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2018-11-07
Meridian City Council Pre-Council Meeting Agenda – November 7, 2018 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA Wednesday, November 7, 2018 at 5:30 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: X Anne Little Roberts X Joe Borton X Ty Palmer X Treg Bernt __O__ Genesis Milam __O__ Luke Cavener X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted as amended 3. Amended Executive session per Idaho Code section 74-206(1)(a): To c onsider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fi ll a particular vacancy or need and 74 - 206(1)(b): To consider the evaluation, dismissal or di sciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent Into Executive Session at 5:31pm Out of Executive Session at 6:06pm Adjourned at 6:06pm Meridian City Council Special Meeting November 7, 2018 The Meridian City Council special meeting was called to order at 5:30 PM on Wednesday, November 7, 2018 by Mayor, Tammy de Weerd Members Present: Anne Little Roberts, Joe Borton, Ty Palmer, Treg Bernt, Tammy de Weerd Staff Present: C.Jay Coles, Bill Nary. Item 1. Roll -call Attendance: X Anne Little Roberts X Joe Borton X Ty Palmer X Treg Bernt O Genesis Milam _O_ Luke Cavener X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Adopted as Amended Borton: I move to Amend the Agenda adding Section 74-206 1(b) Little Roberts: Second. Mayor De Weerd: A motion and a second to approve the amended agenda. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Executive Session per Idaho Code section 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need and 74-206 (1)(b): To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent. Borton: I move we go into Executive Session as per Idaho State Code Section 74-206(1)(a), 74-206(1)(b) Little Roberts: Second. Mayor De Weerd: It has been moved and seconded to go into Executive Session. All those in favor. Meridian City Council Meeting Agenda November 13, 2018 — Page 6 of 173 ALL AYES. MOTION CARRIED. Into Executive Session at 5:31 pm Out of Executive Session at 6:06 pm Palmer: I move we adjourn the Executive Session. Little Roberts: Second. Mayor De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor. ALL AYES. MOTION CARRIED. Palmer: Move to adjourn. Little Roberts: Second. Mayor De Weerd: A motion and a second to adjourn. All in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:06 pm (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: 77. TAMMY DE*EERD, MAYOR L,. ATTEST: 1 `/ .JAY CULES, C CLERK I/ / /S / --W� DATE APPROVED o�P��� AUGUST .1 o0 9 Q U LV1 •"° W Q of 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 Wednesday, Novemb er 7, 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 O Genesis Milam O L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by T roy D r ake of C alvar y C hapel 4. Adoption of Agenda Adopted as amended 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address thei r elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assi st you i n resolving the matter following the meeting. 6. Consent Agenda [Action Item] Approved A. Approve M inutes of O ctober 16, 2018 C ity C ouncil S pecial M eeting B. Approve M inutes of O ctober 16, 2018 C ity C ouncil Regular M eeting C. Approve M inutes of O ctober 23, 2018 C ity C ouncil Regular M eeting D. B ar aya S ubdivision No. 3 P edestrian P athway E asement E. Blakeslee C ommons S ubdivision P edestr ian P athway E asement F. C aven Ridge E states West No. 1 P edestr ian P athway E asement G. M ovado S ubdivision No. 4 S ewer & Water M ain E asement #1 H. P athways Agr eement (M aster P athways Update) B etween the Nampa & M eridian Irrigation D istrict and the C ity of M er idian Regarding C aven Ridge West #1 I. F indings of F act, C onclusion of L aw for C alderwood Business P ark (H-2018-0103) by AL C Ar chitecture, L ocated at the S E C orner of S . M er idian Rd. and E. C alderwood D r. J. F indings of F act, C onclusion of L aw for C ostco Wholesale S tor e (H-2018-0066) by C ostco Wholesale, L ocated at the S W cor ner of W. C hinden B lvd./S H-20/26 and N. Ten M ile Rd. K. F indings of F act, C onclusion of L aw for Ver ado West (H-2018-0085) by D evC o D evelopment, LLC, L ocated at 3090 N. L ocust G rove Rd. L. F inal Order for B ainbridge S ubdivision No. 9 (H-2018-0111) by B righton Investments, LLC , L ocated off the S W corner of N. Ten M ile Rd. and W. L ost Rapids D r. M. Resolution No. 15-1065A: A Resolution M odifying T he L arkspur S ubdivision P lat Notes #4, Note #6 And Note #14, As Well As T he Buffer Width O n T he F ace O f T he P lat. S ubject P r operty Is L ocated On T he S outheast C orner O f S . M er idian Road And E . C alderwood Drive In T he NW ¼ Of S ection 19, Township 3 Nor th, Range 1 E ast, B oise M eridian, C ity O f M eridian, Ada County, Idaho. N. Idaho O pportunity F und Agreements with Idaho D epartment of Commer ce and P aylocity O. Budget Amendment for P aylocity Idaho O pportunity F und G r ant Not to E xceed $300,000 (Net Zer o) P. P rofessional S er vices Agr eement with T reasur e Valley C hildren's T heater Not-to-E xceed $6,000 Q. Awar d of C hange O r der No. 8 to J C C O NS T RUC T O RS , I NC. for the “WRRF L iquid S tream C apacity E xpansion” pr oject for a Not-To- E xceed amount of $105,572.33. R. Awar d of C hange O r der No. 9 to J C C O NS T RUC T O RS , I NC. for the “WRRF L iquid S tream C apacity E xpansion” pr oject for a Not-To- E xceed amount of $327,137.91. S. AP I nvoices for P ayment 10/31/18 - $689,649.57 T. AP I nvoices for P ayment 11/8/18 - $1,095,093.35 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. Request to P r ovide Water and S ewer S er vice to Un-annexed P roper ty at 5233 W. F ranklin Rd. Continued to November 20, 2018 B. F inal P lat for T M C rossing S ubdivision No. 3 (H-2018-0114) by S C S B righton, LLC, L ocated at the NE Corner of I-84 and S. Ten M ile Rd. Approved C. F indings of F act, C onclusion of L aw for O wyhee High S chool (H- 2018-0075) by West Ada S chool Distr ict, L ocated at 7020 W. Ustick Rd. Continued to November 13, 2018 D. P ublic Hearing for T imber C reek Recycling (H-2018-0042) by M ichael M urgoitio, L ocated at 7695 S. L ocust G r ove Rd. Continued to November 20, 2018 1. R equest: F or the sole purpose of reviewing and considering conditions of approval in the matter of the reques t f or a Modification to the Development A greement E. P ublic Hearing for S mith Rezone (H-2018-0097) by S cott S mith, L ocated at 1321 & 1323 M ain S t. Approved 1. R equest: Rezone of 0.73 of an acre of land from the C-C to the O- T zoning district F. P ublic Hearing for Westbridge Subdivision (H-2018-0088) by J ane S uggs, L ocated at 5745 and 5865 N. Black C at Rd. Approved 1. R equest: A nnexation and Z oning of 12.84 acres of land with an R -4 zoning district; and 2. R equest: P reliminary P lat consisting of 30 building lots and 9 common lots on 12.71 acres of land in an R -4 zoning district G. P ublic Hearing C ontinued fr om April 24 & M ay 15, 2018 for S ummertown S ubdivision (H-2017-0142) B y 745 W Ustick, LLC , L ocated at 745 W Ustick Road Continued to December 4, 2018 1. R equest: A nnexation and Z oning of 15.13 Acres of L and with a T N- R Z oning D istrict H. P ublic Hearing C ontinued fr om August 21 & O ctober 2, 2018 for B ainbridge F ranklin (H-2018-0057) by S teve B ainbr idge, L ocated at 2075 and 2155 W. F ranklin Rd. Remanded back to PZ Commission 1. R equest: A nnexation and Z oning of 3.68 acres of land with a C -G zoning district I. P ublic Hearing for B urlingame S ubdivision (H-2018-0079) by Yuriy M ukha, L ocated at NW C orner of West C herry L n. and N Black C at Rd. Approved 1. R equest: Rezone of property f rom R -4 (18.994 acres) to R -8; and 2. R equest: P reliminary P lat consisting of 74 single-f amily residential building lots and 14 common lots on 18.994 acres of land in a proposed R-8 zoning district; and 3. R equest: Modif y an existing D evelopment Agreement to allow f or additional residential and common lots, to allow for R -8 zoning and to change certain other provisions of the agreement J. Community D evelopment M echanical E volution P lan D iscussion K. Community D evelopment M echanical E volution P lan B udget Amendment Not to E xceed $727,108 Approved 9. O rdinances [Action I tems] A. O rdinance No. 18-1764A: An Ordinance (H-2017-0104 – M ovado G reens S ubdivision) F or T he Re-Zone O f Two P ar cels Of L and L ocated In T he Nw ¼ O f T he Ne ¼ O f S ection 21, Township 3 Nor th, Range 1 E ast, B oise M eridian, C ity O f M eridian, Ada C ounty Idaho; E stablishing And D eter mining T he L and Use Zoning Classification F rom C -G (G eneral Retail And S ervice C ommer cial) Zoning D istr ict To R-15 (M edium High Residential) Zoning Distr ict In T he M er idian C ity C ode; P roviding T hat Copies Of T his O rdinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada County Recor der, And T he Idaho S tate Tax Commission, As Required B y L aw; And P roviding F or A S ummary O f T he O rdinance; And Providing F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate. Approved 10. F uture M eeting Topics 11. Amended onto agenda: Executive Session per Idaho State Code 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need . Into Executive Session at 11:16pm Out of Executive Session at 11:25pm Adjourned at 11:25pm 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 November 7, 2018. A Meeting of the Meridian City Council was called to order at 6:09 p.m., Wednesday, November 7, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Ty Palmer, Anne Little Roberts and Treg Bernt. Members Absent: Luke Cavener and Genesis Milam. Also present: C.Jay Coles, Bill Nary, Bill Parsons, Sonya Allen, Clint Dolsby, Jeff Lavey, Charlie Butterfield, Steve Siddoway, Cameron Ariel, Bruce Freckleton and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt ______Genesis Milam ______Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Thank you for your patience. Sorry for the slight delay in starting our meeting, but welcome to our City Council meeting. For the record it is Wednesday, November 7th. It's ten minutes -- it's nine minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you are all rise and join us in a pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake of Calvary Chapel De Weerd: Item 3 is our community invocation. Tonight we have Pastor Troy Drake with Calvary Chapel. If you will, please join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Drake: You bet, Mayor. Would you join me in prayer. Oh, Lord God in Heaven, I just want to first acknowledge your grace. Thank you for your grace and the life that you have given all of us and the way that you have clearly expressed the way to eternal life. We appreciate you, God. We -- we also appreciate this country that we live in, God, these elections that we have just had. I know, Lord, that you want people to live free and, Lord, we just pray for the people that have been elected at the national and state Meridian City Council Meeting Agenda November 20, 2018 – Page 7 of 370 Meridian City Council November 7, 2018 Page 2 of 98 and local level, that they would remember those things, God, and they would do it as unto you. Lord, you said that righteousness exalts a nation and, God, I pray that that's who they look to. They look to you and -- and you would bless them, Lord, give them lots of wisdom and that they would carry out their duties in a way that would serve the people. And, Lord, we also thank you so much for Meridian and what we have here and it's such an awesome place and we just pray for this group of people, that the City Council and the Mayor, Lord, that you would help them to listen to the people and that you would give them lots of wisdom to make the decisions that they need to do and we appreciate them, God, and pray that you would show them lots -- lots of grace and so I would pray that you bless this -- this meeting tonight and that we would honor you in all ways and it's in the name of Jesus we pray, amen. Thank you. Item 4: Adoption of Agenda De Weerd: Thank you. Item 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have a couple of -- a couple of changes. On the Consent Agenda, Item O, we left a zero off. It should -- it should read 300,000. A little typo. So, add the zero at the end of that. And Item -- De Weerd: 8-H. Borton: -- 8-H, when we get to that, that will be requested by the applicant for a remand back to P&Z. And, then, we are going to add an Item 11 , that will be an Executive Session, pursuant to Idaho State Code 74-206(1)(a) and with those amendments I move we adopt the agenda. Little Roberts: Second. De Weerd: I have a motion and a second to adapt the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Mr. Clerk, anything under Item 5? Coles: Thank you, Madam Mayor. Kara Lilya has requested to address the Council. Discussion topic is unsafe school walk zone by Hillsdale Elementary School. De Weerd: Okay. Thank you. Kara. Good evening. Thank you for joining us. Meridian City Council Meeting Agenda November 20, 2018 – Page 8 of 370 Meridian City Council November 7, 2018 Page 3 of 98 Lilya: Thank you. De Weerd: If you will, please, state your name and address for the record. Lilya: Yes . My name is Kara Lilya and I live at 2122 East Mores Trail Drive in Meridian. De Weerd: Thank you, Kara. Lilya: Do you want them to -- can I introduce them as well? De Weerd: If they will each be providing comment I will ask them to do it as they come forward. Lilya: Okay. Madam Mayor, Members of the Council, good evening. I am here on behalf of hundreds of Sky Mesa, White Bark and Black Rock children -- De Weerd: Kara, can I ask you to get closer to the mic. Lilya: Yes. De Weerd: Thank you. Lilya: Okay. I'm here on behalf of the children of these neighborhoods, hundreds of children who have had a bus to provide transportation to Hillsdale Elementary for the last several years. Recently they have put in other safety measures and taking the bus transportation away from our children. It recently was deemed a walk zone and they are within the more than the 1.5 miles they have to -- they can ride a bus, but less than 1.5 miles they are within the walk zone. Our neighborhood is currently experiencing a tremendous amount of construction. We have nearly 300 new homes that are being built right now. The construction traffic of use on Taconic where our children walk to school is heavy. The construction workers speed through the -- the road. They are oblivious to children walking down the road and there is thousands of homes in the area that feed into this connection between Eagle and Taconic. They are working while the kids are walking to school and they are disruptive for the children. Once the children navigate through this heavy traffic area they -- they reach Eagle and Taconic where there is a HAWK signal. It's a recently installed HAWK signal and it's new to traffic. People are unaware that it's there and they don't pay attention to it. They recently reduced the speed limit to 45 miles per hour, it was 50, and people are still unaware of the speed limit reduce. It was taken down two weeks ago. This week alone -- so, they have provided a crossing guard for us as a safety measure for our children walking between Eagle and Taconic. This week alone I have driven my children to school, because I don't feel like it's safe. There was first day no crossing guard. The next day there was a crossing guard wearing a black hoodie who had no stop sign and no vest to identify her as a crossing guard. This is unsafe for our children. She can't be identified by children or traffic. The third day the crossing guard was vaping in her car. Today Meridian City Council Meeting Agenda November 20, 2018 – Page 9 of 370 Meridian City Council November 7, 2018 Page 4 of 98 there was no crossing guard. It's so inconsistent, we cannot trust our children can safely cross Taconic Road on their way to and from school. The City of Meridian Comprehensive Plan ensures safe routes to school. Several of us have made repeated contacts through the proper channels, including the Hillsdale Elementary School president Khristie Bair, the ACHD, West Ada School District and the Cascade Student Transportation. We have talked to all of these people repeatedly trying to get something done to ensure a safer route to school. Because the school district has deemed our house in the walking -- in the walk zone, we have kindergarteners and first graders, they are encountering life threatening routes each day to and from school. We are convinced that a terrible accident may happen to our children. Like our cities own accident that happened in Lochsa Falls several years ago when an eight year old boy was killed on his bike in the neighborhood, we don't want to be a case study. We want to find a way to stop this before it happens. During the planning of our community this Meridian Southern Rim Coalition testified under the assumption that busing would be eligible for all of the kids in our neighborhoods. It's no longer eligible. One of the Southern Rim Coalition representatives Susan Karnes witnessed a near miss accident where a child was riding his bike through the HAWKS signal last week. A car came 50 miles an hour and slammed on the brakes and almost skidded into the child. This is just one scenario of what could happen. De Weerd: Kara, I'm sorry, your three minutes are up. Does one of the other of you want to take it from there? Aguilera: Hi. My name is Sara Aguilera and I live at 2003 East Mores Trail Drive. De Weerd: Thank you, Sara. Aguilera: Good evening, Madam Mayer and Members of the Council. As the founder of our community Facebook page and the liaison to Meridian Police Department for our neighborhood watch program, I was designated at the beginning of the school year when we first heard the bus would be removed and was successful in retaining the bus for what I was told would be until the sidewalk on the north side of Taconic was completed and a crosswalk was put in place. I have a photo -- Mr. Coles, are you able to put that up? Coles: You can use the mouse there. Aguilera: Oh. Thank you. So, is that -- can you see that? These photos demonstrate the newly added crosswalk between Taconic and as you can see it is very reminiscent of a speed bump, a normal typical speed bump. There is in no way any indication to traffic or children that it's a crosswalk. There are no flashing lights, no reflectors, no signage at all. The signage that does currently exist is a sign put there for construction, an orange sign in the shape of a diamond, that says bump, which is exactly what this looks like. It is not an effective crosswalk at all. I personally wrote ACHD about this asking if they would consider reflectors and flashing lights and was told that it was not a concern, because our children are not walking to school in the dark. I think that this Meridian City Council Meeting Agenda November 20, 2018 – Page 10 of 370 Meridian City Council November 7, 2018 Page 5 of 98 crosswalk is grossly negligent in providing a safe route to school for our children and, again, we are all here on behalf of many, many, many parents in our community who are really wanting to fight for a safer way to school. Our kids deserve it and, like Kara said, we don't want to be a case study, we don't -- want to take something serious and -- and definitely to get this addressed. Thank you for your time. De Weerd: Thank you, Sara. Murray: My name is Dawnise Murray and I live at 2133 East Mores Trail Drive. My primary concern is just like the fellow moms up here who are talking about the safety and welfare of our children. They are being asked to walk well over a mile to and from school each day and that distance becomes an additional hardship and possibility for children with various special needs and I'm coming to you with that situation. My child has hypotonia and that distance is far beyond what is capable and we moved into a neighborhood that since the school opened we have been serviced with a bus and now that bus is being taken away and an undue hardship and an unsafe situation is being presented to our children. So -- you want to close? De Weerd: Thank you. McCumber: Hi. I'm Michelle McCumber. I'm at 2355 East Lodge Trail Court. I think -- I think the number one priority that -- that we are here for is that we just feel unsafe and if there was a way -- I don't think we are here to whine and complain about the mile and a half. I get it. Everybody's walked to school at some point in their lives. But I think the fact that our five year olds are being asked to cross Eagle when there could or couldn't be a crossing guard is really the concern. I think the Eagle Road aspect of it is the number one priority. I didn't even know until we were sitting here that the speed bump in the neighborhood was a crosswalk. I had no idea. There is nothing that -- I just thought it was to slow the traffic down. But, regardless, I think the number one priority is Eagle Road. I have actually crossed the street with my children on bike and I have had the crossing guard just in chatting tell me that she has been in the middle of Eagle Road with the 20 mile an hour blinkers going with the red solid people are crossing light with her full crossing guard uniform, stop sign, in the middle of the road and she's like -- and I have had cars whizzing by me at 50 miles an hour. That as a parent makes me want to throw up. I looked at her and I said what are you talking about and she's like I don't have to tell you, she's like -- there is the lights, there is the blinking lights, there is my sign, there is my outfit and I have had cars whizzing by me -- I don't know if it's on a daily basis, but, regardless, I would never allow my child to walk or ride their bike without me present, just to sort of have more eyes. Nonetheless, I have also in the past three, four weeks, as well as even since the beginning of the school year when our kids did have a bus, witnessed no crossing guards at the three different allotted crossing -- Eagle, Taconic, and Stockenham and there just isn't anyone there. I don't know if it's a problem with the school district, but it's a problem with me as a parent feeling unsafe and I think that's what we are all here for. Meridian City Council Meeting Agenda November 20, 2018 – Page 11 of 370 Meridian City Council November 7, 2018 Page 6 of 98 De Weerd: Thank you. We appreciate you bringing it to this -- our future meeting topics. We can't have a discussion with you, because it hasn't been posted for the agenda, but we will have our police department follow up with you and give you some ideas of what maybe we can help facilitate and we will -- we will take it from there. If it is an item that is placed on a future agenda, we will also let you know that as well and certainly Council can request that additionally. So, we appreciate you bringing this to our attention. We appreciate your time and your concern. Thank you. Coles: Madam Mayor, just for the record, there were two other individuals that had signed up. However, they referenced a public hearing later in the meeting, so when we get to that item I will call them up at that time. Item 6: Consent Agenda [Action Item] A. Approve Minutes of October 16, 2018 City Council Special Meeting B. Approve Minutes of October 16, 2018 City Council Regular Meeting C. Approve Minutes of October 23, 2018 City Council Regular Meeting D. Baraya Subdivision No. 3 Pedestrian Pathway Easement E. Blakeslee Commons Subdivision Pedestrian Pathway Easement F. Caven Ridge Estates West No. 1 Pedestrian Pathway Easement G. Movado Subdivision No. 4 Sewer & Water Main Easement #1 H. Pathways Agreement (Master Pathways Update) Between the Nampa & Meridian Irrigation District and the City of Meridian Regarding Caven Ridge West #1 I. Findings of Fact, Conclusion of Law for Calderwood Business Park (H-2018-0103) by ALC Architecture, Located at the SE Corner of S . Meridian Rd. and E. Calderwood Dr. J. Findings of Fact, Conclusion of Law for Costco Wholesale Store H-2018-0066) by Costco Wholesale, Located at the SW corner of W. Chinden Blvd./SH-20/26 and N. Ten Mile Rd. Meridian City Council Meeting Agenda November 20, 2018 – Page 12 of 370 Meridian City Council November 7, 2018 Page 7 of 98 K. Findings of Fact, Conclusion of Law for Verado West (H-2018- 0085) by DevCo Development, LLC, Located at 3090 N. Locust Grove Rd. L. Final Order for Bainbridge Subdivision No. 9 (H-2018-0111) by Brighton Investments, LLC, Located off the SW corner of N. Ten Mile Rd. and W. Lost Rapids Dr. M. Resolution No. 15-1065A: A Resolution Modifying The Larkspur Subdivision Plat Notes #4, Note #6 And Note #14, As Well As The Buffer Width On The Face Of The Plat. Subject Property Is Located On The Southeast Corner Of S . Meridian Road And E . Calderwood Drive In The NW ¼ Of Section 19, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County, Idaho. N. Idaho Opportunity Fund Agreements with Idaho Department of Commerce and Paylocity O. Budget Amendment for Paylocity Idaho Opportunity Fund Grant Not to Exceed $300,000 (Net Zero) P. Professional Services Agreement with Treasure Valley Children's Theater Not-to-Exceed $6,000 Q. Award of Change Order No. 8 to JC CONSTRUCTORS , INC. for the WRRF Liquid Stream Capacity Expansion” project for a Not- To Exceed amount of $105,572.33. R. Award of Change Order No. 9 to JC CONSTRUCTORS , INC. for the WRRF Liquid Stream Capacity Expansion” project for a Not- To Exceed amount of $327,137.91. S. AP Invoices for Payment 10/31/18 - $689,649.57 T. AP Invoices for Payment 11/8/18 - $1,095,093.35 De Weerd: Thank you, Mr. Clerk. Okay. Item 6 is our Consent Agenda. Borton: Madam Mayor? Meridian City Council Meeting Agenda November 20, 2018 – Page 13 of 370 Meridian City Council November 7, 2018 Page 8 of 98 De Weerd: Mr. Borton. Borton: We have added the -- the extra zero on Item 6-O and with that previous amendment I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Little Roberts: Second. De Weerd: I have a motion and second to approve the Consent Agenda as amended. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 7: Items Moved From The Consent Agenda [Action Item] De Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. Request to Provide Water and Sewer Service to Un-annexed Property at 5233 W. Franklin Rd. De Weerd: We will move to our Action Items. For those of you who are new this evening to the Action Item and public hearing process, I just wanted to give you an overview of what that public process is. It also is described in your agenda. We do have staff make the initial presentation for the public hearing, giving some background information and information about the application that is in front of the City Council. The applicants will present their -- the details and it was, then, open up to public testimony. We do ask that you provide -- you keep your comments to three minutes and on the screen that will be in front of you when you are at the podium there is a little time clock on there, so you can kind of see what we see in terms of that time. At the end of public comment the applicant has the final word. They are asked to respond to testimony and answer any questions that our City Council might have. Then it really is opened up to our Council discussion to ask questions of staff, applicant, or any of those that provided testimony, that they may need further information from. I will also let you know that the public record is in the agenda item on our website. There is oftentimes you see the tip of the iceberg here at the City Council meeting, but there is a lot of information that -- from former Planning and Zoning minutes, applicant comments, written comments, that City Council has reviewed prior to coming to this meeting as well. Meridian City Council Meeting Agenda November 20, 2018 – Page 14 of 370 Meridian City Council November 7, 2018 Page 9 of 98 De Weerd: So, with that said I will go ahead and -- and get into our Action Items. Action Item 8-A is a request for water and sewer services. Mr. Nary, are you providing that? Or Clint? Nary: I believe it's Public Works. De Weerd: Okay. Nary: Yeah. De Weerd: Clint. Dolsby: Thank you. Madam Mayer, Members of the Council, what you have in front of you is a request that was submitted to Public Works to provide water and sewer service to an annexed property with no current annexation path and it's located at 5233 West Franklin Road. Public Works reviewed this request and water and sewer services currently reside in front of the subject parcel and are available to connect to this parcel. Public Works does recommend and it's kind to outlined in the letter that we -- that's in the packet and that we sent to the applicant to work with Community Development Department to make sure they comply with all the ordinances and requirements of that department and we had a few other concerns in the letter as well that we would like them to comply with prior to connecting to water and sewer services. So, with that I would stand for any questions. De Weerd: Council, any questions for Clint? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Clint, the conditions you are referencing are the four in your memo? Dolsby: Correct. Borton: That's it? Okay. Madam Mayor? De Weerd: Mr. Borton. Borton: A question for Legal. I don't -- what's the mechanism to ensure the consent to annex when contiguous is acted upon? That's one of the conditions, so how do you make sure that happens? Nary: So, Madam Mayor, Members of the Council, Council Member Borton, so in the past on these types of things -- there is kind of two things happening here. One is in the request for services we will prepare an agreement that will include the requirement for annexation upon being contiguous to the city. So, we will -- but the piece that's missing Meridian City Council Meeting Agenda November 20, 2018 – Page 15 of 370 Meridian City Council November 7, 2018 Page 10 of 98 that I think is a future discussion topic with the Council is in all other aspects of receiving city services, if you are an annexable, you go through Planning. Planning, then, requests from Public Works is it serviceable. If you're not annexable you go to Public Works to find out if you're serviceable and you have no direction to go to Planning and so it may be incompatible with future uses and we need to be aware of it, it may be incompatible with the comp plan or our ordinances or whatever. So, it -- I think a future topic for the Council will be to redirect our ordinances to put everything towards the Planning and Community Development side with the input from Public Works still relevant as to whether it's serviceable or not. So, that's one piece of solving this for the future, because we have three to four of these come up yearly where they are not annexable, but they want services now and, then, on this particular one we will -- as we have done in the past -- we -- we did one in the last year and a half or so off of Black Cat just on the east side of Black Cat was a home that had a garage mechanic facility behind it, we required that they -- as soon as they were annexable to the city they were required to annex and we annexed them as part of that. So, we will create an agreement to trigger that when it is -- when it is able to be done. De Weerd: Okay. Parsons: Madam Mayor, Members of the Council, if I could just speak on behalf of the Community Development Department. So, the Planning Division manager and I discussed this this evening before we started the Council meeting and we would request that before you ratify any kind of agreement with these property owners that they do submit their site plan and elevations to us, so that we can bring back some considerations or some future DA provisions for you to take under consideration as you enter into agreement with the property owner. This is part of our Ten Mile interchange specific area plan, so we do have a little bit of different standards out in that area and we want to make sure we are on solid ground as we allow them to move forward and develop in the county. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To accomplish that is it appropriate to table this a week or two to allow that to happen? I don't know why we would approve something contingent upon that future review. Why not have the review happen? Nary: Madam Mayor, Members of the Council, Council Member Borton, I think what you can do is direct that action to occur as we develop this agreement with the requester to get that done and bring that agreement back in front of you, because we don't have an agreement yet. Borton: Are we saying the same thing? Madam Mayor? Meridian City Council Meeting Agenda November 20, 2018 – Page 16 of 370 Meridian City Council November 7, 2018 Page 11 of 98 Nary: Sort of. I think you were just asking for that to be part of your direction that we include the Planning -- or Community Development as we develop this agreement with Butte Fence to bring this forward. De Weerd: Well, Council, do you need further information from the -- the applicant or the requester's representative or do you want this to come back in a different form on your agenda? Palmer: Madam Mayor? I mean we are here, if they have got something to say I would like to hear it. De Weerd: Okay. Good evening, Becky. If you will, please, state your name and address for the record. McKay: I think you already did. De Weerd: I didn't give your address or your last name. McKay: I think it should just be like, you know, typed out already. No. That's a joke. Becky McKay. Engineering Solutions. Business address 1029 North Rosario, Meridian. I'm representing Butte Fence on this particular application. I would just like to tell the Council Butte Fence has been a business in the City of Meridian just south of Fairview for many many years. Jared Bell, the owner of Butte Fence, has been for the past two years looking for a new site, because they want to expand their facility and their current location does not allow that and so I have looked at multiple parcels for him to try to figure out if it could accommodate their needs, if it was an annexable, serviceable and so we have gone through different parcels that they have passed on due to access issues, serviceability issues. Mr. Bell brought this particular parcel to me. We kind of evaluated it. We met with the staff. We did do a pre-application conference. It's quite obvious it is not contiguous with the city limits. However, you do have sewer and water facilities that are right in front of this property. This property is designated to go into that sewer shed where that service line is in front of it in Franklin Road and water is available. We did receive an e-mail from Warren Stewart saying that he had evaluated it and had determined that with the Council's approval the parcel could be serviced. However, obviously, we cannot be annexed due to the fact that we are not contiguous. I know that the Council has granted serviceability to another property for an industrial type we use north on Black Cat from Franklin and so Mr. Bell is agreeable to submitting elevations. We talked to staff in length about the Ten Mile specific area plan. The requirements of, obviously, that their office be oriented to Franklin. We provide landscaping. We provide articulation. The manufacturing facility will be south of Franklin behind the office facility. Their yard will be even south of that. The site is six acres, so it gives them room to expand in the future and continue their operation within the City of Meridian and that has been their goal from the very beginning. They said -- you know, Jared told me I don't want to leave Meridian. We love being -- having our business in Meridian. I don't want to have to go to Nampa or elsewhere. We just need to find the right parcel. And so based on the configuration, access, we have -- we have Meridian City Council Meeting Agenda November 20, 2018 – Page 17 of 370 Meridian City Council November 7, 2018 Page 12 of 98 met with ACHD, they will provide access to Franklin and, like I said, Warren has indicated that it is serviceable. So, therefore, we submitted application to you for a waiver, so that the City Council would allow us to have sewer and water facilities and, then, agree to compliance with the Ten Mile area specific plan and its designed review guidelines that are applicable and enter into an agreement with the city that at such time as the property is contiguous to the city limits that we will connect and we will pay all applicable fees for hookups and that apply to the city. But we will have to go to the county. I did do a pre-app with Ada county. Ada county said, you know, it's mixed employment, low density employment. They would allow us to go to an industrial zone, because they felt it was in compliance. Light fabrication is exactly what we have with the office as an accessory use. So, the county said we are supportive of this application. However, do not submit to us until the City of Meridian reviews the waiver for central sewer and water. The past sites that we looked at would have required like a septic system or a well and I told Jared, you know, that's just really, you know, for -- for commercial industrial type use it's better off if you can find a parcel that has central services to it, that has the ability to be annexed into the city and be served by Meridian services in the long term. So, that's what we are before you today. I mean this is kind of their last ditch effort. He's exhausted all other avenues and he wants to stay in Meridian, because it's important to Butte Fence to be a part of Meridian and continue to be a part of Meridian. So, we ask that you support this waiver and -- and request that your attorneys draft an agreement and we will submit -- we have elevations, we have site plans that we will attach to that agreement, so that staff can be assured that we meet all the requirements of the Ten Mile specific area plan and its design guidelines. Thank you. De Weerd: Thank you, Becky. Council, any questions for Becky? Borton: Madam Mayor? De Weerd: Mr. B orton. Borton: Becky, I appreciate the detail. That's very helpful. Procedurally do you think it would be appropriate to -- to continue -- I'm supportive of -- of what you're asking for. In light of all of the conditions and processes you have just described, would it be appropriate to make the determination on the request at the same time we are approving the terms of that final agreement? The devil is in those details that we would need to see. You have described them very well. It doesn't seem like it would delay any part of the process, but it would allow us to -- to make a -- kind of a more holistic decision on the waiver and the terms and conditions that go with it all at the same time. The reason I bring up that concern is if we approve, for example, a waiver right now and, then, we see terms and conditions that -- McKay: May not -- Borton: -- maybe they go sideways -- Meridian City Council Meeting Agenda November 20, 2018 – Page 18 of 370 Meridian City Council November 7, 2018 Page 13 of 98 McKay: Sure. Borton: -- so -- McKay: He is acceptable to a deferral in order to provide additional information and -- and have an opportunity for your attorneys to draft acceptable agreement that gives the Council that comfort level with moving forward with the waiver. Yes, sir. De Weerd: And I think you could probably do it concurrently. Borton: Yeah. Madam Mayor. And that's the thought is -- I don't -- I don't think it creates any additional delay, because you couldn't take conduct until the agreement was done anyway. McKay: No, sir. We cannot submit to Ada county. They told us not even to submit until we had something in writing from the City of Meridian stating that an agreement is in place. Borton: Okay. That's helpful. De Weerd: Okay. Anything further from Council? Borton: Madam Mayor? Is there a ballpark time frame that you think would facilitate that discussion and drafting? Nary: Madam Mayor, Members of the Council, since next week would be tomorrow, it would probably be the following week at the earliest. De Weerd: Okay. Borton: 20th or 27th? Nary: Yes. De Weerd: The 20th? Nary: Yeah. De Weerd: Okay. Does that work, Bill? Parsons: Madam Mayor, Members of the Council, it will have to work, because Caleb is not here to say if it's going to work for him. But, yeah, that should be sufficient. I think looking through the packet there it looks like we do have the site plan and elevations, so if we get that in front of the team we can certainly get working on that and work with Legal on that and bring something back to you on the 20th. Meridian City Council Meeting Agenda November 20, 2018 – Page 19 of 370 Meridian City Council November 7, 2018 Page 14 of 98 Borton: That works. McKay: And, Madam Mayor, we did submit a site plan and elevations to the staff with our waiver request, but my understanding from Mr. Bell is that they have since refined that and so we can give Bill even more additional information prior to the 20th. De Weerd: Perfect. And that was in our packet, so we did have the initial one and look for the update. So, the 20th works? McKay; Yes , ma'am. De Weerd: Okay. Thank you. McKay: Thank you. De Weerd: And thank you, Jared. Mr. Nary, do we need an official motion to put it on the 20th? Nary: That would probably be better, Madam Mayor. Sure. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that Item 8-A, the request to provide water and sewer services to unannexed property be continued to November 20th to come back to us for final decision, along with the agreement that was described in the meeting and the terms and conditions that Mrs. McKay had it set out, that will be drafted and provided for our review. Palmer: Second. De Weerd: I have a motion and a second on Item 8-A. Any discussion? Hearing none, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. B. Final Plat for TM Crossing Subdivision No. 3 (H-2018-0114) by SCS Brighton, LLC, Located at the NE Corner of I-84 and S. Ten Mile Rd. Meridian City Council Meeting Agenda November 20, 2018 – Page 20 of 370 Meridian City Council November 7, 2018 Page 15 of 98 De Weerd: Item 8-B is a final plat on H-2018-0114. Staff. Allen: Madam Mayor, Council, staff did receive a response from the applicant in agreement with the staff report after the timeline allowed for the Consent Agenda. Would -- would the Council like me to go through it or is that -- is that good for you? De Weerd: I think if the applicant agrees with staff comments -- Council, any questions regarding that? Would you like staff to walk through it? I think we are -- we are good. If you're good, do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve Item 8-B, the final plat H-2018-011 4. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 8-B. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. H. Public Hearing Continued from August 21 & October 2, 2018 for Bainbridge Franklin (H-2018-0057) by Steve Bainbridge, Located at 2075 and 2155 W. Franklin Rd. 1. Request: Annexation and Zoning of 3.68 acres of land with a C-G zoning district Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I meant to do this earlier, but Item 8-H, which will be continued, it's kind of buried down deep in the agenda. If it would be okay we could take up Item 8-H, open the public hearing, continue it -- or, excuse me, approve a remand or at least take action on the remand and check it off the list. Meridian City Council Meeting Agenda November 20, 2018 – Page 21 of 370 Meridian City Council November 7, 2018 Page 16 of 98 De Weerd: Okay. Borton: Do we need to amend the agenda to do so or just take that item up? De Weerd: We can take that item up. Item 8-H is H-2018-0057. I will open this public hearing. The request has been to remand this back to the Planning and Zoning Commission. Is there any member of the public that is here on this item? Okay. I know the applicant is here. Council, any questions on this request for a remand? If not I would need a motion to remand this 2018-0057 back to Planning and Zoning. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Seeing that nobody is present here to provide any testimony on this application and it is a request from the applicant for this remand, I would move that we remand Item H-2018-0057 back to the Planning and Zoning Commission. Little Roberts: Second. De Weerd: I have a motion and a second to remand Item 8-H to the Planning and Zoning Commission. Mr. Clerk, will you call roll. Coles: Before I do that, Madam Mayor, I know that I had spoken with Planning and they did have a request to have this project renoticed for when it is remanded back to the Commission. Just wanted to make sure that when we set that hearing that that is included and whether or not that comes at the cost of the city or the applicant to renotice the project for the Planning and Zoning Commission hearing. De Weerd: Okay. I would imagine it is at the cost of the applicant. Does that need to be included in the motion? I think just because you stated it on the record -- if Council agrees. Borton: Motion would so include. De Weerd: Okay. Second agrees? Okay. Thank you, Clerk. Coles: Thank you, Madam Mayor. De Weerd: Will you, please, call roll. Roll call: Borton, yea; Milam, absent; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Meridian City Council Meeting Agenda November 20, 2018 – Page 22 of 370 Meridian City Council November 7, 2018 Page 17 of 98 MOTION CARRIED: FOUR AYES. TWO ABSENT. C. Findings of Fact, Conclusion of Law for Owyhee High School (H2018-0075) by West Ada School District, Located at 7020 W. Ustick Rd. De Weerd: Okay. Item 8-C is the Findings of Facts and Conclusion of Law for H-2018- 0075. Council, in front of you you do have the findings for this. Are there any comments from staff? Allen: Thank you, Madam Mayor, Council. The findings for this project were placed on the regular agenda for Council's review tonight in order to ensure the accuracy of such prior to approval. Two different versions of the findings were prepared. One from staff's interpretation of the motion and another from the school district's interpretation of the motion. We were not clear what Council's intent was. So, the findings that you have before you from the school district should be labeled as such at the top. The school district did submit revised -- revised context site plan and a revised conceptual roadway plan that depict the east-west local street stubbing to the Flowers parcel and an easement for future right of way dedication over the school property to the east of the Flowers parcel to the Woodside property, which does leave a gap in between that relies on easement from the Flowers to complete the road, as you can see right here in this little area between the purple and the green. If this was Council's intention in their motion then, should approve the findings marked with the school district. If the intent of the Council was for the school district to provide a local street to the Flowers property with an easement to the Woodside property across the school property for connection to the north-south collector street in its entirety, staff is recommending the other set of findings that are considered. If that is the case to ensure the intent of this condition is realized, staff recommends the condition is modified to include the text there in your hearing outline. Further an easement shall be provided over the portion of the subject property to the Woodside Avenue Investor, LLC, parcel for future right of way dedication and construction of a public street from the Woodside property to the north-south collector street. Was very confused with the motion, so if you have any question for staff I'm happy to answer them. Otherwise, it's all you. De Weerd: Thank you, Sonya. Borton: Madam Mayor? De Weerd: Yes , Mr. Bor ton. Borton: So, you reference findings of fact, which we have got an individual single version of that. We have multiple -- two versions of the DA. Allen: Yes. Borton: Not the findings. Meridian City Council Meeting Agenda November 20, 2018 – Page 23 of 370 Meridian City Council November 7, 2018 Page 18 of 98 Allen: An exhibit to the findings. Borton: Okay. Allen: The exhibits. Borton: So, the language you were reading just a moment ago, what's the -- give us the section you are reading from, so we can track it. Allen: Sections -- excuse me. Yes . Sections 1.1.8 were noted by the applicant and 2.1.6, which is now shown as 2.1.5. I'm sorry, there was a discrepancy in the numbering. So, the ones before you will be 118 and 215. De Weerd: Council, any other questions for staff? Allen: And just as a side note, Madam Mayor. Public Works was okay with the applicant's change to 2.1.5. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Sonya, so it just comes down to whether we intended for an easement to be provided for the rest of the way eventually when it's across the canal; right? Okay. Allen: Yeah. I was under the impression at the hearing -- and I made a comment on the record that I was very concerned with -- with Council approving the plan as shown without some kind of resolution on how that connection was going to take place to the Woodside property. Council ended up moving forward with the motion without that clarification and this is -- this is what we ended up with. So, I -- that's -- that's the big issue is did you intend for this connection to be able to happen in its entirety or did you intend for this gap to be left here? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: If I'm remembering the motion, I -- I believe that we were -- the motion was to stop at that property line and provide a stub, if I'm remembering correctly. De Weerd: So it was -- it did create a landlocked parcel. Bernt: Madam Mayor, follow up. So, basically, if I'm remembering correctly -- and maybe Mr. Borton should be speaking instead of me, because he made the motion, but I think that we were going to stop right where that green -- where the green stops and Meridian City Council Meeting Agenda November 20, 2018 – Page 24 of 370 Meridian City Council November 7, 2018 Page 19 of 98 create a stub street and, then, we left open the negotiating part between Flowers parcel and the applicant and Woodside about how they are going to connect to the purple. That would -- that would -- that's the open part that was never discussed. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Yeah . I -- I mean I don't believe the motion specifically mentioned the purple line. However, the bulk of the discussion was whether we should force the district to build the bridge or not, understanding that that's probably the route that the road is going to take and it appeared that the district didn't have any complaint about the road going there, they just didn't want to construct the -- the rest of the road or the bridge. So, while it wasn't specifically mentioned in the motion, I totally believe that the intent was to provide the easement should the road need to be crossed the canal at that point and take place on that property, rather than on the Flowers' property. De Weerd: So, provide the easement, but not to have to construct the bridge or the roadway. Palmer: Right. De Weerd: Okay. So, as the motion maker, Mr. Borton. Borton: Madam Mayor, I -- not my favorite way to try and address this. Allen: Nor mine. Borton: And, frankly, I think the minutes should reflect exactly -- I think the west -- the version that you have marked school district and it's depicted on the right, is the version that was approved at the meeting. And I agree with Mr. Bernt. I think that's what he was saying as well. That's my recollection. De Weerd: Yeah. So, it -- it would be rehearing of an issue that was -- was decided with -- with the motion as I was. So, it was essentially creating a landlocked parcel. And some -- some might frame it that way. Palmer: Without the easement. De Weerd: Without the easement. Allen: If that's the Council's decision, then, that would be the exhibit to the findings marked WASD. Meridian City Council Meeting Agenda November 20, 2018 – Page 25 of 370 Meridian City Council November 7, 2018 Page 20 of 98 Borton: Madam Mayor, if those are the -- those are the conditions that reflect the motion and decision that was made the evening, then, those are the conditions that should go forward and be approved tonight. De Weerd: And I think what staff is saying is it wasn't clear to them. So, Mr. Nary, what options do we have in -- in coming to a conclusion on this? Nary: So -- so, Madam Mayor, Members of the Council, in reviewing the discussion -- that's why there is two alternatives. In reviewing it, Planning did raise that concern. I would agree with Councilman Borton, I think what I heard in listening to the hearing and watching the video of it, is what the school district has proposed is what the motion was that was approved. There was a substitute motion to do what -- what is the alternative here and that did not receive a second and, therefore, the vote was as this depiction is, that the requirement was -- and I believe I asked the question, is the requirement to build the roadway to the edge of the property of the school district and the answer was yes. So, I believe what the school district has -- has recommended as what they believe the findings were was what I heard. But, again, it wasn't very clear. So, it really is on -- on all of you is this what you believe you made the motion on based on what we reviewed -- again, it's very -- it's very muddy the way it was. We tried clarifying it that night and even as we looked at it again last week it's still a little murky. But it's your motion and that's why we are asking -- you get to approve the findings. Is this what you intended. If it -- if -- if what you said, Council Member Borton -- what I heard was what is on the screen, is that portion that requires, then, someone to acquire that easement. It is not on the school district to do it. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: So, my -- my substitute motion I had made imagining this is count -- the revised conceptual roadway plan here as Councilman Borton motion's intent and my substitute motion was to require that the district construct the bridge and provide the easement. That's why I was happy to approve it, otherwise, because the only thing that was being taken out of my substitute motion was the bridge -- with the rest of it. So, that -- that's my interpretation of the intent and the reality of the motion, even though it may not have been specifically said, the easement is -- I feel like that was the intent all along. Allen: Madam Mayor, may I -- staff took that to mean stub to the Flowers' property with an easement to the north and over to the Woodside property and that may have been incorrect, but that was what staff understood. That is not what's depicted on this plan before you. So, that -- that was the issue of clarification for staff and that's the reason for my comment at the last hearing was if -- to avoid this. Bernt: Madam Mayor? Meridian City Council Meeting Agenda November 20, 2018 – Page 26 of 370 Meridian City Council November 7, 2018 Page 21 of 98 De Weerd: Mr. Bernt. Bernt: I feel like we are getting in the weeds a little bit. I don't -- I don't know if it's appropriate -- although I would love to discuss it more, but I don't feel it's maybe appropriate to discuss anything that was outside the bounds of what the motion was and what was seconded and what was voted upon. So, if the minutes -- if there was a word that said easement, then, we are -- then it should be included. If not, then, it probably wasn't. I think that's the crux of the problem, though, is because it wasn't specific to the motion that gave the -- the gray area that we are trying to get clarification on so you're voting on the correct findings. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Okay. Sonya, so your -- the green and purple is what the district is proposing and -- okay. I thought -- they weren't wanting to provide the purple line, the easement, so the problem is where we are just saying whether they need to go northwest a little bit. Allen: Yes . Madam Mayor, Councilman Palmer, and the plan before you was the plan that was shown at the hearing that night. As you can see there is -- there is kind of a stub that goes up over here. So, either way there was an easement across the school district property to the Woodside property. The -- the entire issue is -- is as you can see here, this doesn't cross the Flowers property necessarily. This -- this plan here is reliant on an easement or right of way dedication across the property that's an out parcel of this application. Borton: Madam Mayor? I think the only real option we have is to table it a week and go review the minutes and listen to the audio. It would be inappropriate for us to try and, in essence, we hear it right now, if it -- if you're of concern that it wasn't necessarily, then, we got to go review those minutes and make that determination. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: That I really understand what I'm saying here, to me it's -- it's a no brainer, because why would the -- why would we have any interest in there being an easement at all if -- it's kind of pointless there where it is if Flowers has got to be on board anyway. So, if the intent is to have an easement connecting to the northern property, the point is that the easement access is the road that's going to be constructed, that's what we were talking about is -- is they didn't want to build a bridge so, okay, at least, then, provide the easement to connect to the road that you are going to build, so that Flowers doesn't have to be a relevant part of -- of being able to connect to anywhere. So, I -- I am Meridian City Council Meeting Agenda November 20, 2018 – Page 27 of 370 Meridian City Council November 7, 2018 Page 22 of 98 extremely comfortable in approving or -- a version that pushes that easement all the way to and over the canal there. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I would love there to be a bridge built, too, along the way, but, unfortunately, that's not how that was discussed in that -- I don't believe in that -- in that motion and so I -- if there is confusion -- I mean we could talk about this all night long and, you know, there is a bunch of people out here waiting to talk -- you know, listen and to discuss other applications. I -- I'm with Mr. Borton, we just need to listen to the minutes and know exactly what was said and what we need to do and I think it's the only way that we can -- and I'm sure the other Council Members here that would like to pipe in as well. So, I agree that we probably should table this, listen to it, figured it out and make a decision next week. That's the prudent thing to do. De Weerd: Okay. I would need a motion to continue this to a date certain. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we continue this is -- what is it -- is it 8-C? De Weerd: Uh-huh. Bernt: Until next Tuesday to discuss further the conclusions that we find on the audio in relation to what was said during this application. Borton: Second. De Weerd: Okay. I have a motion and a second to continue this. Any discussion? Mr. Clerk. Coles: Madam Mayor, just to be clear we don't typically handle land use items on a workshop Tuesday. However, it is Council's purview to -- to do that if Council wishes to do that, but just as an FYI, next week is the workshop meeting. De Weerd: Thank you. And it -- it is kind of finding of fact and -- and we will -- we will see where next week takes us. Okay. So, the motion was to continue Item 8-C to next week. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. D. Public Hearing for Timber Creek Recycling (H-2018-0042) by Meridian City Council Meeting Agenda November 20, 2018 – Page 28 of 370 Meridian City Council November 7, 2018 Page 23 of 98 Michael Murgoitio, Located at 7695 S. Locust Grove Rd. 1. Request: For the sole purpose of reviewing and considering conditions of approval in the matter of the request for a Modification to the Development Agreement De Weerd: And so I assume Council will have the opportunity to review the minutes and come back with your opinions next week. Okay. Item 8-D is a public hearing for H- 2018-0042. This request was for the sole purpose of reviewing and considering conditions of approval in the matter of the request for a modification to the development agreement. Mr. Nary, is there anything you would like to add to open this for discussion? Nary: Madam Mayor, Members of the Council, when we continued this a couple of weeks ago staff had prepared conditions that could be considered for inclusion into the modified DA. There was an opportunity now for the applicant to provide input about those conditions, because they hadn't seen them for a very long period before that meeting. They have now provided -- it is in the record and their feedback in regards to that. There is also another memorandum that was provided today by Josh Leonard and representing some of the neighbors in this area as well. What we discussed when this was continued was this was continue not to -- not to reconsider the decision, but simply to -- to consider the addition. So, any testimony is taken is only relevant to the conditions that are being proposed, not to the decision that's already been made. So, if whatever public input there is has to be narrowed to that and that was all that it was continued for and you have, again, staff 's original conditions and you have both -- or both the applicant, as well as at least one Council that has provided some feedback on those specific additions. De Weerd: Okay. Since this is the first type of public hearing of this, how do we go about it? Nary: I think, Madam Mayor -- I think from the staff standpoint if you want -- I mean Sonya could walk through what was provided. I think we just -- I thought we discussed that two weeks ago, but maybe I'm wrong. It gets a little fuzzy after a while. We walked through what was -- what was submitted by staff and what the basis of that was and then -- and, then, the opportunity for the applicant to, then, comment and, then, the opportunity for others to comment. I think, again, as long as the comments are narrowed to just these conditions and that's all we are discussing tonight, I think that would be the -- the gist of the hearing. De Weerd: And it was brought back because the staff report was for denial and so we had not done the evaluation for conditions of approval, which is what that discussion is about tonight. Nary: Yes. Meridian City Council Meeting Agenda November 20, 2018 – Page 29 of 370 Meridian City Council November 7, 2018 Page 24 of 98 De Weerd: Okay. So, Sonya, I will turn this over to you if you want to walk us through what those conditions of approval were. Allen: Madam Mayor, Council, do you have a copy of the staff recommended DA provisions -- or modified provisions before you? De Weerd: Yes . Maybe it's easier to ask Council if they have any questions. Allen: I think -- Madam Mayor, there is -- there is a long list of recommendations. De Weerd: Council, at this point any questions for staff on the staff recommendations? Is the applicant here? I know you're not the applicant to the topic that is being discussed on conditions of approval, but you are the applicant of the proposed modifications. So, if you want to walk us through some of your concerns about the staff conditions that have been proposed. Murgoitio: Okay. Thank you. My name is Mike Murgoitio. I'm the managing member of Timber Creek Recycling, LLC. My business address is 7695 South Locust Grove, Meridian, Idaho. 83642. Madam Mayor, Members of Council, I want to thank you guys for giving me the opportunity to go over some of these recommendations with you tonight. Pretty proud of our team that we have kind of put together with staff and trying to put a combination together that pleases the neighbors and something I think the city will be pretty happy with. Let's see here. So, this is kind of our landscaping plan we have put together. The only thing that staff recommended was a ten foot berm and if you look in the red up there on this little corner right here, we did just that. That berm will be ten feet higher than center line of road, which I think is a requirement and we tapered it down -- kind of down in this area right here, because we have some structures here and some easements with the irrigation district that we really couldn't, you know, keep it at that height and width. It's three to one slope. So, we kind of taper that down. We also add an additional berm here along this tree line and we did that so we had two forms of berms and buffers and that tree line is kind of going around the entire perimeter of the property. This room right here is ten feet higher than center line of the road right here. There -- this one here is not, it's only four feet, and we did that, because we wanted to kind of keep it safe for truck traffic going in and out, can have a visual both left and right, for a safety issue. One of the other recommendations from staff was the crushed asphalt and dustless material. We agreed with that. We thought that was a very good idea. So, we put kind of a crushed asphalt roadway in here around the retail area and our offices and where some -- most of the traffic will be going around. But we did not want to put the dustless material kind of around in this area where the recycling happens, nor did we want to take out the 4,000 gallon tank. We felt like the dust -- or the -- the wood material gets down on the -- the floor of the ground and it kind of becomes a dusty material that has to be watered. So, we didn't really see the point. We have seen other sites that did this and it gets immediately covered up and you can even see any of that there. So, we felt like it was kind of a moot point. I'm probably going to turn it over to my attorney for the rest of the remainder. Meridian City Council Meeting Agenda November 20, 2018 – Page 30 of 370 Meridian City Council November 7, 2018 Page 25 of 98 Cranny: Mayor and Council Members, Justin Cranny. Hawley Troxell. 877 Main Street, Boise, Idaho. Thank you for having us today. It's been -- we are grateful for the additional opportunity to come before you with additional time to review the conditions. It was kind of a surprise at the last hearing to have those and not really have time to contemplate and think about the impact they may have on the proposed use of the recycling property. Having spent more time, we met with city staff and the city attorney to talk through some of the conditions, some of the real concerns we had about these conditions and how they would or would not work -- to start off just run through some of the highlights. I mean we -- I submitted a memorandum which outlines the majority of our arguments, but a couple are worth mentioning in detail. The first is the year limitation. We were quite surprised to see that limitation, specifically because that was extensively discussed by City Council and ultimately rejected in the approval, as it was a very key point in the approval as it was -- we feel that having the condition added questions the approval itself. As such we really dispute having it added, because it will go towards the approval of the actual development agreement. The nuisance language that was added -- we understand the nuisance obligations apply. We don't feel it's appropriate to add it to the development agreement. Should the Council feel they would like it there for informative purposes, so that people really know that it does apply, we have proposed some language that we believe will fit with both the spirit of the nuisance law and also protect our interest. As for the jurisdictional question, we are fine with having any entity that has jurisdiction has jurisdiction. The DA -- amended DA will not change that. If they have jurisdiction, it's there. If they don't, it's there. What we did not want was to have the city put in the position of having to potentially review, interpret, and enforce a rule or regulation of say the EPA . I don't think you want to do that. We are fine with complying with it to the extent the EPA requires a compliance. So, in discussion with city -- City Council, what we pulled out of our meeting was, listen, if there is a rule or regulation that's enforced, you comply with it. Great. If it's a rule or regulation of the EPA, for example, has no interest in pursuing against this use, we are not going to be the one to take that step. So, the proposed revisions try and clarify that point -- bring that point out. As for the landscaping, just to clarify what Mike said, when we met with staff they said, listen, you know, maybe a good compromise here is what the city requires next to state highways is a ten foot berm above center line of the adjacent highway. Well, Mike, as required as part of the tier two designation, has to put berms essentially around a majority of the recycling area. So, he went out and shot it. We are happy to have people go out and verify that, but a large portion of the existing berm does meet that requirement. So, it's in compliance with city code at this point, but where it does not, the landscaping is going to make sure that that is also screened. Returning to the dust abatement. Again, it was -- we were surprised to see that the whole hundred move -- or the whole removal of the proposed dust abatement was proposed as Mike stated, would remediate and keep the dust issues to a minimum. Putting down an asphalt surface as in the proposed conditions require not only on the roads and the driveways, but also everywhere there is driving, which would include where the comp -- where the grinding goes on, which would, in essence, cause the dust to fall on that, which the water would not be able to get properly wetted down and keep it wet long term, because if it's on asphalt in the summer that water will dry up really fast, create more dust issues. Meridian City Council Meeting Agenda November 20, 2018 – Page 31 of 370 Meridian City Council November 7, 2018 Page 26 of 98 Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Justin, I don't want to interrupt, but I don't remember anything that stated anything about asphalt. Was there -- I mean does it -- does it have to be asphalt? Cranny: It doesn't have to be asphalt. Bernt: Do we give them multiple options as to what -- I don't -- I don't remember even asphalt being one of the options. De Weerd: I don't know. And that's the problem with not having conditions of approval is you don't know specifically what you need to -- to have a discussion on. We do have an ordinance in the city that addresses that we have to have dustless surfaces and pavement is usually always recommended, so -- Cranny: So, you are correct that we did not only require asphalt. There was a list of potential dustless materials, but as Mike pointed out, gravel, rock chips, plant vegetation -- A, the plant vegetation will not survive. B, the gravel, et cetera, will get buried. It just -- the water is the best way to remediate the dust and keep the impact down. So, we are -- as Mike stated, the proposed language that -- condition that we are submitting says we will do the dustless material on the entrance, on the roads around the offices and into the retail area. For the balance they will stay with the wetting or the water with water trucks, the sprinklers, et cetera, to keep the dust down. Murgoitio: There is a landfill in eastern Idaho that lays down a dustless material and they have a lot of dust from their track out. Now, we will have conditions in there for our erosion control and -- and, you know, plans for controlling track out, but, you know, if you have your equipment going over -- run over compost and different things, you're going to -- it's going to be everywhere. So, you're just really going to want to water it down, instead of trying to, you know, put a dustless material down and have a future problem. Cranny: Just one last point I think is worth bringing up. The disposal -- one of the conditions was drafted in a way that if strictly read could, essentially, prohibit the use granted under the amended development agreement. Essentially said you can't bring recycled materials to be disposed of on the property. Well, there -- or process. And so -- or buried. I'm sorry. Buried. Well, we choose being brought in, for example, leaves. They are being processed and potentially will be buried, because they are a soil amendment and so that -- that condition simply did not work with what the approved amended development agreement allowed. So, we have agreed that there will be no burning or incinerating, but that the recycle -- recycled -- process recycled materials could be buried and -- my mind went blank. I apologize. Meridian City Council Meeting Agenda November 20, 2018 – Page 32 of 370 Meridian City Council November 7, 2018 Page 27 of 98 Murgoitio: Talking about the -- the equipment. Cranny: Oh. No. So, the language is in paragraph 12. So, with that I think the memorandum provides kind of our position and proposed conditions that Timber Creek would find -- or as proposing find acceptable and be happy to add as conditions to the amended development agreement. I stand for any questions you may have. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: One question that I had, Justin -- Cranny: Yes. Bernt: So, in -- in the memo, in section four, it states that -- it says the recycled material is both before and after -- this is section four. Did I state that? I apologize if I didn't. Recycled materials both before and after processing, may be stored on the recycling property and on the balance of the property. So, what -- so, what is the balance of the property? Cranny: The property is defined as everything the amended development covers. It's the portion north and south of the recycling area. Bernt: So, we are not talking about like another -- because I know the Murgoitios own and use other -- we are just talking about like maybe another spot within this -- Cranny: Yeah. So, a pile of compost will sit out on the field just north, for example, of the recycling. So, if you look at the map that's up, there is that blue line on the northern edge. It might sit on the other side of the canal, just a pile of compost. Bernt: Madam Mayor? But within the blue -- within the confines of what you are -- with what you are representing, though, right? You 're not going to go beyond that? Murgoitio: We are not going to process beyond that. So, like if I want to apply compost to my fields to the north, I want to be able to do that, and if I -- if I amend it to just this, then, I wouldn't be able to apply it. Bernt: Madam Mayor? I -- you know, applying your compost on your field is fine. What I have issues with is a big pile of whatever that's outside of the compost -- was outside the confines of what we are talking about. So, if you're applying the compost to better your fields and your farming, that's -- I don't -- I don't presume a problem. I think it's fantastic, but -- but to put like a big pile of leaves or something that's outside of the berm area that's being protected, you know, from -- from passerbys or from homeowners that are nearby, I think that wouldn't be appropriate. Meridian City Council Meeting Agenda November 20, 2018 – Page 33 of 370 Meridian City Council November 7, 2018 Page 28 of 98 Murgoitio: I agree. I agree. So, we can limit it to just process material or just limit it to applying as a soil amendment, something of that nature would be fine. Bernt: So, what you're saying is that we need -- we need to make -- to make an amendment to section four saying that only recycled material will be used within your farming, you know, applying it to better -- better your farming needs, not a storage facility of excess waste that may be used in future recycling. Murgoitio: Okay. For -- for this property. So, I would still be able to store it on my feedlot for storage for bedding, so when it's wintertime I can still store it and use it on site; right? Bernt: Yeah . Murgoitio: Yeah. It's further north. I just don't want to get into a -- into a thing to where, you know, I missed stated one thing and I -- because we do store a bunch up there for immediate use. Bernt: Right, I -- yeah. Yeah. Murgoitio: So, I don't mind not doing it around that property. So, the property at hand I don't mind not storing outside that blue line, that's fine, but up there at the feedlot I would prefer to have my -- my mulch right there. Bernt: Madam Mayor. As it currently stands you're not going to be adding to the northern property with bigger piles of whatever, it's just what you currently do. Murgoitio: Uh-huh. Yeah. De Weerd: What is currently allowed in your DA? So, why call it out at all? Murgoitio: Say -- say that again. De Weerd: If it's already being done and it's currently part of the conditions that you had prior to -- or when you annexed, then, why are we changing the language? Murgoitio: We don't -- we don't have to, it's just one of those conditions. If the -- if the Mayor and Council wants to, you know, adjust or surrounding neighbors think that might be a negative impact on them, we are -- we are here to kind of work with you to -- to make a -- you know, a fair deal for everybody. But, yeah, currently our DA says we can stockpile, you know, on ground, ground -- it doesn't matter, anything on this section of the property. So, we -- you know, how we have been operating is we were going to keep everything processed in the confines of the recycling area and, then, unprocessed -- or once it's processed and ready to go, we are going to have the option to extend it out. But if we don't want to -- if you guys don't want to do that we don't have to. It's not like we are lacking for space on this property here. Meridian City Council Meeting Agenda November 20, 2018 – Page 34 of 370 Meridian City Council November 7, 2018 Page 29 of 98 Bernt: Madam Mayor? I don't have a problem at all with -- with what you're doing on the north. You know, those tortillas as we are talking about, where you put the tortillas and you recycle that into like, you know, better feed for your animals. No big deal. That's been going -- I believe -- Madam Mayor -- you have been doing that for a long time. Murgoitio: Yeah. Bernt: It's no big deal. But it has to do with your -- your operations with your farming, with your ranching, not your recycling. I guess my only concern is leaving piles of whatever that will be in a different location other than what's specified for future recycled use that you may or may not be selling or using in your business. Murgoitio: Okay. Can I get a little more clarification on that? So, you're saying you -- you are -- so, like let's say the example of our -- my -- my cattle bedding that's stored right up there at the feedlot, right -- Bernt: Right up to the north? Murgoitio: Yeah. Up there on another complete section of property around 5985 South Locust Grove. Bernt: Oh, no. I'm familiar. Murgoitio: That would be the only thing that -- or you don't want me to store my mulch up there for my -- my bedding there, is that what you're wanting to do or -- Bernt: If it -- if it -- Madam Mayor. If it relates to your farming -- Murgoitio: Yeah. Bernt: -- and your ranching -- Murgoitio: Yeah. Bernt: -- that's what you currently do. Murgoitio: Yeah. Bernt: No problem. Murgoitio: Yeah. Bernt: But as it relates to your new business that you are creating -- Meridian City Council Meeting Agenda November 20, 2018 – Page 35 of 370 Meridian City Council November 7, 2018 Page 30 of 98 Murgoitio: Oh, yeah. Bernt: -- that's what I'm talking about. Murgoitio: I agree. Hundred percent. Yep. This one down here. Bernt: Okay. De Weerd: Yeah. Let's just keep the comments about the property that -- that this application or DA modification is about, because I don't know what you just talked about, what that property is, and I think that that really collars this conversation, because now I'm curious to where that is in -- in relationship to this and it has nothing to do with this modification. Murgoitio: It doesn't. It's a feedlot operation that operates -- we feed cattle there. We farm there. It's where we -- all of our feed goes that we harvest it goes to that location. We feed cattle and -- De Weerd: And that's all annexed as well and -- Murgoitio: Yes. De Weerd: -- under its own DA and you're not -- Murgoitio: Yes. Correct. It's not part of the -- De Weerd: -- intensifying the use of that. Murgoitio: Nope. No. Bernt: Madam Mayor? De Weerd: Okay. Bernt: They spoke about this in the original -- I remember talking about the tortillas and stuff or -- you know, when -- in a -- in a past presentation and so I don't think what we are talking about is anything new. Murgoitio: No. Bernt: Maybe forgotten, but nothing new. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I -- and I think it's -- I think it's okay. I mean I don't think we should go further afield than we are. I think we are just trying to Meridian City Council Meeting Agenda November 20, 2018 – Page 36 of 370 Meridian City Council November 7, 2018 Page 31 of 98 make sure we separate the existing use for -- towards this expanded and I think that's where Council Member Bernt was going, was that we just want to make sure we are not going to spill over into the existing uses with this expansion. Bernt: Right. Nary: And so I think that's where the separation we were trying to draw the line between, not redefine it or reopen it to other discussion. De Weerd: Okay. Any other questions from Council? Murgoitio: Thank you very much for your time. De Weerd: Thank you. Mr. Clerk. Coles: Thank you, Madam Mayor. We have David Bennett signed up, would like to address the Council on this issue. De Weerd: Okay. Good evening. If you will, please, state your name and address for the record. Bennett: Good evening, Mayor. My name is David Bennett. 1398 East Mallory Lane, Meridian, Idaho. De Weerd: Thank you, David. Bennett: Great. Thank you, Mayor, Council. First response is to thank you for what you do as well. My wife and I just recently moved here a few weeks ago from out of state. De Weerd: Can you pull that up a little closer? Thank you. Bennett: Yes . My wife and I moved here recently a few -- a few weeks ago and we live just a few miles down the road and I'm very concerned about what I'm seeing going on here, especially with concern of regulation. I'm the president and CEO of Applied Science and Technologies, Incorporated, ASTI. We are an environmental company that does environmental modeling and simulation and monitoring for the Department of Defense, DHS, FEMA, and EPA . We are one of the most heavily regulated industries in the world and my concern is without proper regulation being provided here we will create some existing problems that will impact this area in the future and I strongly recommend that the Council adopt what the staff is trying to do with regulations and listen to the community, because I think we are at a great risk of creating a future problem that may be impacting health and the welfare of this community. That's all I have. Thank you for your time. De Weerd: Thank you. Meridian City Council Meeting Agenda November 20, 2018 – Page 37 of 370 Meridian City Council November 7, 2018 Page 32 of 98 Coles: Patty Hagler would like to address the Council. De Weerd: Good evening. If you will, please, state your name and address for the records. Hagler: Patty Hagler. 7200 South Locust Grove, Meridian. De Weerd: Thank you, Patty. Hagler: I support adding operating conditions to mitigate the negative environmental effects caused by the industrial operation in a residential area. However, code enforcement officers have told us they can't enforce conditions in terms of a development agreement and they can't enforce city codes, because they see the operation as agricultural. So, what I'm asking is that language be added to confirm that code enforcement will enforce the conditions of -- that are included in the development agreement and confirm that it's an industrial operation, so it is not exempt for ag. So, I'm asking that language be added. I did send a letter that addressed conditions in detail, but just to touch on a few, the termination date condition, I agree it's critical to define a termination of the industrial approval to allow the residential development to occur in this residential zoning. At the last hearing statements were made by Council Members that termination would naturally happen with development and Mike Murgoitio was asked if he owned the property within a thousand feet of the industrial operation, because that's the distance that issuance of a certificate of occupancy would terminate operations. He responded no. However, the fact is the Murgoitio family does own all the property and within a thousand feet of the operation. So, the effect is that they have complete control over when residential development will happen in this area of the city that's zoned R-4 zoning and it's next to the city park. As long as they are profiting from this industrial operation they will not pursue residential development. So, to mitigate this control I request the termination date be revised to five years, which is more compatible with the targeted residential development plan of the city, because that's the only way this is going to terminate. The comment was also made that industrial operation expansion was good for the residential area, because the regulation was at a higher level through DEQ, but DEQ only regulates dust and odor pollution. So, it's important that city code enforcement have conditions for the visual and noise, because they are the only ones that enforce it. Pertaining to the visual push and condition, I support the requirement of sufficiently blocking the view of the facility and stored materials. However, this is going to require a solid structure. Trees are not going to be tall enough or dense enough to sufficiently block that view year round. So, I request that the solid structure requirement be in place and landscaping and the trees be required on the outside of that to make it aesthetic to the -- to the area. Currently these junk piles are very visible from the front of my property and they go way above that ten foot berm. So, when visitors come to my house they see them and ask what it is. The other thing that came up is this mentioned this -- everything changes all the time with this application. Just mentioned that piles will be put north of the canal. That isn't anywhere near the feedlot and that is a whole new thing and that would be completely outside the berm and it would be much more visible. Is that my bell? Meridian City Council Meeting Agenda November 20, 2018 – Page 38 of 370 Meridian City Council November 7, 2018 Page 33 of 98 De Weerd: Thank you. Hagler: Thank you. De Weerd: Thank you. Chief, can you -- and that's Chief Lavey. Can you tell us that -- if you have any concerns about this DA agreement and if there is anything you feel that you can't enforce? Lavey: Madam Mayor, I talked to the lieutenant that reviewed this case. He's informed us that code enforcement has provided Legal all their comments and addressed those with Legal. We will enforce anything that we legally can enforce. So, I'm going to have to defer to Mr. Nary for maybe some clarifications on those discussions that's been occurring between his office and my office. De Weerd: Okay. Thank you. Nary: Madam Mayor, Members of the Council, so these new -- these additional conditions were developed with -- both with planning and -- and with code enforcement in trying to create that specificity. The concern in the original development agreement is it related to things like truck trips and things like that that are really very difficult. Here we are talking about more specifics that can be dealt with. There are issues that come up that are much more complicated and they are everywhere in the city, not just for this -- this property. Noise and types of complaints are very difficult to address no matter where they are. So, that's -- that's a common complaint that code enforcement has to deal with is noise. But here we tried to create some things that were much more concrete. Berm heights, the type of things in locations or where they can be, the time period that this can operate, those kinds of things. The reason for the recommendation of including those provisions regarding nuisance and such is it provides an additional tool to the city in addition to code enforcement, rather than creating that the code is the exclusive remedy, which is what was being requested by the applicant. The reason staff had requested to include in the DA was that you have both the code to use and there is a standard for that in the criminal court, but they have -- it's also part of the DA that's an additional tool that the city has to enforce these provisions that has a different legal standard. So, that was the reason why it was included in the DA was because there is two methods in which enforcement could occur and it really depends on the severity of the violation or the complaint. Same thing with the requirements of complying with the other agencies. The city isn't in the business of regulating other agencies or reinforcing their regulations, but we certainly have the ability to know if other regulations are being violated and using that as a method to use enforcement of our own development agreement. So, it isn't the intent of the city to enforce DEQ or EPA or anybody else's regulations, but if we become aware that they are in violation, then, the city has a tool in which to address it in our own DA. So, that was the reason. We didn't want to create this exclusivity of -- let -- let the other agencies deal with it and we are out of it, let the criminal courts to deal with it and we are out of it. We felt because it's a development agreement the intent was -- is there may be more than one Meridian City Council Meeting Agenda November 20, 2018 – Page 39 of 370 Meridian City Council November 7, 2018 Page 34 of 98 method in which enforcement could occur. And, again, we have discussed these with code enforcement. I'm not going to tell you it's cut and dry, there is nothing in code enforcement that is black and white, one size fits all, here is your ticket. It doesn't happen that way. There is always going to be a discussion with folks, but I think we have tried to create a template that could be more enforceable than other types of DA's that we have dealt with. But I recognized there is still going to be concerns. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Mr. Nary, so in -- in their proposed adjustment to the language in section five, do you have any objections to the way that they kind of reworded it and adjusted it there? Nary: Madam Mayor, Members of the Council, Council Member Palmer, I do. I think the -- the reason we wanted it to be another method of enforcement, rather than saying it is the only method of enforcement is through code enforcement, because, again, it's a criminal charge, it goes to criminal court. The standard -- the legal standard is different and because of that we felt the standard that you may have to reconsider the development agreement requirements and whether you would choose to de-annex the property as a tool or some other thing you want to put in here as a tool that you can consider, the standards are different and we would prefer to have both options. So, we are in agreement with what they are requesting. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Now I catch the may. I was trying to figure out really what the difference was, other than move -- words move around, but I do see kind of the difference there with the may and the shall. De Weerd: Mr. Clerk. Coles: Thank you, Madam Mayor. Next is Josh Leonard would like to address the Council. De Weerd: Good evening. If you will, please, state your name and address for the record? Leonard: Sure. Thank you. Your -- I was going to say Your Honor. Madam Mayor. De Weerd: Thank you. Leonard: Joshua Leonard. 4199 Bavaria, Eagle, Idaho. Speaking today on the limited topic of additional conditions that may be applicable in this application and to the Meridian City Council Meeting Agenda November 20, 2018 – Page 40 of 370 Meridian City Council November 7, 2018 Page 35 of 98 expansion of the applicant's heavy industrial use. This doesn't waive the objections I have against the development agreement or the proposed expanded heavy industrial use or the proposed amendment. I reserve all those, speaking specifically about the limitations. The conditions I'm going to discuss today and the ones that I included in my memorandum this afternoon are -- are not in negotiation, they are required by the city code. One of the benefits of having them in the city code and requiring them as -- as Madam Mayor, you said is that they are -- they are not subject to negotiation with the applicant. Either the applicant complies with those conditions or he doesn't get the expansion of his use. As you heard from the applicant, he is okay with or -- or not okay with certain of these conditions and that's just not the way it works. In order to mitigate the negative effects on the surrounding neighbors and on the residential properties that's around this -- this area, these are required conditions and they are required in a couple of different places. The first of those conditions -- and it's stated in the code -- is that he must also obtain a conditional use permit. As I have said several times from this podium already, absent a conditional use permit this -- this can't happen. The amendments to the development agreement deal with a contractual relationship between the applicant and the city. They don't substitute for the requirements of code to obtain a conditional use permit. The next is site screening. The city code requires masonry or concrete, not -- not berming. Also require the applicant to be held responsible for maintaining, as Mr. Nary said, to avoid a public nuisance. Perhaps most important, all mechanical equipment and operations, power driven -- power driven processing equipment and operations, shipping and delivery areas and other activity on the site must be kept and operated a minimum of 300 feet from abutting residential districts. In this case it's all abutting. It doesn't draw a distinction between city residential districts and county residential districts, it says residential districts. All of this is. I'd like to jump -- the other conditions are in my -- in my memorandum, but I would like to jump for -- for just a second. I appreciate Council Member Bernt's catch on -- it provided an example of how in this process the applicant has -- instead of taking the opportunity to embrace the neighbors and listen to their -- their concerns, has gone backwards. Instead of coming forward and saying this is what we are proposing to mitigate this, he comes -- comes out and says, yeah, and we are going to stack stuff on another property that's not the subject of this and puts it right out there. This is the kind of stuff that these neighbors have been dealing with from the beginning. Instead of -- of taking the opportunity given by the city to reach out and to rebuild trust with the neighbors, additional things change, including the conditions on the temporary -- or on the certificate of occupancy. We would ask that that go back to -- or that that be a requirement that it stop operation upon issuance of a certificate of occupancy by any jurisdiction, not just by Meridian City. Stand for questions. De Weerd: Thank you. Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Josh, did you say you sent an e-mail this afternoon? Meridian City Council Meeting Agenda November 20, 2018 – Page 41 of 370 Meridian City Council November 7, 2018 Page 36 of 98 De Weerd: I don't see it. Leonard: A memorandum. Council Member Roberts, it was a memorandum submitted early this afternoon, I believe, to the city clerk and was included in the packet. De Weerd: Okay. Any other questions from Council? Thank you. Coles: Jim Cox is next. Would like to address the Council. Sheila Miller. De Weerd: Good evening. Miller: Good evening, Madam Mayor and Council. I'm Sheila Miller. 4170 North Azalea Lane, Boise, Idaho. And I have been to all of the Council meetings. I know everyone's tired of hearing about everything and I would just ask everyone who is involved in the final decision making to listen to what your fine staff has put together in terms of mitigating and making this an enforceable situation and also your own Legal Department as well. De Weerd: Thank you. Coles: Madam Mayor, that is all that indicated that they would like to provide testimony. De Weerd: Okay. Those are the names that signed up in advance. Is there any further testimony? Yes , ma'am. Gibbons: Hello. De Weerd: Hello. If you will, please, state your name and address for the record. Gibbons: My name is Stephanie Gibbons. I live at 8350 South Jardine Lane in Meridian, Idaho. Directly across the street from this proposed new expansion. I have been to all three meetings, this being the third I believe. I have listened to lots of my neighbors come up here and speak, I have listened to all of you people have your comments about this, and I just want to say a couple of different things. In the last meeting there was the matter of the public trust brought -- brought up and different people said different things about that. I have been always taught that being part of the process it -- you can get results. I have also been told you can't fight City Hall. You have heard -- we have all heard all of those things. The public trust in the process, you have a Comprehensive Plan that people spent hundreds of hours on putting together. You have a staff of people that looked at this proposal originally and just tried to give you their input. You have listened to more than 50 of the people of the neighbors -- De Weerd: And, Stephanie -- Gibbons: Yes. Meridian City Council Meeting Agenda November 20, 2018 – Page 42 of 370 Meridian City Council November 7, 2018 Page 37 of 98 De Weerd: -- I don't want to be disrespectful, but I would appreciate if you can talk to us about your feelings about the conditions that staff put together, because that is -- Gibbons: Yes. De Weerd: -- really what the conversation is about tonight. Gibbons: Well, I wanted to talk about the trust, because the trust that has been placed in this Council has been -- we have heard that there -- we heard something from the lady who is not here tonight about -- that he did us a solid. The public has come out against this, your staff came out against it, and now somehow it got passed through and, then, there was all of this -- what's -- why we are here tonight, because the conditions didn't meet the criteria. The original development agreement said that it could not be changed or amended, that -- if it was going to be changed it would have to have a conditional use permit. That's what's needed in order to make sure that this process goes the way that it needs and that we have the enforcement capabilities. There has been a lot of ex-parte communication with members of this Council, things that happened before the -- the -- the change was even proposed. So -- Palmer: Madam Mayor? Gibbons: -- I would just ask -- De Weerd: If you will hold I will let Stephanie finish her comment. Gibbons: I would just ask that we reconsider all of the items that have been brought up tonight have to be addressed and that you go back and look at what's in the best interest of everyone here. The neighbors are not going to give it up. We are going to go to court on this if that's the way it has to be. You guys get to decide. You are going against your own Comprehensive Plan. Okay. Did you have a question? De Weerd: Thank you, Stephanie. Mr. Palmer. Palmer: Madam Mayor. Ma'am, if -- if you are going to accuse us of ex-parte communication, would you mind citing the situations that that's taken place? Gibbons: There have been -- the request for public records was put out there -- or given to some of the neighbors and there was communication -- e-mail communication between Members of the Council and the applicant before the application was brought to the Council and since that has also as well. So, it's in your public record. Take a look at it if you -- if you wonder. Any other questions? De Weerd: Thank you. Palmer: Madam Mayor? Meridian City Council Meeting Agenda November 20, 2018 – Page 43 of 370 Meridian City Council November 7, 2018 Page 38 of 98 De Weerd: Mr. Palmer, I will ask Mr. Nary -- Palmer: Okay. Gibbons: Thank you. De Weerd: Thank you. Mr. Nary, I know the city takes ex-parte very serious and -- and your office in particular, you try and keep us out of trouble. I -- we had not been aware of any issue on this application. Can you perhaps comment to that? Nary: Yes , Madam Mayor, Members of the Council. There have been a number of public records request. We have responded to all of them through the clerk's office. We have reviewed all of them. I don't have the results in front of me, but I know in discussing it with my staff who reviews all the public records, there was not a concern about ex-parte in relation to land use applications, which has specific legal ramifications. Correspondence with the applicant prior to an application being made, I'm not aware of any subsequent to the application or subsequent to the decision, because it's still -- it's still pending, but we have responded. There is not an issue -- from a legal perspective there is not a legal issue right now in regards to ex-parte or bias or anything else. There is not purely a legal issue here that we have. Without more specific information I don't have a better way to answer that, but we have reviewed that. I don't have an issue with that today. De Weerd: But you have investigated anything that we have been asked about and you have not found any ex-parte. Nary: That is correct. De Weerd: Okay. Anything further? Is there any further testimony on this item? Okay. Would the -- yes, ma'am. Good evening. Cox: Good evening. I'm Angie Cox. I live at 1305 East Columbia Road, directly across from the facility, and I'm not really prepared to speak in any eloquent way, I just wanted to try to stick to your request on the provisions and what we are -- I think what's hard for a lot of us is what we are discussing tonight is not what we feel is the foundational issues, but wanted to reference number two on the screening topic. My home is straight across from the facility on Columbia Road and I would want to trust Mike that he would follow any things that are put forth in this provision, but it is not possible to screen what is happening on this site. He is up on a hill and it's not possible to screen that I don't believe. I really feel for the folks on Locust Grove and what they are looking at. Every time I come that way it is a pile of trash. From our side we are looking at the big grinder and the piles of accumulated finished material and Mike has tried to reach out as far as what -- what trees, those sorts of things. I don't think it's possible to screen this and so I know from our home we are looking at, you know, grinders and, then, we are looking at piles of finished material. I don't fully understand the 300 feet rule, but to me if you are doing finished product it's not just the grinders and the -- the operation of it, but the Meridian City Council Meeting Agenda November 20, 2018 – Page 44 of 370 Meridian City Council November 7, 2018 Page 39 of 98 finished product, what you had -- Councilman Bernt had kind of been asking at first about where these piles are gone. Right now we are looking at just lots of piles of -- very tidy. It looks like mulch. It looks like finished product, but it's -- that's the berms we are looking at is -- is rows and berms of finished material and I -- I'm not real good with numbers, but I'm sure it's closer to our house and that and so I think the finished material that neighbors, people, passersby are looking at is also a topic, not just the equipment that's operating and definitely the trash piles on Locust Grove, it just -- I don't know how you -- I don't know how it will be screened I guess is my main point. Not that Mike wouldn't follow the rules of the agreement, I just think it's going to be very hard -- it's going to take ten years for a tree cover it, unless he's going to go with real big mature trees and the expense of that. So, I think that's all I have to say. De Weerd: Thank you. Cox: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor and Sonya, is staff comfortable with the comments and language that was put into their memo on this topic about the maturity of the trees and whatnot? Allen: Madam Mayor, Councilman, we just -- we just received this yesterday. Staff hasn't had a long time to really look into this in great detail. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And maybe for the audience's benefit as well, their -- their comments on this section -- I will just read them, so that -- they quote the -- the condition and, then, they add some comments. They quoted as the property shall be screened sufficient to block the view of the processing facility, including all material stored on the site from South Locust Grove Road and West Columbia Road prior to commencement of the proposed expanded use and, then, their comments as follows: Timber Creek raised those conditions to require that all landscaping shall be installed and trees and plants be installed -- and trees and plants of sufficient maturity so the recycling property is fully blocked from view. Timber Creek opposes this language as having the trees and plants reach sufficient maturity to fully block the recycling property could take years or decades. Staff clarified at the meeting with Timber Creek that the full growth was not expected, but that the trees and plants should be planted and berms constructed prior to engaging in tier two composting. Timber Creek is open to this clarified condition, provided that pilot programs for obtaining tier two designation as designated the DEQ are exempt from this condition. Nary: Madam Mayor? Meridian City Council Meeting Agenda November 20, 2018 – Page 45 of 370 Meridian City Council November 7, 2018 Page 40 of 98 De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, so understand the discussion, what was discussed with -- with the applicant with myself and with Ms. Waters from Planning -- or Ms. Allen from Planning is the intent of the condition is to have a finished berm, to have something that doesn't appear to be the material used as a berm, but was actually a finished berm. In all of the other ones in the city that we have berming, they -- we do have a reasonable expectation that they will plant trees enough that will cover it, but we recognize there is a time period in which that takes place. Now, the difficulty in this case is you're -- you're having a use that has a time period in itself. Most of those are berms around residential subdivisions that are going to have houses behind them, that aren't going to disappear in ten or 15 years and so the intent is that the trees over time will expand. Here what the discussion was was that we recognize there is a challenge there and tried to use vegetation and that's why the intent was -- is to use finished material. Again, a berm that was that -- was intended to be a screening instead of material that's simply being used as a holding area for that and that's the screening. That's -- we really want something that was finished and completed, looked intentional and that had some vegetation on it, so it didn't look like just another pile of dirt. So, that was really what we were trying to get across. We recognize there has got to be a little flexibility. We know trees don't grow immediately. We recognize growing grass and mowing grass out there doesn't make a lot of sense. But trying to create something that looks like a finished product to create actual visual screening from the roadway. De Weerd: Did that help give you clarity? Palmer: Madam Mayor, I think so. And the -- the next paragraph I'm not going to read the whole thing, but it also talked about the mix -- mix of evergreen trees and shrubs, whatnot within their comments, kind of went around that they are opposed to the mix, because I guess they found some trees that will provide a more fuller screening sooner than if they were to have to try to mix some stuff in. So, I'm sure they will comment on it when we get to the end, if we get to the end. De Weerd: Okay. Would the applicant like to make closing remarks? Cranny: Thank you, Council -- or Mayor and Council Members. Just want to take a step back. I realized my first discussion or approach may have been less clear than it should have been. Timber Creek is not opposed to the conditions. We understand the conditions are imposed and proposed to mitigate the impacts that were not properly set forth in the approved amended development agreement. We are fine with those. We want to make sure there are conditions to make the neighbors happy. But, for example, with the landscaping, as the language was proposed it simply did not make sense. As we read that language it said you have to have full mature trees before you can start doing any of the tier two composting. Now, again, that could take decades. So, in our minds that simply -- it wouldn't work or allow for the use before the ten, 15 year time frame expired and we are out. So, we plant trees and we would sit there and wait and wait, oh, ten years, 15 years we are up, they have come within a thousand feet or Meridian City Council Meeting Agenda November 20, 2018 – Page 46 of 370 Meridian City Council November 7, 2018 Page 41 of 98 whatever -- or they sold the property and we are out and the trees are still not full, they are still not fully grown. It didn't work for what the amended development agreement permitted to do on the property. So, we tried to propose language that would meet with the spirit of the conditions that were proposed and yet work with the -- a limited time frame that Timber Creek will be there and still provide the mitigation that the Council seeks and the neighbors seek. So, I mean we have mentioned the landscaping. Modify -- if we look at number two. This is Exhibit B. It says modify provision 5.2.2 to -- to say the property shall be screened. Well, as mentioned in the memo, Section 5.2.1 doesn't discuss screening of, i.e., blocking the view, it's screening separating by size. It's describing the recycling process. This is something that will happen. It's allowed. Bring the recycling materials in, process them, and screen them to separate them out by size, quantity, et cetera. So, the objection to that revision was not that we don't agree with the -- what some of the provision -- some of the proposed languages is, it doesn't fit there. So, if you look at Section 3. -- or 6.3.2, we said, hey, let's take the comments from Condition 2, pull into the Condition 6 and let's propose some language that works for all of us. Again, going back to the dust. We want to mitigate dust. We are required to mitigate dust. We want to make sure that happens. What was proposed again with the limited time there it didn't make a lot of sense to have to put down some type of material and they say vegetation, which doesn't make sense on a drivable surface. Asphalt, pavement, rock, concrete pavers, bricks, et cetera. The dust issue that Mike explained will still exist on all those and so you put it down, it's going to be covered in dust and we will still have to water. So, again, it doesn't really make a lot of sense. We understand the dust mitigation has to happen. We want to mitigate dust. How this is proposed doesn't help it. In fact, we think it will make the problem worse. The leaching pond. The leaching ponds on the map are to not be standing permanent bodies of water. The ordinance section cited in the condition states if there are standing bodies of water that are permanent, you need to recycle that, so there are not mosquitoes. Great. We are happy with that. These leaching ponds will not be permanent. It's intended that when there is a large rainwater -- or large rainstorm runoff stops. It doesn't go into the canals. It doesn't go into neighboring properties. It stays within the confined recycling area. Now, some of that water may pool. It's going to be there super short period of time, but they are less. If it's there any longer the language we propose is Timber Creek will do everything necessary to make sure there are no mosquitoes. That's what this language is proposed to do is to mitigate any potential impact from mosquitos. We are happy to do that. But what was proposed is if we put a system to circulate the water it will operate ten minutes once every couple months. It's just -- in the proposed use it doesn't work. The mechanical equipment and operations shall be limited to the property. Now, this, again, comes down to the property versus the recycling property. Now, if you read this strictly, if Mike was to want to plow the property here on the southern edge of the -- of the recycling area, that little triangle shape, if he wants to plow it, that language prohibits it, because it is a mechanical operation. He will have to break out the horse and the plow and go behind the horse. We understand the need to mitigate that impact, but that language just simply doesn't work. What we propose is, hey, let's keep with the spirit of the thousand foot barrier. Thousand foot for the grinder to a residence. We will do 300 feet from the edge of the property or -- from the use in the recycling area to our residents. It's just -- we are trying to keep the same Meridian City Council Meeting Agenda November 20, 2018 – Page 47 of 370 Meridian City Council November 7, 2018 Page 42 of 98 standards. We have almost four or five different standards on when things can happen. But we are happy with, you know, what -- we can't do these within 300 feet of a residence. Great. We are happy. If it relates to the recycling activity. If it's agriculture, which this would prohibit, it doesn't make sense. So, the language that was proposed was simply to try and make it fit with the -- the additional use that you had -- that Councilman Bernt had talked about earlier. If it happened before, it's agriculture, we don't care. What we are trying to get here is it relates only to the tier two composting. Yes . De Weerd: You 're suggesting that this is agriculture and not an industrial use? Cranny: No. No. No. No. No. What I'm trying to say is the language that was proposed in Condition 10 -- if you look at Exhibit B, Condition 10, it states: Add provision. All mechanical equipment and operations, power driven processing equipment and operations, shipping and delivery area and other outdoor activity on property, which is not just the recycling within the -- within the berms, it's the entire property subject to the development agreement, shall be located at least 300 feet from abutting residential districts. So, strictly read, there cannot be a single mechanical operation -- a tractor, a truck, anything that goes within 300 feet. As was testified by the neighbors, that little triangle south of the canal is within 300 feet. So, he can't farm it with a tractor. He would, again, have to break out the horse and the plow. That's what we are trying to prevent. We want to make sure it works. Comment? Bernt: Thinking about it. Cranny: Okay. So, revise Section 10, for example, to limit it to the recycling activities, because that's what this additional tier two process is. It's not to DA use, it's to bar the recycling activities and that's what the proposed language purports -- we believe purports to do. Add a provision -- this is number 12. Burning, incinerating, burying and any -- or any other manner of disposing of solid waste or recycled materials is prohibited on the property. Well, the development agreement says we can bring it on, now we can't. So, again, it's kind of the -- we have an approved development agreement, let's add a condition that makes the whole thing illegal. So, if we tweak this to make it so that there is no burning or incinerating, happy with that. But we would like to be able to continue -- let's say we take the leaves that have been processed -- well, we can't do any -- we can't bring them -- under this language we can't bring them on, but if we could we can't dispose them. We couldn't put them in the soil. We couldn't bury them. So, it's not that we are opposed to conditions, it's just these don't work. We have an approval to do one thing and the condition says never mind. I don't think that's what the intent is and so we are trying to push it back to clarify, hey, this needs to be narrowed a little bit, so that it works and doesn't bar what's allowed right now or under the amended development agreement which is approved and, then, add Timber Creek shall adhere to all applicable federal, state, local laws and regulations. That was addressed in the prior ones. We simply said we don't need to have them. So, I don't think we are here to say no, no, no, it's we want conditions, let's make them work. Meridian City Council Meeting Agenda November 20, 2018 – Page 48 of 370 Meridian City Council November 7, 2018 Page 43 of 98 De Weerd: When you use language like you oppose, it does sound like no, no, no, no. Cranny: It does. And I apologize for the tone of this memo. It was more of a -- that doesn't work as proposed. We oppose the proposed language. We like the alternative that we are proposing below to try and meet the spirit. I mean if we flat out didn't like it and we said, no, we are not going to meet with the city, we are simply saying no -- we met with the city to try and find out what's the spirit of the intent or the spirit of the proposed condition. Okay. That's what the spirit is. We see what you're trying to do, let's tweak this, so that we can meet that spirit, but allow the use that -- that was approved under the development agreement. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, it seems like maybe we -- because there is two different operations going, the farming and the recycling, and it sounds like maybe just some wording needs to be changed, but maybe we are not going to get -- get to agreement tonight. It sounds like maybe working with the city attorney would -- we get the farming aspect out of what's been captured. De Weerd: Mr. Nary? Nary: Madam Mayor, Members of the Council, I mean I think we are very close. I would agree with Mr. Cranny, there is probably a few things we are trying to do to fit into our code. I will use the burying for example. In looking at the code in regards to burying is to make sure people don't bury garbage in their backyard. That's the point of this code. This is not what they are doing; right? So, they are -- they are recycling material, they are processing material, and he's talking about using process material on site. We don't prohibit people from mulching their own material on site at their house and using it in their yard. They are not burying garbage, they are recycling, creating -- whether it's compost or whatever. So, trying to find that sweet spot between those I think we are very close. So, I think, you know, again, this was an opportunity for the applicant to give us their feedback. I think we have gotten a lot of their feedback. We have heard the -- the public's feedback as well. I don't know if Mr. Cranny has any comments in regards to those. I think we can have maybe a final product that everyone can -- at least the applicant and the city can be agreeable to in two weeks, if we have some time to do that. Again, next week is tomorrow, so I don't have it by tomorrow. But we probably could have one by the 20th. I think I get where he's going and if the Council is okay with that, if you have any specific concerns about what they have raised or what we just said, that we would just like that direction from you. De Weerd: Any further questions for the applicant at this point? Any further comment? McKay: Becky McKay. Engineering Solutions. I have been working with the applicant on this for months now and -- and the attorney and, you know, I read through staff's Meridian City Council Meeting Agenda November 20, 2018 – Page 49 of 370 Meridian City Council November 7, 2018 Page 44 of 98 Exhibit B and I had some of the similar concerns that Justin had as far as the wording and -- and I think, you know, from our perspective as far as inclusion of provisions that says that we don't create any hazard, nuisance, odor, vapors or create any risk to the environment or public health, we are in favor of that. I mean, obviously, that -- that is an applicable condition. The conditions that any federal, state, or local requirements applicable to their recycling facility or applicable, we are in agreement with that. The problem that -- that I kind of saw was where it talked about as -- as Justin indicated, the screening, the property shall be screened sufficient to block the view of the processing facility, including materials stored on site from Locust Grove and Columbia prior to commencement of the proposed expanded use. I mean that almost implies that instantaneously you shall be able to block all view. Well, obviously, we know when we plant trees and we build berms there is a certain time frame for maturity of that material and so there -- it was just kind of the -- the wording that -- that bothered me and as far as the driving surfaces -- and I will wrap up real quick -- you know, my husband's had a construction company and the worst thing you can do is have a piece of equipment, like an excavator or it has tracks and try to run it on asphalt, bricks, concrete. That just doesn't work. And we dealt with that with his -- his facility that's in Ada county that, you know, you have to have a material that is more of a gravel dirt base, otherwise, it just tears it all up and, then, staff eliminated all of the -- the water and dust suppression, which is also included as far as our fire suppression, as far as the water tank, the sprinklers, the hoses, all of that was part of our fire suppression plan that's integral to the system and -- and as far as the operation is concerned and staff basically eliminated all of that. So, that needs to be included. You can't eliminate that portion. And we have got to, obviously, have a surface that's maintainable, but yet doesn't create any hazard or nuisance. You know, as far as leaching ponds, there is no plan for any leaching ponds and the mechanical equipment I was concerned about that -- De Weerd: Becky, you said you are wrapping up. McKay: I'm wrapping up. So, I think working with your staff I think we can refine these so it protects the public, protects the city and you have enforceable conditions. De Weerd: But I think some of your points are what is at the heart of this problem is this is an expanded nonconforming use that typically isn't allowed in the city and -- and so you're getting city conditions, because that is the expectations for industrial uses and -- and that's where I think Mrs. Little Roberts said we need to find that clarity between where it is agricultural and where it is the expanded recycling composting use that is industrial and how do you delineate the conditions for that and -- and if staff feels that they are getting closer, that's good, but some of those issues that you -- you bring up is exactly I think what Council was trying to -- to find some agreement to, so that the -- the neighbors have something dependable that is enforceable by our code enforcement, that -- that it's clear. McKay: And, Madam Mayor, we are in total agreement with exactly what you said. Total agreement. And I think with Mr. Nary's help and with your staff's help and, then, our legal team here, that we can come to an agreement on conditions that make everybody feel comfortable with what's happening here and we delineate and define the Meridian City Council Meeting Agenda November 20, 2018 – Page 50 of 370 Meridian City Council November 7, 2018 Page 45 of 98 difference between the agricultural and the existing nonconforming use. I think it is a doable thing. De Weerd: Okay. Thank you. Any further questions from Council? It sounds like this needs to be continued for further clarification -- or not. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move we continue the hearing for two weeks to get new verbiage on the conditions. To November 20th. De Weerd: Okay. So, I have a motion to continue this until November 20th to further clarify the amendments and the conditions for this DA. Borton: Second. De Weerd: And I have a second. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For what it's worth, this is -- this is the -- the very concern that in large part led me to oppose the original application. I thought the concerns from the public just weren't yet properly addressed and while the parties were trying to make something work and appreciate the motion to give that a chance, but that was one of the reasons that I originally didn't think it should have been approved in the first place. Hopefully things go well in two weeks. De Weerd: I have a motion and a second to continue to November 20th. All those in favor say aye. Any opposed say nay. Okay. Motion carries. MOTION CARRIED: FOUR AYES. TWO NAYS. De Weerd: I'm going to call a recess for ten minutes. (Recess: 8:15 p.m. to 8:27 p.m.) E. Public Hearing for Smith Rezone (H-2018-0097) by Scott Smith, Located at 1321 & 1323 Main St. 1. Request: Rezone of 0.73 of an acre of land from the C-C to the OT zoning district Meridian City Council Meeting Agenda November 20, 2018 – Page 51 of 370 Meridian City Council November 7, 2018 Page 46 of 98 De Weerd: Okay. I'm going to go ahead and get this meeting back on track. Okay. Item 8-E is a public hearing for H-2018-0097. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a rezone. This site consists of .73 of an acre of land. It's zoned C- C and is located at 1321 and 1323 North Main Street. There are two existing structures on this site. The one at the -- actually, let me go to the aerial real quick here. This is the -- the property right here. The structure at the front of the property here was constructed in 1937 as a residential dwelling and was converted to a commercial structure in 2001. The structure here at the rear of the property was constructed in 1983 and converted to a commercial use in 2001. The Comprehensive Plan future land use map designation is Old Town. A r ezone of .73 of an acre of land from the C-C to the Old Town district is requested, consisting -- consistent with the Old Town future land use map designation. Two existing structures on the site are proposed to remain. The structure at the rear of the property houses the Calico Cattery, primarily a retail store with ancillary cat boarding and the front structure is proposed to be converted from commercial back to a residential use. Access is provided for this site via to one-way driveways to and from Main Street. Staff and ACHD recommends these accesses remain with no changes. When and if the property redevelops in the future with a more intense use, access may be restricted to a single access and cross-access easements may be required to adjacent properties. The UDC requires off-street parking to be provided based on the square footage of nonresidential structures and the number of bedrooms and dwelling units. Based on the square footage, 1,560 square feet of the commercial structure and the number of bedrooms proposed in the dwelling, which is three, a minimum of seven spaces are required total. There are currently six parking spaces for the shared use. An additional space is required to be provided on the site in accord -- in order to comply with the minimum UDC standards. The Commission did recommend approval of this application. Scott Smith, the applicant, testified in favor. There was no opposition or commenting testimony and no written testimony was received. The Commission was in favor of the proposed residential use and the existing access remaining. There are no outstanding issues for Council and no written testimony since the Commission hearing. Staff will stand for any questions. De Weerd: Thank you, Sonya. Any questions from Council? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Smith: Yeah. Scott Smith. 2286 North Glenfield Way, Meridian, Idaho. 83642. De Weerd: Thank you. Smith: 646. Okay. De Weerd: 646. Smith: Yeah. Meridian City Council Meeting Agenda November 20, 2018 – Page 52 of 370 Meridian City Council November 7, 2018 Page 47 of 98 De Weerd: Okay. Do you have any comment, anything you want to add to the staff comment? Smith: You guys, you will be proud to have the property on Main Street. It's going to look fantastic and I can't wait to get started. De Weerd: Well, we look forward to it. Council, any questions for Scott? Thank you. Smith: Thanks. De Weerd: Mr. Clerk. Coles: No one signed up, Madam Mayor. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony on this item? Okay. If staff and the applicant have no further comments, I will -- Council, if you have any questions. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we close the public hearing for H-2018-0097. Little Roberts: Second. De Weerd: I have a motion and a second to close public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: That was an enthusiastic vote, wasn't it. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve the Smith rezone, Item 8-E, H-2018-0097. Little Roberts: Second. De Weerd: I have a motion to approve and a second. Any discussion? Hearing none, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. Meridian City Council Meeting Agenda November 20, 2018 – Page 53 of 370 Meridian City Council November 7, 2018 Page 48 of 98 De Weerd: Thank you for that enthusiastic vote. Thank you, Mr. Smith. MOTION CARRIED: FOUR AYES. TWO ABSENT. F. Public Hearing for Westbridge Subdivision (H-2018-0088) by Jane Suggs, Located at 5745 and 5865 N. Black Cat Rd. 1. Request: Annexation and Zoning of 12.84 acres of land with an R -4 zoning district; and 2. Request: Preliminary Plat consisting of 30 building lots and 9 common lots on 12.71 acres of land in an R -4 zoning district De Weerd: Item 8-F is a public hearing on H-2018-0088. I will open this public hearing with staff comments. Allen: Madam Mayor, Members of the Council, the next applications are a request for annexation and zoning and a preliminary plat. This site consists of 12.71 acres of land, zoned RUT in Ada county, located at 5745 and 5865 North Black Cat Road. The Comprehensive Plan future land use map designation for this property is medium density residential, which is three to eight units per acre. The applicant is requesting annexation and zoning of 12.84 acres of land with an R-4 zoning district and requests Council approval of a step down in density for medium density to low density residential. The proposed residential use and zoning is compatible with either the low density residential or medium density residential future land use designation. However, the proposed density at 2.4 units per acre is slightly below the minimum three units per acre desired in the medium density designated area. The step down in density is requested because adding more lots will require a secondary emergency access to be provided and only one access is available and fire flow would need to be addressed differently. The geometry and characteristics of the site, i.e., the location of the McMullan Lateral along the northern boundary of the site and the necessary public streets impact the available building area, resulting in a lower density than desired in the Comprehensive Plan. A preliminary plat is proposed as shown, consisting of 30 building lots and nine common lots on 12.71 acres of land in the proposed R-4 zoning district. The proposed lots range in size from 8,096 square feet to 13,570 square feet, with an average lot size of 10,060 square feet. There are two existing homes on the site. The one at the west end of the site will remain on a lot in the proposed subdivision. That is on this far west slot right there. The other home and accessory structure will be removed. One access is proposed for the development via North Black Cat Road. Two stub streets are proposed, one to the north, North Willowside Avenue, and one to the south, North Oakstone Avenue for future extension and interconnectivity with adjacent future developments. A 35 foot wide landscape street buffer is proposed along Black Cat Road, an entryway corridor, in accord with UDC standards. There are several existing trees on this site that are proposed to be removed that do require mitigation as proposed. The UDC requires a minimum ten percent qualified open space to be Meridian City Council Meeting Agenda November 20, 2018 – Page 54 of 370 Meridian City Council November 7, 2018 Page 49 of 98 provided with development and a minimum of one qualified site amenity. A t otal of 1.6 acres or 12.5 percent of qualified open space is proposed with a segment of the city's multi-use pathway system and micro path to the future school site to the west and a tot lot with play equipment in accord with UDC standards. Conceptual building elevations were submitted as shown for future single family residential detached homes in the development. Building materials consist of a mix of siding materials, with stone veneer accents. The Commission recommended approval of these applications. Jane Suggs, the applicant's representative, testified in favor and no one testified in opposition or commented. Written testimony was received from Jane Suggs, the applicant. The Commission was in favor of the larger lot sizes and decreased density with the step down in density requested by the applicant. There were no changes made by the Commission to the staff recommendation and there are no outstanding issues for Council tonight and there has been no written testimony received since the Commission hearing. Staff will stand for any questions. De Weerd: Thank you. Council, any questions at this time? Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Suggs: Good evening, Commissioners and Mayor. I mean -- excuse me. Mayor and Council. Jane Suggs and I work at WH Pacific, 2141 Airport Way in Boise and I'm here representing the Westbridge Subdivision. If you will put the landscape plan back up for me I would appreciate it. There you go. Well, actually, we are very pleased tonight to present to you the annexation, rezone, and preliminary plat for Westbridge. I think Sonya did a really great job of going over the details of the site. Of course let me begin by letting you know that we agree with the analysis by the staff and also agree to all the conditions of approval. In fact, you will see if you look through the staff report there is some mark outs concerning the landscape plan that we have already made the changes and resubmitted a landscape plan, so we meet the approval of the code for the landscape plan. We certainly appreciate unanimous approval by the Planning and Zoning Commission and as Sonya noted we are requesting an annexation of 12.7 acres into the city, with a zone of R-4, which is supported by the Comprehensive Plan. We are asking for a step down in density. My first time ever asking to actually step down in density. This will allow us to build just below the three units per acre that's in the -- in the medium density residential. It gives us 2.4 units per acre. We think this is a really good opportunity to put in some -- some good size lots. There is some higher density to the south of us and there are some larger lots to the north of us, one which is actually about five acres that probably won't be developed, because it is the tree farm, if you have ever been down the street there, which you see the big lot with the tree farm and I was told that it was a carbon sequestration -- is that how I say that? -- location, that that has been set aside as a special undeveloped -- or probably not developed piece of property. Again, as Sonya mentioned, there is the geometry of the site here. The McMullan Lateral that will be piped along the north boundary of this transition of lots from the higher density or at least the zone of higher density below us to the south of us, these larger lots to the north. We think that we have designed a really nice transition property here. We are, of course, meeting all the lot dimensions that are required for the R-4 zone and we are providing some significant landscaping. As you Meridian City Council Meeting Agenda November 20, 2018 – Page 55 of 370 Meridian City Council November 7, 2018 Page 50 of 98 drive in you will see medians, a landscape area to the right. We are providing a part of the pathway system along the right of way of Black Cat and specifically providing a separated sidewalk along the south side of Vanderbilt to go through and provide a good access to the school site. The school site is located to the west of this site. So, you will see a little pathway there that allows the kids to walk across the street even and go down to the potential school site. I believe that's a middle school site. Let's see. We did have a neighborhood meeting. It was fairly well attended and most of the comments that we received were from folks that wanted to make sure that the irrigation system would continue to operate during the construction. Of course that's state law, so, of course, we will and just the schedule for development. I don't really have a whole lot to add. I would like to stand for questions, but I do respectfully request your approval of the annexation, the rezone, and the preliminary plat for Westbridge. De Weerd: Thank you, Jane. Any questions from Council? Thank you. Suggs: Thank you. De Weerd: Mr. Clerk. Coles: Thank you, Madam Mayor. No signups that indicated they would like to provide testimony. De Weerd: Okay. This is a public hearing. Is there anyone who -- yes, ma'am. Bagley: Hi. De Weerd: Good evening. Bagley: My name is Libby Bagley. I live at 5000 Larry Lane, Meridian, Idaho. 83646. De Weerd: Thank you. Bagley: Madam Mayor and Council people, is there a way to go to the larger view where we see the lots? There. Thank you. I am one property owner in a subdivision that actually has five lots. We are to the north of the proposed area and people in our subdivision have lived in the area on the average of 20 to 30 years. We recognize growth is coming. We recognize growth has invaded us quite a bit from the east. I am in favor of the lower density proposal. My personal want would be to go even slightly lower rate. Now when we walk down the road we see two houses. Now you are asking us to see 30 houses in the same area and as a transition area from high density to low density it doesn't feel like we have got a transition quite yet. I think slightly lower density would be what I would be in favor for. Thank you. De Weerd: Thank you so much. Good evening. Meridian City Council Meeting Agenda November 20, 2018 – Page 56 of 370 Meridian City Council November 7, 2018 Page 51 of 98 LaFever: My name is Denice LaFever. I'm at 6706 North Salvia Way, Meridian, Idaho. I actually like this project. I think it's great they are doing a step down. I think it's wonderful they are bringing in bigger lots and it's really nice to see cul-de-sacs, instead of these shared driveways. I think they did a great job with the landscaping in it. So, I think this is a great fill in product and I think it's a really nice transition going from the R- 15 over to the larger lots. So, I think it's a -- it's a go. It's a winner. De Weerd: Thank you, Denise. Is there any further testimony? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: A question for Sonya. Does the center cul-de-sac stub into -- connect into the R-15 to the south? Allen: Madam Mayor, Councilman Borton, yes, it is a stub street. It's shown as a cul- de-sac for fire department turnaround. Borton: Okay. Thanks. De Weerd: Okay. Council, any further questions? Seeing no further testimony or questions, I would entertain a motion to close public hearing. Bernt: Madam Mayor? De Weerd: Unless Jane has any -- sorry, Jane. Mr. Bernt. Bernt: I move that we close the public hearing for Westbridge Subdivision, H-2018- 0088. Little Roberts: Second. De Weerd: I have a motion and a second to close public hearing on nine -- or 8-F. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I personally think that it's just refreshing to see an application where there is less density. We all know the challenges that we face with growth and I believe this is one example where smart growth makes sense and thank you and it looks like it's a great project. With that I move that we approve H-2018-0088. Little Roberts: Second. Meridian City Council Meeting Agenda November 20, 2018 – Page 57 of 370 Meridian City Council November 7, 2018 Page 52 of 98 De Weerd: I have a motion and a second. Any -- any questions or discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. G. Public Hearing Continued from April 24 & May 15, 2018 for Summertown Subdivision (H-2017-0142) By 745 W Ustick, LLC , Located at 745 W Ustick Road 1. Request: Annexation and Zoning of 15.13 Acres of Land with a TNR Zoning District De Weerd: Item 8-G is a public hearing continued from April and May in this same year on H-2017-0142. I will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on your agenda this evening is the Summertown Subdivision. As Madam Mayor mentioned, this has been before you a couple times and it has been continued out and the main reason for the continuance was -- at the time that we brought this forward to Council there was a property boundary dispute with the adjacent property to the east and the applicant had to go through a rezone process with the county to get that cleared up, so that they could process a property boundary adjustment, get that back to that property owner and, then, come back with you with some revised plans. Staff did prepare a memo for you to kind of try to capture exactly what we have heard. We went back through the record, try to see what you guys wanted the applicant to bring back. So, this evening they have brought back -- it's revised plans to revised elevation site plan, landscape plan, for you to take under consideration this evening and I will go through that in my presentation before you this evening as well. So, just to get everyone oriented again as to where this property is located, it's located on the southeast corner of Venable Lane and Ustick Road. The applicant is requesting to annex in 15.13 acres with the -- from the RUT zoning district in Ada county to the TN-R zoning district within the city. If you recall in our previous presentation -- verbal presentation to the Council, we had informed you that once this property is annexed and zoned, if -- and they are proposing a multi-family development on a majority of this site, it does not require additional public hearing before this body. That's why staff has spent so much time trying to analyze and review of these site plans, elevations, so that we have it captured correctly and make sure that it is consistent with our Comprehensive Plan, which is mixed use community. So, again, going through that memo that we prepared for you last week to share the differences with you, so on the left-hand side is the previous concept plan. At that particular time Meridian City Council Meeting Agenda November 20, 2018 – Page 58 of 370 Meridian City Council November 7, 2018 Page 53 of 98 the applicant had more contemporary design. They were taller structures, more density, less open space and Commission and Council also had concerns with some of the transition between the scale of these units. On the right-hand side the applicants provided a revised site plan that shows less density, so we are going down from approximately 272 units down to 205 units in the plan to the right and you actually increase the open space. Now, the amenity package itself is consistent with -- to what was shown to you at the previous two hearings. So, the primary difference here is an increase in open space and a decrease in density. The other thing is the differences in the architecture and I will get to that in a minute, but I did want to let you know -- so, the previous plan included 20 percent -- 22 percent open space. This plan shows 40 percent. The amenities include a pool, water feature, clubhouse, fitness facility, indoor play structure and outdoor play structure, a meeting room and a pet park. That is no changes -- there aren't any changes from the previous plan. Density has decreased from 18.6 dwelling units to the acre to 13.5 dwelling units to the acre and that is more consistent with the MUC designation, which -- in which we anticipate dwelling units between six and 15 units to the acre. Again, the number of units have decreased from 272 down to 205 and that does include the bank of nine single family homes along the south boundary of the site. And, then, parking spaces have decreased in order to make way for additional open space. So, the original proposal had 544 parking spaces. The plan on the right shows -- depicts 404 parking spaces. Again, I will quickly go through the elevation. So, here is the contemporary design that was brought forth to you on both of those days and now the applicant's actually providing more of a mix of unit type, some more of a townhome style, which, again, is oriented towards the street, as we envisioned in our traditional neighborhood districts and our mixed use community designations and, then, the larger three story structures are more internal to the site. Looking at the two designs you can see that the new design architecture blends and is more cohesive with the surrounding residential developments in the area. I did want to step back and kind of show you the broader picture, too. So, again, we have some multi-family to the west and some single family and that's really what the applicant is trying to do is provide that -- that buffer, that transition that was discussed at both previous hearings, too. So, again, the townhome units would be along the streets with the front doors oriented to those roadways and, then, the longer -- larger three story structures would be oriented interior to the site. So, one -- staff still has some concerns with the transition. To be honest with you, we still would like to see a better transition along the southern boundary from the residential lots and the three story structures. These can pretty -- be large and opposing, so that's something you should take under consideration this evening. I would also mention to you that we did receive these on October 29th. We did our best to capture some of the pertinent changes in our memo to discuss with you, but these are significant changes from what the Planning and Zoning Commission's Recommendation was made to you and they -- they took -- their recommendation for approval was predicated on the previous plan and the previous architecture. This has not been shared with the Planning and Zoning Commission. So, really, what staff is asking the Council this evening is if you feel this is a substantial enough change, do you feel it should be reminded back to P&Z for their revised recommendation to you. If not, if you feel that you can make an informed decision on this application this evening, we would ask that you continue it out for two weeks. Let Meridian City Council Meeting Agenda November 20, 2018 – Page 59 of 370 Meridian City Council November 7, 2018 Page 54 of 98 us make sure that our staff report have the correct DA provisions, because I have mentioned to you we don't get another bite at the apple. The DA is what's going to govern the development of the site moving forward. This multi-family development will only require staff level approval until they decide to subdivide the rest of the property with the nine -- the nine residential lots on the south boundary. They would have to come back for subdivision approval. But to develop the multi-family portion, it does not require additional public hearing. So, again, if you have enough information to make a decision this evening, again, continue that out and, then, I also want to share with the Council that we did receive additional public testimony on this application from six persons -- six residents. We had Karen Bodine, Diane Ryssel, Bill Cassinelli, Tyler Moss, Susan Littlefield and Genesis Milam all submitted testimony on this application since it was heard back in May. Again, Planning and Zoning Commission did recommend approval of, again, a previous plan and different architecture. I will conclude my presentation and stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions for staff at this time? Mr. Bernt? Bernt: I don't know that I have any questions. Is this the appropriate time to -- you know, since we are going to continue it it sounds like, I -- I -- my goodness, I apologize. I remember this application when it was before us before and I was one that made comments on it back then and -- and I -- and I feel that my -- my thought process with this hasn't changed and I said this last time, unless something substantially changes with how dense this is, I have some real concerns with it, especially -- isn't this the -- Madam Chair? Isn't this the application where we found out that kiddos we were going to have to get bused to another school, because the local school was to -- was full and it wouldn't be able to accommodate any kids that would potentially live in the subdivision? De Weerd: Yes. Bernt: So, I just have some real concerns with the amount of density that's already in this neighborhood. So, I mean if we want to continue it, that's great, but, like I said before, I just want to be crystal clear on the record, creating an expectation from this seat. What I -- what my -- you know, my thoughts and -- you know, are in regard to this -- this application. I think this application looks great. I think the amenities are fine. Happy to see more open space. It's just, in my opinion, just the wrong location for it. So, I just want to be up front. I want to be crystal clear. I don't want there to be any confusion coming from my purview. So, I just thought I would mention those comments on the record, since we are going to continue, it sounds like, this application. De Weerd: Thank you. Mr. Palmer. Palmer: Madam Mayor, if I may ask a question of Mr. Bernt. You mentioned you want a significant drop in the density from the original plan. What percentage of a drop would make it a good project? Meridian City Council Meeting Agenda November 20, 2018 – Page 60 of 370 Meridian City Council November 7, 2018 Page 55 of 98 Bernt: I -- I would -- it's not my job to -- I believe to state, you know, someone else's business and -- but I do believe if -- I just don't like high density period in this location. Whether it's this or, you know, the previous concept plan that was presented before us, I just don't like high density -- or I just don't think it's a great spot for it. So, I don't know if it -- if -- I don't know my -- my thought process would change if you lowered it another hundred units. It's not necessarily the amount of units that are here, it's just that -- I just -- I just -- it's just the wrong location for high density period in my -- in my estimation and that's what I said in their -- in their previous presentation as well. So, I feel like I have -- I have been pretty consistent with that. De Weerd: Thank you. Any follow up? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I mean I remember the meeting pretty clearly. I mean it was amazing -- amazing project to me then. Way higher level of -- of open space and of amenities than we would typically see in an apartment development. We made a lot of really strong requests and I think one of the major reasons we didn't just -- was on the edge, but didn't quite get approved that night was because of the -- you know, the little strip of property in the northeast corner there complicating it. That's been dealt with and in the meantime also cut it down by 25 percent of the units, almost doubled the open space, four times the minimum requirement. We talk so much about don't -- don't do just close to the minimum. Well, we have definitions of minimums because we believe that's what would constitute a quality project. This is four times the minimum open space. Major reduction in the number of units per acre. I mean if -- he's complied with everything that we asked for and it fits in the map, it's what we have said if you're going to bring us something, don't bring us anything unless this is what it is. So, to me why on earth wouldn't we approve this? How can we have any kind of standing not to? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I don't -- I don't disagree with anything you just said, Councilman Palmer. I -- I think I -- like I said in my previous statement, I think -- I think what they -- what they did was -- you know, I think they are going in the right direction, I guess, but if you were to go back in the minutes, even back then I was opposed to this. In fact, I believe it was Kent Brown, if I'm not mistaken, was the -- was the person who presented this in front of us. I do remember that. And even back then I said specifically I don't like this project in this area. So, I feel it's my responsibility to not waste people's time. You know, I -- and resources. If the -- if the -- if the developer wants to continue to pour money into this -- this proposed development, then, I get -- that's -- they have every right to do so, but I have every right to express my opinions and that's the reason why I was elected to express my opinions and to -- to express my point of view and I have just as much right Meridian City Council Meeting Agenda November 20, 2018 – Page 61 of 370 Meridian City Council November 7, 2018 Page 56 of 98 to say that as anyone else does, to be honest with you. If they choose to come back with high density when I said no high density in this area to me, then, that's not on me, is it? De Weerd: Any other questions? Would the applicant like to comment? Good evening. If you will, please, state your name and address for the record. Robnett: My name is Shannon Robnett. I reside at 5103 Zamora, Meridian, Idaho. De Weerd: Thank you. Robnett: Good evening, Madam Mayor, Members of Council. I hope you had a great summer. While you guys were in here doing stuff, we were down at the county taking care of the spite strip that we had and that issue that we had with that. Okay. One of the things that I -- I'm actually a little disappointed that Council Member Milam isn't here. When we left the last hearing I -- I heard what -- Mr. Bernt you said and what Genesis said and I left here and I was puzzled, because I did comply. At that point I had 40 percent more common area than I needed. I had more parking. I had more amenities and I -- I really left here trying to figure out what -- what is it that I'm not -- what I'm not doing and -- and I don't want to misquote Congress -- or Council Member Milam, but I believe she said I like your project, just not here. I see that's how he deals with stuff. I hope he's not the head of your IT Department. Is that working? There we go. Okay. So, Bill, how do we click on this and get it going? Are you taking over? So, we did go down to Ada County Development Services and we did deal with the spite strip. That was a unanimous decision by both Planning and Zoning and Ada county and that was based on just the fact that we needed to get the zonings consistent. But, as I said, I drove through the neighborhood and I just kind of was looking around and I saw what was going on and -- and I was trying to figure out what -- what is it that I don't comply with? Because your code says in the -- in your comp plan that this area is to be actually high density and we are not high density, by the way, we are medium density according your definitions. But it shows that it's supposed to have that and I heard what you said about four story and I heard what you said about three story and I heard what you said about schools and kids and everything like that and I was just driving around, I was trying to figure it out and I think it was later that week that I realized that what is the feel of this neighborhood? What is it really saying? What is it really doing? And, then, I went out to Harris Ranch and I saw what they done out there and I went, you know what, I get it. I can understand what it meant that we didn't fit the neighborhood. We are four story and we are contemporary. We are not neighborhood friendly. We are not like our neighbors. And so what I began to look at was the density that they have in here and the open space that they currently have and you can see in here is a lot of alley load houses that have little or no yard and I thought, okay, but we want to be good neighbors. We want to see how this fits. So, we took our previous rendition here that had parking all around and it really put everything kind of in at the unit, so you could park at your front door and walk to that, but that's not really what this is. See, if you go back to architecturally, this is called garden style; right? And when I began working with my consultants we figured out that garden style was because you planted the -- the Meridian City Council Meeting Agenda November 20, 2018 – Page 62 of 370 Meridian City Council November 7, 2018 Page 57 of 98 building in the middle of the garden and so when you look at what we have designed here, we have designed in front yards that front Venable and Ustick. We have designed rear load. We have got garages on a lot of these units. We really have gone a long way to fit with the neighborhood and so when we look at that and we look at the garden style concept, you're right, we did take this up to four times what your common area requirements are, but we planted all of the units in the center. We created walking paths around that created garden feel, that give the open space that is really what we were trying to go with when we pushed our units to four story, because we wanted to get the density, but we wanted to give the openness, too. And so when we did that we were able to come up with 196 unit apartment complex, with nine residential lots behind. The residential lots are bigger than any of the surrounding residential lots to act as that buffer between us and the neighbors behind us. Bill ask the comment -- or made the comment about the -- the buffer and -- and you cannot -- you will not be able to see the apartment complex if you're standing on the back patio of the people directly to the south over the tops of the two story houses that will be built right here on this property right here. You will not be able to see it. It will be physically impossible. So, you will be able to look through, you will be able to look around, but to physically see the -- so, I feel like we have done quite a bit to buffer that. Mr. Borton mentioned that the two story needed to be on Venable and Ustick and we took that to heart. In fact, if you look at some of the slides here -- let me back up. Going too far here, but bear with me. You can see some of these houses are designed to look like three story. Some of my neighbors are designed to look like three story and we have dropped it down to two. So, with all of that being said, we hear about the schools and we hear about, you know, the people that came in -- the very first people that spoke that talked about crosswalks and the importance of child safety and protection and I completely agree with all of that. I was one of the ones that voted to raise our registration 18 bucks, so we could have exactly that. But I look at these neighborhoods and I -- I don't know how much the public really realizes that development fees build schools. Property taxes don't. Property taxes are maintenance fees. Not one penny of property taxes goes to build a school. It doesn't go to build new police stations. That all comes from development. And when we are done with this project will have built the roads, we will have built the sewer systems, we will have built the water systems and will have given that back to the city. Then we will have a property tax that will be 800 dollars a door higher than our neighbors, mostly because we don't have the homeowners exemption but also because of the price tag of the project and the density that we put it in. So, you can see here from our elevations we have designed to have a plaza in the center. So, when you look at that and you come at the street from the side and you look at it, we have designed in a plaza that's a drivable, walkable plaza with benches and parkways, so that it connects that whole thing and gives this community a soul in and of itself. So, that you can sit down and you can enjoy the community right there by the community center, by the clubhouse, by the indoor-outdoor play areas, by the pool and you can really have a sense of what this community means and -- and so when I was sitting there driving through and I saw what they have done in Harris Ranch, where they have taken this really high density stuff, but they have given it a real neighborhood feel and I really felt like that's what we have attempted to do in -- in completely hiring a new architecture firm, going a whole different direction. We have -- we have reduced by 70 -- or by 25 Meridian City Council Meeting Agenda November 20, 2018 – Page 63 of 370 Meridian City Council November 7, 2018 Page 58 of 98 percent the unit count. We have increased our common space by over double what we had even last time. Sorry. Forty percent. We have taken the two stories down, another thing that you have asked for, and so one of the things that we -- that we want to look at is just at the actual dollars and cents of it all, the fact that we just picked a random house, I hope nobody in the audience lives here, but a house at Lot 5, Block 9, Crossfield Subdivision, valued at 277,000 dollars, generates 1,882 a month -- or a year, sorry, in taxes. We will be at 2,471 dollars a unit in taxes. We will pay more than our fair share when we come to the neighborhood. So, when we come in and we comply with the comp plan you have, when we come in and we bring our design and we work toward getting what is needed in the neighborhood, we have really asked you that you approve this project, because it's what we have asked for. The other thing that we look at is the growth in the marketplace; right? We have got -- we are on the cusp of a curve and I have got -- we did a market study from a national firm and what we found is that with -- if you take everything that's been approved in -- in Ada county and look at what's been approved historically and typically, 40 to 50 percent of projects that you get approved in multi-family through the City of Meridian actually get built and if you take that number and you apply it to where we need to be for unit counts to handle the incoming population, if we build 50 percent, our current conversion rate, which has been consistent for the last seven years, you -- you do that, you will be a hundred units annually short in this marketplace. Now, let's just say you let us greedy developers go nuts and we over develop and we do 75 percent of them, that means you will have a surplus of 200 units annually in the marketplace. Pretty soon banks will shut down lending on us, we will have vacancies, that will drive pricing down. Now, all a sudden you will have affordable housing. But when you really look at what that means, it means can we really get behind that curve to where we don't have good, sensible projects that meet the demands of the code, that meet the comp plan, that meet the requests of you guys, that really do take care of this. We talk about roads and infrastructure. We know that the road from Meridian into Cherry -- or from Meridian -- from Cherry to Ustick will be built in the next 12 to 18 months. My project won't be online for almost 24 months. When I look at the project that I have right here at Penwood, I have a waiting list. The project down at the Prelude, it opened 64 units full. Every single one of them was committed. They have another phase coming online in December. Those are all committed as well. We have got units coming online, but I do not believe that they are fast enough and so when you look at the things that need to happen and you look at what the community really needs, you look at what developers bring -- and we do -- we bring growth. We bring growth to help with the community that's necessary to fill the need -- that housing demand that we have, because we can't really afford to get into a crisis situation where we are now behind the curve and we don't have enough. We already have that to an extent I have not seen in my career. We have two percent vacancy. We have a less than three month supply of residential housing available in the marketplace. So, I want to close by -- by letting you guys know that the TN-R standard, it is about multi-family. It also is about townhomes, which you saw. We do have townhome style with the two car -- with the one and two car garages that front Venable and front Ustick that have the front porches on them and we -- we have that as far as an additional to our mixed use, so we don't just have an apartment style building and, then, the -- the last thing that I want to bring up is that in doing these projects we Meridian City Council Meeting Agenda November 20, 2018 – Page 64 of 370 Meridian City Council November 7, 2018 Page 59 of 98 are talking about a 12 -- or an 18 to 24 months cycle between the time we start now and the time we finish and in that 18 to 24 months there is a lot that goes on and there is a lot that happens and what I'm seeing in the marketplace, I don't know if you guys know this, you probably do, but Ada -- Nampa is planning on passing an impact fee. At the end of the fiscal year they will probably pass that. That will take effect next year. That will affect the price of housing in Nampa about 5,000 -- 6,000 dollars a door in cost. That's going to push more people your way. That's going to push more people into Meridian, because now the -- the spread that everybody went to Nampa to avoid the housing costs, maybe to get a little cheaper, maybe went a little farther to Caldwell, it's going to push them back in this direction. Are you guys prepared for that? So, I understand my neighbors' concerns. I really do. And I think if you really take a minute and look at this you will see that we have taken those into consideration. We have listened to what you guys have said. We have tried to design a project that we can be proud of, that meets the needs of the community, where you said in your comp plan that this needs to have a designated area of 16 units per acre, we are now under that with what we are doing. We are actually less dense than the existing apartments next door. They are 80 units on five acres. We are less than that. We are less than that. That's 16 units an acre. We are at 13 and a half. So, with that I will stand for questions. De Weerd: Thank you. Council, any questions at this time? Okay. No questions. Thank you. Mr. Clerk. Coles: Thank you, Madam Mayor. John Carver would like to address the Council. Carver: My name is John Carver. 730 West Claire. I would like to have your permission to have Doug Taylor speak on behalf. We have several folks that are here this evening, but we thought that one person speaking for us cohesively would -- would make it a lot easier for you to know what we are all thinking, because we have all discussed it. Would that meet with your approval? De Weerd: Certainly if you have a spokesperson. We have ten minutes that we can provide. Thank you. Good evening. Thank you for being here. Taylor: Good evening. Thank you. De Weerd: If you will state your name and address for the record. Taylor: Doug Taylor. I live at 2727 Northridge Ridgebury Avenue in Meridian, Idaho. De Weerd: Thank you. Taylor: Thank you for the opportunity to address you tonight. Try not to take the ten minutes. First, let me say thank you for your service. I -- I appreciate anyone willing to sit in your seats, because you're not with your families and you are serving the citizens, so I do appreciate it. Some of you I know well, as I have worked in this building for the last five and a half years as Congressman Labrador's Chief of Staff, but I am also a Meridian City Council Meeting Agenda November 20, 2018 – Page 65 of 370 Meridian City Council November 7, 2018 Page 60 of 98 licensed real estate agent and I sell apartments and so tonight I wanted to talk to you about -- a little bit about this development and share some of my concerns and, actually, propose some questions for you to consider that I think are really important. I work for a broker right now and we currently have about a hundred million in escrow and active listings throughout the region, all in multi-family. So, we study the market, it's our responsibility to understand what's happening in the market in terms of people who want to buy these properties, those who want to sell those properties, so we have spent quite a bit of time studying Meridian and the Treasure Valley. So, I did want to share some things I think are important that need to be considered. I do appreciate the fact that there is fewer units. I live in the neighborhood. I am a little bit concerned about that and I share Council Member Bernt's concerns, the density is extremely high, but I think I should -- I want to share some facts and figures and I'm not sure where the previous applicant's numbers come from, I'm sure they are good, but I would like to -- you know, we have our own source of research that we draw upon, but in the next -- in the last 12 months we have had about 150 units that have come online in Meridian. In the next year that's going to go up to 1,694. And, then, the year after that it's about 1,165. And when you actually dive into the numbers, four and five star units, which is what this would be, a Class A type property, the growth for this year to next year is 104 percent. When you look at a three -- like a Class B or a three star property, their growth in Meridian is zero. And, then, when you look at affordable housing, one and two star properties, it's -- we are actually losing housing and so I do think that there is a concern about the mix and I do believe we are over developing this type of a property and I actually think that City Council would be wise to spend some time looking more into a little more aggressively how can we provide some more affordable housing in the area, because I do work with a lot of individuals as well who really struggle with housing and it's hard to find them a place and there is a year plus wait -- waiting list to get any kind of subsidized housing. So, we do have a housing problem in Meridian and to continue to bring on over 3,700 new units in the next little bit, all the same type of property I think is -- is a mistake in terms of looking at the market. And I do -- I do disagree with the applicant's assertion that we are behind the curve. I actually am concerned that we are overdeveloping this particular type of property. If you go look at Prelude at Paramount, I think it's -- I want to say it's 400 -- I don't have it off the top of my head -- 400 units. We have some new properties coming down on Meridian and Ustick. There is 32 there. There is going to be another about a hundred down on Linder and Ustick, just about a quarter of a mile down the road. All the same type of properties and they are all within one mile radius of this proposed project. So, you're looking at 700, 800, up to a thousand units of the same -- sort of the same segment people paying 1,200 to 1,400 for a two bedroom, a thousand square foot type of a home. So, I do think that is a concern the City Council should consider when we are looking at the types of properties we are bringing on. I also think that there -- I have a real concern that -- where we are in the cycle with the economy, around year ten of a growth. We typically -- about year seven things sort of adjust and recent estimates from the two previous Federal Reserve chairs are suggesting we might be in a recession within the next year to 24 months. We know interest rates are going up. We are going to have another adjustment in December, three more next year when interest rates go up to try to control inflation. You end up really driving the value of these types of properties down, because their Meridian City Council Meeting Agenda November 20, 2018 – Page 66 of 370 Meridian City Council November 7, 2018 Page 61 of 98 value is derived from the cash flow and so you have to look at how much it's going to cost in terms of the owner, what their cash flow is and how you determine the property when you're looking at a construction loan and, then, trying to convert that into a permanent loan, once the construction is completed you are looking at a significant increase. I will give you an example of why I'm concerned about this. We are currently working with an owner in Montana who is working on a large mixed use property and he called us because his construction costs went up two million dollars more than projected, because he couldn't find a framing crew, he had to bring them up from Denver, and with the rising in interest rates he's concerned he was going to run out of money in the middle of the project. So, he's asked us to help him sell off part of his properties to help ensure its finances, so that he doesn't get killed when he tries to do -- get some permanent financing on this loan. So, I'm concerned that at this point in the cycle we may run into projects that are partially built and, then, they run out of funding or there is some concerns about where interest rates are. So, that is a legitimate concern I think we do need to consider. Keep in mind I love apartments, because that's what I want to sell. That's what I'm going to feed my family with. But I'm more concerned about having a healthy marketplace. I want to sort of close and I don't want to drag it on too much longer, but I do think if -- if the -- if the city is moving forward with some of these -- continues to move forward with these projects, if you do have concerns where you have a project that's left unfinished, I think it -- it sends a message to constituents that the City Council maybe is more concerned about the priorities of developers, as opposed to the concerns of constituents and that would include myself. I don't think there is any doubt that the applicant's done a really good job trying to -- to consider what you are asking him and he's made a lot of modifications, which I really appreciate. I think the drawings are beautiful. They are -- they are really, really nice. So, there is no disagreement there. But I just also agree -- I'm not sure this is the right place for that, but I would propose a bigger question that I think you should consider -- consider longer term, which is, you know, at this point is it wise to continue trying to push as many projects into the pipeline that are just fitting what I consider a -- you know, a -- there is a need there, but I think we are overdeveloping in those four and five star communities. So, I would just -- I think we should recognize our economy is changing, recognize the City of Meridian is changing quickly. Nobody knows that more than you, but I do believe it would be wise to be careful, to be thoughtful, and be fully informed about these decisions, because of the -- the reasons I stated earlier. So, I appreciate your time and that's all I have for tonight. So, thank you. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: If I may harass Doug for a second. Doug, my friend. Ta ylor: Yes . Meridian City Council Meeting Agenda November 20, 2018 – Page 67 of 370 Meridian City Council November 7, 2018 Page 62 of 98 Palmer: I have a hard time believing that you think that government, this board of six people, should be making investment decisions on behalf of people willing to invest money in our city and, then, instead, asking them to bring government subsidized housing. Taylor: I didn't say that. I didn't say that. Palmer: You said, well, we need more of. Taylor: Affordable housing. If you look at the -- if you look at the numbers you can't deny the fact that we have a major problem with affordable housing in Meridian and I'm not saying government built housing or subsidized housing, we do have a problem there, and that's -- that's just a fact. I mean you know me, you know where I stand politically on this stuff. I'm like the applicant, I actually voted for the registration fees, which is the first time I will ever admit to being okay with a tax increase, but it's needed. It's needed at this time, so -- and I'm not -- this City Council, that's what you are here to do is you make decisions on zoning changes. So, you can't say that I'm -- I'm trying to make an argument that we should have more government telling developers what to do. That's what you are -- you have to do that. You 're city council. To you that's part of your duty. So, I'm just saying when you are making those decisions you should consider not just a specific project and whether or not they are meeting the specific requirements that you're making, you need to think about the city, the bigger picture of what's happening and that's -- I mean, you know, I'm not making up the numbers. These are the numbers I pulled from the research that we use to inform investors that we have throughout the entire Intermountain West on making decisions when they are buying apartments. Palmer: Thanks. Taylor: We can continue later if you want. Palmer: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If I could ask one question on that. If the underlying market data were different with regards to the supply of this type of product, would you be here testifying in support of it at this location? Taylor: Well, in this location I just think it's extremely dense and I just overall have a problem. Now, of course, I'm a citizen and I'm concerned about that. I live in this neighborhood. So, I will admit there is a little bit of, you know, not in my backyard kind of syndrome, but the fact is like kids are crowded with schools, you know, trying to get on Meridian Road, it's not being widened, but, then, you know, the vacancy rates that I'm projecting in the next few years are going to be over ten, 11 percent. You know, we Meridian City Council Meeting Agenda November 20, 2018 – Page 68 of 370 Meridian City Council November 7, 2018 Page 63 of 98 are averaging five percent, which is where most people like to have it. So, I still think I would have the same concerns about this specific area. I do believe we do need a lot of development in Meridian. We are growing quickly. When I moved -- I'm from Idaho Falls originally, but when I moved here in 2013 I think the population was like 76,000 or something and it's a real challenge that you have to stay in front of these needs. But we have space. Trying to cram a project like this into this area I just -- I just do have concerns and how I -- I think it's a beautiful project and I -- I like it, I'm just not sure this is the right place for it. But I am concerned about overbuilding in general and I have the same concerns with Boise and Canyon county as well. I mean the numbers are -- indicate the same concerns with overbuilding in these particular types of properties. Frankly, you make more money. I mean no one's building affordable housing, because you're not -- it's not, you know, making a lot of money. You 're not going to build a class you know, a Class B apartment because there is -- there is more money in these more higher end, because you can charge more in rents. But you're not going to be able to charge more in rents if you continue to have a overdeveloped and have some higher vacancy rates, which, you know, again, I -- I guess we could probably argue with numbers over the applicant's and mine and we might find some commonalities, but I do think that's a concern that -- that you should be thinking about, mostly because just things are changing with the economy. It's not -- you know, two or three years ago maybe the numbers make more sense, but I think now you -- you know, I think it makes sense to slow down just a little bit. De Weerd: Thank you, Doug. Any further questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: You know, I -- it's been a concern of mine for a long time as well. I don't think it's any secret that I'm in the flooring business and so my -- my business is totally predicated upon growth. You know, if we stop growth I might become a realtor. I have no idea. But I will say this that the days of considering affordable housing at 160, 180 dollars a square foot is absolutely asinine. It's crazy that we -- that we come and talk about affordable housing is so expensive and I said this two weeks ago, I mean I remember my first house had laminate countertops and all of a sudden nowadays laminate countertops are like -- like -- it's like stay away from the laminate countertops. I mean like it's unbelievable. And so I -- I -- I totally agree. I mean the discussion in this Council and in this city should be -- and I'm not talking about government subsidized housing, I'm -- I'm just talking about less -- more -- more affordable housing, you know, where people can work and -- truly work and live in Meridian, because as we -- I am -- I have a bunch of subcontractors that work for me. Very few of them live in Meridian, because they can't afford it. They can't afford to live here, because to buy a house is 180 bucks a square foot, you know. It's okay to -- it's okay to -- I'm not anti-builder, I'm not anti-development, my -- again my business is predicated upon this. I just think that we need to start talking about affordable housing and how it can affect the living of -- of the citizens of Meridian and get serious about it, because I think it truly is a big problem. Meridian City Council Meeting Agenda November 20, 2018 – Page 69 of 370 Meridian City Council November 7, 2018 Page 64 of 98 Taylor: Yeah. And if I may, I think what you will find -- I worked -- I used to work in the Senate and we had an issue in Sun Valley -- and I know it's a different world, but they -- they -- they had such a problem with affordable housing that they had no other option but to have fully subsidized government housing that you're concerned about. We don't have to have fully government subsidized affordable housing right now, because if we are strategic and smart there is ways we can go about it. However, if you don't address it, then, you really are left with very few options and the pressure to like use taxpayer money to build affordable housing will be tremendous and that's what everyone wants to avoid. De Weerd: Thank you. Taylor: Thank you. De Weerd: I'm starting to feel like I need to apologize because I have Formica in my house, so -- true confessions. I have Formica. Okay. Mr. Clerk. Coles: Thank you, Madam Mayor. David Ledford is next. De Weerd: I think I'm going to be asking people their name, address, and if you have Formica or not. You don't have to answer that. If you would just state your name and address for the record. Ledford: My name is David Ledford. I live at 670 West Claire Drive here in Meridian, Oregon. Just to kind of look to -- Idaho. I'm sorry. De Weerd: That's all right. It's 9:30. It's getting late. Ledford: You will understand here in a moment. De Weerd: Okay. Ledford: I just moved here from Oregon. I have spent the last 11 years up in Alaska. Several years ago my wife and I decided we needed to start looking for a place to retire. In 2011 we decided on Meridian, Idaho. It was purely by accident. We came up here and loved the place. I mean it was -- it was where we wanted to be. When I got this information -- this is the previous concept and I don't see the change that I would like to see on the new concept. I would like to bring something to your attention. Everybody talks about -- De Weerd: Sir, can you talk closer -- yes. Thank you. Ledford: Move over here. Everybody has talked about different things. I want to add just -- just a couple of things. First of all, accessibility to this property and where is that traffic going to go? We are down to 192 houses. I'm looking at probably 200 to 250 Meridian City Council Meeting Agenda November 20, 2018 – Page 70 of 370 Meridian City Council November 7, 2018 Page 65 of 98 cars going to work every day and coming home every day. If you look at the way this is set up, you have got one road going in and out of this thing. It all dumps on to Ustick. Okay. It's one lane going out or coming in that 250 cars are going to have to get in and out of there fairly quickly. Look where they are going to go. They are going to go into the existing subdivisions. They are going to go into my subdivision. They are going to go into the subdivisions off to the west. Those cars are going to impede on my livability. They are going to impede on the people that are here, their livability. Some of those kids that are going to school every day are going to have to be watching out for cars because of the high density. Okay. That's a concern to me. That's -- that's our livability and we have a right to talk to you about it and that's what I'm doing. So, that is a big issue to consider. Please consider that. Okay. The next thing is -- is roots. I came here to set down roots. This is my retirement. This is where my grandkids are going to come. First time in 11 years I'm going to see my grandkids at Christmastime. That's important to me. I want those kids to be able to go out and play without dodging cars. The roads that are in my subdivision were not meant for that kind of traffic. There is no - - there is no crosswalks. There is nobody there watching this -- this traffic. When these people decide they are going to go to work and they have to deal with the rush hour, then, what we have got is we have got frustrated people coming through the subdivisions and we have got kids going to school at the same time. I got one second. Thank you. De Weerd: Thank you. Coles: Patricia Bainer is next. Very good. Catherine Garcia. De Weerd: Good evening. Garcia: Good evening. Catherine Garcia. I live at 2970 Northwest 8th Avenue, Meridian, Idaho. I'm the little corner house there between 8th and Venable, right on Stanhope. Right there. So, I will be literally backing up to this. I appreciate Mr. Robnett that he has taken into account everybody's situation, everybody's input. Given everything that's going in -- between what's going in on Meridian and Ustick, between what is being proposed -- actually 160 units is being proposed on the corner of Ustick and Linder and now this, so that's easily 500 units within a one mile stretch. When I go to take my boys to school in the morning there is easily five or six bus stops that come through, because of all of the different schools that the children have. They can't go to their home school, so we have got houses that their kids go to multiple elementary schools even and that's not even including all the various charter schools that there are here that get picked up and they get picked up in the dark and they get picked up on the corner of Blairmore and Ustick right there and they all get picked up there in the dark and so this is going to add traffic to that. That's not taking into account the bus stops that there are on Meridian and what that impact is going to be with that when it becomes a four lane road with -- I have literally watched on the way home from picking up my boys the bus stops, the stop goes out, kids are in the middle of the street, the kid realizes he forgot his backpack and doesn't pay attention to see if there is any other cars coming and books it back across. Thankfully nobody was -- thankfully everybody Meridian City Council Meeting Agenda November 20, 2018 – Page 71 of 370 Meridian City Council November 7, 2018 Page 66 of 98 was paying attention, so the little kindergartener wasn't on, you know, the 6:00 o'clock news. But that's happened. People don't pay attention. That's happened recently that kids have been hit getting onto buses. This is going to -- when the development goes through with the houses that will dump the roads down into there. People will filter through there to get over to Meridian, because we want to take the shortest route possible; right? We don't look for the longest route, we look for the quickest route possible. We have got ways installed on our apps on our phones and where is the traffic and where is the blocks and we are how can we get through. This will filter through. On my little section, my little road, now that everybody is moved in, on any given afternoon it's fantastic. There is easily 15 to 20 kids playing out in the street, riding scooters, riding their bikes, playing football -- it's fantastic. I don't want to have to tell my boys, hey, you can't go play, because some idiot from the apartments isn't paying attention. This is too dense. This is too much going in. You 're approving apartments already. Things are already coming online. This doesn't take anything into account of what's going in off Franklin, what's going in off of Overland, what's already going in off of McMillan. All of that. So, thank you for your time. Coles: Jennifer Kettle is next. De Weerd: Good evening. Kettle: Good evening. My name is Jennifer Kettle. I live at 377 West Sedgewick. De Weerd: Thank you. Kettle: And -- thank you. I'm afraid I might jump in with the time that was allotted elsewhere, but I just wanted to share in terms of traffic. I work in healthcare. I have a 30 minute response time to get to the hospital. When this happens you only get so much traffic. I'm concerned about the -- the density of the traffic, but also if you have ever read about the -- the stories or the -- the studies that they have done on the rats, these people are getting more and more upset and there is so much road rage, even on Meridian Road during the -- the biggest parts of the traffic. It's just really concerning. I just really feel like Meridian is becoming so dense in this area that it just isn't the same neighborhood anymore. You know, people aren't -- people aren't treating one another with respect like their work and I feel like the density is really entering into that problem, so -- De Weerd: Thank you. Coles: Bonnie Kettle. De Weerd: Thank you. Coles: Tammy Emerich. De Weerd: Thank you for sticking with us. Meridian City Council Meeting Agenda November 20, 2018 – Page 72 of 370 Meridian City Council November 7, 2018 Page 67 of 98 Emerich: Good evening. De Weerd: Good evening. Emerich: Madam Mayor and Council Members, my name is Tammy Emerich. I live at 692 West Sedgewick Drive. My backyard backs up to the beautiful field that is going to be replaced -- or the request is to be replaced by this unit. The lady earlier stated that she had to see 30 units and I look at the density that I'm going to have to see out of my backyard and it doesn't quite compare to 30. I would be happy with 30 units. I drive into Boise every day to work. I come home on Meridian Road after work and sometimes it takes -- from the time I hit city -- City Hall to getting to my subdivision easily 20 to 30 minutes on a busy day and that's very concerning as we keep adding more growth. Councilman Bernt mentioned smart growth and I think we really have to consider smart growth. Do we have the road infrastructure to support the big apartment complex going in. The Prelude at Paramount, that's over 400 units, and you can imagine how many cars are going to be -- are hitting Meridian Road. They are not widening -- widening Meridian Road all the way to Chinden and so that's a big concern, even if they widen from Cherry Lane to Ustick. We have six-plexes and there are four to six-plexes going in there on the corner of Meridian and Sedgewick and I think -- I'm an educator, I have been in education for 30 years, and I think about the kids and the infrastructure and I -- I don't teach in Meridian or West Ada School District. I did in the past. That's why I said Meridian School District. But I always feel very badly when I think of West Ada and the number of students that they have in classrooms and how those students aren't getting the education that they need, because we keep building and building and building and we can't keep up with that and so I would ask that you really consider that density. I would ask that you really look at do we have the roads and the infrastructure to support this type of building that's going on in -- in this area. Thank you. De Weerd: Thank you. Coles: And, then, Mike Emerich. M.Emerich: Good evening. De Weerd: Good evening. M.Emerich: Mike Emerich. 692 West Sedgewick. Married to Tammy. Yeah. Well, I think a lot of the concerns that have been brought forth are concerns of mine. I do worry about ingress and egress here. I just do not see an easy flow in and out of -- of this proposed development. I think we are going to see a lot of this traffic being pushed into Vallin Courts and, then, on out into Meridian Road, which, if anybody drives that you know that it doesn't have the capacity. The other thing about the Vallin Courts Subdivision is it's -- it's very much a serpentine now and I just see a lot of people snaking through that and really having no other option. I know that we talk about roads getting widened and, you know, all of these great things that are going to happen to Meridian City Council Meeting Agenda November 20, 2018 – Page 73 of 370 Meridian City Council November 7, 2018 Page 68 of 98 accommodate the traffic, but the truth is there, you know, really isn't money for that and so we don't really know when those timelines are. When I drive around this area now I see a lot of apartments. I see a lot of apartments that have been under construction for years and I began to think that why are we -- why are we doing all of this here? There is going to be so many people out that way and we just don't have the infrastructure for it. Why do we need all that high density, you know, building there? It just doesn't make sense. The other thing that I do have -- and maybe it is for the applicant, because I see these -- these are -- these are supposed to be single family residents here in the yellow area? Okay. Now, is that -- this area here? So, that's the same area? That's -- that's part of your -- your development stuff. De Weerd: Sir, if you can direct your questions through me. M.Emerich: Oh. Okay. So, the question I had were these the single family homes that were to be in the Summerville -- De Weerd: Yes. M.Emerich: Okay. It just looked a little different than -- than that. So, that's -- that's my concern. I think it's the traffic. I think it's getting overbuilt. It's too dense. And I do compliment the developer, because I do think this -- this is a better rendering. I still think it's too dense. De Weerd: Thank you. M.Emerich: Thank you. Coles: Igor Osipchuk. De Weerd: Good evening. Osipchuk: Good evening. Igor Osipchuk. 2878 North Ridgehaven Way, Meridian, Idaho. 83646. I wasn't going to come up and say anything, but I'm still concerned -- I like it, the redesign, but I think the redesign is better where it used to be. I'm still against the apartment complex. It's -- it's right directly from my house where I live. Not something you want to see. I agree with everybody who said anything about the traffic. I see it all the time, even though it's my subdivision or not, because it's a dead end subdivision, but every time they clog the road on Ustick or anything, everybody's trying to go through that subdivision trying to cut across to get back onto Ustick and as soon as they open this I am pretty sure everybody is going to cut the traffic and try to make it to -- to the other end. That happens all the time. I live on a dead end street. Every time people turn around on my street -- on my driveway, so -- and I'm pretty sure that's going to get even the worst once it opens. So, I mean everybody is going to go through there. I don't like three story apartments in there. I don't think it fits. Two story fits a whole lot better. So, if this project to be continued I think two story would definitely complimentary a whole lot better than three story and I do agree with staff that even Meridian City Council Meeting Agenda November 20, 2018 – Page 74 of 370 Meridian City Council November 7, 2018 Page 69 of 98 though they continue with a three story, there should be more transition to those two -- three -- couple buildings that come out to the other houses that plan to build. I think they should be reduced to two stories to transition a little bit better. That's all I have. Thank you. De Weerd: Thank you. Coles: That's all that indicated they wanted to provide testimony. De Weerd: You can give it to our city clerk. Sir, I'm sorry, you can't give walking testimony. If you will, please, state your -- state your name and address. Carver: I'm sorry. John Carver. 730 West Claire. What was originally presented to you -- the original showed Ustick before it was even finished in its construction. What was going on on the side on Venable was not shown and I don't think it shows anywhere the real connection of where you have to go when you leave that area. If you want to get out onto Meridian Road the only way you can do it is to go through my subdivision and there is no speed bumps, there is no -- there is a couple of stop signs. There is nothing that's going to stop people from zooming around and going up Indian Rocks. There is nothing going to stop folks and I know that if I lived in those apartments that's exactly what I would do trying to get out of -- get out of what there is there. They -- get out of that neighborhood. So, if -- if you can just consider that or at least these folks can come up with some way to stop that traffic from coming through our area. Speed bumps perhaps. Something at their cost that they could do to mitigate that additional traffic that will be coming down. Just an awful lot of kids. Awful lot of kids. De Weerd: Thank you. Carver: Thank you. De Weerd: Okay. Is there any further testimony? R.Garcia: Good evening. My name is Richard Garcia. I live at 2970 Northwest 8th Street, Meridian, Idaho. De Weerd: Good evening. Thank you for joining us. R.Garcia: Thank you. If we could go back to the photo that has the -- the proposal -- that has the two plans. Thank you. I have a big concern on the south -- southern two exits there. The exit that exits to the west -- at the southwest there to Venable. There is already a street there, but this street is not aligning with that street and the street that is exiting the proposed apartments is exiting right into people's backyards and I have seen too many times here in the short time that we have lived here that people during these winters that we get slide off the roads and I'm concerned that they are going to slide right into those backyards and I know that those houses that are there have children. Why can't we have a proposal that goes with the existing roads that are there? That's I Meridian City Council Meeting Agenda November 20, 2018 – Page 75 of 370 Meridian City Council November 7, 2018 Page 70 of 98 guess my question and the concern that I would hope you guys understand where I'm coming from. De Weerd: Thank you. R.Garcia: Thank you. De Weerd: Can you put that -- that photo up again? Bailey: Madam Mayor, may I speak? De Weerd: Yes . Okay. Good evening. Bailey: I'm Eva Bailey at 706 West Indian Rocks, Meridian, Idaho. And I have lived in Meridian for a long time. My brothers fought boxers at the old Meridian High School, so I'm used to it. But high density in a very small area, we can't stand anymore in our neighborhood. We can never hardly get out. Meridian Road you might as well plan high time, because you will not get out. It's dangerous. People are darting out. And as a retired nurse I think with -- you can see by this map it's very high density. If there is emergencies -- police emergencies, anything like that, it's going to be almost impossible to get into these areas. We have to stop the density. We need to develop, because this is a beautiful place for people to come, but not stuck together like we would be in the inner cities in New York or San Francisco and I -- I really hope and pray you will consider this. Developers need to build, but not on a little lot like that to put so many families. I think it would be a very wrong thing to do for Meridian. Thank you. De Weerd: Thank you. Is there any further testimony? Well, you have all changed your mind about giving your -- your time up, didn't you? I guess that is your prerogative. Sobolewski: Hi. My name is Charlie Sobolewski. I live at 2651 North Ridgebury Avenue and there has been a lot of great testimony here tonight. I think the applicant's got a good plan. I agree with Councilman Bernt, a square peg, round hole. You look at this map right here, we kind of cracked open the bottle a little bit to the west, some high density went in and now the dam has broken and we are looking at more and greater and it's just flooding. So, I just wanted to reinforce everything we talked about here tonight, saying -- let's be thinking about what we are doing. Look at what's there. Everybody's bought into what's there. They like what's there. They would like to see more of that grow there, not this square peg in a round hole. Thanks, guys. De Weerd: Thank you. Any further testimony? Well, at this time I will ask the applicant to come up and respond to some of the testimony and -- and give wrap-up remarks. Robnett: Madam Mayor, Members of the Council -- De Weerd: If you can restate your name for the record. Meridian City Council Meeting Agenda November 20, 2018 – Page 76 of 370 Meridian City Council November 7, 2018 Page 71 of 98 Robnett: My name is Shannon Robnett. I live at 5103 Zamora, Meridian, Idaho. De Weerd: Thank you. Robnett: I brought a copy of this for each one of you. This is part of the market study we had done by a national firm that highlights the area. So, I have got a copy for each of you and while I don't disagree with a lot of what Doug said, I think it's very important to understand that what Doug's talking about his proposed projects, not actually permitted projects. We are very well aware -- and if you turn to the -- let's see. It's the first, second, third, fourth -- fifth page, you will see that there is a graph there -- right here in this corner -- that shows that there is 1,235 units being proposed roughly every year for the potential future pipeline. But, then, you have to apply that 50 percent margin. So, then, you wind up with about 700, 750 that get built every year. We also show that that's roughly the demand that's being absorbed. So, I get that. But I also understand that capitalism does work and supply and demand would definitely take care of affordable housing. So, you can downgrade a five star to a three star by changing the interior finishes, doing some other things to get it done, but you can never upgrade a three star. I would have never thought that you could come in here and propose affordable housing in this area. It would have never flown with the neighbors. So, while I understand that and I get that, I just don't think it's possible. So, downgrading would be a possibility should the market change on us. I think we could do that. But we also might be part of that 50 percent. We might get approval tonight, we might not develop here for years. The other project I'm working on right after this one is 225 units in the area that's been developed and proposed and ready for a set of building permit plans to be submitted to the city with no development agreement -- or with a development agreement, but no plans have been drawn since 2012. Still not built on. Ready to go. We did provide in our last go around back -- gosh, first part of the year -- an e-mail from the superintendent of schools that said that they did have capacity for the schools in the immediate area to house -- to take care of the children. We do have that in the records if you would like to look at that. We also did a traffic study that showed that we are at less than 50 percent capacity on Ustick Road after ours. We also in that traffic study showed that less than one third of ours would choose to go through -- not that nobody would choose to go through the neighborhood behind us, but we would have more of their traffic come forward onto Venable than we would produce traffic into their neighborhood. So, that traffic study was done by a professional, not a buddy of mine, and that was submitted to staff and that was part of the -- of the record and it does show that we are under capacity on those roads by a long shot, even the Indian Rocks Road, the piece being mentioned, and that subdivision back there. If you guys will remember, those of you that were here in 2007, school coffers were full. When we were building Mountain View school it wasn't the struggle that it is now to get schools built and that's part of the development cycle. As things happen, permit fees are generated, monies come forward and things begin to happen and that's part of what that cycle is and, unfortunately, we are at the bottom -- we are at the upswing of that cycle again, so those things have to be happening and it's unfortunate, but my kids are affected by that, too, because they go to Rocky and they go to Heritage and I'm -- I'm in the area. So, I understand this as -- as well as anybody here does. Also -- can we go back to the Meridian City Council Meeting Agenda November 20, 2018 – Page 77 of 370 Meridian City Council November 7, 2018 Page 72 of 98 elevation -- or the -- the picture that the nice gentleman brought of the surrounding area? I keep doing that to you, C.Jay, about the time you think you are done. So, let's see. If we orient ourselves here. So, if you look here where they had talked about our road not lining up and being offset to 8th Street, the real reality is if you look to the east there are two other roads -- three other roads that we have to line up with in the future and we can't do that if we go straight on with 8th Street. We cannot -- we don't provide a logical intersection at the property directly to the east and, then, it creates a very small, almost unusable lot on the property furthest to the east that, then, abuts the development again. So, our proposal with staff was worked through with ACHD and they felt that to meet the Meridian code about the road offsets, this would be the best way to do it moving forward. So, those are all great points and I really appreciate what the neighbors had to say. We did try and address those and these are how -- that we -- we have come up with this and literally been working on this from the very beginning and -- and have done -- I think we have done a great job and so with that I will conclude. Thank you. De Weerd: Thank you. Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't -- I don't see the -- the school district letter. Robnett: It was in the -- our previous slide presentation that we did last time. It was that pdf presentation that we gave you, Bill. Was that part of the public record? Can you pull that up? Coles: Madam Mayor, Members of the Council. So, it would be part of the public record in the minute book for that particular meeting. Not necessarily if he -- De Weerd: Yeah . I was looking for it, too. Coles: I think he presented it during his presentation it's part of the minute book. Borton: So, Madam Mayor, I guess we know where -- where it is, but it's not in the packet itself. It's in the minutes. Same thing with the TIS, it's not in the packet. I don't - - Robnett: The CIS? Borton: The traffic impact. Robnett: Okay. Yes. Meridian City Council Meeting Agenda November 20, 2018 – Page 78 of 370 Meridian City Council November 7, 2018 Page 73 of 98 Borton: So, ACHD in December of '17 indicated one would be required at a future point. It sounds like you have done one now, but -- Robnett: That's correct. And that -- Borton: I don't see the study in there. Robnett: It was turned into staff. Parsons: Madam Mayor, Members of Council, I don't see the traffic study on Laserfiche either as part of the record. I just saw ACHD's comments that they would require one. Robnett: And we -- we are required to do that and we are required to turn it in with our application. Borton: So, a little disconnect, but we probably could figure that out, if you had submitted it, but we can't find it. Robnett: Well, in Bill's defense we submitted it to Josh. Borton: The city though. All right. De Weerd: Did you submit it when you turned in this updated plan? Robnett: We submitted it with our original application. De Weerd: Oh. Okay. Borton: Impact study? Robnett: We are required to. Parsons: Madam Mayor, Members of the Council, if my memory serves me correctly, this started back in November or December, this project, of 2017. Typically ACHD will not require a traffic study with an annexation request. That usually happens with a subdivision or something that generates trips. I don't -- I'm not saying Josh may not have received that are not, I'm just saying I have never seen a traffic study for this. I know when we met with the applicant back sometime in December they were in the process of doing that. I know they had a consultant they were doing that work, because ACHD wanted to see some of that analysis. But, again, with an annexation they don't really have a lot of authority at that point. They are mostly -- their authority is with plat and subdivisions. So, a lot of times if we don't capture their requirements in a development agreement, you know, we don't get comments until the property is subdivided and they hit those thresholds. Again, in this particular case I would imagine - - I don't -- I don't know what the thresholds are going to be as part of this development. Again, we lean towards ACHD for that. I don't even see an updated staff report, which is strange to me, because I remember working with ACHD on the alignment of Meridian City Council Meeting Agenda November 20, 2018 – Page 79 of 370 Meridian City Council November 7, 2018 Page 74 of 98 Stanhope and 8th Street and we all agreed that it would be offset and it was a safer situation and if my memory serves me correctly, Kent Brown even testified to that was before you as well. Those were things that were -- ACHD had changed their original recommendation. So, let us -- let us get to the bottom of this and try to get the right information for you. But right now none of that information, from what I can see -- I'm looking at the public record, I don't see it either. Bill, if you will remember, I believe when we originally submitted this we submitted this as a -- as a subdivision, because we had to have a will serve letter and we had to draw up the subdivision lots, that's what brought that along on the back and at that point ACHD did require us to do that traffic study. Parsons: Yeah. I will pull up the application and see what you submitted, because I'm seeing 25 pages and usually a traffic study is more than 25 pages. Robnett: Yes , it is. It's still about 35 bucks a page. Any other questions? Borton: Madam Mayor? I guess while he's looking for that, what -- what kind of sparked all of that, I wanted to make sure we are -- we are seeing everything, but the 20 -- the December 2017 ACHD staff report that's here, is that the only one -- is there only one? Robnett: There is only one that's been done. Yeah. Borton: Okay. Robnett: From there we have reduced the number of units and reduced the impact on the area, so -- Borton: So, Madam Mayor, there is a comment on this last page of that staff report that makes reference to a significant change in the land use design may necessitate a review by ACHD. Did you visit with them once redesigned? You have made drastic changes. Robnett: Well, I think that -- I don't think ACHD would be too upset at us if we dropped our density by 25 percent, but we would definitely do that. Our direction when we left here last was to go solve our problem with Ada county, come back here, see if we were going to gain approval. If so, there is no problem with that being a condition of the approval. But I -- I would find it very, very, very surprising that that much has changed, that dropping it by almost a hundred units would impact ACHD's recommendation. I would struggle that they would be that short-sighted that 12 months would change that, especially with a reduction and they had already seen the traffic study. Borton: Fewer trips for sure. Robnett: Say again? Meridian City Council Meeting Agenda November 20, 2018 – Page 80 of 370 Meridian City Council November 7, 2018 Page 75 of 98 Borton: Fewer trips. Robnett: Yes . Exactly. Borton: Okay. De Weerd: And this does say that River Valley is not at capacity, but River Valley is two miles from this location. Robnett: That's the school that we were told serves this area. De Weerd: You stumped me on that one. Robnett: That's why I asked this -- the person that we asked at -- we asked Joe over there, because he knows about that. I didn't know about that. So, we just asked him how -- how -- how the school was doing. De Weerd: Is -- is it because the schools closer by are at capacity and so this is the next option? Robnett: Either that or I don't know how the district was ever laid out that maybe this area was never designated to go to those schools. I know that my daughter lived right across the street from a school and was going to a different school that was -- she was never -- we would have never been in that district across McMillan for her to ever have gone to that school. It just was never designed that way, so -- De Weerd: Okay. Any other questions for Shannon? Bill, did you have something that -- Parsons: Madam Mayor, Members of the Council, yes, I wanted to provide clarification. So, the applicant applied for annexation only and per our checklist there is no requirement for confirmation from ACHD that a traffic study is required, so we do not have that as part of the application submittal. Robnett: Okay. Thanks, Bill. De Weerd: But you did submit a traffic study -- Robnett: Yes, we did. De Weerd: -- and so we will want to find that. Council, any -- any further questions? Thank you. Robnett: Thank you. De Weerd: Okay. At this point, Council, if there is no further testimony and I see that -- if you want to have discussion, if you have further questions for -- for staff. I know they Meridian City Council Meeting Agenda November 20, 2018 – Page 81 of 370 Meridian City Council November 7, 2018 Page 76 of 98 have not had time to do a full evaluation with this updated plan, so we are looking for your direction on this. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I really don't like the thought of continuing another one, but, yet, it seems like we don't have all the information that we need. So, I feel like we need an updated staff report, as well as a traffic impact study of one -- if we have one. So, anybody else weigh in with that, if we should think about waiting until we have full information? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I agree with you. Sometimes that might be necessary to make sure we have got an ability to make the right decisions, so -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: If the traffic study was the concern, wouldn't we be safe approving it with a condition that ACHD also be cool with it? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Perhaps. I know compliance with all conditions from ACHD is one of the conditions that he would be agreeing to as part of this application, but I think it was some of the opening comments from staff that said if -- if this were to proceed to be considered for approval staff needs additional time to vet the changes. Just doing it's due diligence. If there is any -- if there were any concerns it would be probably helpful to the applicant, too, to be made aware of them before we made decisions. So, the time affords them the ability to do that. It seems to be prudent. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: One of the options we spoke of is a possibility of sending it back to P&Z. The changes were significant enough to have them look at it one more time. Just -- not saying I would support that, just an option to talk about. Meridian City Council Meeting Agenda November 20, 2018 – Page 82 of 370 Meridian City Council November 7, 2018 Page 77 of 98 De Weerd: You have all kinds of options. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'm going to -- I'm going to make a motion to continue this. I'm doing it because I'm not of the mindset that -- let me -- let me start over. I don't think there -- this is an insurmountable problem. I think my -- some of the concerns that I expressed last time -- I think the applicants addressed the lion's share of them. We are looking at this still with the landscape of -- of, you know, a mixed use community designation on our comp plan that has contemplated this type of density at this location. The future land use map is consistent with that, too. So, the requested zoning designation is consistent with what was planned for and what's been incorporated into the school district's planning, the highway district's planning is all been made well aware of how dense this would -- would be. So, the -- the changes that have been made are well received at least by me. I think the applicant's gone a long way to try and scale this back, both in its design and in its density to meet in the middle and still be compliant with what we had expressed to the applicant to be the intent for this location. So, I think additional time with staff can help avoid any snags, should we be missing something, but I'm generally favorable and hopeful that this might be able to proceed after staff gives it a second look. I'm open to any other comment. Madam Mayor? De Weerd: Mr. Borton. Borton: If there is no other comment, I would move that we continue H-2018 -- excuse me. 2017-0142 to November 20th. Bernt: Second. Parsons: Madam Mayor, Members of the Council, if -- if I could. If you would allow time -- adequate time to analyze the changes I would propose at least at a minimum December 4th. Borton: Let me restate that, Madam Mayor. De Weerd: Okay. Borton: I misspoke. I meant to say December 4th. Bernt: Second. Borton: And just a quick comment. De Weerd: Okay. Meridian City Council Meeting Agenda November 20, 2018 – Page 83 of 370 Meridian City Council November 7, 2018 Page 78 of 98 Borton: As part of that. The comment from -- the comments that we have received from the public, both here at this meeting and the prior meetings and in writing as well, I think have certainly been considered and reviewed and -- and the review of the revised application, take those to heart as well to make sure that to the extent those can be addressed that they are. De Weerd: And so some of those documents you're looking for is maybe an official letter from the school district and I thought they had one at one time, but if not -- they usually weigh in on these. Coles: Madam Mayor, Members of the Council, sometimes they do, sometimes they don't. I think what the applicant was referring to, though, in that letter was what we were able to pull up onto the screen during your discussion. De Weerd: If we can request that and if the school district can perhaps comment on why Discovery -- or River Valley is the home school for a development on the west side of Meridian Road would be interesting. The traffic impact study -- and that -- certainly the impact study was for a higher density, as I understand. Staff comments on conditions of development updated to this current plan. Anything further, Mr. Borton? Borton: No. Unless there is something else from Council to add to it. De Weerd: Okay. Okay. So, the motion is to continue this application to December 4th. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. I. Public Hearing for Burlingame Subdivision (H-2018-0079) by Yuriy Mukha, Located at NW Corner of West Cherry Ln. and N Black Cat Rd. 1. Request: Rezone of property from R -4 (18.994 acres) to R - 8; and 2. Request: Preliminary Plat consisting of 74 single-family residential building lots and 14 common lots on 18.994 acres of land in a proposed R-8 zoning district; and 3. Request: Modify an existing Development Agreement to allow for additional residential and common lots, to allow for R -8 zoning and to change certain other provisions of the agreement De Weerd: Thank you for hanging in there with us. We appreciate that. Okay. Item H was remanded back. We already took action on that, so Item 8-I is a public hearing for Meridian City Council Meeting Agenda November 20, 2018 – Page 84 of 370 Meridian City Council November 7, 2018 Page 79 of 98 H-2018-0079. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda is the Burlingame Subdivision. The site consists of 18.99 acres of land currently zone R-4 in the city limits and it's located near the northwest corner with Cherry Lane and North Black Cat Road. In 2017 the City Council approved a previous preliminary plat and development agreement modification to allow the applicant to develop 60 single family lots consistent with the previous approvals. The current Comprehensive Plan designation for this particular property is low density residential, which is three or less dwelling units to the acre. The applicant is here this evening to discuss a rezone, a preliminary plat and, again, another development agreement modification to develop the property with 74 residential lots in a proposed R-8 zoning district. Because the applicant has increased the number of lots over the previous plan, the applicant is requesting a step up in density from City Council this evening. There is an existing home that is part of the development agreement. I believe Council probably remembers that discussion. It's located here in the southwest -- or, excuse me, the southeast corner of the development along Cherry -- Cherry Lane. Again, the conditions that were placed in that development agreement will run -- run with this land and still remain in place for this particular property. It's just not a lot and block within the subdivision. So, the preliminary plat on the left-hand side is what you approved last year, which had the 60 lots and the new preliminary plat is the 74 lots right on the right-hand side. So -- so, just for your information, density is increased approximately from 3.1 dwelling units to the acre to 3.9. So, not a large increase in density, but there is an increase. The applicant is proposing to extend a stub street from the north from the Turnberry Crossing Subdivision, like the previous plan, more roadway with this particular plan. One access is proposed at the south boundary to Cherry Lane and there is a stub street to the west and east boundary in accordance with ACHD's policies and our Comprehensive Plan. The -- the positive aspect of this particular project over the previous one is your -- the applicant's actually proposing more open space than the previous plan, along with more amenities. So, along with that request for a step up, the applicant does have interconnected pathways, a tot lot, a pond and a segment of the multi-use pathway as part of the master pathways plan. The applicant is also requesting a waiver from Council to tile two of the laterals that are running along the north boundary. So, we have Settlers Canal and, then, the Stafford Lateral along the north boundary here. Those are large facilities and they are asking for your waiver this evening. The applicant did provide some conceptual building elevations for you to take under consideration. These are, again, required as part of the development agreement for them to comply with. Complimentary building materials to what's actually in the surrounding developments. We have a mix of wood siding, corbels, covered porches, two and three car garages. Staff is amenable with the proposed subdivision and the elevations before you this evening. Planning and Zoning Commission did recommend approval at their hearing. Speaking in favor we had Becky McKay. In opposition we had Kerry Donahue and, then, commenting on the applicant was William McHugh and Kerry Donahue and, then, Jeanette O'Brien provided written testimony on the application and Josh Beach presented the application at P&Z hearing. So, key items of discussion was -- with the subject application was the depth of the sewer to the property Meridian City Council Meeting Agenda November 20, 2018 – Page 85 of 370 Meridian City Council November 7, 2018 Page 80 of 98 to the east of this development, located I believe as 521 -- 5120 West Cherry Lane and, then, there was concerns about increased traffic through the Turnberry Crossing Subdivision to the north. Key issues of discussion by the Commission. The improvement in the design in open space over the previous plan. They like this -- the new plan better from the previous and they were also open to more open space and better amenities. Key changes from the Commission. There weren't any. And, then, again, the two outstanding issues for you this evening as whether or not you support the step up in density. The slight increase in density and, then, also the waiver of the irrigation facilities. I will conclude my presentation and stand for any questions you may have. Borton: Thank you, Bill. Council, any questions? Bill, can you show on the plat real quick where those irrigation facilities are? Parsons: The canals run along the north boundary of this subdivision in between Turnberry Crossing along their -- north -- or south at Turnberry Crossing and, then, north of this proposed subdivision. So, it's this large area here between the two developments. Borton: And it's a -- it's a waiver of two different facilities? Parsons: Correct. Borton: Okay. Parsons: That is correct. Borton: Okay. Council, any questions from that? Would the applicant like to come forward and welcome. McKay: You just can't get rid of me and I sorry about that. Borton: Ongoing. McKay: Becky McKay. Engineering Solutions. 1029 North Rosario. I'm representing the applicant Yuriy Mukha on this particular application. There we go. As Bill indicated, this property is 18.99 acres. It's a consolidation of multiple parcels. There are two existing homes on the property. It's located just north of Cherry Lane and west of Black Cat Road. The property initially was annexed and zoned into the City of Meridian clear back in 2006 and a development was approved and construction plans were drawn on the property and it was called Incline Village. That preliminary plat approval expired. The project was never built and, then, Yuri y purchased the property and brought it through and had approximately 60 lots on the parcel and request -- and the existing zoning of R-4. After his -- this kind of gives you an aerial of the -- of the property, so you can see the existing homes. There is an existing home here, an existing home located here and, then, this is the out parcel that they did a record of survey that was Meridian City Council Meeting Agenda November 20, 2018 – Page 86 of 370 Meridian City Council November 7, 2018 Page 81 of 98 initially split off right here and so the parcel runs up here. This is the Safford Lateral on the north side under Nampa-Meridian Irrigation District. On the south side is the Settlers southern canal and, then, it's piped right through here. We have an existing stub street to Turnberry Subdivision located at this location. This is the project that was approved. I did read through the minutes. The staff report. There was a considerable amount of discussion on the fact that the primary open space was clear down here on Fairview -- or Cherry Lane and the fact that the project just was kind of disjointed, not really neighborhood friendly. There was inadequate area allocated for the two waterways and so there was some issues that they ended up working through. They did get approved. After obtaining approval, then, Yuri y went in and -- and met with multiple real estate agents and developers, builders and they basically critiqued the project and -- and he didn't get that warm of a welcome. So, he had seen me at the hearing at Sky Mesa and so he came -- ended up on my doorstep and said, you know, could you take a look at this. He said, you know, I just -- I just think that something better can be done on this property and, you know, a lot of people have -- have critiqued it and they have said they don't like this or they don't like that. So, I kind of took a look at it and my recommendation was, one, they -- they basically scrape the home that they were trying to work around at this location and that this was the nicer home that was located on the property and -- and that could be retained, but if they got rid of the second one, then, that would, obviously, open up the project to a lot better layout. So, what we did is we evaluated it and -- and looked at the market conditions and as we were evaluating it prices were escalating rapidly in the City of Meridian and so, you know, the big -- the big question that -- that we all look at is affordability, you know, where are these prices going, where are they going to stop and so in looking at the project, you know, I -- I told Yuri y, you know, it's kind of an in-fill parcel and based on the shape and -- and the -- what we can do with our amenities if we reduce the lot sizes and went for an R-8 designation, which would slightly increase the density from 60 dwelling units to 74, so there is an increase of 14 dwelling units, then, that would give us a little better flexibility in creating pathways. So, they had an open space back here, but there was controversy about their pond. There was intermittent water delivery to this property from Settlers and so I told Yuriy, you know, we have got to pipe water to the north across to Cherry Lane to the adjoining property. My recommendation would be to put your irrigation pond located here at the entrance. So, one, it's a passive amenity. It's aesthetically pleasing, but it also has a functional purpose. There was concerns from Turnberry about the pump station being located back by them and the noise associated with it, so here, obviously, being up at Cherry Lane that would eliminate that. I added an island at the entrance. Landscaping here. We have an access for -- to take this existing home, so that it can connect to -- we have a sewer stub, a water stub and, then, an approach. So, it can eventually eliminate that access to Cherry Lane in the future. The original stub street to the east was located here. I talked to Mr. McEwen, who owns this property here, and he asked me -- he said, you know, from our perspective we would prefer that you move the stub street south, because that would better serve the redevelopment of our property, because we are contemplating the possibility of a Montessori school and I told them I would be glad to do that, because a stub street is for your benefit, not ours, and so I did relocate that stub street. We have a stub street going to the west that will eventually serve these properties as they Meridian City Council Meeting Agenda November 20, 2018 – Page 87 of 370 Meridian City Council November 7, 2018 Page 82 of 98 redevelop. Our sewer service is here. There is an existing -- there is an LDS church and another church located here. This is zoned L-O. It's R-4 to the north. R-8 to the south. The sewer line we will connect and extend through here. So, I have a pedestrian access and, then, a multi-use pathway and landscaping. These are existing trees that are on the property all along the north and east boundary, so we are going to retain those and, then, that multi-use pathway will go along the Settlers Canal, then, we drop it back into the project through this micro path here. So, basically, creates a loop. To address the concerns of the Council, staff, the Planning and Zoning Commission from the original proposal, we created this 14,000 square foot common area here with a playground and a gazebo and landscaping and, then, we put another pedestrian pathway that comes down and, then, links to the stub street here. So, initially, you know, we have a piece of property that has been sitting there annexed and zoned for 12 years and has not developed and so, you know, I took it upon myself to -- to figure out something that I thought would be more marketable and would develop and be built as proposed and we increased the density, but we also increased the open space. The initial open space was just barely at ten percent. It also had some flaws in it as far as their pathways, their allocation of their common -- or their -- or separate lot for the waterways and we boasted that to almost 12 percent. This particular design we feel is - - is what we call a more walkable design. We have lots that range in 5,600 square feet. Our largest lot is this existing home, which is 34,000. But our average lot size in this project is 7,152 square feet. We also have lots that vary in depth from approximately 102 to 150 feet and that's just kind of how it worked out, but it does provide alternatives to different lifestyles. The second -- the -- this pocket park, as I indicated, is 14,000 square feet and, then, down here we have 26,000 square feet here. So, we feel will have a nice -- a nice aesthetic look and, like I said, this is a passive amenity as you come in. Our active amenity is up here internally and located in -- kind of in the middle of the project. Water service. There is a 12 inch water main that's located in Cherry Lane that will connect and extend. Then there is also an eight inch water stub here that's in Turnberry. Turnberry years ago put in trust a certain dollar amount for the crossing here of the Safford Lateral, but it will be our responsibility to construct this bridge or pipe across these two waterways and we think, you know, what's before you is superior to what was approved. Yuri y and I, like I said, worked -- worked for quite a while to come up with the amenity package that we think will, obviously, make this attractive. We are looking at kind of empty nester types. But even empty nesters have grandkids, so I encouraged him to have playground equipment and that was one of the things I read that in the Planning and Zoning Commission comments that they would like to see a playground in his development and, then, we have the gazebo, the retainage of the existing spruce trees, and our interconnecting path and pond. This kind of shows you the -- a blow up of the pond area here at the entrance. So, we -- you know, we have a lot of extensive landscaping and, like I said, it's going to have a nice, clean feel as you drive into it and our first lots are here. The sewer, basically, when we reach this point, is coming right at its maximum -- or not maximum, it will come out of the ground if I extend it any further south. You can see here is our pocket park here, with the pathways, the gazebo, and the playground. This is the existing home. It's located on the eastern side. Like I said, we are providing a sewer and a water stub and, then, an approach to our street. Currently the property has a garage, which is oriented Meridian City Council Meeting Agenda November 20, 2018 – Page 88 of 370 Meridian City Council November 7, 2018 Page 83 of 98 to Cherry Lane. There is in the development agreement, as Bill indicated, a 25 foot landscape easement. There is landscaping there. But it will be encumbered by the original requirements. Here is some elevations of the homes that we intend to build on the lots. They are primarily -- there will be two story and -- and single story, with two car garages. You know, some will be -- you know, like I said, empty nester type homes with the smaller yards, others we have deeper lots that will accommodate larger homes and for family life. As far as sewering to the property to the -- to the -- to the south of us, this driveway here -- there were staff comment that the driveway exceeded the maximum length, that a turnaround will be required based on the fire department. We did contact the fire department. The drive -- shared driveway will terminate right here at this lot. This will just be an easement for the sewer to stub to this property located at that location. So, we will not exceed that 150 foot maximum length. We think we have a good project that's before you and -- and, like I said, you know, it's our job to, obviously, you know, come up with plans that are marketable and this particular property has gone through a couple of renditions that have not been successful, but we believe that what we are -- what's before you this evening will be built and will, obviously, contribute to the housing needs of the City of Meridian. Do you have any questions or can I answer any questions? De Weerd: Council, any questions? Okay. McKay: Thank you. Coles: William McEwen signed up to testify. McEwen: Good evening. De Weerd: Good evening. McEwen: Madam Mayor, Members of the Council, thank you so much for your time. I know it's late. I'm going to make this very brief and I'm going to make it very pointed, so that everybody understands exactly where I'm coming from. As she pointed out, I live on the five acres that is west and north of this project and on the south side is Cherry Lane. My address is 5120 West Cherry Lane in Meridian, Idaho. Did I give you my name? De Weerd: I don't think you did. McEwen: William McEwen. William McEwen. De Weerd: Thank you. McEwen: Okay. So, they are asking for a change from R-4 to R-8 and Bill Parsons -- Mr. Parsons, that was -- the smaller lots was because they are going to be marketing to 55 and older; is that correct? Is that what the -- what the original meeting was with the Planning Commission? Meridian City Council Meeting Agenda November 20, 2018 – Page 89 of 370 Meridian City Council November 7, 2018 Page 84 of 98 De Weerd: How was it projected at the Planning and Zoning Commission? McEwen: That was the reason for the increase in density; correct? Parsons: Well, their -- their proposal is that's what they think the market is looking for. McEwen: Okay. Parsons: So, that's why -- McEwen: All right. Just wanted to make sure there was clarification there. I'm in the county and so is my neighbor right here, Mr. Kent Blake, and we are RUT, so we are going from an RUT to a proposed R-8 and we would expect a little bit of a transition zone, just like you want to transition zone off of streets to projects of yours, we would expect a transition zone from our product, our property to this project and a transition zone or buffer or whatever you want to call it and we love our current country living and lifestyle and would like to be able to maintain that as much as possible without causing any kind of hardship for this project. I know that they spent a lot of money and time on this. I am totally open to -- to moving forward and progress and all that good stuff, but we need to do it smart. We own a Montessori school. We are looking at expanding that Montessori school and so we have little children right around on our property and it's with that that we are asking that there is -- be no two story homes placed on the border of our property or at the very least no two story windows facing our property and we talked about a buffer zone, we talk about transition zones all the time. We are asking that people cannot look down into our playground, cannot look at -- down into our existing pool that we have and because they are marketing to older -- to what they believe is going to be the older people, they don't want two story homes anyway and so it just makes sense that we stamp that, make sure that we don't have people looking out their bedroom windows down onto our playground. That's -- that's what we are asking. There is one more issue and that's with the fire hydrants. If you drive down Cherry Lane you will not see one fire hydrant anywhere. Off of Black Cat and Cherry Lane. And because they are putting in this project we think it would be a very good idea if they were to install a fire hydrant on this -- on this stub, so at least my property has a fire hydrant next to it and it can be run across to Kent's place as well. I realize this is an imposition and we would be willing to pay for that. It just makes sense to put it in at this time. Do you -- does anybody have any questions for me? De Weerd: Thank you. Council, any questions? We appreciate you being with us tonight. McEwen: And what I'm asking for sound reasonable to you? De Weerd: I think you need to look out for yourself and ask for what you need. McEwen: That sounds like a very good political answer. Meridian City Council Meeting Agenda November 20, 2018 – Page 90 of 370 Meridian City Council November 7, 2018 Page 85 of 98 De Weerd: I don't think it's my call, so -- Coles: No other signups indicating testimony, Madam Mayor. De Weerd: Okay. Denise. Good evening. LaFever: Denise LaFever. 6706 North Salvia Way. De Weerd: Thank you. LaFever: Meridian, Idaho. I personally am not fond of this project. This project has come before Council before. It was annexed at 60 properties and, then, 64 last year is what they asked for an increase and now we are asking for a step up. A step up merely to get smaller lots, more density. The largest feature on this property is a holding pond used for holding irrigation water. We went from cul-de-sacs to shared driveways. The transition that's on here that goes up against the five acres, those are smaller lots. It would be nice if those were bigger lots on the back side of that. It also isn't compatible with the other neighborhoods around it. The other neighborhoods around the area are R-4s. This is an R-8. So, you know, one of these things, too, is I would like to see them be able to build this in an R-4 configuration, the way that it -- the way that it should be and the amenities on here I would like to see real amenities and not holding ponds. De Weerd: Thank you, Denise. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Denise, you mentioned the cul-de-sacs to shared driveways. Do you see shared driveways as diminishing the quality of the development? LaFever: Yes . I live next to a shared driveway and they are nothing but a headache. They -- when you go back and you pull out your trash cans, you have an issue now, because there is not enough room for trash cans to go out. You have an issue when somebody goes back and does land -- if this is really being sold to -- on older people, 55 and older or empty nesters, they are not going to necessarily do all the landscaping work themselves. My neighbors don't. So, now you have them blocking your driveway. It's nothing but a headache. And, then, you have the responsibility of who is taking care of it. I personally don't like seeing shared driveways. I don't see where it increases the livability or neighborhood. Cul-de-sacs are great. You can park a car in the middle. There -- they move around. They are a much better quality of life, so -- Palmer: Madam Mayor? I mean looking at the shared driveways on here it looks like there is ample opportunity for trash can placement. In the southeast one probably would have to go across the street, but, then, the other one is right there against that Meridian City Council Meeting Agenda November 20, 2018 – Page 91 of 370 Meridian City Council November 7, 2018 Page 86 of 98 other green space. I have owned two homes in my life. My last house was in a cul-de- sac. Lots of turnarounds, including fire truck, back and forth a hundred times. So, I understand. That's the way it is. Now I live on a shared driveway and I love it. Right next to Morgan. I don't know if she's commented on it. The reason for me -- we talk a lot about children's safety. We have had a lot of people testify tonight about, you know, my kids are playing in the street and they won't be safe, because there will be more cars on the road. Well, no kidding. Roads are for driving. Driveways -- the word would insinuate driving, but our shared driveway, because we are all right there, we are all each other's neighbors, there is nobody else using our shared driveway. We all know each other's kids. We know each other well enough to know that we all need to pull in very slowly. So, all of our kids are always out in the shared driveway and none of us ever worry at all about it. So, there is my rant on -- LaFever: So, we will just -- we will just have a difference of opinion. Palmer: -- on my difference between cul-de-sacs and shared driveways. LaFever: I hate shared driveways. I'm just very blessed that I love my neighbors. I have wonderful neighbors. So, that it makes it much more enjoyable. But I hate the shared driveway. I would never buy another shared driveway ever again, so -- Palmer: Thank you. LaFever: Thank you. De Weerd: Thank you. Any further testimony? Okay. Becky? McKay: Becky McKay. Engineering Solutions. Madam Mayor, Members of the Council, as far as the shared driveways, we only have two. We have this one that benefits basically these two lots and, then, we have one here that benefits these two lots. So, it's not like, you know, we have incorporated a significant number of shared driveways. This shared driveway -- the one reason that I did it that way is because we need to get the sewer to this point for future sewer service ability of these properties. So, say your staff likes that to either be in a public street or in some type of paved type surface and so this one is kind of -- ended up being out of necessity, because I didn't want to pull the street down there, because, then, it would -- it would severely encumber the redevelopment of this lot if you had multiple stub streets to it. Secondly, the question on the lot sizes. I mean like I indicated, you know, our lot sizes -- our average is over 7,000. My largest lots are next to this five acre lot, Mr. McEwen's. This particular lot here is 10,000 square feet. These are ranging from 74 to 75 hundred square feet. I did consider the fact, you know, his house is oriented down here next to Cherry Lane. So, back here it's basically just the pasture. One of the reasons that I put this 20 foot landscape strip here was to create that buffer. So, this will be a 20 foot landscape buffer with just a five foot pathway that leads here to our amenity and, then, the depth of these lots is 135 feet. So, you add in the 20 feet, the 135 feet, that's 155 foot depth, a significant separation when you figure the driveway is going to be only 20 Meridian City Council Meeting Agenda November 20, 2018 – Page 92 of 370 Meridian City Council November 7, 2018 Page 87 of 98 feet into the lot. So, I didn't want to lay houses and have, you know, just a hundred foot depth right next to him. So, we have done, you know, what we can. I did the same thing over here to the west side. My largest lots ranging in the 7,000s and -- are up in this particular area here and the -- the smaller lots are localized internally. You also have to consider we have two churches that adjoin us. The two churches -- we have this -- this drive here. I see a lot of these people walking to church. I think we see a lot of elderly people that want to live near their churches, especially the LDS churches, and this project it's -- you know, it's an unusual shaped property and I think we have basically done everything we can to make it as attractive as possible and add these amenities and add the pathways and compensate for the increase in density. I wouldn't be before you this evening asking for additional lots and increase in the density if I hadn't done what I felt was appropriate to increase the open space and incorporate more amenities and that's what we have done. As far as the hydrant back here for Mr. McEwen, I think that's probably your Public Works staff. We show a hydrant located here and, then, another one about 400 feet away. If staff determines that it is in the best interest of the city and for future service ability what I told Mr. McEwen on the phone then, obviously, we will be required to put that hydrant in. I mean fire safety is important to all of us and, you know, I'm -- I'm stubbing the water, I'm stubbing the sewer, I'm doing everything that I can. We will be building a ten foot pathway along Cherry Lane, because that is a multi-use corridor and, then, this will be ten feet along here. So, we think we have got a good project and we have worked diligently to get to this point and, like I said, we have got something that's approvable, buildable and marketable and I think that's -- that's our goal and -- and that's what we have here. We -- the parcel is unusually shaped, but we have done I think a better job than what was approved previously and I ask that you support it. Thank you. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Becky, would you mind -- like can you point out where the school is? He mentioned that he would prefer to not have any two story homes, but I -- also it looks like it's a pretty safe distance away. De Weerd: After -- yes, we will ask for further detail after she responds. McKay: Madam Mayor, Councilman Roberts, I -- I think I did ask Mr. McEwen for a site plan and I don't think he sent me one. He did not send me one. I guess based -- the only thing I can go off of is based on our phone conversations that they would utilize this -- this stub street here and that's why it was in their best interest that I move it south to, obviously, retain as much of this area north of his home, so that that school could be located in -- right here. That's my understanding. Little Roberts: Madam Mayor? De Weerd: I think -- yes. Meridian City Council Meeting Agenda November 20, 2018 – Page 93 of 370 Meridian City Council November 7, 2018 Page 88 of 98 Little Roberts: Sorry. Follow up. So, it's -- it's -- the school is a concept, it's not -- or maybe I should reserve it for Mr. McEwen. McKay: There was no site plan provided to me. I did ask if you have a site plan I would be -- you know, if you could send that to me, then, I could input it into -- to our plan and -- and, obviously, look at it, but -- but they hadn't gotten that far. I think, you know, his -- his -- his intent was to make sure infrastructurewise, public streetwise, that what we are doing will facilitate the possibility that he could construct that Montessori school and -- and we are not opposed to that and, like I said, I have worked with him, you know, trying to accommodate his needs. Thank you. De Weerd: And I certainly would -- would ask the property owner if he would like to weigh in, since the question was specific to your property. McEwen: William McEwen. The Montessori school is approximately right here. I apologize. I don't remember Becky asking me for a site plan right there, but Ada county does have one and so does the CDHC. But it's -- it's right in here and so as -- we will extend this road out, do a turnaround for the fire department, and we will have our school right here. Does that clarify it for you guys? That's the plan anyway. We are going through Ada county, obviously, with that. De Weerd: Okay. Thank you. Yes. You can't provide testimony from back there. You can come and -- and wrap up your remarks. McEwen: We are currently running a Montessori school, we are just running it out of our -- our of our current home and we are working on getting another building. De Weerd: Okay. Thank you. Yes , sir. Blake: Kent Blake and I live at 4920 West Cherry Lane. De Weerd: Thank you. Blake: So, my -- just one question. Was -- I see the -- the way the stub street comes through. Oops. Sorry. The stub -- the stub street that comes through where the sewer is to come down into these properties here -- De Weerd: Uh-huh. Blake: -- it looks like it would just come into my neighbor's property, but not into mine. Does -- how does that work? I would have to come through his property to access that in case I ever wanted to go to the city and have sewer service? De Weerd: Yeah. They stub it to the edge of their property and if redevelopment occurs that development would bring it to your own. Meridian City Council Meeting Agenda November 20, 2018 – Page 94 of 370 Meridian City Council November 7, 2018 Page 89 of 98 Blake: But if I were to develop or do something with my property before that, I would have no access to the sewer until the property next to me is developed the way that -- the way that stub street is, because it's right on the -- on the other side of the borderline. Does that make sense what I'm saying? Right -- De Weerd: I would need to have -- Blake: So, here the borderline -- De Weerd: -- staff answer that question. Clint. Dolsby: Could you point to your property? Blake: Okay. So, my -- my property is right here and I'm seeing the borderline is right there. Dolsby: Does it front Black Cat Road by any chance or is it -- Blake: Black Cat is over here. Dolsby: Yeah. I know. There is this -- this property right in there about where you are pointing that goes out to Black Cat. Like right there. Blake: That goes out to Black Cat? Dolsby: Yes. Blake: So, that's my property. Dolsby: So, if you front Black Cat Road there is sewer existing in Black Cat that you could tie into at any time. Blake: So, I can go that way or the other way? Dolsby: Yeah. Blake: Okay. Dolsby: Correct. Blake: Makes sense. Thank you. De Weerd: You are welcome. Bernt: Madam Mayor? Meridian City Council Meeting Agenda November 20, 2018 – Page 95 of 370 Meridian City Council November 7, 2018 Page 90 of 98 De Weerd: Mr. Bernt. Bernt: Mr. McEwen, did you say that -- that Ada county has a site plan that you have given them? McEwen: We are working with Ada county. I permitted -- I submitted a site plan to CDHC for the septic permit that we have just been approved for and we have been talking with Ada county and we are in the middle of having an architect draw it up for us right now. Bernt: So -- so, you do have a site plan that you have given to another stakeholder that's -- that you are working with? McEwen: Yes . Bernt: I guess I'm confused. Why -- why wouldn't you just give one to Becky? McEwen: I don't remember her asking me for one. I certainly would have sent one over there. I do have a scanner and a computer, I would have been more than happy to send it. It was not -- not an issue. Bernt: It would make our decision a little bit easier. We would have more information to make a better decision as to -- McEwen: And, Councilman Bernt, I am -- I am -- I don't remember her asking me for one. I certainly would have sent it over to her. She's been wonderful to work with. Bernt: Okay. McEwen: But I can tell you that it is approximately just north of the stub in street that's - - that's in there. Bernt: Okay. Thank you. McEwen: Okay. De Weerd: Becky, any other comment? Oh, how about a fire hydrant? McKay: Madam Mayor, Members of the Council, yeah, in my conversations with Mr. McEwen I asked him why he wasn't requesting annexation and development with the City of Meridian. De Weerd: I was actually kind of thinking the same thing myself. McKay: Because I made the comment to him on the phone that we will be stubbing sewer and water to him and, obviously, the city ordinance requires that you request annexation if you are contiguous in order to utilize those services. He indicated that it Meridian City Council Meeting Agenda November 20, 2018 – Page 96 of 370 Meridian City Council November 7, 2018 Page 91 of 98 was his desire not to annex into Meridian. However, he wants the benefit of the hydrant, but, you know, like I said, if fire safety is an issue, you know, I won't buck that. Obviously, you know, your staff will determine when we submit plans where those hydrants go. What we show on the preliminary plat is just conceptual in nature and just meets your standard 400 foot offset, but as far as that hydrant location, if that is appropriate, then, you know, we would not object to that. De Weerd: Yeah. I'm kind of surprised that Central District Health approved the septic permit right next to an annexed piece. Odd. Any questions for Becky? Thank you. McKay: Thank you. De Weerd: Council, any further questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on Item 8-I. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve H-2018-0079 as presented with including the waiver to -- from the tiling of the two canals. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 8-I. Any discussion from Council? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just to make sure that there is no confusion with anything, not requiring that any of the lots have to have single family -- or single level -- single family, but not single level homes. Meridian City Council Meeting Agenda November 20, 2018 – Page 97 of 370 Meridian City Council November 7, 2018 Page 92 of 98 De Weerd: Okay. Does second agree? Little Roberts: Yes. De Weerd: Okay. Any further discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. J. Community Development Mechanical Evolution Plan Discussion De Weerd: Item 8-J is under our Community Development Department. Freckleton: Good evening, Madam Mayor, Members of the Council. De Weerd: It's still evening. It's not morning yet. Freckleton: We have had a big day. Before I get started I just wanted to take a minute and just -- a couple of personal notes I wanted to throw out and I just wanted to -- first of all, I wanted to just express my sincere appreciation for today's event. The first annual all employee meeting. The feedback that I have received following that event was -- it's just amazing. I mean our employees are stoked about it. So, kudos to you. Kudos to the -- to the senior leadership team. There was a lot of planning, a lot went into that and I'm so glad you are here. De Weerd: I'm so glad you are here still. Freckleton: On a second note I just wanted to -- I wanted to just express my appreciation for your support -- your continuing support for our evolution in the Building Department and Community Development. So, we are making great headway. The hiring process is slow, but we have got a good team on board so far and we look forward to filling out their roster and getting to where we all have put the -- put the target and so we are having fun. It's exciting. De Weerd: I'm glad you're still having fun. Freckleton: I keep reminding myself of that, so -- De Weerd: I think you were listening today. Meridian City Council Meeting Agenda November 20, 2018 – Page 98 of 370 Meridian City Council November 7, 2018 Page 93 of 98 Freckleton: Where are we at, C.Jay? De Weerd: It looked familiar. I knew it wasn't a TI. Freckleton: That looks better. Okay. So, let's -- let's launch into this. So, this is the ground that we want to cover tonight in this presentation. I won't read these, but I will touch on each of these topics as we go along. So, the -- the vision and principle, you know, it's continuing based on the vision statement we have for the city. Our guiding principles. It's a new venture for the city. We are committed to building the best possible program we can and, again, you know, your support is so critical to that. Just a little bit of the history status of our mechanical program. You know, we have -- we have always historically contracted out these services for planner doing inspection services. As you know in 2013 we -- we conducted an RFQ and transitioned from a private company providing these services over to the public sector with the Idaho Division of Building Safety. On June 6th of this year IDBS delivered notice a termination for the mechanical plan review and inspection program due to upcoming demands in their program and not being able to handle Meridian's volume, as well as the new programs that they are doing. Since -- since that date our contracts did expire on September 30th. We did negotiate a short-term contract with them to take us out through the end of the calendar year. Through that negotiation they did reduce the number of inspections that they will perform for us. They set it at 50 mechanical inspections per day until the end of the year. However, with the progress that we are making getting this conversion done, they have expressed some willingness to work with us and so we have got a good partnership with them and they are -- they are at least willing to take a look at that. We immediately -- when we got the termination we started the process of doing an RFQ, again similar to what we did in building and electrical, we wanted to have a Plan B. We wanted to be able to have a safety net there. So, unfortunately, we did not get any responses for mechanical inspection. We got one respondent for our RFQ and their response was for the planning review portion of the -- of the task. We are working -- we have already worked up the master agreement and the task order for that contractor to provide the plan review services, we just need to get past this step tonight to get -- to get a budget approved, so that we can move forward. So, again, no RFQ response for mechanical inspection services. Therefore, we are in front of you for this budget amendment. We wanted to give you just a little bit of a snapshot here of our permit volume. There is three years' worth of volume. Kind of gives you an idea of how many per day our inspectors are dealing with. 2018, you know, we have had a -- we have had a very strong year. They are conducting about 51 per day. DBS has used five FTEs to serve Meridian in those three years. Our proposal right now as we stand is for one mechanical inspector supervisor and four mechanical inspectors. We have talked -- we have talked a little in the past about the organization as a whole in community development. So, this is a snapshot of our current state organizational chart for -- for our department. I'm calling this phase one community development reorder, because with this budget amendment we are proposing a couple of -- a couple of adjustments to Meridian City Council Meeting Agenda November 20, 2018 – Page 99 of 370 Meridian City Council November 7, 2018 Page 94 of 98 help take away some of this flatness we have in the organization in the level that this arrow is pointing to. The adjustments we are asking for are to take two -- we have two existing vacant positions that are funded and we want to enhance those positions and put them into supervisory roles, so that we can help get a little more vertical span of oversight in the department. So, the area, again, in this -- this slide you see these are all the individuals that are under the building official. He has direct oversight and responsibility for -- for them. With our proposed model it flattens out to four individuals. We have taken the permit technician staff, who not only serves Building, but they also serve the Land Development Division, Economic Development, as well as Planning. So, we have -- our vision is to create an administrative services supervisor that would, then, have oversight of the permit technicians, since they are more global in the department, as well as the existing admin two and an admin one that we have in the -- in the department and the customer support specialist that's -- that's right here as well. So, again, the budget amendment is for this position to add to what we already have approved for budget and, then, it's also to take our existing permit tech two position and enhance it to be a true supervisor. Right now the approved position for a permit tech two is a lead role and in a lead role they don't have -- they don't have -- they don't have hiring and firing role, they don't have -- they don't do performance evaluations. They are there for, you know, the guidance day to day. They are the person that you can go to -- to ask questions and that sort of thing. They are just a lead role. So, that is, again, phase one of the work. We do plan on coming back with a bigger look at the whole department to help take away some of the other areas where we have very flat oversight in the department. So, this slide -- just wanted to give you a snapshot of -- I took Todd Lavoie's projections -- this is the historical and the projected mechanical revenue and the blue line you see and as we have talked before, you know, Finance does project that we are going to have some sort of a turn down sometime 2019, 2020. That's a crystal ball thing. I wish we knew how deep that was going to go, whether it would be drastic or whether it's going to be more of just a market adjustment type of a taper off, but what I'm also showing on this graph is the dashed orange line is the expense that we have had with the Idaho Division of Building Safety up to where we currently are and, then, with our ongoing expense for FTEs, that's what you see in gray and so carry that on out, this is, as you know, a hybrid model. We are proposing to hire FTEs for the inspection services, but contract out the plan review. So, you know, we feel that the FTEs certainly are fairly static expense. The -- the expense for the contract for plan review, obviously, is going to fluctuate with the permit volume and so it kind of builds us a little bit of a buffer, because as things start tapering off their expense also drops and so that I think is -- is something that is going to help us in the long run. Last slide is just a summary of our budget amendment proposal. You see the ongoing and the one time expenses for FTEs and vehicles and technology and the total amount in the lower right corner for the full budget amendment. So, with that being said I will stand for any questions and I will ask for your approval of the following budget item -- or budget amendment agenda item. De Weerd: Thank you, Bruce. Council, any questions? Meridian City Council Meeting Agenda November 20, 2018 – Page 100 of 370 Meridian City Council November 7, 2018 Page 95 of 98 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one. Is the plan review that would be contracted out different than plan examiners? If I heard you right you said -- Freckleton: Did I use two different terminologies? Borton: Well, you indicated plan review would be contracted out. This org -- this org chart shows employees as doing plan examiners. Is that a different role? De Weerd: Well, it will be contracted out until we get employees in house, as I understand it. Freckleton: Correct. Borton: So -- Madam Mayor. So, when I look to the column to the right of the yellow where they are all described as assorted plans examiners -- Freckleton: Okay. So, the plans examiners in this chart that is building plans examiners, not the mechanical. Borton: Building and electrical. Freckleton: Yes . Borton: Okay. Freckleton: Yeah. And, then, what you see in yellow is the inspection crew. Borton: Right. Freckleton: The inspectors that we are asking for in the -- in the budget amendment. So, the plans examining for building and electrical, yes, it's different than -- it's a plan review that would be -- that we are currently contracting out under short-term contract for the mechanical. I hope that makes sense. It gets -- it gets kind of confused, so -- Borton: So -- Madam Mayor? Is it -- is it accurate to say that plan review for building and electrical will be in house or is in house now. Plan and review for mechanical is out of house, but will someday soon become in house as well and, then, be added to this org chart somewhere else? Freckleton: You are spot on. Borton: Okay. Meridian City Council Meeting Agenda November 20, 2018 – Page 101 of 370 Meridian City Council November 7, 2018 Page 96 of 98 Freckleton: The building and electrical are -- are in house. We are building that team now. Borton: Got you. Freckleton: We are supplementing -- as we were trying to fill the roster we are supplementing with -- coincidentally the same contractor that submitted for doing plan review for mechanical -- Borton: Okay. Freckleton: -- they are supplementing, but as we build our team and take off more of the load, we are sending less and less to them. So, we are going to phase them out for building electrical. Borton: Thanks. K. Community Development Mechanical Evolution Plan Budget Amendment Not to Exceed $727,108 De Weerd: Okay. Any other questions? Okay. Well, then, we will ask for any questions to Item 8-K, which is the Community Development Mechanical Evolution Plan Budget Amendment at a not to exceed. Any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve the Community Development Mechanical Evolution Plan Budget Amendment, not to exceed 727 hundred -- 727,108 dollars. Little Roberts: Second. De Weerd: Can you say that again. Bernt: Seven hundred and twenty-seven thousand -- 727 thousand -- De Weerd: Thank you. The second agrees with that? If there is no discussion, Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. Meridian City Council Meeting Agenda November 20, 2018 – Page 102 of 370 Meridian City Council November 7, 2018 Page 97 of 98 De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Freckleton: Thank you very much. Item 9: Ordinances [Action Items] A. Ordinance No. 18-1764A: An Ordinance (H-2017-0104 – Movado Greens Subdivision) For The Re-Zone Of Two Parcels Of Land Located In The Nw ¼ Of The Ne ¼ Of Section 21, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From C -G (General Retail And Service Commercial) Zoning District To R-15 (Medium High Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: Thank you. Okay. Item 9-A is Ordinance 18-1764a. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1764a: An Ordinance file H-2017-0104, Movado Greens Subdivision, for the re-zone of two parcels of land located in the NW ¼ of the NE ¼ of Section 21, Township 3 North, Range 1 East, Boise meridian, City of Meridian, Ada county, Idaho; establishing and determining the land use zoning classification from C-G (General Retail and Service Commercial) Zoning District to R-15 (Medium High Residential) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Seeing that there is no one who would like to see it -- hear it read in its entirety, I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve Ordinance 18-1764a with suspension of rules. Meridian City Council Meeting Agenda November 20, 2018 – Page 103 of 370 Meridian City Council November 7, 2018 Page 98 of 98 Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 10: Future Meeting Topics De Weerd: Anything under Item 10, future meeting topics? Okay. Just a heads up on the Veteran's Day ceremony that's on Sunday, November 11th at 11 :00 a.m. at the Rock of Honor and City Hall is closed on Monday, November 12th. Item 11 : Amended onto agenda: Executive Session per Idaho State Code 74- 206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need . De Weerd: With that I would entertain a motion to go into Executive Session. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: With great enthusiasm I move that we go into Executive Session pursuant to Idaho Code 74-206(1)(a). Palmer: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (11:16 p.m. to 11:25 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Meridian City Council Meeting Agenda November 20, 2018 – Page 104 of 370 Meridian City Council November 7, 2018 Page 99 of 98 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we come out of Executive Session. De Weerd: Do I have a second. Little Roberts: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we adjourn. Little Roberts: Second. De Weerd: I have a motion and a second to adjourn. All those in favor? MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 11:25 P.M. �ALtDTO RECOR G ON F LE OF THESE PROCEEDINGS) DATE APPROVED doe n, C nG ( r�side4 - ATTES Qo�P,�EO pUG US T C. J COLE CITY RK °i E IDl�"0 W `� J City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 5 Project File Number: Item Title: Future Meeting Topics- Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. Meeting Notes: Details and Signatures For Public Hearing Hearing Date: 11/7/2018 Hearing Type: Public Forum Active: Signature Name Discussion Topic Kara Lilya Unsafe school walk zone Hillsdale Elementary School Susan littlefield Summertown Igor osipchuk ISummertown subdivision Go Back To List Export To Excel © 2018 - City of Meridian, Idaho Sign In Date/Time 11/7/2018 5:52:06 PM 11/7/2018 5:56:56 PM 11/7/2018 5:58:13 PM City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 A Project File Number: Item Title: Approve Minutes of October 16, 2018 City Council Special Meeting Meeting Notes: Rf APPRUN'L"D I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of O ctober 16, 2018 City Council S pecial M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 10/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/31/2018 - 10:02 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 5 of 520 Meridian City Council Special Meeting Minutes October 16, 2018 ALL AYES. MOTION CARRIED. Into Executive Session at 5:03 pm Out of Executive Session at 6:00 pm Borton: Council, we are going to go ahead an come out of Executive Session if there is a motion to do so. Cavener: Mr. President, I move we adjourn the Executive Session. Milam: Second. Borton: It has been moved and seconded to come out of Executive Session. All those in favor? ALL AYES. MOTION CARRIED. Borton: Is there a motion to adjourn Cavener: I moved we adjourn our pre -council meeting Milam: Second. Borton: A motion and a second to adjourn. All in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:06 pm (AUDIO ON FILE OF THESE PROCEEDINGS) F-3NW2-1101T1 aI B] l TAMMY D RD, MAYOR ATTEST 11 / l / ;?)/� DATE APPROVED 2 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 B Project File Number: Item Title: Approve Minutes of October 16, 2018 City Council Regular Meeting Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.B . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of O ctober 16, 2018 City Council Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 10/29/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/29/2018 - 10:29 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 8 of 520 Meridian City Council October 6, 2018 Page 33 of 33 De Weerd: Mr. Borton. Borton: I would move to go into Executive Session pursuant to Idaho Code 74- 2016(1)(a) and (1)(d). Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (7:27 p.m. to 7:59 p.m.) De Weerd: Okay. I would entertain a motion to come out of Executive Session. Cavener: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALLAYES. De Weerd: Do I have a motion to adjourn? Cavener: So moved. Milam: Second. De Weerd: All those in favor. All ayes. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:59 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) l 7 / )l k MAYOR Y DE WEERD DATE APPROVED Meridian City Council October 6, 2018 Page 34 of 33 ATTEST: C. JAY C LES, C CLERK D AVG\ S�. V 'y &�City Cty of w fEkIDIAN�. IDAHO �� SEAL �� City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 C Project File Number: Item Title: Approve Minutes of October 23, 2018 City Council Regular Meeting Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.C. Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of O ctober 23, 2018 City Council Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 10/29/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/29/2018 - 10:24 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 43 of 520 Meridian City Council October 23, 2018 Page 69 of 67 (AUDIO RE OF THESE PROCEEDINGS) MAYTA �% ERD DATE APPROVED ATTEST: // ,/ / C. JAY COLES, CLAY CLEF City of w E IDIAN�. 4 �OAHO SEAL/ City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 D Project File Number: Item Title: Baraya Subdivision No. 3 Pedestrian Pathway Easement Meeting Notes: C✓i APPR9tlEQ I TEM SHEET C ouncil Agenda I tem - 5.D. Presenter: Estimated Time f or P resentation: Title of I tem - B araya Subdivision No. 3 P edestrian P athway Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 10/25/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/25/2018 - 8:23 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 113 of 520 ADA COUNTY RECORDER Christopher D. Rich 2018-106876 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/08/2018 10:05 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name (Subdivision)� <J THIS AGREEMENT, made this tr day of i!Oyember 2018 , between CCC Lq'S U -C, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an 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 "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever, THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said 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 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 1 5 o f 5 2 0 GRANTEE: CITY OF MERIDIAN ED (Roof w Tammy de r May :�-WIDIAN�. 2 IDAHO SEAL Attest by C.My Coles, City Clerk STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on j 1 rT - f � (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, CHARLE MY Notary Signature DA COMMISSION 0673W My Commission Expires: NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/2882 Pedestrian Pathway Easement REV. 03/26/18 & t-oy q 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 1 7 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 1 8 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 1 9 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 2 0 o f 5 2 0 City Council Meeting Meeting Date: Agenda Item Number: 6 E Project File Number: November 7, 2018 Item Title: Blakeslee Commons Subdivision Pedestrian Pathway Easement Meeting Notes: Lei A-PPROWR I TEM SHEET C ouncil Agenda I tem - 5.E . Presenter: Estimated Time f or P resentation: Title of I tem - B lakeslee Commons S ubdivision Pedestrian Pathway E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 10/30/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/30/2018 - 9:04 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 121 of 520 Project Name (Subdivision): Blakeslee Commons I ADA COUNTY RECORDER Christopher D. Rich 2018-106877 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/08/2018 10:05 AM CITY OF MERIDIAN. IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this r1i" Y, day ofwve"Ifi 18, between BUNGALOWS MERIDIAN LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an 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 "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the lice 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 Path -way Easement REV. 03/26/18 then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN first GRANTOR: WHEREOF, the said Grantor has hereunto subscribed its signature the day and tlabove written. MERIDIAN LLC Ron Walsh,.Managing Member STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on September 20, 2018 by Ron Walsh on behalf of Bungalows Meridian LLC, in the following representative capacity: as Managing Member. (stamp) ,�aa�aneaeeeeetr aa'`�'�'� D • CD r*�i�d a� v Al, r. O ° n s ° ° a r °p C V soot a ,46i�21� eL V ary Signature My Commission Expires: '610,F11-7 Pedestrian Pathway Easement REV. 03/26/18 GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on -'I - � E (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. CHARLENE WAY O'h(UTM Lh!-L) COMMISSION 067390 Notary Signature NOTARY PUBLIC STATE OF IDAHO My Commission Expires: MY COMMISSION EXPIRES3/28/22 Pedestrian Pathway Easement REV. 03/26/18 3NaKeslee C.omrnrn5 1 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 2 5 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 2 6 o f 5 2 0 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 F Project File Number: Item Title: Caven Ridge Estates West No. 1 Pedestrian Pathway Easement Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.F. Presenter: Estimated Time f or P resentation: Title of I tem - C aven Ridge E states West No. 1 Pedestrian Pathway E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 10/29/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/29/2018 - 4:47 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 127 of 520 Proiect Name (Subdivision): ADA COUNTY RECORDER Christopher D. Rich 2018-106878 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/08/2018 10:06 AM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this day of 20 , between j1e?41tm eb_, 7-V hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal eorporation, hereinafter referred to as "Grantee' WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an 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 "A" and depicted on Exhibit "B attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said 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 November 7, 2018— Page 128 of 520 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 2 9 o f 5 2 0 GRANTEE: CITY OF MERIDIAN ED Vo � `p ( IIV or w Tammy W erd, Mayor E IDIANo -1 IDAHO m� SEAL A st by C. Coles, City Clerk �R0the TREPSV�� STATE OF IDAHO, ss. County of Ada ) This record was acknowledged before me on -rl A (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. dko— — g. S - -� — — — 0,41a if o&u -b CHARL NE WAY Notary Signature COMMISSION #67390 My Commission Expires:s NOTARY PUBLIC STATE OF MY COMMISSION EXDPIR S 3/28/22 Pedestrian Pathway Easement REV. 03/26/18 CavertW%te vek� lzevr+ 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 3 1 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 3 2 o f 5 2 0 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 G Project File Number: Item Title: Movado Subdivision No. 4 Sewer and Water Main Easement Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.G. Presenter: Estimated Time f or P resentation: Title of I tem - M ovado S ubdivision No. 4 Sewer & Water M ain Easement #1 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 11/1/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/1/2018 - 9:58 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 133 of 520 i ADA COUNTY RECORDER Christopher D. Rich 2018-106879 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/08/2018 10:06 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name (Subdivision): MOVADO NO 4 Sanitary Sewer & Water Main Easement Number: I Identify this Easement by sequential number if Project contains more than one easement of this type. ( see Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this a `t day of ©& " , 201 1; between�id "X 64-1 LGA ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE 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 Meridian City Council Meeting Agenda November 7, 2018— Page 134 of 520 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 3 5 o f 5 2 0 GRANTEE: CITY OF MERIDIAN Tammy d , ' ee(d, Mayor AttFt by C.Jay oles, City Cleric IaPTEDgUG LS Cit T / W E IDIAN IDAHD SEAL STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on P) (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. ••�.nnnn�JSIVN 067390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES — 01Notary Signature ��`k- 1 U , My Commission Expires: 3-aB -aoa a Sanitary Sewer and Water Main Easement REV. 03/26/2018 rr'�p vrxd0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 3 7 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 3 8 o f 5 2 0 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 H Project File Number: Item Title: Pathways Agreement (Master Pathway Update) Meeting Notes: Between the Nampa & Meridian Irrigation District and the City of Meridian Regarding Caven Ridge West #1 9 APPROHO I TEM SHEET C ouncil Agenda I tem - 5.H. Presenter: Kim Warren, M P R P athways Project M anager Estimated Time f or P resentation: 1 minute Title of I tem - Pathways Agreement (M aster P athways Update) Between the Nampa & M eridian Irrigation District and the C ity of M eridian Regarding Caven Ridge West #1 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate NMI D Pathways A greement - Caven Ridge West #1 A greements / C ontracts 10/31/2018 RE V I E WE RS : Department Reviewer Action D ate P arks and Recreation J ohnson, Chris Approved 10/31/2018 - 9:43 A M P arks and Recreation B aird, Ted Approved 10/31/2018 - 11:45 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 139 of 520 ADA COUNTY RECORDER Christopher D Rich 201$-110947 BOISE IDAHO Pgs=7 DAN RYALLS 11121/2018 09:46 AM NAMPA & MERIDIAN IRR DIST NO FEE 1111111111 III 111111111111111111111111111111111111 00667311201801109470070072 AGREEMENT AGREEMENT, made and entered into this day of , 2018, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS, the City is the owner of the real property easement / right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS,the District controlsthe irrigation/drainage ditch orcanal known asthe RIDENBAUGH CANAL (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof; and, AGREEMENT -Page I WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's easement for the Ridenbaugh Canal under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and ofthe covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. The City may construct, operate, maintain and repair a 10 foot wide pathway within the District's real property and/or easement for the Ridenbaugh Canal on the south side of the Ridenbaugh Canal in Caven Ridge Estates West No. 1 Subdivision, located southeast of the intersection of Victory Road and Meridian Road in Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. ATTEST: Its Secretary AGREEMENT - Page 2 NAMPA & MERIDIAN IRRIGATION DISTRICT 13y � r Its President %N 0 �' f 4L THE CITY OF MERIDIAN By ATTEST: E IDIAN Z= SEAL W% STATE OF IDAHO ) ss: County of Canyon ) On this %) day of NNW%V1 , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Clinton C. Pline and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. CHANES GRANT COMMISSION #63457 NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO } ss: County of Ada ) _: otary Public for Id o Residing at — , Idaho My Commission Expires:�r}t ?U On this d:t day of ytm trey- , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared C ' and 4 ,known to me to be the and , respectively, of The CITY OF MERIDIAN, the entity tha xecuted the foregoing instru nt and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3128%12 AGREEMENT - Page 3 cavetl zx*kj Z — Lauau Notary Public for Residing at ' , My Commission Expires: -a$-'a0a 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 4 3 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 4 4 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 4 5 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 1 4 6 o f 5 2 0 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 61 Project File Number: H-2018-0103 Item Title: Findings of Fact, Conclusions of Law for Calderwood Business Park Meeting Notes: by ALC Architecture, Located at the SE Corner of S. Meridian Rd. and E. Calderwood Dr. I TEM SHEET C ouncil Agenda I tem - 5.I . Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusion of L aw for C alderwood Business Park (H-2018- 0103) by AL C Architecture, L ocated at the S E C orner of S. M eridian Rd. and E. C alderwood D r. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 11/1/2018 E xhibit A E xhibit 11/1/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/1/2018 - 2:39 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 147 of 520 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0103 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Calderwood Business Park to allow for minor vehicle repair and to modify certain other provisions of the development agreement, by Jeff Likes, ALC Architecture. Case No(s). H-2018-0103 For the City Council Hearing Date of: October 16, 2018 (Findings on November 7, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 16, 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 November 7, 2018 – Page 148 of 520 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0103 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 16, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the Development Agreement is hereby approved per the provisions in the Staff Report for the hearing date of October 16, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 16, 2018 Meridian City Council Meeting Agenda November 7, 2018 – Page 149 of 520 By action of the City Council at its regular meeting held on the day of I V V Pi , 2018. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED \A-6 COUNCIL MEMBER TY PALMER VOTED *6� t COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tam t^eerd Attest: 01y or w x E IDIAN�. C.J Coles City Clerk �2r'� SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 1_ 1- S City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0103 -3- CaLder0occi Exhibit A Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 16, 2018 TO: City Council FROM: Josh Beach, Associate City Planner 208-489-0578 SUBJECT: H-2018-0103 Calderwood Business Park MDA PROPERTY LOCATION: Southeast corner of S. Meridian Road and E. Calderwood Drive, in the NW ¼ of Section 19, T.3N., R.1E. I. PROJECT DESCRIPTION Request for a modification to an existing development agreement to allow for minor vehicle repair uses on the subject property. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 4.08 Future Land Use Designation MDR (Medium Density Residential) Existing Land Use Retail, Office, Vacant Proposed Land Use(s) Retail and Office and Minor Vehicle Repair Current Zoning C-G and L-O Proposed Zoning C-G and L-O Physical Features (waterways, hazards, flood plain, hillside) None History (previous approvals) RZ-04-009, PP-04-023, CUP-04-025, FP-04-067, RZ-15-002, MCU-15-001 and VAC-15-002 Meridian City Council Meeting Agenda November 7, 2018 – Page 151 of 520 Page 2 B. Project Area Maps Zoning Map Aerial Map III. APPLICANT INFORMATION A. Applicant: Jeff Likes, ALC Architecture 1119 E. State #120 Eagle, ID 83616 B. Owner: GGR, LLC PO Box 2579 Eagle, ID 83616 C. Representative: Jeff Likes, ALC Architecture IV. NOTICING A. Newspaper notification published on: September 28, 2018 B. Radius notice mailed to properties within 300 feet on: September 21, 2018 C. Applicant posted notice on site on: October 5, 2018 D. Next door posting: September 25, 2018 E. Neighborhood meeting date and number of attendees: June 18, 2018; 7 attendees V. STAFF ANALYSIS The applicant wishes to modify the original development agreement to allow for minor vehicle repair within the development. With the current DA (Instrument # 2015-043235), the Council approved a conceptual development plan and specifically disallowed several uses that would otherwise be allowed within the C-G and L-O zoning districts. Minor Vehicle Repair was one of the uses specifically prohibited within the development due to the close proximity of residential uses. The previously approved concept plan depicts three office pads, three commercial pads and one drive- through pad. The drive-through pad has since developed as a Dutch Bros coffee kiosk. The concept plan is not being modified as part of this application, however, the applicant wants to be allowed to have minor vehicle repair allowed within the development agreement. The original DA limits the uses in the development because of the proximity to sensitive residential areas such as the residential care facility further to the east. Staff is of the opinion that the C-G portion of the development is far enough (approximately 193 feet) from the care facility that allowing Meridian City Council Meeting Agenda November 7, 2018 – Page 152 of 520 Page 3 the remainder of the previously prohibited uses will not adversely impact the residential areas surrounding the development. In addition to the 193 foot distance between the two uses, there is also a drive aisle, two five foot landscape buffers, several buildings and a public street between them. Admittedly, there is a residential property that abuts the south side of the proposed minor vehicle repair use, but the overhead doors will face north, and the applicant is required to install a 25 foot landscape buffer to the south, so any sound impacts should be minimal. The proposal to change the previously prohibited uses a permitted only applies to the C-G zoning designation. The previously prohibited uses would remain as prohibited in the L-O zoning designation. Allowing minor vehicle repair within the development would still require the applicant to obtain a certificate of zoning compliance and administrative design review approvals, both administrative- level applications, prior to obtaining a building permit. Lastly, there was a property boundary adjustment (PBA) application submitted to modify the parcel boundaries within the plat (A-2018-0241). The PBA received tentative approval from the Planning division, however, staff has become aware that a common lot was inadvertently included in a larger parcel. The final plat for Larkspur Subdivision No. 1 lists Lot 5, Block 1 as a common lot. In order for the lot to be included in the larger commercial lot, the applicant will be required to receive approval of a final plat modification to remove that lot as a required common lot for the subdivision. VI. DECISION A. Staff: Staff recommends approval of the proposed development agreement modification application as shown in Section VIII. B. Council: The Meridian City Council heard this item on October 16, 2018. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Richard Wilmot (Applicant’s Representative); Bill Green Jr. (Applicant) ii. In opposition: None iii. Commenting: Richard Wilmot, Bill Green Jr. iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff Recommendation i. Modify condition 5.1E as follows: Development of the subject property shall comply with the C-G and L-O dimensional standards listed in UDC 11-2B-2. The following uses shall not be allowed within the L-O zoning district portion of the development: except for the following uses which are prohibited: drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility, vehicle washing facility, fuel sales facility, outdoor recreation facility and vehicle sales and rentals. ii. Remove condition 5.1M Meridian City Council Meeting Agenda November 7, 2018 – Page 153 of 520 Page 4 VII. EXHIBITS A. Legal Description & Exhibit Map Meridian City Council Meeting Agenda November 7, 2018 – Page 154 of 520 Page 5 Meridian City Council Meeting Agenda November 7, 2018 – Page 155 of 520 Page 6 Meridian City Council Meeting Agenda November 7, 2018 – Page 156 of 520 Page 7 VIII. STAFF RECOMMENDED CHANGES TO THE DEVELOPMENT AGREEMENT 5. PLANNING DIVISION 5.1 Owner/Developer shall develop the property in accordance with the following special conditions: E. Development of the subject property shall comply with the C-G and L-O dimensional standards listed in UDC 11-2B-2., The following uses shall not be allowed within the L-O zoning district portion of the development: except for the following uses which are prohibited: drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility, vehicle washing facility, fuel sales facility, outdoor recreation facility and vehicle sales and rentals. M. Prior to applying for a certificate of zoning compliance for any parcel within the new Lot 7, Block 1 as shown in Record Of Survey 11483, the applicant shall receive approval of a final plat modification to remove Lot 5, Block 1 as a common lot within the recorded plat for Larkspur Subdivision No. 1. 2. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=155576 3. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/156164/Page1.aspx Meridian City Council Meeting Agenda November 7, 2018 – Page 157 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 J Project File Number: H-2018-0066 Item Title: Findings of Fact, Conclusions of Law for Costco Wholesale Store Meeting Notes: by Costco Wholesale, Located at the SW corner of W. Chinden Blvd./SH-20/26 and N. Ten Mile Rd. u-✓ I TEM SHEET C ouncil Agenda I tem - 5.J . Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusion of L aw for C ostco Wholesale S tore (H-2018-0066) by C ostco Wholesale, L ocated at the S W corner of W. C hinden Blvd./S H-20/26 and N. Ten M ile Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 10/31/2018 E xhibit A E xhibit 10/31/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/1/2018 - 7:56 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 158 of 520 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0066 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Costco Wholesale to Include Conceptual Building Elevations for the Future Building, by Peter Kahn, Costco Wholesale. Case No(s). H-2018-0066 For the City Council Hearing Date of: October 16, 2018 (Findings on November 7, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 16, 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 November 7, 2018 – Page 159 of 520 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0066 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 16, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the Development Agreement is hereby approved per the provisions in the Staff Report for the hearing date of October 16, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 16, 2018 Meridian City Council Meeting Agenda November 7, 2018 – Page 160 of 520 By action of the City Council at its regular meeting held on the 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 y de Weerd dayof IJ()Ver b VOTED VOTED VOTED VOTED VOTED VOTED VOTED Attest: �o ,\ _ ''0 C(.11y ()f w 'Vl E IDIAN IDAHO C.Ja oles SEAL City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:Ck)ad—LICUDated: l City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0066 CO&C.0 - 3 - Costco -MDA H-2018-0066 1 STAFF REPORT HEARING DATE: July 24, 2018 (Continued from: July 17, 2018) TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: Costco – MDA H-2018-0066 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Peter Kahn, Costco Wholesale, requests an amendment to the development agreement (MDA) provisions for Costco to include conceptual building elevations for the future structure. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard this item on July 17 and 24, and October 16, 2018. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Peter Kahn, Costco; Steve Bullock, MG2; Charlie Ekblad; ii. In opposition: Jane Albert, Rick Burke, Michael Battaglia, Denise LaFever, Jerry Stevenson iii. Commenting: Lori Swanson, Marty Schindler iv. Written testimony: Justin McMurdie, John Wright, Emily Piscione, Jane Albert, Tom Callison, Dinah Gallo v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Neighbors not in favor of the proposed design of the Costco building – would like design elements and colors consistent with residential character of the area; ii. Concern pertaining to lighting on the site and its effect on adjacent residential properties across N. Ten Mile Rd. c. Key Issues of Discussion by Council: i. Neighborhood involvement in the design of the future Costco building; ii. Kudos to Costco on working with the neighbors on the design of the proposed Costco building. d. Key Council Changes to Staff Recommendation i. Council approved the revised elevations shown at the hearing on October 16th. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0066 as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2018-0066 as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Meridian City Council Meeting Agenda November 7, 2018 – Page 162 of 520 Costco -MDA H-2018-0066 2 Continuance I move to continue File Number H-2018-0066 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 off the southwest corner of N. Ten Mile Road and W. Chinden Blvd./SH 20/26, in the northeast ¼ of Section 27, Township 4N., Range 1W. B. Owners: GFI – Meridian Investments II, LLC 74 East 500 South, Ste. 200 Bountiful, UT 84010 Brighton Investments, LLC 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 C. Applicant: Costco Wholesale 999 Lake Dr. Issaquah, WA 98027 D. Representative: Steve Bullock, MG2 1101 2nd Ave. Seattle, WA 98101 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 29, 2018 C. Radius notices mailed to properties within 300 feet on: June 22, 2018 D. Applicant posted notice on site by: July 13, 2018 VI. LAND USE A. Existing Land Use(s): This property consists of vacant/undeveloped land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single family homes, zoned RUT in Ada County and R-4 West: Vacant/undeveloped land, zoned R-15 South: Vacant/undeveloped land, zoned C-G & R-40 East: Vacant/undeveloped land, zoned C-G C. History of Previous Actions: The subject property was recently annexed into the City as part of the Lost Rapids project (H-2018-0004, Ordinance #18-1777). A development agreement was required as a Meridian City Council Meeting Agenda November 7, 2018 – Page 163 of 520 Costco -MDA H-2018-0066 3 provision of annexation but has not yet been approved by City Council and recorded. VII. ANALYSIS The applicant requests an amendment to the development agreement (DA) provisions for the Costco project to remove the requirement for conceptual building elevations to be submitted in the future for the Costco store and addition of a requirement for future development to substantially comply with the conceptual elevations submitted with this application included in Exhibit A.2. The conceptual elevations submitted with the annexation and zoning application were not approved by City Council. A provision of the development agreement (DA) requires the agreement to be amended to include conceptual building elevations for the Costco store as discussed at the hearing on April 3, 2018. The Applicant submitted several conceptual designs to the Mayor and City Council for review prior to submittal of this application. Based on comments received from the Mayor and City Council in regard to the building design (included in the application), the Applicant submitted the proposed concept elevations depicted in Exhibit A.2. Building materials are proposed to consist of split face CMU, stucco, ribbed metal paneling, steel trellis awnings, and glass entry and sectional doors; various colors of materials are used for interest and variety. The applicant is required to submit a Design Review application for final approval of the building elevations prior to submittal of a building permit to ensure compliance with the standards listed in the Architectural Standards Manual. If any of the standards cannot be met, a request for a design standard exception should be submitted as set forth in the ASM (pgs. A-4, A-5). Staff recommends approval of the applicant’s requested modification to the DA as proposed with the concept elevations in Exhibit A.2 and staff’s recommended changes to the provisions in Exhibit A.3. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Conceptual Building Elevations (REVISED) 3. Staff Recommended Changes to the Development Agreement Meridian City Council Meeting Agenda November 7, 2018 – Page 164 of 520 Costco -MDA H-2018-0066 4 Exhibit A.1: Vicinity/Zoning Map Site Meridian City Council Meeting Agenda November 7, 2018 – Page 165 of 520 Costco -MDA H-2018-0066 5 Exhibit A.2: Conceptual Building Elevations (REVISED) Meridian City Council Meeting Agenda November 7, 2018 – Page 166 of 520 Costco -MDA H-2018-0066 6 Meridian City Council Meeting Agenda November 7, 2018 – Page 167 of 520 Costco -MDA H-2018-0066 7 Meridian City Council Meeting Agenda November 7, 2018 – Page 168 of 520 Costco -MDA H-2018-0066 8 Meridian City Council Meeting Agenda November 7, 2018 – Page 169 of 520 Costco -MDA H-2018-0066 9 Meridian City Council Meeting Agenda November 7, 2018 – Page 170 of 520 Costco -MDA H-2018-0066 10 Meridian City Council Meeting Agenda November 7, 2018 – Page 171 of 520 Costco -MDA H-2018-0066 11 Exhibit A.3: Staff Recommended Changes to the Development Agreement 1. Future development of this site shall substantially comply with the conceptual development plan, preliminary plat and landscape plan and conceptual building elevations included in Exhibit A and the conditions contained herein. 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 3. Up to two (2) building permits for the Costco Wholesale and associated fuel sales facility structures are allowed to be issued on the subject property prior to recordation of the subdivision plat. 4. Prior to issuance of any building permits on this site, a property boundary adjustment application shall be approved and a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the boundary of the preliminary plat. 5. The street buffer landscaping and 10-foot wide multi-use pathway/sidewalk along the entire frontage of US 20-26/Chinden Blvd. and street buffer landscaping and 5-foot wide sidewalk along the entire frontage of N. Ten Mile Road shall be constructed with the first phase of development. 6. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4. 7. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the commercial portion of the development to the residential uses as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-9C. 8. As committed to by the Applicant/Developer in response to neighborhood concerns, the following restrictions shall apply: a. The primary service access for Costco delivery trucks and other local vendors shall be from the driveway access via N. Ten Mile Road, approximately 660 feet north of W. Lost Rapids Drive. The driveway access via W. Lost Rapids Drive driveway, approximately 350 feet west of N. Ten Mile Road, may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. Businesses within the development shall notify their delivery providers of this access preference. b. A “no thru truck traffic” sign shall be installed between the N. Tree Farm Way intersection and the W. Lost Rapids Dr. service driveway access. c. No deliveries shall take place for Costco between the hours of 10:00 pm and 5:00 am. d. Parking lot lighting shall be designed for 0.0 foot-candles at the property line in accord with UDC 11- 3A-11C. e. Lighting on the site shall be reduced to the level necessary only for public safety and security purposes within one (1) hour of closing; there shall be a 50% reduction in lighting levels after store closes consistent with that shown in Exhibit A.8. 9. Prior to issuance of the first Certificate of Occupancy within this development, the following improvements shall be completed: SH 20-26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder (1.5 miles); N. Ten Mile Rd. shall be widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr. 10. If within two (2) years of issuance of the Certificate of Occupancy for the Costco Wholesale building, assuming the Idaho Transportation Department is able to secure the required right-of-way, SH 20-26/W. Chinden Blvd. shall be widened to four (4) lanes from N. Tree Farm Way to SH-16 (1.44 miles). Meridian City Council Meeting Agenda November 7, 2018 – Page 172 of 520 Costco -MDA H-2018-0066 12 11. This agreement shall be amended in the future to include conceptual building elevations for the Costco store as discussed at the hearing on April 3, 2018. The conceptual elevations included in Exhibit A.7 of the staff report are not approved. Meridian City Council Meeting Agenda November 7, 2018 – Page 173 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 K Project File Number: H-2018-0085 Item Title: Findings of Fact, Conclusions of Law for Verado West Meeting Notes: West (H-2018-0085) by DevCo Development, LLC, Located at 3090 N. Locust Grove Rd. u✓ I TEM SHEET C ouncil Agenda I tem - 5.K . Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusion of L aw for Verado West (H-2018-0085) by D ev Co D evelopment, L L C, L ocated at 3090 N. L ocust Grove Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 10/30/2018 E xhibit A E xhibit 10/30/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/30/2018 - 3:45 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 174 of 520 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreement for Verado Subdivision to Include the Subject Property in the Agreement; Annexation and Zoning of 19.44 Acres of Land with an R-15 Zoning District; and Preliminary Plat Consisting of 132 Building Lots and 18 Common Lots on 17.35 Acres of Land for Verado West Subdivision, by DevCo Development, LLC. Case No(s). H-2018-0085 For the City Council Hearing Date of: October 23, 2018 (Findings on November 7, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 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 November 7, 2018 – Page 175 of 520 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 23, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the development agreement, annexation and zoning, and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 23, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. Meridian City Council Meeting Agenda November 7, 2018 – Page 176 of 520 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 3 - A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 23, 2018 Meridian City Council Meeting Agenda November 7, 2018 – Page 177 of 520 By action of the City Council at its regular meeting held on the 71 � day of N 0' 'Mb P 2018. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL, MEMBER TREG BERNT VOTED_ COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: C.Ja oles City Clerk C2� Mayor de Weerd /Vv , _ 'm ity or w C>► E IDIAN . - IDAHO SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 11-1-18 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 4 - Verado Wear Verado West – MDA AZ PP H-2018-0085 PAGE 1 STAFF REPORT Hearing Date: October 23, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Verado West – MDA, AZ & PP (H-2018-0085) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo Development, LLC, has submitted applications for the following: Modification to the existing development agreement for Verado Subdivision to include the subject property in the agreement; Annexation & zoning of 19.44 acres of land with an R-15 zoning district; and, Preliminary Plat consisting of 132 building lots and 18 common lots on 17.35 acres of land in an R-15 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Commission is not required to make a recommendation on the MDA application; City Council is the decision making body on this application. The Meridian Planning & Zoning Commission heard these items on September 20, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger, Conger Management Group (Applicant’s Representative); Will Dilmore ii. In opposition: Michael Simpson, Megan Izzo iii. Commenting: Chris Catherman, Paul Nielson, Chuck Catherman iv. Written testimony: Conger Management Group, Applicant’s Representative v. Staff presenting application: Sonya Allen, Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern pertaining to the routing of the lateral through this site and possible flooding to downstream users; ii. Need for an access via Locust Grove Rd. or Ustick Rd. to help disperse traffic – concern that traffic volumes will be too high going through existing neighborhoods; iii. Not enough transition in lot sizes along southern boundary of development; iv. Desire for single-story homes to be constructed instead of 2-story along the southern boundary of the development; v. Opinion that proposed density is too high, no personality or uniqueness to the proposed homes, eaves that don’t go all the way back, homes too close together (i.e. 3’ side setbacks too narrow). EXHIBIT A Meridian City Council Meeting Agenda November 7, 2018 – Page 179 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 2 c. Key Issues of Discussion by Commission: i. The Applicant’s request to pipe the South Slough that crosses the southeast corner of the site (Note: After the Commission hearing, a letter was received from NMID stating the South Slough was renamed to the Finch Lateral in 1994; as such, it’s not considered to be a creek/natural waterway that is required to be left open by UDC 11-3A-6); ii. Applicant’s proposal for units to be owner occupied, not rental units; iii. Which units/elevations will have eaves and which won’t (concept elevations all show eaves – no elevations were submitted for those without eaves); iv. Concern there isn’t sufficient parking provided on the site, specifically for guests; v. Location of open space at entry of development as opposed to further to the west in a more central location within the development as recommended by Staff; vi. Concern that an access via E. Ustick Rd. or N. Locust Grove Rd. is needed for the development so that traffic isn’t being funneled through adjacent neighborhoods (ACHD estimates 1,246 trips per day generated from this development). d. Commission Change(s) to Staff Recommendation: i. Modification to condition #1.1.1C to require single-level homes along the southern boundary of the development. ii. Applicant should modify the proposed development plan as recommended by Staff per condition #1.1.6 prior to the City Council hearing. e. Outstanding Issue(s) for City Council: i. Staff deleted condition #1.1.5 pertaining to the South Slough per NMID’s letter discussed above in #c.i. The Meridian City Council heard these items on October 23, 2018. At the public hearing, the Council approved the subject MDA, AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Will Dilmore, Chris Catherman, Chuck Catherman, Paul Nielsen, Andrew Newland, Richard Jeske, Paula Barrett ii. In opposition: None iii. Commenting: Brian Abbott iv. Written testimony: Bill Cassinelli, Chuck & Christine Catherman, Evan & Anna Lynn Frasure, Kimberly Porter v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Commitment by the Applicant that all homes on the street side at the ends of blocks will have eaves; ii. Concern pertaining to traffic flow through adjacent neighborhoods generated by the development with no direct access via Locust Grove Rd. or E. Ustick Rd.; iii. Preference for the South Slough/Finch Lateral to remain open and not be piped due to the wildlife habitat. c. Key Issues of Discussion by Council: i. The Applicant’s request to construct the street buffers along Locust Grove & Ustick Rds. in the second phase with the second phase of development rather than with the first phase as recommended by Staff; ii. Concern pertaining to the lack of variation in home types and building setbacks; iii. Relocation of the interior common area further to the west to be more central to the development as recommended by Staff; iv. The needed diversity in housing types that this product provides; Meridian City Council Meeting Agenda November 7, 2018 – Page 180 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 3 v. In favor of eaves all the way around the homes; vi. In favor of common maintenance throughout the development; d. Key Council Changes to Staff/Commission Recommendation i. Modify DA provision #5.1e to allow the street buffer along Locust Grove and Ustick Roads to be constructed with the phase of development in which it lies, rather than with the first phase of development; ii. Modify DA provision #5.1c to require minimum 1-foot wide fire rated eaves to be constructed on all four sides of structures within the development; iii. Include a new DA provision requiring CC&R’s to be recorded that require the HOA to be responsible for all landscape maintenance for each lot within the development (see provision #5.1h). iv. Delete condition #1.1.6 that requires an updated qualified open space exhibit to be provided with relocation of the common area to be more central to the development. An updated plan was submitted and Council did not require the common area to be relocated. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0085, as presented in the staff report for the hearing date of October 23, 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-2018-0085, as presented during the hearing on October 23, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0085 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southeast corner of N. Locust Grove Rd. and E. Ustick Rd. at 3090 N. Locust Grove Rd., in the NW ¼ of Section 5, Township 3 North, Range 1 East. B. Owner(s): Brinegar Investments, L.P. 1590 N. Locust Grove Rd. Meridian, ID 83642 C. Applicant: DevCo Development, LLC 4824 W. Fairview Ave. Boise, ID 83706 D. Representative: Laren Bailey, DevCo Development, LLC 4824 W. Fairview Ave. Boise, ID 83706 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. Meridian City Council Meeting Agenda November 7, 2018 – Page 181 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 4 V. PROCESS FACTS A. The subject application is for a development agreement modification, annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on the annexation and zoning and preliminary plat applications; a public hearing is only required before the City Council on the development agreement application, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 31, 2018 (Commission); October 5, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: August 24, 2018 (Commission); October 2, 2018 (City Council) D. Applicant posted notice on site(s) on: September 10, 2018 (Commission); October 12, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of rural residential/agricultural use, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: E. Ustick Rd. and single-family residential, zoned R-4 West: Single-family residential, zoned R-8 South: Single-family residential, zoned R-8 East: Rural residential, zoned RUT in Ada County; and future single-family residential, zoned R- 15 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the project area, currently exist in the adjacent stub streets to the south and east. 2. Location of water: Domestic water mains intended to provide service to the project area, currently exist in the adjacent stub streets to the south and east 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The South Slough runs across the southeast corner of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). Meridian City Council Meeting Agenda November 7, 2018 – Page 182 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 5 The applicant proposes to develop this 17.35 acre site with 132 single-family residential detached and attached homes at a gross density of 7.6 dwelling units per acre (d.u./acre) and a net density of 12.32 units/acre consistent with the MDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density development with single-family detached and attached homes will contribute to the variety of housing types in this area. Staff is unaware of how “affordable” the homes will be. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots with development of the site in accord with UDC 11-3A-21. “Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities.” (3.05.02F) The proposed subdivision does not provide adequate transition in lot sizes to existing residential lots along the southern boundary of the development [i.e. 3 lots (or portions thereof) are proposed to every single (1) lot to the south]. “Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” (5.01.01E) The South Slough runs across the southeast corner of this site and should remain open and be protected during construction. “Require common area in all subdivisions.” (3.07.02F) Because this site is over 5 acres in size, the UDC (11-3G-3) requires a minimum of 10% qualified open space to be provided within the development. The applicant is proposing 1.73 acres (or 10%) of qualified open space within the development (see Exhibit A.4). Because this property is being combined with the previous phase of the Verado development, staff believes additional open space should be required beyond the minimum of the 10 percent(see analysis below). “Encourage infill development.” (3.04.02B) The proposed infill project is surrounded by City annexed land developed with single-family residential uses except for the small County parcel at the northeast corner of the site. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of existing and future stub streets at the south and east boundaries of the site. “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Meridian City Council Meeting Agenda November 7, 2018 – Page 183 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 6 Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The Pathways Master Plan depicts a segment of the City’s multi-use pathway system adjacent to the South Slough at the southeast corner of the site; a multi-use pathway is proposed accordingly. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated (UDC 11-2A-1). B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached and attached dwellings are principally permitted uses in the R-15 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11- 3B-7C, Street Buffer Landscaping; and, 11-3G-3E, common open space areas. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family detached and attached dwellings. F. Structure and Site Design Standards: Development of the attached dwellings within this development must comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Development Agreement (DA) Modification: The applicant proposes to modify the existing development agreement (Inst. #2016-119079) for Verado Subdivision to include the subject property in the agreement. The first two phases of Verado Subdivision exist to the east of the proposed development as shown on the map below. A legal description and exhibit map will need to be submitted that incorporates the overall Verado development. The existing DA provisions are included in Exhibit A.6; staff has proposed modifications in strike-out/underline format to accommodate the provisions associated Verado West subdivision. Meridian City Council Meeting Agenda November 7, 2018 – Page 184 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 7 2. Annexation & Zoning The applicant has applied for annexation and zoning of 19.44 acres of land with an R-15 zoning district. The proposed gross density of 7.6 dwelling units per acre is consistent with the MDR FLUM designation as discussed above in Section VII. The Applicant states the R-15 zoning district is requested specifically for the 3 foot side yard setback and not for an increase in density. The legal descriptions submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. 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. Because there is an existing DA for the first two phases of the Verado development to the east (highlighted in green above) that the Applicant requests to amend with this application to include the subject property in the agreement, staff does not recommend a separate DA is required for the proposed annexation. 3. Preliminary Plat The proposed preliminary plat consists of 132 building lots and 18 common lots on 17.35 acres of land in a proposed R-15 zoning district. The subdivision is proposed to develop in two phases starting at the east end of the property. The minimum property size of the proposed building lots is 3,081 square feet (s.f.) with an average lot size of 3,573 s.f. Several of the lots in the southwest corner (Lots 52-54, Block 1) abut E. Kamay Court right-of way. Per UDC 11-6C-3A.1 through properties are prohibited except where it is shown that unusual conditions make it impossible to meet this requirement. Because this street is not proposed or required to be extended with this development, staff believes that there is an unusual circumstance. Prior to City signature on a final plat, the applicant shall include a note on the final plat that designates Lots 52-54, Block 1 (or any configuration of lots that abuts Kamay ROW) to take access from E. Stormy Drive. NOTE: As noted below, staff is requiring the applicant to provide transitional lots sizes Meridian City Council Meeting Agenda November 7, 2018 – Page 185 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 8 along the south boundary. If Commission supports the transition recommended by staff this would reduce the number of through lots. A mix of single-family detached and attached homes, but mostly attached, are proposed along the north and west boundaries of the site adjacent to Ustick & Locust Grove Roads; single- family detached homes are proposed internal to the development. Black Rock Homes is proposed to be the builder of homes within the proposed development and is proposing to construct homes from their Urban Collection; this design was used in Solterra, Sovi, Verado Estates (to the east), and Movado Greens developments. The internal detached homes are proposed to be 2-story and range in size from 1,377 to 1,850 square feet; the attached homes will be single-level and are designed to serve mature “empty nesters.” The detached homes proposed adjacent to arterial streets (i.e. Ustick and Locust Grove Roads) are also proposed to be a single-story in height. Transition in Lot Sizes to Existing Residential Lots: The proposed subdivision does not provide adequate transition in lot sizes to existing residential lots along the southern boundary of the development [i.e. 3 lots (or portions thereof) are proposed to every single (1) lot to the south]. Staff recommends more comparable lot sizes are proposed to existing lots along the southern boundary of the development; the plat should be revised accordingly. NOTE: During the project review meeting, several concerns were raised with the number of narrow lots and the impacts that it has to on-street parking (lessened due to the number of driveways in close proximity). In addition, narrow lots limits the variation in housing types and limits the homes being constructed on the lots from having varied step backs in building setbacks within the development to articulate and break up the front wall planes of structures visible from interior streets (all homes are constructed at the same setback with a garage dominated design that diminishes community character). The applicant is requesting that this development be combined with the previous phases to construct much of the same housing types. The Commission should determine if more variation in lot sizes is needed in this area to provide more housing diversity throughout the entire Verado development. Existing Structures: There are several existing structures on the site that are proposed to be removed. Removal of these structures should take place prior to signature on the final plat by the City Engineer for the phase in which they are located. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3B and 11-2A-7 for the R-15 district; and the subdivision design and improvement standards listed in UDC 11-6C-3. The maximum block face length allowed in residential districts is 750 feet without an intersecting street or alley. Where a pedestrian connection is provided, the maximum block face may extend up to 1,000 feet in length. The proposed block lengths comply with UDC standards. Traffic Impact Study (TIS): A TIS was not required by ACHD to be provided for this development. However, a traffic impact analysis was received from Daniel Thompson, Thompson Engineers, Inc., summarizing the traffic impact for the proposed subdivision based on information provided from the Applicant. Based on the information contained in the analysis, it’s the opinion of the traffic engineer that this development will not have a significant impact on the collector and local streets in the two subdivisions southeast of the intersection of Locust Grove and Ustick Roads. See complete letter in project file for more information. Meridian City Council Meeting Agenda November 7, 2018 – Page 186 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 9 Streets: All streets within this development are proposed to be public. North Chantilly Ave., an existing stub street at the south boundary of this site is proposed to be extended. There is another existing stub street (i.e. E. Kamay Ct.) that exists approximately 240 feet to the west that is not proposed or required to be extended with this development. Note: On-street parking will be diminished due to the number of driveways in close proximity of one another. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3 unless otherwise waived by City Council. No public street access is proposed to adjacent arterial streets (i.e. Locust Grove & Ustick); all access is provided through Verado Subdivision to the east and Chamberlain Estates Subdivision to the south. Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D. Common driveways are proposed on Lots 6, 39 and 51, Block 1. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures on lots accessed via the common driveway. If Lots 5, 40 and 52, Block 1 aren’t proposed to take access via the common driveway, the driveway on those lots should be located on the opposite site of the shared property line with the common driveway. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment; a copy of said agreement shall be submitted to the Planning Division prior to City Engineer signature on the final plat. Lot 51, Block 1 abuts a common lot approved with the Chamberlain Estates Subdivision (Lot 32, Block 2). This common lot also provides a pedestrian access to Locust Grove Road. Staff recommends that the applicant provide a pedestrian connection through Lot 51, Block 1 that connects to the common lot in Chamberlain Estates Subdivision for pedestrian interconnectivity between the two (2) developments. Parking: Off-street parking is required to be provided for single-family detached and attached homes as set forth in UDC Table 11-3C-6. Landscaping: Landscaping is required to be provided in the proposed development as set forth in UDC 11-3B-7C and 11-3G-3E. A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25-foot wide buffer is required adjacent to N. Locust Grove Rd. and E. Ustick Rd., both arterial streets, as set forth in UDC Table 11-2A-7. A 4- to 5-foot tall berm on top of a retaining wall with a 6-foot tall vinyl fence is proposed with the street buffer which will screen the adjacent single-story homes from the street. Landscaping is required along all pathways as set forth in UDC 11-3B-12C. Open Space/Site Amenities: Single-family developments over 5 acres in size in residential districts are required to comply with minimum open space and site amenity requirements as set forth in UDC 11-3G-3. Based on the residential area (17.35 acres), a minimum of 10% (or 1.74 acres) qualified open space and one (1) qualified site amenity is required to be provided within the development. The applicant proposes a total of 10% (or 1.73 acres) of qualified open space consisting of internal common area, landscaping along a micro-path, and half of the street buffers along adjacent arterial streets (i.e. Ustick & Locust Grove Rds.) in accord with UDC standards as shown in Exhibit A.4. Meridian City Council Meeting Agenda November 7, 2018 – Page 187 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 10 While the proposed open space meets the minimum standards in the UDC, it’s not ideal as the common area is located clear at the east end at the entrance of the development; staff recommends it’s relocated further to the west to be more central to the development and more accessible to all residents. Further, due to the small lot sizes proposed within this development, staff recommends a minimum of an additional 8,000+/- square feet (or 0.18 of an acre) of common area is provided. This could be achieved by switching the locations (i.e. configuration) of Blocks 3 and 4 or 5 and losing two building lots resulting in a “through” common area. Note: The eligible open space depicted on the plat is incorrect. Qualified site amenities for the proposed development consist of a segment of the City’s multi-use pathway system along the southeast corner of the site adjacent to the South Slough and a 6,500+/- square foot dog park with seating areas in accord with UDC standards. Staff recommends an additional qualified site amenity is provided for this development such as a gazebo/covered picnic area with picnic tables or sports courts (or other comparable amenity). Parkways: No parkways are proposed in this development. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on the site up to an amount of 100% replacement as set forth in UDC 11-3B-10C.5. Prior to removal of any trees on the site, the Applicant should contact the City Arborist, Elroy Huff (208-371-1755) to determine mitigation requirements. Mitigation information should be included on the landscape plan in accord with UDC 11-3B-10C.5. Pathways: Per the Pathways Master Plan, a segment of the City’s 10-foot wide multi-use pathway system is planned along the north side of the South Slough at the southeast corner of this site. A public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway. The easement should be submitted prior to City Engineer signature on the final plat for the phase in which it is located. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17; detached sidewalks are required along all arterial streets and attached (or detached) sidewalks are required along local streets. Attached sidewalks exist along N. Locust Grove Rd. and along a portion of E. Ustick Rd.; detached sidewalk was constructed along the east portion of Ustick Rd.; because this is a fairly new sidewalk, staff does not recommend the attached portions are replaced with detached sidewalks. However, new sidewalk should be constructed where the curb cut for the existing home is located that is required to be removed with development. Where the existing sidewalk along Ustick Rd. is detached from the curb and gravel exists in the parkway, the gravel should be replaced with landscaping in accord with the standards listed in UDC 11-3B-7C. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision in accord with UDC 11-3A-15. Meridian City Council Meeting Agenda November 7, 2018 – Page 188 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 11 Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Waterways: The UDC (11-3A-6) requires natural waterways intersecting, crossing, or lying within the area being developed to remain as a natural amenity and not be piped or otherwise covered. The South Slough crosses the southeast corner of this site and is a natural waterway; as such, it is required to be protected during construction and remain open as a natural amenity and not be piped or otherwise covered. Smaller irrigation ditches that cross the site are required to be piped. The applicant is proposing to pipe the portion of the South Slough that crosses this site; in accord with UDC 11-3A-6, this waterway shall remain open and not be piped. An easement for the waterway should be depicted on the plat. Floodplain: This site is not within the floodplain. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Fencing along natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director and/or Public Works Director. Side yard fences that follow the side yard property line shall only be allowed where the side setback is 5 feet or greater. A 6-foot tall vinyl private fence is proposed around the perimeter of the development except for around the common area proposed at the southeast corner of the site where there is existing fencing that is proposed to remain. A small section of 6-foot tall black vinyl coated chainlink fence is proposed along the south boundary of the site adjacent to the South Slough where there is not existing fencing. A 5-foot tall wrought iron fence is proposed around the dog park (i.e. small dog area) and around the common area on Lot 1, Block 3. Building Elevations: The applicant has submitted two (2) conceptual building elevations for the proposed single-family detached homes depicting a mix of horizontal and vertical siding with stone/brick veneer accents as materials; and one (1) conceptual building elevation for the proposed single-family attached residential dwellings depicting horizontal siding with stone/brick veneer accents. The single-family attached units are required to comply with the design standards listed in the Architectural Standards Manual. Design Review: Administrative design review is required for all attached single-family homes. The design of the attached dwellings should be consistent with standards in the Architectural Standards Manual. In summary, Staff recommends approval of the proposed development agreement modification, annexation and preliminary plat requests for this site with the modified development agreement provisions and conditions listed in Exhibit A. 6 and Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Preliminary Plat & Phasing Plan (dated: 6/29/18, Revised 10/8/18) 3. Proposed Landscape Plan (dated: 7/18/18, Revised 10/11/18) 4. Qualified Open Space Exhibit for Verado West (REVISED) AND Exhibit Depicting Open Meridian City Council Meeting Agenda November 7, 2018 – Page 189 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 12 Space for the Entire Verado Development 5. Conceptual Building Elevations 6. Proposed Changes to Development Agreement B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda November 7, 2018 – Page 190 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 13 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda November 7, 2018 – Page 191 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 14 Exhibit A.2: Preliminary Plat & Phasing Plan (dated: 6/29/18, Revised 10/8/18) Meridian City Council Meeting Agenda November 7, 2018 – Page 192 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 15 Exhibit A.3: Proposed Landscape Plan (dated: 7/18/18, Revised 10/11/18) Meridian City Council Meeting Agenda November 7, 2018 – Page 193 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 16 Meridian City Council Meeting Agenda November 7, 2018 – Page 194 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 17 Exhibit A.4: Qualified Open Space Exhibit for Verado West (REVISED) AND Exhibit Depicting Open Space for the Entire Verado Development Meridian City Council Meeting Agenda November 7, 2018 – Page 195 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 18 Exhibit A.5: Conceptual Building Elevations Note: All structures are required to have 1-foot wide (fire rated) eaves on ALL sides. Meridian City Council Meeting Agenda November 7, 2018 – Page 196 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 19 Exhibit A.6: Proposed Changes to Development Agreement 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Except the public street access to E. Ustick Road, direct lot access to E. Ustick Road and N. Locust Grove Road, an arterial streets, is prohibited in accord with UDC 11-3A-3. [Staff proposed modification] b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4 of the Staff Report for Verado Subdivision in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B. Future homes in Phases 1 and 2 adjacent to E. Ustick Road (Lots 2-10, Block 1, and Lots 2-10, Block 2) shall incorporate a mix of materials, windows and decorative trim, and two variations in the roof lines to provide articulation and modulation to the side and rear facades that face the arterial street. c. The applicant shall comply with the submitted home elevations attached in Exhibit A.5 (including the requirement for construction of 1-foot wide fire rated eaves on all four sides) of the Staff Report for Verado West Subdivision in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B. [Staff proposed modification] d. As a natural waterway, tThe applicant shall obtain a waiver from City Council to UDC 11- 3A-6A in order for the South Slough to shall remain open and not be piped as set forth in UDC 11-3A-6B due to the large capacity of the facility. If a waiver is not obtained, the waterway is required to be piped. [Staff proposed modification] e. The landscape buffers along E. Ustick Road must be constructed with the first phase of development of Verado Subdivision. The landscape buffers along E. Ustick Road and N. Locust Grove Road in Verado West Subdivision shall be constructed with the first phase of development in which they lie of Verado West Subdivision. [Staff proposed modification] f. The developer shall provide the amenities in the overall Verado & Verado West Subdivisions within the central common area on Lot 8, Block 3, a segment of the City’s multi-use recreational pathway and pathways through internal common areas as proposed on the landscape plans in Exhibits A.3 of the Staff Reports in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B, and in accord with the qualified site amenity requirements listed in UDC 11-3G-3C. [Staff proposed modification] g. Structures along adjacent arterial streets (i.e. E. Ustick Rd. and N. Locust Grove Rd.) are restricted to a single-story in height as proposed by the Developer, except for the following lots: Lots 9, 14, 18, 24, 31, 34, 42, 45, 50, Block 1. h. The developer shall record CC&R’s that require the HOA to be responsible for landscape maintenance of each of the lots within the Verado West development; a copy shall be Meridian City Council Meeting Agenda November 7, 2018 – Page 197 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 20 submitted to the Planning Division with the final plat application(s). AN AMENDED LEGAL DESCRIPTION IS REQUIRED TO BE SUBMITTED TO INCLUDE THE ANNEXATION AREA IN THE OVERALL DEVELOPMENT BOUNDARY SUBJECT TO THIS AGREEMENT Meridian City Council Meeting Agenda November 7, 2018 – Page 198 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 21 EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 6/29/18, is approved subject to the following changes: a. The “eligible open space” depicted in the Site Data table is incorrect; revise accordingly consistent with the qualified open space standards listed in UDC 11-3G-3. b. Graphically depict the Irrigation District’s easement for the South Slough/Finch Lateral. c. The proposed subdivision does not provide adequate transition in lot sizes to existing residential lots along the southern boundary of the development [i.e. 3 lots (or portions thereof) are proposed to every single (1) lot to the south]. Staff recommends more comparable lot sizes are proposed to existing lots along the southern boundary of the development; the plat shall be revised accordingly. Homes along the southern boundary of the development shall be limited to a single-story in height; lots shall be reconfigured accordingly. d. Prior to City signature on a final plat, the applicant shall include a note on the final plat that designates Lots 52-54, Block 1 (or any configuration of lots that abuts Kamay ROW) to take access from E. Stormy Drive and restrict access to E. Kamay Ct in accord with UDC 11-6C- 3A.1. e. Lot 51, Block 1 abuts a common lot approved with the Chamberlain Estates Subdivision (Lot 32, Block 2). The applicant shall incorporate a 5-foot wide pedestrian pathway through Lot 51, Block 1 that directly connects to the common lot (Lot 32, Block 2) in Chamberlain Estates Subdivision for pedestrian interconnectivity between the two (2) developments. 1.1.2 The landscape plan included in Exhibit A.3, dated: 7/18/18, is approved subject to the following changes: a. Prior to removal of any trees on the site, the Applicant should contact the City Arborist, Elroy Huff (208-371-1755) to determine mitigation requirements; mitigation information shall be included on the plan in accord with UDC 11-3B-10C.5. b. The “eligible open space” depicted in the Development Data is incorrect; revise accordingly consistent with the qualified open space standards listed in UDC 11-3G-3. c. The curb cut for the existing home on Locust Grove Rd. shall be removed and sidewalk shall be extended in this area. d. Where the sidewalk is detached from the curb along E. Ustick Rd. and gravel exists in the parkway, the gravel shall be replaced with landscaping in accord with the standards listed in UDC 11 -3B-7C. 1.1.3 Common driveways are required to comply with the standards listed in UDC 11-6C-3D including, but not limited to the following: a. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures on lots accessed via the common driveway. b. If Lots 5, 40, and 52, Block 1 aren’t using the abutting common driveways for access, the driveways on those lots shall be located on the opposite site of the shared property line with the common driveway; include the driveway location on the exhibit required above. c. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment; a copy of said agreement shall be submitted to the Planning Division prior to City Engineer signature on the final plat. Meridian City Council Meeting Agenda November 7, 2018 – Page 199 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 22 1.1.4 Side yard fences that follow the side yard property line shall only be allowed where the side setback is 5 feet or greater per UDC 11-3A-7C.5. 1.1.5 The South Slough is a natural waterway and as such, shall remain open and not be piped as set forth in UDC 11-3A-6. 1.1.6 A minimum of 11% (or 1.91 acres) of qualified open space is required to be provided within the development. An updated plan shall be submitted to the Planning Division prior to the public hearing before the Commission City Council that depicts the minimum open space required and relocation of common area more central to the development as discussed in Section IX.3. 1.1.7 At a minimum, a 6,500+/- square foot small dog park with seating areas, a segment of the City’s multi- use pathway system and a gazebo/covered picnic area with picnic tables or sports courts (or other comparable amenity) shall be provided as amenities within the development in accord with UDC 11-3G- 3C. The Applicant committed to providing a shade structure at the Commission hearing. 1.1.8 Provide traffic calming near the intersection of E. Ringneck St. and N. Summerfield Way to slow traffic where the micro-path is proposed. 1.1.9 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-6C and 11-3A-7. 1.1.10 Removal of existing structures on the site shall take place prior to signature on the final plat by the City Engineer for the phase in which they are located. 1.1.11 A public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway on this site. The easement shall be submitted prior to City Engineer signature on the final plat for the phase in which it is located. 1.1.12 Because the rear and/or sides of 2-story homes constructed on lots that abut N. Locust Grove Rd. and E. Ustick Rd., both arterial streets, will be highly visible, these elevations should incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the adjacent public street. Single- story structures are exempt from this requirement. 1.1.13 A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division for approval prior to submittal of building permits applications for all single-family attached structures on the site. All attached structures shall comply with the standards listed in the Architectural Standards Manual. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Table 11-2A-7. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. Meridian City Council Meeting Agenda November 7, 2018 – Page 200 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 23 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda November 7, 2018 – Page 201 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 24 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included with each final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Sanitary sewer and water mainline shall be designed within public right-of-ways. Service lines shall be extended into the shared driveway locations. Water meters shall be located at the right-of-way line. 2.1.3 Any existing sanitary sewer or water services that won’t be used as part of this development, will need to be abandoned per the Meridian Public Works Department’s Standards. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. Meridian City Council Meeting Agenda November 7, 2018 – Page 202 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 25 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash 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 Meridian City Council Meeting Agenda November 7, 2018 – Page 203 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 26 file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT Meridian City Council Meeting Agenda November 7, 2018 – Page 204 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 27 4. FIRE DEPARTMENT Fire Department Summary of Report: 1. Service Delivery Travel time from nearest fire station (level of service expectation = 5 minutes) This development is 1:00 minute from the nearest fire station (under ideal conditions). If approved, the Fire Department can meet the response time requirements. 2. Resource reliability Current reliability of closest fire station (expectation should be 85% or greater) This development is closest to Fire Station #4. Current reliability is 80% from this station and does not meets the targeted goal of 85% or greater. 3. Risk Identification Risk Factor (1=residential, 2=residential with hazards, 3=commercial, 4=commercial with hazards, 5=industrial) This proposed commercial development has a risk factor of 1, in which current resources would be adequate to supply service to this propose project. 4. Resources available Water Supply (list expectations) Water supply for this proposed development requires 1000 gallons per minute for one hour for up to 3,600 square foot residence. (Approximate – see appendix B of the 2015 International Fire Code) 5. Accessibility Roadway Access, traffic This project meets all required road widths and turnarounds. The subdivision will be limited to 30 building lots until a second access point is built. 6. Specialty needs a. Aerial device needed for development (more than 30’ in height)? i. If yes, is one available within a 10 minute travel time This proposed development will not require an aerial device. The closest truck company is 6 minutes travel time (in ideal conditions) to the proposed development, and therefore the Fire Department can meet this need in the required timeframe if a truck company is required. b. Other specialty needs (water rescue, hazmat, and technical rescue)? i. If yes, is one available within a 5 minute travel time? There are no specialty needs at this time. 7. Other Comments Project specific comments are listed below. Meridian City Council Meeting Agenda November 7, 2018 – Page 205 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 28 ***All IFC code sections per 2015 IFC or as noted*** RESOURCE AVAILABILITY - Fire Flow and Water Supply: 1. Fire Flow: One and two family dwellings not exceeding 3,600 square feet require a fire- flow of 1,000 gallons per minute for a duration of 1 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 2. Water Supply: Final Approval of the fire hydrant locations shall be by the Meridian Fire Department or their designee in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. 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. ACCESSIBILITY - Fire Department Roadways, Access and Addressing: 3. Roadways: In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. Cul-D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking Fire Lane” per International Fire Code Sections 503.3 & D103.6. 4. Roadways: All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 5. Roadways: All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 80,000 GVW, per International Fire Code Section 503.2. 6. Roadways: 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 “No Parking Fire Lane” per International Fire Code Sections 503.3 & D103.6. 7. Roadways: To increase emergency access to the site a minimum of two points of access Meridian City Council Meeting Agenda November 7, 2018 – Page 206 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 29 will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide an additional stub street to the property. 8. Roadways: Buildings over 30’ in height are required to have access roads 26’ in width minimum in accordance with the International Fire Code Appendix D Section D105. 9. Roadways: The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on- street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The roadway shall be able to accommodate an imposed load of 80,000 GVW as set forth in International Fire Code Section 503.2.1 and D103.6.1 and D103.6.2. 10. Roadways: ALLEY – In all cases, right of ways shall be a minimum of 20’ in width. The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28’) inside and forty-eight foot (48’) outside turning radius. No parking shall be allowed on either side of the street. The minimum distance for alley accessed properties shall be 20’ from the face of a garage to the property line. (International Fire Code Section 503.4) 11. Roadways: 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 P r o t e c t i o n IFC 503.4.1. 12. Access: Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 13. Access: 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. 14. Access: Secondary emergency access routes shall be protected from illegal entry by a gate or collapsible bollards as set forth in IFC 503.5. An example would be the MaxiForce Collapsible bollards that is hydrant wrench activated or an approved equal. 15. Access: All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. SPECIALTY NEEDS/OTHER COMMENTS: Other Comments: Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 5. REPUBLIC SERVICES 5.1 No comments received from this service provider. Meridian City Council Meeting Agenda November 7, 2018 – Page 207 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 30 6. PARKS DEPARTMENT 1. The project developer shall design and construct a multi-use pathway consistent with the location and specifications set forth in the Meridian Pathways Master Plan (Chapter 3). Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager. 2. Prior to final approval, the applicant shall submit a public access easement for a multi-use pathway on the north side of the south slew, through subdivision common lot, to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. 3. Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi-use pathway(s) [described above] on the final plat. 4. Construct multi-use pathway per typical paving section(s) shown in the Meridian Pathways Master Plan Chapter 3. 5. The owner (or representative association) of the property affected by the public access easement shall have an ongoing obligation to maintain the multi-use pathway. 6. 6’ high open vision fencing shall be installed between pathways and (live) water irrigation canals and laterals as detailed in the Meridian Pathways Master Plan, Chapter 3, page 3-5. All other fence details per UDC 11-3A-7. 7. Prior to constructing any pathway within an existing irrigation district easement, the applicant shall first consult with the district having jurisdiction to obtain a License Agreement and/or other required approvals. 8. Should any discrepancy exist between City of Meridian pathway conditions of approval and the requirements of the irrigation district, the developer shall work with Pathways Project Manager to achieve a pathway design that meets both City and irrigation district objectives. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate right-of-way on Ustick Road to 2-feet behind the back of sidewalk, where it doesn’t already exist. 7.1.2 Dedicate right-of-way on Locust Grove Road abutting the site as follows: Dedicate 65-feet of right-of-way from centerline for the northernmost 100-feet of the site. The next 96-feet heading south should taper at an 8:1 ratio to 53-feet of right-of-way from centerline. The next 240-feet heading south should remain at 53-feet of right-of-way from centerline. The remainder of the site should taper down at a 50:1 ratio. 7.1.3 Replace any broken or deteriorated curb, gutter, or sidewalk on Ustick Road and Locust Grove Road abutting the site. 7.1.4 Construct Sharptail Street, Summermoon Avenue, Summerfield Way, Summerside Way and Chantilly Avenue as standard urban local streets, a 33-foot street section with rolled curb, gutter and 5-foot wide attached concrete sidewalk within 47-feet of right-of-way. 7.1.5 Construct Laugh Ridge Avenue, Ringneck Street, Stormy Drive and Summerbrook Avenue (shown in red) as reduced width local streets, a 27-foot street section, rolled curb, gutter and 5-foot wide attached concrete sidewalk within 41-feet of right-of-way. 7.1.6 Provide written fire department approval for use of the reduced width local street. Meridian City Council Meeting Agenda November 7, 2018 – Page 208 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 31 7.1.7 Install NO PARKING signs on the east side of Laugh Ridge Avenue, the nor th side of Ringneck Street, the south side of Stormy Drive and the west side of Summerbrook Avenue. 7.1.8 Close the existing driveways on Locust Grove Road with vertical curb, gutter and 7 -foot wide attached concrete sidewalk. 7.1.9 Construct bulb-outs at the intersection of Chantilly Avenue/Stormy Drive and Laugh Ridge Avenue/Sharptail Street. 7.1.10 Ustick Road is classified as a principal arterial roadway, Locust Grove Road is classified as a minor arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and shall be noted on the final plat. 7.1.11 Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 7.1.12 Payment of impact fees is due prior to issuance of a building permit. 7.1.13 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. Meridian City Council Meeting Agenda November 7, 2018 – Page 209 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 32 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 8. CENTRAL DISTRICT HEALTH DEPARTMENT Meridian City Council Meeting Agenda November 7, 2018 – Page 210 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 33 9. COMPASS Meridian City Council Meeting Agenda November 7, 2018 – Page 211 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 34 10. DEPARTMENT OF ENVIRONMENTAL QUALITY 1. Air Quality Please review IDAPA 58.01.01 for all rules on Air Quality, especially those regarding fugitive dust (58.01.01.651), trade waste burning (58.01.01.600-617), and odor control plans (58.01.01. 776). The property owner, developer, and their contractor(s) must ensure that reasonable controls to prevent fugitive dust from becoming airborne are utilized during all phases of construction activities per IDAPA 58.01.01.651. Per IDAPA 58.01.01.600-617, the open burning of any construction waste is prohibited. The property owner, developer , and their contractor(s) are responsible for ensuring no prohibited open burning occurs during construction. For questions, contact David Luff , Air Quality Manager, at 373-0550. 2. Wastewater and Recycled Water DEQ recommends verifying that there is adequate sewer to serve this project prior to approval. Please contact the sewer provider for a capacity statement, declining balance report, and willingness to serve this project. IDAPA 58.01.16 and IDAPA 58.01.17 are the sections of Idaho rules regarding wastewater and recycled water. Please review these rules to determine whether this or future projects will require DEQ approval. IDAPA 58.01.03 is the section of Idaho rules regarding subsurface disposal of wastewater . Please review this rule to determine whether this or future projects will require permitting by the district health department. All projects for construction or modification of wastewater systems require preconstruction approval. Recycled water projects and subsurface disposal projects require separate permits as well. DEQ recommends that projects be served by existing approved wastewater collection systems or a centralized community wastewater system whenever possible. Please contact DEQ to discuss potential for development of a community treatment system along with best management practices for communities to protect ground water . DEQ recommends that cities and counties develop and use a comprehensive land use management plan, which includes the impacts of present and future wastewater management in this area. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation . For questions , contact Todd Crutcher, Engineering Manager , at 373-0550. 3. Drinking Water DEQ recommends verifying that there is adequate water to serve this project prior to approval. Please contact the water provider for a capacity statement , declining balance report, and willingness to serve this project. IDAPA 58.01.08 is the section of Idaho rules regarding public drinking water systems. Please review these rules to determine whether this or future projects will require DEQ approval. Meridian City Council Meeting Agenda November 7, 2018 – Page 212 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 35 All projects for construction or modification of public drinking water systems require preconstruction approval. DEQ recommends verifying if the current and/or proposed drinking water system is a regulated public drinking water system (refer to the DEQ website at http://www .deg. idaho .qov/water -quality/drinking-water .aspx ) . For non-regulated systems , DEQ recommends annual testing for total coliform bacteria, nitrate, and nitrite. If any private wells will be included in this project, we recommend that they be tested for total coliform bacteria, nitrate, and nitrite prior to use and retested annually thereafter. DEQ recommends using an existing drinking water system whenever possible or construction of a new community drinking water system. Please contact DEQ to discuss this project and to explore options to both best serve the future residents of this development and provide for protection of ground water resources . DEQ recommends cities and counties develop and use a comprehensive land use management plan which addresses the present and future needs of this area for adequate , safe, and sustainable drinking water. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation. For questions, contact Todd Crutcher, Engineering Manager at 373-0550. 4. Surface Water A DEQ short-term activity exemption (STAE) from this office is required if the project will involve de-watering of ground water during excavation and discharge back into surface water, including a description of the water treatment from this process to prevent excessive sediment and turbidity from entering surface water. Please contact DEQ to determine whether this project will require a National Pollution Discharge Elimination System (NPDES) Permit. If this project disturbs more than one acre, a stormwater permit from EPA may be required. If this project is near a source of surface water, DEQ requests that projects incorporate construction best management practices (BMPs) to assist in the protection of Idaho's water resources . Additionally , please contact DEQ to identify BMP alternatives and to determine whether this project is in an area with Total Maximum Daily Load stormwater permit conditions . The Idaho Stream Channel Protection Act requires a permit for most stream channel alterations . Please contact the Idaho Department of Water Resources (IDWR), Western Regional Office, at 2735 Airport Way, Boise, or call 208-334-2190 for more information . Information is also available on the IDWR website at: http:llwww .idwr .idaho.gov/WaterManaqement!StreamsDams!Streams/AiterationPermit!AiterationPermit .htm The Federal Clean Water Act requires a permit for filling or dredging in waters of the United States. Please contact the US Army Corps of Engineers , Boise Field Office, at 10095 Emerald Street, Boise, or call 208-345-2155 for more information regarding permits . For questions , contact Lance Holloway , Surface Water Manager , at 373-0550. Meridian City Council Meeting Agenda November 7, 2018 – Page 213 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 36 5. Hazardous Waste And Ground Water Contamination Hazardous Waste. The types and number of requirements that must be complied with under the federal Resource Conservations and Recovery Act (RCRA) and the Idaho Rules and Standards for Hazardous Waste (IDAPA 58.01.05) are based on the quantity and type of waste generated. Every business in Idaho is required to track the volume of waste generated , determine whether each type of waste is hazardous , and ensure that all wastes are properly disposed of according to federal, state, and local requirements. No trash or other solid waste shall be buried, burned , or otherwise disposed of at the project site. These disposal methods are regulated by various state regulations including Idaho 's Solid Waste Management Regulations and Standards , Rules and Regulations for Hazardous Waste, and Rules and Regulations for the Prevention of Air Pollution . Water Quality Standards. Site activities must comply with the Idaho Water Quality Standards (IDAPA 58.01.02) regarding hazardous and deleterious-materials storage, disposal, or accumulation adjacent to or in the immediate vicinity of state waters (IDAPA 58.01.02.800); and the cleanup and reporting of oil-filled electrical equipment (IDAPA 58.01.02.849); hazardous materials (IDAPA 58.01.02.850); and used -oil and petroleum releases (IDAPA 58.01.02.851 and 852). Petroleum releases must be reported to DEQ in accordance with IDAPA 58.01.02.851.01 and 04. Hazardous material releases to state waters, or to land such that there is likelihood that it will enter state waters , must be reported to DEQ in accordance with IDAPA 58.01.02.850. Ground Water Contamination. DEQ requests that this project comply with Idaho's Ground Water Quality Rules (IDAPA 58.01.11), which states that "No person shall cause or allow the release , spilling, leaking , emission, discharge , escape, leaching , or disposal of a contaminant into the environment in a manner that causes a ground water quality standard to be exceeded, injures a beneficial use of ground water, or is not in accordance with a permit , consent order or applicable best management practice , best available method or best practical method ." For questions, contact Albert Crawshaw, Waste & Remediation Manager, at 373-0550. 6. Additional Notes If an underground storage tank (UST) or an aboveground storage tank (AST) is identified at the site, the site should be evaluated to determine whether the UST is regulated by DEQ. EPA regulates ASTs. UST and AST sites should be assessed to determine whether there is potential soil and ground water contamination. Please call DEQ at 373-0550, or visit the DEQ website (http://www.deq.idaho.gov/waste-mgmt- remediationlstorage-tanks.aspx) for assistance. If applicable to this project, DEQ recommends that BMPs be implemented for any of the following conditions: wash water from cleaning vehicles, fertilizers and pesticides, animal facilities, composted waste, and ponds. Please contact DEQ for more information on any of these conditions. We look forward to working with you in a proactive manner to address potential environmental impacts that may be within our regulatory authority. If you have any questions, please contact me, or any our technical staff at 208-373-0550. Meridian City Council Meeting Agenda November 7, 2018 – Page 214 of 520 Verado West – MDA AZ PP H-2018-0085 PAGE 37 11. IDAHO TRANSPORTATION DEPARTMENT Development Application H-2018-0085 MDA, AZ, PP Project Name VERADO WEST SUBDIVISION Project Location 3090 North Locust Grove Road , west of SH-55 milepost 38.89 Project Description Modification to the Development Agreement for Verado Subdivision to include the subject property in the agreement; an annexation and zoning of 19.44 acres of land with R-15 zoning and a preliminary plat consisting of 132 building lots and 18 common lots Applicant DevCo Development LLC The Idaho Transportation Department (ITD) reviewed the referenced development agreement modification, annexation, zoning, and preliminary applications and has the following comments: 1. This project does not abut the State highway system. 2. Due to the size and proximity of this development to SH-55, ITD requests documentation of trip generations for full site build-out and may require a Traffic Impact Study (TIS) . 3. The City is reminded that the SH-55 (Eagle Road) corridor is already congested . This project will increase the number of vehicle trips in the corridor. As the City continues to add additional trips to the corridor through development, the congestion will worsen until the roadway system is ultimately overloaded and fails. ITD has no current funding assigned to mitigate traffic congestion in the SH-55 (Eagle Road) corridor in this area . 4. Idaho Code 40-1910 does not allow advertising within the right-of-way of any State highway. 5. IDAPA 39.03.60 governs advertising along the State highway system. The applicant may contact Justin Pond, Program Manager for ITD's Headquarters Right-of-Way Section at (208) 334-8832 for more information. 6. ITD objects to the proposed application due to traffic concerns. ITD will withdraw any objection to the proposed application once all traffic concerns have been addressed with ITD Staff. If you have any questions, you may contact Tom Haynes at (208) 334-8944 or me at (208) 332-7190. Sincerely, Ken Couch Development Services Coordinator Ken.Couch@itd.idaho.gov Meridian City Council Meeting Agenda November 7, 2018 – Page 215 of 520 - 2 - C. Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda November 7, 2018 – Page 216 of 520 - 3 - Meridian City Council Meeting Agenda November 7, 2018 – Page 217 of 520 - 4 - D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex and zone 19.44 acres of land for the development of single-family attached and detached homes at a gross density of 7.6 7.38 units per acre which the City Council finds is consistent with the MDR FLUM designation in the Comprehensive Plan. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare based on testimony and discussion at the public hearing. City utilities will be extended at the expense of the developer. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing the subject 19.44 acre property is in the best interest of the City if the developer complies with the development agreement provisions and conditions of approval in this report. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in conformance with the Comprehensive plan if the site is developed in accord with the conditions of approval in Exhibit B. (Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information.) b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available and are adequate to serve the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) Meridian City Council Meeting Agenda November 7, 2018 – Page 218 of 520 - 5 - c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers in Exhibit B, the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare based on testimony provided at the public hearing. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that need to be preserved. Meridian City Council Meeting Agenda November 7, 2018 – Page 219 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 L Project File Number: H-2018-0111 Item Title: Final Order for Bainbridge Subdivision No. 9 Meeting Notes: by Brighton Investments, LLC, Located off the SW corner of N. Ten Mile Rd. and W. Lost Rapids Dr. G✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 5.L . Presenter: Estimated Time f or P resentation: Title of I tem - F inal Order for Bainbridge S ubdivision No. 9 (H-2018-0111) by Brighton Investments, L L C , Located off the S W corner of N. Ten M ile Rd. and W. L ost Rapids D r. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 10/31/2018 E xhibit A E xhibit 10/31/2018 E xhibit B E xhibit 10/31/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/1/2018 - 7:50 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 220 of 520 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 9 – FP H-2018-0111 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 23, 2108 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 55 BUILDING LOTS AND 8 COMMON LOTS ON 16.33 ACRES IN THE R-8 ZONING DISTRICT FOR BAINBRIDGE SUBDIVISION NO. 9 BY: BRIGHTON CORPORATION APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2018-0111 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on October 23, 2018 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING BAINBRIDGE SUBDIVISION NO. 9, LOCATED IN A PORTION OF THE EAST 1/2 OF THE NORTHEAST ¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE: 9/14/2018, by AARON L. BALLARD, PLS, SHEET 1 OF 5,” is Meridian City Council Meeting Agenda November 7, 2018 – Page 221 of 520 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 9 – FP H-2018-0111 Page 2 of 3 conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 23, 2018, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Kameron Nauahi, Brighton Corporation, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Meridian City Council Meeting Agenda November 7, 2018 – Page 222 of 520 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the "I-Vh day of IV oy'tmber- , 2018. Attest: i C y Coles City Clerk Y: Tammy de rdr �J � CityMeridian /oma VT\ v ' s � E „I c Ily ',r w C-� DIAN!6- -4 IDAHO SEAL o� Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 9 — FP H-2018-0111 I Page 3 of 3 Bainbridge Subdivision No. 9 – FP H-2018-0111 1 STAFF REPORT MEETING DATE: October 23, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bainbridge Subdivision No. 9 – FP (H-2018-0111) I. APPLICATION SUMMARY The applicant, Brighton Corporation, has applied for final plat (FP) approval of 55 building lots and 8 common lots on 16.33 acres of land in the R-8 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Bainbridge Subdivision No. 9 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0111 as presented in the staff report for the hearing date of October 23, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0111, as presented during the hearing on October 23, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0111 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 off the southwest corner of N. Ten Mile Rd. and W. Lost Rapids Dr., in the northeast ¼ of Section 27, T. 4N., R. 1W. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 C. Owner: Same as Applicant EXHIBIT A Meridian City Council Meeting Agenda November 7, 2018 – Page 224 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 2 D. Representative: Kameron Nauahi, Brighton Development, Inc. 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts 55 building lots and 8 common lots on 16.33 acres of land in the R-8 zoning district. The minimum property size in this phase is 5,940 square feet (s.f.) with an average size of 7,837 s.f. This is the final phase of development of the Bainbridge Subdivision preliminary plat, which includes lots in the Trilogy Subdivision preliminary plat (i.e. Bainbridge Connection final plat) that were acquired by the Applicant. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-13-011) as required by UDC 11-6B-3D.2. The proposed number of buildable lots is the same and the amount of qualified open space has increased in this phase from that shown on the approved preliminary plat. Overall, to date, there are two (2) fewer building lots and an increase in common area that have been included in final plats than was approved with the overall preliminary plat and a remaining area of approximately 5 acres that is yet to be included in a final plat. Because additional lots are needed beyond the number approved with the preliminary plat, a new preliminary plat is required to be submitted for the remaining area. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-05-001, Development Agreement #109061598), conditional use permit (CUP-05-002), preliminary plat (PP-13-011), easement modification (H-2016-0115) and time extension (TE-06-001, TE-07-013, TE-09-014; TE-10-029; TE-13-002) applications approved for this site. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on the previous phase final plat in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 9/14/18 by Aaron L. Ballard, shall be revised as follows: a. Note #14: Include recorded instrument number. b. Note #16: Include recorded instrument number. c. Include the recorded instrument number for the ACHD permanent easement graphically depicted on Lot 8, Block 27. d. Include the recorded instrument number for the temporary ACHD easement graphically depicted on the unplatted land that is not a part of this plat. e. If an easement exists for a waterway along the southern boundary of the site, depict the easement accordingly. 5. The landscape plan prepared by KM Engineering, dated 9/12/18, is approved as submitted. 6. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. Meridian City Council Meeting Agenda November 7, 2018 – Page 225 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 3 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be su bdivided in accordance with the UDC. 9. The street light plan submitted as part of the development plans, appears to meet city requirements based on a preliminary review. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan Meridian City Council Meeting Agenda November 7, 2018 – Page 226 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 4 approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. Th e easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Meridian City Council Meeting Agenda November 7, 2018 – Page 227 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 5 Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity/Zoning Map B. Preliminary Plat (dated: 4/30/13) C. Proposed Final Plat (dated: 9/14/18) D. Proposed Landscape Plan (dated: 9/12/18) E. Common Driveway Exhibit Meridian City Council Meeting Agenda November 7, 2018 – Page 228 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 6 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda November 7, 2018 – Page 229 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 7 Exhibit B – Preliminary Plat (dated: 8/10/17) Meridian City Council Meeting Agenda November 7, 2018 – Page 230 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 8 Exhibit C – Proposed Final Plat (dated: 9/14/18) Meridian City Council Meeting Agenda November 7, 2018 – Page 231 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 9 Meridian City Council Meeting Agenda November 7, 2018 – Page 232 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 10 Exhibit D – Proposed Landscape Plan (dated: 9/12/18) Meridian City Council Meeting Agenda November 7, 2018 – Page 233 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 11 Meridian City Council Meeting Agenda November 7, 2018 – Page 234 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 12 Meridian City Council Meeting Agenda November 7, 2018 – Page 235 of 520 Bainbridge Subdivision No. 9 – FP H-2018-0111 13 E. Common Driveway Exhibit Meridian City Council Meeting Agenda November 7, 2018 – Page 236 of 520 From:Kameron Nauahi To:Sonya Allen ; City Clerk Cc:Jon Wardle; Mike Wardle; Bill Parsons Subject:RE: Bainbridge Sub. 9 FP H-2018-0111 Staff Report for 10/23 Council Mtg Date:Thursday, October 18, 2018 3:10:34 PM Attachments:image006.png Bainbridge Sub 9 - FP H-2018-0111 Staff Report.pdf All, We have reviewed the attached staff report and analysis for Bainbridge Subdivision No. 9, and agree with the conditions. We request that this item be placed on City Council consent agenda for October 23 rd . Thank you, Kameron Nauahi | Assistant Project Manager BRIGHTON CORPORATION 12601 W. Explorer, Suite 200 | Boise, ID 83713Direct 208.287.0504 | Cell 208.830.3629 From: Sonya Allen <sallen@meridiancity.org> Sent: Thursday, October 18, 2018 2:57 PM To: Kameron Nauahi <knauahi@brightoncorp.com>; City Clerk <CityClerk@meridiancity.org> Cc: Jon Wardle <jwardle@brightoncorp.com>; Mike Wardle <mwardle@brightoncorp.com>; Bill Parsons <bparsons@meridiancity.org> Subject: Bainbridge Sub. 9 FP H-2018-0111 Staff Report for 10/23 Council Mtg Attached is the staff report for the proposed final plat for Bainbridge Sub. 9. This item is scheduled to be on the City Council agenda on October 23rd. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Kameron - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org ) and me by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, EXHIBIT B Meridian City Council Meeting Agenda November 7, 2018 – Page 237 of 520 Sonya Allen | Associate Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0578 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda November 7, 2018 – Page 238 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 M Project File Number: Item Title: Resolution No. 15-1065A Meeting Notes: A Resolution Modifying The Larkspur Subdivision Plat Notes #4, Note #6 And Note #14, As Well As The Buffer Width On The Face Of The Plat. Subject Property Is Located On The Southeast Corner Of S. Meridian Road And E. Calderwood Drive In The NW % Of Section 19, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County, Idaho. 9 APPROVEO I TEM SHEET C ouncil Agenda I tem - 5.M. Presenter: C.J ay Coles Es timated Time for P res entation: 1 minute Title of Item - Resolution No. 15-1065A: A Resolution Modifying The Larkspur S ubdivision P lat Notes #4, Note #6 And Note #14, As Well As T he B uffer Width On The Face Of T he P lat. S ubject P roperty Is Located On The Southeast Corner Of S . Meridian Road And E. Calderwood Drive In T he N W ¼ Of S ection 19, Township 3 North, R ange 1 East, Boise Meridian, City Of Meridian, Ada County, Idaho. C alderwo o d Vac ation of P lat Notes from 2015 up d ate. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Calderwood S ub Vacation Reso Resolution 10/25/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.Coles, C.J ay Approved 10/26/2018 - 2:12 P M L egal.J ohnson, Chris Approved 10/30/2018 - 9:06 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 239 of 520 ADA COUNTY RECORDER Christopher D. Rich 2018-106883 BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 11/08/2018 10:07 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 15-1065 A BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION MODIFYING THE LARKSPUR SUBDIVISION PLAT NOTES #4, NOTE #6 AND NOTE #14, AS WELL AS THE BUFFER WIDTH ON THE FACE OF THE PLAT. SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF S. MERIDIAN ROAD AND E. CALDERWOOD DRIVE IN THE NW '/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 12, 2015 the City Council of Meridian, held a hearing on the modification of the Larkspur Subdivision Plat Notes as Follows: Note #4: Lots 5—,4-2-,4-6 and 31 of Block 1, Lots 8 and 18 of Block 2, and Lot 1 Of Block 3 shall be common areas, to be owned and maintained by the Homeowners' Association; Note #6: Lots 10, 11 and 13, in Block 1 shall not have direct access to E. Calderwood Drive, Lot 2, Block 1, shall only be allowed access to E. Calderwood Drive; through Let 12, Broek !,-Blackspur Way, and the approved access point on the north line of Lot 2, Block 2 as shown on Sheet 2; Note #14: Access for future redevelopment of Lot 1 and Lot 2, Block 1 shall be provided through Lot 20 -hot Block 1 as follows: If Lot I and Lot 2 Redevelop as Residential Uses, access shall be taken across Lot 20 connecting to S. Blackspur Way. rot 5 Shall No Longer- Be Required To Pfovi e Gfoss AeEess, Lot 20 shall no longer be considered a Residential Building lot. TAT And Lot , , c Bleey i And rot 20 Shall Be Consider -ed A ResidefAial Building ing rot And the Buffer Width shall be amended on the face of the Plat from 40 Feet to 35 Feet as proposed. WHEREAS, the subject property is located on the southeast corner of S. Meridian. Road and E. Calderwood Drive in the NW '/4 of Section 19, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Larkspur Subdivision Plat Notes Be Modified As Follows:: Note #4.• Lots and 31 of Block 1, Lots 8 and 18 of Block 2, and Lot 1 Of Block 3 shall be common areas, to be owned and maintained by the Homeowners' Association; Note #6: Lots 10, 11 and 13, in Block l shall CALDERWOOD BUSINESS PARK - VAC -15-002 - RESOLUTION NO. 15-1065A PAGE 1 OF 2 Meridian City Council Meeting Agenda November 7, 2018— Page 240 of 520 not have direct access to E. Calderwood Drive, Lot 2, Block 1, shall only be allowed access to E. Calderwood Drive, through E^* 1''�ok 1, Blaekspuf Way, and the approved access point on the north line of Lot 2, Block 2 as shown on Sheet 2; Note #14: Access for future redevelopment of Lot 1 and Lot 2, Block 1 shall be provided through Lot 20 or Let 5, Block 1 as follows: If Lot I and Lot 2 Redevelop as Residential Uses, access shall be taken across Lot 20 connecting to S. Blackspur Way. Tet c Shah Tr, T Be Requi fed �T o Pi!evide Wrens news <^.::a Lot 20 shall no longer be considered a Residential GCl-T�ITO iTCC�i Cress Building lot. if Lot i And Lot 2 Blwn 1 Redevelop As r,,. ine -eia and/or O ffiee Uses, n ,.,.ess S Be Taken Aer-ess Lot 5) Blook 1 And Let 20 Shall Be Considered A Residential Building Let; And the Buffer Width shall be amended on the face of the Plat from 40 Feet to 35 Feet as proposed. The subject property is located on the southeast corner of S. Meridian Road and E. Calderwood Drive in the NW '/a of Section 19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this I+) day of November, 2018. Approved by the Mayor of the City of Meridian, Idaho, this `jo'day of November, 2018. Mayor TaqV de Weerd ATTEST. \�GO�Q0RATED gUCGs , 1 Ti(vOf o CJ Coles, Clerk �'�►'LE j�1���TT W m 'DAf4o SEAL STATE OF IDAHO °ft4 R�aP�v G TREASV ss County of Ada ) On this -14'1 day of� 1iPXY11d _V' , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SECIARLENE WAY I NOTARY PUBLIC FOR IDAHO r) COMMISSION #67390 RESIDING AT: �Affloni ri1 Ltd, NOTARY PUBLIC MY COMMISSION EXPIRES:3_aR .0a 9L - STATE OF IDAHO -OMMISSION EXPIRES 3/28/22 CALDERWOOD BUSINESS PARK— VAC -I5-002 - RESOLUTION NO. 15-1065A PAGE 2 OF 2 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 N Project File Number: Item Title: Idaho Opportunity Fund Agreements Meeting Notes: Idaho Department of Commerce and Paylocity 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.N. Presenter: Cameron Arial Estimated Time f or P resentation: Title of I tem - Idaho Opportunity F und Agreements with Idaho Department of C ommerce and Paylocity An agreement between Meridian and the Department of C ommerce to obtain pass-through grant funds for Paylocity. A second agreement will be added between Meridian and P aylocity regarding payout of the grant f unds. Finally, a net-zero budget amendment will be included to allow City to pay out the pass-through grant funds. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I O F A greement with I daho Department of C ommerce f or P aylocity A greements / C ontracts 10/19/2018 I O F C ompany P erformance A greement with Paylocity Cover Memo 10/24/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.L avoie, Todd Approved 11/2/2018 - 2:57 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 242 of 520 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 4 3 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 4 4 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 4 5 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 4 6 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 4 7 o f 5 2 0 15. Notices. Any notice permitted or required under this Agreement from one party to the other must be in writing and will be effective (a) on the date it was actually delivered to the addressee if delivered personally, or sent by a nationally recognized courier (such as FedEx or United Parcel Service) or sent by facsimile, or (b) three days after having been deposited In the United States Mail, if sent by certified mail, return receipt request, in each case to the respective address of the Company and the County listed below, or those other addresses of which either party gives the other party written notice: If to the Department, to Idaho Department of Commerce Attn: Bobbi -Jo Meuleman 700 W State St. Boise, ID 83702 If to the Local Government, to Cameron Arial 33 E Broadway Meridian, ID 83642 16. Entire Agreement. With a copy to Idaho Department of Commerce Cindy Lee 700 W State St. Boise, ID 83702 With a copy to City Clerk 33 E Broadway Meridian, ID 83642 This Agreement is the entire agreement between the parties with respect to the subject matter hereof. Where terms and conditions specified in the Contractor's response differ from those specifically stated in this Agreement, the terms and conditions of this Agreement shall apply. In the event of any conflict between these standard terms and conditions and any special terms and conditions applicable to this acquisition, the special terms and conditions will govern. This Agreement may not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. The parties execute this Idaho Opportunity Fund Agreement as of the Effective Date. Idaho Department of Commerce Bobbi -Jo Meuleman uaie ci.o-V)o o ppov-�Unikf3 Fund Dep►- 01� Q-ommzrcp, City of Meridian Tammy de Weerd Mayor Date 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 4 9 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 5 0 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 5 1 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 5 2 o f 5 2 0 Meridian City Council Meeting Agenda November 7, 2018 – Page 253 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 254 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 255 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 256 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 257 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 258 of 520 3850 N. 'Hcy Rd Ar on Heights, 1L 60004 99. Entire Agreement. This Agreement is the entire agreement between the parties with respect to the subject matter hereof. Where terms and conditions specified in the Grantee Business's response differ from those specifically stated in this Agreement, the terms and conditions of this Agreement shall apply. In the event of any conflict between these standard terms and conditions and any special terms and conditions applicable to this acquisition, the special terms and conditions will govern. This Agreement may not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. The parties execute this Idaho Opportunity Fund Agreement as of the Effective Date. City of Meridian Paylocity Corporation Tamm eer-drMayor PVy chedler, VP Human Resources 1/ / -7 /6)�)/g Date Date ?010 06ka City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 O Project File Number: Item Title: Budget Amendment for Paylocity Idaho Opportunity Fund Grant Meeting Notes: Not to Exceed $300,000(Net Zero) r' APPROVED I TEM SHEET C ouncil Agenda I tem - 5.O. Presenter: Estimated Time f or P resentation: Title of I tem - B udget Amendment for P aylocity Idaho Opportunity F und Grant Not to Exceed $300,00 (Net Zero) C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate B udget A mendment B udget A mendment 11/2/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/1/2018 - 9:46 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 260 of 520 O 1"f D m 7 Q 3 m 3 X m .c c m r+ L" u n im o N D N \, n d n N r 1+ \ 0 fD N 7 d 3 �. N O o 0 h O o 0 NN N N N N N N N N N N N N O o 0 0 o 0 0 0 0 0 0 0 0 w N w w N N O 03 00 00 00 00 00 00 A 00 A 00 A 00 A 00 A 00 A 00 A 00 A 00 A 00 A 00 A W A W A O O o O O O O O O O O O O O O O O O O O m: v T C O m 3n O m 7 _. < oi^ W D o q rho 00O < n O O O O O O O O O O O O O n N D 3 ul 6 C 0 7 0 0 O 0 0 0 0 J # N N N" N N" N 0 0 0 0 0 0 0 0 (D a � li 10,0 C 00 00 00 00 00 00 O 00 O O O O O O O A A A A A A A A N O N O N O N O wW . N . N . N Ul W N IN+ A O m O O O O O O O O O m: v T C O m 3n O m 7 _. < oi^ D o q rho < n O O C v 3 � N D ul O 0 o � 7 f+ 00 v ro 75 h — o 0 rD ro a a v w r 3 3 m O p ��L fNCOR,o 3 3 0 d o Q. r 1 1 < ID ro m Q v (") 0 Y ° o m 3 O 01 CD O Uri VOi lion C �e� ❑ ❑ �� < j► c < M m � LLEV �` O � `�° N o0 3 d ID Z Z Z Z Vin' o A CD O OO O ❑ ❑ ❑ D Z oo 00 G) 0 C) n - a zi O '* 3 —h O rD 7 m 9 (D < fD Q- m -n N � O o v C Q CQ (D a m D ?� 3 o (D a � a 3 Q• a (D p rt o a m rr � 4 H 11 10 2 4 2 0 1 8 5 5 4 P M Ci t y o f M e r i d i a n F Y 2 0 1 9 B u d g e t A m e n d m e n t F o r m To t a l A m e n d m e n t C o s t L i f e t i m e Pr io r Y e a r s Fi s c a l Y e a r Fi s c a l Y e a r Fi s c a l Y e a r Fi s c a l Y e a r Fi s c a l Y e a r De p a r t m e n t N a m e Fu n d in g 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 Ti t le Pe r s o n n e l Op e r a t i n g Ca p it a l To t a l To t a l E s t im a t e d P r o je c t C o s t Ev a l u a t i o n Q u e s t i o n s Pl e a s e a n s w e r a ll E v a lu a t io n Q u e s t i o n s u s in g t h e f i na n c ia l d a t a r e f e r e n c e d a b o v e To t a l A m e n d m e n t R e q u e s t Pa y lo c it y IO F G r a n t Ot h e r G o 1. D e s c r i b e w h a t is b e in g r e q u e s t e d Th i s r e q u e s t is t o s a ti s f y a g r a n t o p p o r t u n i t y p r o vide d b y t h e Id a h o D e p a r t m e n t o f C o m m e r c e t h r o u g h t h e I d a h o O p p o r t u n it y F u n d T h e Id a h o D e p a r t m e n t o f C o mm e 3 0 0 0 0 0 t o P a y l o c i t y i f t h e y w e r e t o c o n s t r u c t a n d m o v e t h e i r o f f ic e t o M e r id ia n U p o n m o v in g t o M e r i di a n t h e I d a h o D e p a r t m e n t o f C o m m e r c e a g r e e d t o a wa rd P a 3 0 0 0 0 0 t o o f f s e t t h e i r c o n s t r u c t i o n c o s t s M o r e d et a ils a r e a t t a c h e d 4. D e s c r ib e t h e p r o p o s e d m e t h o d o f f u n di n g I f f und in g is s p li t b e t w e e n F u n d s i e G e n e r a l E n t e r p r i se G r a n t p le a s e in c lu d e t h e p e r c e n t a g e s p lit L is t t h e a m o u n t of a n t ic i p a t e d a d d it io n a l r e v e n u e t h a t w i l l r e s u l t fr o m a p p r o v a l o f t h i s r e q u e s t Ge n e r a l F u n d T h e C i t y will r e c ei v e d 3 0 0 0 0 0 f r o m t he S t a t e t o r e i m b u r s e t h e C it y s c o s t 6. D o e s t h is r e q u e s t r e q u ir e r e s o u r c e s t o b e p r o v i de d b y o t h e r d e p a r t m e n t s I f y e s pl e a s e d e s c ri b e th e n e c e s s a r y r e s o u r c e s t o b e p r o v id e d b y o t h e r d e p a r tm e n t s Fi n a n c e a n d L e g a l 7. D o e s t h is A m e n d m e n t i n c lu d e a ny n e e d e d E q u ip m e n t or S o f t w a r e th a t w ill ut ili z e t h e C it y s n e t w o r k Y e s o r N o No 9. A n y a d d it io n a l c o m m e n t s Ev e r y e f f o r t s h o u l d b e m a d e t o a v o i d r e o p e n in g t h e bu d g e t f o r a n a m e n d m e n t D e p a r t m e n t s w ill n e e d t o pr o v i d e b a c k u p a n d a p p e a r b e f o r e t h e C i t y C o u n ci l t o ju s t if y b u d g e t a Bu d g e t a m e n d m e n t s a r e in t e n d e d f o r e m e r g e n c y o r m a n da t o r y c h a n g e s t o t h e o r ig in a l b a la n c e d b u d g e t C h an g e s t o t h e o r ig in a l b a la n c e d b u d g e t m a y c a u s e a f un d in g s 5. D o e s t hi s r e q u e s t ali g n w i t h t h e D e p a r t m e n t C i t ys st r a t e g i c pl a n I f n o t pl e a s e e x pl ai n h o w t hi s r eq ue s t w a s n o t i n cl u d e d i n t h e D e p a r t m e n t Ci t y s t r a t eg ic p la n Ye s P r o m o t e d e v e l o p m e n t a n d g r o w t h f o r o u r l a b o r fo rc e 2. W h y w a s t h i s b u d g e t r e q u e s t n o t s u b m it t e d d u r in g t h e c u r r e n t f is c a l y e a r b u d g e t c y c le Th i s r e q u e s t is a g r a n t t h a t w a s n o t r e c e i v e d u n t il af t e r t h e b u d g e t p r o c e s s w a s c o m p le t e d 3. W h a t i s t h e e x p la n a t io n f o r n o t s u b m i t t i n g t h i s b u d g e t r e q u e s t d u r i n g t h e n e x t f is c a l y e a r b u d g e t cy c le Th i s r e q u e s t is t o s a t is f y a g r a n t o p p o r t u n i t y f o r th e c o n s t r u c ti o n o f t h e P a yl o c i t y b uil di n g a t 1 0 mil e r o a d T h e g r a n t w a s r e c e iv e d a f t e r t h e b u d g e t p r o ce s s w a s c o m p ne e d t o b e c o m p l e t e d b e f o r e t h e n e x t b u d g e t p r o c e s s b e g in s 8. I s t h e a m e n d m e nt g o i n g to r e s u lt i n t h e d i s p o sa lof a n a s s e t Y e s o r N o No Ci ty o f M e r id i a n F Y 2 0 1 9 B u d g e t A m e n d m e n t F o r m C: P r o g r a m F il e s x 8 6 n e e v ia c o m d o c C o n v e r te r P r o tem p N V D C 5 6 B 7 F F 3 1 3 D 1 7 4 7 D 3 A 6 D 0 0 3 2 7 8 4 E D B E 9 5 M e r id ia n 6 3 5 0 1 F Y 2 0 1 9 B u d g e t A m e Meridian City Council Meeting Agenda November 7, 2018 – Page 262 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 P Project File Number: Item Title: Professional Services Agreement Meeting Notes: Treasure Valley Children's Theater Not -to -Exceed $6,000 c✓ I TEM SHEET C ouncil Agenda I tem - 5.P. Presenter: Hillary Blackstone Estimated Time f or P resentation: 0 Title of I tem - Professional S ervices Agreement with T reasure Valley C hildren's T heater Not- to-Exceed $6,000 T he Meridian A rts Commission would like to partner with the Treasure Valley Youth T heater (T V C T ) for F Y2019 productions. T his is an item in their strategic plan and has been an on-going partnership with T V C T for a number of years. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P S A - T V C T 2019 A greements / C ontracts 10/24/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.B aird, Ted Approved 10/31/2018 - 12:12 P M Clerk.Watts, K eith Approved 10/31/2018 - 1:15 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 263 of 520 PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY CHILDREN'S THEATER This PROFESSIONAL SERVICES AGREEMENT WITH TREASURE -E e_v-- CHILDREN'S THEATER (hereinafter "Agreement") is made this'7* day of , 8, by and between the Meridian Arts Commission, through the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City"), and Treasure Valley Children's Theater, a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "TVCT"). WHEREAS, the mission of the Meridian Arts Commission is to develop, advance, and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors; WHEREAS, the mission of TVCT is to be part of a healthy, growing community by producing quality theater arts experiences for children; and WHEREAS, the respective governing bodies of City and TVCT find that these missions complement each other and wish to work together to further the objectives of both by engaging TVCT to present theater arts experiences as set forth in the proposal attached hereto as Exhibit A; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and TVCT agree as follows: I. Scope of services. TVCT shall provide the following services, deliverables, and materials under this Agreement: A. TVCT shall obtain all necessary royalties and scripts. B. TVCT shall schedule and hold auditions and rehearsals, and shall provide Children's cast members with all necessary materials for such experience. C. TVCT shall provide the following staff and any other staff necessary to provide the services and deliverables set forth in this Agreement: director, music director, choreographer, stage manager, production assistant, costume designer, and light designer. D. TVCT shall provide all necessary costumes, props, and set. E. TVCT shall provide and distribute marketing materials, including printing posters, flyers, t -shirts, and programs. F. TVCT shall reserve and pay all related costs for audition, rehearsal, and performance space. G. TVCT shall present to the public the theater arts experiences as set forth in the proposal attached hereto as Exhibit by September 30, 2019. II. Compensation and payment. A. Amount. City shall pay TVCT for professional services described herein in an amount not to exceed six thousand dollars ($6,000.00). B. Payment schedule. Following TVCT's provision of detailed invoice to City, City shall pay TVCT in accordance with the following schedule: 1. By November 2, 2018, City shall mail payment to TVCT in the amount of $1,000.00. 2. By March 1, 2019, City shall mail payment to TVCT in the amount of $1,000.00. PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY CHILDREN'S THEATER PAGE 1 OF 5 PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY CHILDREN ’S THEATER PAGE 2 OF 5 3. By April 5, 2019, City shall mail payment to TVCT in the amount of $1,000.00. 4. By May 3, 2019, City shall mail payment to TVCT in the amount of $1,000.00. 5. By June 7, 2019, City shall mail payment to TVCT in the amount of $1,000.00. 6. By August 2, 2019, City shall mail payment to TVCT in the amount of $1,000.00. C. Materials fees; revenue. TVCT shall be entitled to collect a materials fee from each cast member in an amount not to exceed sixty-five dollars ($65.00). In exchange for such fee, each cast member shall be entitled to participation in rehearsals per TVCT’s casting and direction; direction and coaching from TVCT staff at weekly rehearsals; and performance per TVCT’s casting, direction, and scheduling. TVCT may not turn away any person due to inability to pay the materials fee; TVCT shall waive and/or make other accommodations for such fee upon request and demonstration of financial hardship. TVCT shall be entitled to retain any revenues realized from ticket sales, sponsorships, or other fundraising undertaken by TVCT. III. General provisions. A. Indemnification. TVCT and each and all of TVCT’s employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in Event or related activities, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer programming, at or in its use of Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. B. Insurance. TVCT shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting TVCT, TVCT’s employees, and TVCT’s agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with the play, including auditions, rehearsals, set-up, performance, and tear-down. Such insurance shall name City as additional insured, and shall afford at least five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any permit. If City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event or related activities, Organizer covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. At all times during the course of this Agreement, TVCT shall provide worker’s compensation coverage in the amount required by law for each and every employee utilized in the course of performance of this Agreement. C. Notices. All notices required to be given by either of the parties shall be in writing and be deemed communicated when personally served or mailed via U.S. mail, addressed as follows: Meridian City Council Meeting Agenda November 7, 2018 – Page 265 of 520 PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY CHILDREN ’S THEATER PAGE 3 OF 5 If to TVCT: If to City: Autumn Kersey Hillary Blackstone, Commissions & Committees Coordinator Treasure Valley Children’s Theater City of Meridian P.O. Box 9144 33 East Broadway Ave Boise ID 83707 Meridian ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. D. Assignment. City shall not assign or sublet all or any portion of City’s interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of TVCT. TVCT shall not assign or sublet all or any portion of TVCT’s interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. E. No agency; independent contractor. Neither TVCT nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in TVCT’s use and occupancy of facilities at which auditions, rehearsals, workshops, and/or performances are held. In all matters pertaining to this agreement, TVCT shall be acting as an independent contractor, and neither TVCT nor any officer, employee or agent of TVCT shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, TVCT understands, acknowledges, and agrees that TVCT and its employees, agents, contractors, officials, officers, servants, guests, and/or invitees: 1. Are free from actual and potential control by City in the provision of services under this Agreement. 2. Are engaged in an independently established trade, occupation, profession, or business. 3. Have the authority to hire subordinates. 4. Own and/or will provide all major items of equipment necessary to perform services under this Agreement. F. Compliance with laws. In performing the scope of services required hereunder, City and TVCT shall comply with all applicable federal, state, and local laws. G. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys’ fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. H. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. I. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the Meridian City Council Meeting Agenda November 7, 2018 – Page 266 of 520 termsothis-A_reement_b _etthe.rt.,.�raek�ar�:t11ooccnrxence_Q#c�rcustan:es.tht.:: :_.:.__.: _ _._:..... rerlder�-the per-for-mance_•by-eitherparty a:detriment.to1he public health,sa£ety, or:vtrelfa - — --- -- 'ro-cess-.minerpartyin ay terminate this Agresment:by providing fourteen (14) days'=notice of— — intention:to terminate::..Such.notice.shall include; description of the breach or circumstances_.._._—_-.. teimmation.._.A. forty_e�ght_(48)_hour_.awr_e periodshal_Lcommence upau provision of the notice of intention to terminate. If the defaulting party successfully cures the _...... ........_. _ reach..orz rcums ances providing -grounds for tehiiiiiation�,'the terminating party sKdl`l:sign such cure by issuing written withdrawal of the notice .of termination. If, upon -the expiration of such cure period, -cure of the breach or circumstances providinggrounds for termination has not o_acurred-thls_A teement_shall:be.terminated. ----- -- --- -- L Construction and severability. If any part of this Agreement is -held to be invalid or unenforceable, such holding will not affect the validity or.enforceability-of any other part -of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. K. Entire Agreement. This. Agreement contains the entire agreement of the parties and supersedes any and all other agreements' or understandings, oral or written, whether previous to the execution -- L--: Hiscrnmtrat►nmproliibited-In-performing-the-Services-required-herein,.T-VC-T-shall-riot ---. _ --- diseriminate_a aing st-any_-person on the basis of race, color; c igiona_ge�der; sexua"y at natwtal=orgfnr ancestry, age; or physical -handicap:: -- :: --- M plica—l�le=7-I,a*MLX-b_is A:gre_eu ei slia[1_tiegauexrie b ,an-coias4ruedanc� erifarce. -iii accoxdat cP -- - = == with the: laws of the State of Idaho, �.zinL.nll_�e�f L.lotln%f1.p_�..{:,.tIA_A.�InY.,,d.1..61����iIA�:UI' JM�NNAiffiFl�hF1-hum®6 .. �IN-_WITNESS-WHEREOF; the parties shall cause this Agreemetit to be exeauted'15-their` duly*authot'ized officers to be'effective as of the day and year first ali_ove written. TREASURE VALLEY CHILDREN'S THEATER:. CITY OF MERIDIAN: Tammy A,f._...._., Attest: ,.-I(7ly Of C.` $ Coles lerk B I6141 . IDAHO SEAL — - - +ROFESSIoNAL SERVICES AGREEMENT WITH TREASURE VALLEY CHILDREN'S TFIEATER PAGE 4'0.F-5 - Meridian City Council Meeting Agenda November 7, 2018 – Page 267 of 520 PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY CHILDREN ’S THEATER PAGE 5 OF 5 Exhibit A Meridian City Council Meeting Agenda November 7, 2018 – Page 268 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 Q Project File Number: Item Title: Award of Change Order No. 8 to JC Constructors, Inc. Meeting Notes: JC CONSTRUCTORS, INC. for the "WRRF Liquid Stream Capacity Expansion" project for a Not -To -Exceed amount of $105,572.33. � ✓I I TEM SHEET C ouncil Agenda I tem - 5.Q. Presenter: Consent Estimated Time f or P resentation: Consent Title of I tem - Award of Change Order No. 8 to J C C O NS T RUC T O RS , INC. for the “WRRF L iquid Stream C apacity E xpansion” project for a Not-To-Exceed amount of $105,572.33. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 10/31/2018 P W Project I nf o Memo Cover Memo 10/31/2018 W R R F Capacity Expansion Change O rder 8 Cover Memo 10/31/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 11/1/2018 - 9:42 A M F inance.B aird, Ted Approved 11/1/2018 - 3:01 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 269 of 520 Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Clint Dolsby, Dan Berthe Date: 10/31/2018 Re: November 7 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 7 th City Council Consent Agenda for Council’s consideration. Award of Change Order No. 8 to JC CONSTRUCTORS, INC. for the “WRRF Liquid Stream Capacity Expansion” project for a Not-To-Exceed amount of $105,572.33. Recommended Council Action: Approval of Change Order No. 8 to JC Constructors, Inc. for the Not-To-Exceed amount of $105,572.33 and authorize the Purchasing Manager to sign. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda November 7, 2018 – Page 270 of 520 E ID Public IDAHO Works Department Moyor Tommy de Weerd Clty Ccrrndl llcrnbcrtr Keith Bird loe Borton Luhe Cquener Genesis Milom Anne Little Roberts Ty Folmer TO Keith Watts FROM:Dan Berthe, PE Staff Engineer II DATE:06n9n8 SUBJECT: WRRF LIQUID STREAM CAPACITY EXPANSION CHANGE ORDER #8 WITH JC CONSTRUCTORS INC. (JC) rOR A NOT TO EXCEED AMOUNT OF $105,572.33. I. DEPARTMENT CONTACT PERSONS Dan Berthe, Staff Engineer II Clint Dolsby, Assistant City Engineer Warren Stewart, City Engineer Dale Bolthouse, PW Director II. DESCRIPTION B. 489-0356 489-034t 489-0350 98s-1257 A.Background Council approved the construction phase of the Liquid Stream Capacity Expansion project in January of 2017. The project will allow the WRRF to meet future capacity demands as the City continues to grow, as well as complete part of the first phase of upgrades required to meet the new regulations set forth in our NPDES permit. Proposed Changes to Project Construction of the Liquid Stream Capacity Expansion project is currently underway. Additional funds are necessary to complete specified items. The additional work includes the coating of the fire sprinkler lines that will be located within the Chemical Building. Being that the fire sprinkler system is located within an area where they will be exposed to the acetic acid vapors, in order to help prolong the life of the material and reduce the maintenance costs in the future, JCC was asked for pricing to coat the sprinkler system lines. This cost is seen as an enhancement to the project. Page I of3 ( Meridian City Council Meeting Agenda November 7, 2018 – Page 271 of 520 The second component in the proposed change order is work associated with the layout, coordination and installation of seven variable frequency drives (VFDs) for the chemical feed pumps. The project design was based on the metering of pumps with integral speed controllers built into the pump units. The supplier submitted metering pumps with VFD speed control to the pump units in a separate, wall mounted panel enclosure. This separate panel was not rated for the space classification requirements of the chemical building pump room, so Watson-Marlow was required to resubmit with a pump that met the requirements. Their revised submittal, which met the classification requirements, included a $200,000 higher cost than the initial submittal. Numerous coordination efforts were conducted by all parties involved (COM, B&C, JCC, Challenger) to better identify an altemative that met design requirements, Operations requests/needs, and financial constraints of the project. Ultimately, JCC, Challenger, and WETCO (Challenger's panel builder/fabricator) arrived at a lower cost altemative which inlcluded mounting the VFDs in a modified PLC cabinet. The bulk of the CPR is for additional costs associated with the coordination and communication needed to resolve the issues regarding the VFD's, ultimately taking almost a year to complete. The third part of this proposed change is the installation of a coarse bubble diffuser within the secondary splitter box, as well as the installation of an additional eight diffusers on each drop leg within the mixed liquor channel. During the submittal process Sanitaire recommended eight additional diffusers per drop leg. This enhancement will allow Operations to reduce the amount of phosphorus, within the channel, via additional mixing. The fourth component of this change order work is for a change in material for the 20-inch internal mixed liquor return piping. The bid specifications allowed for numerous material options for this segment of work . JCC initially submitted shop drawings for the use of an epoxy lined and coated carbon steel pipe. City Operations staff had concerns over this due to the need for recoating every 7-10 years. Due to building constraints, the only viable options were to utilize the carbon steel or use a stainless steel material. After review of coating prices, it was estimated that the cost to recoat the carbon steel would end up higher than paying to change to the stainless steel pipe. The final component of the proposed change work includes the lowering of the overflow pipe within the stainless steel methanol tank. III. IMPACT A. Fiscal Impacts The project is under the WRRF Capacity Upgrades enhancement. The enhancement value is currently $44,479,699.00 for FY 15, 16, 17, 18, and 19. The enhancement value for FYl8 is $20,400,000. B. Project Costs: Fiscal Year 2017 Construction Contract Account Code / Codes 60-3590-961 s I Costs $10,750,000.00 Page 2 of 3Meridian City Council Meeting Agenda November 7, 2018 – Page 272 of 520 co #1 co #2 co #3 Fiscal Year 2018 Construction Contract co #4 co #5 co #6 co #7 co #8 Fiscal Year 20T9 Construction Contract C. Available Project Funding Fiscal Year FY]5 FY]6 FYI7 FYI8 FYI 9 60-3590-96151 60-3590-96151 60-3590-961 5 1 Total 60-3590-961 5 1 60-3590-961 s 1 60-3590-961 s I 60-3590-96 I 5 I 60-3s90-9615r 60-3590-961s1 Total 60-3s90-96 1 5 I $6,315,000.00 $6,315,000.00Total Total Construction Contract Cost $36,305,776.29 -$42,465.04 -$61,466.77 s94,514.57 $10,740,582.76 $18,500,000.00 $23,485.75 $57,707.03 $63,31 1.1 1 $500,117.31 $ 105,572.33 $19,250,193.53 Account Code / Codes 60-3590-96 I 5 1 60-3s90-96 I 5 1 60-3590-96 1 5 1 60-3590-96151 60-3s90-96 1 5 1 Total Funding $444,699.00 $2,900,000.00 $12,385,000.00 $20,400,000.00 $7,200,000.00 $43,329,699.00 D. Time Constraints In order to meet the requirements listed within the current NDPES permit, the Expansion Project must continue to move forward to meet the projected completion date. A delay in may alter that projected schedule. Departmental Approval Page 3 of 3 Meridian City Council Meeting Agenda November 7, 2018 – Page 273 of 520 ?){,,IAN CITY OF MERIDIAN Purchasing Department 33 E BROADWAY AVE, STE 106 MERIDIAN, ID 83642 TEL: (208) 489-0417 FAX: (208) 887-4813 @ CITY OF MERIDIAN Public Works Department \'UULiEt, rEU T--_- VENDOR JC Constructors 6t19t2018 IS BUDGET AMENDMENT REQUIRED? No CASE MANAGEMENT TICKET NO. DATE OF REQUEST AVAILABLE BUDGET AMOUNT $t .00 Purchase Requisition PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES. PACKING SLIPS CARTONS AND CORRESPONDENCE RELATED TO THIS ORDER PROJECT MANAGER Clint Dolsby/Dan Berthe TERMS NET FREIGHTTERMS PREPAID TIONDESTINA Dan Berthe PROJECT NAME: WRRF-Liquid Stream Capacitv Expansion-Construction P roiect CO #8 WRRF-Liquid Stream Capacity Expansion-Construction Proiect 1 $ 105,572.33 60 3590 96151 10601.D $ 105,572.33 $ $ $ $ $ $ $ $ $ AUTHORIZED COUNCIL SIcNATURE (if rcquired) NOTES: CouncilApprovalDate: $1 572.33 PART NUMBER / DESCRIPTION / COMMITMENT NAME / TASK ORDER / CONTRACT / PROJECT DESCR]PTION DEPT EXPENSE OR PRoJECT/ CODE GL ACCOUNT # COMMITMENT #FUND ACCOUNTING CODES QTY UNIT UNIT PRICE TOTAL AMOUNT Descri n of Purchase IDAHO ll Meridian City Council Meeting Agenda November 7, 2018 – Page 274 of 520 IAN CITY OF MERIDIAN 33 EAST BROADWAY IUERIDIAN, tD 83642 CHANGE ORDER CHANGE ORDER NO.8 PROJECT NO.10601.D CHANGE ORDER DATE:6t19t2018 EFFECTIVE DATE: CONTRACTOR JC Constructors lnc. PROJECT: WRRF Liquid Stream Capacity Expansion The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description of additional work: (attach additional pages if needed) Please see attached sheet. WHO REQUESTED THE CHANGE City E Contractor WHY IS THE CHANGE NECESSARY Check all that apply tr Unforeseen / Hidden Conditions E Scope Change E Other - descibe belowf1 Error with the Plans and/or Specifications Explanation: This change order includes Change Proposal Requests (CPR) 48, 61 ,62,68, and 70. Please see attached sheet. REASON FOR CHANGE ORDER VS. BIDDING ADDITIONAL WORK Check all that apply E The work is in the area of the original contract and a conflict with the on-site contractor is probable and would make coordination of work difficult and bidding unreasonable. E time is of the essence and bidding would require the contractor to stop work and the City would face costly standby fees therefore making bidding disadvantageous D Emergency Work to correct unsafe conditions. tr Other - describe below ExplanatiOn: (attached additional pages if needed) Page 1 of 2 lllAkt) Meridian City Council Meeting Agenda November 7, 2018 – Page 275 of 520 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $35,665,000.00 Original Contract Times: 896 days Net changes from previous Change Orders Net changes form previous Change Orders (calendar days) No. 1 to No. 7 No. 1 to No. 7 Nota charge «der rgmtam here $635,203.96 Nola change artier nueben hm 77 days Net Increase.(decrease} of this Change Owd'er:` . Net Increase (decrease) of this Change Order: .. �at.nara�) ,1;Q5572:33 .0. days . Total Change (Increase /decrease) to date: Total Days (Increase /decrease) to date: (calendardays) $740,776.29 77 days New Contract Price with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendar days) $36,305,776.29 973 days PROVED: (City Purchasing Manager) ACCEPTED: (Contractor) ?P-tM �[� y�J ----- By. Kelth Watts By. Date: Date: RECOMMENDED: (City Prole Manager) DATE APPROVED BY COUNCIL (If requked By: C)ry � ,J NO SIGNATURE REQUIRED Date: Y�`�tJ�llg DATE: METHOD OF COST DETERMINATION ! COST ANALYSIS OR VERIFICATION: Please see attached sheet Purchasing BudgetAvzd-W)le (Attach Report) Budget Information: Budget FY Ati�ettdment Date Submitted tD.Clerk for Agenda: Appmv4Date: Purchase Order No. Date Issued: Page 2 of 2 Change Proposal Requests (CPR) and Field Orderc CPR #48 Chemical Building - Fire Sprinkler Coating Description Summary: Work includes coating the fire sprinkler system pipe located within the Chemical Building. The coating will be Seaguard 6000. This coating is necessary to help prevent acetic acid vapors from oxidizing the pipe during tank filling. Reason for change: JCC raised a concern about coating the fire sprinkler lines in the Chemical Feed Building in RFI #202. Even though the acetic acid tank is fully vented to the atmosphere, external to the building, there is some potential over time that corrosion could occur on the fire sprinkler lines. This coating will help prevent against this. Cost Negotiation Process: JCC submitted CPR 48 to the City PM, City inspector, and B&C for their review and comment. Labor cost breakdowns and estimates on the coating provided to the reviewers. The proposed cost was found to be appropriate for the scope of work. The CPR was recommended by B&C and the costs were approved. Final Costs $5,493.79Days= 0 CPR #61 Chemical Metering Pumps VFD Panels Description Summary: Work includes the layout, coordination and installation of seven VFD panels for the chemical metering pumps. The VFD panel pricing was already included in the original project scope. This change covers the costs associated with labor spent by JCC and their subcontractor, Challenger, in coordinating the change in VFD classification and the assembly of the components in the field. Reason for change: The Watson-Marlow submittal for the chemical metering pumps differed from the design concept in that these pumps included separate VFD's for speed control instead of these being integral to the pump design. The VFD's are required to be located outside of the classified (Class I Div ll explosion proof requirements) space in the pump room or in an intrinsically safe enclosure. After the submittal came in, Brown & Caldwell researched other pump vendors, but were unable to find a style that met the flow demand requirements. BC also asked for a price from Watson Marlow to add an intrinsically safe enclosure to their scope and received a quote for more than $200,000 to include them. Following these initial inquiries, BC had several meetings with JCC and Operations to come up with other options including locating them on the building exterior and in the electrical room. Operations was not favorable to the building exterior option and there were space constraint challenges in the electrical room. Ultimately, Challenger and WETCO c€rme up with a solution to house the VFDs in their own panel, with the VFD HIM modules mounted on the PLC panel door. This was accepted by operations. Watson- Marlow is shipping this equipment loose and Challenger will assemble the components in the field per their plan with WETCO's supplied PLC. Cost Negotiation Process: JCC submitted CPR 61 to the City PM, City inspector, and B&C for their review and comment. Backup documentation was provided to the reviewers, that lays out the time and effort tied into coordinating the change in planned panel layouUdesign. The proposed cost was found to be appropriate for the scope of work and was recommened by BC. The CPR cost was approved. Final Cost= $27,433.36Days= 0 Meridian City Council Meeting Agenda November 7, 2018 – Page 277 of 520 CPR #62 - Secondary Splitter Box Coarse Bubble Diffuser Description Summary: lnstallation of a coarse bubble diffuser within the secondary splitter box immediately upstream of the baffle wall. Work also includes the installation of eight additional diffusers on each dropleg for a total of 24 additional diffusers. Reason for change: As part of the submittal, Sanitaire (diffuser and drop leg vendor) suggested adding an additional drop leg and more diffusers heads in the mixed liquor collection and secondary splitter box structures. Brown & Caldwell evaluated this from a process perspective and determined that it would be beneficial for channel mixing and preventing phosphorus release in the mixed liquor. Cost Negotiation Process: JCC submitted CPR 62 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed time and costs were reviewed and are considered to be in line with the standard for this type of work. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR costs was approved. Final Cost= $17,748.17 Days= 0 CPR #68 - 2O-inch ML Pipe Materials Description Summary: Work includes the construction of the 2O-inch Mixed liquor pipe, located within the Aeration Basins, in a 304L stainless steel schedule 55 pipe in lieu of the originally planned HDPE pipe. Reason for change: The original design included HPDE internal mixed liquor return piping in the aeration basins, however other pipe materials were listed as acceptable in the pipe specification. JCC bid an epoxy lined and coated carbon steel pipe material. There were concerns raised by operations and maintenance staff of having to re-coat this pipe (Brown & Caldwell estimated this would need to occur every 7-10 years). BC suggested going back to HDPE, however HDPE pipe prices have been a continuous problem on this project as they have increased dramatically since bid date and the pipe is difficult to get due to the Houston hurricane last summer impacting the resin production across the country. Also, the original design called for 20-inch DIPS HDPE (21.6-inch outer diameter), which would not fit in the 21-inch diameter holes JCC constructed in the basin baffle walls. BC agreed to entertain other pipe material options for these lines and looked at PVC (Cg0O/Schedule 4O/Schedule 80) and stainless steel. Unfortunately, the internal diameter of the PVC pipe options did not meet the flow hydraulics needed for these lines. Left with the coated carbon steel and stainless steel options, the preference was to go with stainless steel. The thought is that one re-coating of this pipe would likely be more than the incremental cost increase to change to stainless steel. JCC credited back the original bid price of the carbon steel pipe. Cost Negotiation Process: JCC submitted CPR 68 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed time and costs were reviewed and are considered to be in line with the standard for this type of work. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR costs was approved. Final Cost= $50,855.04 Davs=0 Meridian City Council Meeting Agenda November 7, 2018 – Page 278 of 520 CPR #70 - Stainless Stee! Methano! Tank Overflow Modifications Description Summary: Work includes lowering the overflow pipe within the Stainless Steel Methanol tank as the overflow pipe was in conflict with the floating roof. Reason for change: The methanol tank submittal had two original submittals - one for the tank and one for the internal floating cover (separate vendors). The initial internal floating cover submittal was rejected as it was not an acceptable material meeting the specification. The second submittal for the internal floating cover was approved, however at this point the tank had already been fabricated. When the floating cover arrived at the tank supplier for final fabrication, they realized the overflow pipe was in conflict with the floating cover. JCC was concerned about moving the overflow, as it reduced the volume of the tank. Brown & Caldwell evaluated the impact on tank filling requirements and determined the volume decrease was very minimal even at ultimate build-out conditions. Operations staff was acceptable to the change in volume as well. Cost Negotiation Process: JCC submitted CPR 70 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed time and material costs were reviewed and are considered to be appropriate for this type of work. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR costs was approved. Final Cost= $4,040.97Days= 0 Meridian City Council Meeting Agenda November 7, 2018 – Page 279 of 520 co #{ CPR #2 CPR #3 CPR #4 CPR #5 CPR #6 cPR #1 1 cPR #13 cPR #16 Dewatering Pipe Damage-Flood Chemical Building Roof Drain Lighting Change Vehicle Grounding 350 HP Aeration Blower Conduit 66" Dia. Pipe Material Credit AFFF Concentrate Line Material Screen to separate >3" cobble Eliminate Sub-Slab Waterproofing or Vapor Barrier / Dampproofing Water Bearing Tanks Discharge Elevation of Blower Building Drain Line Cap and Bulkhead for 66" SE Pipe for Future Tertiary Project Weather Delay $2,787.O1 $3,958.16 $0.00 $967.50 $3,1 02.90 -$58,290.00 -$750.00 $5,759.39 co#2 CPR #7 CPR #9 cPR#27 cPR #19 co #4 CPR #29A cPR #37 cPR #38 CPR #41C co #3 CPR #8 CPR #1OA CPR #124 cPR #24 cPR #28 Total= -$42,465.04 -$68,860.58 $0.00 $7,393.81 $0.00 Total= Total additional days= Total= CO Total Cost= Total= CO Total Cost= Total= CO Total Cost= Total= CO Total Cost= -$61,466.77 36 Cost $17,281 .30 $47,822.97 $9,706.79 $16,824.36 $2,879.1 5 Days AMS Fire Alarm Panel Gas Detector Galvanizing Screening Additional Week RASMAS Duct Bank Contaminated Soil Value Engineering Secondary Clarifier #7 Dewatering and SG Repair 7 10 3 $94,514.57 20 -$9,417.24 Cost $55,384.97 $22,923.13 -$83,600.00 $28,777.65 Days co #5 cPR #17 cPR #21 cPR#22 CPR#4.2 cPR #50 cPR #52 Primary Sludge Hatch Roof Curlcs Chemical Building Float Switches Blower VFDs RAS Transfer Subgrade Repair Drain Pump Guide Rail Assembly Rotameter Upgrade to Existing Non-Potable Water Lines SC7 Subgrade Delay Chemical Building Vapor Barrier Secondary Clarifier 6 Subgrade Repair RAS Transfer Station CMU Height $23,485.75 0 $14,068.51 Cost $3,578.46 $889.25 $27,107.94 $7,577.84 $1 I ,010.80 $7,542.74 Days $57,707.03 $71,77s.54 Cost $31,128.22 $12,726.31 $0.00 $13,446.38 $6,010.20 0 co #6 cPR #14 CPR #43E cPR #45 cPR #56 cPR #57 Days $63,311.1 1 $135,086.65 0 Meridian City Council Meeting Agenda November 7, 2018 – Page 280 of 520 co#7 cPR #30 cPR #46 cPR #58 co #8 cPR #48 cPR #61 cPR #62 cPR #68 cPR #70 Cost $57,432.3s $22,684.96 $420,000.00 Days 66-inch SE Modifications DO Probeffransmitter lnstalltion within Aeration Basins #6 and #8 Primary Power lmprovements Chemical Building - Fire Sprinkler Coating Chemical Metering Pumps VFD Panels Secondary Splitter Box Coarse Bubble Diffuser 20-inch ML Pipe Materials Stainless Steel Methanol Tank Overflow Modifications 21 Total CO Total Cost = Total CO Total Cost = $500,117.3'l 21 $635,203.96 Cost $5,493.79 $27,433.36 $17,748.17 $50,856.04 $4,040.97 Days $r05,572.33 $740,776.29 0 Meridian City Council Meeting Agenda November 7, 2018 – Page 281 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 R Project File Number: Item Title: Award of Change Order No. 9 to JC Constructors, Inc. Meeting Notes: JC CONSTRUCTORS, INC. for the "WRRF Liquid Stream Capacity Expansion" project for a Not -To -Exceed amount of $327,137.91. 9 I TEM SHEET C ouncil Agenda I tem - 5.R. Presenter: Consent Estimated Time f or P resentation: Consent Title of I tem - Award of Change Order No. 9 to J C C O NS T RUC T O RS , INC. for the “WRRF L iquid Stream C apacity E xpansion” project for a Not-To-Exceed amount of $327,137.91. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 10/31/2018 P W Project I nf o Memo Cover Memo 10/31/2018 W R R F L iquid Stream E xpansion C hange Order 9 Cover Memo 10/31/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 11/1/2018 - 9:43 A M F inance.B aird, Ted Approved 11/1/2018 - 3:03 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 282 of 520 Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Clint Dolsby, Dan Berthe Date: 10/31/2018 Re: November 7 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 7 th City Council Consent Agenda for Council’s consideration. Award of Change Order No. 9 to JC CONSTRUCTORS, INC. for the “WRRF Liquid Stream Capacity Expansion” project for a Not-To-Exceed amount of $327,137.91. Recommended Council Action: Approval of Change Order No. 9 to JC Constructors, Inc. for the Not-To-Exceed amount of $327,137.91 and authorize the Purchasing Manager to sign. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda November 7, 2018 – Page 283 of 520 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 8 4 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 8 5 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 8 6 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 8 7 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 8 8 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 8 9 o f 5 2 0 Meridian City Council Meeting Agenda November 7, 2018 – Page 290 of 520 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $35,565,000.00 Original Contract Times: 896 days Net changes from previous Change Orders Net changes form previous Change Orders (calendar days) No. 1 to No. 8 No. 1 to No. 8 Note change order numbers here $740,776.29 Note change order numbers here 77 days amount or uramgmsTre-re Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calender days) $327,137.91 60 days Enter dollar amount or this chamire order Total Change (Increase / decrease) to date: Total Days (Increase /decrease) to date: (calendar days) $1067,914.20 137 days New Contract Price with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendardays) $36,632,914.20 1033 days APPROVED: (City Purchasing Manager) ACCEPTED: (Contractor N— By: Keith Walls By: Date: Dale: /-/261 -e RECOMMENDED: (City Project Manager) DATE APPROVED BY COUNCIL (If required) TIRED By: � NO SIGNATURE REQUIRED Date: I p l"L / DATE: IPlease see attached sheet. Budget Available (Attach Report) Budget Information: Budget FY Date Submitted to Clerk for Agenda: IPurchase Order No. g Use Date Issued: Page 2 of 2 Amendment: Approval Date: 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 9 2 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 9 3 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 9 4 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 9 5 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 9 6 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 9 7 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 9 8 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 2 9 9 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 3 0 0 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 3 0 1 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 3 0 2 o f 5 2 0 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 3 0 3 o f 5 2 0 City Council Meeting Meeting Date: Agenda Item Number: 6 S Project File Number: Item Title: Meeting Notes: November 7, 2018 AP Invoices for Payment 10/31/18 - $689,649.57 u7 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.S . Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 10/31/18 - $689,649.57 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 10/25/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/25/2018 - 11:35 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 304 of 520 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A & i DISTRIBUTORS oil, carb cleaner, antifreeze - qty 19 508.93 01 General Fund ADA COUNTY PROSECUTOR DR17-4283, 15% of proceeds from sale of 2003 Honda, CR19-020 300.00 01 General Fund ADA COUNTY PROSECUTOR DR17-7406, 15% of proceeds from sale of 2005 Acura 442.50 01 General Fund ADA COUNTY PROSECUTOR DR17-8395, 15% of proceeds of Kelly Blue Book, 05 Mercedez 566.25 01 General Fund ADVANCED LOCK & KEY, LLC duplicate keys for trucks 33 & 34 160.00 01 General Fund ARROWHEAD FORENSIC PRODUCTS Evidence Supplies - Tubes, Bags, Swabs, Storage Kit 385.92 01 General Fund ARROWHEAD FORENSIC PRODUCTS Evidence Supplies- Magnetic Applicator 146.32 01 General Fund ARROWHEAD FORENSIC PRODUCTS Evidence Supplies-Form, Pad, Tape & Brush 207.97 01 General Fund ARROWHEAD FORENSIC PRODUCTS Evidence Supplies-Print Powder, Applicator 410.82 01 General Fund ARROWHEAD FORENSIC PRODUCTS Fingerprint Tape for Evidence 70.20 01 General Fund ASURE SOFTWARE, INC.Software as a Service RS-INTSEC-OD 8/1/18-7/31/19 2,979.76 01 General Fund BILLING DOCUMENT SPECIALISTS 19-0007 126.75 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial St 5, broom, towel, detergent 701.93 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, St. 3, detergent, cleaner, towels 463.86 01 General Fund BROWNELLS Firearms Parts 576.20 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC AC Compressor for Unit # 143 627.98 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Diagnose Engine Light & Tune up Unit # 141 460.26 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Front Brakes for Unit # 155 398.78 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Rear Brakes for Unit # 162 423.93 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 1 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 101 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 102 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 150 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 30 54.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 52 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Re-Replace Coolant Hose for Unit # 140 2.81 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Repair Electronics box, Rear Radar Ant., Driver Seat #525 324.28 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Repair Roof/Rain Leak Unit # 140 124.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replace Exhaust Manifold, Catalytic Conv, Bent Wheel #155 1,675.05 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replace Seat Button Cushion and MDT Stand # 524 263.08 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC tires for fleet truck 33 - license C19245 1,468.19 01 General Fund BUCKS BAGS INC 220/1 royal,1 yellow,1 orange rope bag per station 425.00 01 General Fund BUCKS BAGS INC 220/15 Rit Bags 3,600.00 01 General Fund BUCKS BAGS INC 220/8 Wildland Fire Hose packs, each engine & reserve engine 640.00 01 General Fund BUILDERS FIRSTSOURCE 220/lumber for training purposes 395.28 Date: 10/25/18 12:53:27 PM Page: 1Meridian City Council Meeting Agenda November 7, 2018 – Page 305 of 520 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 CABLE ONE #112461900 City Hall cable service 10/16/18-11/15/18 42.00 01 General Fund CALLBACK STAFFING SOLUTIONS, LLC Support plan Less than 100 Users 39.99 01 General Fund CDW GOVERNMENT Axiom 65W AC Adapt F/MS Surface 54.96 01 General Fund CHARLIE BUTTERFIELD Per Diem: C. Butterfield, Trauma Conf., Sun Valley ID,165.00 01 General Fund CHASE CHRISTOPHER Per Diem: C. Chrstopher, Trauma Conf., Sun Valley ID, 11/1- 165.00 01 General Fund CIVIL SURVEY CONSULTANTS 18-0502 Professional Services during the period 9/1/18-9/30/ 3,775.00 01 General Fund COMMAND SOURCING INC 5 Helmets for Use with Wrap Restraints 463.88 01 General Fund D & B SUPPLY credit on trucks 33 & 34 transfer tank repair parts (50.40) 01 General Fund D & B SUPPLY hitch for truck 33 & 34; miscellaneous bolts & washers 366.44 01 General Fund D & B SUPPLY nuts, bolts, straps for Lanark Parks Shop - qty 47 202.13 01 General Fund D & B SUPPLY return & replace hitch for truck 33 - qty 1 30.00 01 General Fund D & B SUPPLY trucks 33 & 34 transfer tank repair parts - qty 5 171.95 01 General Fund ELI DANIEL Reimburse, E. Daniel, mileage reimbursement, 8/8/18-10/18/18 10.80 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Cradle Point installation VIN 6137342 #6 319.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Install External Radio Speaker 76.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Install magnetic Mic Clip 71.95 01 General Fund EVENT RENT Cotton Candy Machine Rental for United Way 2018 55.00 01 General Fund FISHER SCIENTIFIC 19-0089 220/15 SCBA bottles 7,791.91 01 General Fund GARRETT WHITE Reimburse, G. White, mileage, 9/24/18-10/23/18 28.34 01 General Fund GEM STATE PAPER & SUPPLY CO soap, cleaner, urinal deodorizer, toilet paper spindle x 32 281.98 01 General Fund GIESLER AUTO REPAIR door repairs for fleet truck 31 - license C20103 371.60 01 General Fund GIESLER AUTO REPAIR fleet truck 33 oil change & servicing - license C19245 44.57 01 General Fund GIESLER AUTO REPAIR fleet truck 4 repairs - license C9767 924.86 01 General Fund GRANVILLE STARK Per Diem: G. Stark, Trauma Conf., Sun Valley ID, 11/1-1 165.00 01 General Fund HILLARY BLACKSTONE Per Diem: Hillary Blackstone, Nat. Historic Preservation Con 266.00 01 General Fund HOME DEPOT CREDIT SERVICES Tools for Station #4 328.42 01 General Fund HOME DEPOT CREDIT SERVICES Tools for Station #4 - see remaining balance for tools 1,058.93 01 General Fund HUMIDIFIRST CO Air Filters for PD Admin Maintenance FY2019 1,106.48 01 General Fund IDAHO POWER 2205054725, Police Power October 2018 -3,138.81 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice 196.41 01 General Fund IDAHO PRESS-TRIBUNE Legal Notices 397.21 Date: 10/25/18 12:53:27 PM Page: 2Meridian City Council Meeting Agenda November 7, 2018 – Page 306 of 520 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO STATESMAN Legal Notice for 2004 Lexue VIN#029406 Sept. 2018 publicatio 106.93 01 General Fund INTERMOUNTAIN COMMUNICATIONS Portable Radio Repair 470.00 01 General Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas October 2018 -1,069.02 01 General Fund INTERNATIONAL CODE COUNCIL 2012 IRC I-Quest program for Plan Review Rachael Beierle 151.00 01 General Fund INTERNATIONAL CODE COUNCIL 2017 NEC Reference book for inspectors 202.00 01 General Fund JARED CARLISLE Per Diem: J. Carlisle, Trauma Conf., Sun Valley ID, 11/1- 165.00 01 General Fund JAYKER WHOLESALE NURSERY 19-0038 trees for Pine Avenue - qty 59 14,293.45 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Annual Fire alarm monitoring, Fire safety center 91.66 01 General Fund KAREN WOODDELL Reimburse K. Wooddell for AP invoice folder lables 34.99 01 General Fund KELLER ASSOCIATES, INC.PO 18-0509 Electrical Plan Review by Keller 2,980.30 01 General Fund L.N. CURTIS AND SONS 18-0371 220/2 jackets, 5 job shirts 600.00 01 General Fund L.N. CURTIS AND SONS 18-0523 220/10 ratchet straps 776.22 01 General Fund L.N. CURTIS AND SONS 220/repair Hurst extrication equipment - labor only 522.00 01 General Fund LAERDAL MEDICAL CORP 220/ Medical vacuum connector, 10 pk 23.20 01 General Fund LISA JOHNSON COUNSELING AND CONSULTING, LLC Crisis Debriefs 822.50 01 General Fund LISA JOHNSON COUNSELING AND CONSULTING, LLC Mental Health Stress Critical Incident Counseling 125.00 01 General Fund M3 ID EGGERS TREEFARM LLC.Refund: Surety-2018-0080, Tree Farm Sub. No 2,243,964.75 01 General Fund MARCUS TRUJILLO Refund: receipt # 2003314.002, old acct credit never used, r 318.00 01 General Fund MERIDIAN PHARMACY 220/25, Morphine Sulfate, medical 28.27 01 General Fund MINUTEMAN, INC.220/repair door handle, St. 5 329.95 01 General Fund MOUNTAIN HOME AUTO RANCH 19-0040 New CID Vehicle 29,587.00 01 General Fund NATURES CHOICE Settlers Park pond algae treatment 275.00 01 General Fund OFFICE DEPOT, INC.Bandaid Flexible Astd, 10 6.33 01 General Fund OFFICE DEPOT, INC.calendars, planners, sharpies, pens, deskpad, paper cutter 172.95 01 General Fund OFFICE DEPOT, INC.Dispenser, 50/Bx Tripanti 11.08 01 General Fund OFFICE DEPOT, INC.Dispenser, Popup, Steel T 5.91 01 General Fund OFFICE DEPOT, INC.highlighters, Received stamp 73.87 01 General Fund OFFICE DEPOT, INC.Labels for Annual City Employee Meeting 13.48 01 General Fund OFFICE DEPOT, INC.pens, paper (4 cases)175.12 01 General Fund OFFICE DEPOT, INC.post-it notes 5.83 01 General Fund OFFICE DEPOT, INC.Reels, Carabiner, Badge, 4/ Pen, BP, Blpt, Rcyld, Med, D, B 189.74 Date: 10/25/18 12:53:27 PM Page: 3Meridian City Council Meeting Agenda November 7, 2018 – Page 307 of 520 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund OFFICE DEPOT, INC.return of paper cutter ref inv#216362085001 (29.60) 01 General Fund OFFICE TEAM 18-0318 w/e 9/28 John Hale Contract Labor Records Retention 536.21 01 General Fund OFFICE TEAM 19-0067 W/E 10/05 John Hale Contract Labor Records Retention 591.68 01 General Fund OFFICE TEAM 19-0067 w/e 10/12 John Hale Contract Labor Records Retention 443.76 01 General Fund OFFICE TEAM 19-0067 w/e 10/19 John Hale Contract Labor Records Retention 517.72 01 General Fund OFFICE TEAM Temp Employee - Lisa Florenzeh week ending 10/12/18 534.49 01 General Fund OVERHEAD DOOR COMPANY Repair SallyPort Door 95.00 01 General Fund PARACLETE K-9 SWAT Training-Working with K9's 1,800.00 01 General Fund PERFORMANCE LEADERSHIP INSTITUTE, INC. Randall Goodspeed, Effective Leadership Training, Meridian I 295.00 01 General Fund POWER SYSTEMS WEST 220/ annual generator mtnc St. 5 279.80 01 General Fund POWER SYSTEMS WEST 220/annual generator mtnc st. 2 208.00 01 General Fund POWER SYSTEMS WEST 220/annual generator mtnc St. 3 208.00 01 General Fund PRECISE DIGITAL LLC 18-0440 Replacement of Video System 799.50 01 General Fund PREMIER SIGNS 220/change logo to Dep Ch on MF044 97.30 01 General Fund PREMIER SIGNS Bower Street sign 9/28/18 120.00 01 General Fund PUBLIC AGENCY TRAINING COUNCIL Training Registration for Leslie & Strolberg Evidence Room 590.00 01 General Fund ROCKY MOUNTAIN AUDIO VISUAL 220/towing of cars for extrication training - equipment 35.00 01 General Fund ROCKY MTN TOWING 220/towing of cars for extrication training - equipment 140.00 01 General Fund SADIE JESSOP BEAGLEY 220/sew on patches and stripes, uniform 73.00 01 General Fund SETCOM Repair SetCom Mic on Motor 115.89 01 General Fund STEELMAN PLUMBING 220/ST. 2 toilet repair 152.50 01 General Fund STEELMAN PLUMBING repair women's restroom water leak at Homecourt 222.50 01 General Fund STEELMAN PLUMBING unclog women's restroom sinks at Homecourt 90.00 01 General Fund SW IDAHO FIRE & EMS CHIEFS ASSOCIATION 220/SWIDFC Dues for FY 2019, 7 members 1,925.00 01 General Fund SYNCB/AMAZON 220/ 4 tactical pocket knives, equipment 31.96 01 General Fund SYNCB/AMAZON 220/2 floor mats 59.90 01 General Fund SYNCB/AMAZON 220/coffee filters 58.95 01 General Fund SYNCB/AMAZON 220/coffee makers, St. 1 & St. 4 72.30 01 General Fund SYNCB/AMAZON 220/credit - refund for lost item, #6745050 (23.97) 01 General Fund SYNCB/AMAZON 220/hazmat tape for decon sinks 24.33 01 General Fund SYNCB/AMAZON Art Explosion Amazon.com Refund (99.00) 01 General Fund SYNCB/AMAZON batteries, 3-mo planning calenar, sponges 128.84 01 General Fund SYNCB/AMAZON canned air 16.60 Date: 10/25/18 12:53:27 PM Page: 4Meridian City Council Meeting Agenda November 7, 2018 – Page 308 of 520 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund SYNCB/AMAZON digital lock safe for CC and vehicle keys 68.99 01 General Fund SYNCB/AMAZON First Aid Kits for Inspector vehicles 43.74 01 General Fund SYNCB/AMAZON Hat and coat racks for Inspection area 34.99 01 General Fund SYNCB/AMAZON Ladder ball games for Wellness Prize Closet 89.97 01 General Fund SYNCB/AMAZON Lawn Bowling games for Wellness Prize Closet 59.90 01 General Fund SYNCB/AMAZON office supplies Plan Review area 46.04 01 General Fund SYNCB/AMAZON office supplies Plan review area, Ice scrapers inspector veh 196.79 01 General Fund SYNCB/AMAZON pens for lobby and calendar for Amanda McNutt 11.98 01 General Fund SYNCB/AMAZON Return of ShoreTel ShorePhone BB 24 (195.00) 01 General Fund SYRINGA NETWORKS, LLC 19-0024 Dark Fiber (4 strands)1,150.00 01 General Fund SYRINGA NETWORKS, LLC Internet B/W (100MB)790.00 01 General Fund T-ZERS SHIRT SHOP 220/print furnished stock, qty 29 273.00 01 General Fund T-ZERS SHIRT SHOP Clothing for Inspectors 1,853.63 01 General Fund TEAM MAZDA SUBARU 19-0081 New Unit for CID Unit #25 25,306.00 01 General Fund THE UPS STORE Postage to Send Evidence to Lab 47.54 01 General Fund TONY CHANCE Reimburse, T. Chance, Education Assist, Fire Science Mngt. 860.00 01 General Fund TRANSUNION RISK & ALTERNATIVE DATA SOLUTIONS TLOxp Charges & Credits 40.64 01 General Fund UNIFORMS 2 GEAR PT Uniform for POST - Littleton 74.25 01 General Fund UNION PACIFIC RAILROAD CO 19-0023 Monthly Rent of South Parking Lot, November 2018 1,864.16 01 General Fund USSSOA 19-0051 Flag Football officiating 10/1-10/5/18 - qty 8 games 633.36 01 General Fund USSSOA 19-0051 Volleyball officiating 10/1-10/5/18 - qty 58 games 1,265.71 01 General Fund VICTORIA WRIGHT Refund: receipt # 2003107.002, cancelled soccer camp due to 27.99 01 General Fund VIKING INDUSTRIAL SYSTEMS pressure washer repair 590.16 01 General Fund VLCM 19-0022 ShoreTel 1 Yr Spprt-No Phones 11,074.47 01 General Fund VLCM HPE Aruba IAP 315 Instant AP Access Points 3,223.44 01 General Fund WHITETAIL REAL ESTATE PHOTOGRAPHY History Photos for HPC Collection 50.00 01 General Fund WHITETAIL REAL ESTATE PHOTOGRAPHY photos of historic property: 3235 N Mcdermot 50.00 01 General Fund WHITETAIL REAL ESTATE PHOTOGRAPHY Professional photos of historic property 50.00 01 General Fund WHITETAIL REAL ESTATE PHOTOGRAPHY Property Photos for HPC 50.00 Date: 10/25/18 12:53:27 PM Page: 5Meridian City Council Meeting Agenda November 7, 2018 – Page 309 of 520 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 XEROX CORPORATION - PASADENA BOW-588861 220/copier charges, Sept 2018 636.13 01 General Fund ZONES 18-0533 Microsoft Extended Hardware Service Plan Extended Se 2,125.00 01 General Fund ZONES 18-0533 Microsoft Surface Pro LTE Tablet 5,785.00 01 General Fund ZONES 18-0553 Microsoft Surface Pro - 12.3 Core i5 7300U 8GB Ram 16,310.25 Total 01 General Fund 423,460.46 07 Impact Fund FISHER SCIENTIFIC 19-0089 220/15 SCBA bottles 8,905.04 07 Impact Fund HOME DEPOT CREDIT SERVICES 220/Credit for tax charged on 9022820 (21.36) 07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E-36 Equipment, low profile intake valve 777.78 07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/adapter, E36 200.65 07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E-36 Equipment 10,211.50 07 Impact Fund STRATA, INC.18-0306 materials testing for Discovery Park 9/5-9/30/18 3,415.00 07 Impact Fund STRATA, INC.220/Ground water monitoring, Fire Station 6 property 125.00 Total 07 Impact Fund 23,613.61 20 Grant Fund governmental CITY OF BOISE PLANNING & DEVELOPMENT SERVICES 18-0528-CDBG Labor-R.Avery and L.Garza 1,719.96 Total 20 Grant Fund governmental 1,719.96 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 18-0340 Change Order 5 to Task Order 10680.A, Scada System 196.20 60 Enterprise Fund ALAN & DANA ZEUNEN Refund: wat/sewer/trash, #03900162-04, 5235 N Toscana Ave 261.96 60 Enterprise Fund ANALYTICAL LABORATORIES INC.18-0366 Micro Biological Sampling Qty 106 1,611.20 60 Enterprise Fund ASSOC OF IDAHO CITIES Registration for LMcVey to attend AIC Water Academy 11/2/18 125.00 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 19-0007 8,983.29 60 Enterprise Fund BOBBY'S TRANSMISSION Transmission service; milky oil in front differential C18640 155.66 60 Enterprise Fund BROWN & CALDWELL 118-0284,WRRF Headworks Upgrades,Eng service 8/24-9/30/18 32,242.60 Date: 10/25/18 12:53:27 PM Page: 6Meridian City Council Meeting Agenda November 7, 2018 – Page 310 of 520 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund BROWN & CALDWELL 17-0118,WRRF Facility Plan Update FY2017, 8/24-9/30/18 6,527.00 60 Enterprise Fund BROWN & CALDWELL 18-0065,WRRF Cap Exp.engineer services 8/24-9/30/18 29,248.73 60 Enterprise Fund BUTTE FENCE, INC 18-0426 Install of Security Fence @ Well 25 15,853.00 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0384,WRRF Upgrades Headworks,enineering thru 9/28/18 5,869.80 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0070,WRRF Cap Exp.PCL Software Integration thru 9/28/18 441.42 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0180 New programming of laptop for SCADA Administrator 12,827.12 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0462,SCADA System Upgrades design thru 9/28/18 12,936.99 60 Enterprise Fund CHALLENGER COMPANIES, INC.Labor to disconnect & connect existing blower bldg 304.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS No PO, Franklin Rd. Interconnect w/Suez survey service 1,034.32 60 Enterprise Fund CSS GROUP Digline Translore Monthly Service Fees 8/1 to 8/31/18 228.20 60 Enterprise Fund CSS GROUP FY18 Digline Translore Monthly Service Fee 9/1 to 9/31/18 185.00 60 Enterprise Fund D & B SUPPLY Brass Plt Reset Combo @ Well 30 Gate Qty 1 16.99 60 Enterprise Fund D & B SUPPLY Coveralls for EMunoz & WMusick plus hi-vis rain bibs 306.97 60 Enterprise Fund D & B SUPPLY Hi Vis Waterproof Bibs & Waterproof Jacket E. Hughes & C. Am 333.96 60 Enterprise Fund D & B SUPPLY Hi Vis Waterproof Jacket, Hi Vis Waterproof Pant S. Browen 149.98 60 Enterprise Fund D & B SUPPLY Hi-vis rain bibs for EMunoz 66.99 60 Enterprise Fund D & B SUPPLY RTV Silicone Clear Qty 2 17.98 60 Enterprise Fund D & B SUPPLY Safety Boot for L. Davis Qty 199.99 60 Enterprise Fund D & B SUPPLY Safety Boot J. Magana Qty 1 148.49 60 Enterprise Fund D & B SUPPLY Safety, Lg High Vis Rain Jacket M. Anderson, Equip Diagnol 116.98 Date: 10/25/18 12:53:27 PM Page: 7Meridian City Council Meeting Agenda November 7, 2018 – Page 311 of 520 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 D & B SUPPLY Sledge hammer, rope & sidewalk scrapper (3 qty)50.97 60 Enterprise Fund DUBOIS CHEMICALS INC 19-0016 Ferric Chloride (43,480#)7,709.00 60 Enterprise Fund DUBOIS CHEMICALS INC 19-0017 Defoamer tote (2,200#)2,640.00 60 Enterprise Fund EXECUTRAIN OF IDAHO Registration for GHarris & TParks to attend Excel Beyond 522.00 60 Enterprise Fund FASTENAL COMPANY Bolts & Tap (11 qty)17.19 60 Enterprise Fund FASTENAL COMPANY Nuts (150 qty)15.01 60 Enterprise Fund FERGUSON ENTERPRISES INC.Blue Teflone Tape Qty 5 30.10 60 Enterprise Fund FERGUSON ENTERPRISES INC.Tube Bender Qty 1 40.15 60 Enterprise Fund FISHER SCIENTIFIC Gram decolorizer (1 pkg)65.97 60 Enterprise Fund FISHER SCIENTIFIC Microscope slides (1 GR)58.39 60 Enterprise Fund FISHER SCIENTIFIC Potassium sulfate 92.41 60 Enterprise Fund GARY & MARNI ALLEN Refund: wat/sewer/trash, #36361124-05, 2833 S. Andros Way, 58.35 60 Enterprise Fund GEM STATE ELECTRIC Dielectric oil for tertiary influent pumps (5 qty)160.75 60 Enterprise Fund GRANITE EXCAVATION, INC 17-0203, Sewer Main Replacement Construction - East Washingt 630.00 60 Enterprise Fund HACH COMPANY Ammonia chloride buffer (2 qty)143.15 60 Enterprise Fund HARRINGTON INDUSTRIAL PLASTICS 100ft Coil Tubing Qty 100 543.36 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Wood, pre-mix fuel & shovel (6 qty)75.25 60 Enterprise Fund HONSINGER LAW 18-0303,Water Rights Housekeeping FY18 as of 9/30/18 320.00 60 Enterprise Fund HYDRO LOGIC INC 18-0337 Change Order 2 - Task Order 10625.a - Well 15 Recons 1,275.00 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice 200.80 Date: 10/25/18 12:53:27 PM Page: 8Meridian City Council Meeting Agenda November 7, 2018 – Page 312 of 520 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 IDAHO PRESS-TRIBUNE Legal Notice for FY19 Fee Rate Increase 1,071.49 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Publication: Sole Source 63.48 60 Enterprise Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas October 2018 -2,526.54 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER AA & AAA batteries (6 pkg)54.40 60 Enterprise Fund IRWA Water Cert Review I & II, J. Magana, S. Browen, C. Ambroz, E 1,140.00 60 Enterprise Fund JUB ENGINEERS 17-0151, Water Main Replacement Rose Circle - SW 1st ST to S 750.60 60 Enterprise Fund JUB ENGINEERS 18-0245,W.Idaho watermain design 7/29-9/30/18 4,773.60 60 Enterprise Fund JUB ENGINEERS 18-0276, CO1 to FY18 On Call Master Plan Support Services TO 2,919.80 60 Enterprise Fund JUB ENGINEERS 18-0385,Well 22 water treatment serices 9/2-9/30/18 2,588.70 60 Enterprise Fund JUB ENGINEERS 18-0434, CO1 - Construction Services Task Order Black Cat Tr 2,242.43 60 Enterprise Fund JUB ENGINEERS 18-0437 Task Order 10559 Design N Lark Pl Water Main Replace 8,772.86 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0103,S.Meridian/Linder Sewer Trunk design 9/1-9/30/18 14,382.50 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0304,Well 32 Eng services 9/1-9/30/18 1,773.75 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs 9/1-30/18 Baraya Apts 7 sheets 1,820.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs 9/1-30/18 Bountiful Cmns#1; 3 sheets 780.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs 9/1-30/18 Maverik-Fairview 1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs 9/1-30/18 Oberg Sub 2 sheets 520.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs 9/1-30/18 Pine 43 offsite C-411; 1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs 9/1-30/18 Stonemont Sub 1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svs 9/1-30/18 Hill's Century #11; 4 sheets 1,040.00 Date: 10/25/18 12:53:27 PM Page: 9Meridian City Council Meeting Agenda November 7, 2018 – Page 313 of 520 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 MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrades inspection 9/17-9/30/18 4,352.00 60 Enterprise Fund MICHAEL & KATY BJORUM Refund: wat/sewer/trash, #30306006-02, 1033 S. Spoonbill Ave 100.00 60 Enterprise Fund MICHAEL MATZEK & MMCOM LLC.Refund: wat/sewer/trash, #05980001-02, 6360 N. Saguaro Hills 155.16 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0218 TO 10704.A - WRRF BRO Pump Station Design, thru 9/28 4,222.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0530 Corrosion Control Treatment Report FY18 4,395.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC Consulting for 5 Mile Creek Flume assistance 1,500.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Adhesive bandage & anibiotic ointment plus HVAC filters (14) 90.90 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Bollards for air exchange near BRO & UV Bldgs (4 qty)512.40 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Brass nipple for PSI washer on Maintenance truck C9868 7.96 60 Enterprise Fund NAPA AUTO PARTS Fuel filters for diesel tank-not vehicles (2 qty)18.58 60 Enterprise Fund NATHAN GIER Per Diem: N. Gier, HVAC course, Salt Lake City UT, 11/6/18-1 140.00 60 Enterprise Fund NICHOLAS ROMANS Refund: wat/sewer/trash, #04703210-02, 418 W. Valentino St., 43.27 60 Enterprise Fund NORCO Compressed Oxygen Qty 1 38.29 60 Enterprise Fund NORCO High Vis Sweatshirt Qty 6 135.00 60 Enterprise Fund OFFICE DEPOT, INC.calendars, planners, sharpies, pens, deskpad, paper cutter 85.96 60 Enterprise Fund OFFICE DEPOT, INC.Carabiners, highlighters, clips 26.75 60 Enterprise Fund OFFICE DEPOT, INC.Credit for item not received (9.79) 60 Enterprise Fund OFFICE DEPOT, INC.Flags, didn't receive getting a credit 9.79 60 Enterprise Fund OFFICE DEPOT, INC.Ink refills, mech pencils 9.56 60 Enterprise Fund OXARC, INC.19-0010 Sodium Hypochlorite Delivery Qty 500 857.00 Date: 10/25/18 12:53:27 PM Page: 10Meridian City Council Meeting Agenda November 7, 2018 – Page 314 of 520 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 PIPELINE INSPECTION Labor for chemical grout injection to stop inflitration (6)4,225.00 60 Enterprise Fund PLATT ELECTRIC SUPPLY ATR3-420 24L-Fl Qty 1 312.19 60 Enterprise Fund PLATT ELECTRIC SUPPLY Crimps for centrifuge 1, dewatering bldg (11 qty)33.66 60 Enterprise Fund PLATT ELECTRIC SUPPLY Fuses (5 qty)4.00 60 Enterprise Fund PLATT ELECTRIC SUPPLY Non-reversing contactor to repair screw conveyor 2 motor 421.83 60 Enterprise Fund POLLARDWATER.COM Generac Portable Generator Qty 1 2,550.00 60 Enterprise Fund POSTNET Backflow Letters Qty 31 49.35 60 Enterprise Fund POSTNET Postage & Mailing for Backflow Letters Qty 78 156.69 60 Enterprise Fund PROMIUM, LLC.Element, LIMS Annual Maintenance for the period of 11/1/18-1 4,425.00 60 Enterprise Fund RAYMOND C. BLAISDELL JR. & PAMELA J. BLAISDELL Refund: wat/sewer/trash, #04704110-03, 5409 N. Mitchum Ave., 53.94 60 Enterprise Fund RED WING SHOES Safety Toe Boot A. Wilch Qty 1 162.79 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Disposal of wood/chips/sawdust (1 yd)7.00 60 Enterprise Fund SCHINDLER ELEVATOR CORP Service agreement for Admin & Lab elevators 4,358.40 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Traffic control for cleaning sewer main on Black Cat Road 1,323.55 60 Enterprise Fund STRATA, INC.18-0417,WEll 22 water treatment,inspection as of 8/21/18 1,290.60 60 Enterprise Fund SYNCB/AMAZON Badge Key Belt Clips Qty 2 33.56 60 Enterprise Fund SYNCB/AMAZON Book for Kathi Buttars 87.52 60 Enterprise Fund SYNCB/AMAZON Coffee pots for Collections (3 qty)43.98 60 Enterprise Fund SYNCB/AMAZON Credit Refund for return Lap Top Car Charger & Ac Adapter Qt (41.98) 60 Enterprise Fund SYNCB/AMAZON pens for lobby and calendar for Amanda McNutt 14.38 Date: 10/25/18 12:53:27 PM Page: 11Meridian City Council Meeting Agenda November 7, 2018 – Page 315 of 520 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund SYNCB/AMAZON Rubber door stoppers for Collections bldg (1 pkg)14.44 60 Enterprise Fund SYNCB/AMAZON Running Boards for Vehicle C20535 Qty 1 131.00 60 Enterprise Fund SYNCB/AMAZON Safety Boot T. Parrish Qty 1 167.76 60 Enterprise Fund SYNCB/AMAZON Surface Pro case B.Freckleton-r'cvd 10/5/18 25.69 60 Enterprise Fund T-O ENGINEERS, INC 18-0470,WRRF Post Aeration Study services 9/1-9/30/18 2,750.00 60 Enterprise Fund T-ZERS SHIRT SHOP Logo embroidery on hi-vis clothing for WMusick (9 qty)54.00 60 Enterprise Fund TERRACON CONSULTANTS 18-0327,WEll 32 consulting services thru 9/29/18 1,025.00 60 Enterprise Fund THE UPS STORE NPDES sample shipping 112.55 60 Enterprise Fund USA BLUEBOOK Adjustable Hydrant Wrench Qty 1 55.95 60 Enterprise Fund USA BLUEBOOK Female Coupler Qty 1 74.95 60 Enterprise Fund USA BLUEBOOK Female Nipple, Hach Sulfide Set, Chlorine Analyzer Qty 6 4,440.09 60 Enterprise Fund USA BLUEBOOK Hach Sulfide, Hach Wide Range H 81.84 60 Enterprise Fund USA BLUEBOOK Inverted Paint Blue, Green, Hach DPD Qty 7 365.58 60 Enterprise Fund USA BLUEBOOK Meter Gasket, Chlorine Sensor, PVC Needle Valve Qty 23 2,247.75 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB570607 b/w (546 qty) & color (1,342 qty) images 69.83 Total 60 Enterprise Fund 240,855.54 Report Total 689,649.57 Date: 10/25/18 12:53:27 PM Page: 12Meridian City Council Meeting Agenda November 7, 2018 – Page 316 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 6 T Project File Number: Item Title: AP Invoices for Payment 11/8/18 - $1,095,093.35 Meeting Notes: Cri APPROVED I TEM SHEET C ouncil Agenda I tem - 5.T. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 11/8/18 - $1,095,093.35 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 11/1/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/1/2018 - 9:18 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 317 of 520 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A-1 STAMP & MABEL'S LABELS Name plates for Chambers- Stephanie Leonard, Patricia Matthe 30.00 01 General Fund A-1 STAMP & MABEL'S LABELS silver name badges-S.Leonard & C.Hood 20.00 01 General Fund A-CORE OF BOISE, INC.Chateau Park wall cutting for ADA compliance 715.00 01 General Fund A-CORE OF BOISE, INC.Settlers Park wall cutting for ADA compliance 645.00 01 General Fund ABILA, INC 19-0103 MIP Fund Accounting 12,512.00 01 General Fund ACROSS THE STREET PRODUCTIONS 220/online training Coltrin 346.50 01 General Fund ACROSS THE STREET PRODUCTIONS 220/online training, Bayless,Cole,Jones,Mason,Moriaty 1,732.50 01 General Fund ACROSS THE STREET PRODUCTIONS 220/Train the Trainer Course, B.Campbell, Feb 2019 4,500.00 01 General Fund AMY MERRILL instructor fee-Ballet,Lyrical,HipHop,Contemporary 9/10-10/16 440.00 01 General Fund ANALYTICAL LABORATORIES INC.Settlers Linden & Ash tree soil testing 650.00 01 General Fund B&W WRECKER SERVICE Vehicle Tow-Fatal Accident 18-7151 300.00 01 General Fund BARRY EQUIPMENT & RENTAL cutting edge bolts, nuts for tool on bobcat bucket 164.07 01 General Fund BOE - Boise Office Equipment Copies & Newsletter printing 9/22/18-10/21/18 2,069.91 01 General Fund BOISE MOBILE EQUIPMENT, INC Remove Radio for Repair & Remove Lights Unit # 27 270.00 01 General Fund BRIAN SCHREINER instructor fee - Fine Art Acrylic Painting 9/4-10/16/18 x 5 224.00 01 General Fund BRIGHTON PROPERTIES, LLC Refund: A-2018-0309, ALT Compliance fee not required, 160.00 01 General Fund C15 LLC.Refund: Release Performance Surety-2018-0088, Verado Sub #2 61,716.73 01 General Fund Campbell Tractor Co.Duplicate Payment, reference #N96636 & N96748 (299.85) 01 General Fund Campbell Tractor Co.fuel filter parts for equipment - qty 3 104.80 01 General Fund Campbell Tractor Co.John Deere 1445 broom wheels - qty 3 188.43 01 General Fund Campbell Tractor Co.screws for mower - qty 80 29.84 01 General Fund CANYON TRUCK UPFITTERS hitch replacement for fleet truck 33 - license C19245 357.75 01 General Fund CDW GOVERNMENT 19-0044 Quantum Bronze Sup Yr Z1 DXI4700 16,800.00 01 General Fund CDW GOVERNMENT RSA Auth Mgr Mnt Bas/Ext 1 Mo 30-100 1,377.00 01 General Fund CENTRAL DISTRICT HEALTH DEPT 2019 concessions permit for Kleiner Park 125.00 01 General Fund CENTRAL DISTRICT HEALTH DEPT 2019 concessions permit for Settlers Park 125.00 01 General Fund CHASE CHRISTOPHER Reimburse C. Christopher, used persaonl card for registation 630.00 01 General Fund CINTAS Lanark Parks Shop medical cabinet supplies - qty 17 134.01 01 General Fund CINTAS safety gloves - qty 4 266.32 01 General Fund CLOVERDALE NURSERY sand for Kleiner Park tree plantings - qty 36 cu yds 9.00 01 General Fund COMMITTED CASEWORKS AND EVENTS, LLC 2018 Trunk or Treat stage & dance floor lights 800.00 01 General Fund COMPUNET 18-0498 F5 Project, Service Ticket #504836 1,600.00 Date: 11/1/18 09:06:06 AM Page: 1Meridian City Council Meeting Agenda November 7, 2018 – Page 318 of 520 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 CREATIVE SERVICES FOR NEW ENGLAND Promotional Stickers for Community Events 503.95 01 General Fund CUSTOM IMAGE, LLC uniform t-shirts & hoodies w/logos - qty 12 homecourt staff 323.10 01 General Fund D & A DOOR & SPECIALTIES, INC.door repairs for Kleiner Park 360.00 01 General Fund D & B SUPPLY Dog Food for K9 Arco 99.71 01 General Fund DELL MARKETING L.P.VLA Acrobat Pro DC 2017 License MLP Universal English Perpet 972.63 01 General Fund EMILY GULL instructor fee - Preschool Fun/Plus 9/11-10/l17/18 - qty 24 742.40 01 General Fund FASTENAL COMPANY drill bit sets for various parks - qty 5 211.33 01 General Fund FASTENAL COMPANY zip ties & sticky tabs for Christmas decor - qty 3,000 190.10 01 General Fund FEDEX Background for Out of State Applicants M. Latham & R. McKell 149.12 01 General Fund GIESLER AUTO REPAIR fleet truck 33 brakes & bearings - license C19245 633.53 01 General Fund GIESLER AUTO REPAIR fleet truck 34 repairs - license C13242 1,390.84 01 General Fund GLASS DOCTOR new windshield for fleet truck 33 242.90 01 General Fund GLASS DOCTOR new windshield for fleet truck 34 247.73 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Drawing the Portrait 9/6-10/11/18 - qty 4 320.00 01 General Fund H.D. FOWLER COMPANY credit on irrigation parts for Tully mainline project x 21 (1,278.53) 01 General Fund H.D. FOWLER COMPANY irrigation backflow union for Bear Creek Park - qty 1 41.00 01 General Fund H.D. FOWLER COMPANY irrigation part for Tully Park mainline repair - qty 1 7.02 01 General Fund HILL PHOTOGRAPHY STUDIO LLC Command Staff Photos 190.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/22 ft ladder, training 209.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/training equip, T-hinge qty 6 40.62 01 General Fund HOME DEPOT CREDIT SERVICES 220/training, lockset, boards, strobe led light box 305.36 01 General Fund HOME DEPOT CREDIT SERVICES Brooms for Patrol Vehicles 88.53 01 General Fund HOME DEPOT CREDIT SERVICES brushes & buckets for ADA cleaning - qty 6 87.82 01 General Fund HOME DEPOT CREDIT SERVICES drill bit tip set - qty 1 4.97 01 General Fund HOME DEPOT CREDIT SERVICES General Supplies for Patrol Team 94.68 01 General Fund HOME DEPOT CREDIT SERVICES sika flex sealant for Settlers Park shop floor - qty 18 198.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards for Sheree Finch Hillary Bodner 92.50 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards, Tyler, Kari, Rachael 138.75 01 General Fund IDAHO POST ACADEMY Training Registration Cushing to Attend Instructor Training 300.00 01 General Fund IDAHO POST ACADEMY Training Registration for Vogt to Attend Instructor Training 300.00 01 General Fund IDAHO POWER Fire Department Power - October 2018 2,036.11 Date: 11/1/18 09:06:06 AM Page: 2Meridian City Council Meeting Agenda November 7, 2018 – Page 319 of 520 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO PRESS-TRIBUNE legal notice Authorizing the Conveyance of City Property to 91.30 01 General Fund IDAHO PRESS-TRIBUNE legal notice Non Discrimination Ord.79.22 01 General Fund IDAHO PRESS-TRIBUNE legal notice Sulamita Church, Franklin Storage, Buyrite Apar 73.26 01 General Fund IDAHO PRESS-TRIBUNE legal notice Summertown, Burlingame, Westbridge Sub.74.74 01 General Fund IDAHO PRESS-TRIBUNE legal notice Verado West 54.76 01 General Fund IDAHO STATE INSURANCE FUND Worker's Comp 7/1 - 9/30/18 125,429.28 01 General Fund IDAHO TRANSPORTATION DEPARTMENT Exempt plate renewal, VIN# 208425, 07 Toyota, C13197 23.00 01 General Fund INDEPENDENCE INDOOR SHOOTING Firearms Parts 80.00 01 General Fund INTERNATIONAL CODE COUNCIL 220/IFC Code Books, qty 8 1,073.12 01 General Fund INTERNATIONAL CODE COUNCIL Training/Reference Material for Inspector Certifications 19.45 01 General Fund IRRIGATION ASSOCIATION--CERTIFICATION 2019 CLIA dues for R Norberg 100.00 01 General Fund JAYKER WHOLESALE NURSERY Kleiner Park arboretum trees - qty 5 877.85 01 General Fund JAYKER WHOLESALE NURSERY plants for Settlers Park - qty 26 206.70 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP 220/Backflow mechanical & suppression, Fire Safety Center 129.00 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Backflow Meridian fire Sefety Center service Oct-Sept 128.80 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Service agreement sprinkler/fire alarm instection/testing 305.30 01 General Fund KENDALL FORD OF MERIDIAN Oil Change for Unit # 160 49.44 01 General Fund LARSON-MILLER, INC 220/Dispose medical waste 288.16 01 General Fund LAWN CO MAINTENANCE sprinkler repairs @ various sites; tree plant @ Sunnyslope 607.50 01 General Fund LEGACY FEED & FUEL Stihl hedge trimmers - qty 2 671.92 01 General Fund LIFEMED SAFETY, INC 220/repair 3 cardiac monitors, new faceplates 2,574.00 01 General Fund LOWE'S Batteris for Lic Plate Reader Camera 28.41 01 General Fund LOWE'S Pink marking spray paint for inspectors 115.23 01 General Fund M.D. WILLIS, INC.Court Reporting for October 2,564.00 01 General Fund MCDOWELLS SPECIALTY REPAIRS Repair Dent on Hood for Unit # 103 175.00 01 General Fund MCDOWELLS SPECIALTY REPAIRS Tint Front Windows for Unit # 19 50.00 01 General Fund MERIDIAN CHAMBER of COMMERCE Chamber Economic Excellence Breakfast, J. Borton 25.00 01 General Fund MERIDIAN CHAMBER of COMMERCE Chamber Economic Excellence Breakfast, R. Simison 25.00 01 General Fund MERIDIAN CHAMBER of COMMERCE Chamber Economic Excellence Breakfast, T. de Weerd 25.00 01 General Fund MINUTEMAN, INC.2006 padlocks for Fuller Park - qty 12 155.40 01 General Fund MINUTEMAN, INC.Fix Door @ Breakroom to Mens Locker Room 105.00 01 General Fund NAPA AUTO PARTS 220/shop supplies, ST. 3, polish 104.35 Date: 11/1/18 09:06:06 AM Page: 3Meridian City Council Meeting Agenda November 7, 2018 – Page 320 of 520 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 NAPA AUTO PARTS 220/Shop supplies, St. 4, sponde blue def, wash mitt, funnel 26.49 01 General Fund NAPA AUTO PARTS Rags for Clean up in Sallyport 29.99 01 General Fund NUTRIEN AG SOLUTIONS, INC.Sonar herbicide - qty 1,000 gallons 1,979.22 01 General Fund OFFICE DEPOT, INC.220/office supplies, sorter, pouches, pens, clips 48.45 01 General Fund OFFICE DEPOT, INC.Copy paper, pens, pads 10.78 01 General Fund OFFICE DEPOT, INC.crd holder,cards,leaflet holder,postits 37.76 01 General Fund OFFICE DEPOT, INC.envelopes, wall & desk calendars, badge reels, markers x 14 145.66 01 General Fund OFFICE DEPOT, INC.Heater, Ceramic 28.43 01 General Fund OFFICE DEPOT, INC.Keyboard and Mouse for CAU 23.79 01 General Fund OFFICE DEPOT, INC.paper - qty 2 22.52 01 General Fund OFFICE DEPOT, INC.postcards x qnty 2 17.48 01 General Fund OFFICE DEPOT, INC.tape, binder clips, paper clips, envelopes, & labels x 10 107.30 01 General Fund OFFICE DEPOT, INC.thumb drive - qty 1 49.99 01 General Fund OFFICE DEPOT, INC.wireless computer mouse 19.04 01 General Fund OFFICE VALUE - MERIDIAN Pens, Binder Clips, Moisteners, Toner, Forks, Spoons for PD 196.53 01 General Fund OKLAND CONSTRUCTION COMPANY, INC. Refund: Surety-2018-0057, TM Crossing Building #3, land 706.73 01 General Fund OLD BOISE PROPERTIES LP Reimburse: 1/3 cost of VBRO, Boston, ULI Conf., C. Arial 769.67 01 General Fund OXARC, INC.220/refill 2 medical oxygen cylinders 16.30 01 General Fund PARKS BRONZE Ben Kleiner statue metal & patina repair 2,200.00 01 General Fund PATRICK & CO Pet License tags #9001-13500 1,782.00 01 General Fund PAUL'S MERIDIAN STINKER fleet truck 4 emissions test - license C9767 15.00 01 General Fund PITNEY BOWES CH Mail Machine supplies, tape rolls (3), ez seal box (4)1,427.93 01 General Fund PLATT ELECTRIC SUPPLY grounding lug for weather station - qty 1 4.16 01 General Fund Porter Lee Corporation Bar Code Labels for Evidence 125.86 01 General Fund POSITIVE CONCEPTS paper for ticket prints x qnty 3 cases 195.00 01 General Fund ROGERS TIRE PROS AND AUTO CARE trailer tire replacement 57.00 01 General Fund SIGNS, ETC ADA closed signs for restrooms - qty 16 240.00 01 General Fund SIGNS, ETC Remove Police/Crime Scene Graphics Unit # 29 180.00 01 General Fund SIGNS, ETC Update Signage for Recruitment Stand 116.00 01 General Fund SILVER CREEK SUPPLY Christmas lights - qty 12 163.97 01 General Fund SILVER CREEK SUPPLY Christmas lights - qty 254 2,897.06 01 General Fund SOUTHERN IDAHO ELECTRIC LED lighting upgrades at Bear Creek Park 1,432.50 01 General Fund SPECIALTY CONSTRUCTION SUPPLY caution tape - qty 2 24.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY traffic cones - qty 4 63.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY white striping paint - qty 12 53.88 Date: 11/1/18 09:06:06 AM Page: 4Meridian City Council Meeting Agenda November 7, 2018 – Page 321 of 520 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 STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF014 Repair Booster Reel Swivel leaking 417.80 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF019, adjust brakes 130.05 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF029, BR35, repair battery charger, engine smokes, back 1,063.32 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF041, repalce airhorn brake, door open alarm 291.80 01 General Fund SUNBELT RENTALS mini skidsteer rental for playground bark spreading 10/4-5 425.88 01 General Fund SYNCB/AMAZON HDMI Cable Braided Cord 4K HDMI 2.0 Ready-High Speed 27.98 01 General Fund SYNCB/AMAZON ONKRON Monitor Desk Mount for 23 to 32-inch LED LCD Flat Mon 112.38 01 General Fund SYNCB/AMAZON Prizes for Wellness Closet 2018 1,835.95 01 General Fund Tami J Leach instructor fee - Pickleball 101 9/20-10/11/18 - qty 6 288.00 01 General Fund TATES RENTS (GENERAL OFFICE)trencher rental for Blackstone Path edging at Fuller Park 320.00 01 General Fund THE UPS STORE Ground Commercial Tracking# 1ZE786060310443917 15.49 01 General Fund THE UPS STORE postage to mail TRC remote 10.62 01 General Fund THUNDER MOUNTAIN TENT & CANVAS 220/turnout repair John Overton 45.00 01 General Fund TRAUMA INTERVENTION PROGRAMS, INC 19-0104 FY19 Trauma Intervention Program 12,769.00 01 General Fund WEIDNER & ASSOCIATES 18-0383 220/structure boots, replacements 340.43 01 General Fund WW GRAINGER, INC 220/3 shower curtains, St. 3 48.33 01 General Fund WW GRAINGER, INC 220/batteries, tarps, bags 49.17 01 General Fund WW GRAINGER, INC 220/DEF, drum pump & drum dolly for St. 4 583.06 Total 01 General Fund 288,283.12 07 Impact Fund H.D. FOWLER COMPANY bolt kit & gaskets for 8 inch valve at Discovery Park x 4 31.26 07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E36 Equipment Fire hose 2,241.15 07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E36 equipment, attack hose, 1in 50ft 103.35 07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E36 equipment, intake valve PRV & bleeder 777.78 07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/smooth bore insert kit, E36 216.90 07 Impact Fund LUCKYDOG RECREATION 18-0251 pay #3 BP13 Discovery picnic shelter thru 7/31/18 26,896.21 07 Impact Fund MOTION & FLOW CONTROL PRODUCTS valve fitting for Discovery Park - qty 1 1.02 07 Impact Fund RAFTELIS 18-0454, FY18 Impact Fee Update, 9/1/18-9/30/18 6,980.00 Date: 11/1/18 09:06:06 AM Page: 5Meridian City Council Meeting Agenda November 7, 2018 – Page 322 of 520 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 07 Impact Fund 37,247.67 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC HVAC pleated filters (36 qty)133.20 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Reuse testing (6 tests) for Sept 2018 150.00 60 Enterprise Fund ANDRITZ SEPARATION, INC Redix for rebuild of centrifuge 1, dewatering bldg 4,920.60 60 Enterprise Fund BOE - Boise Office Equipment XKP547491 Copier Lease 10/1/18-10/31/18 275.80 60 Enterprise Fund BOE - Boise Office Equipment XKP547491 Copier Lease 7/1/18-7/31/18 275.80 60 Enterprise Fund BOE - Boise Office Equipment XKP547491 Copier Lease 8/1/18-8/31/18 275.80 60 Enterprise Fund BOE - Boise Office Equipment XKP547491 Copier Lease 9/1/18-9/30/18 275.80 60 Enterprise Fund BOE - Boise Office Equipment Yellow Toner for HP LJ 4700 non leased Printer 115.20 60 Enterprise Fund C. H. SPENCER Membrane Filter for Free CL2 Measrement Qty 1 260.00 60 Enterprise Fund C. H. SPENCER Parts to repair pump 5 at S. Black Cat lift station (3 qty)2,729.00 60 Enterprise Fund C15 LLC.Refund: Release Performance Surety-2018-0088, Verado Sub #2 45,652.31 60 Enterprise Fund COBALT TRUCK EQUIPMENT Labor & part to repair crane attached to Maintenance truck 314.65 60 Enterprise Fund COLE INDUSTRIAL, INC.Boiler gasket repair kits (2 qty)802.10 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY 480 V Panel Prot Qty 1 2,657.34 60 Enterprise Fund D & B SUPPLY FPT Adapters, Nerverink Hose, Brass Quick Connect Qty 6 47.94 60 Enterprise Fund D & B SUPPLY Wood screws (1 bx)6.29 60 Enterprise Fund DAVE GASSEL Reimburse: D. Gasse, parking fees, PNCWA Conf., Boise ID, 10 23.00 60 Enterprise Fund DEANA M SMITH Reimburse: D. Smith, parking fees, PNCWA Conf., Boise ID, 10 15.00 60 Enterprise Fund DEPT OF HEALTH & WELFARE Chlorophyllia/pheophytim testing for Sept 2018 (9 tests) 675.00 Date: 11/1/18 09:06:06 AM Page: 6Meridian City Council Meeting Agenda November 7, 2018 – Page 323 of 520 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund DON MARTIN Reimburse: D. Marti, parking fees, PNCWA Conf., Boise ID, 10 30.00 60 Enterprise Fund DUKES ROOT CONTROL Labor to treat sewer lines for root intrusion (3,268 ft)4,461.54 60 Enterprise Fund EDGE ANALYTICAL, INC.NPDES Testing (1 test)118.09 60 Enterprise Fund ENERGY MANAGEMENT CORPORATION Labor & parts for machine work on motor 2 (1 hr)704.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0536 FY18 Remaing Sampling Services Qty 9 1,028.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0536 FY18 Remaining Sampling Services Qty 3 201.00 60 Enterprise Fund FASTENAL COMPANY Hydropellant gloves-size med & XL (24 qty)78.80 60 Enterprise Fund FERGUSON ENTERPRISES INC.FY18 Mater Meter accessories parts 38,955.90 60 Enterprise Fund FERGUSON ENTERPRISES INC.FY18 Water Meters Qty 128 16,468.48 60 Enterprise Fund FERGUSON ENTERPRISES INC.FY18 Water Meters qty 192 24,702.72 60 Enterprise Fund FERGUSON ENTERPRISES INC.FY18 Water Meters Qty 81 14,021.91 60 Enterprise Fund FERGUSON ENTERPRISES INC.New Capital water meters qty 195 36,920.86 60 Enterprise Fund FERGUSON ENTERPRISES INC.VB repair kits for Admin men's & 1st floor women's bathrooms 13.66 60 Enterprise Fund FISHER SCIENTIFIC Autoclave thermometer 99.99 60 Enterprise Fund FISHER SCIENTIFIC Chlorine test strips (7 pk) & pH paper (1 cs)162.34 60 Enterprise Fund FISHER SCIENTIFIC pH paper (1 cs)13.40 60 Enterprise Fund G & W ELECTRIC COMPANY 18-0262,WWTP Elect.Dist.System Switchgear equip 10/11/18 62,256.00 60 Enterprise Fund G & W ELECTRIC COMPANY 18-0262,WWTP Elect.Dist.System Switchgear equip 10/15/18 62,256.00 60 Enterprise Fund G & W ELECTRIC COMPANY 18-0262,WWTP Elect.Dist.System Switchgear equip 10/16/18 186,768.00 60 Enterprise Fund G & W ELECTRIC COMPANY 18-0262,WWTP Elect.Dist.System Switchgear equip 10/19/18 104,922.00 Date: 11/1/18 09:06:06 AM Page: 7Meridian City Council Meeting Agenda November 7, 2018 – Page 324 of 520 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 GIESLER AUTO REPAIR Parts & Labor of Water Pump, Serp Belt, Syncronzer C15281 669.89 60 Enterprise Fund GOODWAY TECHNOLOGIES CORP Boiler tube brushes (2 qty)40.04 60 Enterprise Fund H.D. FOWLER COMPANY Groundline Extension Kit for Waterous Pacer Qty 2 1,074.42 60 Enterprise Fund HACH COMPANY 19-0026 FIA Lab instrument service contract 12,902.00 60 Enterprise Fund HACH COMPANY COD TNT vials & NH3 TNT vials (8 qty)507.09 60 Enterprise Fund HACH COMPANY Sensor cap for field DO probe 129.00 60 Enterprise Fund HAZEL ASPHALT, LLC Asphalt Patch @ 553 E Trinidad 750.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Air Hose, Steel Coupler, Qty 3 45.88 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Airhose, Air Coupling Qty 3 26.38 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Credit for Vendor Charge of Tax (0.32) 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Extension Cords Qty 3, Power Hedge Trimer Qty 1 169.88 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Flex Shaft, Rotary Tool, Air hose, Carbide Cutter, Steel Plu 429.30 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Folding Tables, 5gl Bucket Qty 4 104.92 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Split Plate Flex Opening AIM Qty 1 5.61 60 Enterprise Fund HYDRO LOGIC INC 17-0376,Well Monitoring and Aquifer testing 3/15-8/15/18 1,933.75 60 Enterprise Fund HYDRO LOGIC INC 18-0258,Well 33, design & consulting services thru 9/30/18 22,190.00 60 Enterprise Fund HYDRO LOGIC INC Water Rights housekeeping design thru 9/26/18 1,200.00 60 Enterprise Fund I. KRUGER INC.Gaskets for nozzles on filters 1,2,4 for stock (75 qty)65.43 60 Enterprise Fund IDAHO CONCRETE / IDAHO MATERIALS & CONSTRUCTION Pit run for emergency lagoon work (22.45 tons)92.04 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business Card Print J. Gabel Qty 1 46.25 Date: 11/1/18 09:06:06 AM Page: 8Meridian City Council Meeting Agenda November 7, 2018 – Page 325 of 520 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 IDAHO CORRECTIONAL INDUSTRIES Business cards for Stephen Hulbert 46.25 60 Enterprise Fund IDAHO STATE INSURANCE FUND Worker's Comp 7/1 - 9/30/18 26,830.72 60 Enterprise Fund IDAHO TOOL & EQUIPMENT Recharable Flashlight Qty 1 89.95 60 Enterprise Fund IDAHO TRANSPORTATION DEPARTMENT Vehicle Plate Renewal C17214 23.00 60 Enterprise Fund IDAHO TRANSPORTATION DEPARTMENT Vehicle Plate Renewal C17425 23.00 60 Enterprise Fund LAURELEI MCVEY Reimburse: L. Mcvey, parking fees, PNCWA Conf., Boise ID, 27.00 60 Enterprise Fund MATT HAGLER Reimburse: M. Hagle, parking fees, PNCWA Conf., Boise ID, 10 36.00 60 Enterprise Fund McCALL INDUSTRIAL SS close nipple, threaded union, threaded plug & hex bushing 161.74 60 Enterprise Fund METROQUIP, INC.Metal Dector Vivaz, Locator Qty 4 6,101.00 60 Enterprise Fund METROQUIP, INC.Parts & Labor for Power Outlet, Alumin Plate A14710 1,261.98 60 Enterprise Fund MINUTEMAN, INC.18-0503 Connect User Keys Programing Device Qty 92 42,378.77 60 Enterprise Fund MINUTEMAN, INC.Keys (6 qty)13.50 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Brass FNPT, Poly Pine Tee, Brass Bushing, Qty 118 316.29 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Suction Hose Qty 25 38.05 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Black Krylon Field Striping Paint Qty 6 45.78 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Hose & fittings (5 qty) for pressure washer 54.83 60 Enterprise Fund MURRAYSMITH INC 18-0192 Task Order 10425f I&I Monitoring Fall 2017, thru 9/3 559.50 60 Enterprise Fund MURRAYSMITH INC 18-0390,18-0490,Unidirectional,eng.serv. thru 9/30/18 10,039.00 60 Enterprise Fund NAPA AUTO PARTS Hose clamp (2 qty)3.58 60 Enterprise Fund NAPA AUTO PARTS Instant gasket maker (4 qty)95.96 Date: 11/1/18 09:06:06 AM Page: 9Meridian City Council Meeting Agenda November 7, 2018 – Page 326 of 520 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 NAPA AUTO PARTS WD40 Spray Can Qty 12 76.68 60 Enterprise Fund OFFICE DEPOT, INC.Copy paper, pens, pads 37.42 60 Enterprise Fund OFFICE DEPOT, INC.Credit for Return of Office Hutch Qty 1 (108.74) 60 Enterprise Fund OFFICE DEPOT, INC.Desk Chair L. Davis Qty 1 119.99 60 Enterprise Fund OFFICE DEPOT, INC.Office File Cabinet Qty 1 110.14 60 Enterprise Fund OFFICE DEPOT, INC.Pens, flags 17.66 60 Enterprise Fund OFFICE VALUE - MERIDIAN Credit for return of Waste Bins Qty 3 Ref 204474 (44.10) 60 Enterprise Fund OFFICE VALUE - MERIDIAN Cups, Forks, Spoons, Knifes, Plates Qty 21 272.50 60 Enterprise Fund OFFICE VALUE - MERIDIAN Desk Pen Cup Qty 2 12.58 60 Enterprise Fund OFFICE VALUE - MERIDIAN Post it notes, pens, markers, highlights & chair mat (7 qty) 143.40 60 Enterprise Fund OFFICE VALUE - MERIDIAN Trash Bin, Rcy Bin Qty, Stapler Qty 5 45.36 60 Enterprise Fund OFFICE VALUE - MERIDIAN Wall Clock Qty 1 25.99 60 Enterprise Fund OVERHEAD DOOR COMPANY Annual inspection of all doors 700.70 60 Enterprise Fund OXARC, INC.19-0010 Sodium Hypochlorite Delivery Qty 2100 gl 3,465.00 60 Enterprise Fund OXARC, INC.19-0010 Sodium Hypochlorite Delivery Qty 450gl 775.50 60 Enterprise Fund PLATT ELECTRIC SUPPLY 250V Fuse Qty 5 4.00 60 Enterprise Fund PLATT ELECTRIC SUPPLY LED high bay to upgrade interior lighting at Digester 3 (7 ) 885.28 60 Enterprise Fund PLATT ELECTRIC SUPPLY LED high bay to upgrade lighting at Daft control bldg (4 qty 505.88 60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to upgrade interior lighting in seepex pump room (24) 671.88 60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to upgrade lighting at dewatering bldg (37 qty)924.75 Date: 11/1/18 09:06:06 AM Page: 10Meridian City Council Meeting Agenda November 7, 2018 – Page 327 of 520 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 POLLARDWATER.COM PVC S80 Thread Bushing Qty 1 13.11 60 Enterprise Fund RICK MURRAY Reimburse:R. Murray, parking fees, PNCWA Conf., Boise ID, 10 36.00 60 Enterprise Fund ROBERT & TAMMY GEDDES Refund: wat/sewer/trash, #18430356-03, 2602 E. Bernice Dr., 101.29 60 Enterprise Fund ROBERTSON SUPPLY, INC.Grundfos Valve Diaphragm Kit, Chlorine Inject Pump Qty 3 3,531.00 60 Enterprise Fund ROCKY RHOADS Reimburse: R. Rhoad, parking fees, PNCWA Conf., Boise ID, 10 42.00 60 Enterprise Fund RODDA PAINT COMPANY White Paint for Piping Qty 2 130.84 60 Enterprise Fund SAF T FLO WATER SERVICES PVC Solution Tube w/Check Valve Qty 3 971.30 60 Enterprise Fund SHAE YUMA Reimburse: S. Yuma, parking fees, PNCWA Conf., Boise ID, 10 15.00 60 Enterprise Fund SOUND DEPOT LLC Install of Parts of High Power Circuit Breaker C18131 314.99 60 Enterprise Fund SOUND DEPOT LLC Parts & Labor of Inverter Wiring C18131 528.10 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Hard hats (5 qty)120.00 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Clear PVC primer, adapters, tee, coupling & close nipple (21 103.79 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC PVC Pipe, Female Thread Elbow, Male Adapter Qty 30 46.51 60 Enterprise Fund SYNCB/AMAZON Hand sanitizer gel for Inventory bldg (1pkg)18.97 60 Enterprise Fund THE UPS STORE Shipping of biosolids samples 205.76 60 Enterprise Fund TRAVIS KISSIRE Reimburse: T. Kissi, parking fees, PNCWA Conf., Boise ID, 10 9.00 60 Enterprise Fund USA BLUEBOOK 7-day circular chart paper 64.56 60 Enterprise Fund USA BLUEBOOK Meter Flange Gasket Qty 80, Inverted Paint Qty 3, Reagent Se 613.17 60 Enterprise Fund VWR INTERNATIONAL LLC.Neodisher detergent (6 qty)736.76 60 Enterprise Fund VWR INTERNATIONAL LLC.Neodisher Z neutralizer (2 qty)298.93 Date: 11/1/18 09:06:06 AM Page: 11Meridian City Council Meeting Agenda November 7, 2018 – Page 328 of 520 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 VWR INTERNATIONAL LLC.UV bulb-coliler system 47.02 60 Enterprise Fund WASTECORP PUMPS LLC Credit for packing that was returned (3 qty)(1,140.00) 60 Enterprise Fund WASTECORP PUMPS LLC Packing for plunger pumps (3 qty)1,163.89 60 Enterprise Fund WATER ENVIRONMENT FEDERATION WEF Membership Dues, L. Basterrechea, 1/31/19-1/31/20 200.00 60 Enterprise Fund WESTERN STATES AUTOMATION, LLC Ball Valve, Electric Actuator, Enclosure Heater Qty 2 939.33 60 Enterprise Fund WESTERN STATES AUTOMATION, LLC Ultra Sonic Level Sensor Qty 2 1,471.75 60 Enterprise Fund WOODY MUSICK Reimburse: W. Music, parking fees, PNCWA Conf., Boise ID, 10 15.00 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB576316 b/w (3,542 qty) & color (93 qty) images 22.36 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7658362 monthly copier lease for Sept 2018 172.75 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7985464 monthly copier lease for Sept 2018 166.93 60 Enterprise Fund XYLEM DEWATERING SOLUTIONS, INC.Mixer motor strator & labor to repair mixer 1 (4 hrs)5,645.60 Total 60 Enterprise Fund 769,562.56 Report Total 1,095,093.35 Date: 11/1/18 09:06:06 AM Page: 12Meridian City Council Meeting Agenda November 7, 2018 – Page 329 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 7 Project File Number: Item Title: Items Moved From Consent Agenda Meeting Notes: City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 8 A Project File Number: Item Title: Request to Provide Water and Sewer Service to Un - annexed Property at 5233 W. Franklin Rd. Meeting Notes: (�o,t 1,ved -tz,) mAPyr Gei X) -)V �' I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Estimated Time f or P resentation: 5 min Title of I tem - Request to P rovide Water and Sewer Service to Un-annexed P roperty at 5233 W. F ranklin Rd. Butte F ence request water and sewer service to un-annexed property, 5233 W. F ranklin Road C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P W Memo Cover Memo 10/12/2018 B utte F ence Concept Cover Memo 10/12/2018 Water and S ewer Request Cover Memo 10/12/2018 Water and S ewer Request Cover Memo 10/12/2018 RE V I E WE RS : Department Reviewer Action D ate P ublic Works.Coles, C.J ay Approved 11/2/2018 - 12:24 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 330 of 520 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 3 3 1 o f 5 2 0 1 5 ' - 0 " 5 ' - 0 " 2 0 ' - 0 " 2 4 ' - 0 " 2 0 ' - 0 " OFFICE WAREHOUSE BUILDING 13,000 S.F.50' - 0"150' - 0"101' - 1" 5 0 ' - 0 " 5 0 ' - 0 " SLIDING GATE GATEW. FRANKLIN RD.FENCE DISPLAY STORAGE YARD302 FT. +/- 8 6 0 F T . + / - L A N D S C A P E B U F F E R M I N . 3 0 ' - 0 " P R O P O S E D 4 " S E W E R L I N E P R O P O S E D 1 .5 " W A T E R L I N ENEW A CCE S S DR I V E30' - 0 "ARTERIAL LANDSCAPE BUFFER PERIMETER LANDSCAPE BUFFER PERIMETER LANDSCAPE BUFFER EA V E H T . 11 8 ' - 0 " PR E -EN G I N E E R E D M E T A L BU I L D I N G SP L I T F A C E C M U WA I N S C O T SP L I T F A C E C M U P I L A S T E R AL U M I N U M S T O R E F R O N T W I N D O W S ST E E L A W N I N G NOT FOR CONSTUCTIONREVISIONS:SHEET OFFORDRAWN BY:DATE:CHECKED:JOB NO.:STAMPCONTRACTORS218 12th Ave. South Nampa, ID 83651 (208) 465 -8887 www.rrccontractors.com 1212 12th Avenue South Nampa, Idaho 83651 Phone: 208 -463 -9295 www.jgt -architecture.com *******JPW 8/21/18BUTTE FENCE CONCEPT PLAN FRANKLIN RD. ADA COUNTY, ID SITE PLAN CONCEPT ELEVATION A-1.0 1" = 40'-0" 1 CONCEPT SITE PLAN 1 / 8 " = 1 ' - 0 " 2 NO R T H E L E V A T I O N BU I L D I N G C O N C E P T P E R S P E C T I V E 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 3 3 2 o f 5 2 0 Meridian City Council Meeting Agenda November 7, 2018 – Page 333 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 334 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 335 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 336 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 337 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 338 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 339 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 340 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 341 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 342 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 343 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 344 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 8 B Project File Number: H-2018-0114 Item Title: Final Plat Approval for TM Crossing Subdivision Meeting Notes: (H-2018-0114) by SCS Brighton, LLC, Located at the NE Corner of 1-84 and S. Ten Mile Rd. 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for T M Crossing Subdivision No. 3 (H-2018-0114) by S C S Brighton, L L C , L ocated at the NE Cor ner of I-84 and S . Ten M ile Rd. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/31/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/31/2018 - 10:38 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 345 of 520 Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 11/7/2018 TO: City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0114 TM Crossing Subdivision No. 3 PROPERTY LOCATION: NEC of I-84 and S. Ten Mile Rd. I. PROJECT DESCRIPTION The Applicant, SCS Brighton, LLC, submitted an application for a final plat consisting of one (1) building lot and one (1) common lot on 4.7 acres of land in the C-G zoning district for the third phase of TM Crossing Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.7 Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Commercial Current Zoning C-G Proposed Zoning NA Lots (# and type; bldg/common) 1/1 Physical Features (waterways, hazards, flood plain, hillside) Purdam Gulch Drain runs along southern boundary of site and was allowed to be left open and not be piped History (previous approvals) CPAM-12-001; AZ-12-005 (DA #114002254); PP-12-003; TED-14-001; H-2016-0054 (amended DA #2016-062220) B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) No Requires ACHD Commission Action (yes/no) No Meridian City Council Meeting Agenda November 7, 2018 – Page 346 of 520 Page 2 Description Details Page Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) W. Navigator Dr. (collector) Stub Street/Interconnectivity/Cross Access 2 accesses are proposed via W. Navigator Dr. on each side of the street Fire Service Comments were submitted with Preliminary Plat Police Service Comments were submitted with Preliminary Plat C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant SCS Brighton, LLC Meridian City Council Meeting Agenda November 7, 2018 – Page 347 of 520 Page 3 12601 W. Explorer Dr., #200 Boise, ID 83713 B. Owner: Same as Applicant C. Representative: Kameron Nauahi Brighton Corporation 12601 W. Explorer Dr., #200 Boise, ID 83713 IV. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. The preliminary plat depicts 3 building lots and 1 common lot encompassed by the Purdam Drain easement with W. Navigator Dr. (the east/west collector street) running along the southern boundary of the building lots; the proposed final plat depicts 1 building lot and 1 common lot with W. Navigator Dr. running along the northern boundary of the building lots. Because the number of building lots is fewer, the amount of common area is the same and the alignment of W. Navigator Dr. is consistent with the Master Street Map, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. A. Existing Structures/Site Improvements: None B. Dimensional Standards: Comply with UDC Table 11-2B-3 for the C-G district (http://www.sterlingcodifiers.com/codebook/index.php?book_id=306) C. Access: Two (2) accesses are proposed via W. Navigator Dr. (collector) on each side of the street; a cross-access/ingress-egress and parking easement should be granted to the adjacent property to the east in accord with UDC 11-3A-3A.2 and preliminary plat condition #1.2.1.3. D. Sidewalks/Parkways: A minimum 5-foot wide detached sidewalk is required along W. Navigator Dr., a collector street, in accord with UDC 11-3A-17C as proposed on the landscape plan. E. Pathways: The Pathways Master Plan depicts a segment of the City’s multi-use pathway along S. Ten Mile Rd. adjacent to this site; a 7-foot wide sidewalk was constructed along Ten Mile with the interchange improvements. A 10-foot wide pathway is also proposed along the north side of the Purdam Gulch Drain on this site. F. Landscaping A 20-foot wide street buffer is required along W. Navigator Dr., a collector street, measured from back of curb; and a 50-foot wide buffer is required along I-84, measured from edge of right-of- way, as set forth in UDC Table 11-2B-3. Landscaping is required within the buffer in accord with the standards listed in UDC 11-3B-7C. Meridian City Council Meeting Agenda November 7, 2018 – Page 348 of 520 Page 4 The landscape plan depicts a 13-foot wide street buffer (including the sidewalk) along W. Navigator Dr.; the buffer should be widened to a minimum of 20 feet (including the sidewalk). A minimum 10-foot wide street buffer was proposed along I-84 with the preliminary plat outside of the Purdam Drain easement but is not depicted on the plan; the plan should be revised to include the buffer. Landscaping within the street buffers should be provided in accord with the standards listed in UDC 11-3B-7C. The landscape plan should be revised accordingly. The landscape plan is also missing the scale; the scale should be added. (http://www.sterlingcodifiers.com/codebook/index.php?book_id=306) G. Parkways: Parkways are required to comply with the standards listed in UDC 11-3A-17E. The proposed Class I trees require a minimum planter width of 10 feet; either replace with a Class II tree or widen parkways to 10 feet. (http://www.sterlingcodifiers.com/codebook/index.php?book_id=306) H. Waterways: The Purdam Gulch Drain runs along the southern/western boundary of this site. The Council approved a waiver to UDC 11-3A-6 to allow the drain to remain open with the requirement for it to be improved as a water amenity as set forth in the development agreement. A water amenity is required to be improved per the standards in the definition listed in UDC 11-1A-1 and 11- 3A-6C.2. (http://www.sterlingcodifiers.com/codebook/index.php?book_id=306) I. Fencing: No fencing is depicted on the landscape plan. J. Utilities: All development is required to be connected to City water and sewer systems; street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances per UDC 11-3A-21. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. VI. EXHIBITS See following page Meridian City Council Meeting Agenda November 7, 2018 – Page 349 of 520 Page 5 A. Preliminary Plat Meridian City Council Meeting Agenda November 7, 2018 – Page 350 of 520 Page 6 B. Final Plat Meridian City Council Meeting Agenda November 7, 2018 – Page 351 of 520 Page 7 Meridian City Council Meeting Agenda November 7, 2018 – Page 352 of 520 Page 8 C. Landscape Plan VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [CPAM-12-001; AZ-12-005, Development Agreement #114002254); PP- 12-003; TED-14-001; H-2016-0054, amended Development Agreement #2016-062220]. 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Engineer’s signature on the second phase final plat, by April 17, 2020, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 9/20/18 by Kelly Kehrer, included in Exhibit B shall be revised as follows: a. Note #13: Include the recorded instrument number of the ACHD Landscape License Agreement. b. Note #14: Include the NMID License Agreement instrument number. c. Depict a minimum 20-foot wide permanent dedicated buffer (or common lot) for landscaping along W. Navigator Dr., a collector street; and a minimum 10-foot wide permanent dedicated buffer (or common lot) for landscaping along I-84 outside of the Meridian City Council Meeting Agenda November 7, 2018 – Page 353 of 520 Page 9 Purdam Drain easement in accord with UDC Table 11-2B-3, 11-3B-7C.1b, and 11- 3B-7C.2b. d. Include a note granting cross-access/ingress-egress and parking to the adjacent property to the east in accord with UDC 11-3A-3A.2 and preliminary plat condition #1.2.1.3. 5. The landscape plan prepared by KM Engineering, dated 9/21/18 included in Exhibit C, shall be revised as follows: a. Depict landscaping within the entire 20-foot wide street buffer along W. Navigator Dr. and within a 10-foot wide buffer along I-84 outside of the Purdam Gulch Drain easement (on the north side) in accord with the standards listed in UDC 11-3B-7C. b. Include a scale on the plan (i.e. 1” = 30’). c. Include a calculations table for the street buffers along I-84 and W. Navigator Dr. demonstrating compliance with UDC standards (Table 11-2B-3, 11-3A-17E and 11- 3B-7C) including the following: Width of street buffers, lineal feet of street frontage, number of street trees, and tree class. d. The proposed Class I trees within the street buffer along W. Navigator Dr. require a minimum planter width of 10 feet; either replace with Class II trees or widen the parkways to 10 feet in accord with UDC 11-3A-17E. 6. The Purdam Gulch Drain is required to be improved as a water amenity as a provision of the development agreement for Council granting a waiver to UDC 11 -3A-6 to allow the waterway to remain open. 7. Per UDC 11-1A-1, a water amenity is defined as follows: Any body of water either natural or manmade, which either exists or is proposed to be improved as a part of the development, in which its banks in all places adjacent to and located on said development are no steeper than one foot (1') vertical per every four feet (4') horizontally and which has a depth and velocity in all places adjacent to and located on said development such that the product of the maximum depth (feet) multiplied by the peak velocity (feet per second) does not exceed four (4). The developer shall submit construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho to the Planning Division and the authorized representative of the water facility for approval that demonstrate compliance with these standards. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works - General Conditions: 1. Sanitary sewer service to this development is available via existing mains. 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 existing mains. 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 Meridian City Council Meeting Agenda November 7, 2018 – Page 354 of 520 Page 10 occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 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. Meridian City Council Meeting Agenda November 7, 2018 – Page 355 of 520 Page 11 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 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 November 7, 2018 – Page 356 of 520 City Council Meeting November 7, 2018 Agenda Item Number: 8 C Project File Number: H-2018-0075 Item Title: Findings of Fact, Conclusions of Law for Owyhee High School (H-2018-0075) by West Ada School District, Located at 7020 W. Ustick Rd. Meeting Notes: �:eluq I AA&J -0 / �/ -/)v �' I TEM SHEET C ouncil Agenda I tem - 7.C. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusion of L aw for Owyhee High S chool (H-2018-0075) by West Ada S chool D istrict, L ocated at 7020 W. Ustick Rd. C lick here for application materials C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/1/2018 - 4:22 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 357 of 520 City Council Meeting November 7, 2018 REVISED Conceptual Roadway Plan REVISED Context Site Plan REVISED Site Plan Structure fronting on N. Main St. proposed to be converted to residence Item #8F: Westbridge Subdivision Vicinity/Zoning Map Preliminary Plat/Landscape Plan Conceptual Building Elevations Item #8G: Summertown Subdivision Vicinity/Zoning Map Previous Concept Plan Current Concept Plan Previous Conceptual Elevations Current Conceptual Elevations Item #8I: Burlingame Subdivision Vicinity/Zoning Map Preliminary Plat Landscape Plan Conceptual Building Elevations Changes to Agenda: Item #8B: TM Crossing Sub. 3 – FP (H-2018-0114) Applicant is in agreement w/staff report Item #8B: TM Crossing Sub. 3 (H-2018-0114) Application(s): Final Plat Size of property, existing zoning, and location: This site consists of 4.7 acres of land, zoned C-G, located at the NEC of I-84 and S. Ten Mile Rd. Summary of Request: Request for final plat consisting of 1 building lot & 1 common lot on 4.7 acres of land in the C-G zoning district. The proposed final plat is consistent with the approved preliminary plat as required. Written Testimony: Kameron Nauahi, Brighton Corp. (in agreement w/staff report) Staff Recommendation: Approval w/conditions Notes: Item #8C: Owyhee High School (H-2018-0075) Application(s): Annexation & Zoning Conditional Use Permit The Findings for this project were placed on the regular agenda for Council’s review in order to ensure the accuracy of such prior to approval. Two different versions were prepared – one from Staff’s interpretation of the motion and another from the WASD’s interpretation of the motion. WASD submitted a revised context site plan & conceptual roadway plan that depict the east/west local street stubbing to the Flowers’ parcel and an easement for future ROW dedication over the school property to the east of the Flowers’ parcel to the Woodside property which leaves a gap in between that relies on an easement from the Flowers to complete the road. If this was Council’s intention with their motion, they should approve the Findings marked “WASD”. If the intent of Council was for the WASD to provide a local street to the Flowers property with an easement to the Woodside property across the school property for connection to the north/south collector street, staff recommends the other set of findings are considered. To ensure the intent of this condition is realized, Staff recommends the condition is modified as follows: “An east/west local street shall be constructed from the north/south collector street to the Flowers parcel (#S0432438800) at the east boundary of the WASD property with a temporary turnaround that meets ACHD and Fire Department requirements prior to issuance of Certificate of Occupancy for the high school. Further, an easement shall be provided over the portion of the subject property to the Woodside Avenue Investor LLC parcel (#S0432429350) for future right-of-way dedication and construction of a public street from the Woodside property to the north/south collector street. The concept plan shall be revised accordingly.” Item #8D: Timber Creek Recycling (H-2018-0042) Application(s): Development Agreement Modification At the Council meeting on October 16th, Council voted for this project to be re-noticed for a public hearing tonight solely for the consideration of the draft DA provisions/modifications prepared by Staff. Item #8E: Smith Rezone (H-2018-0097) Application(s): Rezone Size of property, existing zoning, and location: This site consists of 0.73 of an acre of land, zoned C-C, located at 1321 & 1323 N. Main St. History: There are 2 existing structures on this site – the one at the front of the property was constructed in 1937 as a residential dwelling and was converted to a commercial structure in 2001; the one at the rear of the property was constructed in 1983 and converted to a commercial use in 2001. Comprehensive Plan FLUM Designation: Old Town Summary of Request: A rezone of 0.73 of an acre of land from the C-C the O-T zoning district is requested consistent with the Old Town FLUM designation. The 2 existing structures on the site are proposed to remain. The structure at the rear of the property houses the Calico Cattery, primarily a retail store with ancillary cat boarding; and the front structure is proposed to be converted from commercial back to residential use. Access is provided for this site via two (2) 1-way driveways to/from Main Street; Staff & ACHD recommends these accesses remain with no changes. When/if the property redevelops in the future with a more intense use, access may be restricted to a single access and cross-access easements may be required to adjacent properties. The UDC requires off-street parking to be provided based on the square footage of non-residential structures and the number of bedrooms in dwelling units. Based on the square footage (i.e. 1,560) of the commercial structure and the number of bedrooms (i.e. 3) proposed in the dwelling, a minimum of 7 spaces are required. There are currently 6 paved parking spaces for shared use; an additional space is required to be provided on the site in order to comply with the minimum UDC standards. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Scott Smith, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): None Key Issue(s) of Discussion by Commission: The Commission was in favor of the proposed residential use & existing access remaining. Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0097, as presented in the staff report for the hearing date of November 7, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0097, as presented during the hearing on November 7, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0097 to the hearing date of November 7, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8F: Westbridge Subdivision (H-2018-0088) Application(s): Annexation & Zoning Preliminary Plat Size of property, existing zoning, and location: This site consists of 12.71 acres of land, zoned RUT in Ada County, located at 5745 & 5865 N. Black Cat Rd. History: None Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) Summary of Request: The applicant requests annexation & zoning of 12.84 acres of land with an R-4 zoning district and requests Council approval of a “step” down in density from MDR to LDR. The proposed residential use and zoning is compatible with either the LDR or MDR FLUM designation; however, the proposed density at 2.4 units/acre is slightly below the minimum 3 units/acre desired in MDR designated areas. The step down in density is requested because adding more lots will require a secondary emergency access to be provided (and only one access is available) & fire flow would need to be addressed differently. The geometry and characteristics of the site (i.e. the location of the McMullen Lateral along the north boundary, and the necessary public streets) impact the available building area resulting in a lower density than desired in the Comprehensive Plan. A preliminary plat is proposed consisting of 30 building lots & 9 common lots on 12.71 acres of land in the proposed R-4 district. Proposed lots range in size from 8,096 to 13,570 s.f. with an average lot size of 10,060 s.f. There are 2 existing homes on the site; the one at the west end of the site will remain on a lot in the proposed subdivision; the other home & accessory structures will be removed. One access is proposed for the development via N. Black Cat Rd.; (2) stub streets are proposed – one to the north (N. Willowside Ave.) and one to the south (N. Oakstone Ave.) – for future extension and interconnectivity with adjacent future developments. A 35’ wide landscaped street buffer is proposed along N. Black Cat Rd, an entryway corridor, in accord with the UDC standards. There are several existing trees on this site that are proposed to be removed that require mitigation as proposed. The UDC requires a minimum 10% qualified open space to be provided with development and a minimum of one qualified site amenity. A total of 1.6 acres (or 12.5%) of qualified open space is proposed with a segment of the City’s multi-use pathway system, a micro-path to the future school site to the west and a tot lot with play equipment in accord with UDC standards. Conceptual building elevations were submitted for future SFR detached homes in this development; building materials consist of a mix of siding materials with stone veneer accents. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Jane Suggs, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Jane Suggs v. Key Issue(s): None Key Issue(s) of Discussion by Commission: The Commission was in favor of larger lot sizes and decreased density with the “step” down in density requested by the Applicant. Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0088, as presented in the staff report for the hearing date of November 7, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0088, as presented during the hearing on November 7, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0088 to the hearing date of November 7, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8G: Summertown Subdivision (H-2017-0142) Application(s): Annexation and Zoning Size of property, existing zoning, and location: This site consists of 15.13 acres of land, zoned RUT, located at 745 W. Ustick Road. Comprehensive Plan FLUM Designation: MU-C Summary: On May 15, 2018 City Council continued the subject application to November 7, 2018 so the applicant could resolve the property boundary dispute with their neighbor to the east, and modify the concept plan and building elevations in accord with the comments brought forth by City Council and the public at the April 24, and May 15, 2018 hearings. The applicant has resolved the property boundary dispute and provided staff with revised plans to analyze. The previous version of the plan had a large amount of parking within the central area of the development. The current proposal includes all of the parking on the edges of the development and includes a large amount of open space and amenities within the center of the development, which serves to connect the project together. Access for the previous version of the project was shown at two points along Venable and a proposed cross-access and a stub street to the east. The current proposal eliminates one of the access points to Venable but keeps the requirement of a stub street to the east as well as the requirement for a cross-access to the east if the property develops as a commercial development. The current proposal includes townhomes as an additional housing type and includes architecture that is much more traditional in nature than the previous version. This style of architecture is more cohesive with the surrounding area. The townhomes will have a single-car garage and will have one parking stall on a driveway. The buildings are two-story and will have a doorway that faces either Venable or Ustick. The analysis of open space, amenities, density, and parking is as follows: 1. Open space: a. Previous: 22% or 3.1 acres b. Current: 40% or 5.2 acres 2. Amenities: a. Previous: Pool, Water feature, Clubhouse, Fitness Facility, Yoga room, Indoor play structure, outdoor play structure, media room, pet park b. Current: No change in amenities 3. Density a. Previous: 18.6 dwelling units per acre b. Current: 13.5 dwelling units per acre 4. Number of Units: a. Previous: 272 units b. Current: 205 units (Including the 9 future single-family lots) 5. Parking spaces a. Previous: 544 b. Current: 404 Staff continues to have some concern about the lack of transition from the existing single-family residences to the south and feels that additional townhomes between the future single-family lots on the south side of the project and the multi-family structures would serve as a good transition in density. Staff received the revised plans from the applicant on October 29, 2018 and has not had the opportunity to perform a detailed review of the proposal to ensure compliance with the UDC in terms of the items listed above. If Council feels that the changes are substantial enough to warrant further review from the Planning and Zoning Commission, staff recommends the Council remand the application back to them for a revised recommendation. If the Council finds the project doesn’t need to be remanded back to the Commission for further review, staff recommends that the Council continue this project so staff has adequate time to bring back DA provisions consistent with the revised plans for Council’s consideration. Item #8I: Burlingame Subdivision (H-2018-0057) Application(s): Rezone Preliminary Plat Development Agreement Modification Size of property, existing zoning, and location: This site consists of 18.994 acres of land, zoned R-4, located near the northwest corner of W. Cherry Lane and N. Black Cat Road. History: In 2017, the City Council approved a previous preliminary plat and development agreement modification to develop 60 single family lots consistent with the previous approvals. Comprehensive Plan FLUM Designation: LDR Summary of Request: The applicant has applied for a rezone, preliminary plat and development agreement modification to develop the property with 74 residential lots on 18.99 acres in a proposed R-8 zone. The previous plan included 60 single-family residential lots and 7 common lots in R-4 zone, at a density of 3.15 d.u./acre. The new plan consists of 74 residential lots and 14 common lots and has a gross density of 3.90 d.u./acre which requires Council approval of a “step up” in density. The existing residence at 5136 W. Cherry Lane remains subject to the amended DA and is required to connect to City services, provide the 25-foot wide landscape buffer, install a 10-foot multi-use pathway along the frontage and take access from the adjacent local street. Access/streets: The area of the new plat is currently developed with two (2) existing residences. Both of these homes have an access from a 25-foot wide private access easement to/from Black Cat Road across the two (2) existing church properties along the east boundary. The applicant must vacate this existing access easement and to provide access to all of the dwellings within this development via internal public streets in accord with UDC 11-3A-3. The easternmost home will be removed with the development and the other home, located near the northwest corner of the development, will remain as part of the development and is located on Lot 3, Block 5. The applicant is proposing to construct a new public street access to Cherry Lane (N. Montgomery Way), and extend O’Conner Avenue into the site from Turnberry Subdivision. Two stub streets are proposed; one along the west boundary (N. Bonita Way) and the other along the east boundary (W. White Birch Dr.) for future interconnectivity. Waterways: Both the Safford Sublateral and Settlers Canal cross the property on the north boundary. Both lie within a 60-foot wide Settlers Irrigation District easement. The applicant is seeking a Council waiver to allow the Settlers Canal and Safford Sublateral to remain open due to their large capacities. Landscaping, Open Space and Amenities: Previous: The previous plat consisted of 1.89 acres (10%) of open space for the development. The applicant included a segment of a multi-use pathway as their one (1) required amenity for the subdivision. Current: The proposed plat consists of 2.26 acres (11.9%) of open space for the development. The applicant is proposing a children’s play structure, a gazebo and internal pathways as well as two sections of the City’s multi-use pathway as additional amenities for the development. More open space and site amenities are requested with the bump in density. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.4 Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents and stucco. Commission Recommendation: Approval a. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: Keri Donahue iii. Commenting: William McEwen, Keri Donahue iv. Written testimony: Jeannette O’Brion v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. William McEwn had concerns about the depth of the sewer being stubbed to his property and whether it was even possible to engineer the sewer to serve his property. ii. Concerns about the increase in traffic through the Turnberry Crossing Subdivision. c. Key Issues of Discussion by Commission: i. This is an improvement in design and in open space and amenities when compared to the previous version of the project. ii. Concerns that the size of the lots/zoning do not match the surrounding area. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. The applicant requests a step-up in density from LDR to MDR. ii. The applicant has asked Council to keep the irrigation facilities as open waterways. 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-2018-0079, as presented in the staff report for the hearing date of November 7, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0079, as presented during the hearing on November 7, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0079 to the hearing date of ____________ for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 8 D Project File Number: H-2018-0042 Item Title: Meeting Notes: Public Hearing for Timber Creek Recycling (H-2018-0042) by Michael Murgoitio, Located at 7695 S. Locust Grove Rd. Request: For the sole purpose of reviewing and considering conditions of approval in the matter of the request for a Modification to the Development Agreement I TEM SHEET C ouncil Agenda I tem - 7.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for T imber Creek Recycling (H-2018-0042) by M ichael M urgoitio, L ocated at 7695 S . L ocust G rove 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 Memo to Council Cover Memo 11/1/2018 E xhibit B E xhibit 11/1/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/1/2018 - 9:35 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 358 of 520 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/7/2018 Hearing Type: Council Item Number: 8-D Project Name: Timber Creek Recycling Conditions of Approval Project No.: H-2018-0042 Active: ❑ Page 1 of 2 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=96 11/8/2018 I WishSign Signature City -State- In Address For Against Neutral To Name Zip Date/Time Testify Miller Acres 11/7/2018 X LLC 5:35:35 PM 509 a Meridian, Id 11/7/2018 Terry tate whiskey flats X 83642 5:53:34 PM st 250 W Meridian, 11/7/2018 Robin Connor X Galvani Dr ID. 83642 5:54:24 PM 1398East Meridian, 11/7/2018 David Bennett X X Mallory Lane ID, 83642 5:55:46 PM 7200 s locust Meridian id 11/7/2018 Patty Hagler X X grove 83642 5:56:30 PM Meridian 7200S 11/7/2018 Rod Nettinga idaho X Locust Grove 5:57:22 PM 83642 Eagle, Joshua 971 Winding 11/7/2018 Idaho X X Leonard Creek 5:58:36 PM 83616 7975 Meridian ID 11/7/2018 Quinet Boone X Tranquility Ln 83642 5:59:41 PM Meridian 2623 s hillis 11/7/2018 Mike Murgoitio idaho X place 6:00:11 PM 83642 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=96 11/8/2018 City of Meridian - Public Hearing Sign In Form Tools Page 2 of 2 Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=96 11/8/2018 7884 Meridian Rhonda 11/7/2018 tranquility Idaho X mason 6:01:17 PM l ane 83642 Boise Idaho 11/7/2018 Justin Cranney X X 83702 6:05:00 PM Toree 2623 s hillis Meridian id 11/7/2018 X Murgoitio place 83642 6:05:37 PM 7838 S 11/7/2018 Vikki Reynolds Meridian X Tranquility 6:06:50 PM Wayne 7850s Meridian, id 11/7/2018 X gearhard gearhard lane 83642 6:07:48 PM 7524S Meridian, Id 11/7/2018 Nicole Brown Locust Grove X 83642 6:09:48 PM Rd. 1305 E Meridian, ID 11/7/2018 Jim Cox X X Columbia Rd 83642 6:21:46 PM Kimberly 1410 E Meridian ID 11/7/2018 Matulonis X Gravel Lane 83642 6:37:56 PM Edgar 1410 E Meridian ID 11/7/2018 Todd Edgar g X Gravel Lane 83642 6:38:46 PM Walter 4170 n Boise id 11/7/2018 X orzepowski azalea lane 83703 6:47:25 PM 4170 n Boise id 11/7/2018 Sheila miller X X azalea lane 83703 6:47:29 PM Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=96 11/8/2018 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 3 5 9 o f 5 2 0 Staff recommended added/modified DA provisions: 1. Modify provision #4.8 (pg. 5) as follows, “Operate Timber Creek Recycling on the portion of the Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit “C” and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity, for a maximum period of ten (10) years from the date of Council approval of the amended signed DA, after which all uses associated with the facility shall cease and all materials, equipment, structures, site modifications, etc. associated with the use shall be removed and the site reclaimed to its former agricultural use/condition. 2. Modify provision #5.2.2, Screening (pg. 7), as follows, “The Recycling Materials, before and after processing, may be screened. Screening of any Recycled Materials may including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen the Recycled Materials Property shall be screened sufficient to block the view of the processing facility, including materials stored on the site, from S. Locust Grove Rd. and W. Columbia Rd. prior to commencement of the proposed expanded use; the buffer area shall result in a barrier that allows trees to touch at the time of tree maturity and contain a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover;” 3. Modify provision #5.2.4, Composting, as follows: “The Recycling Materials may be composted on the Recycling Property and transported from the Recycling property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10.” 4. Modify provision #5.2.5, Storing of Recycling Materials, as follows: “The Recycled Materials, both before and after processing, may be stored on the Recycling Property and on the balance of the Property. The facility and all associated grounds shall be maintained in an orderly manner to keep them from becoming a public nuisance as defined in Meridian City Code (MCC) 4-2-1; procedures and penalties for general nuisances are listed in MCC 4-2-4.” 5. Modify provision #5.3.3, Compliance with all federal, state, and locate entities with jurisdiction, including, but not limited to, DEQ Department of Environmental Quality, Department of Agriculture, and Central District Health Department, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, the, and the Idaho Department of Water Resources,. Timber Creek may shall take any action to: (a) Comply with conditions imposed on it by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; (b) Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction; and (c) Cure or correct deficiencies or issues identified by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction. EXHIBIT B Meridian City Council Meeting Agenda November 7, 2018 – Page 360 of 520 6. Modify provision #6.3.2 Landscaping as follows, “Timber Creek will install trees and other landscaping features on the Recycling Property, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landscaping will shall be installed within one (1) year from the date of this Agreement prior to commencement of the proposed expanded use. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Plan as required in provision #5.2.2 Screening has been installed.” 7. Modify provision #6.5 Dust Abatement, as follows: “Timber Creek Recycling will take commercially reasonable steps to abate the dust caused by the Recycling Activities as follow: All driveways into and through the facility, and any open area with a driving surface shall be surfaced improved with a dustless material including but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks or recycled asphalt (i.e. asphalt grindings) in accord with UDC 11- 3C-5B.1. 6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 8. Delete provision #6.9 Sunset on Composting: “Timber Creek’s use of the Recycling Property for composting, as permitted under this Agreement, shall be reviewed by the City in 2030. As part of the review, City shall: a) consider the development of the property surrounding he Recycling Property, the benefits derived by the community by the composting, and Timber Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required by the UDC, and permit the public to provide input on whether to continue to permit compositing on the Recycling Property. The City shall determine whether to permit Timber Creek to continue composting on the Recycling Property for another period of ten (10) years under the terms of this Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting on the Recycling Property (unless permitted under the UDC). See recommended changes to provision #4.8. 9. Add provision: “The leaching pond(s) and any other open water pond(s) on the site shall have recirculated water and be maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8.” 10. Add provision: “All mechanical equipment and operations, power-driven processing equipment and operations, shipping and delivery areas, and other outdoor activity on Property shall be located at least 300 feet from abutting residential districts.” 11. Add provision: “Solid waste shall not be accumulated on Property or upon any street adjacent to Property so as to cause or create a public nuisance from offensive odor, atmosphere or harboring of vectors. Waste shall be managed and maintained in such a manner that it will not be blown, washed or carried to adjacent properties as set forth in Meridian City Code 4-1-10.” Meridian City Council Meeting Agenda November 7, 2018 – Page 361 of 520 12. Add provision: “Burning, incinerating, burying, or any other manner disposing of solid waste or recyclable materials is prohibited on Property as set forth in Meridian City Code 4-1-10.” 13. Add provision: “Timber Creek Recycling shall adhere to all applicable federal, state and local laws and regulations that govern the collection, transporting and disposal of the recyclable material(s) being collected.” NOTE: Prior to Council approval of a signed amended DA for this property, the Applicant shall complete the following: 1) Submit a copy of the Odor Management Plan approved by DEQ referenced in Section 6.2.1 for inclusion as an exhibit in the DA; and 2) Submit a landscape plan the demonstrates compliance with the screening requirements noted in provision #5.2.2 that has been approved by Staff for inclusion as an exhibit in the DA. Meridian City Council Meeting Agenda November 7, 2018 – Page 362 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 8 E Project File Number: H-2018-0097 Item Title: Public Hearing for Smith Rezone Meeting Notes: (H-2018-0097) by Scott Smith, Located at 1321 & 1323 Main St. Request: Rezone of 0.73 of an acre of land from the C -C to the O -T zoning district 9 APPROVED' 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 mith Rezone (H-2018-0097) by S cott S mith, L ocated at 1321 & 1323 M ain S t. 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 10/23/2018 Minutes from Planning and Z oning Commission Minutes 10/11/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/23/2018 - 8:58 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 363 of 520 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/7/2018 Hearing Type: Council Item Number: 8-E Project Name: Smith Rezone Project No.: H-2018-0097 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2018 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=97 11/8/2018 Smith Rezone – RZ H-2018-0097 PAGE 1 STAFF REPORT Hearing Date: November 7, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Smith Rezone – RZ (H-2018-0097) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Scott Smith, has submitted an application for Rezone (RZ) of 0.73 of an acre of land from the C-C to the O-T zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ 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 October 4, 2018. At the public hearing, the Commission moved to recommend approval of the subject RZ request. a. Summary of Commission Public Hearing: i. In favor: Scott Smith, 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 Commission: i. The Commission was in favor of the proposed residential use and existing access remaining. 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- 0097, as presented in the staff report for the hearing date of November 7, 2018, with the following modifications: (Add any proposed modifications). Meridian City Council Meeting Agenda November 7, 2018 – Page 364 of 520 Smith Rezone – RZ H-2018-0097 PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0097, as presented during the hearing on November 7, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0097 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 1321 & 1323 N. Main St. (Parcel #R6129020341), in the northwest ¼ of Section 7, Township 3 North, Range 1 East B. Owner: Team Construction 2286 N. Glennfield Way Meridian, ID 83642 C. Applicant: Scott Smith 1321 & 1323 N. Main St. Meridian, ID 83642 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 a rezone. 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: September 14, 2018 (Commission); October 19, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: September 7, 2018 (Commission); October 16, 2018 (Council) D. Posted on Next Door: September 11, 2018 (Commission); October 16, 2018 (Council) E. Applicant posted notice on site(s) on: September 24, 2018 (Commission); October 21, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site contains two (2) structures – one is currently vacant and the other contains a retail store; the overall property is zoned C-C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial/office uses, zoned C-C 2. East: N. Main Street and commercial, office and residential uses, zoned C-C Meridian City Council Meeting Agenda November 7, 2018 – Page 365 of 520 Smith Rezone – RZ H-2018-0097 PAGE 3 3. South: Funeral home, zoned C-C 4. West: Residential and vacant/undeveloped lot; and personal service (beauty salon), zoned C- C C. History of Previous Actions: The existing 2,164 square foot structure at the front of the property was constructed in 1937 and was converted from a residential dwelling to a commercial/retail structure in 2001. The existing 1,560 square foot structure at the rear of the property was constructed in 1983 and converted to a commercial/retail structure in 2001. In 2011, a Certificate of Zoning Compliance (CZC-11-016, Wellbriety Counseling) was approved for the operation of a health and social service facility in the building located at 1323 N. Main Street (i.e. the rear structure). Alternative Compliance (ALT-11-004) was approved to allow the use of an unimproved non-conforming parking lot to the north and west of the structure to be used for a parking area until the site is either expanded or redeveloped in the future. In 2012, a Certificate of Zoning Compliance Verification (CZCV-12-008) was approved for the Calico Cattery at 1321 N. Main Street (i.e. the front structure). A Certificate of Occupancy (walk-thru) application has been submitted to the City for the rear structure, housing Calico Cattery (which moved from the front structure), at 1323 N. Main Street; all inspections have passed and the permit is awaiting issuance from the Building Official. A commercial tenant improvement application has been submitted for the front structure at 1321 N. Main Street. If the subject rezone application is approved and the use is converted from a commercial to a residential use, a residential permit will be required to be submitted. D. Utilities: 1. Location of sewer: City sewer service is currently provided to this property. 2. Location of water: City water service is currently provided to this property. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no ditches/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 Old Town. The Old Town designation includes the historic downtown and the true community center. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over ground floor retail or office uses. The applicant proposes to reuse the existing structure located on the front of the property facing N. Main Street and convert it back to a residence for his personal use. The existing structure at the rear of the property houses a retail store (i.e. Calico Cattery) that is proposed to remain. The existing and proposed use of the property is consistent with that desired within the Old Town designated area. Meridian City Council Meeting Agenda November 7, 2018 – Page 366 of 520 Smith Rezone – RZ H-2018-0097 PAGE 4 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (UDC 11-2A-1): The purpose of the Traditional Neighborhood Districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. The purpose of the Old Town district is to accommodate and encourage further intensification of the historical City center in accord with the Meridian Comprehensive Plan. The intent of the O-T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban City center. B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the O-T zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings and retail stores are both listed as principle permitted uses; and an animal care facility, which includes boarding, is prohibited in the O-T district. C. Dimensional Standards: Any development on the site should be consistent with the dimensional standards listed in UDC Table 11-2D-3 for all traditional neighborhood districts and 11-2D-4 for the O-T zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Rezone: The applicant has applied for a rezone of 0.73 of an acre of land from the C-C to the O-T zoning district consistent with the Old Town FLUM designation as noted above in Section VII. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. There are two (2) existing structures on this site that are proposed to remain. The building at the rear of the property houses the Calico Cattery, which the Applicant states is primarily a retail store with some ancillary cat boarding; this use is proposed to remain and no changes are proposed. This business was formerly located in the front building and moved to the rear building. The building at the front of the property is proposed to be remodeled and converted from a commercial use back to a single-family residence for the Applicant’s personal use. The definition in the UDC (11-1A-1) for animal care facility includes boarding. Animal care facilities are not specifically listed as an allowed use in the O-T zoning district (UDC Table 11- 2D-2); therefore, the use would typically be prohibited. However, the Director has the ability to allow a use that is not specifically listed in the allowed use table as set forth in UDC 11-1-5E if determined the proposed use is in substantial conformance with the goals and objectives of the Comprehensive Plan; is consistent with the purpose of the district in which the use is located; does not involve a higher level of activity than one or more of the uses listed in the district as allowed; and the impacts on public services and activities associated with the use are substantially similar to those of one or more of the uses listed in the district as allowed. In accord with the above criteria, the Director is amenable to allowing the existing cat boarding use to continue as-is in the O-T district for the following reasons: the use is ancillary to a Meridian City Council Meeting Agenda November 7, 2018 – Page 367 of 520 Smith Rezone – RZ H-2018-0097 PAGE 5 principle permitted use (i.e. retail) in the district; the use contributes to the mix of uses and services available to residents and visitors in the downtown area as desired in traditional neighborhood districts and the Old Town designated area in the Comprehensive Plan; and the use does not involve a higher level of activity than other uses allowed in the district as all activity associated with the use is contained with the building and does not impact adjacent property owners and is not a high traffic use. There are two (2) existing driveways/curb cuts, one on each side of the property, that provides access to the site via N. Main Street – the northern access is signed “exit only” and the southern access is signed “entrance only”. Although the UDC (11-3A-3) restricts access to arterial streets (i.e. N. Main St.), Staff is amenable to both of the accesses remaining at this time for the following reasons: 1) the intensity of the use is anticipated to decrease with the change in use of the front structure from commercial to residential; and 2) the accesses are signed entrance/ exit only which ACHD views as one driveway [with two (2) curb cuts] which prevents vehicles backing out into the street creating a safety hazard – Staff agrees with this determination and feels it’s in the best interest of public safety for the two driveways to remain. However, if/when the property redevelops in the future, access may be re-evaluated at that time by the City and ACHD and access may be restricted and cross access required to surrounding properties in accord with UDC 11-3A-3. A Certificate of Zoning Compliance (CZC) is required to be obtained from the Planning Division for the establishment of a new use (i.e. single-family detached dwelling) to ensure that the new use complies with all provisions of the UDC before the use is established. The UDC (Table 11- 3C-6) requires off-street parking to be provided for single-family detached dwellings based on the number of bedrooms per unit; the proposed 3-bedroom dwelling requires a minimum of 4 spaces per unit – at least 2 of those in an enclosed garage, other spaces may be enclosed or a minimum 10’ by 20’ parking pad. There is no covered parking that exists on this site and the parking for the front building appears to be shared with the existing business at the rear of the property; a large portion of the rear of this property is unpaved with a dirt surface. Staff considers the lack of covered parking on this site to be a nonconforming use since the original use of the structure was residential and no covered parking exists on the site; as such, it’s subject to the provisions listed in UDC 11-1B-4, Non-Conforming Use. There appears to be a total of 6 paved parking spaces on the site for the overall property, which is one (1) fewer than the minimum required for the commercial business and residential use combined; the commercial use requires a minimum of 3 spaces based on the square footage of the building (i.e. 1,560 square feet) and the residential use requires a minimum of 4 spaces based on 3 bedrooms. A total of 7 parking spaces meeting the improvement standards listed in UDC 11-3C- 5B should be provided on the site and depicted on the site plan submitted with the CZC application. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure compliance with the provisions of the rezone 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 rezone 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 Meridian City Council Meeting Agenda November 7, 2018 – Page 368 of 520 Smith Rezone – RZ H-2018-0097 PAGE 6 1. Vicinity/Zoning Map 2. Aerial View of the Property B. Agency & Department Comments C. Legal Description and Exhibit Map for Rezone Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda November 7, 2018 – Page 369 of 520 Smith Rezone – RZ H-2018-0097 PAGE 7 A. Drawings 1. Vicinity/Zoning Map Structure fronting on N. Main St. Meridian City Council Meeting Agenda November 7, 2018 – Page 370 of 520 Smith Rezone – RZ H-2018-0097 PAGE 8 Exhibit A.2: Aerial View of the Property Meridian City Council Meeting Agenda November 7, 2018 – Page 371 of 520 Smith Rezone – RZ H-2018-0097 PAGE 9 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. If the intensity of the use of the property increases in the future from retail and single-family residential, access to the property may be restricted from two (2) to one (1) access driveways via N. Main Street, an arterial street, as determined by the City of Meridian in accord with UDC 11-3A-3 and the Ada County Highway District. Additionally, a cross-access easement(s) may be required to adjacent properties for interconnectivity and reduction of access points from the arterial street (i.e. N. Main Street). b. The existing retail store with ancillary cat boarding is allowed to continue as currently operating; however, the cat boarding portion of the use may not be expanded unless the Unified Development Code (UDC) is amended in the future to specifically allow the use in the district. c. A Certificate of Zoning Compliance application is required to be submitted to the Planning Division for the establishment of a new use (i.e. single-family detached dwelling) prior to issuance of building permits as set forth in UDC 11-5B-1B. The existing uncovered parking on the site is deemed to be a nonconforming use per UDC 11-1A-1; as such, it’s subject to the provisions listed in UDC 11-1B-4, Nonconforming Use. Note: A minimum total of 7 shared off-street parking spaces are required to be provided on the site for the non-residential use and the residential use (based on the 3 bedroom unit) and shall be improved per the standards listed in UDC 11-3C-5B. Further, if the dwelling is converted to a duplex in the future, the developer is required to fully comply with the parking standards listed in UDC Table 11-3C-6. d. A residential building permit application shall be submitted to the Building Division for the property at 1321 N. Main Street once the property is rezoned to the O-T district; issuance of the permit shall take place prior to any further construction occurring on the site. 2. POLICE DEPARTMENT 2.1 The Police Department has no comments on this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments on this application. Meridian City Council Meeting Agenda November 7, 2018 – Page 372 of 520 Smith Rezone – RZ H-2018-0097 PAGE 10 4. ADA COUNTY HIGHWAY DISTRICT (ACHD) 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comments on this application. 6. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) 6.1 NMID has no comments on this application as they have no facilities at this location. Meridian City Council Meeting Agenda November 7, 2018 – Page 373 of 520 Smith Rezone – RZ H-2018-0097 PAGE 11 C. Legal Description & Exhibit Map for Rezone Boundary Meridian City Council Meeting Agenda November 7, 2018 – Page 374 of 520 Smith Rezone – RZ H-2018-0097 PAGE 12 Meridian City Council Meeting Agenda November 7, 2018 – Page 375 of 520 Smith Rezone – RZ H-2018-0097 PAGE 13 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full i nvestigation 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 rezone the subject 0.73 of an acre property from the C-C to the O-T district consistent with the Old Town FLUM designation for this property. The Commission finds that the proposed map amendment and uses comply with the provisions of the Comprehensive Plan and should be compatible with the adjacent commercial and office uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the O-T zoning district is consistent with the purpose statement and complies with the regulations for the traditional neighborhood district as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. This property currently receives City services. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding does not apply as this application is for a rezone, not annexation. Meridian City Council Meeting Agenda November 7, 2018 – Page 376 of 520 C. Public Hearing for Smith Rezone H-2018-0097 by Scott Smith, Located at 1321 & 1323 Main St. 1. Request: Rezone of 0.73 of an acre of land from the C-C to the O-T zoning district McCarvel: With that we will open up the public hearing for Smith Rezone, H-2018-0097, and we begin with the staff report. Allen: Are we on? Okay. This site consists of .73 of an acre of land. It's zoned C-C, located at 1321 and 1323 North Main Street. Adjacent land use and zoning. To the north is commercial office uses, zoned C-C. To the east is North Main Street and commercial office and residential uses zoned C-C. To the south is a funeral home, zoned C-C. And to the west is residential and vacant, undeveloped land and a personal service, beauty salon, zoned C-C. There are two existing structures on this site. Let me go to the regular view here real quick. The one at the front of the property was constructed in 1937. The one right here. As a residential dwelling. And was converted to a commercial structure in 2001. The structure at the rear of the property was constructed in 1983 and was converted to a commercial use in 2001 . So, this is the front structure proposed to be converted to a dwelling and, then, this rear structure. A rezone of .73 of an acre of land is proposed from the C-C zoning district to the Old Town zoning district. It's requested consistent with the Old Town future land use map designation. Two existing structures on the site are proposed to remain. The structure at the rear of the property houses the Calico Cattery, primarily a retail store, with ancillary cat boarding, and the front structure is supposed to be converted from commercial back to a residential use. Access is provided for this site via two one way drive aisles -- drive aisles to and from Main Street. Staff and ACHD recommends these accesses remain with no changes. And if the property redevelops in the future with a more intense use, the access may be restricted to a single access and cross -access easements may be required to adjacent properties , but not at this time. The UDC requires off street parking to be provided based on the square footage of the residential structure and the number of bedrooms in the dwelling. Back to this map real quick here. Based on the square footage of the structure, 1,560 square feet of the commercial structure and the number of bedrooms, three in the proposed residential dwelling, a minimum of seven spaces are required. There are currently six paid parking spaces for the shared use. An additional -- one additional space is required to be provided on the site in order to comply with the minimum UDC standards. Approval of the proposed rezone will allow the residential use in the multi -zoning districts. Currently the residential use is prohibited in the C-C district. There was no written testimony received on this application. Staff is recommending approval with the requirement of a development agreement per the provisions in Exhibit B of the staff report. Staff will stand for any questions. McCarvel: Any questions for staff? Cassinelli: Madam Chair? Meridian City Council Meeting Agenda November 7, 2018 – Page 377 of 520 McCarvel: Commissioner Cassinelli. Cassinelli: Sonya, what are -- you just mentioned Old -- Old Town allows for residential. What are some of the -- maybe some of the other differences between the C-C and the and the Old Town, other than -- Allen: Well, the -- Cassinelli: What could they -- I guess what could -- you know, what -- what would the Old Town allow them to do, other than the -- other than use it for residential? Allen: I will answer you in a round about way, though. The Old Town zoning district that they are requesting is consistent with the Old Town future land use map designation. C-C zoning district is more intense than an Old Town zoning district. It allows higher intense commercial uses. The Old Town district allows residential and a mix of lower intense commercial uses. So, we are looking at service-type uses, residential, office, light commercial type uses. If you would like -- if you would like me to bring up a use table -- I'm not sure if you can read it very good on your screens, but I'm -- Cassinelli: No. Just that -- just kind of that -- that broad overview is helpful. Allen: The Old Town district is more -- more consistent with the Comprehensive Plan and what it is zoned right now. Cassinelli: Okay. McCarvel: Any other questions for staff? Okay. Would the applicant like to come forward? Smith: I think Sonya hit it pretty good. McCarvel: Okay. State your name and address. Smith: Scott Smith. 2286 North Glenfield Way, Meridian, Idaho. 83642. I'm sorry. 83646. Yeah. She hit it pretty good. What I'm looking at doing is turning that front building there into a residential building for myself and my son and , then, the back building will stay as it is and be retail and it's the Calico Cat -- I think it's called the Calico Cattery. So, she's a good tenant. When I bought the property I was very impressed with it and the fact that I never thought I would own a cat house. Okay? And it's legal. Okay? But it's a very -- it's a very polished -- polished place. It's a place that we can be proud of to have it in downtown Meridian and so will live in the house when I'm done with it. Meridian City Council Meeting Agenda November 7, 2018 – Page 378 of 520 McCarvel: Any questions for the applicant? I do have one. Staff recommended that you have one more parking spot. Are you okay with that or -- Smith: I am. A question to go on that. I thought -- and it's just a confusion, but I thought I was good with six when we talked that one time, but if it's -- if it's seven I guess -- and is it very flexible in where I can have the spot? Is it -- can I go on the side? Can I go on the -- it has got to be paved I assume; right? Is that correct? Parson: Yeah. Madam Chair, Members of the Commission, yeah, we are flexible on where you can put that additional parking spot. Smith: Okay. Yeah. Because I don't -- one nice thing about that -- the business that's back there, there is usually one or two cars there at any given time and, then, now with myself there will only be one or two cars of myself and my son. So, if I am able to put one in the back that would be fantastic. McCarvel: Okay. Perreault: Madam Chair? Smith: Or the side would be good, too. Perreault: So, is the home currently used as part of the business? Smith: No. Perreault: What -- what is the use of the home? Smith: It will be my house. My residence. Perreault: It's currently your residence? Smith: I wish. No, not yet. Perreault: Okay. McCarvel: What is it currently being used for? Smith: Nothing. I'm going to restore it. Fix it up. Fitzgerald: Madam Chair? McCarvel Mr. Fitzgerald. Fitzgerald: It was a commercial use up until now -- until you bought it; correct? Meridian City Council Meeting Agenda November 7, 2018 – Page 379 of 520 Smith: Yeah. It was -- I don't know how they did it. It was pretty rough on the inside, but yeah. Fitzgerald: Do you have -- I mean is your vision for this to redevelop it in the future or -- that space or is it -- would you want to maintain it -- as we are growing downtown I just wondered what is your vision for that property. Smith: I would like to give you a good answer for it. I don't know. You know, right now what I would like to do is make that thing a top notch place and would like to -- the place is right to the two left of me right there as you go south are fantastic buildings. One of them is the realtor's place, Ron -- I forget his last name. And the other one is a funeral home. Very good looking houses. It will look the same, if not better than the two of those. What I plan on doing with it right now -- I plan on it being my residents. Now, five, ten years down the road I don't know. It's a great piece of property. It's on two- thirds of an acre and that's why I bought it. McCarvel: Okay. Parsons: Madam Chair, Members of the Commission, just want to share with you that we met with Scott during the pre-application meetings. Met with him before he had a pre-application meeting with staff, actually, and we talked about many different possibilities for what you could do on this particular property. So, I do appreciate Mr. Cassinelli's comments on what does Old Town allow versus C-C zoning or commercial zoning. Now, the reason why we are here for the rezone is because the current C-C zone doesn't allow residential use and Old Town does. So, that's why we are here rezoning this evening. So, just keep that in mind, but in -- if he were to redevelop there is potential for multi-family on this site, more intense, so he can convert, add more units on the site without having to come back through a public hearing or any of those things and those are a lot of things that we talked about. So, we talked about many different scenarios, what those parking ratios look like. So, I just want to go on the record -- yes, we talked about many different developments and options for this site and if and when additional parking would be triggered. In this particular case, because he is kind of changing the use of the residence from commercial to residential, the applicability section of our UDC does require that we analyze parking for the development and that's why Sonya had said at least add some more surface parking, not necessarily the two garage spaces that's required by ordinance . So, something to take under consideration this evening. McCarvel: Any other questions for the applicant? Thank you. Smith: Okay. Thanks, guys. McCarvel: Did we have anybody signed up for public testimony this evening? Johnson: No, Madam Chair. Meridian City Council Meeting Agenda November 7, 2018 – Page 380 of 520 McCarvel: That being said, is there anyone in the room who would like to testify on this application? Okay. Fitzgerald: Madam Mayor? McCarvel: Commissioner Fitzgerald. Fitzgerald: I move we close the public hearing on H-2018-0097. Cassinelli: Second. McCarvel: It has been moved and seconded to close the public hearing on H-2018- 0097. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Cassinelli: Madam Chair? McCarvel: Commissioner Cassinelli. Cassinelli: I have a follow on question to staff. In the review what's been going on with the -- you know, the new and updating of the future land use map, Bill, is there -- what -- what's the -- are we going to -- is the desire to keep that stretch commercial like that? There is a lot of neat old homes down there and just kind of curious what the plan is. Parsons: Madam Chair, Members of the Commission, great question. We are not into that portion yet of the update to the Comprehensive Plan, but as Sonya mentioned, we do envision Old Town here, which would allow some of those homes to remain as they are. They could remain as commercial or as residential homes. They could be converted to commercial uses. If memory serves me correctly, I believe this property was annexed -- or at least rezoned to commercial in the '70s at some point in time before we even had a Comprehensive Plan and that's why we see it being more of an Old Town -- like a mix of uses or more intensification on the land use in that area . But I would also let you know that back in 2008 or 2009 our urban renewal district , MDC, went through a process of trying to get what we call Destination Downtown plan. It's kind of an addendum to our Comprehensive Plan and this is part of that Washington district. So, there is a certain character that we do want to remain in this area . I don't see us changing much of that at this point in time, but it's certainly something that we will be looking into or can take under further advisement as we go throu gh -- get further into that Comprehensive Plan update. Cassinelli: Because one thing you mentioned is that in -- in changing this to -- to Old Town and allowing a residence, it could -- you know, it could become a high density residential without having to come back to Planning and Zoning, is that what you said? Parsons: That is correct. Multi-family developments are principally permitted in the Old Town district. Meridian City Council Meeting Agenda November 7, 2018 – Page 381 of 520 McCarvel: Any other questions? Comments? I personally think -- you know, there is a lot of old houses down there and I think he's going to use it for a personal residence and really bring it back to life. That's probably a bonus for Main Street and the accesses the way they are, the in and out for that -- the way that lot is arranged for that business in the back I think works well. I would -- I would be in supportive of it to have this Old Town if they want to use that as a residence. Fitzgerald: Madam Mayor? McCarvel: Mr. Fitzgerald. Fitzgerald: I have no problem. I think being that it's a commercial use now, it's tough to take it back to a residential property, but I think with the future land use map it does -- it's all overlay with Old Town now. I don't see that changing in the future and so it does give Mr. Smith an option -- or some options in the future going forward as that neighborhood transitions, whether that be more commercial, but I think it does, per Commissioner Cassinelli's comments, limits how intense that commercial use can be, so -- and that -- so, it gives us a little bit more I guess control over that as it goes forward. So, I would agree, even though I heard you go back from a commercial to a residential use, because everything around it is commercial -- McCarvel: Yeah. Fitzgerald: -- I understand that's probably not where Mr. Smith will go down the road. He will probably use that land to develop it into something more bright and shiny besides his house. But I like that you want to fix it up. So, I have no problem with the change. McCarvel: I think if he makes it -- makes it a primary residence all bright and shiny, maybe it stays. I don't know. Fitzgerald: Yeah. Maybe so. McCarvel: Okay. Any other comments? Do we want to hear a motion? Cassinelli: Madam Chair? McCarvel: Commissioner Cassinelli. Cassinelli: After considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number H-2018-0097 as presented in the staff report for the hearing date of October 4th, 2018, with the following modifications: I think just the one, the additional parking space, was that correct? Fitzgerald: I think it's already -- Meridian City Council Meeting Agenda November 7, 2018 – Page 382 of 520 McCarvel: I think it's in the -- Cassinelli: It's already in there, so -- McCarvel: Yeah. Cassinelli: Okay. So, with no additional modification. Perreault: I second that motion. McCarvel: It has been moved and seconded to approve file -- recommend approval on file number H-2018-0097. All those in favor say aye. Opposed? Motion carries. Thank you. MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: So, at this time we will open -- oh, we are continuing from September 6th and September 20th, H-2018-0081, EEG Office Building, and we will begin with the staff report. Allen: Madam Chair, Members of the Commission, the next applications -- McCarvel: Oh. Westbridge. Sorry. Allen: The next applications before for you -- Meridian City Council Meeting Agenda November 7, 2018 – Page 383 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 8 F Project File Number: H-2018-0088 Item Title: Public Hearing for Westbridge Subdivision Meeting Notes: (H-2018-0088) by Jane Suggs, Located at 5745 and 5865 N. Black Cat Rd. Request: Annexation and Zoning of 12.84 acres of land with an R-4 zoning district; and Request: Preliminary Plat consisting of 30 building lots and 9 common lots on 12.71 acres of land in an R-4 zoning district 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 7.F. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Westbridge Subdivision (H-2018-0088) by J ane S uggs, L ocated at 5745 and 5865 N. B lack C at Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/24/2018 Minutes from Planning and Z oning Commission Minutes 10/11/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/24/2018 - 1:28 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 384 of 520 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/7/2018 Hearing Type: Council Item Number: 8-F Project Name: Westbridge Subdivision Project No.: H-2018-0088 Active: ❑ Page 1 of 1 Signature Name Address City -State -Zip For Against Neutral I Wish To Testify Sign In Date/Time Libby 5000 Meridian, I'd 11/7/2018 X bagley Larry In 83646 5:52:44 PM 5000 Meridian, 11/7/2018 John ba le bagley X Larry In. id.83646 5:54:43 PM Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=98 11/8/2018 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 1 STAFF REPORT Hearing Date: November 7, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Westbridge Subdivision – AZ, PP (H-2018-0088) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Jane Suggs, has submitted an application for annexation and zoning (AZ) of 12.84 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 30 building lots and 9 common lots on 12.71 acres of land for Westbridge Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications 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 October 4, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jane Suggs, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Jane Suggs, Applicant’s Representative 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. The Commission was in favor of larger lot sizes and decreased density with the “step” down in density requested by the Applicant. 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- 0088, as presented in the staff report for the hearing date of November 7, 2018, with the following modifications: (Add any proposed modifications). Meridian City Council Meeting Agenda November 7, 2018 – Page 385 of 520 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0088, as presented during the hearing on November 7, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0088, 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 5745 & 5865 N. Black Cat Rd., in the NE ¼ of Section 28, Township 4N., Range 1W. (Parcel Numbers: S0428143150 & S0428141600) B. Owners: Viper Investments Susan Brandel 1977 E. Overland Rd. 3313 W. Cherry Ln. Meridian, ID 83642 Meridian, ID 83642 C. Applicant: Jane Suggs, WH Pacific 2141 W. Airport Way, Suite 104 Boise, ID 83705 D. Representative: Same as Applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 14, 2018 (Commission); October 19, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: September 7, 2018 (Commission); October 16, 2018 (Council) D. Applicant posted notice on site(s) on: September 21, 2018 (Commission); October 24, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of two (2) single-family residential parcels, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential properties, zoned RUT in Ada County 2. South: Future residential (Oaks North Subdivision), zoned R-15 Meridian City Council Meeting Agenda November 7, 2018 – Page 386 of 520 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 3 3. West: Future school site, zoned RUT in Ada County 4. East: N. Black Cat Rd. and single-family residential (Bainbridge Subdivision), zoned R-8 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Sanitary sewer service is available to this property from the existing sanitary sewer trunk line in N. Black Cat Road. 2. Location of water: Domestic water service is available to this property from existing water main line in N. Black Cat Road. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The McMullen Lateral runs along the north boundary of this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property is not within the flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop this 12.71 acre site with 30 single-family residential detached homes at a gross density of 2.4 dwelling units per acre (d.u./acre), which is slightly below that desired in MDR designated areas. Per the Comprehensive Plan, in residential areas, other residential densities will be considered without requiring an amendment to the Plan; however, the density can only be changed one “step” (i.e. from low to medium, not low to high). The reasons stated by the Applicant for the request are as follows: 1) increasing the density to more than 30 lots would require a secondary emergency access to be provided and fire flow would need to be addressed differently; and, 2) the geometry and characteristics of the site (i.e. the location of the McMullen Lateral along the north boundary, and the necessary public streets) impact the available building area resulting in a lower density than desired in the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): “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 low density development with single-family detached homes will contribute to the variety of housing types available within the northern portion of the City. Staff is unaware of how “affordable” the units will be. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots with development of the site in accord with UDC 11-3A-21. Meridian City Council Meeting Agenda November 7, 2018 – Page 387 of 520 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 4 “Require common area in all subdivisions.” (3.07.02F) A minimum of 10% qualified open space is required to be provided with this development in accord with the standards listed in UDC 11-3G-3 as proposed. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts two stub streets to adjacent properties to the north and south of this development for future extension and interconnectivity. “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in Exhibit B of this report. “Consider the adopted COMPASS regional long-range transportation plan in all land use decisions.” (3.03.02G) A review of this development was completed by COMPASS and is included in Exhibit B (section 10). “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) A segment of the City’s multi-use pathway system is proposed along the east side of this site adjacent to N. Black Cat Rd. and will eventually provide a connection between adjacent cities. For the above-stated reasons, staff finds the proposed project is generally consistent with the goals and objectives in the Comprehensive Plan if a “step” down in density is deemed appropriate by City Council. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-5 in accord with the standards listed in UDC 11-3B-7C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. Meridian City Council Meeting Agenda November 7, 2018 – Page 388 of 520 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 5 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 12.84 acres of land with an R-4 zoning district with a request for a “step” down in density from MDR to LDR as discussed above in Section VII. The proposed R-4 zoning district is compatible with either the LDR or MDR FLUM designation and with the proposed plat. The applicant proposes to develop 29 new single-family residential detached homes on the site for a total of 30 building lots with retention of the existing home at the west boundary of the site at a gross density of 2.4 units per acre. Because the proposed density is slightly below that desired within the MDR FLUM designation of 3 to 8 units per acre, Council approval of a “step” down in density is required. If Council does not determine a step down is appropriate, the density will need to be increased slightly consistent with that desired in the MDR designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of a total of 30 building lots for single-family residential detached homes and 9 common lots on 12.71 acres of land in a proposed R-4 zoning district (see Exhibit A.2). The gross overall density for the subdivision is 2.4 dwelling units per acre (d.u./acre) with a net density of 4.2 d.u./acre. Proposed building lots range in size from 8,096 to 13,570 square feet with an average new lot size of 10,060. This subdivision is proposed to develop in one phase. Existing Structures: There are two (2) existing homes and accessory structures on this site. The existing home at 5865 N. Black Cat Rd. at the west end of the development will remain on proposed Lot 2, Block 1; all other structures should be removed prior to City Engineer’s signature on the final plat. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-5 for the R-4 zoning district. Staff has reviewed the proposed plat and found all of the proposed lots to comply with the minimum dimensional standards of the district. Future structures on the site are required to comply with the setback standards of the R-4 zoning district. Traffic: ACHD did not require a Traffic Impact Study (TIS) for the proposed development. See comments from ACHD and ITD in Exhibit B of this report. Access: One access is proposed for this site via N. Black Cat Road. If Council does not approve the “step” down in density and additional lots are added, a secondary emergency access will be required in accord with International Fire Code standards. Stub Streets: Two (2) stub streets are depicted on the preliminary plat – one to the north (N. Willowside Ave.) and one to the south (N. Oakstone Ave.) – for future extension and Meridian City Council Meeting Agenda November 7, 2018 – Page 389 of 520 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 6 interconnectivity with adjacent future developments as set forth in the Comprehensive Plan. A stub street was shown on the preliminary plat for the Oaks North development at the south boundary of this site in alignment with the proposed N. Oakstone Ave. Since this street will eventually be extended to the south, Staff recommends a temporary turn around easement is placed on the lots affected by the cul-de-sac to terminate when the cul-de-sac is no longer necessary. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Landscaping: Landscaping is required to be provided in the subdivision in accord with the standards listed in UDC 11-3B-7C (Street Buffers/Parkways), 11-3G-3E (Common Open Space Areas), and 11-3B-12C (Pathways) A 35-foot wide street buffer is required along N. Black Cat Road, an entryway corridor. The Landscape Calculations table should include calculations that demonstrate compliance with the parkway landscape standards. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement. The landscape plan states the existing trees around the existing houses are proposed to be removed and that trees will be mitigated for within common open spaces and landscape buffers. A total of 72 trees (144 caliper inches) are proposed as mitigation for existing trees that are proposed to be removed. Prior to removal of ANY trees on the site, the Applicant should contact the City Arborist, Elroy Huff (208)371-1755, to confirm mitigation requirements. Open Space/Site Amenities: The UDC requires a minimum of 10% qualified open space to be provided with development and a minimum of one qualified site amenity. A total of 1.6 acres of qualified open space is proposed within the development consisting of half the street buffer along N. Black Cat Rd., an arterial street; the parkway along the south side of W. Vanderbilt Dr.; common area containing a micro-path to the school site, a tot lot and a storm water drainage facility in accord with UDC standards. A segment of the City’s regional pathway system is proposed along the east boundary of this site adjacent to N. Black Cat Rd., a micro-path to the school site and a tot lot with play equipment is proposed as amenities for the subdivision in accord with UDC standards. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A detached sidewalk is required to be constructed along N. Black Cat Rd., an arterial street. Because a multi-use pathway is depicted on the Pathways Master Plan along the west side of N. Black Cat Rd., Staff recommends a 10-foot wide pathway is constructed in lieu of a sidewalk. Pathways: Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 and the Pathways Master Plan as applicable; landscaping is required adjacent to pathways in accord with the standards listed in UDC 11-3B-12C. The Pathways Master Plan depicts a regional pathway on this site along the west side of N. Black Cat Rd. Staff recommends the pathway is constructed in lieu of a sidewalk in this location. A micro-path is also proposed at the west boundary to the future school. Meridian City Council Meeting Agenda November 7, 2018 – Page 390 of 520 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 7 Parkways: Parkways are proposed along the south side of W. Vanderbilt Drive and are required to be landscaped in accord with the standards listed in UDC 11-3A-17E if counted toward qualified open space as proposed. 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. The existing home proposed to remain on Lot 2, Block 1 shall hook up to City water and sewer service within 60 days of it becoming available. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Pressurized irrigation is proposed to be provided by the Settler’s Irrigation District and will be owned and maintained by the Homeowner’s Association. The primary irrigation source will be the McMullen Lateral. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A storm drainage pond is proposed on Lot 13, Block 1 and Lot 1, Block 3. Note: All ponds with a permanent water level shall comply with the standards listed in UDC 11-3G-3B.8, including having recirculated water and be maintained so that it doesn’t become a mosquito breeding ground. Waterways: The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The McMullen Lateral runs along the northern boundary of this site and is proposed to be piped with development; the easement for the lateral should be depicted on the plat. Building Elevations: The applicant has submitted conceptual building elevations for future single-family detached homes within this development (see Exhibit A.5). Building materials consist of a mix of siding materials with stone veneer accents. Future structures shall be generally consistent with these elevations. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6 and 11-3A-7. A 6- foot tall vinyl fence is proposed around the perimeter of the development; a 4-foot tall vinyl fence is proposed along the pathway on Lot 3, Block 1. The height and/or material of the 6-foot tall fence proposed adjacent to the drainage pond on Lot 13, Block 1 and Lot 1, Block 3; and adjacent to Lot 1, Block 1 and Lot 10, Block 2 where the (piped) McMullen Lateral is located should be revised to comply with the standards listed in UDC 11-3A-7A.7. In summary, Staff recommends approval of the proposed annexation and zoning with a “step” down in density from MDR to LDR with the requirement of a DA, and the proposed preliminary plat with the provisions in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 8/1/18) 3. Proposed Landscape Plan (dated: 7/25/18 10/15/18) Meridian City Council Meeting Agenda November 7, 2018 – Page 391 of 520 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 8 4. Qualified Open Space Exhibit 5. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda November 7, 2018 – Page 392 of 520 Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda November 7, 2018 – Page 393 of 520 Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 8/1/18) Meridian City Council Meeting Agenda November 7, 2018 – Page 394 of 520 Exhibit A Page 3 3. Proposed Landscape Plan (dated: 7/25/18 10/15/18) Meridian City Council Meeting Agenda November 7, 2018 – Page 395 of 520 - 2 - 4. Qualified Open Space Exhibit Meridian City Council Meeting Agenda November 7, 2018 – Page 396 of 520 - 3 - 5. Conceptual Building Elevations Meridian City Council Meeting Agenda November 7, 2018 – Page 397 of 520 - 4 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Comments/Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of 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. Development shall substantially comply with the preliminary plat, landscape plan and building elevations included in Exhibit A and the associated conditions of approval in the staff report. b. The existing home proposed to be retained on Lot 2, Block 1 shall hook up to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. 1.1.2 The preliminary plat included in Exhibit A.2, dated 8/1/18, shall be revised as follows: a. Staff recommends a temporary turn-around easement is depicted on the lots affected by the cul-de-sac at the end of N. Oakstone Ave. to terminate when the street is extended to the south. b. Depict the easement for the McMullen Lateral on Lot 1, Block 1. 1.1.3 The landscape plan included in Exhibit A.4, dated 7/25/2018 10/15/2018, shall be revised as follows: is approved. a. The height/material of the fence adjacent to the drainage pond on Lot 13, Block 1 and Lot 1, Block 3; and adjacent to the (piped) McMullen Lateral on Lot 1, Block 1 and Lot 10, Block 2 shall be revised to comply with the standards listed in UDC 11-3A-7A.7. b. Parkways are required to be landscaped in accord with the standards listed in UDC 11-3A- 17E; include calculations demonstrating compliance with these standards. c. Storm water detention facilities shall comply with the standards listed in UDC 11-3B-11C. 1.1.4 Prior to removal of ANY trees on the site, the Applicant shall contact the City Arborist, Elroy Huff (208)371-1755, to confirm mitigation requirements. 1.1.5 Provide qualified open space (1.6 acres) and site amenities (tot lot play equipment, segment of the City’s multi-use pathway system, micro-path to the school site) as proposed with this application in accord with the standards listed in UDC 11-3G-3. 1.1.6 Submit a detail of the proposed tot lot play equipment with the final plat application. 1.1.7 A 10-foot wide multi-use pathway shall be constructed within the street buffer along N. Black Cat Rd. in accord with the Pathways Master Plan. 1.1.8 Prior to submittal of a final plat for City Engineer signature, the applicant shall submit a public access easement for a multi-use pathway along the west side of N. Black Cat Rd. to the Planning Division for Council approval and subsequent recordation;. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Note: If the pathway will be located within the right-of-way, an easement is not required unless required by ACHD. Meridian City Council Meeting Agenda November 7, 2018 – Page 398 of 520 - 5 - 1.1.9 Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Meridian City Council Meeting Agenda November 7, 2018 – Page 399 of 520 - 6 - 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 The water main shown in N Oakstone Ave will need to extend to the south boundary of this development for a future extension to the south. 2.1.3 If the existing home located on Lot 2, Block 1 is to remain, the applicant shall be responsible for all costs, as well as the physical connection to sanitary sewer and water services. 2.1.4 If the existing home located on Lot 2, Block 1 is to remain, the street address will be re-assigned to a N. Willowside Avenue address with this development. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Meridian City Council Meeting Agenda November 7, 2018 – Page 400 of 520 - 7 - Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. Meridian City Council Meeting Agenda November 7, 2018 – Page 401 of 520 - 8 - 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT SUMMARY OF REPORT: 1. Police Response Time - The Westbridge proposed development is approximately 7.8 miles from the Meridian Police Department. The expected response times to this area in an emergency is just over 4 minutes. Between 8/1/2017 & 7/31/2018 the Meridian Police responded to 1 crash within a mile area of the proposed development. Also, during this same timeline Meridian Police responded to 37 calls for service within a mile area of the proposed development. Most of these calls were suspicious vehicles, property checks and suspicious circumstances. The call load in this proposed area is very low. (See attached document for details) 2. Accessibility –Access for the Meridian Police Department is not an issue for the proposed development in this area. The roadways surrounding this area are more than adequate. 3. Resource needs – There are no additional staffing, equipment needs or other resources needed to serve the proposed development. 4. Other comments- The police department would like to see pathways/sidewalks connect onto Blackcat Road and any other existing connecting pedestrian pathways. All public use areas amenities/pathways need to have natural surveillance opportunities for law enforcement. Meridian City Council Meeting Agenda November 7, 2018 – Page 402 of 520 - 9 - 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. FIRE DEPARTMENT Meridian City Council Meeting Agenda November 7, 2018 – Page 403 of 520 - 10 - Meridian City Council Meeting Agenda November 7, 2018 – Page 404 of 520 - 11 - 5. PARKS DEPARTMENT 5.1 A 10-foot wide segment of the City’s regional pathway system is required to be constructed along the east side of the property adjacent to N. Black Cat Rd. in accord with the Pathways Master Plan. 5.2 The project developer shall design and construct a multi-use pathway on the west side of Black Cat Rd., within the designated landscape easement/common lot, as noted on the Preliminary Plat Landscape Plan, dated 7-25-2018. Any proposed adjustments of this pathway alignment shall be coordinated through the Pathways Project Manager. 5.3 Prior to submittal of a final plat for City Engineer signature, the applicant shall submit a public access easement for a multi-use pathway as described above to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. 5.4 Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi-use pathway(s) [described above] on the final plat. 5.5 Construct multi-use pathway per typical paving section(s) shown in the Meridian Pathways Master Plan Chapter 3. Meridian City Council Meeting Agenda November 7, 2018 – Page 405 of 520 - 12 - 5.6 The owner (or representative association) of the property affected by the public access easement shall have an ongoing obligation to maintain the multi-use pathway. 5.7 6. 6’ high open vision fencing shall be installed between pathways and (live) water irrigation canals and laterals as detailed in the Meridian Pathways Master Plan, Chapter 3, pages 3-5. All other fence details per UDC 11-3A-7. 6. CENTRAL DISTRICT HEALTH DEPARTMENT 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 48-feet of right-of-way from centerline of Black Cat Road abutting the site. Right-of- way is to be compensated. 7.1.2 Improve Black Cat Road with 17-feet of pavement widening with 3-foot wide gravel shoulders from centerline abutting the site. 7.1.3 Construct a detached 5-foot wide concrete sidewalk on Black Cat Road located a minimum of 42- feet from centerline to front face of sidewalk; and if a pathway is required by the City, locate the 10-foot wide asphalt pathway in a separate easement to the City of Meridian behind the sidewalk. OR, construct a 10-foot wide concrete sidewalk on Black Cat Road, located a minimum of 42 - feet from centerline to front face of sidewalk, either wholly within or wholly outside of the dedicated right-of-way. 7.1.4 Provide a permanent right-of-way easement to 2-feet behind back of sidewalk for any public sidewalk placed outside of the dedicated right-of-way. 7.1.5 Construct the internal streets as 33-foot street sections with curb, gutter, and attached 5-foot wide concrete sidewalk within 47-feet of right-of-way. 7.1.6 Construct three 8-foot wide by 50-feet long landscape islands starting approximately 100-feet west of Black Cat Road on Vanderbilt Drive. 7.1.7 Construct three cul-de-sacs with a minimum 45-feet turning radius at the terminus of Maplestone Court, Adale Court, and Oakstone Avenue. 7.1.8 Provide the District with a permanent right-of-way easement to 2-feet behind back of sidewalk for any sidewalk located outside of the dedicated right-of-way. Meridian City Council Meeting Agenda November 7, 2018 – Page 406 of 520 - 13 - 7.1.9 Plat the landscape median on Vanderbilt Drive as right-of-way owned by ACHD; and the Developer or Homeowners Association should apply for a license agreement if landscaping is to be placed within the median. 7.1.10 Construct a new local street, Vanderbilt Drive, onto Black Cat Road, located in alignment with Vanderbilt Drive to the east and approximately 900-feet north of Gondola Drive. 7.1.11 Construct the internal local streets with minimum 125-foot offsets. 7.1.12 Construct a new local stub street, Oakstone Avenue, to the south, between Block 3, Lots 2 and 12, 274-feet in length. 7.1.13 Construct a new local stub street, Willowside Avenue, to the north, between Block 1, Lot 1 and Block 2, Lot 1, a 135-feet in length. 7.1.14 Provide signage at the terminus of the two stub streets, stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.15 Direct lot access is prohibited to Black Cat Road from the site and shall be noted on the final plat. 7.1.16 Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 7.1.17 Payment of impact fees is due prior to issuance of a building permit. 7.1.18 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of- way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days 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. Meridian City Council Meeting Agenda November 7, 2018 – Page 407 of 520 - 14 - 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 8. Idaho Transportation Department (ITD) Meridian City Council Meeting Agenda November 7, 2018 – Page 408 of 520 - 15 - 9. Nampa & Meridian Irrigation District (NMID) 10. Community Planning Association of Southwest Idaho (COMPASS) Meridian City Council Meeting Agenda November 7, 2018 – Page 409 of 520 - 16 - 11. Department of Environmental Quality (DEQ) Meridian City Council Meeting Agenda November 7, 2018 – Page 410 of 520 - 17 - Meridian City Council Meeting Agenda November 7, 2018 – Page 411 of 520 - 18 - Meridian City Council Meeting Agenda November 7, 2018 – Page 412 of 520 - 19 - C. Legal Description & Exhibit Map for Annexation Boundary Meridian City Council Meeting Agenda November 7, 2018 – Page 413 of 520 - 20 - Meridian City Council Meeting Agenda November 7, 2018 – Page 414 of 520 - 21 - 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 12.84 acre property with an R-4 zoning district consistent with the MDR FLUM designation. The proposed density of 2.4 units per acre is consistent with the density desired in MDR designated areas. Therefore, the Commission finds the proposed map amendment and development plan comply with the provisions of the Comprehensive Plan and should be compatible with adjacent residential and agricultural uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds annexing this property with an R-4 zoning district is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Meridian City Council Meeting Agenda November 7, 2018 – Page 415 of 520 - 22 - b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. f. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting Agenda November 7, 2018 – Page 416 of 520 Public Hearing for Westbridge Subdivision H-2018-0088 by Jane Suggs, Located at 5745 and 5865 N. Black Cat Rd. 1. Request: Annexation and Zoning of 12.84 acres of land with an R-4 zoning district; and; 2. Preliminary Plat consisting of 30 building lots and 9 common lots on 12.71 acres of land in an R-4 zoning district McCarvel: So, let's try 2018-0088, shall we? Cassinelli: We are trying to speed this up. Allen: The next applications are a request for annexation and zoning and a preliminary plat. This site consists of 12.71 acres of land. It's zoned RUT in Ada county and located at 5745 and 5865 North Black Cat Road. Adjacent land use and zoning. To the north are rural residential properties zoned RUT in Ada county. To the south is future multi-family residential in The Oaks North Subdivision, zoned R-15. To the west is a future school site zoned RUT in Ada county. And to the east is North Black Cat Road and single family residential properties in Bainbridge Subdivision, zoned R-8. The Comprehensive Plan future land use map designation for this property is medium density residential, which calls for three to eight units per acre. The applicant is requesting annexation and zoning of 12.84 acres of land, with an R-4 zoning district and requests Council approval of a step down in density from medium density residential to low density residential. Again, medium density being three to eight units per acre and low density being three or fewer units per acre . The proposed residential use and zoning is compatible with either the low density residential or medium density res idential future land use designation. However, the proposed density at 2.4 units per acre is slightly below the minimum three units per acre desired in medium density designated areas. The step down in density as requested because at -- excuse me -- adding more lots will require a secondary emergency access to be provided and only one access is available to the site and fire flow would need to be addressed differently as well. The geometry and characteristics of the site, i.e., the location of the McMullen Lateral along the north boundary and the necessary public streets impact the available building area, resulting in a lower density than desired in the Comprehensive Plan. A preliminary plat is proposed as shown that consists of 30 building lots and nine common lots on 12.71 acres of land in the proposed R-4 zoning district. Proposed lots range in size from 8,096 square feet to 13,570 square feet, with an average lot size of 10,060 square feet . There are two existing homes on the site. The one at the west end of the site will remain, if you can see my pointer here, on this lot here in the proposed subdivision. The other home and structures -- accessory structures will be removed. One access is proposed for the development via North Black Cat Road. Two stub streets are proposed, one to the north Willowside Avenue and one to the south, North -- North Oakstone Avenue, for future interconnectivity with the adjacent future developments. When the Oaks North property came into the south, their preliminary -- excuse me -- preliminary plat did show a stub street to this property that's in alignment with the Meridian City Council Meeting Agenda November 7, 2018 – Page 417 of 520 proposed stub street. A 35 foot wide landscape street buffer is proposed along North Black Cat Road, an entryway corridor, in accord with UDC standards. There are several existing trees on this site that are proposed to be removed that do require mitigation, as proposed by the applicant. UDC requires a minimum ten percent qualified open space to be provided with development and a minimum of one qualified site amenity. A total of 1.6 acres or 12.5 percent of qualified open space is proposed with a segment of the city's multi-use pathway system, a micro path to the future school site to the west, and a tot lot with playground equipment in accord with UDC standards. Conceptual building elevations were submitted as shown for future single family residential detached homes in this development. Building materials consist of a mix of siding materials with stone veneer accents. Written testimony was received from the applicant Jane Suggs. She is in agreement with the staff report and staff is recommending approval with the conditions in Exhibit B of the staff report. Staff will stand for any questions. McCarvel: Any questions for staff? Would the applicant like to come forward? Suggs: Good evening, Commissioners. My name is Jane Suggs. I work at WH Pacific, 2141 Airport Way in Boise, and I'm here representing Trilogy Development and also the Westbridge Subdivision. I'm very pleased to present these applications for annexation, rezone, and a preliminary plat for Westbridge. I don't have a whole lot to add, because Sonya did such a good job of explaining this and we have the landscape rendering in front of you, but just let me remind you that we agre e with everything in the staff report, the total analysis, and also all the conditions of approval. So, we don't have a whole lot to add there. As Sonya noted, it's 12.7 acres and being annexed into the city with an R- 4 zone. She talked a little bit about how we are coming in just under the three dwelling units per acre. Very rarely do I ask for a step down in the Comprehensive Plan, but in this particular case we do have some geographic reasons, some geometry of the site that kind of restrict us to a certain number of units and also we wanted to provide the open space that we are providing on the site and we think that these larger lots , 10,000 square foot minimum -- some are eight -- all of them are over eight. Some of them are - - too many of them are channeled on the north boundary. We think that that's a real nice compliment to some of the smaller lots that you will see just south of us and to the east. I did want to point out, of course, that we do have a separated sidewalk that runs from Black Cat Road to the potential school site that's on the west. So, we have an area where it's separated sidewalk and shaded. We are adding a ten foot pathway, according to the master plan for your pathways . I don't even think it was on the master plan quite yet when we had our pre-application meeting, but we were asked to put that in and we will. That's along Black Cat. Again, we are providing significant open spaces. As you drive in you will see landscape medians and also an open space just to your right as you drive in. Landscaped. We had a neighborhood meeting in July on the site and had pretty good attendance. Most everyone there was interested in making sure we maintain irrigation. You see -- you saw on your map that there were some larger lots to the north or in the county. One of those lots is heavily wooded and so we want to make sure that they have their -- the irrigation water that they are required. Of course, that's a state law that we have to do that and the schedule for development . I think this Meridian City Council Meeting Agenda November 7, 2018 – Page 418 of 520 is one of those areas where people are anticipating development, knowing that it's going to come eventually, and I think this is a really good transition, again, from the higher density to the south and a little bit of a transition to those larger lots as well. So, we -- they may redevelop, they may not, but to have larger lots along that north border I think is a really good transition for them . In summary, I respectfully request your approval, annexation, rezone and the preliminary plat for Westbridge and I can stand for questions. McCarvel: Any questions for the applicant? Fitzgerald: Madam Chair? McCarvel: Mr. Fitzgerald. Fitzgerald: Jane, thanks for the information. On the north boundary you have, obviously, the north lots and I know there is a carbon sequestration lot in Larry Lane, that huge wooded area. You have a strip back there. Is that common lot and is it going to be maintained by the HOA? Suggs: The HOA will have to maintain that. That actually is going to be where the McMullan Lateral is now, which is a ditch and it will be fully piped. Fitzgerald: Okay. Suggs: So, it will kind of be one of those areas -- in fact, you will see on the landscape plan it shows that we were landscaping with turf closer to Black Cat, but once we are behind the homes that will be some lower maintenance grasses. So, we won't have somebody back there mowing all the time . It will be kind of left -- a little bit of the natural, but definitely maintained by the HOA. Fitzgerald: No pathway is behind anyone's houses? Suggs: No. No pathway. We wanted to keep the kids walking in front of the houses and in a shaded area and on a regular sidewalk. We think that's a little safer than trying to put them behind the houses. Especially with the wooded areas and actually some crops in the -- the second -- the western larger lot. So, we thought that was more appropriate. Fitzgerald: Thank you, ma'am. Cassinelli: Madam Chair? McCarvel: Commissioner Cassinelli. Cassinelli: Jane, what are the widths of the -- of those lots on the -- on the north side that are -- Meridian City Council Meeting Agenda November 7, 2018 – Page 419 of 520 Suggs: I think they are 80 -- I think they are 80 foot widths. Of course, I can't read this, because it's so small. I didn't bring a full size plat with me, but, yeah, I think they are 80 by some. Cassinelli: Okay. And, then, a couple -- a couple of questions, Madam Chair. McCarvel: Uh-huh. Cassinelli: That the -- the cul-de-sac in the middle -- Suggs: Yes. Cassinelli: -- that is also a stub street to the south? Suggs: That -- that will stub to the south, yes. Cassinelli: Okay. Suggs: We have -- we have drawn that and designed that so that when that -- and there is a stub shown on -- and I don't think it was a plat, it was just a masterplan that it had, it showed that location and that will connect just like a regular street . Cassinelli: Okay. And -- and, then, the -- at the end of the subdivision, the stub to the north -- Suggs: Right. Cassinelli: -- that one I'm very curious about, because that would require -- that would require complete redevelopment of that subdivision and that property to the north that's a residential property to put that through. Was that -- that was -- was that an ACHD requirement? Suggs: Actually, that was the city hoping that if there was going to be development of that western lot -- not the eastern lot with all the trees, but the western lot, that we provided some access to that, so that there would not have to be some other access. So, that development -- it will -- it will just -- it will -- it will make the location where that person has to develop, but it's -- that's the connectivity policies of the city to provide stub streets to properties that could redevelop. So, there is no reason for -- them have to redevelop that, I mean it just -- just like -- just like when New Oak came in with their master plan to show where they wanted that southern stub to be, we had to kind of match that. I mean we didn't have to, but it makes sense to, because they have come in and shown us something and the city told us about that. So, the city had asked us to stub to one of the two properties and we stubbed to the western one, because we think that that will develop, if it develops, before the eastern one. If we don't -- if you don't want it there we can actually take it out, but as part of the policy of connectivity. Meridian City Council Meeting Agenda November 7, 2018 – Page 420 of 520 McCarvel: Any other questions? Fitzgerald: Madam Chair? McCarvel Mr. Fitzgerald. Fitzgerald: Sonya, you said to me about connection to The Oaks. Is that somewhere they are going? Or is that my mistake? Allen: Madam Chair, Commissioner -- Commissioner Fitzgerald, there is -- I'm sorry. Did you say school or multi-family? Fitzgerald: I said The Oaks. I'm sorry. I -- Allen: Oh. The Oaks is to the south and there is a future multi-family plan there. Fitzgerald: Got it. Allen: R-15 zoning. Fitzgerald: There is nothing -- Allen: There is no concept plan, but they did show a stub street on their preliminary plat to that -- to this property. Fitzgerald: Got it. Okay. I was thinking it was to the north, so thank you for the clarification. McCarvel: Any other questions for the applicant? Okay. Thank you. Suggs: Thank you. McCarvel: Chris, did we have any signed up for public testimony? Johnson: No sign-ins. McCarvel: Okay. No sign-ins, but is there anybody in the room who would like to speak on this application? Okay. Then if there is no further questions for staff or the applicant, can I get a motion to close H-2018-0088? Cassinelli: So moved. Fitzgerald: Second. McCarvel: It has been moved and seconded to close the public hearing on H-2018- 0088. All those in favor say aye. Opposed? Motion carries. Meridian City Council Meeting Agenda November 7, 2018 – Page 421 of 520 MOTION CARRIED: FOUR AYES. THREE ABSENT. Perreault: Madam Chair? McCarvel: Yes. Perreault: I am shocked to see some larger lots. McCarvel: I know. Start doing cartwheels. Perreault: I just -- this looks like a nice little -- it looks like a nice project. I -- I think they have done a nice job with -- with the landscape plan and I just think it's great to see some larger lots. McCarvel: Yeah. Yeah. I don't care what the reason is, if we -- whatever reasons they had we have larger lots and I'm thrilled. Love to see more of that in Meridian, so -- and, again, this is trying to foresee the future of a transition between some higher density and maybe a little lower. So, I think it looks like a great addition. Cassinelli: Madam Chair? McCarvel Commissioner Cassinelli. Cassinelli: Can I -- I'm just -- the street going to the north, I have this vision that it's going to be stubbed for eternity going into somebody's -- going in their backyard. I mean -- and if that lot to the north is developed , they have got access on Larry Lane. Do we need that stub street there? Allen: Madam Chair, Commissioner Cassinelli, yes, we do. The -- let me just flip over here to the area on this. Larry Lane is a private lane, so -- Cassinelli: It is? Allen: -- you know, it's not likely that it will continue in the future. Our city code restricts access to arterial streets, such as Black Cat Road and requires cross-access and stub streets to be provided to adjacent properties. Stub streets in the case of residential. So, the applicant is complying with our code with what they are proposing. Cassinelli: Is there -- Allen: We also like interconnectivity between developments in the Comprehensive Plan. Cassinelli: Can they stub it -- is there a way to stub it, but end the stub at the cul-de- sac, have that -- have an easement for that and that be a -- that be planted -- be green for now. See what I'm saying? Meridian City Council Meeting Agenda November 7, 2018 – Page 422 of 520 Allen: Who is going to pay for the extension? That's the issue we -- we run into with that kind of situation. The developer is responsible for installing the roads when they do a development and if it's not installed now it's not likely we will get it in the future. Fitzgerald: Madam Chair? McCarvel: Mr. Fitzgerald. Fitzgerald: Just -- we dealt with that over by Woodbridge going into that existing neighborhood. It was a disaster. But there was an easement there and everybody kind of -- and they fought and fought and fought on actually that road going through and it became a very bad problem. So, you either got to do it or not. Cassinelli: Yeah. McCarvel: And I lived in a neighborhood where there is a stub street to nowhere and it's going to stay a stub street to nowhere. It doesn't look -- Cassinelli: Good RV parking. McCarvel: A turnaround for the skateboarders and that kind of thing. It's -- it's not that big. Fitzgerald: Build a half pipe there and -- Cassinelli: Other than that I -- you know, I -- I don't think you're going to hear me complain too often about a -- about a step -- a step down. It is a -- it's a nice transition, even though the property is on -- to the north are county, they are not city, I still -- I mean we -- you know, I still want to always -- always respect people that are -- that are there, especially as we annex we have to -- we have to keep that in mind. So, it's a good transition I think to -- to those -- to the homes to the north. There is that -- there is the buffer with the lateral there. It will be a transition to the R-15, I guess, to the south eventually. I'm -- I'm good with it. Fitzgerald; Madam Chair? McCarvel: Mr. Fitzgerald. Fitzgerald: I agree and I think the last time we looked at this Jane did a good job -- this -- because the last time we looked at this there was dogs and ponds and I -- it was a -- kind of a nightmare and I -- McCarvel: That's another one. Fitzgerald: Not this one, but -- but -- yeah. Sorry. But anyway -- Meridian City Council Meeting Agenda November 7, 2018 – Page 423 of 520 Perreault: Similar. Fitzgerald: It's very similar. Sorry. Perreault: I did the same thing. I was thinking about that -- it's not the same one, but it's so similar. I had to go back and look at that again. Fitzgerald: Sorry. I have been gone. But, anyway, moving on. It's a great project. Very well laid out and I think you guys have taken your community around you into account and I appreciate it. I'm in support. Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: After considering all staff, applicant, and public testimony, I move to recommend to the City Council File Number H-2018-0088 as presented in the staff report for the hearing date of October 4th, 2018, with no modifications to the staff report. Fitzgerald: Second. McCarvel: It has been moved and seconded to recommend approval on H-2018-0088. All those in favor say aye. Opposed? Motion carries. Congratulations. MOTION CARRIED: FOUR AYES. THREE ABSENT. Meridian City Council Meeting Agenda November 7, 2018 – Page 424 of 520 �— FENCE ALONG f PATHWAY P J � I t I � I 1 f 1 f 1 1 I PLANT PALETTE 5YM COMMON NAME BOTANICAL NAME 51ZE EVERGREEN TREES AUSTRIAN PINE PINUS NIGRA 6-8' HT BSB FAT ALBERT GO BLUE SPRUCE PICEA PUNGEN5 'FAT ALBERT' 6-8' HT B4 B NORWAY SPRUCE P I GEA ABI ES 6-8 `HT B 4 B SKY HIGH JUNIPER JUNIPERUS SGOPULORUM 'BAILI&H' 6-8' HT B 4 B VANDERWOLFS PINE PINUS FLEXILIS 'VANDERWOLF5' 6-8' HT B 4 B SHADE TREES (GLASS III) BLOODG00D LONDON PLANETREE PLATANUS x AGERIFOLIA 'BLOODG0OD' 2" CAL 1345 SWAMP OAK GZUERGU5 BIGOLOR 2" GAL B4E3 5HADE/STREET TREES (GLASS 11) AUTUMN PURPLE ASH FRAXINUS AMERICANA 'AUTUMN PURPLE' 2" GAL 54B • COMMON HACKBERRY GELTIS OCCIDENTALIS 2" CAL B.$B SKYLINE HONEYLOGUST GLEDITSIA TRIAGANTH05 INERMIS 'SKYGOLE' 2" GAL B4B LITTLELEAF LINDEN TILIA GORDATA 2" GAL 54B MANCHURIAN ASH FRAXINUS MANDSHURIGA 2" GAL 54B AMERICAN SHEETGUM L I G2U I DAMBER 5TYRAC I FLUA 2" GAL B.$ B TULIP TREE LIRODENDRON TULIPIFERA 2" GAL B 4 B ORNAMENTAL TREES (GLASS 1) FLAME AMUR MAPLE AGER C71NNALA 'FLAME' 6-8' HT. MULTI -STEM CANADA RED GHOKEGHERRY PRUNU5 VIRGINIANA 'GANADA RED' 6-8' HT. MULTI -'STEM CRUZAN CRUSADER HAWTHORN GRATAEGUS GRUS-GALL I 'GRUZAM' 2" CAL B4 B CHANTICLEER PEAR PYRU5 GALLERYANA 'GLEN'S FORM' 2" GAL B 4 B NOTHINGS MAPLE AGER TATARI GUM '&ARANN' 6-8' HT. MULTI -STEM ROYAL RAINDROPS GRABAPPLE MALU5 x 'JF5-KYV5' 2" GAL B4 B SPRING SNOW GRABAPPLE MALU5 'SPRIN&SNOW' 2" GAL 64B 5HRU135/ORNAMENTAL 6RA55E5/P"ERENNIAL5 ARI ZONA 5UN 6A I LLARD I A BLACK EYED SUSAN BLUE GRAMMA GRASS BLUE OAT 6RA55 BLUE RUG JUNIPER PURPLE GONEFLOHER RED FLOHER CARPET ROSE DARTS GOLD NINEBARK STELLA DE ORO DAYL I LLY FINE LINE BUCKTHORN GRO-LOW SUMAC RED HOT POKER HUSKER RED PENSTEMON IVORY HALO DOGWOOD KARL FOERSTER REED GRASS HIDGOTE BLUE ENGLISH LAVENDER IVORY TOWER YUGGA MOUNTAIN FLAME ICE PLANT MAIDEN GRASS BRAKEL I &HTS RED YUCCA PURPLE EMPEROR STONEGROP SUMMERH I NE NINEBARK TIGER EYE SUMAG GAILLARDIA x 'ARIZONA SUN' RUDBEGKIA FULGIDA 'GOLDSTRUM' BOUTELOUA GRACILIS 'BLONDE AMBITION' HEL I GTOTRI GHON 5EMPERV I REN5 JUNIPERUS HORIZONTALIS 'WILTONI' EGHINAGEA PURPUREA R05A 'FLOHER CARPET- NOARE' PHY50GARPU5 OPULIFOLIUS 'DART'S GOLD' HEMEROGALLIS 'STELLA D'ORO' RHAMNUS FRAGULA 'RON TNI LL I AMS' RHUS AROMATIGA 'CRO -LOW' KNIPHOFIA UVARIA ' FLAMENCO' PENSTEMON DIGITALIS HUSKER RED' CORNUS ALBA 'BAILHALO' GALAMAGROST I S ARUND I NAGEA 'K.F.' LAVANDULA ANGUSTIFOLIA 'HIDGOTE BLUE' YUGGA F I LAMENTOSA 'IVORY TONER' DELOSPERMA x PWW6025 MISGANTHUS SINENSIS 'GRAGILLIMUS' HESPERALOE PARVIFLORA 'PERPA' SEDUM x 'PURPLE EMPEROR' PHYSOGARPUS OPUL I FDL I A 'SEWARD' RHUS TYPHINA 'BAILTIGER' I GAL I GAL I GAL I GAL 3 GAL I GAL 2 GAL 5 GAL I GAL 5 GAL 3 GAL I GAL I GAL 5 GAL I GAL I GAL 3 GAL I GAL I GAL 3 GAL I GAL 5 GAL 5 GAL • UNMOWN 6' HT VINYL FENCE ALONG 4' HT VINYL FENCE ALONG LAWN .. .. RED PERIMETER PROPERTY CONNECTION PATHNAY FE5GUE L I NES I$ COMMON AREAS. SEE PTL 4, TH 1 S 5HT (TYP) SEE DTL 4, THIS SHT (TYP) �1l► ►, r 1��► FINISH GRADE GUT EDGE PLANTER GUT BED ED&E 2 X BALL DIA. MULCH PER SPEC, TOP SOI L NOT TO SCALE )OP STAKE INTO PREVAILING SID. SECURE W/ COTTON HEBB'& P SIM FOR CONIFER TREE. `OID END OF STAKE PROTRUDING -0 PEDESTRIAN USE AREAS ROOT CRONN TO BE 1-2" ABOVE FIN15H GRADE. TRUCK FLARE MUST BE VISI BLE MULCH AS SPECIFIED. BRUSH AHAY FROM TRUGK. FERTILIZER TABS AS SPECIFIED SNIP BASKET 4 TURN BACK BURLAP 113. BACKFILL W/ TOPSOIL MIX A5 5PEC'D 4 TAMP LOOSELY IN 4"-6" LIFTS NOTES: I. REMOVE ALL THINE, ROPE, OR BINDINGS FROM ALL TRUNKS. 2. REMOVE BURLAP AND HIRE BASKETS FROM THE TOP 113 OF ALL ROOT BALLS AFTER PLANTING . 3. IF SYNTHETIC NRAP/BURLAP 15 USED, IT MUST BE COMPLETELY REMOVED. nE3 TREE PLANTING/STAKING NOT TO SCALE MULCH AS SPEC I F IED. BRU5H AWAY FROM STEM. NOTE5 I. ALL LANDSCAPE SHALL BE INSTALLED IN ACCORDANCE WITH THE CITY OF MERIDIAN ORDINANCE REQUIREMENTS. 2. ALL PLANTING AREAS TO BE WATERED WITH AN AUTOMATIG UNDERGROUND IRRIGATION SYSTEM. 3. TREES SHALL NOT BE PLANTED WITHIN THE 10-GLEAR ZONE OF ALL ADHD STORM DRAIN PIPE, STRUCTURES, OR FAG I L I TI E5. 5EEPA6E BEDS MU5T BE PROTECTED FROM ANY AND ALL CONTAMINATION DURING THE CONSTRUCTION AND INSTALLATION OF THE LANDSGAPE IRRIGATION SYSTEM. ALL SHRUBS PLANTED OVER OR ADJACENT TO SEEPAGE BEDS TO HAVE A ROOT BALL THAT DOES NOT EXCEED 18" IN DIAMETER. NO J LAWN 50D TO BE PLACED OVER DRAINAGE 5WALE SAND WINDOWS. 4. NO TREES SHALL IMPEDE THE 40' VISION TRI ANGLES AT ALL INTER5EGTION5. NO CONIFEROUS TREES OR SHRUBS OVER 3' HIGH AT MATURITY HILL BE LOCATED WITHIN VISION TRIANGLE OR AGHD ROW. AS TREES MATURE, THE OWNER SHALL BE RESPONSIBLE FOR PRUNING TREE CANOPIES TO MEET AGHD REGUI REMENTS FOR MAI NTA I N I NG CLEAR I VISIBILITY WITHIN 40' STREET AND DEPARTURE VISION TRIANGLE. TREES SHALL BE PLANTED NO GLOSER THAN 50' FROM INTER5EGTION STOP TURN BACK BURLAP, TOP 1/3 OF BALL. KEEP GROUND LINE SAME AS NURSERY. FERTILIZER TABS AS SPECIFIED PLANTING SOIL AS PER SPECS. NOTE: DIG HOLE TW I GE THE 51 ZE OF ROOTBALL. n2 5HRUB PL.ANTI NCS NOT TO SCALE GAP 2"x5)�"RAIL �1' x 6" VINYL GKET PANELS NOTE5; 1. FENCE TO STEP DOWN TO 3' HEIGHT 20' FROM ROW. VINYL PRIVACY FENCE NG PER MFG MMENDATI ONS NOT TO SCALE 516N5. 5. TREES SHALL NOT BE PLANTED HI TH I N 5' OF WATER METERS OR UTILITY L I NES. 6. PLANT L 1ST 15 REPRESENTATIVE AND SUBJEGT TO ADDITIONS AND/OR SUBSTITUTIONS OF SIMILAR SPECIES THAT ARE SUBJEGT TO GITY FORESTER'S PRE -APPROVAL. PLANTING BED DESIGN AND QUANTITIES MAY BE ALTERED DURING FINAL PLAT LANDSCAPE PLAN DE516N. BURLAP AND WIRE BASKETS TO BE REMOVED FROM ROOT BALL AS MUCH AS POSSIBLE, AT LEAST HALFWAY DOWN THE BALL OF THE TREE. ALL NYLON ROPES TO BE COMPLETELY REMOVED FROM TREES. 7. VARIOUS EXISTING TREES AROUND EXISTING HOUSES (TO BE REMOVED) ARE TO BE REMOVED. TREES HILL BE MITIGATED FOR HITHIN THE COMMON OPEN SPACES AND LANDSCAPE BUFFERS. SEE LANDSCAPE CALCULATIONS, THIS SHT. LAN=�5CAFE r...ALC.ULA71 CN5f � Ito cv r� LOGATI ON BUFFER HI DTH LENGTH REQUIRED: PROVIDED: TREES TREES N. BLACK CAT RD PARK/GOMMOM OPEN SPACE TOTAL NUMBER OF TREES 35' 410' / 35' = 102,100 5F / 8000 = 12 21 13 76 25 TREES 97 TREES * ALL EXISTING TREES ON SITE (EXGEPT ADJACENT TO HOUSE TO REMAIN) HILL BE REMOVED. * TREES PROVIDED FOR MITIGATION: 72 TREES (2" GAL) = 144" CAL INCHES IN PARK/GOMMON OPEN SPAGE it LANDSCAPE BUFFERS - SEE NOTE 7, TH15 SHT. =�EVELCF��EN7 Z�A7A TOTAL AREA.................................................................................................... 12.71 ACRES RESIDENTIALLOTS........................................................................................ 30 COMMONAREA LOTS.................................................................................... q TOTALLOTS....................................................................................................... 39 COMMON AREA..............................................................................................I... 2.56 (20.14%) EX15TI NG ZONING.............................................................................................. RUT PROPOSED ZONING......................................................................................... R-8 NORTH 0' 50' 100' 150' SCALE I" = 50' . AL .. ■o■ .i■r �`L'+I�I�Q1Rk JENSENBELTS ASSOCIATES Site Plawft I Lend"ape ArdWteahrs 1606 Tyre1 Lone, Ste 134 Sol". D 8874E Ph. (2081 945-7178. Fx. 12081 343-7175 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 8 G Project File Number: H-2017-0142 Item Title: Meeting Notes: Public Hearing Continued from April 24 and May 15, 2018 for Summertown Subdivision (H-2017-0142) By 745 W Ustick, LLC, Located at 745 W Ustick Road, Request: Annexation and Zoning of 15.13 Acres of Land with a TN -R Zonina District -�D �C6 � 6el- Zi, '�)/k I TEM SHEET C ouncil Agenda I tem - 7.G. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from April 24 & M ay 15, 2018 for S ummertown Subdivision (H-2017-0142) B y 745 W Ustick, L L C , L ocated at 745 W Ustick Road, M ay 15, 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 Memo to Council S taff Report 11/2/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/2/2018 - 1:08 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 425 of 520 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/7/2018 Hearing Type: Council Item Number: 8-G Project Name: Summertown Subdivision Project No.: H-2017-0142 Active: ❑ Page 1 of 2 Signature City -State- I Wish To Sign In Address For Against Neutral Name Zip Testify Date/Time Meridian 11/7/2018 John carver 730 w claire X X 83646 5:41:38 PM Meridian 11/7/2018 Trisha carver 730 w claire X X 83646 5:43:43 PM 706 West 11/7/2018 Eva Bailey X Indian Rock 5:44:00 PM Meridian 11/7/2018 David ledford 670 w claire X X 83646 5:44:39 PM Patricia 775 w claire Meridian 11/7/2018 X X beyner st 83646 5:45:59 PM 748 W Claire 11/7/2018 Andrea Tilley Meridian X Dr 5:50:23 PM 748 West 11/7/2018 Calvin Tilley 83646 X Claire Dr 5:51:12 PM Cathrine 2970 NW 8th Meridian, ID 11/7/2018 X X Garcia Ave 83646 5:51:46 PM 2727 n Meridian 11/7/2018 Dougfor to y X X ridgebury ave idaho 83646 5:55:07 PM Susan 2968 n Meridian 11/7/2018 X littlefield fairglen Idaho 83646 5:57:35 PM http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=99 11/8/2018 City of Meridian - Public Hearing Sign In Form Tools Page 2 of 2 Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=99 11/8/2018 377 W Jennifer Meridian ID 11/7/2018 Sedgewick X X Kettle 83646 6:02:21 PM Dr 749 W Meridian ID 11/7/2018 Bonnie Kettle X X Sedgewick 83646 6:04:00 PM Tammy and 692 W. 11/7/2018 Meridian X X Mike Emerich Sedgewick dr 6:04:57 PM 2946 NW 8th Meridian 11/7/2018 Tyler Moss X Ave Idaho 83646 6:07:54 PM Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=99 11/8/2018 Community Development Department 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org November 1, 2018 MEMORANDUM TO: City Council CC: Bill Nary, C. Jay Coles FROM: Josh Beach, Associate Planner RE: Summertown Subdivision (H-2017-0066) On May 15, 2018 City Council continued the subject application to November 7, 2018 so the applicant could resolve the property boundary dispute with their neighbor to the east, and modify the concept plan and building elevations in accord with the comments brought forth by City Council and the public at the April 24, and May 15, 2018 hearings. The applicant has resolved the property boundary dispute and provided staff with revised plans to analyze. Below you will find the comparison between the previous proposal and the current proposal. Staff has also included the previous and current versions of the site plan, landscape plan and architectural elevations. The current proposal includes townhomes as an additional housing type and includes architecture that is much more traditional in nature than the previous version. Staff also feels that this style of architecture will blend much better with the surrounding area. The townhomes will have a single- car garage and will have one parking stall on a driveway. The buildings are two-story and will have a doorway that faces either Venable or Ustick. Staff continues to have some concern about the lack of transition from the existing single-family residences to the south and feels that additional townhomes between the future single-family lots on the south side of the project and the multi-family structures would serve as a good transition in density. The previous version of the plan had a large amount of parking within the central are of the development. The current proposal includes all of the parking on the edges of the development and includes a large amount of open space and amenities within the center of the development, which serves to connect the project together. Access for the previous version of the project was shown at two points along Venable and a proposed cross-access and a stub street to the east. The current proposal eliminates one of the Meridian City Council Meeting Agenda November 7, 2018 – Page 426 of 520 2 access points to Venable but keeps the requirement of a stub street to the east as well as the requirement for a cross-access to the east if the property develops as a commercial development. The applicant has not included the nine (9) single–family residential lots in their lot count. These lots are not included in this project and will need to be subdivided in the future. The analysis of open space, amenities, density, and parking is as follows: 1. Open space: a. Previous: 22% or 3.1 acres b. Current: 40% or 5.2 acres 2. Amenities: a. Previous: Pool, Water feature, Clubhouse, Fitness Facility, Yoga room, Indoor play structure, outdoor play structure, media room, pet park b. Current: No change in amenities 3. Density a. Previous: 18 units per acre b. Current: 13 units per acre 4. Number of Units: a. Previous: 272 units b. Current: 205 units(Including 9 future single-family lots) 5. Parking spaces a. Previous: 544 b. Current: 404 Staff received the revised plans on October 29, 2018 and has not had the opportunity to perform a detailed review of the proposal to ensure compliance with the UDC in terms of the items listed above. Though the applicant will not be required to go through the Conditional Use Permit (CUP) process for this multi-family development, they are still required to go through the Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) applications. The changes before you this evening have not been reviewed by staff, nor have they been reviewed by the Planning and Zoning Commission. If Council feels that the changes are substantial enough to warrant an additional hearing before the planning and Zoning Commission, you have the ability to remand the application back to them for their recommendation. Meridian City Council Meeting Agenda November 7, 2018 – Page 427 of 520 745 W. Ustick LLC Annexation and Zoning 745 W. Ustick Rd. Reflecting the Neighborhood Previous Rendition Building Elevations Comparison Two Story Floor Plans Newest Site Renditions Newest 12-plex Renditions Clubhouse Renditions Amenities Package ●Pool ●Main entrance water feature ●Courtyard Plaza ●2 Children’s Play Areas ●Clubhouse ●Media Room ●Walking paths ●Gazebos ●Indoor play structure ●Fitness Center ●3500 Sq Ft Patio ●Dog Park ●Yoga Room Changes in Overall Project ●Reduction of units from 272 to 196 ●Reduction of parking area by 140 parking stalls ●40% increase in open space area from 3.114 acres to 5.2 acres ●Two Story units will front Ustick Rd. and Venable Ln. Annual Revenues from Property Taxes Revenue per Unit ●Based on 196 unit design ●Ada County- $678.11 ●Pest Extermination- $30.14 ●Emergency Medical- $35.53 ●ACHD- $212.12 ●West Ada School District- $866.32 ●Meridian Library- $120.75 ●Meridian Cemetery- $11.82 ●Meridian Fire- $462.07 ●Mosquito Abatement- $6.50 ●West Ada Recreation- $18.40 ●CWI- $35.25 ●Total per Unit- $2,477.01 ●**Randomly Selected property** Lot 05 Blk 09 Crossfield Sub NO. 01 2017 Taxes- $1,882.80 ●(Based on 2392 SF, 5 bed 2.5 bath home w/ assessed value of $277,300) Labor Market Growth Over/ Under Supply Chart TN-R Standards/ Allowed Uses I neo T� 1 0 J LL - Cl cn Z T Q 5-- c W a rc6 J E Q � � n zu W c E Q' -a a� c Q Q c c � Co o L Qi > O Q a � Q Q E cu Q U, C C LE � � Q ^ E L Q Q ^O LF Q Q O U L C E Q c CQ N O CD fl m CN Q Q 0 O 00 0 c L Q O O ^c cn O 0 O �tL- a C- 0 0 E � Q Qi Q _ c C)CU ^E U cp W c V � U L .Q 0 co c o Qi aJ O U � Q � C6 O CO U3 en _ O o as Q c — n. 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Franklin Rd. Request: Annexation and Zoning of 3.68 acres of land with a C -G zoning district FZ �or--vnq, I TEM SHEET C ouncil Agenda I tem - 7.H. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from August 21 & October 2, 2018 for Bainbridge F ranklin (H-2018-0057) by S teve B ainbridge, L ocated at 2075 and 2155 W. F ranklin 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 f rom August 14 S taff Report 11/2/2018 Minutes from Planning and Z oning Commission B ackup Material 9/10/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/2/2018 - 3:19 P M Meridian City Council Meeting Agenda November 7, 2018 – Page 433 of 520 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/7/2018 Hearing Type: Council Item Number: 8-H Project Name: Bainbridge Franklin Project No.: H-2018-0057 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2018 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=100 11/8/2018 Bainbridge Franklin – AZ PAGE 1 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0057 – Bainbridge Franklin – AZ 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Steve Bainbridge has submitted an application for annexation and zoning (AZ) of 3.68 acres of land with a C-G zoning district. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on July 12, 2018. At the public hearing, the Commission moved to recommend denial of the subject annexation and zoning request. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel (Applicant’s representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. The request to keep the existing buildings and not connect them to city utilities. ii. The request to keep the structures on the property on septic and well with a 5-year sunset. iii. Why the rush to annex without a proposed use for the property? d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0057 to City Council as presented in staff report for the hearing date of August 21, 2018 with the following modifications: (Add any proposed modifications.) Meridian City Council Meeting Agenda November 7, 2018 – Page 434 of 520 Bainbridge Franklin – AZ PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0057 to City Council as presented in staff report for the hearing date of August 21, 2018 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2018-0057 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2075 and 2155 W. Franklin Road. The site is located in the NE ¼ of Section 14, Township 3N., Range 1W. b. Owner/Applicant: Steve Bainbridge 2576 W. Piazza Drive Meridian, ID 83646 c. Representative: Shawn L. Nickel, SLN Planning P. O. Box 1595 Eagle, ID 83616 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for annexation and zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: June 22, 2018 (Commission); August 3, 2018 (Council) c. Radius notices mailed to properties within 300 feet on: June 15, 2018 (Commission); July 26, 2018 (Council) d. Applicant posted notice on site by: June 29, 2018 (Commission); August 9, 2018 (Council) 6. LAND USE a. Existing Land Use(s): The subject property consists of rural residential land; zoned R1 in Ada County. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: North: Industrial property, zoned I-L East: Twelve Oaks Villas, zoned C-C and TN-R South: Vacant commercial property, zoned C-C West: Vacant commercial property, Zoned C-C c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the proposed Meridian City Council Meeting Agenda November 7, 2018 – Page 435 of 520 Bainbridge Franklin – AZ PAGE 3 development currently exists adjacent to the parcel in W. Franklin Road. Location of water: A water main intended to provide service to the proposed development currently exists adjacent to the parcel in W. Franklin Road. Reclaimed Water: A reclaimed water intended to provide service to the proposed development currently exists adjacent to the parcel in W. Franklin Road. Issues or concerns: None. e. Physical Features: 1. Canals/Ditches Irrigation: The Vaugh Lateral runs adjacent to the south side of the property. 2. Hazards: Staff is unaware of any hazards that may exist on the site. 3. Flood Plain: This property is not within the floodplain overlay district. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Mixed Use – Commercial (MU-COM) on the Comprehensive Plan Future Land Use Map (FLUM). MU-C designated areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. In MU-C areas, 3 more significant uses also tend to be larger scale projects. Traditional neighborhood design concepts with a strong pedestrian- oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8 -12 dwelling units (d.u.) per (/) acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MU-C designation should be used for residences. (See pg. 3-9 for more information.) While not necessarily the burden of this application, it should be understood that cumulative changes to this area of the TMISAP have occured, east of Ten Mile Road.The cumulative changes have resulted in an increase in more commercial property and less residential densities than originally evisoned for the area. The most recent being, the Calnon project that was approved in 2015, which changed the Comprehensive Plan designation on the south and west boundaries of this property from Medium-High Density Residential to Mixed Use Commercial. Because the adjacent property is a much larger parcel, staff anticipates a mix of employment, retail and other residential uses developing on this property. The recorded development agreement requires a more detailed concept plan that demonstrates compliance with the MU-C land use designation.. For these reasons, full compliance with the TMISAPis not achievable , so in order to ensure compliance/consistency with adjacent developments, staff recommends that the applicant apply for a development agreement modification with a revised concept plan once an end-user is identified and prior to approval of their first certificate of zoning compliance for the property. The applicant proposes to annex the site with a C-G zoning district which is an appropriate zoning district for an MU-COM designated area. The site is proposed to develop with seven (7) commercial pad sites. Meridian City Council Meeting Agenda November 7, 2018 – Page 436 of 520 Bainbridge Franklin – AZ PAGE 4 This project is part of a larger MU-COM, so staff does envision a mix of uses developing in the area. The properties to the east are the same mixed us commercial designation and with the increased residential uses in the area, additional commercial uses may be required to serve those use. There is a mix of commercial and industrial near the intersection of Franklin and Linder Roads and a multi-family development is approved for the parcel immediately to the east of the subject property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): Plan for a variety of commercial and retail opportunities within the Impact Area.” 3.05.01J) With the increase of residential units in the area, the proposed commercial project will contribute to the variety of uses in this part of the city. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is contiguous to annexed parcels and city services are available. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the conditions of approval in this report. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the C-G district is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed commercial development is a principally permitted use in the C-G zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed C-G zoning district. D. Landscaping: Per UDC 11-3B-9, a 25-foot landscape buffer is required adjacent to the multi- family development along the east boundary. Per UDC 11-2B-3 and 11-3B-7, a 25 foot landscape buffer is required along W. Franklin Road. E. Off-Street Parking: As proposed, there is no off-street parking required or proposed for this project. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. AZ: The applicant requests annexation and zoning of 3.68 acres of land with a C-G zoning district, consistent with the MU-COM land use designation. Meridian City Council Meeting Agenda November 7, 2018 – Page 437 of 520 Bainbridge Franklin – AZ PAGE 5 The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B as follows: Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-C land use designation. A mix of uses from each major use category (i.e. commercial, residential, employment) shall be provided as set forth in the Ten Mile Interchange Specific Area Plan (TMISAP). No more than 30% of the ground level development within the MU-C designation shall be used for residences. The existing structures shall be removed from the site immediately upon annexation. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. A cross-access/ingress-egress easement(s) shall be granted to the property to the west parcel #S1214120710) and to the property to the east (parcel #R8580480020) via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. Cross-access shall also be granted between future lots within this development as applicable. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development. Conceptual site plan: A site plan was submitted, included in Exhibit A.2 that depicts seven (7) commercial pad sites. The design of the site should comply with the design review standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. The applicant is also proposing to provide a cross access to the Twleve Oaks multi-family project to the east. Staff is also recommending that the applicant provide a cross-acces eeasement to the west as well. Staff has the following comments on the proposed conceptual plan: 1. The conceptual site plan does not show reflect the required 25 foot buffer along the east boundary of the project. This requirement will impact the layout of the site. 2. The parking located immediately as you enter the parcel from Franklin should be eliminated as to not cause traffic problems with vehicles entering the development. Landscaping: A landscape plan was not submitted with this application. There is a 25-foot landscape buffer required adjacent to the multi-family project (12 Oaks) that is adjacent to the east side of this property; and a 25 foot landscape buffer is required along the Franklin Road frontage. Existing building/uses: All of the existing buildings on the site shall be removed and any existing business located on the property shall cease immediately upon annexation. Parking: Based on the conceptual site plan, there will be approximately 40,600 square feet. Per UDC 11-3C-6 one parking space is required per 500 s.f. of building area. In this case, that Meridian City Council Meeting Agenda November 7, 2018 – Page 438 of 520 Bainbridge Franklin – AZ PAGE 6 amounts to 82 required parking spaces. The conceptual site plan as contains 115 parking spaces, which is in compliance with UDC requirements. Access: Direct access to W. Franklin Road is proposed for the development. As mentioned above, the multi-family project to the east provided cross-access to this site, so this project will be required to reciprocate that cross-access easement. The cross access will provide increased access in the area. Permitted Uses: Staff feels that limiting the allowable uses on the property is prudent due to the potential for uses that would adversely impact the surrounding residential uses. Staff recommends that only those uses designated as permitted in UDC11-2B-2 be allowed with additional restriction from Arts, entertainment or recreation facility, outdoor, Dispatch center for mobile service, Recreational vehicle park, Vehicle repair minor, Vehicle sales or rental and service, Vehicle washing facility, Wireless communication facility, Wireless communication facility, amateur radio antenna and that drinking establishments be allowed through a conditional use permit. Utilities: Sanitary sewer service to the proposed development will only be needed for the manager’s office adjacent to N. Ten Mile Road, and therefore no new mainlines will be needed. Though sewer is not required for this portion of the Stor-It facility, water is required. The property to the north was recently approved as a self-storage facility, and with that, staff required that applicant to stub water to the south property line. The applicant will need to coordinate with that property owner and public works to construct water mains to and through the project from the existing mainline in N. Ten Mile Road. Building Elevations: Structures within the proposed development that are visible from the street or abutting properties are required to comply with the design review standards set forth in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Building materials for the proposed structures appear to be a mixture of stucco and stone with a mixture of roofing styles. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the self- service storage facility. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive Plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. Meridian City Council Meeting Agenda November 7, 2018 – Page 439 of 520 Bainbridge Franklin – AZ PAGE 7 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Site Plan (dated: 5/16/2018) 3. Proposed Elevations B. Conditions of Approval C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda November 7, 2018 – Page 440 of 520 Bainbridge Franklin – AZ PAGE 20 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda November 7, 2018 – Page 441 of 520 Bainbridge Franklin – AZ PAGE 21 2. Conceptual Site Plan (NOT APPROVED) (dated: 5/16/2018) Meridian City Council Meeting Agenda November 7, 2018 – Page 442 of 520 Bainbridge Franklin – AZ PAGE 22 3. Proposed Elevations Meridian City Council Meeting Agenda November 7, 2018 – Page 443 of 520 Bainbridge Franklin – AZ PAGE 23 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. A Certificate of Zoning Compliance application will not be accepted until the ordinance and development agreement are recorded. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines in the City of Meridian Architectural Standards Manual (or any updated versions thereof). b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. c. Design elements compatible with the matrix on page 3-49 of the TMISAP for the MU-C designated area shall be provided with development as follows: Architecture & Heritage (3- 32); Street-Oriented Design – Commercial & Mixed Use buildings (3-33); Buildings to Scale 3-34); Neighborhood Design (3-36); Building Form and Character – Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details – Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU-C only) (3- 41 thru 3-45); Signs (3-46); and Public Art (3-47).. d. Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-C land use designation. e. All of the existing buildings on the site shall be removed and any existing business located on the property shall cease immediately upon annexation. f. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel S1214120710) and to the property to the east (parcel #R8580480020) in accord with UDC 11-3A-3. g. A pedestrian access shall be provided to both the parcel to the west and to the east in order to facilitate pedestrian traffic through the area. h. The only uses allowable within the development are restaurants, retail, office (which include personal and professional services), vertically integrated residential project. i. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. 1.1.2 Prior to the City Council hearing, the applicant shall provide an updated landscape plan showing the required 25 foot landscape buffer along Franklin Road. The parking that is currently proposed within the 25 foot are shall be eliminated. Meridian City Council Meeting Agenda November 7, 2018 – Page 444 of 520 Bainbridge Franklin – AZ PAGE 24 1.1.3 The parking located immediately as you enter the parcel from Franklin shall be eliminated as to not cause traffic problems with vehicles entering the development. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.2 Existing domestic wells within the project area must be properly abandoned per General Condition of Approval 2.2.7. 2.1.3 Any existing sanitary sewer and/or water mainline stubs into the subject parcels that are not proposed to be used must be properly abandoned per the City of Meridian Standards. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can’t serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. 2.1.5 The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for Meridian City Council Meeting Agenda November 7, 2018 – Page 445 of 520 Bainbridge Franklin – AZ PAGE 25 review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Meridian City Council Meeting Agenda November 7, 2018 – Page 446 of 520 Bainbridge Franklin – AZ PAGE 26 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 3.2 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 3.3 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to this application. Meridian City Council Meeting Agenda November 7, 2018 – Page 447 of 520 Bainbridge Franklin – AZ PAGE 27 6. REPUBLIC SERVICES 6.1 Republic Services has no comment on this application, 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments have not yet been received from ACHD on this application. 7.1.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way including all easements). 7.1.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.1.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.1.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.1.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.1.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.1.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE ( 1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits spare or filled) are compromised during any phase of construction. 7.1.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.1.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.1.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.1.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.1.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Meridian City Council Meeting Agenda November 7, 2018 – Page 448 of 520 Bainbridge Franklin – AZ PAGE 28 C. Legal Description and Exhibit Map Meridian City Council Meeting Agenda November 7, 2018 – Page 449 of 520 Bainbridge Franklin – AZ PAGE 29 Meridian City Council Meeting Agenda November 7, 2018 – Page 450 of 520 Bainbridge Franklin – AZ PAGE 30 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Commission finds the proposed annexation to C-G is not consistent with the proposed MU-COM future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement of the commercial districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. However, Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Per the above findings, Commission feels the proposed annexation is not in the best interest of the City. Meridian City Council Meeting Agenda November 7, 2018 – Page 451 of 520 Meridian Planning & Zoning Commission July 12, 2018 Page 5 of 18 McCarvel: Yeah. So, we are just kind of cleaning up the zoning. I'm in favor as well. Anybody else? Wilson: With that, Madam Chair? McCarvel: Commissioner Wilson. Wilson: After considering all staff, applicant and public testimony, I move to recommend approval to City Council of file number H-2018-0051 as presented in the staff report with that requirement of an amendment to the development agreement. McCarvel: Okay. Holland: Second. McCarvel: It has been moved and seconded to approve file H-2018 -- recommend approval on H-2018-0051. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. B. Public Hearing for Bainbridge Franklin (H-2018-0057) by Steve Bainbridge Located at 2075 and 2155 W. Franklin Rd. 1. Request: Annexation and Zoning of 3.68 Acres of Land with a C-G Zoning District McCarvel: So, at this time we will open the public hearing for item H-2018-0057, Bainbridge Franklin. Beach: Thank you, Madam Chair, Members of the Commission. As you said, this is a project called Bainbridge Franklin. It is west of Linder Road on West Franklin. This is an application for annexation. The site consists of approximately 3.68 acres of land. It is currently zoned RUT, located at 2075 and 2155 West Franklin. To the north is West Franklin Road and Industrial properties zoned I-L. To the east are the Twelve Oaks Villas, zoned C-C and TN-R. To the south is vacant commercial properties, zoned C-C, as well as to the west, vacant commercial properties, zoned C-C. There is no current City of Meridian history on this property, because they are requesting annexation this evening. The applicant did provide a concept plan for the developments. Before I get there, though, the Comprehensive Plan future land use map designation for this is mixed use commercial, which is part of the Ten Mile interchange specific area plan. The applicant is requesting annexation, as I said, of 3.6 acres to the C-G zoning district, which is consistent with the mixed use commercial land use designation. The city may require and is requiring -- the staff is recommending, I should say, a development agreement with several provisions. I can go through those if you would like. They are also in the staff report. As I mentioned, this is a concept plan provided by the applicant for the development, showing several relatively small pad sites with associated parking. Meridian City Council Meeting Agenda November 7, 2018 – Page 452 of 520 Meridian Planning & Zoning Commission July 12, 2018 Page 6 of 18 Staff is -- has the following comments on the proposed conceptual plan. The plan does not allow or show the required 25 foot landscape buffer, both on the east and on the north boundary of the property -- against the residential and against Franklin Road. There are some existing buildings on the site. Staff has a condition that the applicant remove the structures and as well as cease the business that is currently operating there and the structures be removed immediately upon annexation. They are asking for access from West Franklin Road. Are providing cross-access to the Twelve Oaks development to the east and staff has also added a condition that they provide cross- access to the west. Conceptual building elevations provided by the applicant and they have to get a certificate of zoning compliance and administrative design review application before they are allowed to construct any -- any businesses or structures on the -- on the property. We did restrict the number of -- number and type of uses that they would be allowed to have on the property. Staff is recommending approval. Did not receive any comments and with that I would stand for any questions you have. McCarvel: Okay. Any questions for staff? Would the applicant like to come forward. Nickel: Good evening, Madam Chair and Commission. Shawn Nickel. P.O. Box 1595, Eagle, Idaho. We are tonight representing Steve Bainbridge -- Bainbridge, the owner of the property. Staff has done a good job at -- at the analysis for the project. We are in favor of -- of all of the conditions with the exception of condition -- on your page 23, Condition 1-1-1E. We would like to keep those existing structures on the property while Mr. Bainbridge markets -- markets the property for redevelopment. There are two houses on the property at this time that bring in income to Mr. Bainbridge. So, we would ask that that condition be removed and allow us to -- to retain those two structures and their uses on the property until development. With that I will stand for any questions. McCarvel: Okay. Any questions for the applicant? Fitzgerald: Madam Chair? McCarvel: Commissioner Fitzgerald. Fitzgerald: Will there be a time frame that would be acceptable? Because I think there is going to be a balance between -- when you get into development you kind of got to get in and get out and that's kind of -- so, will there an acceptable -- and so I can bounce it off staff for you guys -- time frame wise what are you guys looking at? I just -- it's got to be a balance somewhere in between getting the development going and having housing there. Nickel: And Mr. -- Madam Chair and Mr. Commissioner, the applicant would be willing to do a five year moratorium on that -- or a five year sunset on that -- on those uses if the property doesn't develop within that time frame. Fitzgerald: Thank you. Meridian City Council Meeting Agenda November 7, 2018 – Page 453 of 520 Meridian Planning & Zoning Commission July 12, 2018 Page 7 of 18 McCarvel: I guess -- so, what's the hurry -- what's the urgency of getting into the city now than before it's been marketed and a real plan? Because it looks -- like I mean this plan that is shown is probably not acceptable anyway, because it doesn't show the landscape buffers, the cross to the west -- I mean -- so, we would be not even looking at this plan. So, to change the zoning and -- and do it now, what's the rush? Nickel: Madam Chair and Commissioners, the staff has put a condition of approval that we bring back a revised site plan prior to City Council, which we will do that. The reason for the applicant rezoning the property is so he can market it as a commercial -- as a commercial use. It cuts off three or four months of someone having to go in and do that -- do that additional step, not knowing if the -- if the property is -- is appropriate for the uses. That's one reason we are doing this right now is so we can establish what type of uses can go on the property and a basic concept plan for the property, understanding that it is -- it could change slightly depending on the user, but to establish those cross-accesses now, to establish those uses now, that's -- that's why the applicant has decided to request annexation and rezone at this time. McCarvel: Any other questions for the applicant? Okay. Nickel: Thank you. McCarvel: Thank you. Chris, do we have any public testimony? Johnson: Madam Chair, only Mr. Nickel signed it. McCarvel: Okay. Is there anyone else -- there being no one signed in, is there anyone else in the room who would like to testify on this application? Okay. At this time can I get a motion to -- if there is no more questions for the applicant can I get a motion to close the public hearing for Item H-2018-0057? Holland: So moved. Perreault: Second. McCarvel: It has been moved and seconded to close the public hearing on H-2018- 0057. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. McCarvel: I'm thinking I would like to see a little more done on it versus leaving a lot up in the air again and especially with having potential of five years sitting out there. Wilson: Madam Chair? McCarvel: Commissioner Wilson. Meridian City Council Meeting Agenda November 7, 2018 – Page 454 of 520 Meridian Planning & Zoning Commission July 12, 2018 Page 8 of 18 Wilson: I guess it's staff. I mean I can't remember an instance -- I know we have allowed buildings to remain on -- I mean I think, but the five years -- it just seems like a lot -- okay. Yeah. It's a long time. Fitzgerald: Just for the record, Madam Chair, can we -- Josh, what's the time frame in regards to -- if we approve this now or later, how -- there is not a requirement to do anything on it anytime soon; correct? I mean annexations is when we have the ability to to -- we have teeth. We have -- Beach: Yeah. So, what I will say is we typically don't allow folks to annex into the -- into the city and keep structures -- Fitzgerald: Yeah. Beach: -- unless they are going to connect those structures immediately to city utilities I don't believe that's their plan and so that's why the condition in there is to remove them and, typically, that long of a sunset -- I'm kind of with you on that, I don't understand what the -- McCarvel: Yeah. Beach: But it will save them some time marketing wise, I guess, to have it be zoned commercial, but without an actual user for the property right now -- I don't understand the rush anyway. That's just my opinion. McCarvel: Yeah. Parsons: Madam Chair, Members of the Commission, the other thing that we have to keep in mind -- and what Josh alluded to in his presentation is they are currently R-1 in the county now, which is a residential district. If this property were to annex in now we are creating a nonconforming use for the city, because we are allowing a residential use in a commercial if it gets approved and we have a C-G. We try not to create those situations for ourselves and Josh did a great job of also letting you know that if a structure is going to stay on the site it really needs to hook up to utilities. The other thing that didn't come up was one of the residents or one of the structure is being used for a small engine repair business. I don't know if that was grandfathered in or approved at the county or not. Maybe the applicant can shed some light on that for you this evening, but that's the other thing, we don't know if that's a legitimate business or not. Again, we don't want to perpetuate that. It's not consistent with the vision of the Ten Mile plan. The other thing that we pointed out into our -- in our staff report as well is that mixed use commercial type properties are meant to be larger in size and we recognize that this is only a small piece of the property. In our staff report, in our comp plan analysis, we tried to share with you that the adjacent property owner to the west went through that process and changed their land use from what was a residential designation to this mixed use commercial. So, that's why we have conditioned the Meridian City Council Meeting Agenda November 7, 2018 – Page 455 of 520 Meridian Planning & Zoning Commission July 12, 2018 Page 9 of 18 applicant to a development agreement that, you know, we are not really keen on this concept plan. We don't think this is going to work for this property at this point. That's why we said once you have a user come back and amend your development agreement again, so we can make sure that we are setting up this property for success for development by providing -- looking at access at that point, looking at pedestrian connectivity with that larger piece to the -- to the west of this property. It really needs all kind -- that's kind of the intent behind the mixed use commercial designation is that it's all being integrated as one project and so with that particular piece to the west that's one of the conditions that staff put on that particular property. When that came before you in 2015 they had a bubble plan. They didn't have any of that refinement for you to take under consideration. So, in that adjacent property owners development agreement they have to come back before City Council and get their concept plan reviewed -- a more detailed concept plan as well. So, I think in this case, yeah, the applicant may not be ready. We have things for you to take into consideration in the staff report as part of the DA, but, really, the applicant needs to come back at some future date to either give us a better understanding or better concept on how this is going to relate to the adjacent properties. But we will leave that up to you. The issues that you have tonight is the concept plan doesn't have some of the things that code requires. We don't have a lot of cross -- cross-access except for the property to the east and, then, we don't know how that adjacent property is going to develop at this point. So, just something to consider as you take this under advisement this evening. McCarvel: I'm feeling just a little bit like we have got cart before the horse here and that I don't think it would be a difficult process to come in with the C-G zoning at some point with a plan, but I agree, this -- you know, recommending annexation into the city, which we would love to have you, but I think the plan needs to be a little farther along. Holland: Madam Chair, I tend to agree as well. I think they have -- it's not necessarily a bad project, but I think they have got to do -- they have got to do some due diligence to make sure that they meet their code requirements before they are ready to move forward and, I agree, the structures probably would be a conflict if they were to remain on the site. McCarvel: In a five year sunset -- yeah. A lot can happen between now and then. And they are -- are we ready for a motion? Fitzgerald: Madam Chair, are you thinking you would like them to come back with a concept or are you thinking that we are doing something completely different? Because I -- McCarvel: I mean it doesn't seem like they are at a point where another couple of weeks is going to do it. Fitzgerald: Yeah. McCarvel: I think -- Meridian City Council Meeting Agenda November 7, 2018 – Page 456 of 520 Meridian Planning & Zoning Commission July 12, 2018 Page 10 of 18 Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: I think the ACHD report to be significantly different that are down the road that we -- well, from the -- you know, how they are going to approach the entrance off of Franklin. That could look -- I mean as staff says we are growing, that could look very different even in three years. So, that is of concern for me. McCarvel: Okay. Is that -- or do we have more discussion? Wilson: Madam Chair. I agree. McCarvel: Okay. Wilson: I mean I think there is a -- yeah, I mean I think I agree the five years is -- McCarvel: Okay. Go for it. Wilson: After considering all staff, applicant and public testimony, I move to recommend denial to City Council of file number H-2018-0057 as presented during the hearing date of July 12th, 2018, for the following reasons: The concept plan we don't believe kind of is -- meets our vision for the way this area is going to develop and also the -- the proposal that those two structures remain for five years, we don't -- well, I guess that's not a reason. It is. Okay. And the condition -- in the proposal that those two buildings remain. Holland: I will second. McCarvel: It has been moved and seconded to recommend denial of file H-2018-0057. All those in favor say aye. Opposed? Motion of denial carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. C. Public Hearing for Fairbourne Subdivision (H-2018-0052) by Fairbourne Development, LLC Located at the Northwest Corner of W. Chinden Blvd. and N. Black Cat Rd. 1. Request: Rezone of a Portion of Property from R-15 (9.71 Acres), R-8 (39.71 Acres), and C-C (19.48 Acres) to R-8 62.41 Acres) and CC (6.48 Acres); and 2. Request: Preliminary Plat Consisting of 176 Building Lots and 26 Common Lots on 66.35 Acres of Land in a Proposed R-8 and C-C Zoning District; and Meridian City Council Meeting Agenda November 7, 2018 – Page 457 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 81 Project File Number: H-2018-0079 Item Title: Public Hearing for Burlingame Subdivision (H-2018-0079) by Yuriy Mukha, Located at NW Corner of West Cherry Ln. and N Black Cat Rd. Request: Rezone of property from R-4 (18.994 acres) to R-8; Request: Preliminary Plat Consisting of 74 Single-family residential building lots and 14 common lots on 18.994 acres of land in a proposed R-8 zoning district, Request: Modify an existing Development Agreement to allow for additional residential and common lots, to allow for R-8 zoning and to change certain other provisions of the agreement Meeting Notes: M APPROVED I TEM SHEET C ouncil Agenda I tem - 7.I . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for B urlingame S ubdivision (H-2018-0079) by Yuriy M ukha, L ocated at NW C orner of West Cherry L n. and N Black Cat Rd. C lick H ere for Application M aterials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/31/2018 Minutes from Planning and Z oning Commission Minutes 10/11/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/1/2018 - 7:57 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 458 of 520 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/7/2018 Hearing Type: Council Item Number: 8-1 Project Name: Burlingame Subdivision Project No.: H-2018-0079 Active: ❑ Page 1 of 1 Signature Name Address City -State -Zip For Against Neutral I Wish To Testify Sign In Date/Time 4888 w 11/7/2018 Brad law Meridian X cherry lane 6:03:36 PM William 5120 w Meridian 11/7/2018 X X McEwen Cherry Ln idaho 83642 6:35:51 PM Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=101 11/8/2018 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 1 STAFF REPORT HEARING DATE: November 7, 2018 TO: Mayor & City Council FROM: Joshua Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Burlingame Subdivision – RZ, MDA, PP (H-2018-0079) I. SUMMARY DESCRIPTION OF APPLICANTS’ REQUEST The applicant, Yuriy Mukha, has submitted an application to modify the existing development agreement (MDA) to include a new conceptual development plan for the site, to allow for additional residential lots in a proposed R-8 zone; a rezone of 18.994 acres from R-4 to R-8 and a preliminary plat (PP) consisting of 74 building lots and 14 common area lots on 18.994 acres of land in a proposed R-8 zoning district. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, RZ and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on September 20, 2018. At the public hearing, the Commission moved to recommend approval of the subject MDA, PP and RZ requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: Keri Donahue iii. Commenting: William McEwen, Keri Donahue iv. Written testimony: Jeannette O’Brion v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. William McEwn had concerns about the depth of the sewer being stubbed to his property and whether it was even possible to engineer the sewer to serve his property. ii. Concerns about the increase in traffic through the Turnberry Crossing subdivision. c. Key Issues of Discussion by Commission: i. This is an improvement in design and in open space and amenities when compared to the previous version of the project. ii. Concerns that the size of the lots/zoning do not match the surrounding area. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. The applicant requests a step-up in density from LDR to MDR. ii. The applicant has asked Council to keep the irrigation facilities as open waterways. Meridian City Council Meeting Agenda November 7, 2018 – Page 459 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 2 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0079, as presented in the staff report for the hearing date of November 7, 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-2018-0079, as presented during the hearing on November 7, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0079 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located near the northeast corner of W. Cherry Lane and N. Black Cat Road in the SW ¼ of Section 4, Township 3N., Range 1W. B. Applicant: Yuriy Mukha 5504 N. Senita Hills Avenue Meridian, ID 83642 C. Owner: Yuriy Mukha 5504 N. Senita Hills Avenue Meridian, ID 83646 D. Representative: Becky McKay Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 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 modification to the development agreement, rezone and a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on the rezone and preliminary plat; a public hearing is only required before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 31, 2018 (P&Z); September 28 and October 19, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: August 24, 2018 (P&Z); September 21 and October 16, 2018 (Council) D. Applicant posted notice on site by: September 10, 2018 (P&Z); October 29, 2018 (Council) Meridian City Council Meeting Agenda November 7, 2018 – Page 460 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 3 VI. LAND USE A. Existing Land Use(s): There are currently two existing single-family homes on the subject property. The one the west side of the property will remain as part of the proposed subdivision and will be located on Lot 3, Block 5 and the home on the east side of the property will be removed as part of the application. The property is currently zoned R-4 with a request to be rezoned to R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residential (Turnberry Crossing), zoned R-4 South: Single-family residential property, zoned RUT in Ada County East: Two Church buildings, zoned L-O and a single-family residence and daycare zoned RUT in Ada County. West: Single-family residences, zoned RUT in Ada County C. History of Previous Actions: In 2017 a development agreement modification (Instrument No. 2018-014051) was approved that replaced the previously approved concept plan and allowed for up to 60 single family residential lots. Concurrently a preliminary plat was approved that allowed up to 60 single-family lots (H-2017- 0055). D. Utilities: a) Location of sewer: This development is proposed to sewer to the existing mainline in N. Black Cat Road. b) Location of water: The development shall be required to connect to the existing mainline stub in N. O’Conner Avenue to the north, and to the existing mainline in W. Cherry Lane. c) Issues or concerns: A portion of this development is master planned to sewer westerly to the undeveloped McDermott service area. The developer will need to prove that adequate depth and cover can be provided over the sewer mains in the southwestern side of the development. In addition, a sewer stub shall be provided to service 5136 W. Cherry Lane. Sufficient capacity is available in the sewer trunk line in N. Black Cat Road for this development. E. Physical Features: 1. Canals/Ditches Irrigation: The Stafford Sublateral and Settlers Canal run along the northern boundary of this property. There appears to be other irrigation ditches that traverse through this site on the east boundary All open irrigation ditches, laterals and canals, should be tiled when this property develops. 2. Hazards: No hazards have been identified on this site. 3. Flood Plain: This property does not lie within the Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. Low density residential areas are anticipated to contain up to three dwellings per acre. The applicant proposes to develop the site with 74 single-family residential homes, 14 more than what is allowed under the current development agreement, at a gross density of 3.90 dwelling units per acre (d.u./acre) and a net density of 4.98 d.u./acre which is slightly above the anticipated density of the LDR designation. Because the applicant desires to increase the number of lots, the gross density of the project has Meridian City Council Meeting Agenda November 7, 2018 – Page 461 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 4 slightly increased from the previous approval. Therefore, the applicant requests a “step-up” in density as allowed by the Comprehensive Plan but the request is subject to the approval of the City Council. If the Council grants the “step-up” in density from LDR to MDR, the proposed project is consistent with the LDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02F) A 25-foot wide street buffer is required along W, Cherry Lane, designated as an arterial street, landscaped in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed residential development will provide another housing option in this portion of the City adjacent to existing low-medium density residential uses. Staff is unaware of how “affordable” homes in this development will be. Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (3.03.03C) The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the north (O’Conner Avenue). The applicant is also proposing to stub one street to the west and one to the east in order to provide for greater connectivity in the area once those parcels are redeveloped. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available to be extended by the developer to the proposed lots with development in accord with UDC 11-3A-21.The existing home that is to remain will also be required to connect to City services. The home located at 5136 W. Chery Lane must connect per the recorded DA. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The applicant is proposing a residential development. Staff finds that the existing single-family residential properties to the north, south, east and west, as well as the churches to the east, are compatible with the proposed development. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The applicant is proposing to construct five-foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. The pathways master plan shows a 10-foot multi-use pathway along the irrigation facilities that run along the north boundary of the site. The applicant has proposed to route the multi-use pathway through existing irrigation easements consistent with the Master Pathways Plan. “Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern. (5.01.01D) The applicant has asked Council to keep the irrigation facilities as open. The UDC requires that any open irrigation facilities be tiled or landscaped as a water amenity or linear open space. The applicant Meridian City Council Meeting Agenda November 7, 2018 – Page 462 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 5 will need to landscape the irrigation facilities in accord with the requirements of the UDC. “Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A) Previous: The previous proposal was for 1.89 acres (10%) of open space for the development. The applicant also proposed two section of a multi-use pathway as their one (1) required amenity for the subdivision. Current: The applicant is currently proposing 2.26 acres (11.9%) of open space for the development. The applicant is also proposing two section of a multi-use pathway as their one (1) required amenity for the subdivision. The applicant is also proposing a children’s play structure, a gazebo and internal pathways as well as two sections of the City’s multi-use pathway as additional amenities for the development. The current proposal offers almost .5 of an acre of addition open space compared to the previous version of the plat and offers much more in the way of amenities to include a gazebo, a play structure, multi-use pathways and internal micropaths that will connect the entire subdivision for pedestrians. In accord with the above-stated policies and goals, Staff feels the proposed development is consistent with the Comprehensive Plan and the LDR FLUM designation if Council approves a “step up” in density for this development. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the proposed R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Common Open Space and Site Amenities: Open space and site amenities for the development shall be developed in accord with the standards set forth in UDC 11-3G. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-family dwellings. F. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ): The applicant has applied to rezone the property from the R-4 zoneto the R-8 zone. The rezone is desired by the applicant to align with his vison to market the property to retirees and empty nesters. The applicant believes that with the rezone to R-8 and the reduced dimensional standards, the project will now be much easier to market to their target demographic. The R-8 zoning district is an allowable zoning designation within the LDR Comprehensive Plan designation and the proposed density is appropriate if a “step up” is approved by Council. Meridian City Council Meeting Agenda November 7, 2018 – Page 463 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 6 DEVELOPMENT AGREEMENT MODIFICATION (MDA): Development of this property is currently governed by the development agreement (DA) approved for the Burlingame Subdivision (Instrument No. 2018-014051). Because the applicant’s vision for the property does not match what was approved and required with the previous development agreement, the applicant has applied to modify the existing development agreement to update the development plan and building elevations. The previous approved plan included 60 single-family residential lots and 7 common lots with an R-4 designation, which had a density of 4.43 d.u./acre, and contained 1.89 acres of open space. The previous iteration did not require a step up in density per the Comprehensive Plan because the density was in line with the requirements of the Low Density Residential designation. The new plan consists of 74 residential lots and 14 common lots, has 2.26 acres of open space and has a density of 4.98 which will require approval of a “step up” in density. The new DA should include the proposed development plan and any changes required and building elevations included as attached exhibits. See Exhibit A.5 for Staff’s recommended DA provisions. 5136 W. Cherry Lane: With a recent property boundary adjustment one of the existing homes (5136 W. Cherry Lane) was split off and excluded from the proposed preliminary plat and rezone boundary. However, this home is still part of the recorded development agreement. Staff has reviewed the recorded development agreement and finds that even though it is not part of the plat as required in the recorded development agreement, that this home should be required to hook-up to City services; close the existing access to Cherry Lane; extend a 10-foot multi-use pathway along the frontage, provide a 25 foot landscape buffer in accord with UDC 11-3B-7 and take from the proposed W. Montgomery Way and shall abandon direct access to Cherry Lane prior to the City Engineer’s signature on the first final plat. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 74 building lots and 14 common lots on 18.99 acres of land in the proposed R-8 zoning district. The plat is proposed to develop in 3 phases as shown in Exhibit A.2. The average lot size is 7,152 square feet (s.f.) with a minimum lot size of 5,600 s.f. in accord with UDC standards. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-5 and the block length standards listed in UDC 11-6C-3F. Access/streets: The subject property is currently developed with two (2) existing residences. Both of these homes have an access from a 25-foot wide private access easement to/from Black Cat Road across the two (2) existing church properties along the east boundary. The applicant is required to vacate this existing access easement and to provide access to all of the dwellings within this development via internal public streets in accord with UDC 11-3A-3. The easternmost home will be removed with the development and the other home, located near the northwest corner of the development, will remain as part of the development and is located on Lot 3, Block 5. For this development, the applicant is proposing to construct a new public street access to Cherry Lane (N. Montgomery Way), and extend O’Conner Avenue into the site from the north. Two stub streets are proposed; one along the west boundary (N. Bonita Way) and the other along the east boundary (W. White Birch Dr.) for future interconnectivity. Staff is generally supportive of the proposed street system. ACHD has submitted comments and conditions back to the City for this project. ACHD staff has not required any significant changes to the plat. Meridian City Council Meeting Agenda November 7, 2018 – Page 464 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 7 Fencing: Staff has reviewed the proposed fencing for the subdivision and found it to be in compliance with UDC 11-3A-7. Temporary fencing shall be installed during construction and a detailed fencing plan should be submitted with the final plat. Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11-2A-5 as discussed above under Dimensional Standards. Landscaping within the street buffers should be provided in accord with the standards listed in UDC 11-3B-7C. Per the existing DA on the property, Council approved a 25 foot landscape buffer across the frontage of 5136 W. Cherry Lane. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the north side of the Cherry Lane, and another section of the 10-foot regional pathway along the north side of the property adjacent to the Settlers Canal. The applicant also proposes to extend a10-foot multi-use pathway along the northern portion of the east boundary, stubbing the pathway at the west boundary of the church properties. The existing DA for the property only required a 5 foot sidewalk along the frontage of 5136 W. Cherry Lane. Staff is of the opinion that a 10-foot multi-use pathway across the property located at 5136 W. Cherry Lane is essential in connecting to the properties to the east. Both pathways must be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. The applicant is also proposing to construct several micropaths within the development as part of an internal pathway system. The proposed micropaths must be 5-foot in width and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. Irrigation Easement: There are existing irrigation easements along the north and a portion of the east boundary of the project. During the project review meeting with other City Departments, concerns were raised that this area could be an unsafe corridor due to the lack of visibility. In discussing this with the applicant it was determined that Settlers’ Irrigation District needs this area to remain open so they have access to their irrigation facility. Because of this requirement staff is amenable to this area being in a common lot however, staff believes the fencing along the rear yards of the buildable lots should be restricted to 4-foot tall solid or 6-foot open vision fencing only so the future residents can police the area and maintain visibility along the corridor. The applicant shall comply with all of the Settler’s Irrigation District requirements and comply with UDC 11- 3B-12. Waterways: Both the Safford Sublateral and Settlers Canal cross the property on the north boundary. Both lie within a 60-foot wide Settlers Irrigation District easement. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council may waive this requirement for large capacity facilities. The applicant requests a waiver from Council to allow the Settlers Canal and Safford Sublateral to remain open due to their large capacities. The applicant proposes to provide a bridge over both for a vehicle/pedestrian crossing with the extension of the road from the Turnberry Subdivision. Common Driveways: The applicant is proposing two (2) common driveways proposed on the plat. Lot 20, Block 5 and Lot 13, Block 3. All common driveways should comply with the standards listed in UDC 11-6C-3D. Staff has reviewed the dimensions of the common driveways depicted on the plat and have found that Lot 13, Block 3 exceeds the maximum length of 150 feet for a common driveway. The applicant shall reduce the length of the common driveway or provide a turn-around per fire code requirements. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Meridian City Council Meeting Agenda November 7, 2018 – Page 465 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 8 For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures are required to be shown on the preliminary plat and/or as an exhibit with the final plat application. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. The existing trees that are to remain should be protected during construction on the site. Sidewalks and parkways: A detached sidewalk shall be constructed along the entire frontage of W. Cherry Lane with the applicable phase of development in accord with UDC 11-3A-17. The applicant is also proposing 5-foot wide attached sidewalks along the local streets through the development in accord with UDC standards Landscaping, Open Space and Amenities: Previous: The previous proposal was for 1.89 acres (10%) of open space for the development. The applicant also proposed two section of a multi-use pathway as their one (1) required amenity for the subdivision. Current: The applicant is currently proposing 2.26 acres (11.9%) of open space for the development. The applicant is also proposing two section of a multi-use pathway as their one (1) required amenity for the subdivision. The applicant is also proposing a children’s play structure, a gazebo and internal pathways as well as two sections of the City’s multi-use pathway as additional amenities for the development. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.4 Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents and stucco. Because none of the homes will front on any collector or arterial streets, staff is not requiring additional architectural features for the homes. However, the proposed elevations should be incorporated into the amended development agreement to ensure future homes are constructed as proposed by the applicant. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Previous Preliminary Plat (dated: 04/07/2017) 3. Proposed Preliminary Plat (dated: 07/11/2018) 4. Previous Landscape Plan (dated: 03/20/2017) 5. Proposed Landscape Plan (dated: 07/24/2018) Meridian City Council Meeting Agenda November 7, 2018 – Page 466 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 9 6. Building Elevations 7. Development Agreement Provisions for Burlingame Subdivision B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code D. Rezone Legal Description and Exhibit Map Meridian City Council Meeting Agenda November 7, 2018 – Page 467 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 10 Exhibit A.1: Vicinity/Zoning Maps Meridian City Council Meeting Agenda November 7, 2018 – Page 468 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 11 Exhibit A.2: Previous Preliminary Plat (dated: 04/07/2017) Meridian City Council Meeting Agenda November 7, 2018 – Page 469 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 12 Exhibit A.3: Proposed Preliminary Plat (dated: 07/11/2018) Meridian City Council Meeting Agenda November 7, 2018 – Page 470 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 13 Exhibit A.4: Previous Landscape Plan (dated: 03/20/2017) Meridian City Council Meeting Agenda November 7, 2018 – Page 471 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 14 Exhibit A.5 Proposed Landscape Plan (dated: 07/24/2018) Meridian City Council Meeting Agenda November 7, 2018 – Page 472 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 15 Meridian City Council Meeting Agenda November 7, 2018 – Page 473 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 16 Exhibit A.6: Building Elevations Meridian City Council Meeting Agenda November 7, 2018 – Page 474 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 17 Meridian City Council Meeting Agenda November 7, 2018 – Page 475 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 18 Exhibit A.6: Development Agreement Provisions for Burlingame Subdivision 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses in the R-4 and R-8 zones. 6. That a maximum of 60 74 single-family building lots shall be platted on this property. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That one public street access, and no driveways, will be allowed to Cherry Lane. Existing driveway(s) to Black Cat Road and Cherry Lane may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACHD). At such time, direct lot access to Cherry Lane and Black Cat Road shall be prohibited. 9. That the applicant shall be responsible for the payment of assessments and the actual physical hook- up of the existing houses to the municipal services. The hook-ups shall be completed prior to Certificates of Occupancy for each phase for which that house lies in Lot 2, Block 4 Lot 3 Block 5 shall be hooked to municipal services prior to Certificates of Occupancy of the phase that connects to W. Cherry Lane. 10. Staff has reviewed the recorded development agreement and finds that even though it is not part of the subdivision plat, this parcel is included in the existing recorded development agreement, and is required to comply with the following: 1. Hook-up immediately to City services 2. Close the existing access to Cherry Lane 3. Extend a 10-foot multi-use pathway along the frontage 4. Provide a 25 foot landscape buffer in accord with UDC 11-3B-7 5. Shall be required to take access the proposed W. Montgomery Way and shall abandon direct access to Cherry Lane prior to the City Engineer’s signature on the first final plat. Meridian City Council Meeting Agenda November 7, 2018 – Page 476 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 19 B. Agency & Department Comments/Conditions 1. PLANNING DIVISION 1.1 Development Agreement 1.1.1 The existing development agreement, recorded as Instrument #106151230 shall be amended to include a new concept plan, landscape plan, new building elevations and to modify certain provisions of the existing development agreement as noted in Exhibit A.5. A final plat application shall not be submitted until the DA is signed and approved by City Council. The new Development Agreement (DA) shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the modification/new agreement. The DA shall, at minimum, incorporate the provisions in Exhibit A.5. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 07/11/2018, shall be revised as follows : a. The applicant shall connect the existing home (Lot 3, Block 5) to city utilities prior to signature on the final plat that the specific home lies within. b. All common driveways should comply with the standards listed in UDC 11-6C-3D. Staff has reviewed the dimensions of the common driveways depicted on the plat and have found that Lot 13, Block 3 exceeds the maximum length of 150 feet for a common driveway. The applicant shall reduce the length of the common driveway or provide a turn-around per fire code requirements. c. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures are required to be shown on the preliminary plat and/or as an exhibit with the final plat application. d. The property located at 5136 W. Cherry Lane shall access the proposed N. Montgomery Way and shall abandon direct access to Cherry Lane prior to the City Engineer’s signature on the first final plat. 1.1.2 The landscape plan included in Exhibit A.3, dated 07/24/2018, shall be revised as follows: a. Landscaping is required along the multi-use pathway that is required to cross through the plat. This landscaping shall be installed in accord with the standards listed in UDC 11-3B-12C. b. If the applicant is counting Lot 22, Block 3 and Lot 31, Block 5 as qualified open space, the areas shall be landscaped in accord with UDC 11-3G-3. The applicant also has the option of requesting a waiver from City Council to leave them open. c. The applicant has requested to leave the irrigation canals open and shall landscape the canal in accord with UDC 11-3B-12. d. Ant storm drainage facilities shall comply with the conditions as set forth in UDC 11-3B-11. e. The fencing proposed along the eastern boundary of Lots 23-28 of Block 3 shall be either a 4-foot solid fence or 6-foot open vision fence in order to police the area and to maintain visibility in the area. f. The applicant shall revise the landscape plan to include a 25 foot landscape easement across the frontage 5136 W. Cherry Lane. g. The two proposed multi-use pathways shall be landscaped in accord with UDC 11-3B-12. Meridian City Council Meeting Agenda November 7, 2018 – Page 477 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 20 h. Construct all amenities as proposed. 1.1.3 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11- 2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for non- residential uses. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. Meridian City Council Meeting Agenda November 7, 2018 – Page 478 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 21 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 This development is proposed to sewer to the existing mainline in N. Black Cat Road, even though there is a portion that is master planned to sewer westerly to the undeveloped McDermott service area. The developer will need to prove that adequate depth and cover can be provided over the sewer mains in the southwestern side of the development without adding excessive fill. Sufficient capacity is available in the sewer trunk line in N Black Cat Road for this development, and Public Works is agreeable to the design concept. 2.1.2 A sewer stub shall be provided to service 5136 W. Cherry Lane, and the developer shall be required to physically install the grinder pump system, pay the assessment fees and connect the home to this service. 2.1.3 The development shall be required to connect to the existing water mainline stub in N. O’Conner Avenue to the north, and to the existing mainline in W. Cherry Lane. 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 Meridian City Council Meeting Agenda November 7, 2018 – Page 479 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 22 Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving developmen t 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 11-1-4B. Meridian City Council Meeting Agenda November 7, 2018 – Page 480 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 23 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed public sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. Meridian City Council Meeting Agenda November 7, 2018 – Page 481 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 24 4. FIRE DEPARTMENT Meridian City Council Meeting Agenda November 7, 2018 – Page 482 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 25 Meridian City Council Meeting Agenda November 7, 2018 – Page 483 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 26 Meridian City Council Meeting Agenda November 7, 2018 – Page 484 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 27 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 Developer shall construct a 10 foot multi-use pathway as per the Meridian Pathways Master Plan connecting Black Cat Road to the west boundary. A pedestrian pathway easement shall be recorded for the required pathway. Coordinate with Kimberly Warren, Meridian Pathway Project Manager for details. 6.2 Coordinate with Elroy Huff, City Arborist for tree mitigation requirements on the development property. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval (DRAFT) 7.1.1 Construct curb ramps, runs and blended transitions to be equal to the width of the shared use path crossing O’Conner Avenue, not including any flared sides if utilized. 7.1.2 Improve Cherry Lane to a minimum of 17-feet of pavement from centerline plus a 3-foot wide gravel shoulder abutting the site. 7.1.3 Dedicate a minimum of 48-feet of right-of-way from the section line on Cherry Lane. As Cherry Lane is not included in the CIP, no compensation will be provided. 7.1.4 Construct a minimum of 5-foot wide concrete sidewalk along Cherry Lane abutting the site located a minimum of 41-feet from the centerline of Cherry Lane. 7.1.5 Construct Montgomery Way 120-feet north of Cherry Lane (measured from centerline) with two 21-foot wide travel lanes, vertical curb, gutter, a 9-foot wide island and 5-foot wide concrete sidewalks within 65-feet of right-of-way. 7.1.6 Construct all other internal streets as 33-foot street sections, with rolled curb, gutter and 5-foot wide concrete sidewalk within 47-feet of right-of-way. 7.1.7 Maintain a minimum sight distance of 150-feet for vehicles on Filoli Way approaching the Montgomery Way intersection. 7.1.8 Maintain a minimum sight distance of 280-feet for vehicles on Filoli Way entering Montgomery Way / Milliron Street. Meridian City Council Meeting Agenda November 7, 2018 – Page 485 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 28 7.1.9 Construct Montgomery Way to intersect Cherry Lane approximately 1,190-feet west of Black Cat Road (measured centerline-to-centerline).Install “NO PARKING” signs on one side of the street on Filoli Court and Bellevue Court. 7.1.10 Construct White Birch Drive to intersect Montgomery Way 330-feet north of Cherry Lane (measured centerline-to-centerline). 7.1.11 Extend O’Connor Avenue south into the site. 7.1.12 Construct two stub streets, one extending west stubbing to 5200 W. Cherry Lane and one extending east stubbing to 5120 W. Cherry Lane. Install a sign at the terminus of both stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.13 Construct a temporary turnaround with a minimum 45-foot radius at the terminus of the stub street to 5120 W. Cherry Lane, as the stub street exceeds 150-feet in length. Grant a temporary turnaround easement to the District for those portions of the cul-de-sac which extend beyond the dedicated street right-of-way. In the instance where a temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified on the plat as a non-buildable lot until the street is extended. 7.1.14 Submit the bridge plans for the crossing of the Safford Sublateral (O’Conner Avenue) for review and approval prior to the pre-construction meeting and final plat approval. 7.1.15 Cherry Lane is classified as a principal arterials 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. 7.1.16 Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 7.1.17 Payment of impact fees is due prior to issuance of a building permit. 7.1.18 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval (DRAFT) 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the Meridian City Council Meeting Agenda November 7, 2018 – Page 486 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 29 event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Meridian City Council Meeting Agenda November 7, 2018 – Page 487 of 520 Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 30 C. Required Findings from Unified Development Code 1. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to transportation and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more information from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Commission relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. Commission and Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Commission is unaware. f. The development preserves significant natural, scenic or historic features. Commission is unaware of any significant natural, scenic or historic features that exist on this site. 2. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant 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 rezone the subject property from R-4 to the R-8 zoning district. This property is currently designated Low Density Residential on the Future Land Use Map. Commission finds the amendment is consistent with the applicable provisions of the Meridian City Council Meeting Agenda November 7, 2018 – Page 488 of 520 Comprehensive Plan if the City Council approves the “step-up”. (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds that the proposed map amendment to the R-8 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 already exist to this site. 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). This finding is not applicable as the request is for a rezone. Meridian City Council Meeting Agenda November 7, 2018 – Page 489 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 490 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 491 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 492 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 493 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 494 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 495 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 496 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 497 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 498 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 499 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 500 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 501 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 502 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 503 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 504 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 505 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 506 of 520 BURLINGAME SUBDIVISION MERIDIAN CITY COUNCIL NOVEMBER 7, 2018 PUBLIC HEARING BURLINGAME SUBDIVISION – VICINITY MAP BURLINGAME SUBDIVISION – AERIAL MAP BURLINGAME SUBDIVISION PREVIOUSLY APPROVED PRELIMINARY PLAT BURLINGAME SUBDIVISION LANDSCAPE PLAN BURLINGAME SUBDIVISION – AMENITIES A total of 2.26 acres (11.9 percent) of qualified open space Multi-use pathways on north, south and east boundaries Gazebo Playground Equipment Retainage of existing spruce trees Interconnecting pedestrian pathways Pond BURLINGAME SUBDIVISION LANDSCAPE PLAN BURLINGAME SUBDIVISION LANDSCAPE PLAN BURLINGAME SUBDIVISION LANDSCAPE PLAN BURLINGAME SUBDIVISION – DRIVEWAY LOCATION BURLINGAME SUBDIVISION – ELEVATIONS BURLINGAME SUBDIVISION – ELEVATIONS BURLINGAME SUBDIVISION – ELEVATIONS BURLINGAME SUBDIVISION LANDSCAPE PLAN City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 8 J Project File Number: Item Title: Community Development Mechanical Evolution Plan Discussion Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.J . Presenter: Bruce Freckleton Estimated Time f or P resentation: 15 Title of I tem - C ommunity Development M echanical E volution P lan Discussion C ommunity Development Mec hanic al Evo lutio n P lan Budget Amend ment for Mec hanic al P rogram, No t-to -Exc eed $712,196 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo Cover Memo 11/2/2018 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 11/1/2018 - 7:45 A M Community Development.Fields, J enny Approved 11/2/2018 - 10:32 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 507 of 520 Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 _________________________________________________________________________ Community Development Department MEMORANDUM October 31, 2018 To: Mayor and City Council Members From: Bruce Freckleton, Development Services Manager Re: Building Services – Mechanical Program Budget Amendment (REVISED) Dear Mayor and Council, As we have discussed previously, the Idaho Division of Building Safety (IDBS) has been providing Mechanical Plan Review and Inspection services to the City of Meridian since October of 2013. Following the development and approval of the 2018 Budget Amendment to convert the Building and Electrical Plan Review and Inspection programs from a contracted model to an in- house model, IDBS notified the City that they would not continue the mechanical plan review & inspection relationship. Unfortunately this has put in a situation where we have a very short timeframe to replace the Mechanical Plan Review and Inspection services for our community. IDBS has signed a short term agreement with the city to provide very limited inspection assistance from October 1 st to December 31, 2018. During this short transitional period, we are working diligently to replace these services in the following manner: Hybrid In-House/Contracted Mechanical Program: Under this hybrid model, we would continue to contract out the mechanical plan review services, but hire our own inspection team. 1. Reclassify Electrical Administrative Assistant position (Approved/Funded with Building Budget Amendment), to an Administrative Assistant Supervisor. 2. Reclassify Permit Technician II position (Existing position), to a Permit Technician Supervisor. 3. Create one (1) Mechanical Inspection Supervisor position 4. Create four (4) Mechanical Inspector positions This model is designed to satisfy today’s demands while using a hybrid of In-House Inspection and contracted services to conduct Mechanical Plan Review. Projected first year cost $727,108.00 Projected cost subsequent years $493,818.00 We hope that the Council will consider our request and agree that this is a necessary Budget Amendment to bring these critical services in-house. Meridian City Council Meeting Agenda November 7, 2018 – Page 508 of 520 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 8 K Project File Number: Item Title: Community Development Mechanical Evolution Plan Budget Amendment Not to Exceed $727,108 Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 7.K . Presenter: Estimated Time f or P resentation: Title of I tem - C ommunity Development M echanical E volution P lan Budget Amendment Not to E xceed $727,108 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate B udget A mendment B udget A mendment 11/2/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 11/2/2018 - 10:14 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 509 of 520 E IDIAN1__--11' Community Development Department To: From Re Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 MEMORANDUM October 31, 2018 Mayor and City Council Members Bruce Freckleton, Development Services Manager Building Services — Mechanical Program Budget Amendment (REVISED) Dear Mayor and Council, As we have discussed previously, the Idaho Division of Building Safety (IDBS) has been providing Mechanical Plan Review and Inspection services to the City of Meridian since October of 2013. Following the development and approval of the 2018 Budget Amendment to convert the Building and Electrical Plan Review and Inspection programs from a contracted model to an in- house model, IDBS notified the City that they would not continue the mechanical plan review & inspection relationship. Unfortunately this has put in a situation where we have a very short timeframe to replace the Mechanical Plan Review and Inspection services for our community. IDBS has signed a short term agreement with the city to provide very limited inspection assistance from October 1St to December 31, 2018. During this short transitional period, we are working diligently to replace these services in the following manner: brid In-House/Contracted Mechanical Program: Under this hybrid model, we would continue to contract out the mechanical plan review services, but hire our own inspection team. 1. Reclassify Electrical Administrative Assistant position (Approved/Funded with Building Budget Amendment), to an Administrative Assistant Supervisor. 2. Reclassify Permit Technician II position (Existing position), to a Permit Technician Supervisor. 3. Create one (1) Mechanical Inspection Supervisor position 4. Create four (4) Mechanical Inspector positions This model is designed to satisfy today's demands while using a hybrid of In -House Inspection and contracted services to conduct Mechanical Plan Review. Projected first year cost $727,108.00 Projected cost subsequent years $493,818.00 We hope that the Council will consider our request and agree that this is a necessary Budget Amendment to bring these critical services in-house. 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To t a l A m e n d m e n t R e q u e s t 7 2 7 , 1 0 8 $ Me c h a n i c a l P r o g r a m Co m m u n i t y D e v e l o p m e n t 1. D e s c r i b e w h a t i s b e i n g r e q u e s t e d ? Th i s r e q u e s t i s i n t e n d e d t o f a c i l i t a t e t h e c o n v e r s i o n o f t h e c u r re n t l y c o n t r a c t e d m e c h a n i c a l p l a n r e v i e w a n d i n s p e c t i o n s e r v i c e s t o a h y b r i d m o d e l w h e r e i n w e w o u l d e m p l o y f i v e ( 5 ) ne w F T E ' s t o p e r f o r m t h e m e c h a n i c a l i n s p e c t i o n s e r v i c e s . A t t h e s a m e t i m e w e w o u l d c o n t i n u e t o c o n t r a c t o u t t h e p l a n r e v i e w e le m e n t . T h i s b u d g e t a m e n d m e n t a l s o p r o v i d e s f o r th e e n h a n c m e n t o f t w o e x i s t i n g p os i t i o n s t o i n c r e a s e t h e i r l e v e ls o f r e s p o n s i b i l i t y t o i n c l u d e s u p e r v i s o r y d u t i e s . T h i s i s n e ed e d t o m o r e r e a s o n a b l y a l i g n n u m b e r s o f d i r e c t r e p o r t s wi t h i n t h e B u i l d i n g Se c t i o n , a n d C o m m i u n i t y D e v e l o p m e n t D e p a r t m et . I t i s a n t i c i p a t e d t h a t d u e t o t h e g r o w t h o f t h e B u i l d i n g S ec t i o n , t h a t a d e p a r t m e n t w i d e r e o r g a n i z a t i o n i s ne c e s s a r y . 4. D e s c r i b e t h e p r o p o s e d m e t h o d o f f u n d i n g ? I f f u n d i n g i s s p l i t b e t w e e n F u n d s ( i . e . . G e n e r a l , E n t er p r i s e , G r a n t ) , p l e a s e i n c l u de t h e p e r c e n t a g e s p l i t . L i s t t h e a m o u n t s a n d s o u r c e s o f an t i c i p a t e d a d d i t i o n a l r e v e n u e t ha t w i l l r e s u l t f r o m a p p r o v a l o f t h i s r e q u e s t . Ge n e r a l F u n d ‐ M e c h a n i c a l P e r m i t F e e R e v e n u e 6. D o e s t h i s r e q u e s t r e q u i r e r e s ou r c e s t o b e p r o v i d e d b y o t h e r d e p a r t m e n t s ? I f y e s , p l e a s e d e s c r i b e t h e n e c e s s a r y r e s o u r c e s t o b e p r o v i d e d b y o t h e r d e p a r t m e n t s . Pu r c h a s i n g ‐ A s s i t a n c e w i t h v e h i c l e p u r c h a s e s , M a s t e r A g r e e m e n t a nd T a s k O r d e r w i t h M e c h a n i c a l P l a n R e v i e w C o n t r a c t o r IT ‐ A s s i s t a n c e w i t h t e c n o l o g y p u r c h a s e a n d c o n f i g u r a t i o n s 7. D o e s t h i s A m e n d m e n t i n c l u d e a n y n e e d e d E q u i p m e n t o r S o f t w a r e t ha t w i l l u t i l i z e t h e C i t y ' s n e t w o r k ? ( Y e s o r N o ) Ye s 9. A n y a d d i t i o n a l c o m m e n t s ? Pl e a s e s e e p r e s e n t a i o n f o r a d d i t i o n a l i n f o r m a t i o n . Ev e r y e f f o r t s h o u l d b e m a d e t o a v o i d r e o p e n i n g t h e b u d g e t f o r a n a m e n d m e n t . D e p a r t m e n t s w i l l n e e d t o p r o v i d e b a c k u p a n d a p p e ar b e f o r e t h e C i t y C o u n c i l t o j u s t i f y b u d g e t a m e n d m e n t s . Bu d g e t a m e n d m e n t s a r e i n t e n d e d f o r e m e r g e n c y o r m a n d a t o r y c h a n g es t o t h e o r i g i n a l b a l a n c e d b u d g e t . C h a n g e s t o t h e o r i g i n a l b a la n c e d b u d g e t m a y c a u s e a f u n d i n g s h o r t f a l l . 5. D o e s t h i s r e q u e s t a l i g n w i t h t h e D e p a r t m e n t / C i t y ' s s t r a t e g i c p l a n? I f n o t , p l e a s e e x p l a i n h o w t h is r e q u e s t w a s n o t i n c l u d e d i n th e D e p a r t m e n t / C i t y s t r a t e g i c p l a n ? Ye s 2. W h y w a s t h i s b u d g e t r e q u e s t n o t s u b m i t t e d d u r i n g t h e c u r r e n t f i s c a l y e a r b u d g e t c y c l e ? Th e t i m i n g o f t h i s b u d g e t a m e n d m e n t u n f o r t u n a t e l y h a s b e e n d r i v en b y o u r e x i s t i n g P r o f e s s i o n a l S e r v i c e s p r o v i d e r D B S ( I d a h o D i v is i o n o f B u i l d i n g S a f e t y ) , d e l i v e r y o f n o t i c e o f te r m i n a t i o n t o t h e c i t y . 3. W h a t i s t h e e x p l a n a t i o n f o r n o t s u b m i t t i n g t h i s b u d g e t r e q u es t d u r i n g t h e n e x t f i s c a l y e a r b u d g e t c y c l e ? Th e t i m i n g o f t h i s b u d g e t a m e n d m e n t i s a g a i n d r i v e n b y t h e n e e d fo r c o n t i n u i t y o f o p e r a t i o n s d u e t o t h e n o t i c e o f t e r m i n a t i o n f ro m o u r P S A M e c h a n i c a l P l a n R e v i e w a n d I n s p e c t i o n co n t r a c t o r . 8. I s t h e a m e n d m e n t g o i n g t o r e s u l t i n t h e d i s p o s a l o f a n a s s e t ? ( Ye s o r N o ) No Ci t y o f M e r i d i a n F Y 2 0 1 9 B u d g e t A m e n d m e n t F o r m F: \ B U D G E T \ F Y 2 0 1 9 \ A m e n d m e n t s \ F Y 2 0 1 9 B u d g e t A m e n d m e n t F o r m _ C o m m D e v_Mechanical Program (Modified) 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 N o v e m b e r 7 , 2 0 1 8 – P a g e 5 1 1 o f 5 2 0 Community Development Mechanical Program Evolution Plan CITY COUNCIL MEETING NOVEMBER 7, 2018 Ground to Cover Vision & Principle Contract Model - History & Status Mechanical Permit Volume Phase One Community Development Re-Organization Mechanical Revenue/Expense Budget Amendment Summary Thoughts & Direction Vision & Principle City of Meridian Vision Statement By 2035, Meridian will be the West's premier community in which to live, work and raise a family Guiding Principles: Excellent and timely customer service Innovation and constant process improvement Mindful of the impact to the customer and community New venture for the City Committed to building the best possible program Improvements will be found along the way Contract Model - History/Status City has always contracted mechanical plan review and inspection services 2013 - Conducted RFQ and transitioned from private to public contractor On July 6, 2018 the State Division of Building Safety (DBS) delivered a notice to terminate the Mechanical Plan Review and Inspection PSA, due to upcoming demands on their program. The contract end date is December 31, 2018. DBS has reduced to 50 mechanical inspections per day maximum until Dec. 31, 2018, however there is some willingness to accommodate the full daily need. Conducted RFQ. No response for mechanical inspection. Received one response for mechanical plan review only. Master agreement and task order for mechanical plan review in process. No RFQ response for mechanical inspection services. Therefore, this budget amendment for in-house FTE mechanical inspection. Mechanical Permit Volume Permits for: mechanical rough, fireplace, gas pressure test, mechanical consultations, re-inspections and final inspections. 2016 = 9,645 total inspections. (average of 803 per month or 39 per day) 2017 = 9,770 total inspections. (average of 814 per month or 39 per day) 2018 = 12,577 total inspections. (average of 1,048 per month or 51 per day) DBS has used (5) FTE’s to serve Meridian in 2016, 2017, and 2018. This proposal is for (1) Mechanical Inspection Supervisor, and (4) Mechanical Inspectors Current Community Development Org. Chart Phase One Community Development Re-Organization Phase One Community Development Re-Organization Phase One Community Development Re-Org. Chart Mechanical Revenue/Expense $- $100,000.00 $200,000.00 $300,000.00 $400,000.00 $500,000.00 $600,000.00 $700,000.00 $800,000.00 $900,000.00 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Historical / Projected Mechanical Revenue and Historical/Projected Expense Mechanical Rev.Mechanical Exp. - FTE Mechanical Exp. - DBS Budget Amendment Summary Budget Amendments On-Going One-Time Totals FTEs and Vehicles $ 486,138 $ 209,250 $ 695,388 Technology $ 7,680 $ 24,040 $ 31,720 Total $ 493,818 $ 233,290 $ 727,108 Thoughts & Direction City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 9 A Project File Number: H-2017-0104 Item Title: Ordinance No. 18-1764 A — Movado Green Meeting Notes: Subdivision An Ordinance (H-2017-0104 — Movado Greens Subdivision) For The Re -Zone Of Two Parcels Of Land Located In The NW'/4 Of The NE 1/40f Section 21, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From C- G (General Retail And Service Commercial) Zoning District To R-15 (Medium High Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. &I APPROVED I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 18-1764A: An Ordinance (H-2017-0104 – M ovado Greens Subdivision) F or T he Re-Zone Of Two P arcels Of L and Located In T he Nw ¼ Of T he Ne ¼ Of S ection 21, Township 3 North, Range 1 E ast, Boise M eridian, City O f M eridian, Ada C ounty Idaho; Establishing And D etermining T he Land Use Zoning C lassification F rom C -G (General Retail And Service Commercial) Zoning D istrict To R-15 (M edium High Residential) Zoning D istrict In T he M eridian City Code; P roviding T hat Copies O f T his O rdinance Shall B e F iled With T he Ada County Assessor, T he Ada County Recorder, And T he Idaho S tate Tax Commission, As Required B y L aw; And Providing F or A S ummary O f T he Ordinance; And P roviding For A Waiver O f T he Reading Rules; And P roviding An E ffective D ate. Amended Ordinance to include both pages of legal description C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Movado Greens Ordinance Ordinance 11/1/2018 Movado Greens - Exhibit A to ordinance E xhibit 11/1/2018 Movado Greens - Exhibit B to ordinance E xhibit 11/1/2018 Movado Greens S ummary Ordinance 11/1/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 11/1/2018 - 10:58 A M L egal.A lbertson, Michelle Approved 11/1/2018 - 11:00 A M Meridian City Council Meeting Agenda November 7, 2018 – Page 512 of 520 ADA COUNTY RECORDER Christopher D. Rich 2018-106882 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/08/2018 10:07 AM CITY OF MERIDIAN, IDAHO NO FEE BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-201.7-0104 — MOVADO GREENS SUBDIVISION) FOR THE RE- ZONE OF TWO PARCELS OF LAND LOCATED IN THE NW i/a OF THE NE 1/a OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM C -G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT TO R-15 (MEDIUM HIGH RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF 1 1 / 11 1 1� 1 SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Movado Development LLC. SECTION 2. That the above-described real property is hereby re -zoned from C -G (General Retail and Service Commercial) Zoning District to R-1.5 (Medium High Residential) Zoning District in. the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RE ZONE ORDINANCE — MOVADo GREENS SUBDIVISION - H-2017-0104 PAGE 1 OF 3 Meridian City Council Meeting Agenda November 7, 2018— Page 513 of 520 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7 day of PJOV&"W , 2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7 "-day of 2018. MAYOR T~ de WEERD A (7A Vv AAUC 1l� O J oF4 4A C. -JAY djLES, CITY CLERK =� Q ,(' city of m ` ��rfe 9r :� z iF-iASy! RE ZONE ORDINANCE — MOvADO GREENS SUBDIVISION - H-2017-0104 PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada ) On this r�" day of �Jb\r& b OC__, 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. W (SECHARLENE WAY Notary Public for'Idaho COMMISSION 1673W Residing At: 1MQLL1&LAAP,� NOTARY PUBLIC My Commission Expires:,j-A"9 o`Z �- STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 RE ZONE ORDINANCE — MOvADO GREENS SUBDIVISION - H-2017-0104 PAGE 3 OF 3 Meridian City Council Meeting Agenda November 7, 2018 – Page 516 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 517 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 518 of 520 Meridian City Council Meeting Agenda November 7, 2018 – Page 519 of 520 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18-1764A PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of two parcels of land located in the NW '/a of the NE 1/a of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County. These parcels contain 11.08 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of IvOW11,7 RO�,160 31UG(/ST� � V � City of of Mk#dian - E IDIAN Mayor and City Council By: C.Jay Coles, City Clerk G �y S'EXL ,Q First Reading: %� l �� 0 lFR of the TREP�J�� Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YESNO Second Reading: - Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18- M 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 - VAU�ilN 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 —V-kv' day of IV 0\Fe Mex— , 2018. �ja'0' . ,.J William. L.M. Nary City Attorney REZONE ORDINANCE SUMMARY-MovADO GREENS SUBDIVISION—H-2017-0104 PAGE 1 City Council Meeting Meeting Date: November 7, 2018 Agenda Item Number: 10 Project File Number: H Item Title: Future Meeting Topics Meeting Notes: