXHIBIT Russ Fulcher P.O. Box 1375 Meridian, ID 83680 208 576 4624 Russ@RussFulcher.com Meridian City Council Meeting Agenda August 28, 2018 – Page 111 of 244 MARK BOTTLES REAL ESTATE SERVICES 839 S. Bridgeway Place Eagle, Idaho 83616 Honorable Mayor Tammy DeWeerd Meridian City Council City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Re: Entrata Farms — AZ, CUP, PP (H-2018-0032) — Request for Reconsideration Dear Mayor and Council Members, July 1311, 2018 I am writing this letter to address the hearing on June 19" in which the above mentioned development for Entrata Farms was presented to the Council for consideration. 1 am the broker of my firm, Mark Bottles Real Estate Services, that represented James Doolin of Fig Development, LLC in the purchase of the land, as well as Dennis Fulcher in the sale of his property through Russ Fulcher, an agent in my office. First, l would like to thank you all for your service to this City. It is not lost on me how much effort you all make to ensure that Meridian is a fantastic City for life and family, and having worked with the City of Meridian for over 25 years on development and real estate transactions l can say without hesitation that what Meridian has become is something that the local government should be quite proud of. As you know I am a real estate broker who is deeply involved with your citizens, especially those with development land that are looking to sell. Quite often I am sitting in the living rooms of families with a farm, an inherited tract of land, or their own personal homestead that has now come into the path of progress and they look to me to seek guidance on the highest and best use for the property and list their property for sale. I have been one of the most active brokers for development land in your City and have had the opportunity to work with many landowners on identifying the type of buyer they should target for their property. As we sit down to discuss, one of the primary inputs we seek is what the City has planned for the future use for the property. It is based on these plans that we identi fy a price for the highest and best use, as the price will vary greatly depending on what type of product can be placed on the property. We work hard to manage landowner expectations. Often these sales are their means to retire, or are the inheritance proceeds for children, and the implications are significant. Beyond working with landowners, I represent a great many end users or developers in the purchase of land in Meridian. Again, as I seek land that will fit their use, be it retail, office, multifamily, single family, or otherwise, we target property that is intended for their future use, whether zoned or in the comprehensive plan, or even more specifically to this example in the Ten Mile Interchange master plan. Often these developers are wanting to find a property where their product is a conforming use, as they have time constraints and heavy expense associated with working towards development and they want to use their time and money towards a project that has a high opportunity to succeed. Development is a great risk, as often these developers have spent over a year in time and tens of thousands in expense before the project comes before your Council for consideration. 839 S. Bridgeway Place, Eagle, Idaho 83616 PH: 208.377.5700 FX: 208.377.0035 EXHIBIT is aD 49 Meridian City Council Meeting Agenda August 28, 2018 – Page 112 of 244 I say all of this to provide background as to my request for reconsideration on the Entrata Farms project. In this case my firm represents both scenarios that I've described above. We have a landowner, heavily impacted by this decision, as should his property not receive approval for multifamily as it states in the comprehensive plan, his property value will drop significantly. We also have a developer, who recently received praise from your Council for their project called Brickyard at Centrepoint Marketplace, and asked us to help them find another property where they could accomplish the same type of project with a high expectation for success. The subject property fit the criteria needed on all fronts, and through positive feedback in the planning stages, unanimous approval from Planning and Zoning, and welcome reception from neighbors we anticipated the June Council meeting to be a great success story of pairing the proper landowner with the right developer. I am concerned with the outcome of the meeting as I believe the impacts are far reaching. The Entrata Farms proposal complied with the intended use for the property according to the Future Land Use Map, the City of Meridian Comprehensive Plan, and the Ten Mile Interchange Specific Area plan. There was no indication along the way that there would be hesitation from the City, and much time and money was spent. I've since had several conversations with developers regarding this decision, and they have stated they will be more reticent to make financial commitments to sellers (i.e. non-refundable Earnest Money) on land transactions until they receive final approvals as they are concerned that despite best efforts to comply they may still fail to cross the finish line. I've had one developer simply ask me not to show them any more land in Meridian. l am concerned with listing proposals for landowners, as managing expectations for what they can sell their property for becomes more difficult if they don't believe the stated intent for their property will be followed. The time horizon will become longer for them to sell if developers won't commit until they receive full approvals. As you can see, there are many ramifications to consider with the precedent set by this decision. i kindly ask you to reconsider, l believe in the project, and also believe the developer is open to feedback and very willing to provide a project that your Council is eager to bring into your great City. I would add that going forward the feedback should come to the developer earlier in the process, as it is the City's job to convey to the developer during the planning phase what is desirable to the Council, and having participated in planning meetings for this project, I don't believe what was brought up at Council had been conveyed to the developer prior to the meeting for approval vote. That said, I also firmly believe it imperative for the City to follow its own guidelines for property uses, as it is critical that both the owners of the land, as well as prospective developers bringing projects into Meridian believe that the City's stated plans for the property can be relied on. We want to keep building this great City with projects of merit, and provide land owners with opportunities to receive what they deserve in a timely fashion for their piece of property. I respectfully ask that Entrata Farms be re -visited, as I believe on all counts that it will benefit the City of Meridian to approve this project. Best Regards, BottlesMark Broker/Owner Mark Bottles Real Estate Services Cc: Brian Rallens, Mark Bottles Real Estate Services 839 S. Bridgeway Place, Eagle, Idaho 83616 PH: 208.377.5700 FX: 208,377.0035 Meridian City Council Meeting Agenda August 28, 2018 – Page 113 of 244 Vi 5 w LU E15 O C O C L 6 O N a c a) al = 3 p .3 a) O= .o C u O p o= oNNO o a p ¢ o} m`o EC) N'c 0 0 oNao 3 ° P—>ma a) cc °)ops }_ u ac Q p L a o U E 3a) Ocx mQ` o' E a,U N U Q O c O -j7j u E a) L 0 0 a) r}>ap°} E oOE E ) c uata Tocv Ea°'i3mcao-'5 a o O 2 T U C Q T O N p C a) N N tzC)a) o o °E o °0 o O> E o 0- m c)° o aa)°E °DuaEu oEa°xoUOUUCU9OmC5ENCC Ll IS j O a) a s a) a 02 c C a 3CO— a)o N 6 0 N O> ) N N C O C OO a E C p O a° O CR) 66 _ L O O) N a U 0 OE p o'3 0 ° ° LL 0 o p c m o yr °° O E m aC a Q - C o °a a o o U c 3° .'_' Oj p p QT°OEEu000a)° E O O O w p in r p7 Q O p = 3 a) o 0)0-- C T L fE— p p C c 0 0 9 3 o 0 uEw. a cl Q) ccoaE 3 - (aD c.)— O O-- a)° O N a c' O p -E O O LE U o o U o a E oc o a a 3 a' ._ a) . L a p 0 p a a E O c)oEa mD- LE Too-o a) aoo m o -Q N 2 EXHIBIT D ace3 i Y E15 O C O C L 6 O N a c a) al = 3 p .3 a) O= .o C u O p o= oNNO o a p ¢ o} m`o EC) N'c 0 0 oNao 3 ° P—>ma a) cc °)ops }_ u ac Q p L a o U E 3a) Ocx mQ` o' E a,U N U Q O c O -j7j u E a) L 0 0 a) r}>ap°} E oOE E ) c uata Tocv Ea°'i3mcao-'5 a o O 2 T U C Q T O N p C a) N N tzC)a) o o °E o °0 o O> E o 0- m c)° o aa)°E °DuaEu oEa°xoUOUUCU9OmC5ENCC Ll IS j O a) a s a) a 02 c C a 3CO— a)o N 6 0 N O> ) N N C O C OO a E C p O a° O CR) 66 _ L O O) N a U 0 OE p o'3 0 ° ° LL 0 o p c m o yr °° O E m aC a Q - C o °a a o o U c 3° .'_' Oj p p QT°OEEu000a)° E O O O w p in r p7 Q O p = 3 a) o 0)0-- C T L fE— p p C c 0 0 9 3 o 0 uEw. a cl Q) ccoaE 3 - (aD c.)— O O-- a)° O N a c' O p -E O O LE U o o U o a E oc o a a 3 a' ._ a) . L a p 0 p a a E O c)oEa mD- LE Too-o a) aoo m o -Q N 2 EXHIBIT D ace3Meridian City Council Meeting Agenda August 28, 2018 – Page 114 of 244 ADA COUNTY RECORDER Christopher D. Rich 2015-116569BOISEIDAHOPgs=5 DAWN TRIVOLIS 12/23/2015 10:25 AMMERIDIANCITYNOFEE III 11111111111l1111111111111111111111111111111 I4 00178081201501185890050051 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this as day of c rn r , 201S between Matthew Lebaron , the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain., service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement 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, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. EXHIBIT Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc a Meridian City Council Meeting Agenda August 28, 2018 – Page 115 of 244 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President Secretary Address STATE OF IDAHO ) ss. County of Ada ) On this 2 8 day of 20 15- , before me, the%erpigned, a Notary Public in and for said State, per rally appeared Q H and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESseOF, I have hereunto set my hand and affixed my official seal the dayutr; and y s#ryvritten.. r Sr NO ARY PUBLIC FOR ID O pu s L I `4 Residing at: Q- p1 l` Commission Expires: `7 . Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc Meridian City Council Meeting Agenda August 28, 2018 – Page 116 of 244 GRANTEE: CITY OF MERIDIAN Tammy de WperdAayor may— 4o pT o nL4 sT Attest Jaycee L. Holman, City Clerk •` ' k of Approved By City Council On: ©IAN IbAHO c SEAL y ywF l 1r IRE aB'-1A0 STATE OF IDAHO, ) ss County of Ada ) On this day of DeCrr,err , 20 L , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Sanitary Sewer and Water Main Easement NOTARYP AHO Residing at: Commission Expires: EASMT S&W 11-15-13.doc Meridian City Council Meeting Agenda August 28, 2018 – Page 117 of 244 EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 30 — MATTHEW LeBARON An easement for utility purposes located in the SE '/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said SE '/4 from which a brass cap monument marking the southeasterly corner of said SE '/4 bears S 89°15'24" E a distance of 2640.81 feet; Thence S 89°15'24" E along the southerly boundary of said SE'/ a distance of 369.33 feet to a point; Thence leaving said southerly boundary N 0°44'36" E a distance of 33.88 feet to the POINT OF BEGINNING; Thence continuing N 0°44'36" E a distance of 20.00 feet to a point; Thence S 89°15'24" E a distance of 32.00 feet to a point; Thence S 0°44'36" W a distance of 20.00 feet to a point on the northerly right-of-way of Franklin Road; Thence N 89°15'24" W along said northerly right-of-way a distance of 32.00 feet to the POINT OF BEGINNING. This parcel contains 640 square feet (0.015 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated ,q PFI! p46 May 8, 2015 '`' s U y aQ y 5082 Meridian City Council Meeting Agenda August 28, 2018 – Page 118 of 244 A- r 1/4 EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SE 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. o 4 c; N POINT OF BEGINNING w aloo ofz 33' 1. LAN© oif K. M 30 MATTHEW LeBARON S 89'15'24" E 32.00' UTILITY EASEMENT 32.00'_ _ N 89' 15'24" W 0 a 2271 S 89'15'24" E 2640.81' FRANKLIN ROAD SCALE: 1 "=20' 101,,1' 1 15'x14 CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 208)888-4312 Meridian City Council Meeting Agenda August 28, 2018 – Page 119 of 244 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR DENIAL L IDIA \ ,- IUAH+ In the Matter of the Request for Annexation and zoning (AZ) of 19.07 acres of land with an R-40 zoning district; Preliminary plat (PP) consisting of 60 building lots and 3 common lots on 18.18 acres of land in the R-40 zoning district; and, Conditional use permit (CUP) for a multi -family development consisting of 278 dwelling units in an R-40 zoning district, by James Doolin, Fig Village at Parkside, LLC. Case No(s). H-2018-0032 For the City Council Hearing Date of: June 19, 2018 (Findings on July 10, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 19, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 19, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 19, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 19, 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 Meridian Council shall apply the standards listed in Idaho Code §67-6511 and §11-513-3 and 11-513-6 of the Unified Development Code to review the annexation application and the preliminary plat and conditional use permit. 4. Urban services may not be able to be reasonably provided to the proposed development while maintaining the current levels of service for existing residents in the City, including residents for projects previously approved, but not yet constructed, as well as the future residents of this project. 5. Annexation at this time is not in the best interest of the City. 6. That this denial is based upon the staff report, applicant and public comments at the public hearing date of June 19, 2018, incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR DENIAL FILE NO(S). H-2018-0032 - 1 - Meridian City Council Meeting Agenda August 28, 2018 – Page 120 of 244 C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation & zoning is hereby denied since the proposed application is not in the best of the City at this time for the reasons set forth in the Staff Report from June 19, 2018. Based on the denial of the annexation & zoning request, the preliminary plat and conditional use permit are consequently denied. D. 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. E. Attached: Staff Report for the hearing date of June 19, 2018. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR DENIAL FILE NO(S). H-2018-0032 - 2 - Meridian City Council Meeting Agenda August 28, 2018 – Page 121 of 244 By action of the City Council at its regular meeting held on the0day of CJ 2018. COUNCIL PRESIDENT JOE BORTON VOTED ye(, COUNCIL VICE PRESIDENT LUKE CAVENER VOTED /e6t COUNCIL, MEMBER ANNE LITTLE ROBERTS VOTED lam COUNCIL MEMBER TY PALMER VOTED / t COUNCIL MEMBER TREG BERNT VOTED l/ COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Ta de Weerd Attest: o Cicy of w E IDIAN& - o Mo ay Cole SEAL Clerk Q'i Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: j-[0- l e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR DENIAL FILEN,OO( 1S). H-2018-0032 - 3- nI Meridian City Council Meeting Agenda August 28, 2018 – Page 122 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 1 STAFF REPORT HEARING DATE: June 19, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Entrata Farms – AZ, CUP, PP (H-2018-0032) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, James Doolin, Fig Village at Parkside, LLC, has submitted an application for the following: Annexation and zoning (AZ) of 19.07 acres of land with an R-40 zoning district; Preliminary plat (PP) consisting of 60 building lots and 3 common lots on 18.18 acres of land in the R-40 zoning district; and, Conditional use permit (CUP) for a multi-family development consisting of 278 dwelling units in an R-40 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, PP and CUP applications based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on May 17, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ, CUP and PP requests. a. Summary of Commission Public Hearing: i. In favor: James Doolin, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: John Carpenter, T-O Engineers, Applicant’s Representative (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. Request for clarification from Staff by the applicant in regard to items noted in the Applicant’s letter to Staff dated May 15, 2018, as follows: The UDC does not have a minimum dwelling unit size in the R-40 district per UDC Table 11-2A-8; the 1,000 square foot requirement refers to minimum property (i.e. lot) size per dwelling unit. The minimum setbacks in the R-40 district measured from the property line for multi- family units are as follows: 20’ to garage, 12’ rear, and 10’ side (the purpose is to provide a minimum 20’ separation between units as required by the Building/Fire Code) – the typical setbacks depicted on the unit layouts in Exhibit A.2 are approved as shown. Street buffers are not required in the R-40 district along local streets (i.e. N. Entrata Way W. Perugia St.) per UDC Table 11-2A-8; A landscape buffer to residential uses is not required along the west property boundary per UDC Table 11-2A-8; EXHIBIT A Meridian City Council Meeting Agenda July 10, 2018 – Page 335 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 123 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 2 Common open space for the overall development is allowed to be provided on individual building lots within the development; A minor amount of landscaping was removed from the total open space calculations depicted in Exhibit A.5 for the right-in turn lane from W. Franklin Rd; the resulting open space still exceeds UDC standards. c. Key Issues of Discussion by Commission: i. The Applicant’s request for the Certificate of Zoning Compliance application to be allowed to be submitted prior to the final plat being recorded instead of after as required in condition 1.3.4. d. Commission Change(s) to Staff Recommendation: i. Strike condition #1.5. 7 as it does not apply to this development (applies to a development agreement modification which is not requested); ii. Modify condition #1.2.3 to add the language, “if allowed by ACHD” (pertaining to the requirement for the storm drainage swale along Franklin Rd. to be vegetated). e. Outstanding Issue(s) for City Council: i. The applicant’s request for a waiver to UDC 11-3A-6B.3 to not pipe the Purdam Drain and leave it open. The Meridian City Council heard these items on June 19, 2018. At the public hearing, the Council denied the subject AZ, PP and CUP requests. a. Summary of City Council Public Hearing: i. In favor: James Doolin, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Concern pertaining to long-term property management of the development with different property owners of each lot (i.e. consistent property maintenance between the units); and ii. Concern regarding ability to maintain existing levels of service in the City if the subject development is approved. d. Key Council Changes to Staff/Commission Recommendation i. Council voted to deny the application based on the concerns noted above and the finding that the proposed annexation and zoning is not in the best interest of the City (see Findings in Exhibit D). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0032, as presented in the staff report for the hearing date of June 19, 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-2018-0032, as presented during the hearing on June 19, 2018, for the following reasons: (You should state specific reasons for denial.) Meridian City Council Meeting Agenda July 10, 2018 – Page 336 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 124 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 3 Continuance I move to continue File Number H-2018-0032 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 3880 & 3882 W. Franklin Road, in the south ½ of Section 10, Township 3 North, Range 1 West. B. Applicant: James Doolin, Fig Village at Parkside, LLC 4685 S. Highland Dr., Ste. 202 Salt Lake City, UT 84117 C. Owners: 2FP, LLC 1002 N. Happy Valley Rd. Nampa, ID 83689 Mathew LeBaron 1214 2nd St. South Nampa, ID 83651 D. Representative: Same as Applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation & zoning, conditional use permit and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 27, 2018 (Commission); June 1, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: April 20, 2018 (Commission); May 25, 2018 Council) D. Applicant posted notice on site(s) on: April 30, 2018 (Commission); June 5, 2018 (Council) VI. LAND USE A. Existing Land Use(s): The site consists of single-family rural residential/agricultural uses, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Multi-family residential (apartments), zoned R-15 South: W. Franklin Rd. and land in the development process (residential), zoned R-8 and R-15 East: Multi-family residential (apartments), zoned R-15 and vacant/undeveloped land, zoned L-O West: Single-family rural residential/agricultural, zoned RUT in Ada County C. History of Previous Actions: None Meridian City Council Meeting Agenda July 10, 2018 – Page 337 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 125 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 4 D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists along the south boundary in W. Franklin Road. 2. Location of water: A water main intended to provide service to the subject site currently exists along the south boundary in W. Franklin Road, and in W. Perugia Street. 3. Issues or concerns: The applicant shall be responsible for the installation of additional water and sewer mains and services to the project. E. Physical Features: 1. Canals/Ditches Irrigation: The Kennedy Lateral runs along the east boundary of this site; the Purdam Drain runs across the southwest corner of the site; and a smaller irrigation ditch crosses the site east/west. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which links to nearby developments. The plan emphasizes the community’s support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community’s commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of future businesses and residents (pg. ix). LAND USE: This property is designated High Density Residential (HDR) on the Comprehensive Plan Future Land Use Map. HDR designated areas in the Ten Mile Area are multiple family housing areas where relatively larger and taller apartment buildings are the recommended building type. A mix of housing types should be included that achieve an overall average density target of at least 16-25 dwelling units per acre with a range of 15 to 40 units per acre. Most developments should fall within or below this range, although smaller areas of higher or lower density may be included. The design and orientation of new high density residential buildings should be pedestrian-oriented, and special streetscape improvements should be considered to create rich and enjoyable public spaces. TRANSPORTATION: A local street is designated on the Future Land Use Map in the TMISAP across this property from the east to W. Franklin Rd. No collector streets are designated on this property although W. Perugia St. will provide an east/west connection between properties north of W. Franklin Rd. and will function much like a collector. Perugia connects to N. Umbria Hills Ave. to the east, which connects to W. Franklin Rd., which will provide access to a future traffic signal. A collector street was formerly designated across this site on the Transportation System Map but was recently removed. DESIGN: Development within the Ten Mile Area should incorporate the following design characteristics: Meridian City Council Meeting Agenda July 10, 2018 – Page 338 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 126 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 5 The applicant proposes to develop a total of 278 multi-family residential units on this site consisting of a mix of townhome style (198) and typical apartment (80) units at a gross density of 15.3 and a net density of 67.6 units per acre. The townhome style buildings are a mix of front (2-story) and rear (2- and 3-story) loaded units; and the apartments are 3-story buildings. The proposed density falls within that desired in HDR designated areas. The mix of housing types provides a variety of rental options and styles of structures within the development. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 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 multi-family residential development will provide a mix of townhome style and typical apartment units for a variety of housing types and rental options. 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 high density development consisting of apartment and townhome style units will provide a range of housing options in this area; staff is unaware how “affordable” the units will be. Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is required to be provided within planter islands in the parking areas on this site in accord with the standards listed in UDC 11-3B-8C; and within street buffers in accord with the standards listed in UDC 11-3B-7C. Provide housing options close to employment and shopping centers.” (3.07.02D) This site is located in close proximity to future commercial development within the Ten Mile corridor between I-84 and Franklin Rd. The proposed development will provide much needed density in this area and housing options for employees in close proximity to their work place along with shopping options. Require open space areas within all development.” (6.01.01A) Meridian City Council Meeting Agenda July 10, 2018 – Page 339 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 127 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 6 The proposed development is required to comply with the minimum common open space design standards listed in 11-4-3-27C for multi-family developments and UDC 11-3G-3 for residential developments of 5 acres or more. The proposed common open space exceeds UDC standards. 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. Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The proposed site plan depicts one access via W. Franklin Rd., an arterial street; direct lot access is prohibited via W. Franklin Rd. 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 is located near a major access thoroughfare, Ten Mile Rd. and I-84; an open space corridor is planned to the west on the south side of W. Franklin Rd. for a multi -use pathway. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Because the proposed development is residential in nature, it should be compatible with existing residential properties to the west although at a much higher density; the property to the west is designated for medium high density residential uses upon redevelopment. The property to the east is developed with like uses (i.e. multi-family apartments) at a similar density. Front-loaded 2-story townhome style structures are proposed along the west property boundary as a transition to the 3- story structures. Work with ACHD, COMPASS, and VRT on bringing public transportation to and through Meridian.” (3.03.04H) A commuter ride pad is depicted on the site plan at the southwest corner of the site along W. Franklin Rd. as desired by VRT. 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 connections should be provided to adjacent properties for future interconnectivity. In accord with the above policies and for the above-stated reasons, staff believes the proposed use is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the 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 permitted, accessory, conditional, and prohibited uses in the R-40 zoning district. A multi-family development is listed as a conditional use in the R-40 zoning district. Meridian City Council Meeting Agenda July 10, 2018 – Page 340 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 128 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 7 C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district apply to development of this site. D. Landscaping: Street buffer, parking lot and buffers to adjoining residential uses are required to be installed in accordance with the standards listed in UDC Table 11-2A-8, UDC 11-3B-7C, 11-3B-8C and 11-3B-9C for the R-40 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi-family dwellings & townhouse dwellings. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the standards listed in the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. ANNEXATION & ZONING (AZ): The applicant requests annexation & zoning of 19.07 acres of land with an R-40 zoning district consistent with the HDR FLUM designation. The applicant proposes to develop a mix of residential dwellings on the site consisting of apartments and townhome style units as desired within the HDR designation. A conceptual site plan and building elevations was submitted that depict how the site is proposed to develop (see Exhibits A.2 and A.6). The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. 2. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 60 building lots and 3 common lots on 18.18 acres of land in the R-40 zoning district for Entrata Farms Subdivision (see Exhibit A.3). This project is proposed to develop in one phase. Dimensional Standards: The proposed plat and subsequent development is required to comply with the dimensional standards and building setbacks listed in UDC Table 11-2A-8 for the R-40 zoning district. All of the proposed lots comply with the minimum property size requirement. Zero lot lines should be depicted on the plat where buildings span across lot lines. To ensure setback requirements for the R-40 zoning district listed in UDC 11-2A-8 and the setback requirement listed in the specific use standard in UDC 11-4-3-27B.1 are met, staff recommends the final plat for this development is recorded prior to submittal of any Certificate of Zoning Compliance applications. Subdivision Design & Improvement Standards: Compliance with the subdivision design and improvements standards listed in UDC 11-6C is required. Staff has reviewed the proposed plat and determined it to be in compliance with these standards. Existing Structures: There is a home and several accessory structures on this site. All structures are required to be removed prior to City Engineer signature on the final plat. Access/Traffic: Access to streets should comply with the standards listed in UDC 11-3A-3. Access to collector and arterial streets is limited unless otherwise approved by City Council. Meridian City Council Meeting Agenda July 10, 2018 – Page 341 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 129 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 8 One public street (N. Entrata Way) access is proposed via W. Franklin Rd., an arterial street, at the southern boundary of the site in the location recommended by ACHD; a right-turn lane is required to be constructed on W. Franklin Rd. for access to N. Entrata Way. Another access is available to the site via the extension of W. Perugia St., a local street at the east boundary of the site, with construction of a bridge over the Kennedy Lateral stubbing to the west boundary with a hammerhead turnaround. Staff recommends a driveway is provided on the north end of the site to the property to the west for cross-access and emergency access. A Traffic Impact Study (TIS) was submitted to ACHD for this project. Private Streets: If private streets are proposed for access within this development via W. Perugia St., a private street application is required to be submitted. Private streets are required to comply with the design and construction standards listed in UDC 11-3F-4. The applicant should discuss with emergency services (i.e. Fire & Police Department) if private streets are required for addressing purposes. Landscaping: Street buffers are required as set forth in UDC Table 11-2A-8 for the R-40 district and landscaped in accord with the standards listed in UDC 11-3B-7C. A 25-foot wide street buffer is required to be provided along W. Franklin Rd., an arterial street as set forth in UDC Table 11-2A-8. Per UDC 11-3B-7C.2, all residential buffers are required to be on a common lot, maintained by a homeowner’s association and shall be planted in accord with the standards listed in UDC 11-3B-7C. Due to the location of large power transmission lines along Franklin Rd., a 50- foot wide landscape buffer is proposed along W. Franklin Rd. as depicted on the landscape plan to provide a more adequate separation between the development and the power lines. There are a total of 113-caliper inches of existing trees on this site that are being removed that require mitigation; a total of 57 trees at 2” caliper each are proposed for mitigation in accord with the standards listed in UDC 11-3B-10C.5. Common area & site amenities: All multi-family developments in residential districts that are over 5 acres in size are required to provide a minimum of 10% qualified open space and one site amenity per each 20 acres of development area as set forth in UDC 11-3G-3. Based on this requirement, a minimum of 1.82 acres of qualified open space and one site amenity is required. A total of 5.3 acres of qualified open space and 10 site amenities are proposed with this development, which meets and exceeds this requirement. The qualified open space & site amenity requirements listed in UDC 11-4-3-27C & D applies in addition to the aforementioned requirement (see analyses below in CUP section); the proposed open space exceeds UDC requirements. Waterways: The Kennedy Lateral runs along the east boundary of this site; the Purdam Drain runs across the southwest corner of the site; and a smaller irrigation ditch crosses the site east/west. The UDC 11-3A-6) allows irrigation ditches, laterals, canals and drains to be left open when used as a water amenity or linear open space; otherwise, they’re required to be piped unless waived by City Council. The City Council waived the requirement for the Kennedy Lateral to be piped due to its large capacity with the final plat for Umbria Subdivision, the development to the east (FP-06-011); however, the applicant proposes to pipe the facility with this development to alleviate any safety concerns. The applicant requests a waiver from City Council to not pipe the Purdam Drain and leave it open; fencing is proposed for safety purposes. The applicant states the reason for the request is that the drain is not fully contained within this property, some of the 80-foot wide easement is on the neighbor’s property, and there is water in it a lot of the year (see below). The UDC allows Council to waive this requirement when it finds that the public purpose requiring such will not be served and public safety can be preserved; or, for large capacity facilities. Meridian City Council Meeting Agenda July 10, 2018 – Page 342 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 130 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 9 The red line indicates the centerline of the drain. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A sidewalk was recently constructed along W. Franklin Rd., an arterial street with the road widening project by ACHD. A 5-foot wide attached sidewalk is proposed to be constructed along W. Perugia St. and N. Entrata Way, both local streets. 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; design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A- 18. 3. CONDITIONAL USE PERMIT (CUP): A CUP is proposed for a multi-family development consisting of 278 dwelling units (198 townhome style units and 80 typical apartment style units) in 2- and 3-story structures on 18.18 acres of land in an R-40 zoning district. A site plan was submitted that depicts how the site is proposed to develop (see Exhibit A.2). The 2 -story front-loaded townhome style structures are proposed along the west boundary of the site transitioning to the 3-story rear-loaded townhome style structures; the apartment style structures are proposed adjacent to Franklin Road along the entryway into the development. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4- 3-27 apply to development of this site as follows: (Staff’s comments in italics) A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The applicant’s narrative states each unit will have between 80 and 120 square foot of private useable open space in the form of porches, patios or partially fenced yards in accord 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 Meridian City Council Meeting Agenda July 10, 2018 – Page 343 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 131 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 10 pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The applicant’s narrative states one of the multi-family apartment style buildings will house a property management office along with a directory and map of the development. Cluster mailboxes are depicted on the landscape plan throughout the development. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map for the development, a maintenance storage area, and the other required 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. Seventy-six of the units fall within the 500-1,200 square foot (s.f.) range and 202 units are over 1,200 s.f. Therefore, a minimum of 89,700 square feet (s.f.) or 2.056 acres of qualified (i.e. not less than 400 s.f. in area with a minimum length & width dimension of 20 feet) common open space is required overall. The open space exhibit and calculations in Exhibit A.5 depicts 231,010 s.f. or 5.3 acres of open space for the overall development which exceeds this requirement. 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 the following amenities: 1) outdoor pool complex with restroom facilities; 2) dual slope pavilion; 3) playground equipment; 4) single zipline; 5) 5-station fitness station; 6) full size basketball court; 7) dog park; 8) open grassy play field with minimum dimensions of 100’ x 50’ (in common activity area); 9) open grassy play field with minimum dimensions of 100’ x 50’ (in multi-family townhome common space); and, 10) pathways (micro- pathways provided throughout common spaces as well as connection to the existing sidewalk along Franklin Rd.). These amenities fall within the quality of life, open space and recreation categories as required and Staff feels they are commensurate for the proposed development. 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 included in Exhibit A.4 complies 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. All buildings shall comply with this requirement. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in areas not visible from a public street, or shall be fully screened from view from a public street. Meridian City Council Meeting Agenda July 10, 2018 – Page 344 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 132 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 11 The applicant should comply with this requirement. Parking: For multi-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6, which requires 1.5 parking space per unit (at least 1 in a covered carport or garage) for 1-bedroom units; and 2 spaces per unit (at least 1 in a covered carport or garage) for 2- and 3- bedroom units. Based on the table below that depicts (60) 1-bedroom units, (16) 2-bedroom units and 202) 3-bedroom units, a minimum of 526 parking spaces are required, 278 of which are required to be covered. The preliminary plat in Exhibit A.3 depicts a total of 735 parking spaces proposed with 336 of those being covered in accord with UDC standards; this count actually exceeds UDC standards by 209 spaces, which should more than adequately serve this development. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11- 3C-5C. Based on 735 vehicle spaces proposed, a minimum of 30 bicycle spaces are required; a total of 32 spaces are proposed. Bicycle racks should be dispersed throughout the development so that parking is available near each of the structures. Transit: The applicant’s narrative states they have coordinated with Valley Regional Transit and that they would like to have a future location for a transit station on this site. Therefore, a commuter ride pad is depicted on the site plan at the southwest corner of the site along W. Franklin Rd. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C and will be reviewed with individual Certificate of Zoning Compliance application(s). Buffers to adjoining residential uses/districts are not required in the R-40 zoning district. Street buffer landscaping along W. Franklin Rd. is required to be provided with the subdivision improvements. Pathways: Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 and landscaping installed in accord with the standards listed in 11-3B-12C. Internal pathways are proposed through common areas and from buildings to sidewalks along streets. Pathway connections should be provided to adjacent properties to the east and west for pedestrian interconnectivity. The Police Dept. recommends pedestrian-scale lighting is provided along all pathways between buildings and within internal common areas for public safety. Fencing: All new fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall privacy fence is proposed along the west boundary of the site; and a 2-rail fence is proposed 12.5 feet off the east boundary where the Kennedy Lateral is proposed to be piped. If Council approves the applicant’s requested waiver to leave the Purdam Drain open, fencing will be required to preserve public safety in accord with the standards listed in UDC 11-3A-6C. Trash Enclosure: The design and locations of the trash enclosures are required to be approved by Republic Services. A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosures. Republic Services expressed an issue with the location of one of the enclosures in Block 3. Meridian City Council Meeting Agenda July 10, 2018 – Page 345 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 133 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 12 Building Elevations: Conceptual building elevations were submitted for the proposed multi-family structures as shown in Exhibit A.6; front and rear loaded 2- and 3-story townhome style and 3-story apartment style multi-family structures are proposed. The site plan in Exhibit A.2 depicts the location of these structures on the site. Building materials consist of stucco, brick, and varied colors in traditional tones. The architectural character of the structures is required to comply with the design standards listed in the City of Meridian Architectural Standards Manual and the Ten Mile Interchange Specific Area Plan. The elevations submitted with the Certificate of Zoning Compliance application should demonstrate compliance with those standards and should be substantially consistent with the concept elevations submitted with this application. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements and structures comply with the provisions of the UDC and the conditions in this report, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations, site plan and landscape plan submitted with this application, the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual and conditions of approval in Exhibit B. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Proposed Site Plan (dated: March 23 May 15, 2018) & Unit Layouts - REVISED 3. Proposed Preliminary Plat (dated: March 23 May 15, 2018) 4. Landscape Plan (date: March 26, 2018) & Site Amenities 5. Open Space Exhibit 6. Proposed Building Elevations & Floor Plans B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Park’s Department 6. Central District Health Department 7. Ada County Highway District 8. Idaho Transportation Department 9. Nampa & Meridian Irrigation District Meridian City Council Meeting Agenda July 10, 2018 – Page 346 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 134 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 13 10. Community Planning Association of Southwest Idaho C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda July 10, 2018 – Page 347 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 135 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 14 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda July 10, 2018 – Page 348 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 136 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 15 Exhibit A.2: Proposed Site Plan [dated (stamped): March 27 May 15, 2018] & Unit Layouts - REVISED Meridian City Council Meeting Agenda July 10, 2018 – Page 349 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 137 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 16 Meridian City Council Meeting Agenda July 10, 2018 – Page 350 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 138 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 17 Typical for all 3-story rear-loaded multi-family townhome style structures Meridian City Council Meeting Agenda July 10, 2018 – Page 351 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 139 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 18 Meridian City Council Meeting Agenda July 10, 2018 – Page 352 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 140 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 19 Exhibit A.3: Proposed Preliminary Plat (dated: March 23 May 15, 2018) Meridian City Council Meeting Agenda July 10, 2018 – Page 353 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 141 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 20 Exhibit A.4: Landscape Plan (dated: March 26, 2018) & Site Amenities Meridian City Council Meeting Agenda July 10, 2018 – Page 354 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 142 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 21 Meridian City Council Meeting Agenda July 10, 2018 – Page 355 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 143 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 22 Meridian City Council Meeting Agenda July 10, 2018 – Page 356 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 144 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 23 Meridian City Council Meeting Agenda July 10, 2018 – Page 357 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 145 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 24 Meridian City Council Meeting Agenda July 10, 2018 – Page 358 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 146 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 25 Meridian City Council Meeting Agenda July 10, 2018 – Page 359 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 147 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 26 Exhibit A.5: Open Space Exhibit Meridian City Council Meeting Agenda July 10, 2018 – Page 360 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 148 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 27 Meridian City Council Meeting Agenda July 10, 2018 – Page 361 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 149 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 28 Exhibit A.6: Proposed Building Elevations, Floor Plans & Lot Layout Meridian City Council Meeting Agenda July 10, 2018 – Page 362 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 150 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 29 Meridian City Council Meeting Agenda July 10, 2018 – Page 363 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 151 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 30 Meridian City Council Meeting Agenda July 10, 2018 – Page 364 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 152 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 31 Meridian City Council Meeting Agenda July 10, 2018 – Page 365 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 153 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 32 Meridian City Council Meeting Agenda July 10, 2018 – Page 366 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 154 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 33 Meridian City Council Meeting Agenda July 10, 2018 – Page 367 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 155 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 34 Meridian City Council Meeting Agenda July 10, 2018 – Page 368 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 156 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 35 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Annexation & Zoning Comments 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Note: The Development Agreement shall be recorded prior to submittal of a Certificate of Zoning Compliance and Design Review application for the annexation area. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The Kennedy Lateral, Purdam Drain and all irrigation ditches on the site shall be piped unless otherwise waived by Council or improved as an amenity or linear open space in accord with UDC 11-3A-6. b. Development of the site shall substantially comply with the site plan, preliminary plat, and building elevations included in Exhibit A; and the design standards listed in UDC 11-3A-19, the Architectural Standards Manual, and the Ten Mile Interchange Specific Area Plan; and the conditions in this report. 1.2 Site Specific Conditions of Approval – Preliminary Plat 1.2.1 All existing structures on the site are required to be removed prior to City Engineer signature on the final plat. 1.2.2 The preliminary plat included in Exhibit A.5, dated March 23, 2018, shall be revised as follows: a. Correct the setback to living area from 25 feet to 20 feet in the Site Data table in accord with UDC Table 11-2A-8. b. Correct note #1, “Common lots 54C 45C, Block 1 . . .” c. Depict the easements for the Purdam Drain and the Kennedy Lateral. d. Depict a cross-access easement to the west at the north end of the site for future interconnectivity and emergency access. e. Depict a zero interior lot line where buildings span across lot lines. 1.2.3 The landscape plan included in Exhibit A.5, dated March 26, 2018, shall be revised as follows: a. If not already, the storm swale along W. Franklin Road shall be vegetated as forth in UDC 11-3B- 11C if allowed by ACHD. 1.2.4 If private streets are proposed within this development, a private street application shall be submitted to the Planning Division and approved concurrent with a final plat application. All private streets shall comply with the design and construction standards listed in UDC 11-3F-4. The applicant should discuss with emergency services (i.e. Fire & Police Department) if private streets are required for addressing purposes. 1.3 Site Specific Conditions of Approval – Conditional Use Permit 1.3.1 The site plan included in Exhibit A.4, dated March 23, 2018, shall be revised as follows: Meridian City Council Meeting Agenda July 10, 2018 – Page 369 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 157 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 36 a. Depict the property management office, maintenance storage area, central mailbox locations including provisions for parcel mail) that provide safe pedestrian and/or vehicle 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. b. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be depicted on the site plan and shall be located in areas not visible from a public street, or shall be fully screened from view from a public street. c. Disperse bicycle racks throughout the development so that parking is available near each of the structures. d. Depict pathway connection(s) at the east and west boundaries of the site for pedestrian interconnectivity between developments. e. Provide pedestrian-scale lighting along all pathways between buildings and within internal common areas at the request of the Police Department for public safety. f. A minimum building setback of 10 feet is required unless a greater setback is otherwise required per UDC 11-4-3-27B.1. g. Provide a driveway on the north end of the site to the property to the west for cross -access and emergency access. 1.3.2 The landscape plan included in Exhibit A.5, dated March 26, 2017, shall be revised as follows: a. Depict fencing along the Purdam Drain in accord with the standards listed in UDC 11-3A-6C to preserve public safety if Council approves a waiver to UDC 11-3A-6B allowing the waterway to remain open and not be piped. b. Depict pathway connection(s) at the east and west boundaries of the site for pedestrian interconnectivity between developments; provide landscaping adjacent to pathways in accord with the standards listed in UDC 11-3B-12C. 1.3.3 The following site amenities shall be provided within this development as proposed: 1) outdoor pool complex with restroom facilities; 2) dual slope pavilion; 3) playground equipment; 4) single zipline; 5) 5-station fitness station; 6) full size basketball court; 7) dog park; 8) open grassy play field with minimum dimensions of 100’ x 50’ (in common activity area); 9) open grassy play field with minimum dimensions of 100’ x 50’ (in multi-family townhome common space); and, 10) pathways (micro- pathways provided throughout common spaces as well as connection to the existing sidewalk along Franklin Rd.). These amenities fall within the quality of life, open space and recreation categories as required and Staff feels they are commensurate for the proposed development. Any variation from these amenities should be comparable, as determined by the Director. 1.3.4 The final plat for this development shall be recorded prior to submittal of any Certificate of Zoning Compliance applications to ensure setback requirements for the R-40 zoning district listed in UDC 11-2A-8 and the setback requirement listed in the specific use standard in UDC 11-4-3- 27B.1 are met. 1.3.5 The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. A copy of this document shall be submitted to the Planning Division prior to issuance of Certificate of Occupancy for this development. 1.3.6 The design and locations of the trash enclosures are required to be approved by Republic Services phone: 208-345-1265). A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosures. Meridian City Council Meeting Agenda July 10, 2018 – Page 370 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 158 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 37 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-40 zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B- 8C, and Chapter 3 Article C. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.3.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian 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 and 11- 3A-6B as applicable. 1.3.18 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1.4 Ongoing Conditions of Approval 1.4.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. Meridian City Council Meeting Agenda July 10, 2018 – Page 371 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 159 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 38 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application for all future structures proposed on the site from the Planning Division, prior to submittal of any building permit applications. 1.5.3 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.5.4 The 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 of the approval of this combined preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.5.5 The applicant shall obtain the City Engineer's signature on a final plat within two years of the approval of this combined preliminary/final plat as set forth in UDC 11-6B-7A. 1.5.6 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.7 The property owner shall sign the amended development agreement and return such to the City within 6 months of the Council granting this development agreement modification request as set forth in UDC 11- 5B-3D2. 1.5.8 The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Sanitary sewer and water mainline easements shall be dedicated per General Conditions of Approval 2.2.3 below 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 Meridian City Council Meeting Agenda July 10, 2018 – Page 372 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 160 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 39 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. 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. Meridian City Council Meeting Agenda July 10, 2018 – Page 373 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 161 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 40 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 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Fire Department plugs. 3.2 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 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 July 10, 2018 – Page 374 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 162 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 41 3.5 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. 3.6 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 80,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.3 & D103.6. 3.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.9 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. 3.10 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.11 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1 and Meridian Amendment 10-4-1. 3.13 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1 and Meridian Amendment 104-4-1. 3.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 3.15 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-1. 3.16 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. 3.17 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 3.18 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60”) wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4. POLICE DEPARTMENT 4.1 Provide pedestrian-scale lighting along all pathways between buildings and within internal common areas for public safety. 4.2 Provide a driveway on the north end of the site to the property to the west for cross-access and emergency access. Meridian City Council Meeting Agenda July 10, 2018 – Page 375 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 163 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 42 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comment on this application. 6. CENTRAL DISTRICT HEALTH DEPARTMENT 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct a right turn lane on Franklin Road entering the site at the proposed public street, Entrata Way. Extend the right turn lane to the existing power pole to maximize the length of the turn lane. Coordinate with ACHD staff on the right-of-way dedication. 7.1.2 Close the existing driveway on Franklin Road located 750-feet west of Umbria Hills Avenue and replace with curb gutter and sidewalk to match the existing improvements. 7.1.3 Replace all damaged curb, gutter and sidewalk on Franklin Road abutting the site. 7.1.4 Obtain pre-approval from the ACHD pavement cut committee for all pavement cuts to Franklin Road, as it is listed on the ACHD no cut moratorium through December 2022. 7.1.5 Construct internal public streets as 33-foot street sections with vertical curb, gutter and a minimum of 5- foot wide concrete sidewalk within 47-feet of right-of-way. 7.1.6 Construct bulb-outs on Perugia Street at the intersections with Street C and Street B/Entrata Way, narrowing the street section to a minimum of 24-feet wide. 7.1.7 Continue Perugia Street into the site, by bridging the Kennedy Lateral. Submit the bridge plans for the crossing of the Kennedy Lateral for review and approval prior to the pre -construction meeting and final plat approval. 7.1.8 Stub Perugia Street to the western property line 473-feet of Franklin Road (measured centerline-to- centerline). 7.1.9 Construct a hammerhead type turnaround for the Perugia Street temporary turnaround. Provide written fire department approval for the alternative turnaround design. Provide a temporary turnaround easement on private Street A. Install NO PARKING/FIRE LANE signs along Perugia Street and the segment of the private road encompassed by the temporary turnaround easement. 7.1.10 Construct Entrata Way to intersect Franklin Road approximately 1,010-feet west of Umbria Hills Avenue (1,310-feet east of Baraya Way). 7.1.11 Construct a 30-foot wide curb return type driveway on Entrata Way located approximately 217 -feet north of Franklin Road. Meridian City Council Meeting Agenda July 10, 2018 – Page 376 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 164 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 43 7.1.12 Construct four 26-foot wide curb return type driveways on Perugia Street to access the proposed private roads. One located in alignment with Entrata Way, one 290-feet west of Entrata Way and two 215-feet east of Entrata Way. Street name and stop signs are required for the private roads. 7.1.13 Franklin Road is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. 7.1.14 Payment of impact fees is due prior to issuance of a building permit. 7.1.15 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. 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 Meridian City Council Meeting Agenda July 10, 2018 – Page 377 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 165 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 44 planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 8. IDAHO TRANSPORTATION DEPARTMENT (ITD) Meridian City Council Meeting Agenda July 10, 2018 – Page 378 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 166 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 45 9. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) Meridian City Council Meeting Agenda July 10, 2018 – Page 379 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 167 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 46 10. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) Meridian City Council Meeting Agenda July 10, 2018 – Page 380 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 168 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 47 Exhibit C: Legal Description & Exhibit Map Meridian City Council Meeting Agenda July 10, 2018 – Page 381 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 169 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 48 Meridian City Council Meeting Agenda July 10, 2018 – Page 382 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 170 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 49 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 19.07 acre property with an R-40 zoning district and develop 278 new multi-family units consisting of apartments and townhome style units at a gross density of 15.3 units per acre consistent with the HDR FLUM designation. The City Council finds that while the proposed development is consistent with HDR FLUM designation, urban services cannot reasonably be provided to the proposed development while maintaining the current levels of service for existing residents in the City. [See Comprehensive Plan Chapter 3 Goals, Objectives and Action Items (3.01.01) 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-40 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment may be detrimental to the public health, safety, or welfare of existing citizens in the City due to an increase in population generated from the development and the inability of the City to maintain adequate levels of services (i.e. police and fire) to the site. 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 and subsequent development may have an adverse impact upon the delivery of services by political subdivisions providing services to this site (i.e. police, fire, etc.) and contribute to a lower level of service in the City, which is not acceptable to City Council. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing this property at this time is not in the best interest of the City. 2. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The 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 Meridian City Council Meeting Agenda July 10, 2018 – Page 383 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 171 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 44 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 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 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. 3. 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-40 district (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 HDR for this site. Meridian City Council Meeting Agenda July 10, 2018 – Page 384 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 172 of 244 Entrata Farms – AZ, PP, CUP (H-2018-0032) PAGE 45 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 uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approva l 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. 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, scenic 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 July 10, 2018 – Page 385 of 522Meridian City Council Meeting Agenda August 28, 2018 – Page 173 of 244 Meridian City CouncilJune 19, 2018Page11of47De Weerd: Thank you. Okay. Item 9-A. A public hearing continued for H-2018-0042. This is needing to be rescheduled to July 17th and you were given a heads up that thishadtobe on the agenda, again, because of their noticing and the need to add additionaladdresses into the public noticing. So, I -- Milam: Madam Mayor? De Weerd: Yes. Milam: Sorry. We have already rescheduled this, we have already moved it. Do weneedto -- do we need a motion again? De Weerd: No, it -- this had to go on, because it was noticed several different times. But, yes, we need a motion. Mr. Attorney, we need a motion; right? Nary: Madam Mayor, Members of the Council, yes, I would do that, even though it'sbeennoticedforJuly 17th, I think it would be clearer for the record to do that as well. De Weerd: Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we move -- we continue Item 9-A to July 17th. Milam: Second. De Weerd: I have a motion and a second to continue this item to July 17th. All those infavorsay aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing for Entrata Farms (H-2018-0032) by JamesDoolin, FIG Village at Parkside, LLC, Located at 3880 and 3882 W. Franklin Rd. 1. Request: An Annexation and Zoning of 19.07 Acres of Land with an R-40 Zoning District; and 2. Request: A Preliminary Plat Consisting of 60 Building Lots and 3 Common Lots on 18.18 Acres of Land in the R-40 Zoning District; and 3. Request: A Conditional Use Permit for a Multi-Family Meridian City Council Meeting Agenda August 28, 2018 – Page 174 of 244 Meridian City Council June 19, 2018 Page 12 of 47 Development Consisting of 278 Dwelling Units in an R -40 Zoning District De Weerd: Item 9-B is a public hearing on H-2018-0032. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of Council. The next application before you is a request for annexation and zoning, preliminary plat, and a conditional use permit. The site consists of 18.18 acres of land, zoned RUT in Ada county, located at 3880 and 3882 West Franklin Road on the north side of Franklin, west of Ten Mile Road. The Comprehensive Plan future land use map designation for this property is high density residential, which is a range of 15 to 40 units per acre, with a target of 16 to 25 units per acre in the Ten Mile interchange specific area plan. The applicant is requesting annexation and zoning of 19.07 acres of land with an R-4 zoning district. The applicant proposes a multi-family development consisting of a mix of townhome and apartment style units consistent with the high density residential future land use map designation. The concept plan before you there shows how the property is proposed to develop. The plan there on the right shows the mix of unit types. The preliminary plat is also proposed consisting of 60 building lots and three common lots on 18.18 acres of land in the R-40 zoning district. A gross density of 15.3 units per acre is proposed, consistent with a high density residential designation. The subdivision is proposed to develop in one phase. Access is proposed from West Franklin Road. The stub street at the east side of the site, Perugia Street, is proposed to be extended with a bridge over the Kennedy lateral and stubbed at the west boundary for future extension and a driveway for cross-access and emergency access is proposed at the west -- to the west at the north end of the site. Driveways or private streets are proposed for internal access north of Perugia Street. The Kennedy Lateral runs along the east side of the side and is proposed to be piped for public safety. The Purdham Drain runs across the southwest corner of the site. The applicant is requesting a waiver from Council to not pipe that facility. A minimum of 1.82 acres of qualified open space is required to be provided with the subdivision, along with one site amenity. A conditional use permit is requested for a multi-family development, consisting of 278 dwelling units in an R-40 zoning district. The units are proposed to consist of 198 townhome-style units and 80 typical apartment-style units in a mix of two and three story structures. A site plan was submitted as shown that depicts how the site is proposed to develop. The two-story, front-loaded townhome-style structures are proposed along the west boundary of the site, transitioning to the two and three story rear loaded townhome-style structures. The apartment style structures are proposed adjacent to Franklin Road along the entryway into the development. All units will provide the minimum private usable open space area required. A minimum of 2.06 acres of qualified open space and site amenities are required in accord with UDC standards, in addition to that required with a subdivision. A total of 5.3 acres of qualified open space is proposed, along with the following site amenities. And some of those are as shown there. Outdoor pool complex with restroom facilities. At dual sloped pavilion, playground equipment. Single zipline. Five station fitness station. Full size basketball court. Dog park. Open grassing play fields with minimum dimensions of 105 by 50 feet in area and pathways. These amenities fall Meridian City Council Meeting Agenda August 28, 2018 – Page 175 of 244 Meridian City Council June 19, 2018 Page 13 of 47 within the quality of life, open space, and recreation categories as required and staff feels that they are commensurate with the proposed development. Parking is proposed in accord with UDC standards. A minimum of 526 spaces are required, 278 of which are required to be covered. A total of 735 spaces are proposed, with 336 of those being covered. That is exceeding the minimum requirements by 209 spaces. A 25 foot wide landscape street buffer is required along Franklin Road as proposed. A ComputeRide pad is proposed along Franklin Road for a future transit stop. Conceptual building elevations were submitted as shown for the proposed multi-family structures. Front and rear-loaded two and three-story townhome style and three story apartment style multi- family structures are proposed. This is the site plan that I showed previously. Just depicts the location of these structures on the site. Building materials consist of stucco, brick, and varied colors in traditional tones. The architectural character of the structures is required to comply with the design standards listed in the city's architectural standards manual and the Ten Mile interchange specific area plan. The Commission recommended approval of the proposed applications. James Doolin, the applicant, testified in favor. No one testified in opposition or commented. Written testimony was received from John Carpenter, TO Engineers, the applicant's representative, and also Gray Wolfe, the property owner to the east. He was in support of the proposed development. He requested that when construction starts the construction teams are sensitive to the residents whose apartments face west toward this site in regard to noise and dust abatement, so it doesn't negatively impact their apartment complex. Key issue of discussion at the Commission hearing, the applicant requested clarification from staff in regard to items in the applicant's response to the staff report. Staff did provide clarification of those items. Key issues of discussion by the Commission was the applicant's request for the certificate of zoning compliance application to be allowed to be submitted prior to the final plat being recorded, instead of after, as required in condition number 1.3.4 and the Commission did vote to leave that requirement in. The Commission made the following changes to staff's recommendation. Strike condition 1.5.7 as it did not apply to this development and modification of condition number 1.2.3 to add the language if allowed by ACHD and the requirement for the storm drainage swale on Franklin Road to be vegetated. The only outstanding issue for Council tonight is the applicant's request for waiver to UDC 11-3A-6B3 to not pipe the Purdham Drain and leave it open and there is just a little detail of the part of Purdham Drain along the southwest boundary of the side. Written testimony since the Commission hearing was received from Sandy Lindsay. She was concerned pertaining to congestion and impact on property values of adjacent residential properties from the apartment development and, then, the full letter is in your application project file. Staff will stand for any questions. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Sonya, can you, please, go back to the picture -- I think it was the second to the last line where it showed that -- I think it was like two story there. Back. There you go. Perfect. Thank you. Meridian City Council Meeting Agenda August 28, 2018 – Page 176 of 244 Meridian City Council June 19, 2018 Page 14 of 47 De Weerd: Sonya, do you have a -- an elevation -- or not an elevation of the development, but a site plan that has how it blends with the rest of them -- how this fits out there? Allen: With the development to the east, Madam Mayor? De Weerd: Yeah. Allen: I really don't. No. This is just a very old aerial view of the property. I could possibly bring up the Google maps. So, Madam Mayor, Council, the property that you're looking at is the green kind of triangle area. The property to the east is the existing multi-family development Silver Oaks. De Weerd: Is there any cross-access? How -- how are they -- isn't there going to be a light out here for the church and the other apartments? Allen: I believe one is planned at Umbria Hills. I don't think my pointer works on this one. But you can see that road that goes out to Franklin Road there and, then, Perugia is the one that is currently stubbed to the east boundary of this site that's being extended to this project's west boundary. De Weerd: And -- and did they have another entrance and exit out onto Franklin or is it all going to the light? Allen: No. This property does have an access on Franklin. I can go back to the site plan if you would like me to. De Weerd: Yeah. Okay. Allen: So, if you can see my pointer here, this is Perugia Street, currently stubbed right here at the east boundary. They are going to construct a bridge over the Kennedy Lateral. They are going to bring it through the site as a public street and stub to the west boundary. Access from Franklin is right here where my pointer is at and, then, they are also proposing a cross-access driveway, an emergency access here at the northwest corner of the site. De Weerd: Thank you. Council, any other questions at this time? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Sonya. So, has there been any discussion regarding the concern for the people already in the apartments, where they will be building -- Meridian City Council Meeting Agenda August 28, 2018 – Page 177 of 244 Meridian City Council June 19, 2018 Page 15 of 47 which looks like right next to the other apartments? What it Gray Wolfe -- any discussion regarding his letter. Allen: At the Commission? Little Roberts: Uh-huh. Allen: There was not, no. Little Roberts: Thank you. De Weerd: Okay. Any other questions at this point? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Doolin: Good evening, Madam Mayor and Members of the Council. My name is James Doolin. My address is 4685 South Highland Drive, Salt Lake City, Utah. De Weerd: Thank you. Doolin: Thank you for your time tonight. A couple things I would like to address and, then, I will stand for questions. So, we tried to be thoughtful in our design, specifically with the Franklin apartments to our east. Between our property and their apartment complex there is the Kennedy Lateral. They were not required to tile the Kennedy Lateral. They put a fence on their side of the Kennedy Lateral. We are proposing to tile that to provide public safety. It runs roughly 1,850 feet along our property line. So, we thought for health and safety it would be best to tile that. Additionally, it provides a nice buffer. So, there is a -- a fairly wide easement for that Kennedy Lateral and, then, our development starts to the west of that. We tried to be thoughtful by not putting a bunch of row of garages facing their property. You do have some front doors facing the property to the east and as you go down you see sides of buildings and so we tried to have a nice flow from their development to our development. We did meet with -- with Gray Wolfe at the -- is that name correct? At the neighborhood meeting and we talked about our development impact. He's planning to do some -- I believe some storage units in front of his property and he's also been developing the back portion of his property and with construction there is some nuisance, but we will do everything we possibly can to mitigate that nuisance to have as little impact on his tenants as possible. The other thing I would like to address is the Purdham Drain. The Purdham Drain runs on the north -- or the southwest portion of our property. The easement for that drain sits on our property, as well as the neighboring property to the west. It runs about 885 feet on our property. And the way that the topography of our site works, it's -- that drain kind of sits lower and we felt that, one, it would be difficult to pipe, being a portion of it's on the neighboring property and in meeting with the neighbor of that property at our neighborhood meeting, he asked if we can provide as big of a buffer as possible and so by not tiling it it allows that area to be undeveloped. We will put a fenceline along the wall on our side of the property and, then, it will be a nice transition over to his property. Meridian City Council Meeting Agenda August 28, 2018 – Page 178 of 244 Meridian City Council June 19, 2018 Page 16 of 47 So, that's why we are requesting not to tile that portion. Aside from that I will stand for any questions. De Weerd: Council, any questions? Okay. Thank you. Doolin: Thank you. Coles: No sign-ups, Madam Mayor. De Weerd: Is there anyone who wishes to provide testimony on this application? Okay. Seeing no public testimony -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I guess I do have a question for the applicant. Sorry. I was thinking when you were meeting -- Doolin: I thought you guys were being too easy on me. Milam: Just moving slow today. So, I'm just trying to figure out if I either missed something -- I like -- your amenity package is very nice. However, I didn't notice any -- any kind of indoor amenities and this is a -- we do have quite brutal winters sometimes and so is there something in there for these folks to do during the winter? Doolin: Yeah. We did -- Milam: Is there a clubhouse or anything? Doolin: We do not have a clubhouse. Historically in our Brickyard development that we brought through to Council about a year ago, we had a clubhouse on that development. Historically the clubhouses get used less than the other amenities. Accessibility -- the clubhouse being locked and stuff like that and, then, it's also a nuisance sometimes when people break in and so we do not have any indoor amenities. We tried to provide plenty of outdoor amenities and a lot of our amenities can be used in the winter -- you know, there is not a lot of snow, so snow is not an issue. People still play basketball. People still walk on the paths and do the fitness. We have fitness stations and stuff like that. But, unfortunately, we do not have any indoor amenities. Milam: You weren't here last winter, were you? Doolin: No. I was going to make a comment about global warming, but, hopefully, that doesn't happen. Palmer: Madam Mayor? Meridian City Council Meeting Agenda August 28, 2018 – Page 179 of 244 Meridian City Council June 19, 2018 Page 17 of 47 De Weerd: Mr. Palmer. Palmer: Madam Mayor, Mrs. Milam, HomeCourt is only a little over a mile away. I'm thinking this is the right -- same place? Yeah. De Weerd: A mile and a half. Palmer: A giant multi-million dollar indoor facility that the city owns that they will have access to. Milam: I thought I had one more. De Weerd: So, what -- what is the idea behind that the townhomes, the long row of -- of homes? Can you maybe talk about that? Doolin: So, the townhomes on the west side of the property we put two story -- we designed it have two story townhomes to transition to a future development to the west. In the middle of the development there are three story townhomes, which correlates with the Franklin apartments. As far as additional details -- De Weerd: It just looked like they were one long row of -- of apartments or townhomes. Doolin: So, on the west side you will see number seven and number eight where my mouse is, that's an eight-plex. Those are eight-plexes there. And that's eight-plexes there. So, eight-plexes or the -- the most units we have in one specific building and, then, everything else you will have some -- De Weerd: I think it's probably the picture of nine through 18, 20 through 23 that's -- and is this where the square that says one -- is that green space? Doolin: Yes, that is green space. So, all of these front doors enter out onto green space with trails that meander through and, then, we will have the amenities. We try to focus our amenity packages in areas of concentrated use, so you have your pool and a tot lot and the zip line all together and, then, on the southeast side over by the workout stations you have workout station, open play area, and, then, also the basketball court. De Weerd: So, this linear green area is -- they are kind of their frontyard and backyard, too? Doolin: Yeah. Yeah. So, the units all load out onto the open green area -- green spaces. De Weerd: And are these condominiumized or these are all rentals? Doolin: They will be rentals. Meridian City Council Meeting Agenda August 28, 2018 – Page 180 of 244 Meridian City Council June 19, 2018 Page 18 of 47 De Weerd: Are they going to be owned as a development or are they going to be sold off individually? Doolin: Sold off into -- typically a fourplex configuration. The HOA -- there will be an HOA to manage all exterior of the buildings, all landscaping, anything on the outside of the building footprint will be managed and maintained by the HOA. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I think you and I are on the same page. First off, before I get into my concern, I appreciate the parking. It seems like you guys have planned for a substantial amount of parking and appreciate that. That was -- that's nice. I really don't have a big concern with the -- with the amenities. I think they look nice. My only concern is what the Mayor was talking about is those rear -- rear loaded townhomes. They just seem extraordinarily dense. If there was a way that we could break that up a little bit. It just seems like one long row of one long building. Is there -- would there be a way to -- Doolin: And the way we tried to address that is by having two story and three story, so we are breaking up the -- the mass of the building by having two stories on the ends and, then, three stories, so you're breaking up the configuration a little bit. Bernt: I get that. Doolin: The zone calls for density somewhere -- target density 16 acre and above. We are trying to hit that density requirement. There is also open space requirement that we are required to hit, too, and so we tried to lay out the project as efficiently as possible, but still providing a very livable atmosphere. So, the rear of the units is where you park your car. The front of the units is where you live and so we tried to focus a lot of the effort on the front -- more of a community focused atmosphere with the units where all the front doors ventured out onto open space. We like that versus -- we could have put more front-loaded units in there, but, then, you have front doors going out into driveways and streets and we try to keep the pedestrian traffic away from the vehicular traffic, if that makes sense. So, I understand your concern. We tried our best to try to open it up as best as possible. We feel that corridor down -- the green space corridor down the middle really provides a nice feel and on the streetscape as you're going down Perugia Street or along Franklin you're going to see a lot of the open space and, then, you're also going to see some interesting different elevations. We have the apartments on the front -- excuse me -- along with the townhomes on the front just to kind of break up that streetscape, so -- and, then, as -- you're not -- as you're going down Perugia as well, which is a public street, you're seeing sides of buildings, not big masses of buildings. As you drive deeper into the development you do see a bit more mass, but, again, once you get inside the unit the way it lives -- lives out in open space. So -- and, then, parking, to address your parking, last time I was here I believe your middle name Meridian City Council Meeting Agenda August 28, 2018 – Page 181 of 244 Meridian City Council June 19, 2018 Page 19 of 47 you said was parking and open space. So, what we tried to do is -- we have talked about is our parking is well over the minimum and our open space is also well over the minimum. Bernt: You have a good memory. Doolin: We listen on this side. Bernt: Madam Mayor. I was on P&Z last time, so I was in a different seat. I don't know what it is now, though. You have a good memory. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Just out of curiosity, so it -- in the packet it said the gross -- the net -- the gross density is 15.3 units per acre, but the net was like 67. Is that -- was that correct or -- Doolin: I don't know how you -- the net -- Milam: You said you calculated that. Doolin: -- density is calculated. Milam: So, if you take out all the open space and streets and -- it seemed like a larger jump than I used to -- Doolin: Yeah. And I don't know what the next density represents, I just know what the overall acreage of the development is, which is -- got to check with my notes. Nineteen acres or -- so we have 278 units over 18.18 acres, which works out to be 15.3 units per acre. Milam: Madam Mayor? That's okay. I had already asked her and she didn't -- she said she got the number from you, so -- Doolin: Did she blame me? Milam: That's okay. It's not really that important. It was more just out of curiosity. Doolin: And I -- if I gave her that I don't remember. Milam: Gross is what we go by anyway. Oh, I had another question. Back to the -- the management. So, they are going to be all sold off as four-plexes, even though they are eight-plexes. You're selling half of the building? Doolin: Correct. Meridian City Council Meeting Agenda August 28, 2018 – Page 182 of 244 Meridian City Council June 19, 2018 Page 20 of 47 Milam: And, then, you're going to have -- the HOA is going to take care of the outside and all the amenities. Is there also going to be a single source management company that takes care of the -- the rentals? This is somewhere that we see a lot of -- a lot of problems. If -- if landlords can just do whatever they want and they are charging different rents and taking care of their places differently eventually it becomes a problem. Doolin: Yeah. So, on the property management side, that's renting the inside of the unit, that property management company does not control anything on the outside of the unit. So, we do see that as a concern. We can't hold property owners to stick with just one property management company for the life of the project, but for the first two years it is the same property management company to transition, so that development from vacancy to an occupied development. But down the road a tenant or an owner could have a different property management company. We can't necessarily control that, but we can control it for the first two years, but what we see is having a good HOA management company, because they are the ones that control everything on the outside of that building from, you know, making sure people are parking their cars appropriately, not hanging things outside their window, making sure they take care of their pets, all the things that affect the -- the look and the feel of that community and I guess the ultimate culture of that community. Milam: Madam Mayor? We have been told by other developers that you can put in -- in your documents a specific property manager or that everybody was the same -- the same property manager whether you change that at some point or not, because the people on the inside of that apartment have a lot to do with the culture. It's not just how fresh is the paint and -- you know. And how clean is the outside. The people on the inside is -- are what make -- is going to make the culture of that place. So, I disagree -- sorry -- as far as the property management aspect goes. Doolin: I think we would have challenges in selling these to our investors if we told them they have to use a certain company and if that company didn't perform they don't have any options. So, I guess it's legal, but it's not practical with our business model. With that being said, our investors are paying a large sum of money and so we believe they should care and they do care about the overall renter of their community -- of their unit and so we try to control it the best we can, but with our business model I think it would restrict our ability to sell these units if somebody was required to have a certain property management company for the life of the project. De Weerd: Any other questions from Council? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Meeting Agenda August 28, 2018 – Page 183 of 244 Meridian City Council June 19, 2018 Page 21 of 47 Little Roberts: Madam Mayor. James, am I understanding this right -- just trying to kind of clarify that the homeowners will be the people that have purchased and could be very absentee -- Doolin: Correct. Little Roberts: -- and collectively they will decide who is managing the property overall or could each one have a separate management, but never even talk to each other? Doolin: There is an HOA management company and a property management company. The HOA management company, again, manages everything on the exterior of the building. The property management company takes care of renting the inside of the unit out to tenants. For the first two years everybody is going to have the same property management company and the same HOA management company. Going forward after the two year period everyone will have that same HOA management company. There will be an HOA board ran by the owners and that HOA management company will be the same for everybody. But after a two year period that property management company could vary for different owners. So, based on our experience people do charge different rents down the road to fill their units and everybody has a right to do that. We haven't seen an issue, because everybody is trying to maximize their investment and so they are trying to get the most rent they can. Do they compete with other people? Yes. But we haven't seen any negative impacts of having different property management companies in a -- in a community. Little Roberts: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, how many total four-plexes do you have? What is the potential number of different owners? Doolin: It depends. What was the total lot count? Do you know off the top of your head, Sonya? Allen: Yes. It was -- Doolin: Sixty? Allen: -- 60. Yeah. Doolin: The 20-plex -- the apartment style building is a 20 unit building. That will be planned as one lot. So, that will have one owner. And, then, the other you can see the property lines, but there will be roughly 60 and, you know, many times our investors buy more than one -- one four-plex. So, a mix of 60 different owners. Meridian City Council Meeting Agenda August 28, 2018 – Page 184 of 244 Meridian City Council June 19, 2018 Page 22 of 47 Milam: Thank you. Doolin: I guess just to address the property management issue. In a single family residential or in a -- in a development like this that has owner-occupied, everybody lives differently and so every -- the culture is impacted by all the different owners. What's key is that HOA management company making sure they are enforcing the rules, making sure everybody is abiding by the rules and maintaining the exterior of the building and so I don't see that property management issue being as material, because it's very similar to just a normal community of owner occupied, because there is nobody restricting who can buy and not buy a unit for a residential unit in the development. De Weerd: Sonya, a question and -- or maybe of the applicant. What is the year of the widening in that area for Franklin? Allen: Madam Mayor, I'm unsure of the year. De Weerd: Okay. Doolin: Of the year that it was widened or the year -- because it was just recently widened two years ago. De Weerd: All the way to Black Cat? Have I not been on that road? Crazy. Thank you. I probably should drive out there more often. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: What we haven't talked about is your request for the CZC application to be allowed to be submitted prior to the final plat being recorded and what is your reasoning for that? Doolin: We had some issues with our Brickyard Subdivision where we recorded the plat and, then, later had some issues where the city wanted -- we had some issues we ended up working out, but that -- we were going through those issues at the time that we had an opportunity to respond to that comment, so we asked for it directly related to an issue we had. We have since resolved that issue and I don't foresee that issue coming up in the future, so -- and it's not something we are necessarily seeking. Milam: Okay. Thank you. De Weerd: Any other questions for the applicant? Okay. Thank you. Doolin: Thank you for your time. Meridian City Council Meeting Agenda August 28, 2018 – Page 185 of 244 Meridian City Council June 19, 2018 Page 23 of 47 De Weerd: Council, any further information from staff? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Sonya, Caleb, any -- any concerns about the outstanding issue that we have to address in regard to the UDC 11-3A-6B to pipe the drain. Leave it open. To not pipe the drain and to leave it open? Allen: Madam Mayor, Councilman Bernt, no concerns other than that they should provide fencing to protect public safety. Bernt: I'm going to -- Madam Mayor, follow up. They are going to do that; right? Allen: Yes. They are nodding yes. Bernt: Okay. Allen: I can't remember if I had a condition of approval or if they had already shown it on their site plan, but, yes, we have it covered. Bernt: Thank you, Sonya. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on H-2018-0032. Milam: 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. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: A lot of -- I mean many, many times that we have apartment complexes come before us and, you know, if it's not one thing -- you know, they will exceed in one thing, but, then, you know, just make minimums in another and this board often finds reasons to say even though you have met our requirements it's not good enough. I think the initial delay and having questions was because you checked so many of the boxes of Meridian City Council Meeting Agenda August 28, 2018 – Page 186 of 244 Meridian City Council June 19, 2018 Page 24 of 47 the things that we usually rag on -- on you about, especially the parking. When I first looked at this I was, oh, man, there is not going to be any parking in here, but somehow you managed a couple hundred spaces. Big wa whoo and, then, nobody wants to pipe canals. Nobody. The two and a half years I have been here -- I mean just small sections, to have 1,800 feet where you're saying and, yeah, we are going to pipe that, it's like, wait, what? Really? And tot lots for days. A pool. I mean all these different amenities, the -- the project is way in excess of what we require and so I mean I would have a super hard time denying it. So, for all those reasons I move that we approve H- 2018-0032 and grant the waiver to pipe the -- the smaller section that they are asking about, too. De Weerd: Okay. I have a motion to approve. Do I have a second? Little Roberts: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There is a lot that's great with this project. There really is. And Councilman Palmer brings up a good point with regards to a kind of checking the boxes. But for me it's -- it's some of the sage advice from former Councilman Rountree, who would on occasion speak of situations where we might not need to be in a hurry. You know, the property is not zoned, it's -- it's requesting to be annexed and zoned and brought into the community, trying to match a future land use map that we are in the process of trying to redevelop. So, there is enough elements of this project that give concern for me that -- that I don't think it's the right time right now to -- to approve this annexation. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: The other big thing I meant to bring up was location. A huge reason in which we have denied projects is because it's in the wrong place. It's surrounded by too many single family homes and, then, this room is packed full of people saying I know you planned on putting apartments here, but, please, don't, because I'm here now. Well, it's not surrounded by single family homes. Its real adjacent neighbor is other apartments. So, if it fit anywhere, this is where it fits and this is where it's needed, given what we are asking to be built and what is being built just up the street at -- at Ten Mile and Franklin. So, I -- if we don't do this kind of thing now when there isn't already a bunch of single family homes surrounding it, if we are not in a hurry and if we wait until that happens, well, then, this room will be full of people saying, well, now, it's the wrong time, because now we are all here. Meridian City Council Meeting Agenda August 28, 2018 – Page 187 of 244 Meridian City Council June 19, 2018 Page 25 of 47 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Listening -- I agree with Councilman Palmer -- now get that. On this -- on that particular aspect. I think that what I like best about this project is the location. I do have some concerns and I'm -- I'm having a really hard time deciding if my concerns outweigh my -- you know, the things -- the good things. There are a lot of good things about this project. I do like the amenities and the location. It is needed. I don't love the design of the apartments and I don't love no indoor amenities. It does have a lot to offer and I don't like them all being sold off to 60 different people, who could possibly manage them themselves and not do background checks and -- I mean who don't hire a property manager, you could do whatever you want and as a property manager I like that better. But looking out for the citizens and the neighbors, I'm not sure that I do. De Weerd: I hate to introduce probably a topic that I should have asked our public safety representatives to weigh in. We have had discussions last week during our budget workshops on levels of service and -- and the pressures that are on our current employees in keeping levels of service to the expectations of our citizens and the challenges of -- of hiring staff and this is not just about a land use application, we are looking at these developers to invest in our city and with that investment they will have an expectation to a level of service that I don't know if we can meet. The thing that separates apartment developments and single family housing developments is apartment complexes come up all at once and so your impact to services is immediate. It's not one building permit at a time and one family at a time, it's -- it's the development and it's fully occupied. With our vacancy rates it will be fully occupied and you have hundreds of new residents that -- that have service demands. So, that is -- is certainly a concern. Once it's built to be able to adequately serve it. The other aspect is we are in the midst just kicking off a Comprehensive Plan update and we are asking our citizens to weigh in on what they want their -- their community to look at. This is one area that had a more area specific design and participation by our community at the time and the property owners out in that area. So, that's probably less of a concern, but this is pretty it has a heavy impact on -- on our community and I would go back to what Councilman Borton said or -- is the timing right, are we ready for this this, and -- and I can't say that if we look at levels of service that -- that we are. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: By each line of -- of that way of thinking we would need to do two things. We would need to start denying every single annexation application that comes before us until the Comprehensive Plan is done and we would need to come up with a matrix in which we allow so many dwelling units per fireman and policeman that we hire, so if we don't have the data to back up saying we can't provide that level of service, then, we are just up here talking throwing out opinions. But if there is a fact that our public safety Meridian City Council Meeting Agenda August 28, 2018 – Page 188 of 244 Meridian City Council June 19, 2018 Page 26 of 47 departments are unable to provide for a level service, should we approve this, then, we we need to come up with what that number is. So, okay, we have hired three officers and we have hired three or six fireman, we can now approve some many more dwelling units. Unless we have that we don't really have an argument to deny this today or on the next project. But if that's going to be our way of thinking, we need to literally deny every project. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Not to get into the weeds too much, but one of the challenges that -- that can come I think on a citywide macro level with -- with, you know, new annexations and the cost that -- that comes with servicing them is when the pace exceeds the ability for us to fund what's required to serve them, you -- you have what we have seen our recent experience with -- you know, our base budget and our existing revenue stream insufficient -- or can be insufficient to at least cover the base cost of -- of existing service levels. So, you end up relying on new growth to try and cover that gap. You know, taken to its extreme, each individual project on its own we may want to annex, but at a certain level if you grow and annex too quickly you just have fiscal constraints that don't allow you to fund those basic essential services and so right now, in light of the growth we have had over the past several years, you have that gap in our -- in our -- at least in the General Fund, available resources, so you have to utilize some new growth revenue to cover that gap and you can look at, you know, projects like this or any new annexation and think of it as making a commitment to expend General Fund dollars of a certain degree as a condition of an annexing it. So, you know, just for an example, to approve this and to stay committed to our levels of service with police and fire, among others, you would be making a commitment to fund in future years going forward General Fund expenditures for police and fire and parks and all the support services necessary to service this new addition to our city. That number -- finance Has those types of numbers that we can look at. So, that's the challenge I think we have in this tremendous growth. This is -- on a micro level we look at one single project, but we also have to be mindful of the -- the total scale of the city and the challenge it can pose to being able to fund operations over the next 50 to 100 years. I think we have some of that data that answers that question. De Weerd: Well -- and I think you definitely had some of that data last week as the police department presented their budget and talked about level of service and the -- their PAM model considered a certain number of drive throughs through our neighborhood that are not necessarily happening to the service level goal because of the other pressures that are out on the roads and -- and with our different calls for service and needing to respond to that. So, I -- I say that because this will be an instant impact, unlike a single family housing subdivision that comes through in phases and comes through one -- one family unit at a time, this has a different impact and I just wanted to bring that up to make sure it was part of the consideration. Meridian City Council Meeting Agenda August 28, 2018 – Page 189 of 244 Meridian City Council June 19, 2018 Page 27 of 47 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Sonya, when -- what was the date or about the date in which the applicant first contacted or approached or filed anything with the city for this? Allen: Madam Mayor, Councilman Palmer, I'm guessing. Probably approximately four months ago. Palmer: Madam Mayor? Four months ago would have been the time to tell them we are closed for business right now, not get to the point where it's the full public hearing before City Council and say, no, we don't want this kind of large project. Let them go through all the investment and all the time and dealing with the city and getting to this point to say thanks for your effort, but come back later. I mean that would make me sick that -- if we provided that kind of customer service. If that's what the Council wants to have as a policy, that needs to go back to anybody that's going to come to us from here on out, not people who have been in the pipeline for months. De Weerd: And I -- I can't argue with that, Mr. Palmer, but I can say what would make me sick is to not be able to deliver a level of service to the people that are here today and to not be able to deliver a level of service to the future residents that would be moving into these dwellings with certain expectations as well and -- and that's all I'm pointing out. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Councilman Palmer has a good point, though. I think if this is the way that we are thinking right now with the Comprehensive Plan project going -- you know, being a long process, maybe that's something that we should discuss as a Council. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: My comments aren't really implying to do that necessarily. I think the hard stop may be as inappropriate as a position of approve anything anywhere at any time, so long as it's compliant with code, meaning that we just give up any discretion that -- that we are elected to -- to provide and making the decision of some -- if a project is going to come into the city and be part of -- of our community the long term does it make sense and statistically the vast majority of -- probably 96 percent of the requests are probably approved. But, nonetheless, I think we have the discretionary role, so the hard and fast rule -- I think you're right that -- you know, of a line in the sand isn't really necessary to exercise that discretion appropriately, but it goes both ways that approving everything at Meridian City Council Meeting Agenda August 28, 2018 – Page 190 of 244 Meridian City Council June 19, 2018 Page 28 of 47 any time, regardless of the impact on the level of service that the Mayor raises -- don't know if that's necessarily the right approach either. So, that was kind of where my -- my comments came in on this. De Weerd: Okay. Any further discussion? Okay. Mr. Clerk. Roll call: Borton, nay; Milam, nay; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, nay. MOTION FAILED: TWO AYES. THREE NAYS. ONE ABSENT. De Weerd: Okay. I will -- motion fails and I would ask if there is a new motion. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Maybe we could open up the public hearing again and see if the applicant might be willing to have a continuation and maybe make some adjustments or if he had any other comments on the topic. Would that require a motion to open it back up or -- I move we reopen the public hearing on Item 9-B. Little Roberts: Second. De Weerd: I have a motion and a second to reopen the public heating. All those in favor say aye. Any opposed? Bernt: Nay. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. I would ask the representative if you have any comments on perhaps something that of phasing plans or -- or anything like that that -- that we didn't ask the appropriate question of. Doolin: Madam Mayor and Members of the Council, I guess I just want to hit on a few notes. So, I was here about a year ago with a development called The Brickyard Subdivision, 246 units off of Eagle and Ustick, and after City Council meeting -- or during city -- during the discussion -- or I guess after the approval you guys said bring more projects like this. We need more projects like this to the city. So, in December I contracted this property and I have been working with Sonya since December on this project. We got great feedback from Planning and Zoning and this is the first time that I have heard of anything about level of service or not annexing new property in and I appreciate everybody's opinion. I guess the couple comments I have -- so, when we come in we are also making an investment. We are bringing 301 units into the city and with that we are paying impact fees, we are paying property taxes, so we are helping Meridian City Council Meeting Agenda August 28, 2018 – Page 191 of 244 Meridian City Council June 19, 2018 Page 29 of 47 increase that general budget to cover the cost of this development. In light -- in addition to that, it's 18 acres and we have 300 units in 18 acres. So, yes, we are different than single family residential development where we -- we come in all at once, but our impact fees come all in at once. The area to services is an 18 acre area for 301 units. There is a lot of impact fees with 301 units, where if you do a 301 unit single family development your impact fees come in over time, but that's also a 60, 70, 80 acre project. So, it's a lot more land, lot more area to cover, and so I guess my argument to -- we are coming in all at once. We come in all at once, but we come in with a pile of cash in impact fees and we start paying property taxes immediately to cover our costs, our burden to the community. So, I'm open to any ideas. I'm a little bit frustrated, because I did -- I was told bring another project like this. You guys have a lot of people coming to this city. People are concerned about affordability. We are providing a solution to that, but yet we are not being welcomed tonight and so it just seems like a mixed message. So, I'm open to any ideas if you want us to phase, we are open to that. I'm open to any ideas. De Weerd: You know, I guess I would like to respond to that, because we have an exponential growth. We are trying to figure out how to -- to continue to be able to meet the expectations of our current residents, as well as to protect your investment as well in being able to provide the levels of service to the new residents we will be welcoming in when we do this. This is not the one and only development application that we have had and we have hundreds, if not thousands, of lots in the pipeline that we have already made a commitment to serve. When you were here six months ago or -- or even a year ago we have changed substantially since then. This Council approved a budget five years into a new Comprehensive Plan because of our growth rate to allow us to move forward in updating our Comprehensive Plan at year six, because 30 percent of our population didn't live here when the last update was here. So, things have changed very rapidly and I can understand your frustration, but we have 106,000 residents today to make sure that we make good on our commitment to them and generally new construction -- the impact fees pay for capital items. They don't pay for personnel and that is the majority of our base budget is personnel costs. Property and development lag two years behind in order for those property taxes to catch up to pay for personnel and base expenses and so, yeah, it's fresh on my mind, because we just delivered a budget last week and this Council has discussions to -- to be made on what we do as a community and what we are willing to fund and those are weighty responsibilities. So, this is -- you have -- you have brought -- there is a lot of good things about this project. I want to make sure that I have the discussion in front of this Council on when you make a decision tonight, then, on my shoulders as the -- the city administrator and on the shoulders of every department in the city that deliver services to these new residents, that we are going to be able to perform to your expectations to provide protection to your investment, too. Doolin: I hear that. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda August 28, 2018 – Page 192 of 244 Meridian City Council June 19, 2018 Page 30 of 47 Palmer: We have talked a lot about fire and police without asking their opinion, given that, you know, we do have a fire station on Ten Mile, one a couple miles up the road on Franklin. We are about to build another one nearby on Overland. Do either of your departments feel like this project and its density not spread out -- this situation, would it present additional undue -- or unmanageable strain on your departments or what -- what's your opinion on it? Campbell: Madam Mayor, Councilman Palmer, it's -- obviously it is going to create calls for service. Right. And these types of projects usually start creating calls for service when they start working with burglars of construction sites, those types of issues start coming in and, then, obviously, when they become occupied, just like everywhere else in the city. If you have a neighborhood in the city they create work for us. Now, to what scale this is going to affect us I don't know. There is, obviously, all kinds of different socioeconomic factors that come into play that drive that kind of -- those -- those issues, those calls, and I can't give you a hard answer on what this project -- what I'm looking at right here, what that's going to do to us necessarily. De Weerd: I can tell you that the different service departments have been working with Community Development to start looking at our staff reports and making sure that their comments will soon be delivered by them, not by Sonya. Planning shouldn't be delivering the comments from other departments, but that these all have to be a consideration as we are trying to deal with the -- the grow demands, with service demands and with hiring demands to -- to be able to -- to address the -- the expectations of those developments that are coming in. So, we are -- we are in the midst. I know police have already had the initial discussion with planning of how they can be better informed and integrated into that process. So, we will be bringing something back to you probably next month, but those discussions have -- have started. Doolin: Madam Mayor, Members of Council, do you have any recommendations for me on how to proceed forward or would you prefer that we terminate our application? De Weerd: Don't -- don't do that yet. We haven't heard from Council and -- and what what they would like to do. Doolin: Okay. I apologize. De Weerd: But thank you. Council, any -- any further questions for staff or the applicant? Okay. Thank you. I would entertain a motion, then, to close the public hearing. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move we close the public hearing. Meridian City Council Meeting Agenda August 28, 2018 – Page 193 of 244 Meridian City Council June 19, 2018 Page 31 of 47 Bernt: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. Any opposed? Okay. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we deny Item 9-B, H-2018-0032. Milam: Second. De Weerd: I have a motion and a second. Is -- do you have a basis for the denial? Borton: My previous comments and the comments and concerns raised by other Council Members, which I tend to agree with, but the reasons for me voting against the previous motion are the same reasons for the motion I'm making now. De Weerd: Okay. And, Mr. Nary, do we have -- we can go and -- and pull those minutes to pull them into the -- Nary: Madam Mayor, Members of the Council, the comments certainly were part of the record. What I -- what I heard Councilman Borton say was that, basically, the -- it's not in the best interest of the city at this time to annex this property and, therefore, denying the annexation, then, naturally falls that the preliminary plat and conditional use permit would be denied, since the annexation isn't granted. But it simply was not in the best interest of the city at this time based on the best interest of the city and there is really no other necessity for the city to indicate otherwise. If that's -- if that was his reasoning I think that's what I had heard, so -- De Weerd: Okay. And second agrees? Milam: Yes. Second agrees. De Weerd: Okay. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda August 28, 2018 – Page 194 of 244 Meridian City CouncilJune19, 2018Page32of47Palmer: I would just ask staff to -- when we have similar applications, you know, starttryingtoenterthepipeline, fill them in. Let them know what happened tonight and theymightnotwanttobother. But word it -- word it better, but -- Borton: I don't think that's necessarily a fair assessment of an exercise of discretion. De Weerd: Okay. Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, nay; Little Roberts, nay; Bernt, yea. De Weerd: Okay. The ayes have it. Thank you. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. Item 10: Department ReportsA. Program Year 2018 Community Development Block GrantAnnualActionPlanandFundingRecommendationsDeWeerd: Okay. Item 10-A is under Department Reports and we have Chris Popeheretotalkabouttheprogramyear2018forCDBG. Pope: Madam Mayor and Council Members. So, today is kind of the initiation of theannualactionplanprocessthatwegothrough. We have just recently gone through allofourapplicationprocessesanddevelopedourrecommendations. Each of you shouldhavereceivedamemowithsomeofthedetailsofwhathappenedaspartofthatconversationandthecommitteemeetingsthatwehadthereandjusttokindofjustintroducedtheconversationabouttheactionplan, the -- and kind of finalize the -- therecommendedprojectsforyouguyshere. Yeah. Do we have a quorum? All right. Icanwait. Nary: Madam Mayor, Members of the Council, I think Councilman Palmer is outside, but it would be no different than if he went to the restroom. So, I think you can continue. He hasn't excused himself from the meeting, so the quorum isn't gone until that were to happen. De Weerd: Okay. Pope: Very good. No worries. So, for this upcoming year -- I guess to kind of introduce the idea of the action plan -- so, we get information about the amount of grant money we are getting through the Community Development Block Grant every year and, then, the United States Department of Housing and Urban Development, they require that we, basically, tell them exactly how we are going to use that money before they give us a cent, which to me is smart. I wouldn't want to give anybody any money without any real understanding of what they are committing to use that money for. So, that's kind of Meridian City Council Meeting Agenda August 28, 2018 – Page 195 of 244 Planning and Zoning Commission Meeting August 28, 2018 Item #8D: 750 E Ustick AZ Vicinity/Zoning Map Item #8E: 750 E Ustick AZ Vicinity/Zoning Map Proposed Short Plat Landscape Plan Changes to Agenda: None Item #8D: 750 E. Ustick - AZ (H-2018-0061) Application(s):  Annexation and Zoning Size of property, existing zoning, and location: This site consists of 1.65 acres of land, zoned RUT, located at 750 and 772 E. Ustick Road. History: A Record of Survey (#9145) was recorded on March 6, 2012 for the subject property which depicts two parcels – Parcel 1 and Parcel 2. Ada County does not have any documentation of an approved split resulting in this configuration; therefore, this property is deemed to be one parcel, eligible for one building permit. Comprehensive Plan FLUM Designation: LDR (Up to 3 units/acre) Summary of Request: The applicant has applied for annexation and zoning of 1.65 acres of land in accord with the Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits, recorded as Instrument No. 2018-047087 on May 23, 2018. The requested zoning district is R-2, consistent with the property’s FLUM designation of LDR. The applicant’s well on the property ran dry earlier this year. The City agreed to extend City water and sewer service to the property with the stipulation the applicant submit a request for annexation into the City within 10 business days of approval of the Agreement. The property was connected to City water and sewer service in May of this year. No new development is proposed with this application. Existing Conditions: With the recent widening of E. Ustick Road, the existing home does not comply with the front setback requirements of the R-2 district listed in UDC Table 11-2A-4; as such, it’s deemed a nonconforming structure and is subject to the standards listed in UDC 11-1B-5, Nonconforming Structure. Direct access to the subject property is provided from E. Ustick Road via a circle driveway across both properties. If the property redevelops in the future, access is required to comply with the standards listed in UDC 11-3A-3, Access to Streets. Although the Record of Survey (#9145) depicts two parcels, only one legal parcel exists. Therefore, the property at 772 E. Ustick Rd. is not eligible for a building permit. The property would need to be subdivided in order to be eligible for a building permit on that property. The legal description submitted with the application, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure compliance with the provisions of annexation included in this report in Exhibit B, staff recommends a DA is required that contains the provisions listed in Exhibit B as discussed above. Commission Recommendation: Approval a. Summary of Commission Public Hearing: i. In favor: Rick Row (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: 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 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-2018-0061, as presented in the staff report for the hearing date of July 19, 2018, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0061, as presented during the hearing on July 19, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0061 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #8E: Stonemont Subdivision (H-2018-0078) Application(s):  Short Plat  Miscellaneous Application Size of property, existing zoning, and location: This site consists of 7.95 acres of land, zoned C-G, located at 3520 E. Overland Road. History: •In 1995, this property was annexed with a C-G zoning district as part of the development area for the I-84 Center, which consisted of 73.5 acres of land (Ord. #719; Langly Associates, Inc.). A development agreement (DA) was required as a provisio n of annexation to be entered into prior to the preliminary plat being approved and required all of the property to develop as a commercial planned development. A conditional use permit for a planned commercial development was also approved for a 700,000+/- square foot retail center but has since expired. Note: The applicant for the previously approved project chose not to proceed with development; therefore, the DA was never executed; however, the provisions of annexation still apply to development of the property. Comprehensive Plan FLUM Designation: MU-RG Summary of Request: Short Plat: The proposed short plat consists of 3 building lots on 7.95 acres of land in the C-G zoning district. All of the lots in the proposed subdivision comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Future building height and setbacks are also required to comply with the aforementioned standards. The applicant is requesting to obtain a building permit prior to the recordation of the plat. Staff has confirmed that the applicant has a legal parcel to build on and has no objection to the request. NOTE: If Council supports the request, the applicant is responsible for all of the landscape improvements for the entire boundary of the development and can’t develop only a portion of the property. This property has street frontage on E. Overland Road, an arterial street; and S. Silverstone Way, a collector roadway. An ingress/egress easement is depicted on the plat for access to all of the proposed lots via S. Silverstone Way in accord with UDC 11- 3A-3. Additionally the property to the west was required to provide a cross-access to this property when it was annexed. The applicant does not want to reciprocate. Specifically the request is to be exempt from the condition to provide a connection over the Eight Mile Creek. The applicant’s argument is that the bridge was originally required in order to provide connectivity from the parcel to the east in order to keep that traffic off of E. Overland Road. The applicant feels that now that the parcel to the east has connectivity through the Norco parcel that the bridge is no longer necessary. Staff agrees with the applicant in that adding a bridge over the eight mile was good planning in 1995 and again in 2008 when another development agreement was recorded, but with the development of the Norco site, little would be gained by getting this connection today. Street buffers are required to be provided and depicted on the plat along all streets in a permanent dedicated buffer or common lot, maintained by the property owner or business owner’s association, as follows: a 35-foot wide buffer is required along E. Overland Road; and, a 20-foot wide buffer is required along S. Silverstone Way. The buffers are required to be installed prior to signature on the final plat, as set forth in UDC 11-3B-14B.3. The Master pathways plan calls for a 10-foot multi-use pathway along Overland Road. Currently, constructed is a 7-foot wide attached sidewalk. Staff is of the opinion that tearing out a relatively new section of attached sidewalk along the frontage of this property in favor of a detached 10 foot wide multi-use pathway will do little in terms of improving the walkable nature of this corridor and may actually cause more problems than solutions. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements to recommend approval as proposed. Miscellaneous Application: When the property was annexed, it was required to enter into a development agreement as a provision of that annexation (as mentioned above in the history section). The applicant doesn’t want to enter into a development agreement and their argument is that the bridge was originally required in order to provide connectivity from the parcel to the east in order to keep that traffic off of E. Overland Road. The applicant feels that now that the parcel to the east has connectivity through the Norco parcel that the bridge is no longer necessary. Staff is in agreement with the applicant’s justification and agrees that a entering into a development agreement to achieve the cross access is not necessary. Staff consulted with the City Attorney and it was determined that a miscellaneous application was the correct application to inform the Council of the applicant’s desire not to enter into a DA. Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0078, as presented in the staff report for the hearing date of August 28, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0078, as presented during the hearing on August 28, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0078 to the hearing date of ________ for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 8 D Project File Number: H-2018-0061 Item Title: Public Hearing for 750 E. Ustick Public Hearing for 750 E. Ustick (H-2018-0061) by Zina Denny located at 750 and 772 E. Ustick Rd. Request: Annexation and Zoning of 1.647 Acres of Land with an R-2 Zoning District Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for 750 E. Ustick (H-2018-0061) by Zina D enny located at 750 and 772 E. Ustick 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 Minutes from Planning and Z oning Commission B ackup Material 8/21/2018 S taff Report S taff Report 8/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/24/2018 - 3:53 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 196 of 244 Hearing Date: 8/28/2018 Hearing Type: Council Item Number: 8-D Project Name: 750 E. Ustick Project Number: H-2018-0061 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time 750 E Ustick Rd – AZ H-2018-0061 PAGE 1 STAFF REPORT Hearing Date: August 28, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: 750 & 772 E. Ustick Road – AZ (H-2018-0061) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Zina Denny, has submitted an application for annexation and zoning (AZ) of 1.65 acres of land with an R-2 zoning district. II. SUMMARY RECOMMENDATION Commission recommends approval of the proposed AZ application with the requirement of a development agreement in accord with the provisions in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on August 2, 2018. At the public hearing, the Commission moved to recommend approval of the subject Annexation and Zoning. a. Summary of Commission Public Hearing: i. In favor: Rick Row (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: 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- 0061, as presented in the staff report for the hearing date of August 28, 2018, with the following modifications: (Add any proposed modifications). Meridian City Council Meeting Agenda August 28, 2018 – Page 201 of 244 750 E Ustick Rd – AZ H-2018-0061 PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0061, as presented during the hearing on August 28, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0061 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 750 (Parcel #S0531438411) and 772 (Parcel #S0531438457) E. Ustick Road, in the south ½ of Section 31, Township 4 North, Range 1 East B. Owners: Zina Ann Denny 750 E. Ustick Rd. Meridian, ID 83646 C. Applicant: Same as Owner D. Representative: Same as Owner E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation. A public hearing is required before the Planning & Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 13, 2018 (Commission); August 10, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: July 6, 2018 (Commission); August 3, 2018 (Council) D. Applicant posted notice on site(s) on: July 23, 2018 (Commission); August 18, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned R1 in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential property, zoned R1 in Ada County 2. East: Rural residential property, zoned RUT in Ada County 3. South: E. Ustick Road and single-family residential properties, zoned R-8 4. West: Rural residential property, zoned R1 in Ada County; and vacant/undeveloped land, zoned R-4 C. History of Previous Actions: A Record of Survey (#9145) was recorded on March 6, 2012 for the subject property which depicts two parcels – Parcel 1 and Parcel 2. Ada County does not have Meridian City Council Meeting Agenda August 28, 2018 – Page 202 of 244 750 E Ustick Rd – AZ H-2018-0061 PAGE 3 any documentation of an approved split resulting in this configuration; therefore, this property is deemed to be one parcel, eligible for one building permit. D. Utilities: 1. Location of sewer: A sewer main intended to provide service to the subject property currently exists adjacent to the subject parcel in E. Ustick Road. 2. Location of water: A water main intended to provide service to the subject property currently exists adjacent to the subject parcel in E. Ustick Road 3. Issues or concerns: The applicant has previously entered into an Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits, and annexation is a requirement contained in that agreement. E. Physical Features: 1. Canals/Ditches Irrigation: There are no significant waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that may exist on this property. 3. Flood Plain: This property does not lie within the flood plain. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this property as LDR (Low Density Residential). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The applicant is not proposing to redevelop the property at this time. The existing single-family residential use of the property is consistent with the LDR designation. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (UDC 11-2A-1): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are listed as a permitted use in the R-2 zoning district. C. Dimensional Standards: Any development on the site should be consistent with the dimensional standards listed in UDC Table 11-2A-4 for the R-2 zoning district. D. Landscaping: Not applicable E. Off-Street Parking: Not applicable IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning: The applicant has applied for annexation and zoning of 1.65 acres of land in accord with the Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits, Meridian City Council Meeting Agenda August 28, 2018 – Page 203 of 244 750 E Ustick Rd – AZ H-2018-0061 PAGE 4 recorded as Instrument No. 2018-047087 on May 23, 2018. The requested zoning district is R-2, consistent with the property’s FLUM designation of LDR. The applicant’s well on the property ran dry earlier this year. The City agreed to extend City water and sewer service to the property with the stipulation the applicant submit a request for annexation into the City within 10 business days of approval of the Agreement. The property was connected to City water and sewer service in May of this year. No new development is proposed with this application. Existing Conditions: With the recent widening of E. Ustick Road, the existing home does not comply with the front setback requirements of the R-2 district listed in UDC Table 11-2A-4; as such, it’s deemed a nonconforming structure and is subject to the standards listed in UDC 11-1B-5, Nonconforming Structure. Direct access to the subject property is provided from E. Ustick Road via a circle driveway across both properties. If the property redevelops in the future, access is required to comply with the standards listed in UDC 11-3A-3, Access to Streets. As noted in the Section VI.C above, although the Record of Survey (#9145) depicts two parcels, only one legal parcel exists. Therefore, the property at 772 E. Ustick Rd. is not eligible for a building permit. The property would need to be subdivided in order to be eligible for a building permit on that property. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure compliance with the provisions of annexation included in this report in Exhibit B, staff recommends a DA is required that contains the provisions listed in Exhibit B as discussed above. In summary, Staff recommends approval of the proposed annexation and zoning request for this site with a development agreement containing the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Aerial View of the Property 3. Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits B. Agency & Department Comments C. Legal Description and Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 28, 2018 – Page 204 of 244 750 E Ustick Rd – AZ H-2018-0061 PAGE 7 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda August 28, 2018 – Page 205 of 244 750 E Ustick Rd – AZ H-2018-0061 PAGE 8 Exhibit A.2: Aerial View of the Property Meridian City Council Meeting Agenda August 28, 2018 – Page 206 of 244 750 E Ustick Rd – AZ H-2018-0061 PAGE 9 Exhibit A.3: Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits Meridian City Council Meeting Agenda August 28, 2018 – Page 207 of 244 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 8 , 2 0 1 8 – P a g e 2 0 8 o f 2 4 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 8 , 2 0 1 8 – P a g e 2 0 9 o f 2 4 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 8 , 2 0 1 8 – P a g e 2 1 0 o f 2 4 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 8 , 2 0 1 8 – P a g e 2 1 1 o f 2 4 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 8 , 2 0 1 8 – P a g e 2 1 2 o f 2 4 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 8 , 2 0 1 8 – P a g e 2 1 3 o f 2 4 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 8 , 2 0 1 8 – P a g e 2 1 4 o f 2 4 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 8 , 2 0 1 8 – P a g e 2 1 5 o f 2 4 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 8 , 2 0 1 8 – P a g e 2 1 6 o f 2 4 4 750 E Ustick Rd – AZ H-2018-0061 PAGE 10 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS & CONDITIONS 1. PLANNING DIVISION 1.1 Annexation & Zoning Comments 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The property owner shall comply with the standards for nonconforming structures listed in UDC 11-1B-5. The nonconformity of the structure is due to the structure not meeting the minimum front setback requirement of UDC Table 11-2A-4 due to the widening of E. Ustick Road and the additional right-of-way needed for the expansion. b. Access to the property via E. Ustick Road is required to comply with the standards listed in UDC 11-3A-3, Access to Streets, upon redevelopment of the property. c. The property owner is required to comply with the terms of the Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits recorded as Instrument No. 2018-047087 attached in Exhibit A.3. d. The property at 772 E. Ustick Rd. (Parcel #S0531438457) is not eligible for a building permit unless a subdivision application creating a legal lot is approved by the City and a final plat is recorded. e. Any existing domestic well system within this property 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. f. Any existing septic systems within this property 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. POLICE DEPARTMENT 2.1 The Police Department has no comments on this application. 3. FIRE DEPARTMENT 3.1 The Fire Department had no comments on this application. 4. ADA COUNTY HIGHWAY DISTRICT (ACHD) No comments were submitted from Ada County Highway District on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comments on this application. Meridian City Council Meeting Agenda August 28, 2018 – Page 217 of 244 750 E Ustick Rd – AZ H-2018-0061 PAGE 11 6. IDAHO TRANSPORTATION DEPARTMENT (ITD) 7. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) 7.1 NMID has no comments on this application. Meridian City Council Meeting Agenda August 28, 2018 – Page 218 of 244 750 E Ustick Rd – AZ H-2018-0061 PAGE 12 C. Legal Description & Exhibit Map for Annexation Boundary Meridian City Council Meeting Agenda August 28, 2018 – Page 219 of 244 750 E Ustick Rd – AZ H-2018-0061 PAGE 13 Meridian City Council Meeting Agenda August 28, 2018 – Page 220 of 244 750 E Ustick Rd – AZ H-2018-0061 PAGE 14 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 1.65 acre property with an R-2 zoning district consistent with the LDR FLUM designation for this property. Commission finds that the proposed map amendment and residential use complies with the provisions of the Comprehensive Plan and should be compatible with the 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; Commission finds that the proposed map amendment to the R-2 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; Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities have been extended to the property 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. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Commission finds annexing this property with an R-2 zoning district is in the best interest of the City. Meridian City Council Meeting Agenda August 28, 2018 – Page 221 of 244 City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 8 E Project File Number: H-2018-0078 Item Title: Public Hearing Stonemont Subdivision Public Hearing for Stonemont Subdivision (H-2018-0078) by Sundance Investments, LLLP, Located at 3520 E. Overland Rd. 1. Request: Short Plat consisting of 3 commercial lots on 7.95 acres of land in the existing C -G zoning district; and 2. Request: City Council Review to eliminate the requirement to enter in to a development agreement as required with the approval of Langley Associates Meeting Notes: C✓i OPMED I TEM SHEET C ouncil Agenda I tem - 7.E . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for S tonemont S ubdivision (H-2018-0078) by S undance Investments, L L L P, L ocated at 3520 E . Overland 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 8/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/24/2018 - 12:30 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 222 of 244 Hearing Date: 8/28/2018 Hearing Type: Council Item Number: 8-E Project Name: Stonemont Subdivision Project Number: H-2018-0078 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 1 STAFF REPORT HEARING DATE: August 28, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Stonemont Subdivision – SHP and MI (H-2018-0078) I. APPLICATION SUMMARY The applicant, Sundance Investments, LLLP, has applied for approval of a short plat (SHP) consisting of 3 building lots on 7.95 acres of land; and miscellaneous application (MI) to remove the requirement for this property owner to enter into a development agreement as required with the approval of Langley Associates annexation (Ord. # 719), for Stonemont Subdivision. II. STAFF RECOMMENDATION Based on the criteria listed in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions and Findings stated in this report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0078 as presented in the staff report for the hearing date of August 28, 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-2018-0078, as presented during the hearing on August 28, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0078 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. PROCESS FACTS a. The subject application will in fact constitute a short plat and miscellaneous application as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notification published on: August 10, 2018 c. Radius notices mailed to properties within 300 feet on: August 3, 2018 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 3520 E. Overland Road, in the SW ¼ of Section 16, Township 3N., Range Meridian City Council Meeting Agenda August 28, 2018 – Page 223 of 244 Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 2 1E. B. Applicant Sundance Investments, LLLP 3405 E. Overland Road, Suite 150 Meridian, ID 83642 C. Owner(s): Roger L. and Susan I. Anderson 3405 E. Overland Road, Suite 150 Meridian, ID 83642 D. Representative: Becky McKay, Engineering Solution, LLP 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 E. History:  In 1995, this property was annexed with a C-G zoning district as part of the development area for the I-84 Center, which consisted of 73.5 acres of land (Ord. #719; Langly Associates, Inc.). A development agreement (DA) was required as a provision of annexation to be entered into prior to the preliminary plat being approved and required all of the property to develop as a commercial planned development. A conditional use permit for a planned commercial development was also approved for a 700,000+/- square foot retail center but has since expired. Note: The applicant for the previously approved project chose not to proceed with development; therefore, the DA was never executed; however, the provisions of annexation still apply to development of the property. VI. STAFF ANALYSIS Short Plat: The proposed short plat consists of 3 building lots on 7.95 acres of land in the C-G zoning district. All of the lots in the proposed subdivision comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Future building height and setbacks are also required to comply with the aforementioned standards. The applicant is requesting to obtain a building permit prior to the recordation of the plat. Staff has confirmed that the applicant has a legal parcel to build on and has no objection to the request. NOTE: If Council supports the request, the applicant is responsible for all of the landscape improvements for the entire boundary of the development and can’t develop only a portion of the property. This property has street frontage on E. Overland Road, an arterial street; and S. Silverstone Way, a collector roadway. An ingress/egress easement is depicted on the plat for access to all of the proposed lots via S. Silverstone Way in accord with UDC 11-3A-3. Additionally the property to the west was required to provide a cross-access to this property when it was annexed. The applicant does not want to reciprocate. Specifically the request is to be exempt from the condition to provide a connection over the Eight Mile Creek. The applicant’s argument is that the bridge was originally required in order to provide connectivity from the parcel to the east in order to keep that traffic off of E. Overland Road. The applicant feels that now that the parcel to the east has connectivity through the Norco parcel that the bridge is no longer necessary. Staff agrees with the applicant in that adding a bridge over the eight mile was good planning in 1995 and again in Meridian City Council Meeting Agenda August 28, 2018 – Page 224 of 244 Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 3 2008 when another development agreement was recorded, but with the development of the Norco site, little would be gained by getting this connection today. Street buffers are required to be provided and depicted on the plat along all streets in a permanent dedicated buffer or common lot, maintained by the property owner or business owner’s association, as follows: a 35-foot wide buffer is required along E. Overland Road; and, a 20-foot wide buffer is required along S. Silverstone Way. The buffers are required to be installed prior to signature on the final plat, as set forth in UDC 11-3B-14B.3. The Master pathways plan calls for a 10-foot multi-use pathway along Overland Road. Currently, constructed is a 7-foot wide attached sidewalk. Staff is of the opinion that tearing out a relatively new section of attached sidewalk along the frontage of this property in favor of a detached 10 foot wide multi-use pathway will do little in terms of improving the walkable nature of this corridor and may actually cause more problems than solutions. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements to recommend approval as proposed. Miscellaneous Application: When the property was annexed, it was required to enter into a development agreement as a provision of that annexation (as mentioned above in the history section). The applicant doesn’t want to enter into a development agreement and their argument is that the bridge was originally required in order to provide connectivity from the parcel to the west in order to keep that traffic off of E. Overland Road. The applicant feels that now that the parcel to the west has connectivity through the Norco parcel that the bridge is no longer necessary. Staff is in agreement with the applicant’s justification and agrees that a entering into a development agreement to achieve the cross access is not necessary. Staff consulted with the City Attorney and it was determined that a miscellaneous application was the correct application to inform the Council of the applicant’s desire not to enter into a DA. VII. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Short Plat (dated: 9/20/17) 3. Landscape Plan (dated: 5/21/08) 4. Master Concept Plan B. Agency Comments/Conditions of Approval C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 28, 2018 – Page 225 of 244 Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 4 Exhibit A.1 – Vicinity/Zoning Map Meridian City Council Meeting Agenda August 28, 2018 – Page 226 of 244 Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 5 Exhibit A.2 – Short Plat (dated: 7/9/2018) Meridian City Council Meeting Agenda August 28, 2018 – Page 227 of 244 Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 6 Exhibit A.3: Landscape Plan (dated: 5/21/08) Meridian City Council Meeting Agenda August 28, 2018 – Page 228 of 244 Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 7 Exhibit A.3: Landscape Plan (dated: 5/21/08) Meridian City Council Meeting Agenda August 28, 2018 – Page 229 of 244 Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 8 SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the previous approvals for this property (Ord. #719). 2. The final plat prepared by Engineering Solution, LLP, stamped on 7/9/2018 by Clinton W. Hansen, shall be revised as follows: a. Note #7: Include the applicable instrument number. b. A 20-foot wide landscape buffer is required along S. Silverstone Way, a collector street, and shall be on a common lot or on a permanent dedicated buffer maintained by the property owner or business owner’s association in accord with UDC 11-3B-7C.2b. c. The applicant shall provide a separate recorded document indicating the cross-access agreement. 3. The landscape plan, prepared by The Land Group, dated 2/15/2017, shall be revised as follows: a. Depict a minimum 20-foot wide street buffer along S. Silverstone Way, a collector street, as set forth in UDC 11-2B-3 in accord with the standards listed in UDC 11-3B-7C. b. Depict a minimum 35-foot wide street buffer along E. Overland Road, an arterial road, as set forth in UDC 11-2B-3 in accord with the standards listed in UDC 11-3B-7C. 4. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 5. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 6. A street light plan will need to be included in submittal of 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 7. A floodplain development application shall be required with this development. 8. The applicant is eligible for one (1) building permit prior to recording the final plat. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Meridian City Council Meeting Agenda August 28, 2018 – Page 230 of 244 Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 9 GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. Meridian City Council Meeting Agenda August 28, 2018 – Page 231 of 244 Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 10 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordi nance 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, Meridian City Council Meeting Agenda August 28, 2018 – Page 232 of 244 Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 11 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. Meridian City Council Meeting Agenda August 28, 2018 – Page 233 of 244 Stonemont Subdivision – SHP & MIH-2018-0078 PAGE 12 Exhibit C – Required Findings from the Unified Development Code In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan future land use map designates the property as Mixed Use Regional. The current zoning district of the site is C-G. The proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-G district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer’s expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision and subsequent development; however, staff does not believe that it will be detrimental to the general welfare of the public in the surrounding area. Staff finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site. Meridian City Council Meeting Agenda August 28, 2018 – Page 234 of 244 City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 9 A Project File Number: Item Title: Economic Development Annual Report Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Brenda S herwood Estimated Time f or P resentation: 15 Title of I tem - Economic Development Annual Report C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/24/2018 - 2:38 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 235 of 244 INTEROFFICE MEMORANDUM TO: CITY COUNCIL FROM: BRENDA SHERWOOD SUBJECT: PROCESS FOR COMMUNITY MATCH PROGRAM/INCENTIVES DATE: JUNE 11, 2018 CC: MAYOR TAMMY DE WEERD The following is a formal process I would like you to review. Currently, the only program Economic Development is responsible for is the Tax Reimbursement Incentive (TRI) Community Match Program. This process may be adjusted to suit the needs of programs brought to us by our Partners (Department of Commerce (IDOC), Idaho Department of Labor (IDOL) and Ada County programs). Receive a Site Request and RFI. Company decides Meridian is a viable location and has submitted a preliminary Tax Reimbursement Incentive (TRI) application to Idaho Department of Commerce.  Company must create 50+ FTE above the Ada County Average Income. Step One: Project Review and scoping activities (with company when possible) and incentive sponsor (IDOC, IDOL, and County) Step Two: Brief Mayor on project and begin discussing match. When appropriate, Mayor will send a non-binding letter of interest. Step Three: Conduct an internal process meeting with legal, finance (or other internal departments) to determine eligibility, match, procedure, timeline, roles and responsibilities. Step Four: Conduct a ‘Pre-App’ process meeting with company (when possible), city employees and pertinent participants from other agencies (IDOC, DOL & Ada County) to walk through the program. Step Five: Leave ‘Pre-App’ process meeting with a set of takeaways for each party to determine procedure, timeline, roles and responsibilities. Step Six: Receive necessary information/application from company. Step Seven: Present to City Council – use executive session only if the matter qualifies. Determine Match and Approval from Council to move forward. Step Eight: Prepare documents and contracts based on direction of City Council. 2 Step Nine: Present final documents to Council. Step Ten: Completed documents presented to Idaho Department of Commerce, or other partnering agency. Step Eleven: Presentation of match to the company and following media steps to be determined by Idaho Department of Commerce, company and Mayor’s Office Communications. Economic Development Annual Update AGENDA MARKET, JOBS & STATS SUCCESSES MARKETING INDUSTRY ANALYSIS STRATEGIC PLAN MERIDIAN JOB CREATION & MARKET 2,877 New Jobs in 2017 Over 75 New Businesses Top Five Industry Job Growth Health Care and Social Assistance Accommodation and Food Services Professional Technical Retail Finance & Insurance 2.6% Unemployment *Statistics Source: Idaho Department of Labor MERIDIAN JOB CREATION & MARKET Average Income: $40,000 Median Home Value (New Construction): $352,000 Median Rent Price in Meridian: $1,550 Vacancy Rates (August 1, 2018) Retail: 6.68% Industrial 3.56% Office: 6.83% *Statistics Source: Thornton Oliver Keller ECONOMIC DEVELOPMENT STATS 85 One-on-One Business Assistance Meetings 26 Business Retention Visits 15 Out-of-State Site Visits 23 Organizational Partner Meetings 92 Facebook & OppSites Marketing Posts ECONOMIC DEVELOPMENT SUCCESSES decalcomania.com 2018 ECONOMIC DEVELOPMENT FOCUS TARGET MARKETING AND VIDEO MARKETING TARGETED INDUSTRY ANALYSIS What is it? Why is it important? Timeline INCENTIVES & ECONOMIC DEVELOPMENT POLICY Objective 2.A.1 Identify, Develop and utilize the tools needed for successful attraction and retention of jobs. Incentives: Permit Fees Parking Waivers Expedited Services Policy: Qualifications Confidentiality Conflict of Interest THANK YOU. QUESTIONS? City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 9 B Project File Number: Item Title: Update on Fire Station No. 6 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Deputy Chief Charlie B utterfield Estimated Time f or P resentation: 15 minutes Title of I tem - Update on F ire S tation #6 I nf ormational update on the construction of F ire Station 6 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 8/21/2018 RE V I E WE RS : Department Reviewer Action D ate F ire J ohnson, Chris Approved 8/21/2018 - 1:30 P M F ire Coles, C.J ay Approved 8/21/2018 - 7:14 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 236 of 244 August 21, 2018 MEMORANDUM TO: Mayor and City Council Members CC: Charlie Butterfield FROM: Meridian Fire Department RE: Update on Fire Station 6 Deputy Chief Charlie Butterfield will give an update on the progress of the Fire Station 6 construction project along with a PowerPoint presentation. No action is needed from Council; this report is for informational purposes. Meridian Fire Department  33 E. Broadway Avenue, Suite #210  Meridian, ID 83642 Phone 208-888-1234  www.meridiancity.org Meridian City Council Meeting Agenda August 28, 2018 – Page 237 of 244 City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 10 A Project File Number: H-2018-0006 Item Title: Ordinance 18-1774A Amended (Fast Eddy's) Ordinance No. 18-1774A: An Amended Ordinance (H-2018-0006— Fast Eddy's) For Annexation Of A Parcel Of Land Being A Portion Of Lot 2, Block 1 Of Jasmine Acres Subdivision (Book 59 Of Plats At Pages 5,829 Through 5,830, Records Of Ada County, Idaho) And A Portion Of Unplatted Lands, Situated In The Northeast'/4 Of The Southeast % Of Section 32 And The Northwest'/4 Of The Southwest Y4 Of Section 33, Township 4 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 1.862 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: 36 OPMED 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. 18-1774A: An Amended Ordinance (H-2018-0006– F ast E ddy’s) F or Annexation Of A Parcel Of L and B eing A P ortion Of L ot 2, Block 1 O f J asmine Acres Subdivision (B ook 59 Of P lats At P ages 5,829 T hrough 5,830, Records O f Ada County, Idaho) And A P ortion Of Unplatted L ands, Situated In T he Northeast ¼ O f T he Southeast ¼ Of S ection 32 And T he Northwest ¼ Of T he S outhwest ¼ Of S ection 33, Township 4 North, Range 1 E ast, Boise M eridian, Ada C ounty, Idaho, As Described In Attachment “A” And Annexing C ertain Lands And Territory, Situated In Ada C ounty, Idaho, And Adjacent And C ontiguous To T he Corpor ate L imits Of T he City Of M eridian As Requested B y T he City Of M eridian; Establishing And D etermining T he L and Use Zoning Classification Of 1.862 Acres Of L and F rom Rut To C-G (General Retail And Service C ommercial) Zoning D istrict In T he M eridian City Code; P roviding T hat C opies Of T his Ordinance Shall Be 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 Law; And Providing F or A Summary Of T he Ordinance; And P roviding F or A Waiver Of T he Reading Rules; And P roviding An E ffective Date. Amended Ordinance for F ast E ddy's C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F ast Eddy's A mended Ordinance Ordinance 8/21/2018 E xhibit A to Amended Ord E xhibit 8/21/2018 E xhibit B to Amended Ord E xhibit 8/21/2018 F ast Eddy's A mended Ordinance S ummary Ordinance 8/21/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/21/2018 - 6:46 P M L egal.Coles, C.J ay Approved 8/24/2018 - 2:38 P M Meridian City Council Meeting Agenda August 28, 2018 – Page 238 of 244 ADA COUNTY RECORDER Christopher D. Rich 2018-081822 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/29/2018 10:39 AM CITY OF MERIDIAN, IDAHO NO FEE BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMIER, LITTLE ROBERTS V so N I OCKII 11111 D1 k"WAIVIN DIV V 40 1 a I 1. 11 11111111110110 1 MIN 111110W."Lls, 111111] 111011=011011111111 a 21 OEM UVA _111A kyj I D1 Oki In 11•,111i i1111•,1111 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: ST Investments, Inc. 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. AMENDED ANNEXATION ORDINANCE— FAST EDDY'S (H 2018-0006) 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 fizll force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 234"' day of Al IQ L164 2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this �2)'02 A+) day of }(�UQ t Lej-2018. MAYOR TAMAY de WEERD ATTEST: pUGUSj- > �O C.J COLE , ITY CLERK q a UO �.„ 09 z 191C'�"0 u amia of AMENDED ANNEXATION ORDINANCE — FAST EDDY'S (H 2018-0006) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this day of Ptud ub� , 2018, before me, the undersigned, a Notary Public in and for said State, personally ap 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. O'baALM W (SEAL�•�...��• NOTARY PUBLIC FOR AHO g,L ..••E1vLy,••.. RESIDING AT: `fiJ.2Rldl,Q/�U,(Cl-1'tG) �'OTA�. l�• MY COMMISSION EXPIRES:3 a'g -a Oaf. ••••''�• ... DN •••• AMENDED ANNEXATION ORDINANCE — FAST EDDY'S (H 2018-0006) Page 3 of 3 Meridian City Council Meeting Agenda August 28, 2018 – Page 242 of 244 Meridian City Council Meeting Agenda August 28, 2018 – Page 243 of 244 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18-1774 A PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Amended Ordinance of the City of Meridian granting annexation of land being a portion of Lot 2, Block 1 of Jasmine Acres Subdivision, (Book 59 of Plats at Page 5,829 through 5,830, records of Ada County, Idaho and a portion of unplatted lands, situated in the Northeast 1/4 of the Southeast 1/4 of Section 32 and the Northwest 1/4 of the Southwest 1/4 of Section 33, Township 4 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 1.862 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 71� day of AtKust, 2018. City otMeridiaon Mayor and City Council By: C.Jay Coles, City Clerk First Reading: Adopted after first reading by suspension of the R §50-902: YES NO Second Reading: 'f Third Reading: U's pursuant to Idaho Code STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18-1774A 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. 18-1774A 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, 2018. a) I ,J William. L.M. Nary City Attorney AMENDED ORDINANCE SUMMARY — FAST EDDY'S ANNEXATION (H-2018-0006) City Council Meeting Regular Meeting Agenda August 28, 2018 Meeting Date: August 28, 2018 Agenda Item Number: 11 Project File Number: Item Title: Future Meeting Topics Meeting Notes: