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2018-11-20
C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, November 20, 2018 at 6:00 P M 6:32PM 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by L arry Woodar d of Ten M ile C hr istian C hurch 4. Adoption of Agenda Adopted 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address thei r elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assi st you i n resolving the matter following the meeting. 6. P roclamation A. Rocky M ountain High S chool G irls & B oys S occer - S tate Champions 7. Consent Agenda [Action Item] Approved A. Approve M inutes of Novemb er 7, 2018 C ity C ouncil Regular M eeting B. Temporary C onstruction E asement with C hristopher and J anice Hendr y of 1052 E ast S icily S treet for the Replacement of a S ewer S ervice. C. Irrigation C rossing Agreement with the B ur eau Of Reclamation at T he S undell L ater al for T he S outh L inder S ewer T runk E xtension. D. F inal P lat for J ump C r eek No. 3 (H-2018-0113) by T r ilogy Idaho, L ocated on the NW co rner of N. B lack C at Rd. and W. M c M illan Rd. E. F inal P lat for G ondola View Subdivision (H-2018-0116) by West Ada S chool D istrict No. 2, L ocated E ast of. N. Black C at Rd on the Nor th side of W. G ondola D r. F. F inal Order for T M Crossing No. 3 (H-2018-0114) by S C S B righton, LLC , L ocated at the NE cor ner of I-84 and S . Ten M ile Rd. G. F indings of F act, C onclusions of L aw for B ur lingame S ubdivision (H-2018-0079) by Yuriy M ukha, L ocated near the NW corner of W. Cherry L n. and N. B lack C at Rd. H. F indings of F act, C onclusions of L aw for Westbr idge S ubdivision (H-2018-0088) by J ane S uggs, L ocated at 5745 and 5865 N. B lack C at Rd. I. D evelopment Agreement for Whitecliff E states S ubdivision (H- 2018-0074) with 943 W. M cM illan Road L L C (Owner) and 4345 L inder Road, LLC (D eveloper) located at 943 W. M c M illan Road in the NW 1/4 of S ection 36, Township 4N., Range 1W. J. Addendum to D evelopment Agreement for C alder wood B usiness P ark M D A (H2018-0103) with GGR, LLC (O wner/D eveloper) original D A recorded on M ay 20, 2015 I nstr ument No.2015-043235 K. Approval of C ontr act Amendment No. 9 with E ide B ailly for F inancial Audit S er vices F Y 2018 for the Not-to-E xceed amount of $52,300.00. L. AP I nvoices for P ayment 11/15/18 - $25,481.63 M. AP I nvoices for P ayment 11/21/18 - $3,125,091.98 8. Items M oved F rom T he C onsent Agenda [Action Item] 9. Action I tems Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or 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. Continued from No vember 7, 2018: Request to P r ovide Water and S ewer S ervice to Un-annexed P roperty at 5233 W. F ranklin Rd. Continued to December 11, 2018 meeting B. P ublic Hearing C ontinued fr om November 7, 2018 for T imber C r eek Recycling (H-2018-0042) by M ichael M urgoitio, L ocated at 7695 S . L ocust G rove Rd. Public hearing closed. Conditions of approval scheduled for review December 4, 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 C. P ublic Hearing for J ocelyn P ar k Subdivision (H-2018-0100) by J arron L angston, L ocated near the S W cor ner of W. Victor y Rd. and S . M eridian Rd. Approved 1. R equest: P reliminary P lat consisting of 23 single family residential lots and 2 common lots on 13.32 acres of land in an R -8 zoning district D. Budget Amendment for Solid Waste Advisory C ommission (S WAC ) P rojects Not to E xceed $27,458 Approved E. P olice: B udget Amendment for Criminal Investigation D ivision Vehicle Replacement Not to E xceed $29,000 Approved 10. D epar tment Reports A. City C lerk's O ffice: P roposed F ee Update 11. O rdinances A. O rdinance No. 18-1797: An O rdinance (H-2018-0074– Whitecliff E states S ubdivision) F or Annexation Of A P arcel Of L and B eing T he NE ¼ O f T he NW ¼ O f S ection 36, Township 4 Nor th, Range 1 West, B oise M eridian, Ada C ounty, Idaho, As D escribed In Attachment “A” And Annexing C er tain L ands And Territory, S ituated In Ada C ounty, Idaho, And Adjacent And C ontiguous To T he C orporate L imits Of T he C ity O f M er idian As Requested B y T he C ity O f M eridian; E stablishing And D etermining T he L and Use Zoning C lassification of 40.60 Acr es of L and F rom RUT To R-4 (M edium L ow D ensity Residential) Zoning D istrict In T he M er idian City C ode; Providing T hat C opies O f T his O rdinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada County Recor der, And T he Idaho S tate Tax C ommission, As Requir ed B y L aw; And P roviding F or A S ummary O f T he O r dinance; And P roviding F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate. Approved 12. F uture M eeting Topics Adjourned at 10:06pm 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 20, 2018. A Meeting of the Meridian City Council was called to order at 6:35 p.m., Tuesday, November 20, 2018, by President Joe Borton. Members Present: Joe Borton, Luke Cavener, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Mayor Tammy de Weerd. Also present: C.Jay Coles, Bill Nary, Caleb Hood, Josh Beach, Kyle Radek, Jeff Lavey, Charlie Butterfield, Karie Glenn and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener ____ Mayor Tammy de Weerd Borton: Thank you, everybody. Sorry we are a little late starting our -- our general meeting for Tuesday, November 20th, 2018. It's about 6:35. We will begin tonight's regular meeting with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance Borton: Item No. 2 is the Pledge of Allegiance. If you would all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard of Ten Mile Christian Church Borton: Tonight's community invocation, will be led by Larry Woodard with the Ten Mile Christian Church. Larry, good to see you. Thanks for joining us tonight. Woodard: We thank you, Lord, for this holiday season. As I drove in tonight I could see the beautiful moon looking down on Meridian and it reminds us that we have come this time of the year to celebrate Thanksgiving and we thank you. We especially thank you for our police and the fact that another felon was subdued without the state policeman being injured is another reason for our thanks tonight. We ask that this holiday season be a safe one, not only for the police, but also for our firemen and for this City Council. As I crafted this prayer this morning I couldn't help but think of many employees who help make our city government hum, from the city clerks, to the planners, to the wastewater folks who turn on the lights and keep us going throughout the day. Soon Meridian City Council Meeting Agenda December 4, 2018 – Page 8 of 445 Meridian City Council November 20, 2018 Page 2 of 74 winter will be upon us. The lights and decorations have started shining on Main Street and this is another reminder that you watch over us also. Watch over us and bless us again as we gather around the table this Thanksgiving for another time of blessing. May we truly be blessed as we honor you that day. In closing I ask you to remember the many homeless people this year that turn to the rescue mission and other agencies and bless them from -- for this time of the year. May they find peace and comfort in Meridian again this year. We thank you for this Council and for the fine work that it continues to do, in Jesus' name, amen. Borton: Thank you, Larry. Woodard: You bet. Item 4: Adoption of Agenda Borton: Item No. 4, adoption of the agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we approve the agenda as published. Milam: Second. Borton: It's moved and seconded to adopt the agenda as published. All those in favor say aye. Thank you. MOTION CARRIED: ALL AYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Borton: Item 5, Future Meeting Topics. Mr. Clerk, anybody signed up? Coles: No signups, Mr. President. Item 6: Proclamation A. Rocky Mountain High School Girls & Boys Soccer - State Champions Borton: That was a quick one. Item No. 6 is a proclamation. Rocky Mountain High School Girls and Boys Soccer State Champions. So, we will come down to the podium and do some proclamations. We are going to start with the girls soccer team. Come on up. Come on up front here. No hiding in the seats. You know, it's a -- it's a good sign for our high school when your proclamations of state championships stack up and pile Meridian City Council Meeting Agenda December 4, 2018 – Page 9 of 445 Meridian City Council November 20, 2018 Page 3 of 74 up. So, we are excited to do this one for Rocky Mountain Girls Soccer Team. Whereas being a Rocky Mountain soccer player is more than scoring goals, making assists, stealing the ball, and achieving a state title. It is training to build leadership, character, confidence, teamwork and resilience, all traits needed to succeed on the field, in the classroom, and in the real world. Whereas for the 2018-2019 season, the Grizzly girls soccer team brought home the second state championship in girls soccer and in school history and whereas the Rocky Mountain girls soccer team never backed down from familiar opponents and took home the Idaho Class 5-A state soccer championship tournament trophy with a victory in a shootout following overtime. And whereas the capturing of the state title builds school spirit and allows these student athletes to walk the halls of Rocky Mountain with a little extra swagger and whereas the leadership, training, and discipline of coaches helped all team members to focus their talents and passions to becoming a winning team, with each player making valuable contributions to their victory. Therefore, I, Joe Borton, on behalf of the Mayor Tammy de Weerd and president of the City Council, do proclaim November 20th, 2018, Rocky Mountain Girls Soccer State Champions Day throughout the City of Meridian and I call upon all the community to join me and the rest of your Council in congratulating the Grizzlies on their remarkable athletic achievement and for representing Meridian so proudly in the state tournament. Congratulations. Kaehler: Thank you. On behalf of Rocky Mountain High School and the girls soccer team I would like to thank the Meridian Council and Mayor de Weerd for this honor and I would like to especially give credit to the girls that participated and brought home the state championship for Rocky Mountain and for the City of Meridian. Thank you very much. Cassidy: My name is Cassidy. I'm a senior and I play center defense or outside D. Oyler: I'm Kelsey Oyler. I'm a sophomore and I play forward. Gieser: I'm Nicole Gieser. I am a junior and I play center back. Wardle: I'm Kasey Wardle, I'm a sophomore and goalkeeper. Wegner: I'm Larisha. I'm a sophomore and I play forward. Jordan: I'm Jordan. I'm a senior and I play forward. Ramon: I'm Kaitlyn Ramon. I'm a senior and I play defense. McGarvey: I'm Bruma McGarvey. I'm a sophomore and I play mid. Andy: I'm Andy. I'm a junior and I play defense. Rickerl: I'm Heather Rickerl. I am a senior and I play center mid. Meridian City Council Meeting Agenda December 4, 2018 – Page 10 of 445 Meridian City Council November 20, 2018 Page 4 of 74 Borton: So, there is probably not a better way to follow up a Rocky Mountain State Championship Proclamation than with a Rocky Mountain State Championship Proclamation. It is my honor to read this proclamation for Rocky Mountain Boys Soccer Team . Whereas being a Rocky Mountain soccer player is more than scoring goals, making assists, stealing the ball and achieving a state title. It, too, is training to build leadership, character, confidence, teamwork and resilience, all traits needed to succeed on the field, in the classroom, and in the real world. Thank you, fellows, for coming forward. Is your coach here? Okay. Good. Whereas Rocky Mountain Grizzly Boys Soccer Team won a regular season, league title, the program's first district crown, the first state title and an academic state championship as well. And whereas through their strong desire to exhibit excellence in all they do, their hard work and effort resulted in an overtime shootout victory to win the Idaho Class 5-A Boys State Soccer Championship Tournament and whereas capturing the state title builds school spirit and allows these student athletes to know that they are champions, something that can never be taken away from them, providing a place in the history of Rocky Mountain High School and whereas the leadership, training and discipline of coaches helped all of these team members to focus their talents and passions to become a winning team, with each player making a valuable contribution to their victory. Therefore, I, Joe Borton, President of the Meridian City Council, on behalf of our Mayor Tammy de Weerd, and the rest of your City Council, do proclaim November 20th, 2018, as Rocky Mountain Boys Soccer State Championship -- Champions Day in the City of Meridian and we call upon our entire community to join all of us in congratulating these fine Grizzlies on their remarkable athletic achievement and for representing Meridian so proudly in the state tournament. Congratulations. Taylor: So, I'm Bill Taylor. I'm the one that's fortunate enough to be able to coach these guys. I want to thank the City Council and Mayor de Weerd for acknowledging the hard work that these guys have put in this year and over the years as most of them are seniors. We had 15 seniors on the team this year, so -- I think we only have two guys who are -- two guys here that aren't seniors, but really appreciate this honor and thank you very much for that. Gavin: I'm Gavin. I'm a senior and I play midfield. Brandon: I'm Brandon. I'm a senior. I play midfield. Christian: I'm Christian. I'm a senior and I played midfield. Also player of the year. Keegan: I'm Keegan. I'm a sophomore and I play outside left. Peter: I'm Peter. I'm a freshman and I play center mid. Pablo: I'm number seven. Senior. And midfield. Brogan: All right. I'm Brogan. I'm a junior and I play center back. Meridian City Council Meeting Agenda December 4, 2018 – Page 11 of 445 Meridian City Council November 20, 2018 Page 5 of 74 Item 7: Consent Agenda [Action Item] A. Approve Minutes of November 7, 2018 City Council Regular Meeting B. Temporary Construction Easement with Christopher and Janice Hendry of 1052 East Sicily Street for the Replacement of a Sewer Service. C. Irrigation Crossing Agreement with the Bureau Of Reclamation at The Sundell Lateral for The South Linder Sewer Trunk Extension. D. Final Plat for Jump Creek No. 3 (H-2018-0113) by Trilogy Idaho, Located on the NW corner of N. Black Cat Rd. and W. McMillan Rd. E. Final Plat for Gondola View Subdivision (H-2018-0116) by West Ada School District No. 2, Located East of. N. Black Cat Rd on the North side of W. Gondola Dr. F. Final Order for TM Crossing No. 3 (H-2018-0114) by SCS Brighton, LLC , Located at the NE corner of I-84 and S . Ten Mile Rd. G. Findings of Fact, Conclusions of Law for Burlingame Subdivision H-2018-0079) by Yuriy Mukha, Located near the NW corner of W. Cherry Ln. and N. Black Cat Rd. H. Findings of Fact, Conclusions of Law for Westbridge Subdivision H-2018-0088) by Jane Suggs, Located at 5745 and 5865 N. Black Cat Rd. I. Development Agreement for Whitecliff Estates Subdivision (H2018-0074) with 943 W. McMillan Road LLC (Owner) and 4345 Linder Road, LLC (Developer) located at 943 W. McMillan Road in the NW 1/4 of Section 36, Township 4N., Range 1W. J. Addendum to Development Agreement for Calderwood Business Park MDA (H2018-0103) with GGR, LLC (Owner/Developer) original DA recorded on May 20, 2015 Instrument No.2015-043235 K. Approval of Contract Amendment No. 9 with EideBailly for Meridian City Council Meeting Agenda December 4, 2018 – Page 12 of 445 Meridian City Council November 20, 2018 Page 6 of 74 Financial Audit Services FY2018 for the Not-to-Exceed amount of 52,300.00. L. AP Invoices for Payment 11/15/18 - $25,481.63 M. AP Invoices for Payment 11/21/18 - $3,125,091.98 Borton: Thank you, C.Jay, for doing that. Item No. 7, the Consent Agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I don't see any changes or additions or removals of the Consent Agenda, so I move we approve the Consent Agenda as published, for the Council President to sign and the Clerk to attest. Milam: Second. Borton: It's been moved and seconded to approve the Consent Agenda as published. Mr. Clerk, will you, please, all roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. Item 8: Items Moved From The Consent Agenda [Action Item] Borton: Item No. 8. There were no items that were moved from the Consent Agenda. Item 9: Action Items A. Continued from November 7, 2018: Request to Provide Water and Sewer Service to Un-annexed Property at 5233 W. Franklin Rd. Borton: Brings us to tonight's Action Items. First item 9-A is a continued hearing from November 7, 2018. It is a request to continue it, perhaps, Caleb, you might open this one off with an explanation. Hood: Sure, Mr. President, Members of the Council. The applicant's representative Becky McKay is here today, but the applicant, the owner of Butte Fence, is actually out of state right now and has requested some additional time to -- I believe the date is December 11 to bring this back before you. That will give us a little bit of time to work together. I know Legal staff this last week did work on a draft agreement for providing Meridian City Council Meeting Agenda December 4, 2018 – Page 13 of 445 Meridian City Council November 20, 2018 Page 7 of 74 water and sewer hookups, but we are hoping to get some updated plans that address some of the concerns related to design and land use, just to make sure we are on the same page with what they are proposing out there is in general conformance with the Comprehensive Plan and some of our codes. So, they are out of town right now is the short answer. So, December 11 th is the request. Borton: Okay. No concern from staff in making that continuance? Hood: No. And, in fact, that's -- we support that. So, again, it gives us some additional time to make sure all the T's are crossed and I's are dotted. Borton: So, December 11th is a workshop. Is that the intent to put it on a workshop or -- Hood: I guess that's your discretion. That's -- that's the date that the applicant -- or the requestor provided to us. So, it -- it's not a public hearing, so you could potentially do it at a workshop, but if the 11th is full or you want to do it another date, that's -- Borton: Council, what's your pleasure? Cavener: Mr. President. I don't have any issues with us having it on a workshop, because there is no public hearing. If the applicant's okay to take a break from their work day to come be in front of us, I'm supportive of that. So, Mr. President, unless there is any opposition, I would move that we continue Item 9-A to December 11th, 2018. Milam: Second. Borton: It's been moved and seconded to continue Item 9-A to December 11th, 2018. All those in favor say aye. Motion passes. December 11th it is. Thanks, Caleb. MOTION CARRIED: ALL AYES. B. Public Hearing Continued from November 7, 2018 for Timber Creek Recycling (H-2018-0042) by 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 Borton: Item No. 9-B is a continued public hearing also from November 7th. This is for H-2018-0042 by Michael Murgoitio and there was conditions that were being drafted. I think, Mr. Nary, we might have you kick this off. Meridian City Council Meeting Agenda December 4, 2018 – Page 14 of 445 Meridian City Council November 20, 2018 Page 8 of 74 Nary: Thank you, Mr. President, Members of the Council. You have in your packets and up on the screen are the DA conditions that we discussed a couple of weeks ago with some modifications based upon the discussions with the applicant, with some of the Council's discussions in the hearings, as well as some of the public. I can walk you through each of them. Again, most of them are similar to what you saw two weeks ago with, again, a few additions that are in red. So, in the first one there has been a lot of discussion on both sides in regards to the time period of this activity that it could occur. So, now the condition that's proposed would put a ten year window for the initial period of operation. The City Council in ten years could, then, re-hear it, reconsider whether the activity could continue, whether we complete it at that point and set an end date or set another date in the future to review it again. So, it at least created some structure of time period to this activity. Number two, the only thing -- and this is my error. It says modify provision 5.2. What you saw two weeks ago was some modification to this. The applicant said really this provision -- the modifications that were proposed two weeks ago dealt with screening of the property with vegetation and landscaping. That's not what this section is about. So, this section doesn't need to be modified at all. So, that modification could be stricken and this is the language that's currently in the existing development agreement. The next one 5.4 and the composting. Again, the discussion previously was that this is already contained in the city code and that the applicant had requested it simply remain as a city code enforcement issue. What was discussed two weeks ago was if we leave it with this language it allows the code enforcement to deal with any concerns or issues or complaints that come up, but also the Council has the authority, through the development agreement, to enforce it as well. So, it gives the city more options and ability to enforce violations or concerns that get addressed and at the time it felt like that was a better avenue for the city to have. The same thing in number four. Same idea. It's already contained in the city code, but also it gives the DA as well as another tool for the city to use as enforcement to make sure that compliance is being done. Number 5. There was a lot of discussion about these other agencies' requirements and there was a lot of conversation on whether or not we were enforcing the requirements or interpreting other agencies' requirements. That's not the intent of this section. What is -- what is intended here is that if this activity becomes out of compliance with any of these other agencies that have oversight authority, whether it be DEQ, EPA , Air Quality Board, Department of Water Resources, that a violation of their requirements can be a violation of this development agreement as well. So, again, it gives the city more ability to make sure that the activity that's being done is in compliance with both our codes, as well as other regulations that are relevant to this operation. Number six. This is one, again, we were talking about the -- the manner of installing the -- some of the screening and landscaping around this particular area and so, again, this is trying to make sure that we have actual landscaping around the recycling area that's being done here, so that way we do have some screening from the adjoining properties. That was the basis of that language here in number six. And, again, it also -- part of the question or issue that came up was when does this have to be done. It does have to -- what's intended is it has to be installed prior to the beginning of the tier two level of recycling, but recognize in all of installations when we have these on any one, obviously, they don't immediately occur, but what we are trying to get at is make sure that we were having, you know, an actual installed buffer being done before Meridian City Council Meeting Agenda December 4, 2018 – Page 15 of 445 Meridian City Council November 20, 2018 Page 9 of 74 this starts to the next level. Number seven was a lot of conversation about both the dustless material and where it should be the most appropriate. That's what 6.5.6 is about, where the dustless material needs to be around the recycle area and the retail area of this facility. The other stuff that was originally going to be deleted, because it felt that we were going to have paved area, then, we wouldn't need all of that. Most of the discussion about the water was related not just to dust abatement, but also to fire suppression. So, we left that part in so there was still a requirement for the water abatement, as well as fire suppression and that there are alternative ways of, again, creating a dustless surface with a variety of different types of treatments that don't all require paving, but do create a less dusty environment. Number eight, again because it's now captured in number one, number eight isn't necessary anymore. This was the sunset provision, changing some of the language in that one. The pond. There was a lot of conversation that most of the pond here is runoff, it's not intended as a standing water pond. It still does require under our UDC to make sure that it doesn't remain as a mosquito breeding area, but it can be abated through drainage, through other means, through evaporation, it doesn't always have to be -- you know, again, you want to treat ponds with aeriation when they are standing 24/7 throughout the year. That's not the intent here, it just -- again, our code requires at least you make sure they don't become a mosquito breeding area. The next area was about equipment and there were some mix up between equipment regarding vehicles versus equipment and there was a lot of discussion on the prohibition as it was currently drafted two weeks ago may have been interpreted to prohibit any types of vehicles on the property. That clearly wasn't the intent of the city. It was trying to narrow the focus to, again, this is equipment related to the recycling in the recycling area of the property and, again, not within abutting residential districts of the city. The next area. This one -- again, part of this solid waste provision is already in our code, so there are things that may be applicable to the site, but also some of the material that is used for recycling is related to this type of material, so it's not trying to -- it's trying to make sure we don't mix up the two, because, obviously, some of the material that you would create to create composting can be considered waste in other context. So, obviously, we are going to regulate the activity on there and not prohibit it from -- through another code section. One of the questions in number -- the next provision, number 12, the -- clearly burning and incinerating is not going to be allowed. One of the issues that came up on burying them. Is it -- again, you're talking about composting material, which you, then, apply to the ground. So, we didn't necessarily want to prohibit that activity, but we did -- what this area of their code deals with is burying garbage and we are not talking about garbage. We are talking about compost. So, we wanted to try to separate those two concepts from that. And, then, number 13 was captured in the previous number -- I think it's five. Yeah. Number five. So, number 13 there was captured in number five. So, it was repetitive. So, we took that out. All the other requirements below, again, in this note were required in number five. So, again, they seemed repetitive. So, I did prepare this, send this to the applicant. They are in agreement with all of these conditions. Again, this is all -- or tonight for the public that's here as well was to discuss these conditions only. If the Council wants to modify these conditions you certainly can. If you want to add more, delete more, whatever you wish to do and, then, our expectation, once we have finality on the conditions, is, then, we will bring back a final document that has all the findings of Meridian City Council Meeting Agenda December 4, 2018 – Page 16 of 445 Meridian City Council November 20, 2018 Page 10 of 74 facts, conclusions of law, conditions all contained in one document for approval at a future meeting. So, is there questions? Borton: Thank you, Mr. Nary. Council, any questions of Legal? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: The -- the only -- the only question that I had -- I think it all looks great, but it's the same quasi concern that I had at the last meeting was in number four when it spoke about -- if you can go to number four. I think there is a -- there is a sentence in there that's somewhat redundant. It says recycled materials, comma, both before and after processing, comma, may be stored on the recycling property and I think there should be a period there, because -- and on the balance of the property and so I think that and the balance of the property can be somewhat confusing as -- you know, as it relates to all of the property that exists in that area. So, if -- they are covered right where it says on the recycling property. If that's all they are wanting -- if that's the property we are talking about, then, there shouldn't be a need for a balance of anything else. I just think that causes a little bit of confusion. Nary: Mr. President, Members of the Council, Council Member Bernt, probably the one provision of that that we may want to capture separately is after processing, because after you process the material and now you have created compost, you're going to use it on other portions of your property. You don't want it all stored in one location for dissemination if you are going to use it. So, we -- I mean in the application can clarify that, because that's fine. That was my understanding from the discussion. So, we may want to separate the prior to post recycling as to where it can be stored on the property. Maybe that's the -- Bernt: I -- and I don't have any problem with Mr. Murgoitio using, you know, his compost to use on -- you know, with his farming at all. I mean I think that's completely -- that's what they have been doing for years and years and years and I don't -- I don't think that there is anyone in this room that has any issue with that at all. It's just the storage of it outside the bounds of what -- what we are talking about. I just think that's just a hair confusing. So, if we can fix that nothing -- other than that I think we are -- I think we are good. Borton: Council, any other questions before we start the public hearing. No? Chief Lavey? Chief Butterfield, anything you have to add at this point? Just giving you a shot. Lavey: You don't want to hear from me. Borton: Okay. Meridian City Council Meeting Agenda December 4, 2018 – Page 17 of 445 Meridian City Council November 20, 2018 Page 11 of 74 Lavey: I have nothing to add. Borton: Okay. We appreciate your brevity. Okay. anything from fire? Okay. Well, we will begin the public hearing with signups. Mr. Clerk. Oh, the applicant. Good Lord. Would the applicant please come forward. Thanks for being here tonight. Appreciate it. Cranny: Council Members, thank you for having us again tonight. It's a pleasure to be before you. At the onset I want to say thank you for your time. I'm glad we could come back for you with these conditions. We worked with staff and we came to middle ground very readily. I mean we combined the two conditions and it took us a matter of e-mails. I mean we were that close. So, we, you know, unfortunately, couldn't reach that point before the last Council meeting, but we are glad you gave us the time to finalize that and get back together. Council Member Bernt, on your point, yes, we did talk last week -- or last Council meeting to two weeks ago about the -- where to store it and Timber Creek is in agreement that the pre-processed material will not be stored outside of the recycling property. That was your concern; correct? Bernt: That's it. Cranny: That's it. Timber Creek is fully in agreement with that and if we need to tweak the language of the conditions to reflect that we will tweak it. We are happy with that condition. Outside of that we have reviewed -- or Timber Creek has reviewed and approved the conditions with that minor tweak and is looking forward to proceeding. One other issue Timber Creek asked me to bring up tonight. Timber Creek recently had code enforcement out at his property. A complaint was filed that there are leaves that are being stacked outside of the recycling -- recycling property. These leaves are not intended to be processed commercially, they will be ground up and applied to the soil. These are pure agricultural use. So, we are to navigate the fine line we differentiated last time. So, these will be processed and be used as soil amendment, nothing more. They won't be composted. They won't be processed outside or sold. These are just going to be ground up and put in soil for soil amendment. So, just want to catch that, because we do recognize that was a big concern at the last meeting and I want to reflect that we are -- Timber Creek is complying with that intent and is moving ahead with that intent and with that we are looking forward to moving ahead. Any questions? Borton: Council, any questions? I have one brief one. Cranny: Yes. Borton: On that Section 4.8 with regards to the ten years, do you read it as at the end of the ten years that the use stops unless action is taken to continue, as opposed to action being taken to cease the use? Cranny: I interpret it to mean we come to you and you tell us what happens. Meridian City Council Meeting Agenda December 4, 2018 – Page 18 of 445 Meridian City Council November 20, 2018 Page 12 of 74 Borton: And absent of that the use would end. It would expire automatically? That's how I read it. Cranny: I -- I haven't -- I haven't considered it in that light, but if that's what Council wants, we are happy with that. Borton: Okay. And the reason I ask is just for that clarity when we are not around here if that -- Cranny: You don't want to have us delinquent and, then, it falls through the cracks. We understand. We want to make sure this -- everyone's happy and that you're happy with that. So, if we need to make a small tweak to that language to make it reflect that, we are amenable to that change. Borton: Okay. Thank you. Mr. Nary, any questions, concerns with that? Nary: No. We can make that change. Borton: Okay. Cranny: I mean let's make it abundantly clear. That's great. Borton: Perfect. Thank you. Cranny: Thank you very much. Borton: Mr. Clerk. Coles: Thank you, Mr. President. The first Vicki Reynolds. Invite her to the podium. Borton: Thank you, Vicki, for being here tonight. Reynolds: Good evening. My name is Vicki Reynolds. I am residing at 7838 South Tranquility Lane, Meridian, Idaho. The -- my property backs up onto the pastures of Mr. Murgoitio and I, too, have the exact same questions as Councilman Bernt. My major concern tonight is that section four. It says on the balance of the property, which is the property right next to my house and impacts the value of my house if it's allowed to continue on to that. As to the leaves that he's just referred to a moment ago, I believe there is pictures somewhere, if you can put that up for me. You wil l have to rotate it. Sorry. Don't you just love it. It doesn't want to let you rotate it, does it? Okay. I will tell you -- yeah. Look at it a little bit like this if you went, please, and you can see these leaves and the other material up there. It's in the same line as the recycling material. Here are the trucks dumping it. I want to encourage you to follow up with Councilman Bernt's concerns and to make sure that it's very clear where that recycling is taking place and where the farming is taking place. This -- he says is the farming recycling -- or not recycling, but it's not real clear in this document how we tell that and that is very Meridian City Council Meeting Agenda December 4, 2018 – Page 19 of 445 Meridian City Council November 20, 2018 Page 13 of 74 disturbing at this point. Moving on to the section that has the landscaping information on it. I think it's section six'ish. Last week or two weeks ago we talked about the area that he would be building the berms and that sort of thing and I did notice that -- I can't quite tell and so I would ask you -- staff, whoever, to look at that and make sure that as you're looking west, as well as on Locust Grove and on this edge of his property there on Columbia, that we also have that west berm covered, again, because of that very picture I just showed you as you're coming up -- as I'm trying to sell my house that's what they are going to look at. And, then, let's see, on the very last page where it talks about the equipment and that they were afraid it would impact their farming because of some of the wording in this, I would ask that a lot of it be left in, because I think that's exactly what we are trying to do is to control some of that -- or at least be able to minimize any impact. I think that would be everything that I have for tonight. If you have any questions. Borton: Thank you, Vicki. Council, any questions? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Vicki, your first point about trying to deviate or separate recycling materials versus what's going to be used on the property -- Reynolds: Uh-huh. Cavener: -- in your mind what -- what does that look like to you? What -- what is it that you would like to see? Reynolds: Okay. The materials that he's used in the past in last spring and all summer long he was putting amendment -- amendment on that pasture land, if you want to bring up that -- the bigger picture of the property -- the map of the property. Okay. You need to pull it to the west to see my property. Yeah. Move it over a little bit. Okay. The area here that is his recycling area, then over here all summer he's been putting amendment on it and it looks like manure. It smells like manure. It's farming amendment to his property. Go for it. What he has on there right now that was in that picture that I just showed you is raw leaves is what's being readied to process to make the compost. So, to me he is outside of his boundaries with the raw materials, because the leaves are what his raw materials are made of to -- to make the compost. Do you see where I'm going? Cavener: Mr. President? Borton: Mr. Cavener. Meridian City Council Meeting Agenda December 4, 2018 – Page 20 of 445 Meridian City Council November 20, 2018 Page 14 of 74 Cavener: Vicki, I'm sorry, I don't. If -- if he -- if he's going to ground up the leaves and use them on his land, then, isn't that what he's using for his property and wouldn't that be acceptable? Reynolds: Once -- once it's ground go for it. But my fear is that he is beginning to put raw materials into the area of the pivot line, instead of what is considered processed amending materials. Did that help? Cavener: It does. Mr. President. I'm not confused as to that particular piece. I guess I'm -- what I was hoping to get from you as from your perspective what you would like to see done to be able to -- for you to have confidence that those -- that they're going to be separated. Reynolds: Okay. In this amended DA I would like it to say very clearly the difference between the recycling property and the farming property and the thing is that we keep coming back to this -- well, I'm going to be using it on my farming property. Well, maybe the way to deal with this -- and I'm just throwing this out here -- is everywhere it says property in here it needs to say recycling property. He needs to keep all this stuff on his recycling property. There is a couple places -- like in number four that Councilman Bernt pointed out where it says -- and the rest of the property, which could be interpreted to be on his farming property. Cavener: Okay. Thank you. I appreciate that. Coles: Kathleen Britt. Borton: Thanks for being here tonight. Britt: Thank you. Borton: If you could start with your name and your address, please. Britt: My name is Kathleen Britt and I live at 8250 South Jardine Lane in Meridian. Zip code 83642. So, I found myself in a quandary tonight signing up for whether I'm for or against, so let me state my position. I'm for provisions to the extent that they move us towards the required CUP to provide protections and I'm against anything that falls short of that. I feel like here we all are again -- yet again tonight for another hearing to consider yet another set of new conditions and provisions. We keep showing up, everyone keeps talking, we keep on taking apparently endless runs at indefinite set of options seemingly before us for some goal that seems to have been lost sight of. Regarding the new conditions and provisions for tonight, let me say they still do not bear any resemblance to your Comprehensive Plan. They are still not in compliance with the city's code, zoning ordinances, and Idaho laws. The Council continues to ask for its own experts to make recommendations and, then, continues to disregard those and ditto for the public input. So, I guess I'm curious as to what is the goal. Even more importantly why wouldn't -- why wouldn't the city follow the legal path to accomplish that Meridian City Council Meeting Agenda December 4, 2018 – Page 21 of 445 Meridian City Council November 20, 2018 Page 15 of 74 goal -- if you want to put this dump in place and you want to manage all that's going to follow, why would you not at least take the path that provides the most protections for everyone involved and that path is the path of a CUP. Why are you insisting on trying to write your own? So, I intend personally to support any and all steps to get a court to look at this entire process. I will skip my next sentence. If you're going to persist until -- that such time, then, tonight I'm standing for a CUP that will put correct provisions, conditions, protections and enforcement's in place. I do apologize. I don't know if voting is still ongoing -- I believe it is, but I would like to go on record also to state that there still have been no disclosures regarding ex-parte relationships and conflict of interest by the City Council members. It's my opinion that there are members sitting on the Council tonight that have been less than transparent and even misleading and even when directly asked. Furthermore, the question still holds for Mr. Cavener regarding his earlier statements that he had received contributions and apparently on the advice of counsel he's refusing to provide details on that. I think his counsel is here tonight. So, I would like to have it be on record that -- that those questions are still being raised again. Thank you. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I mean multiple times this has been brought up, but I'm more than -- I mean my name was brought up last time, Councilman Cavener tonight. I don't know any of us who are hiding any information. I'm happy to answer any kind of question about any ex- parte accusations that there may be out there. We are accused of being silent on them, but I'm asking for what am I accused of, so that I can tell you what happened. Yeah. Do you have something about me that I can answer? And, then, maybe anybody else. Britt: I -- I think -- I could be mistaken with due respect and trust issues -- I think the duty to disclose is on you guys. It's not on us to bring them up to you. The issues that we are aware of have been ongoing, they have been repetitive and we found them fairly memorable. So, I don't think it would be an, oh, gosh, that little detail just slipped my mind. So, respectfully, I think that ball is in your court. I just -- I'm bringing it up not so much to discuss it, because I want it on record. So, that's -- I didn't -- I didn't come prepared, so I'm not going to wing it with regards to what those are, but I do want it on record that -- that nothing else has been brought up about that. So, that was my goal. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: And I agree, if there was any kind of a conflict that we should absolutely bring it up and I believe that we haven't brought any up because there are no conflicts. The only one that had been brought up was somebody said that I was Facebook friends with Mr. Murgoitio. I -- I ran into him once at a birthday party and I'm Facebook friends with hundreds of people in the city that I have never met before, but if there is any other Meridian City Council Meeting Agenda December 4, 2018 – Page 22 of 445 Meridian City Council November 20, 2018 Page 16 of 74 specifics -- I mean you're saying you're not prepared for it, you said they are memorable -- Britt: Well, it's not my duty -- it's not my duty, Mr. Palmer. It's your duty. It's your duty to disclose. Palmer: Are you -- Britt: Not you personally, it's you -- every member that's sitting up there, it's your duty to disclose. It's not my duty to bring it up. Palmer: Mr. President? Borton: Mr. Palmer. Britt: So, if you have a clear conscience, then, you probably don't. Palmer: Ma'am, I'm happy to tell you that I have had no ex-parte communications or relationship or business or contributions or anything that has anything to do with this application or the applicant. Is that satisfactory to yourself? Britt: I appreciate your comment for the record. Thank you. Palmer: Thank you. Britt: Okay. Anybody else? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I think at the first public hearing this concern, Mrs. Britt, was -- was raised about who we know and -- and I was quick to say that I consider Mr. Murgoitio a friend and I think that he may very well consider me a friend as well. I think that, again, I'm happy to say here since this project began, aside from bumping into Mr. Murgoitio at a fundraiser to say, hi, it's nice to see you, we don't think we have had any communication. I rarely speak for this body, because I think it's important that we each speak for ourselves, but I do feel really confident that we believe in the process and doing what's right for all of our citizens and our public gains nothing by trying to be sneaky or try and pull the wool over the public's eyes. Again, we are -- we are citizens. Britt: Can you provide the details about the contribution that you referenced earlier? Cavener: So -- Britt: Who made it, how much, when, and under what name? Meridian City Council Meeting Agenda December 4, 2018 – Page 23 of 445 Meridian City Council November 20, 2018 Page 17 of 74 Cavener: So, again, all of -- all of my campaign finances is all on -- again, we as councilmen, we are all required to provide those forms and so -- Britt: You indicated -- I'm just trying to explain you indicated -- Borton: Hold on one sec. One sec. Britt: Okay. Borton: I don't mean to cut you off. Britt: Okay. Borton: But you can finish your statement then -- we don't talk over each other. Britt: Okay. Borton: Thank you. Britt: Fair enough. Cavener: So, all -- all -- the way an election works -- and there is different reporting periods where you have to provide an accounting of all of the donations that you have received. I believe over 50 dollars. Nary: Yes. Cavener: So, we report all of that and what's great about the way Idaho elections are, is that's all available to the public before election day and then -- and there is a reporting period afterwards where you provide all of the information to our city clerk and -- correct. In an annual report. So, all of that information is -- is on the website and so, again, Mrs. Britt, you're welcome to pull up all of our campaign disclosures at any point in time. I don't have any -- anything to hide about, because, again, I think we all try to be at the forefront with this and we -- we gain nothing by trying to skirt the law. Nobody's trying to do that. We are trying to provide all of that information to the public. So, I don't think at any point in time I have said I'm not going to tell you. You -- you said I have been advised by counsel. I don't think I have had any conversations with legal. The only scenario that comes to mind is there was somebody who was somewhat aggressive in messaging me on a Facebook message, saying I need to do all these things for them after I initially was providing them information, when it was clear they weren't wanting to have a discussion, but were wanting to needle and I think what the kids called trolling me online and I wasn't in the interest of having an argument online with somebody. I'm always happy to have a very respectful conversation, a neighborly conversation with anyone who wants to reach out to me. Again, everybody up here knows -- and many people here in the audience knows I share my personal cell phone number everywhere I turn. If you e-mail me I respond in kind with my cell phone number, because I want to have the conversation with you, but I'm not going to allow people to denigrate the Meridian City Council Meeting Agenda December 4, 2018 – Page 24 of 445 Meridian City Council November 20, 2018 Page 18 of 74 Council or question my integrity without willingness to provide any information and so Council Member Palmer I think very respectfully asked if there is something that -- that you or any of this body thinks that we have done, again, I think we owe it to the public to not hide behind the shadows and say this is what we think the Council has done and -- and -- and I say that, that if I have committed an ethics issue or a crime, I want to be held accountable for it. Britt: Okay. Is it my turn yet? Nary: Mr. President? Borton: Mr. Nary. Nary: Mr. President. Maybe I can help answer at least some of the questions you raise, ma'am. The law requires, as Councilman Cavener just stated, reporting of all -- of all donations -- all in kind donations, all cash donations of any kind that any elected official receives. That's where the reporting -- it's not reported at a council meeting, it's not reported in other places, that's where we report it. It goes to the Secretary of State. That's what the law requires. It doesn't require another reporting of it in a future time. It only requires that you report it there. Now, many of these Council Members have reported in addition to that, but that's the legal notice that is required that they have done. Not reporting it again isn't a violation of anything. Receiving campaign donations does not prohibit an elected official -- any elected official from hearing of matter before them by a person who may have provided a donation, because, again, the law presumes they have reported it, they have put it on the record. If the individual believes because of that relationship that they cannot be fair and cannot hear both sides of the issue, it is up to them individually to make that decision. But the law does not prohibit anyone from receiving a campaign donation and, then, hearing a matter before them by an applicant who may have provided a donation to them and rendering a decision. So, none of those things are ethics violations and none of those things are reporting violations. So, I wanted to make that clear, because that's the inference that you left, whether that was your intention or not, and those are simply not true. Britt: Okay. So, I would just like to clarify that the reason I'm raising the issue is this question was asked of the Council regarding relationships and contributions a couple of hearings ago. The answer was not given at that time, it was given after public testimony was closed, so there were no questions and Mr. Cavener revealed that he had received a contribution from the Murgoitios. I contacted the city clerk for the public records information and there wasn't anything on there from the Murgoitios. So, I'm simply wanting to know what was the donation that Mr. Cavener was referring to and, Mr. Cavener, at the city clerk's recommendation, I followed up with an e-mail to you. It was not on Facebook. It was an e-mail. It was not aggressive -- Cavener: Okay. Meridian City Council Meeting Agenda December 4, 2018 – Page 25 of 445 Meridian City Council November 20, 2018 Page 19 of 74 Britt: -- in my opinion, it was simply asking you for the details about the contribution that you brought up. So, appropriate or not, we weren't allowed the opportunity, because you guys disclosed after public testimony was closed. So, I -- you can answer it or not, I want it on the public record. That's what my goal was. So -- and you did, by the way, respond to me with the response that on the advice of counsel you are not going to respond to it, because it was an ongoing hearing related to this dump, which I also have a hard time understanding that connection, but that is what you told me. So, that's -- that's -- I'm not intending to have an argument here, I simply want it on public record. If there is something else you want to say or ask me -- and I appreciate the education, but that's -- that's what I'm trying to do. That's all. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I don't know if there was -- there was a question in there, but, again, all -- one hundred percent of all of my campaign donations are on the city website available for all the public to see. Again, I volunteered that in the meeting because we were asked. I didn't have to, but you asked and I thought that it was worth it and it -- it sounds like that you and I had an e-mail correspondence and maybe I'm confusing you with another person who was very aggressive in an e-mail. I take it upon myself to respond to every message that I receive and so that sometimes is in the hundreds. When there is a large development that is sometimes in the thousands and so you will have to apologize if I'm confusing you with somebody else or confusing it with -- with another piece of correspondence that we received. Britt: Well, then, given the opportunity -- Cavener: And I responded -- if -- if I'm remembering our conversation correctly, I believe -- I think that you were trying to reach out to the county clerks on this. I mean I think your information that you were providing to me wasn't necessarily accurate and I was trying to work really, really hard to provide some clarification to you and without having the e-mail in front of me it's hard to refer to that, but, again, every -- a hundred percent of my campaign contributions, as well as all my expenses, are on the city website for people to review. So, I stand by what I said then. I stand by what I have said now is that I reported a hundred percent of my contributions and I wouldn't have volunteered that when I didn't have to if it wasn't accurate. Britt: Would you be able to understand why we're confused, since you said you got one from the Murgoitios and there is nothing under the name of Murgoitio on there? Would you understand why we would have a question about that? Or would you be able to provide that information after you look back at it? Borton: So, maybe I can -- there is a lot of the same thing being said. I understand -- I understand the response, but -- but for the sake of moving the public hearing along, any -- any contribution that Mr. Cavener has received is on the public record -- Meridian City Council Meeting Agenda December 4, 2018 – Page 26 of 445 Meridian City Council November 20, 2018 Page 20 of 74 Britt: Okay. Borton: -- already as today. Britt: All right. Thank you. Cavener: Thanks. Borton: Thank you. Mr. Bernt. Bernt: Just -- just to respond as well. I haven't -- I haven't responded at all to a couple weeks ago in regard to the ex-parte situation. I don't have any ex-parte -- wasn't involved at all in the ex-parte situation, any conversation with the Murgoitios at all. I do respect why that isn't -- it's very important as relates to land use and public hearings and so just wanted to make that -- with respect your -- your question and on the public record, just to say that I haven't been involved with that at all. One last thing, though -- and I have said it a lot and I echo what Mr. Cavener said, anytime anyone wants to get a hold of me -- cell phone 208-409-7400. Feel free to call me anytime. My e-mail address is tburnt@meridiancity.org. Feel free to e-mail me anytime. I -- I believe in full transparency at all times and I appreciate the public wanting that transparency as well. I expect that of my public, you know, elected officials as well. So, feel free anytime, anyplace. If you want to meet for coffee or lunch or whatever, would love to do so. Borton: Thank you, Mr. Bernt. Any other -- I have had no communications either. Nothing ex-parte, so -- any other comments? Little Roberts: Mr. President? Borton: Yes. Little Roberts: While we are at it, I am -- I am Facebook friends with several Murgoitio family, but, yes, I have had no ex-parte conversations or any type of communication directly. Milam: Mr. President? Borton: Mrs. Milam. Milam: I guess we are doing this again. I thought we did this a couple weeks ago. I am Facebook friends with Mike Murgoitio and I have not had any ex-parte communications. I have known him through work at the city. I have been out there to tour the facility, but prior to this ever being an issue. I think that all of us over disclose on a regular basis and it's -- yeah, being told that we are lying if any -- without any basis to go on is a little hurtful. So, we disclose and we don't even need to and -- and -- or withdraw. So -- anyway. Meridian City Council Meeting Agenda December 4, 2018 – Page 27 of 445 Meridian City Council November 20, 2018 Page 21 of 74 Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Just one additional comment. City Council is a two way street; right? The public elects us. We serve at their pleasure and it's natural for members of the media here to be a watchdog, to pay attention to the Council -- what the Council is doing in case you're not here on a weekly basis and -- and, honestly, I appreciate a skeptical public. Hold us accountable. If -- if we are -- if we are doing something wrong share it with the clerk, share it with the media, share it with us if you feel comfortable and allow us to respond. I believe this Council works really, really hard to do the right thing and to Council Member Milam's point, really tries to over disclose, because like many of you we are citizens and would expect the same of our elected officials. So, Council Member Bernt's point, happy to meet with you to address it personally or however you see fit. Borton: Thank you. Mr. Clerk, we will continue the public hearing. Coles: Very good, Mr. President. Next on the list is Patty Hagler. Thank you, Patty, for coming tonight. Please start with your name and your address. Hagler: Yes. P atty Hagler. 7200 South Locust Grove, Meridian. Mike has made comments at neighborhood meetings and in this hearing that he is willing to do whatever is needed to mitigate the neighbors' concerns. However, this proposal is not consistent with that. Much of the staff language that was in the recommendation of the original proposal has been either changed or deleted. He's really unwilling to abide by a termination date and I appreciate your asking for that to be an automatic date. He really wants it to be open ended, which is why he keeps having the renewal language -- as we discussed at the last hearing, the Murgoitios already have control of the residential development within a thousand feet and they can only terminate that industrial operation. He is unwilling to surface all of the driving areas with dustless material. He has added in there that's only going to be the entrance surfaces now. He removed the language to assure that waste wouldn't be blown, washed, or carried to adjacent properties. He's only willing to set back equipment 300 feet from the residential property that is in the City of Meridian. Again, that's the Murgoitios. So, another tactic gives them complete control. In fact, the single proposed -- clearly exposes Mike's intent that drives all of his actions to date and will drive all of this future actions. He doesn't respect the rights of any other property owners, nor does he respect the planning and zoning code of Meridian city. That is why there is no way to avoid conflict if Mike is allowed to continue this operation. He believes he has the right to have complete control of the entire residential area and to operate however he chooses to maximize his income. He is unwilling to agree to not bury trash. As you have seen on the picture -- could we have the picture of the trash trucks, please? As you see on the picture, we have got trash trucks emptying waste in the middle of an open field, which is outside of the recycling property and I agree that this has to be defined as all pre- processing and post-processing material has to be stored on the recycling property. Meridian City Council Meeting Agenda December 4, 2018 – Page 28 of 445 Meridian City Council November 20, 2018 Page 22 of 74 Otherwise, this is just an open ended conflict thing again where anytime he wants to do this he just says, oh, this is for my farm. Well, who is ever going to monitor that or check it? Who is ever going to know? The landscaping proposal that he proposed is really just a facade to appear that he's concerned about visual and noise pollution. There is no way any landscaping can be dense enough year round or tall enough to block the view of his huge trash piles on a hill that's above the roads or to mitigate the industrial noise that rattles pictures on the walls of the neighbors. He removed the language that screens the view of these huge trash piles. So, now he's not willing to screen and block that view. He completely removed that language in this version and also now we are going to wait to install any noise mitigating landscaping until he gets to the tier two permit. So, in the process of doing that -- I don't know how long that's going to take, but he doesn't have any noise mitigation. One property owner doesn't have the right to override the rights of the other hundreds of other property owners. Please do not approve this without sufficient conditions to mitigate all of the pollution of the environment. Thank you. Borton: Thank you very much. Council, any questions? Mr. Clerk. Coles: Josh Leonard is next. Borton: Good evening. Please state your name and your address for the record. Leonard: Absolutely. Before I -- before I start, Mr. Council President, I represent several of the people in the audience and would ask for the ten minutes that's afforded. I can give you names of those individuals if you -- if you would like to mark that, so that they don't double testify. Borton: No. I -- we -- we trust you. You represent -- Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Is it possible to get a show of hands of who -- okay. Borton: Council, any concern with that? Cavener: No concerns. Just looking for an idea. Thanks. Leonard: Thank you. My name is Joshua Leonard of Brian Webb Legal. We are at 972 East Dwindling Creek Drive in Eagle. 83616. With all due respect, this process is something unlike I have ever seen before. It's off the rails and it's because there is a process in city code to make this happen and that's called a conditional use -- conditional use permit. In fact, you don't even -- we are talking about conditions today. You don't need to add a conditional use permit as a condition to the development agreement, because it's already a condition in city code. I understand -- and with all due respect to legal counsel, I understand that this is how the city's done it in the past Meridian City Council Meeting Agenda December 4, 2018 – Page 29 of 445 Meridian City Council November 20, 2018 Page 23 of 74 and has always done it, but that's not what it says in city code and it -- and the people of Meridian can't be expected to watch every one of these meetings and determine how this has been done in the past to know how to do it this time. What they can be expected to do is go and read city code and in city code it says the only way to expand or extend a prior non-conforming use is with a conditional use permit. One of the best reasons to require a conditional use permit is because there is no negotiation with an applicant. It's -- it's if you want to expand your otherwise illegal use, you do these certain things and we will give it to you. I thought it was really interesting going through applicant's counsel's memo back to the -- back to the City Council. As to the -- the first new condition, applicant opposes. As to the third new condition. Applicant questions. As to the second -- or the fourth new condition. Applicant objects. As to the fifth. Applicant objects. As to number seven. Applicant is opposed. As to number eight. Applicant objects. As to number nine. Applicant objects. As the number ten. Applicant objects. If this is so objectionable what's in city code, the applicant shouldn't be doing this in a residential zone. Period. If he wants to do it he complies with the conditions. Otherwise, there is no way for him to do this legally. A DA -- a development agreement is a contract between the -- the applicant and the city. That's all it is. It's a contract. And by amending the terms of that contract it doesn't change what city code says. You can't contract out of -- of obeying the law. It is required that the applicant get a conditional use permit and that it includes the conditions that I put in my memo prior to the last public hearing. What I would love to have happen today is for somebody to stand up -- hopefully staff and say, you know what, we have done this the wrong way. Let's go back and let's get -- let's require a CUP like we are required to in city code. If that doesn't happen, it's my belief that we are going to be back here in six months after a judge tells us that you're required to get a conditional use permit at great expense to all the parties involved, at great loss of time and just the uncertainty of all of the part -- of all of the neighbors while the applicant grows his business and -- and wastes money growing a business that it's my belief will -- will at the end of the day be required to obtain a conditional use permit, instead of a freestyle and free flowing negotiation with the applicant where he can object to the conditions that are contained in city code. This should have been -- if you want to do this here are the conditions. Conditions are not required -- or, excuse me, are not intended to make the law less stringent. The zoning law for this property is residential, not industrial, and it's not intended for heavy industrial uses. For the applicant to bring a heavy industrial use onto this property he needs to meet these conditions. I'm going to go through a couple of the conditions just really quickly. The hard deadline that was -- that was put forward was objected to by the applicant, because -- because in the applicant's memo he said Council already indicated that they will allow -- would allow this without a hard deadline. That's a terrible reason not to reconsider. In fact, the Council did reconsider. They made a motion, it was seconded, and it was approved. That's why we are here because of that reconsideration. As to proposed number three in the -- in the opposing counsel's memo. The applicant cited -- and this is with regard to compost piles being maintained on residential property. Applicant cited to a section of city code 4-1-10A2 to say that compost piles may be maintained on any property in the City of Meridian, so long as the piles do not create a nuisance condition. Applicant's reliance on this section is misplaced. This section applies to residential and personal compost piles. If any one of Meridian City Council Meeting Agenda December 4, 2018 – Page 30 of 445 Meridian City Council November 20, 2018 Page 24 of 74 the applicant's piles was moved onto a lot in Bridgetower or in Paramount, it's a nuisance per se. It is a nuisance and -- and just because it happens to be on this property doesn't make it any less so. Borton: Josh? Leonard: Yeah . Borton: If I could interrupt real quick. Leonard: Can we stop my time? Borton: Are you -- are you focused on the conditions and the position of the parties back during that letter, as opposed to the position of the parties or at least of the applicant today with what's on the screen? Leonard: Uh-huh. A little bit, but I will tell you with what's -- with what's on the screen -- and I'm going to -- definitely I'm going to get there in talking through these -- these different things, there is what I saw and what's on the screen it is caving to the applicant in a lot of different ways and I will start going through those. The first of which is it's a hard deadline, but not a hard deadline. It allows the city to -- at the end of ten years consider whether or not to continue it. Interestingly, there are two different provisions that govern the city's ability to review this use. One is after the initial period, this ten years, and one is after the first renewal period, presuming that there would be a renewal period. At the end of the -- the initial period it doesn't say that the city can adjust or modify any of the conditions. At the end of the second -- or at the end of the renewal period it says: And the city may adjust or -- or -- or modify or add or delete any of the conditions. Without that there after the first one I don't know that the city has authority because of this contract to adjust any of those conditions at the end of the initial period. With regard to paving and dust abatement, I'm going to come back to landscaping in a moment, I believe, but with regard to dust abatement, which requires driving surfaces -- because this is a heavy industrial use in a residential area it requires all driving areas to be -- to be paved or at least coated or covered or surfaced. The applicant cited to 11 -- 11 -3-C-5-B1, which regard -- which is with regard to commercial areas, not heavy industrial in -- in a residential area. I'm going to jump for just a second to -- to the 300 foot radius. The concern here is twofold. The first and biggest concern is that this provision would do exactly what all of the neighbors feared it would and that is it only applies to residential property. It only restricts the applicant's use of these industrial implements if they are within 300 feet of a residential area that's within the City of Meridian. That's not what code says. Code doesn't qualify it by being within the City of Meridian. Code says any residentially zoned area period. Or zone. It doesn't have -- it doesn't reflect that it just applies to citizens of Meridian. I also want to speak just really quickly about the argument or the contention that use of compost for farming or the use of farming vehicles on property might be somehow caught up in this development agreement. This development agreement and what should be a conditional use permit only apply to uses that aren't allowed as a matter of right on the property. Farming, Meridian City Council Meeting Agenda December 4, 2018 – Page 31 of 445 Meridian City Council November 20, 2018 Page 25 of 74 agricultural uses, vehicles on the property, use of the compost for farming, none of that would be restricted even if it expressly said so in the development agreement, it wouldn't be restricted, because it's already allowed as a matter of right. It's -- it's not the subject. The heavy industrial use is the subject of the development agreement. So, when we take out things from -- from the development agreement that affect -- that have a chain reaction and affect other things, there is no basis to do that in the first place. Farming, composting for personal use and for farming use aren't uncovered and aren't restricted in the development agreement. They are allowed outside of that entirely. I want to jump to the leaves situation for just a second. So, I was out there yesterday and I -- I witness these piles of leaves in these giant bags. It looks like Boise city may have done their annual Rake Up Boise or whatever. I can't remember what it's called. But this is a perfect example of why the development agreement and a conditional use permit need to be extremely tight and well written. It's because the applicant will continue to use his farming operation and his agricultural operation to leverage his commercial operation and to excuse what he's doing on his commercial operation. These are not leaves from the applicant's trees and the applicant's friends' trees, these are delivered in huge Republic trash trucks. These are not just -- just tiny little piles. These are long strings of dump after dump of piles. I also -- I also just really quickly -- I have only got about a minute left. A couple of additional objections. And I appreciate the back and forth with -- with Mrs. Britt about -- about disclosures. There are a couple of things that from the beginning -- or at least from the second meeting have -- have bothered me about this -- about this process and I wanted to share them. There were -- there have been Council Members that haven't been in attendance at some of these meetings and some of these public hearings and it hasn't been mentioned, but when you come back after having been gone for a little while or been away and not been in attendance, the recommendation is that you make a record of being gone and state that you have been caught -- that you have caught up, because there is no way for citizens to know that you went back and watched that or that you have any -- have any basis to make a full and fair decision based on what was -- what happened while you were away. Just a recommendation. The other one. Disclosures of friendship. I appreciate that, Council Member Cavener, I absolutely do. The frustration is that you didn't do it while citizens could still speak about it and ask questions. It wasn't that you didn't do it, it wasn't that you waited until -- and admittedly they didn't ask until during that -- that question and answer -- or the comment period. The concern was that it didn't occur early in the process. If I can maybe just a paragraph -- Borton: If you would summarize. Leonard: Thank you. Just really quickly. I'm going to summarize by saying I -- the Mayor said it best. She said -- toward the end of our second of four hearings on this -- if this were occurring in Ada county and the Ada county commissioners were imposing their will on the City of Meridian by allowing and authorizing this expansion of use, she said the people up here at the -- the Council Members would be outraged. I don't know if that's true or not. I know some of you -- some of you personally, but not very well. I have shaken your hand maybe at a parade or something. I don't know if that's true. I can tell you that the neighbors to this are outraged and although they are not Meridian Meridian City Council Meeting Agenda December 4, 2018 – Page 32 of 445 Meridian City Council November 20, 2018 Page 26 of 74 City -- they are not Meridian city residents, they are residents of the state of Idaho and they absolutely have the right to come and express their -- their -- their grievances here. I hope this doesn't end up at district court. If it's approved, please, do it soon as opposed to continuing it or resetting it, so if it needs to go to district court we can get there and back and -- and -- and figure out where we are going on this. Thank you. Borton: Thank you, Josh. Council, any questions? Cavener: Mr. President? Cavener: Mr. Cavener. Cavener: A couple things. Josh, appreciate -- again, I think you're very respectful for the dialogue and I think your point about talking about missing a meeting and making sure that the Council and the public is aware that we are caught up is something I one hundred percent agree with you. I think maybe we disagree about the process and the timing of that. To me it's -- I want to hear from the public first before we as a Council discuss. I want to make sure that the Council and the public are aware of that, but agree with you one hundred percent, because you touched on some of the comments about -- comments from the Council about disclosures, I guess a question has been brought up and I think we are -- you are representing a large amount of members -- the question about ex-parte communication has been brought up and I'm just curious -- the previous testimony didn't want to share what those were. I'm hoping that you would at least let us know if you're aware of ex-parte communication, if you could elaborate any further. Leonard: Certainly. I -- I, obviously, have a duty to my clients and in this instance what they have shared with me in -- in confidence or in attorney-client privilege. W ith that said I can tell you that the definition of -- of ex-parte only -- and this -- Mr. Nary, you're going to have to correct me if I'm wrong. My understanding is -- and the definition of ex- parte means during the pendency of an action. The communications that I have seen, although they have been between members of the Council and directly with the applicant and seemed pretty personal, I don't remember and I don't know if they had a date on them that I could look at to say that it occurred during the dependency of this action. So, ex-parte -- were they communications outside the -- outside the scope of this room? I think we all know you have lives outside this room, although some nights it may not seem like that. Yes, they were. But were they during the dependency of this action? I can't say that. I don't know. Cavener: Thank you. Borton: Thank you, Josh. Bernt: Mr. President? Borton: Mr. Bernt. Meridian City Council Meeting Agenda December 4, 2018 – Page 33 of 445 Meridian City Council November 20, 2018 Page 27 of 74 Bernt: I just -- just a point of clarification. Mr. Nary, m aybe you can help out just -- the 300 has been mentioned a couple times regarding the 300 foot rule -- rule in regard to an industrial machine use within a -- you know, that -- that 300 foot range as it relates to City of Meridian area versus residential use. I mean what -- what exactly would be city code. Help me out with that. Leonard: I'm sorry, can I -- Nary: Oh, go ahead. I thought he was asking me. Leonard: No. Absolutely. I think he was, but I -- I just want to point you to the section I'm talking about. Bernt: Okay. Leonard: Number ten in those proposed new conditions, toward the end of that within the City of Meridian. Sorry, Mr. Nary. Nary: So, Mr. President, Members of the Council, Council Member Bernt, in the first hearing on this discussion that was a question that came up. All of our development agreements are related to activities that the city, through this contract, are allowing a resident to do. We haven't ever contingent -- put a contingency in our contract that was contingent on another jurisdiction doing something, whether it's approving a residence, approving a business, approving an industrial park or whatever. We haven't ever required that our -- our approval of action or activity by a resident, who has a development agreement, would be hindered from doing it by another entity. So, that -- like Ada county or Kuna, Boise, whatever. So, that's the reason it's written that way. If the Council desires to do that, you can. The -- the distance can be greater if you wish. The -- the ability there would be any entity can be if you wish. That's totally within your discretion. But that's the reason it's written that way is because it's -- otherwise you're putting -- the activity you're condoning in the hands of another entity that could, then, do something that would, then, prohibit that activity. Now if that's what you wish to do you can, but that's the reason we have always crafted them -- that's only related to the city, what we approve, what we allow and, again, Mr. Leonard is correct, it does say residential, but, again, the code was written when -- again, this -- this area that's on the edge of another city didn't exist. The reality is, again, in a majority of the city you don't have these issues within the city. Bernt: Right. Nary: This happens to be on the edge. But -- but the reality is, again, it's always been your direction to a citizen that you're granting an activity to do and is, then, governed by any decisions this board would make, not another board. Bernt: Mr. President? Meridian City Council Meeting Agenda December 4, 2018 – Page 34 of 445 Meridian City Council November 20, 2018 Page 28 of 74 Borton: Mr. Bernt. Bernt: Just one -- one follow up. Is this -- and I -- and this is my own fault. I should have done my due diligence on my -- my own part. Does this -- does this area of -- this recycling area that we are talking, does it abut up against any other property besides the City of Meridian? Does it go up against Ada county or Kuna or -- Nary: It does. It goes up against -- Mr. Bernt, it does abut -- both on Locust Grove and on Columbia, properties across the streets of those two streets are in the county. Bernt: Okay. Leonard: And if I -- if I may clarify, Mr. Nary, I think you were talking about the issuance of a -- of a certificate of occupancy by another jurisdiction. In this instance it -- in this instance it's -- no there is no action required by another jurisdiction. It says all mechanical equipment, excluding all private or commercial vehicles and operations, power driven processing equipment and operations, shipping and delivery areas and out -- other outdoor activity on recycling -- recycling property shall be located at least 300 feet from abutting residential district and that's where it stopped before this latest revision and now it says at -- shall be located at least 300 feet from abutting residential district within the City of Meridian and that's the problem. There is no action taken by any other agency. It's just the fact that it's residential property. Residential property in the -- in the county versus residential property in the city. It's all residential and it all has homes on it. That's the -- that's the hang up. We are not relying on any action by any other agency. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Why was that -- Mr. Nary, w hy -- why did we change that? Nary: Because, again, our conditions have always been relevant to just the city, not any other entity, whether they are existing there or there are new residents that could be granted there, we have never conditioned it on our development agreement. You can. We can eliminate that -- that portion of the sentence if you wish. But we have always relied on just the city's action. So, Mr. -- Mr. Leonard's correct, currently there are residential properties across the street. Some have -- there is residences in different parts of it and there is a lot of open space, but, again, if county were to approve a development across the street, that would, then, dictate your approval in this agreement and that's something we hadn't previously done. Borton: Thank you, Mr. Nary. Thank you, Josh. Leonard: Thank you. Meridian City Council Meeting Agenda December 4, 2018 – Page 35 of 445 Meridian City Council November 20, 2018 Page 29 of 74 Coles: Next we have Debbie Allen. Borton: Thank you, Debbie, for coming tonight. You probably know the drill. Your name and address, please. Allen: Thank you. I'm Debbie Allen. I live at 775 East Columbia Road, Meridian, Idaho. 83642. And I wanted to just tag onto what you were just discussing briefly. That's part of -- one of my concerns and -- and it's my understanding that that was part of why that was put in there was part of the issue -- I mean the whole -- this whole thing -- a big part of the issue is that across the street is Ada county, but we are still people on the other side of the street. We are not lesser citizens because we are not annexed into Meridian and that one provision where it says that the operating equipment should be 300 feet away from abutting residential areas was to try to get that machinery from operating across the street from somebody. So, we have the people here actually that live closest to them, who I think are going to speak later, they are directly across the street. They look right at that whole thing and it seems like -- I mean, honestly, it just seems like common decency to protect them from having that equipment right across the street from them. So, it's not a matter of governing Ada county on what they are going to do, it's a matter of asking Mr. Murgoitio to have some appreciation for his neighbors and to have his equipment at least 300 feet away from their homes. It seems reasonable to me. The other thing -- and I talked to Mr. Nary today about this, too, and we have talked previously about the location of the recycling facility being the 36 acres and in looking through this information on the development agreement, it refers to Exhibit A and unless I misreading it, Exhibit A doesn't limit it to the 36 acres and so as part of these provisions I'm asking that it be specified that the recycling operation be limited to the 36 acres, as Mr. Murgoitio has offered to do previously and we have discussed that several times, but even Mr. Nary said that he -- he didn't know if that was actually in there and -- and so I'm asking you to make sure that that is specified and that that's in here. The other thing I wanted to ask you to approve is the ten year maximum for this, as already been discussed. This is outside of what should be allowed in a residential zone and I guess I'm just asking you guys to give us some reprieve from this whole issue. We will have to go through it for ten years, but can we, please, have a light at the end of the tunnel in ten years. I also thought it was interesting -- Mike -- Mr. Murgoitio sometimes plays word games I think. I have a picture for you. He calls this a soil amendment, but as you have already seen, there is trash. Republic Services trash trucks that are dumping this stuff. If you look closely at it you can actually see trash in it. It's the bags of leaves and mounds of leaves. This is exactly what they were talking about before where we need to have something specific in this provision like, Vicki said and Josh said, processed compost material being spread out on agricultural land is agricultural. We understand that. This is not. This is trash trucks pulling up to this property, dumping what's ever inside their trash trucks -- it might be mostly leaves, but as you can see if you look real close, there's colorful things in here. So, there is actually trash in there and that's a big concern for us is that the -- the language says that only processed compost can be spread throughout the property and if you watch any farmer when they are putting amendments to their property, they spread it out. Meridian City Council Meeting Agenda December 4, 2018 – Page 36 of 445 Meridian City Council November 20, 2018 Page 30 of 74 They take it out there and they spread it out. You will see manure piles that are -- not piles like this, not mountains, but they are spread out with a spreader across the whole property. This is the same stuff that he would put on his recycle facility and process at some point, but I guess he just decided he wanted to put it here and this was even after Councilman Bernt discussed this with him last time and specified that -- that he needs to keep his piles on the recycle property and it was last week that this -- this whole thing doubled. So, I'm asking you guys to approve the provisions and to take out the limitation of within the City of Meridian and to approve the staff recommendations as conditions for this project. Borton: Thank you very much. Any questions, Council? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I don't -- I don't know -- and not necessarily a question -- be more for staff. Those photos that we were just shown, where those -- are those the same photos that we have already seen or was there a different photo that -- Allen: It's closer up, so you can see there is trash in it. Cavener: We weren't -- it didn't pop up on our screen, so I didn't see it. Allen: Oh. I have got another one. Cavener: And so that -- I was just trying to get some greater clarification. Allen: Do you want me to give it to you? Coles: Councilman Cavener, correct, the dot camera seems to not be working this evening. Allen: Oh, I have got another one. If you want me to hand it out. Cavener: Perhaps if we can at least either pass it around or at least -- I think we may take a break here at one point and maybe try and fix the IT issue, so that we have a chance to see that. I appreciate it. Borton: Yeah. Anything that you want us to see, if it's -- Allen: This is that -- this is that same thing. Borton: Perfect. Allen: It's just another copy of it. Meridian City Council Meeting Agenda December 4, 2018 – Page 37 of 445 Meridian City Council November 20, 2018 Page 31 of 74 Borton: Thank you. Any other questions, Council? Cavener: Sorry. Mr. President, just for Mr. Coles. My -- I have got IT big issues with my machine. I don't know if we have got somebody from IT that may be able to help and resolve this at one point. Coles: There is no one from IT on -- on the property at the moment. Cavener: Okay. Thank you. Allen: Can I -- do you mind if I mention one more thing? I will be really, really brief. Borton: Certainly. Allen: Please. Thank you. I did send an e-mail -- and I hope that you have it and it's got pictures, because it goes to the berm issue. His berms are not berms, they are a pile of compost material. They are very short. And if you look at the pictures that I sent you on the e-mail, you will see those are not berms, they don't cover anything, they are not pretty, they are not aesthetic, they are short, they are just compost. They are just piles of this product in a berm -- I also sent pictures of what we all know to be berms and that's one of the things that -- that I would hope that you guys would address with him, too, is what really a berm is. Borton: All right. Thank you very much. Allen: Thanks for letting me say that. Borton: No worries. I appreciate it. Allen: All right. Thanks. Borton: Mr. Clerk. Coles: Thank you, Mr. President. Next on the list is Todd Edgar. Borton: Welcome, Todd . Edgar: Todd Edgar. 1410 East Gravel Lane, Meridian, Idaho. Borton: If you could get a little closer to the mic. Edgar: Meridian, Idaho. 83642. So, I -- I will probably just read right from this, so I don't get too far off in Never Never Land with you guys. Borton: You're still kind of hard to hear still. You got to get right in that mic. Meridian City Council Meeting Agenda December 4, 2018 – Page 38 of 445 Meridian City Council November 20, 2018 Page 32 of 74 Edgar: So, I wanted to start off just -- as a few of the observations throughout this project that I have noticed. I came a couple times or I have came to all the meetings. I have spoke a couple times. Number one, with the initial meeting staff recommends to not approved this for various reasons. The biggest one being that this is an industrial site in an R-4 zone. You guys are very aware of that. Staff recommended denial. You guys, you know, didn't listen to staff there. Multiple neighbors also stood up and opposed the facility based on health concerns, increased noise, increased traffic, decreased property values and the quality of life out there is going to be less with a dump being imposed into the neighborhood there. So, again, this was all brought up in the first meeting. City Council ignores all these inputs of the neighbors and proves without any consideration to the recommendations from the neighbors. After the approval staff comes back with more specific conditions set in place to help out the neighbors, which I really appreciated what they had put in place here on this document from the last meeting that we reviewed, the ten years -- hard ten years. That is needed. That can't be just -- let Mike come back and say, well, you know, I'm not going to agree to that and I'm not going to agree to this. That shouldn't be something that's in -- kept from staff's recommendations. The specific landscaping requirements that were in the document as well, those looked like -- that's realistic landscaping. They are talking about not being able to see these piles of dirt and junk and crap from the road with landscaping that he has to put around the facility. Again, you know, he comes back and says, no, I don't agree to that. So, why don't the neighbors get to give their inputs on what they agree to or what they don't agree to? It's just Mike that gets to come back and say I do or don't agree. I don't quite understand that. Maybe we don't have any say in the matter, except for the standing up here. But it's almost like the closed door meetings with Mike and maybe the city attorney or whoever -- I'm not sure who is meeting with him. He comes back with his proposal. So, I'm confused on how that all works. Maybe you guys can enlighten me on that a little bit, you know, how that process works. But I'm not really up on the government system here, so -- again, the pile -- the new piles -- and it was brought up in the last meeting, the com -- or, you know, the -- the trash that's brought in should be kept on the facility -- on the 36 acres, which I'm glad that that was brought up, that that seems to be missing again from the document, which this -- within this process is kind of how things seem to go is they are there, they are not there, I agree to it, I don't agree to it, but all -- all of the trash that's being brought in should be kept on the 36 acres of the facility. Now we have it out along Locust Grove, these huge piles that are just popping up out of nowhere. Is the new norm now? So, I'm going to ask you guys to really look at what staff recommended -- recommended at the last meeting and, you know, and let's follow some of the stuff. Either that or get the neighbors more involved and ask us what we might approve or not approve. I think that would be fair. There is many people out there that are being impacted, 50, 60, 70 residents and there is one person coming in making all the changes. So, I really don't think that's fair. So, that's -- you know, I got other things in here, but I think we have discussed all that enough, so thank you for your time. Do you have any questions? Borton: Thank you much. Council, any questions? Okay. Meridian City Council Meeting Agenda December 4, 2018 – Page 39 of 445 Meridian City Council November 20, 2018 Page 33 of 74 Coles: Next on the list is Jim Cox. Borton: Jim, are you here? Welcome. Thanks for coming tonight. Cox: Council members, I'm Jim Cox. 1305 East Columbia Road, Meridian. I am -- our house is directly across from the screening operation. Directly across Meridian -- or Columbia Road, so -- three quick points. They have all been said. The -- the ten year maximum, I hope you are hearing that that so feels like a deal breaker to us. That light at the end of the tunnel is what we felt like was -- at one point we felt like five years sounded like a long time. It's already been three years that we have been listening to that and seeing that. We left our last meeting two weeks ago, we felt like we had been heard and, then, this kind of stuff appears in the -- in the written form, it feels like we went backwards, changing language to being able to revisit it in ten years. So, I hope we are speaking loud and clear that that ten year maximum really means something, so -- second point on the landscaping. That paragraph six from our place, the -- the hill across -- or the property cross Columbia Road slopes upward quite a ways, so that screening operation sits literally ten or 12 feet above Columbia Road and it's, what, 16 foot tall or something. So, from about any location any amount of landscaping would be difficult. I think we made the point two weeks ago that trees would barely be starting to get to that height in ten years and really would have very little effect. In that paragraph six it says Timber Creek will land -- will install trees. I think that was amended to say per zoning paragraph 11-3H-4D. That 4-D I think refers to berms or walls -- says a berm ten foot tall as measured from the center line of Columbia Road or Locust Grove, whichever. Obviously, that would help, but certainly with that equipment being so tall, sitting at the top of the hill, that berm, even -- even that berm would be difficult visually and in terms of noise reduction I don't think it would be very effective. So, I'm not sure what the -- what the improvement would be, other than to move the berm up the hill, but in some way it seems like, once again, we are trying to fix something that it's difficult to fix. We are trying to fix an industrial problem with a -- a residential solution, so -- the last point -- that 300 feet literally -- okay. That the 300 feet -- that screening equipment currently sits less than 300 feet from Columbia Road. Our house sits -- from our house to the center of Columbia Road is like 50 feet. So, you can see that there is a very -- very visible problem. We are right in each other's space all the time. Unfortunately, the house was built in '68, so it's difficult to know how to address that issue, but it's very close to us and when it's running it feels like it's very close. That's the screen. When the grinder is running, the chipper, it feels like it's in your front room, so I don't know how to address that, but -- Borton: We are going to have you -- we are going to have you summarize if you could, please. Cox: Yes . I will stop there. I think it's all been said. But that 300 feet, if we could take that one seriously, as Debbie said, address it the way it needs to be addressed, that would be a help. Borton: Thank you very much. Meridian City Council Meeting Agenda December 4, 2018 – Page 40 of 445 Meridian City Council November 20, 2018 Page 34 of 74 Cox: Thank you. Borton: Council, any questions? Okay. Thank you. Coles: David Bennett is next. Palmer: Welcome, David. Thanks for being here tonight. Bennett: Mr. President and honored Council, also our first responders, thank you for what you guys do. I apologize, I have lost my voice. I just got back from Washington and I left my voice there. So, hopefully, you can hear me. I reviewed the -- Borton: Where is your residence? Bennett: Oh, I'm sorry. 1398 East Mallory Lane. Borton: Okay. Thank you. Bennett: Meridian. I'm a half a mile from the new industrial proposed site. My wife and I moved here just a few months ago. Borton: Welcome. Bennett: Thank you. And I'm very concerned about what I'm seeing here tonight. You know, one of the things that's great about this country is the ability to come here and talk and voice opinions and issues and it's very personal to a lot of these people, my new neighbors. We are looking at our health. We are looking at our financial well beings. And we are looking to the future of our children. And to have an industrial complex move into a residential area, unfettered by proper oversight, is very very alarming and I actually plead with you guys to stop the direction that this is going, because sitting in the back room it seems pretty obvious what the Council is already thinking. That bothers me. I am the president CEO of Applied Science and Technologies, Incorporate. ASTI. Myself and my partners are considering moving here to Meridian. We are a very large conglomerate of groups of other industries. I am very confused about -- when I look at your bylaws and your regulations about what I would need to do for ASTI to set up shop in Meridian, I see very strict guidelines that are very good. Why are we not following those in this circumstance? So, Mr. President, would you, please, explain to me why we are not following a conditional use permit? Why are we not doing that? I don't understand that. Can -- can you tell us, please? Borton: Well, I appreciate the question. I would probably -- I don't get to play lawyer here on the Council, so I would probably turn to our legal counsel to describe from a land use perspective his opinion that's been directed to us on the -- the options for an applicant to bring a request, whether that's done through a development agreement modification or through a CUP application. Perhaps different avenues to try and get the Meridian City Council Meeting Agenda December 4, 2018 – Page 41 of 445 Meridian City Council November 20, 2018 Page 35 of 74 relief they request. But as to answering that I would defer to Mr. Nary on behalf of the city. Nary: Could you restate your question, sir? Bennett: Mr. Nary, thank you for taking my question. I'm curious why we are not using a conditional use permit. Why that -- that process, which seems like that's in your bylaws and regulations for an industry to move in. As me coming in with a potential industry -- and I may be standing before you here shortly with partners saying can we, please, set up shop here in Meridian, am I going to have to follow a conditional use permit or can I get the same treatment that Timber Creek is getting with, hey, let's kind of play fast and loose. I'm very curious. Help me. Nary: So, sir, that quicker answer is is development agreements are governed by the Idaho code. They are also, then, found in our city code as well. They do allow the city to contract with development when they wish to be annexed into the city and require whatever types of conditions that the city may require at the time of annexation on what the development of the property may be or may not be. We sometimes put conditions in development agreements that prohibit certain uses. We sometimes put conditions that require certain types of uses. The ability to amend development agreements are also contained in the state code and the city code, so amending those uses within the development agreement are also allowed. We disagree with counsel that raised the question that a CUP is the only avenue in which you can do this. We disagree and lawyers tend to disagree occasionally and that's fine. We do not believe under our code that a CUP is the only avenue to do this, because the development agreement does have conditions in it and this is -- this is an expansion of those existing conditions that were previously part of the DA. So, that's why we are here. Now, if -- if a court tells us different, then, we will deal with it differently. But that's the reason we are here is he has an existing DA, he is asking to amend those conditions to allow some additional uses on his property and that's the reason we are here. Bennett: Thank you, Mr. Nary. My next point, please, sir. The ten year renewal versus a ten year termination. I can understand from a business perspective why Timber Creek would definitely want to go down that path. I think this is a case where we have got industry driving Council's decisions, not the other way around. Mr. President, would you and the Council, please, consider a five year review? Because I think, you know, the Murgoitios have already stated that they are going to stay within compliance. That's great. That makes me feel better, because I drink the water that's probably going to get filtered in -- you know, into my well. What would be the harm in coming back in five years and saying, hey, is this working, are we damaging the people around us with health conditions, are we damaging property values? Could we -- could you address that, please, sir? Could we address and a look at a five year, instead of a ten year. Borton: Well, over the -- over the course of the hearings just some brief context is there have been discussions, if you have reviewed the record, on what the potential duration of a use -- if there is an extended use, what it could be, whether there is triggers that Meridian City Council Meeting Agenda December 4, 2018 – Page 42 of 445 Meridian City Council November 20, 2018 Page 36 of 74 automatically terminate it or not, as part of a public hearing. I'm not necessarily in a position to agree or disagree, other than receiving public input and weighing it, along with the remainder of the public input and the comments of the applicant. Bennett: Right. Borton: You might get different answers from each Council Member. This is an application that I voted against, so there is going to be different perspectives, but to -- to answer and sort of not answer, what I -- what I think you're getting at is -- I think we try to receive all of the comments and suggestions verbally and in writing from the public, that being one of them, to consider what might be the best decision going forward here and I understand that it sounds like that's your recommendation that rather than just having the ten year absolute stop, which as of today it sounds like everyone was at least in agreement to that, that it would take overt action of a council in the future to allow a continued use, that's one -- that's perhaps progress to address some of that concern, but it's your request that perhaps this Council consider constricting that even more and whether that's in five years have a review that might have some triggers for whether continued use could remain or whether you're suggesting that the ten year hard stop shrinks down to five years, but I understand that's the -- the recommendation or suggestion you're making and the reason behind it. I think the Council considers that amongst all of the other comments in deciding what to do. Bennett: Okay. Council, I would appreciate you -- you recognizing that. And my last comment I did -- I was very concerned about the removal of federal and state and local regulations in the new terms. My company and my associates' company, we deal with federal regulations. We monitor the environment for environmental hazards. The technology that is now coming to bear is going to severely impact future discussions like this. The technology now exists 24/7, 365 days a year to monitor every three feet the quality of the air as it moved from a point of origin in A to B. We can determine the density of that cloud and my fear for -- for our community and for -- for Timberlake, is, hey, if we don't do the right things now we are setting ourselves up for major lawsuits down the road, because the technology is there. I appreciate you taking my time today. I think you -- you know, we have got a lot of passion here tonight. That's good. And I hope you will take these considerations very seriously. Thank you. Borton: Thank you. Appreciate the testimony. Council, any questions? Thank you for being here. Coles: Mr. President, there were none other that indicated they wanted to provide testimony. Borton: Okay. We have heard from everybody who has signed up. Is there -- well, did anybody -- come on forward if you haven't -- either if you signed up or you tried and it didn't work, now is the time, just raise your hand, so -- we will have you state your name and address for the record. Thanks for being here. Meridian City Council Meeting Agenda December 4, 2018 – Page 43 of 445 Meridian City Council November 20, 2018 Page 37 of 74 Blitman: Thanks. Brenda Blitman. 8460 South Locust Grove Road. One quarter mile south and I'm in Ada county, so I'm not in the City of Meridian. Can we put up the picture of the -- or you guys can see pictures; right? Borton: It depends. If -- was it provided to the clerk. Blitman: The garbage truck. The garbage truck. Bernt: We have seen them. Blitman: So, that's what I saw this week when I was going down Columbia. Borton: He's getting it. Blitman: When I walked out of my door this morning -- Borton: Is that it? Blitman: Yeah . I smelled the rotting -- the rotting wood smell, which -- I grew up on a dairy and I'm across the street from dairy cows and I know what dairy smells like and it was the rotting wood smell, which is different and new and it was quite a lot of it. When I looked at these garbage trucks when I drove down Columbia, I just imagined 56 of them a day dropping this waste on the property and that seems like it's huge and the visual is just much bigger than this nice farming recycling operation where we are going to put soil out on the fields or in the -- in the livestock feedlots. So, it's just looking like it's going to be huge. I don't know if it's worth it from the timing perspective, but the City Council needs to see the size of the equipment and the size of the piles and the size of what the operation is if they are going to consider that it's just some small scale operation. I'm supportive of the changes that have been talked about, which is the stopping at ten years. I'm supportive of it being reconsidered on a conditional use permit. If this were coming through as a contractor yard I don't think that the City Council would agree to unlimited use in a residential area for a contractor yard without proper landscaping and proper controls. And my last point is I was super disappointed at the Council meeting that I came to when I -- when the City Council was talking about the reasons for approving this property, a lot of the discussions centered around the fact that the Murgoitios very generously donated property for the park, which is awesome and it's going to be a mile and a half from my house and I'm excited about that, but it kind of seemed like the discussion was this was a payback for the park and also a payback for the annexation into the City of Meridian, so that the city of Kuna would be blocked and that doesn't seem like very good public policy to make decisions based on those kinds of exchanges and this is just my opinion from what I heard during the City Council meeting. I'm hoping that we are making decisions on what's good for the community, what's good for our residents and what's good for the people. Thank you. Borton: Thank you for sharing that. Meridian City Council Meeting Agenda December 4, 2018 – Page 44 of 445 Meridian City Council November 20, 2018 Page 38 of 74 Palmer: Mr. President? Bernt: Mr. President? Borton: Mr. Palmer and, then, Mr. Bernt. Palmer: Is there a park yet to be announced that we haven't learned about that the Murgoitios donated a plan for? Nary: Mr. President, no, they didn't donate any of that park land. We bought that land from another developer. Blitman: Okay. Then I misspoke. I'm sorry. But the annexation was -- it just seemed like that was the whole discussion. Borton: Okay. Mr. Bernt. Bernt: One comment related to the -- the prior gentleman who -- who gave his testimony, but I do have a question or a comment. Going through the -- the modifications or the conditions of approval, I don't see -- and correct me if I'm wrong, Mr. Nary, I don't see where we have struck anything from the -- the agreement where there is -- where any federal entity as -- whether it's DEQ or Department of Agriculture are not part of this agreement. Nary: We did not strike any of that language and, actually, we -- we made it -- Bernt: Easier to read. Nary: -- that we could use their violation as a violation of our agreement. Bernt: Right. So, yeah, I just wanted to make that comment, because I -- I was a little bit confused and so I -- I just went over the agreement and I just wanted to clarify that. Borton: Okay. Thank you. Anyone else here who has not testified wishes to provide some testimony? Seeing no other individuals, would the applicant care to come forward and provide some summary comments. Nary: Mr. President? Borton: Mr. Nary. Nary: I was going to suggest -- and, then, maybe the applicant could -- could comment on that. In listening to the Council and listening to the -- this, I -- there is three sections that we have discussed and I wanted to know what the Council's pleasure would be, but if you're looking at the one that's in front of you, the -- the conditions. Oh. The condition one, when we talked about the ten years, the Council appeared to want -- that there be Meridian City Council Meeting Agenda December 4, 2018 – Page 45 of 445 Meridian City Council November 20, 2018 Page 39 of 74 a hard stop and that they would need to request to reapply if -- if the Council at that time wished to do that. So, what I have done is I changed the language, if the Council likes this -- and, again, we can tweak that -- that the -- if the applicant -- the applicant -- if the applicant request the City Council to review -- pardon me. Let me back up. At the end of the ten years the activity shall cease. If the applicant requests the City Council to review the activity before the ten year period for renewal for additional time period, as the determined by the Council, at that time the Council can require more or different conditions at their discretion if they allow the activity to continue. If the Council does not extend the use beyond the initial ten year period, then, the -- at their direction, then, it will be -- it will be terminated at the date they determine. So, that changes it slightly. It still is a ten year stop. It still allows the Council the discretion to review it. It still allows the Council to add or change conditions or whatever they think is appropriate in ten years, because we are not -- we won't know exactly what that's going to look like. In item four the concern was about the recycled materials and where they are going to be. So, what I thought the Council might consider is the section would now read the recycled materials before and after processing shall be stored on the recycling property and after processing may be used on the property. So, again, the balance of storing it, whether it's being used prior to processing or post processing, that it has to be in a defined area that's -- that's on the recycling portion of the property. The provision on section nine -- I didn't hear a direction either way on the City of Meridian versus residential districts in general, so that's -- whatever your direction is on that. And, then, the final one -- I added a provision, because -- and maybe I misspoke when I spoke with Ms. Allen earlier today. I didn't tell her I didn't know if it was in there, I said I didn't have it in front of me, so I couldn't tell her either way, but what we can require -- the Council can require is the applicant shall provided a detailed site plan to the city defining the area of the recycle property, the area of the location of the recycling equipment, the farming property and the remainder of their property related to this development agreement. The recycle property should not exceed 36 acres. So, when I looked at the appendix of the original agreement -- and that's, I think, a lot of what misunderstanding is by the folks that have testified, is the original agreement is all in front of you. These are the conditions related to what's being asked to do more of than what they were doing today and it says the defined area is Appendix A. But as with many of our agreements, Appendix A is about 12 pages, which also includes drawings, aerials, as well as legal descriptions. So, to clear that up, it might make more sense to say you need to give us a new site plan of this specific area, where these things are, where you're going to have it, so that we have an easier way for the public or the Council in the future or code enforcement to be able to find where this all belongs. So, those are my suggestions and I'm sure Mr. Cranny has some suggestions as well, but based on what the conversation was we can certainly amend those provisions if that's your direction. Borton: Thank you, Mr. Nary. The -- the images that -- or the diagrams that you have described, can they be attached as an Appendix B, so they don't get lost in the shuffle? Nary: I'm sorry. Yes , Mr. President. Yeah. I would -- I would suggest we attach it as a separate exhibit so it doesn't get lost in the group that already exists. But it's clearly defined separately. Meridian City Council Meeting Agenda December 4, 2018 – Page 46 of 445 Meridian City Council November 20, 2018 Page 40 of 74 Borton: Okay. Thank you. Council, any questions on that? Would the applicant like to come forward. Cranny: Council Members, thank you for this chance to talk before you. Justin Cranny. 877 Main Street, Boise, Idaho. Just a couple of clarifying points. One, there was a question about the extent of the property subject to the development agreement and one question was there is that parcel to the west of where the recycling area is going to be. That's not part of this development agreement. That's where the leaves are being stored now. Or where they were being dropped off. That's not part of this development agreement, because that's not part of the recycling activity. That said, to avoid issues, Timber Creek is willing to take all of the material that may come in to be processed and stored on the recycling property. Let's just avoid the issue. Let's avoid the issue. So, anything that comes in, processed or unprocessed, will come in and will be processed on the recycling property. It will, then, be taken to the farmland that will be -- it will be used on and spread out. Let's avoid the fight. Let's try and minimize any confusion we may have. Borton: If you could pull that microphone closer to you. Cranny: Oh, I'm sorry. Borton: That's all right. So people in the back may hear. Cranny: I think that way we can, hopefully, reach -- you know, we are trying to mitigate the impacts. You know, we don't know -- you know, we understand that it looks horrible, but this isn't ag use, but you know what, let's -- let's avoid the fight. They want some clarity. Let's just -- everything that comes in will go on the recycling property, processed, and it will be sent out for spreading and turning under. I think Timber Creek is willing to do that, to make sure that we try and -- there is less confusion between the neighbors and Timber Creek. Another point that came up that seemed to be confusing is this new -- in new operations, new operation. Timber Creek has been there since 2009 operating and -- I mean it was composting pre-annexation and post-annexation. It's been going on. We came to City Council to clarify and make it explicit and we are adding conditions to more concretely define what can be done and what -- specifically what can't be done. Timber Creek is mitigating the impacts that could have occurred or were occurring under the old development agreement in favor of the neighbors. Added a muffler to both grinders at great cost and expense. We are going to put up berms. We are doing what we can to try and mitigate the impacts. We are trying to push and withdraw -- or trying to limit the impacts. That's the intent. Clarify -- to clarify that composting is expressly permitted and to mitigate the impacts. Ten year limitation. That came up multiple times. We have agreed to that. Hard cap. Mr. Nary read some language. That language is acceptable to Timber Creek. I will ask if I can review it in writing just to make sure I understood fully my -- my hearing comprehension may not be the best at times. So, if I could request that just to review. I don't think I will have an issue with it. The leaves have been a big issue. We are hoping that the -- the Meridian City Council Meeting Agenda December 4, 2018 – Page 47 of 445 Meridian City Council November 20, 2018 Page 41 of 74 agreement to have everything come onto the recycling property will mitigate that issue. There was a request to put berms on the west side of the recycling property. Timber Creek previously represented they would do that and they reaffirm they will do that. There will be a ten foot berm on the west side of the recycling property. The issue of the equipment. You know, we came back and said, you know, as that conditional is written, if strictly interpreted, man, we will kind of have trouble using that property for anything. So, we are happy with the condition as drafted. I think it meets what both parties are looking for. You addressed the federal jurisdiction. We have agreed to that condition. It's number four. Oh, the limitation that the -- the recycling use is limited to 36 acres. That's in Section 4.8 of the amended development agreement. It clearly states it's in that area. That's the only place this can happen. So, the -- the exhibit side -- it's in the body of the development agreement. Murgoitio: Regarding the -- Mike Murgoitio. Timber Creek Recycling, LLC. 7695 South Locust Grove, Meridian, Idaho. The trash that's in those pictures, we have a process in place to take care of that. So, there is a cone identified with each load. So, when they -- when they check in they write down their load and load number and, then, we isolate a cone with that load and, then, it is inspected at the end of each day and, then, any trash is removed out and anytime we grind we also remove the trash as well. So, there is a process for trash being removed and it is documented. Then also on the north section, Brighton owns the property to the north, so we do not have sole control over the properties for -- for this development agreement if it triggers that with a -- you know, a development with Brighton Corp or -- there is a CUP right next to us, that would trigger that. We don't own that. As far as the manure smell, we did haul manure. You know, we have a feedlot. So, we hauled manure on that pivot and it probably did smell like manure, you know. We -- we did it as a soil amendment. So, yeah, I didn't -- I don't know what to say about that other than that. Yeah. Leaves will remain on site on the 36 acres. Ten year max. We're good with that. Yeah. I think that's what I had to add. Yeah. Cranny: So, in summary, we are trying to be good neighbors. Understand the neighbors aren't happy. They don't like this use. It's not the ideal -- idealistic pasture. So, we -- the development agreement provides certain uses that can be done by Timber Creek. Those uses are very broad. This agreement narrows those, puts more concrete limitations, so in some means we are baffled at the opposition. If this -- you know, because if this -- if Timber Creek is going to come, they still have this pretty unfettered use of their land. So, I think at the end of the day this benefits them more than it hurts them. That said, we are just looking forward to moving ahead doing our best to be good neighbors, comply with the development agreement, and just do the best we can and hopefully everyone's happy and we will be back in ten years if needed. Any questions? Borton: Thank you. Council, any questions? Milam: Mr. President? Borton: Mrs. Milam. Meridian City Council Meeting Agenda December 4, 2018 – Page 48 of 445 Meridian City Council November 20, 2018 Page 42 of 74 Milam: Regarding the berms, I didn't hear -- you said you were going to put berms, but are they real berms or manure berms? Murgoitio: Well, they were dirt berms capped with mulch is half inch of fine mulch, which we sell for -- for, you know, cover for many landscapers. In fact, right along Overland Road -- our product is alongside Overland Road as -- on a berm, so -- and add to that -- as far as our land, I think we have to turn in the landscaping plan. Cranny: So, as a condition we have to comply with the requirements for the berm. They have to meet certain -- basically meet city code requirements. Thank you very much for your time. Borton: I have got a question for you. Cranney: I'm sorry. Borton: Paragraph ten that's in front of you. One clarification. Well, maybe two. So, as it reads: All mechanical equipment, excluding all private or commercial vehicles. So, the way I read that -- and maybe for clarity, if that clause, excluding all private or commercial vehicles, were in parentheses, would that accurately clarify it -- that, in fact, all mechanical equipment and operations power driven processing equipment, et cetera, and other outdoor activity on the recycling property, shall be -- I wouldn't want there to be confusion down the road that the exclusion is broader than all private or commercial vehicles and I think that's what you intend and I thought parentheses might clarify that. Is that correct? Cranney: I didn't follow your question. I'm sorry. Could you reiterate? Borton: Yes . The only thing that is excluded from paragraph ten is all private or commercial vehicles. The exclusion doesn't cover the remainder of it and I thought parentheses might make it more clear, so someone down the road isn't led to believe that excluding all of that long list isn't subject to the 300 feet. Cranney: I understand your comment. Thank you. President, yes, I agree. I mean we could relocate it to the end of the paragraph or put in parentheses -- Borton: Or put parenthesis around it. Cranny: -- whatever works to best make that more clear. Yes. Borton: Is that -- is my understanding correct? Cranny: Your understanding is correct with the intent of that clause. Meridian City Council Meeting Agenda December 4, 2018 – Page 49 of 445 Meridian City Council November 20, 2018 Page 43 of 74 Borton: Okay. I appreciate that. Is there any -- is there any property that abuts the recycling property as described in that paragraph ten that isn't currently residential, whether it's in the city or county? Cranny: I don't know. I have not looked. Borton: Here is the reason I ask is there has been questions about removing the red portion within the City of Meridian and -- oops. And having it -- that sentence and that -- that prohibition of those certain activities, which shall not occur on recycling property or that they shall be located at least 300 feet from abutting residential districts and if all abutting districts were residential currently, you're not at risk of -- of perhaps having county ground that is, you know, commercial now, but in the future the county could change that use to residential, which outside anyone's control here would, then, trigger the cessation of your use, so -- because all residential now you probably could take out the red portion. Cranny: So, just for clarification, the 300 feet doesn't terminate the use, it just draws a line where that equipment can operate. It doesn't -- it's not the -- it's not the thousand foot termination of all use, it's just a limitation -- you draw a square 300 feet, is -- am I -- that's my understanding of that clause. Borton: I -- that's a -- yes. Cranny: Okay. Borton: Termination use meaning within the -- Cranny: Okay. Borton: -- no go zone you can't use it if it abuts that -- abutting residential districts. Just didn't know -- it didn't sound like there was -- I was unaware of any county ground that was zoned otherwise -- other than -- Cranny: So, I just informed -- the county south is RUT. I don't regularly read the county code and the zoning, so I don't know what the permissions are. I'm assuming residential, because neighbors live there. I don't know if it's zoned residential or if that's something quasi -- I can't answer that question. Borton: Okay. Okay. That's fair. That's something we can look into pretty quick. Cranney: Yeah. So, I'm sorry, I just can't -- Borton: Mrs. McKay might have an idea, but -- okay. Thank you. Cranny: You're welcome. Meridian City Council Meeting Agenda December 4, 2018 – Page 50 of 445 Meridian City Council November 20, 2018 Page 44 of 74 Borton: Council, any questions from that? Becky, if you could -- I sense you want to provide a little answer input on that. McKay: Mr. President, Members of the Council, Becky McKay. Engineering Solutions. 1029 North Rosario. The properties around that are rural-urban transition. RUT is the designation, because they are within areas of city impact. That rural urban transition zone is basically an agricultural holding zone that when urban services become available, then, the properties can be rezoned to some type of residential zoning designation. Borton: Okay. McKay: But the principal permitted use in the RUT is agricultural uses. You can also have residential uses within, you know, we call them, you know, rural -- rural estates or, you know, they are five acre lots, some are ten acre lots, depending on when those subdivisions went in and whether they were within an area of city impact or outside an area of city impact. Borton: Okay. McKay: But as far as any -- are there any R-1 zones, county zones that adjoin this? No. Borton: Okay. McKay: No. Borton: But -- but -- but residential is the default use for those properties adjacent for now? McKay: It's -- yeah. Rural urban transition is what they -- what it's -- and, like I said, it's defined as a holding zone until such time as city services become available. Borton: Thanks, Becky. McKay: Thank you. Borton: Appreciate it. Anyone else? Any questions from Council? Cranny: Thank you very much. Borton: Thank you. So -- so, one of the things that we do -- I see a hand up there, but I'm going to answer your question by not answering your question probably. Hang on a sec. Procedurally what we do is we have all the public comment and the applicant always gets the last word, which might be frustrating, but we apply that rule across the board in every process we use. Every now and then we get invited to reopen it and we Meridian City Council Meeting Agenda December 4, 2018 – Page 51 of 445 Meridian City Council November 20, 2018 Page 45 of 74 have done two in the morning with good intentions toggle back and forth. So, Council, your direction at the -- the presentations have been closed, unless you want to provide additional public comment. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I recognize that often that leads to 2:00 a.m. meetings, but I am one that's supportive of allowing the public to speak. I would encourage -- if somebody has a very brief clarifying question they want to bring, that I would encourage you as the chair to use your discretion as to what you think is best, recognizing that this should not become a back and forth with a public speaking and an applicant speaking then a public speaking and an applicant. That doesn't benefit anyone here tonight. So, I would yield to your discretion, but I'm supportive of the public having the opportunity, if they have some clarifying questions, that they would be given that opportunity. Borton: The hand was raised with zest, so we will see if this works. Come on forward and -- hang on. Wait until you get up up here. And I appreciate you kind of understanding where we are coming from with just from the process. Edgar: I understand that, too. Todd Edgar. 1410 East Gravel Lane, Meridian, Idaho. 83642. So, I just wanted clarification on the ten years, because in the staff's recommendations at the very beginning was ten years hard stop, not ten years maybe we come back and renegotiate, maybe we do this, maybe we do that. As a ten year hard stop. And, then, I would like clarification on the landscaping that we are all -- have been talking about, the piles of landscaping today are maybe here. We have 30, 40 feet. So, I would like clarification on what's this landscaping pile looks like and when will it be implemented. And that's the only two things I wanted to clarify. Borton: One is maybe -- the applicant gets the last word and perhaps you want to answer that real quick. I will answer the ten years for you is the ten years is a hard stop. An applicant is allowed to come forward and make a request, but it's in the sole discretion of the city as to whether or not a request for any continued use were to be granted and what conditions could be placed should a continuance be allowed. Cranny: President, Council Members, that is a correct summary of our understanding of the clause. Ten year hard stop, but the applicant can come back and petition for more time. I envision something similar to what we have done now. Come back, we will talk to you, have public input and the Council will decide whether or not to allow these to continue or not. But it's a hard stop unless you agree to extend it. Borton: Can I make a suggestion on that? Cranny: Yes . Meridian City Council Meeting Agenda December 4, 2018 – Page 52 of 445 Meridian City Council November 20, 2018 Page 46 of 74 Borton: To -- to change the language a little bit on the fly, but it might be beneficial if the ten years is a hard stop, to have a date by which an application to continue use be submitted. Perhaps nine years -- you know, 12 months prior to the expiration the city receive the application. That way all this work can be done, the public can have input, should any extensions be considered, that the Council at that time and the applicant would know an answer before the ten years. Cranny: Ten years. That sounds reasonable. Borton: Okay. Cranny: I'm happy with that. So -- yeah. So, if we can get that language put in and review that would be great. And, then, the question to the berms. The conditions do state, I believe, that the berms must be up before the tier two composting can commence, except for pilot programs required by DEQ to basically test the process. Borton: Thanks for the clarification. Council, any questions from that? Thank you both. Cranny: Thank you. Borton: Counsel, if I -- if I could -- it's almost -- it's 8:45. I will ask that we take a -- maybe a ten minute break and, then, come back. We have heard all the testimony from the applicant and the public and, then, proceed. Perhaps Mr. Nary might have some language working on -- and we can discuss it then. So, we will take a ten minute recess. So, we're not in recess. I guess I'm going to answer this. Yeah. Still recording. I can't hear you. Can you come forward. Sorry. Are you asking to provide testimony? Do you see the problem that we create when we do that, though? Woman: Yeah. So, that's what I'm asking. I didn't -- I was going to raise my hand. I thought you were going to hear from a couple of us, but we are done. Is that -- Borton: Yeah. Woman: Okay. Borton: Yeah. We are. Thank you very much though. Will be in recess. (Recess: 8:46 p.m. to 8:58 p.m.) Borton: We are back on the record. This is still Item 9-B, H-2018-0042. We have heard from the applicant. We have heard from the public and the applicant's concluding remarks. What you have on the screen before you I think -- Mr. Nary, correct me if I'm wrong, is this the current status of what at least has been discussed through today's hearing? Some of the changes? Nary: Yes , sir, Mr. President. What I have sent -- and the clerk has posted it up on the screen and Council -- is the conditions you have previously seen that are in your packet. Meridian City Council Meeting Agenda December 4, 2018 – Page 53 of 445 Meridian City Council November 20, 2018 Page 47 of 74 We have -- I made some amendments as I have discussed with you in number one -- again, there is a hard stop at the ten years. There is a requirement to request renewal one year prior to the expiration of the use, as was discussed, and, then, if the Council doesn't grant the extension then the use ceases. If they don't request the extension, the use will cease at the end of the ten year period. Number two is now deleted, because, again, that was an error that was being considered. It didn't have anything to do with this portion. So, that's now deleted. So, what is now number two hasn't been changed based on the agree -- or the discussion. What is now number three hasn't been changed in relation to the discussion. Same as number four. You go to the next page. The one that is number five -- oh, excuse me. Four was the one that was changed. I apologize. Let me see if I could find it. Oh. Excuse me. It's what's now number three is the section that says before and after process -- the recycled materials before and after processing shall be stored on the recycling property and after processing may be used on the balance of the property. So, that was the language change in that one. The next language change isn't until we get down to number 12. Excuse me. Now, it's number 11 based on the renumbering. The applicant shall provide a detailed site plan as an Exhibit B of this agreement to the city, defining the area of the recycled property area, the location of the recycling equipment, the farming property and the remainder of the property related to this development agreement. The recycled property shall not exceed the identified 36 acres in total. The only provision I haven't amended, because I wasn't clear from the Council's discussion, is what is now number nine and that's where it says the recycling property shall be located at least 300 feet from abutting residential districts within the City of Meridian and there, obviously, has been discussion on both sides of that and that's the only one from my listening to the discussion and the testimony that is still unclear to me if the Council wishes to change that. Borton: Thank you, Mr. Nary. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I would be for striking that last portion and -- and just -- and stating -- where did it go? Did it just leave? Oh. Okay. As set forth in the city -- you struck it. We are good. Palmer: Mr. President? Bernt: Sorry. I'm sorry. I guess now it's number nine. I apologize. It's sort of confusing to look at. Within the city -- within the City of Meridian. I would be for striking that last blue portion and just stopping with the period after districts. Sorry, Mr. Palmer. Borton: If we could real quick, let's kind of take these one at a time. If there is other Council comments on that consideration -- any thoughts for or against that change? Palmer: Mr. President? Borton: Mr. Palmer. Meridian City Council Meeting Agenda December 4, 2018 – Page 54 of 445 Meridian City Council November 20, 2018 Page 48 of 74 Palmer: So, what would that effectively do? Would it mean that, hey, you're done as of the moment we approve this because there is or with a new one? How does that work? Borton: Oh. Go ahead. Nary: I was going to say, Mr. President, Members of the Council, Council Member Palmer, from what -- from the way this reads it simply means the equipment can't be within 300 feet of any residential district. So, it may require they move the equipment. It doesn't prohibit the use, it only prohibits where the location of the equipment can be. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Then on -- on that I would want to keep it as you have it written. Borton: Any other Council thoughts on this? We can -- we can chew on it. We can move on. Bernt: Just one last thing. I just think it eliminates a lot of confusion, you know. Just -- it's not as messy. It's very to the point, direct, zero confusion what that statement can be depicted as. So, that's the reason why I choose to strike that last blue portion for clarification. Borton: I was generally an agreement. The reason for the question, Mr. Bernt, is I agreed with that concept and it sounded like in that good neighbor fashion that -- that the desire to not locate those types of items within 300 feet of a residential district is to be a good neighbor to residences and -- and that desire exists whether or not they are within the City of Meridian. So, if there is a residence within the county that is still within that distance, that the applicant would be required to back it up to benefit both -- so, it probably would say 300 feet from abutting residential districts or -- in the city or in the county, inclusive of an RUT zone, which is the county designation that has current residential uses. Bernt: Very clear and concise. Borton: We can chew on that. Mr. Palmer, you had another comment you wanted to make? Palmer: Yeah. Mr. President, on -- on the one where you added the -- the provision about them having to apply for a new modification of the development agreement or whatnot with a year left before the ten years is over, would that really be efficacious or can they apply for a development agreement modification the day before anyway, because -- would that remove their ability to -- to try to amend the -- the DA? So, can't you always apply for something anyway? Meridian City Council Meeting Agenda December 4, 2018 – Page 55 of 445 Meridian City Council November 20, 2018 Page 49 of 74 Borton: Well -- so, here is the -- the thought behind that process. It's somewhat similar to when you -- you have a lease and you -- you renew a release and you have to provide notice to a landlord, you know, within a certain timeframe before the lease expires. The idea so all the parties can make appropriate plans if, in fact, the lease isn't going to be continued. So, the concept here would be if the lease -- or, excuse me, if the use is intended to expire at year ten, then, let's have whatever review -- if there is ever going to be a review -- requested, completed during that last year, so the applicant would have a decision and the public would know up or down before year ten. So, for example, an application is provided and it runs its course and it's nine and a half months and if there is a decision that the use expires, now the applicant knows he's got six more months and can make appropriate plans. So, it really benefits everybody. Or if an application to continue is not made and, then, we know the intent of the applicant is to have the use cease in the normal course, the expiration would occur, and they can make plans accordingly, so -- Palmer: Mr. President? Borton: Okay. Mr. Palmer. Palmer: And I totally agree that that would be the way to do it, because it makes the most sense to plan that far ahead and whatnot, but does it -- does it tie everybody's hands if they were to get to say six months out, could they not, then, try it -- obviously it makes more sense to do it a year, especially if we are asking them to, but isn't it, essentially, just asking them to. If they get to six months and say, hey, you know what, we would like to continue this, can they, then, apply to Council to do that understanding the Council may be more heavy handed -- like you didn't apply at a year or we are not going to do it, but what if that Council says, yeah, it makes more sense. Nothing has happened. There is no more progression. We are not anticipating that. There was no more progression of -- of, you know, the normal density of houses coming that way. Yeah. You didn't apply six months ago, but it makes sense to go ahead and do something. Continuation. Couldn't they do that? Borton: Mr. Palmer -- Palmer: I didn't understand -- Borton: Sure. Palmer: I want it in there, but I want to understand what it -- Borton: Mr. Nary might -- might take this one. But my -- my thought on that provision and with the applicant's agreement to it, but it's a hard stop. If you truly have the intent to continue that use, everyone, with eyes wide open, knows the deadline. These are large capital expenditures. If there is going to be a request to continue that that type of deadlines shouldn't be overly prejudicial or come as a surprise and I think the applicant Meridian City Council Meeting Agenda December 4, 2018 – Page 56 of 445 Meridian City Council November 20, 2018 Page 50 of 74 has agreed to comply with that. It probably makes everybody see every -- any request a little earlier, which is probably better. So, if there is a ten year term expiration and there is an application the day before the ten year term expires and, then, the application processes and get -- gets continued, now really you got 11, perhaps 12 year term, even with good intentions, but that's really not the intention of this hard stop. That was the reason for the -- trying to put that -- an earlier kind of noticed trigger on behalf of the applicant. Nary: Mr. President? Borton: Mr. Nary. Nary: Maybe it -- to add on to that point, Councilman Palmer, the reason I put the language in here that it says that -- that the activity shall cease and the -- the application to apply for an extension shall be at this time, does not give any wiggle room to the time period for this use. You are correct in a development agreement you can always come and ask to change other provisions of it that may be relevant at the time, but for this particular use, because the specific languages in here, it would be my opinion -- and, hopefully, ten years from now it would be the same opinion -- is that that's what everybody agreed to. It was a ten year stop. If they wanted to renew it they had to come at nine years, not -- not -- not a little less than nine years, not just right before, but nine years. So, that's -- that would be my intention. That's what I would read it. I don't think you would read it differently in the future. So, that was our reasoning for putting in shall. Borton: Thank you. Good question. Council, any other comments? Milam: Mr. President? Borton: Mrs. Milam. Milam: What does it really take a -- do you think it would really take a whole year? I mean is that -- that whole year necessary or -- Borton: You never know. Milam: Six months you -- you should do it at nine years, but shall be no later than nine years six months. That's a should shall thing. Borton: I didn't -- I didn't have any heartburn because the applicant was in agreement. Milam: Okay. Borton: So, Council, this is -- for a brief recap, that a project previously approved, conditions of approval, which are being reviewed before us now for consideration, in Meridian City Council Meeting Agenda December 4, 2018 – Page 57 of 445 Meridian City Council November 20, 2018 Page 51 of 74 some form would be conditions that would apply to the -- the approved project. Is that correct; Mr. Nary? Nary: Mr. President, Members of the Council, yes. So, what -- what we would intend is, obviously, to provide this to the applicant. Everyone needs to read it, since we have been writing it as we are speaking, make sure it's clear. I would suggest you put it out for two weeks, we would bring it back again with findings of fact, conclusions of law, decision and order, along with these conditions that will, then, become part of a new development agreement that once that's -- the findings and conclusions and conditions are approved, we will, then, craft a new development agreement with these conditions contained within it for signature by the applicant. So, if we get those out in two weeks -- or have this back on in two weeks, that would give them time to review it. If there is any lack of clarity or any concern, then, in two weeks we would have that discussion with you, but for all intents and purposes tonight we are simply asking if these conditions look like what your intention is, we can, then, finalize the documentation to bring it back in front of you for approval. Borton: Mr. Nary, in that regard, are you -- are you -- are we in need of a vote on the conditions with direction if something were to be approved for those -- approved conditions to come back in two weeks or is it -- Nary: It's okay. Borton: Okay. Thanks. Nary: And maybe if I could add, Mr. President, Council, so if your motion is to bring back, again, the document that's up on the screen in front of you, I have made -- the only thing that's changed from what's up on the screen in front of you is the deletion on what is now number nine and I deleted the -- the within the City of Meridian and now it reads from abutting residential districts in this city or a county RUT zone and that's the only change from what's up on your screen. Borton: So, Council, that circles us back to that provision. If you want that type of change we have heard from two council members -- or three or leave it as presented. Any thought? Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: I would concur with striking that and doing the change. I think being the best possible neighbor and, like you had mentioned regarding inclusiveness -- inclusiveness regarding your address necessarily, so that we would strike that and add the new language. Meridian City Council Meeting Agenda December 4, 2018 – Page 58 of 445 Meridian City Council November 20, 2018 Page 52 of 74 Borton: Anybody else? It sounds like there is at least majority consensus to make that change to paragraph nine. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: While we still got the public hearing open and -- can we ask the applicant if they got a -- an opinion on -- or any extra insight that would be valuable for us to consider between now and when we actually vote on whether that happens on that point? Borton: On that narrow issue we could, if the applicant -- Cavener: The public hearing is still open. Yeah. Borton: The public hearing is open. If the applicant has -- is in agreement to that modified language at the end of paragraph nine, trying to capture the intent of keeping those uses away from residents, regardless of what jurisdiction they would reside. Cranny: So, initially -- a little bit of concern with -- Borton: Go ahead and state your name again. Cranny: I'm sorry. Justin Cranny. 877 Main Street, Boise, Idaho. Timber Creek has some concerns with adding the RUT language and the residential language for all purposes, simply because it takes the 36 acres that Timber Creek has agreed to work on and reduces it materially to about 30, that carve out. We are happy to do it. We just -- the 36 acres, if we have agreed to bring all the -- excuse me -- all the materials onto the recycling property and keep it on there until it's processed, those six acres really would be beneficial for the storage. It gets a little tight. That's the concern that Timber Creek has. If we could come to some -- if there is some other means we could keep the 36 acres and address it somewhere else, push it on the north side of the canal and keep it -- the 300 feet on the sides of the property, but give us a little more space so we keep the 36 for storage, no problem. It's just by pushing the 300 feet all the way around the property it carves that 36 down and makes it difficult to store and process and keep it all in that area. Borton: So, some of your current uses or anticipated uses on paragraph nine, if approved as you would propose, would be within 300 feet of a residential county property. Cranny: Potentially, yes. There would be the berm and, then, there would be where they store the -- the processed material, because we have agreed to take all that material, process it, and, then, store it on site. Meridian City Council Meeting Agenda December 4, 2018 – Page 59 of 445 Meridian City Council November 20, 2018 Page 53 of 74 Borton: So, the change required simply those materials to move no more than 300 feet to -- to comply with now the new requirement of being at least 300 feet from any residential district. It didn't seem like it was that drastic a change. Cranny: On the southern edge, for example, the -- as the canal dips down quite a ways and if you go 300 feet across, it cuts off a big portion of that area that would be used to store the processed or unprocessed material and so it cuts into the acres that we could use to store the property -- the material. So, in an effort to try and clear this up, we -- Timber Creek agreed to keep everything on that site. That acreage was just shrunk on us. So, it makes it a little more difficult for us. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Just -- I don't -- just to clarify, Justin, I don't think we are talking about like trucks or anything. I don't think -- I don't -- you know, you can drive whatever you want. If you want to drive with your trucks, material, from point A to point B to store it, I don't think we are talking about that. I think we are just talking about big processing equipment and operations. That's -- that's the -- we are not -- we are not talking about storage, we are just -- we are just talking about big processing equipment. Cranny: Within 300 -- so, no processing 300 feet, but we could -- but permit storage. That's acceptable. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: So, the -- I'm just reading the old provision number ten or condition number ten. I don't know what it is now. What is it? Number nine now. It says -- so it says add provision -- all mechanical equipment, excluding all private or commercial vehicles. That's in parentheses, like Mr. Borton asked for and operations, power driven processing, equipment and operate -- so, that's -- that's -- that's the big stuff. I mean that's like -- you know, like the stuff that makes a ton of noise. Cranny: So, the grinder. And that's fine. The 300 feet -- none of the grinders are within the 300 feet. The concern is a backhoe, a Cat, that's the concern, because they are going to use a Cat to move stuff. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: And continuing the paragraph it says power driven processing equipment and operations, shipping and delivering areas and other outdoor activity on recycling Meridian City Council Meeting Agenda December 4, 2018 – Page 60 of 445 Meridian City Council November 20, 2018 Page 54 of 74 property shall be located at least 300 feet -- so, really, it's any -- anything that you're doing on the 36 acres is 300 feet away from -- Cranny: So, with the three to six acres and, then, that -- anything 300 feet within a residential district we can't touch. So, 36 less whatever's on that 300 feet and that's -- that's, again, kind of the quagmire that they are facing right now is want to be good neighbors, but that makes it difficult. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: So, those -- say that southern property were to annex and development into the city and now with -- with that as it's written on the screen, not necessarily as you've changed it, Mr. Nary, but as it's written on the screen if -- if that property were to -- to annex and develop as residential, then, you would cut off at six acres with this writing or that writing, but when we add the -- or Ada county or whatnot, that does it now. So, we are either shrinking it from 36 acres or we are not. Cranny: So, on the southern edge here, if you look at the map itself now, I mean you see how the canal ditch clear south and -- I mean very close to the road and -- and if you use RUT language it's gone. Borton: Is it gone or is it just moved -- Cranny: Well, it's not gone, but it will be -- as drafted, the condition, we can't do any recycling activities within that 300 feet. Murgoitio: We don't need to put the grinder down in that area. There is no purpose for it. So, that was some of the neighbors' concerns is I could put the grinder right down next their house and, you know, cause an issue. We don't -- we don't need to have it that close. Borton: So, if some -- is some of the concern that uses within that paragraph nine that currently exist, which with this proposed change you would have to move what structures or -- or -- or is this a more cumbersome move? The 300 feet? Murgoitio: We just wouldn't allow them to be -- put our -- put our products there in the pile there with loaders and -- and -- and stock pile it there is what my concern is. I want to be able to stockpile kind of down in this area and the retail area is over here as well, so I think we would be pretty close to that 300 feet around that other district there, so just got to be real careful -- you know, if we are going to be stock piling in the retail area and stock piling down below, it would require a loader. Borton: I thought it was an easier suggestion, perhaps, because it just seemed as though that whatever those activities are, that they could simply, in this context, move Meridian City Council Meeting Agenda December 4, 2018 – Page 61 of 445 Meridian City Council November 20, 2018 Page 55 of 74 north, you know, up to 300 feet to try and, you know, be neighborly to the county individuals. It sounds like you're saying that that -- those types of activities are difficult to move north 300 feet. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I think it's not that there is super heavy grinding or any activity there, it's that the -- the paragraph wording to this nonlawyer looks like he can't do anything with what they are doing. He can't store stuff, because he would have to move. He can't drop stuff off, pick it up. Cranny: And that's essentially -- I mean, essentially, it's a 300 foot dead zone for any recycling activity. Now, if this was 300 feet away, great, or, you know, less, but this -- again, we -- Timber Creek has said we will take all the recycling material that comes on the property and we will keep it on the property, but we need storage. We need to store it somewhere and this carves out a huge chunk of storage space that we can't use a Cat or a front loader to move it around and use it. So, it's a dead area, which is intended -- the 300 feet needs to be -- that's the purpose of the statute, you need this dead area as a buffer. So, you know, two options. We can store things there as an option A, maybe as a good option, or, B, to the north side of the canal, let's maybe if we can store things -- items up there -- just store it there, so we can have that 300 foot. So, draw 300 feet around the entire recycling area and, then, allow for storage north of that canal. Murgoitio: Or we could just draft some language that said the grinder could not enter 300 feet on the border of the property, just as simple as that. That seems to be the bone of contention with the neighbors is the grinder. So, just limit the language to the grinder to kind of keep it away from making noise close to their property line. Borton: Hang on a sec. Council -- I appreciate that. Council, any questions? Bernt: No questions. Borton: We clarified the response on paragraph nine. Cranny: Thank you. Borton: Thank you. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Just to clarify as well. I -- if we continue this another couple weeks, so we can process this and read this and become familiar with it, will the public have another opportunity to have comment in two weeks during the public hearing? Meridian City Council Meeting Agenda December 4, 2018 – Page 62 of 445 Meridian City Council November 20, 2018 Page 56 of 74 Borton: It's up to the -- to the Council. If the Council today can close the public hearing in an effort to try and move things along, provide direction to legal staff to bring back the clean version he described and have deliberation, then, or Council can move forward today. It's up to your pleasure. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Mr. President, Mr. Nary, would it complicate things if we were to say we like your changes, to approve them, and, then when it comes back with the -- the real find -- findings and approval and whatnot, that if there was any concerns by yourselves or -- or the applicant wanting to tweak something, that we -- we reopen it to make those adjustments? That way if we like the language now, we approve it as it is, then, if there is no problems when we get to that, then, we can just approve that and move on, because every time the word continue happens I see heads from both sides of the room start swiveling. So, it seems like everybody wants some finality, whether -- whatever it may be. Nary So, Mr. President, Members of the Council, Council Member Palmer, I guess I -- what I -- what I'm asking for is some clarity. If -- if you're still not comfortable that this language is the intention of the -- of the majority of the Council, then, we need to make sure we have the majority of the Council's approval of what you want it to be. But I don't want to leave it open to, then, potentially reopen it in two weeks, because, again, the issue of whether or not the public should have been allowed to weigh in or not may become a question. If -- if you're not comfortable that this is the language or as Council Member Bernt said, maybe he wanted some time to chew on it, that's fine, you can continue it for only your discussion. You can close the public hearing. You -- only your discussion in a week. If you want to -- and, then, determine if this is the language you want. If you want to reopen it at that point, because you need more information, that's fine. Again, I -- I don't want to leave it to simply saying go craft it and if we are all good with it it will be fine, because I -- I don't know -- I guess I'm not totally sure everybody's in the same mindset at the moment and it does make it very murky to try to get to some finality. I mean if the -- is the language in here -- again -- and I understand where Mr. Cranny is coming from. If you look back at what is now number three, it says you may store the -- the products on the recycling property in number three and now a number nine it's saying that other outdoor activity, which would be storage, is not allowed on the recycling property. So, there is a conflict. So, I understand the Council's intent and I understand what Mr. Cranny is saying and, again, I'm not clear if the Council wants to create a 300 foot all the way around this, if that's your desire, then, does the 36 need to move to -- further north as part of it. That's the clarity I don't know. So, I don't know in two weeks that we could clarify that for you in language. I think we need that direction from you and if you're not ready for that tonight, that's fine, but I don't think I can clear it up otherwise. Meridian City Council Meeting Agenda December 4, 2018 – Page 63 of 445 Meridian City Council November 20, 2018 Page 57 of 74 Milam: Mr. President? Borton: Mrs. Milam. Milam: So, I'm comfortable with all of the language, except for number nine and I don't feel like we have clarity on that, that it would make it 350 feet and include Ada county property or change the layout and, then, change the language to take some of these things out and allow everything except for the grinding or processing or leave it the way it is. Palmer: Mr. President? Borton: Mr. Palmer. Borton: Yeah . I would say that we close it, continue it to give you a chance to do that, but that you fix the language, so that the grinder can't happen within 300 feet, but that storage and other movement and other activities can take place. Borton: So, to be clear, this paragraph nine would read as it does now, still have those prohibitions, but perhaps add an additional prohibition that would -- so, it would include within the City of Meridian. Period. But the grinder location couldn't be within 300 feet of any residential district, city or county? Palmer: Mr. President? That would be my intention. Milam: Mr. P resident? Borton: Mrs. Milam. Milam: And, then, removing all of the other stipulations in there; right? So, it could -- because the way it's written with any -- he can't use the property at all. If we -- if we extend this to Ada county, 300 feet of anything, that means you can't store anything, because we can't use a machine to go pick it up. Borton: Yeah. I think that -- Milam: Is that what you're saying? Borton: Yeah. I think the -- Milam: Is that what you are saying? Borton: Yeah. Milam: Eliminate the others. Meridian City Council Meeting Agenda December 4, 2018 – Page 64 of 445 Meridian City Council November 20, 2018 Page 58 of 74 Borton: What I think Mr. Palmer is saying is don't make that change now. Read it exactly as it is here, so it -- the residential district prohibition is still limited to within the City of Meridian and, then, add an additional sentence which speaks to the grinder. Milam: Add to -- Borton: Kind of a -- Milam: So, the grinder within the county and all of these within the city. Borton: Mr. Nary, is that somewhat clear? Nary: Yes. Borton: Okay. So -- Milam: In addition, a grinder cannot be within 300 feet of any house, whether in -- Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I just want to brag that I saw a couple head nods. The first of the night. And I believe it was my suggestion. I mean there is some -- some swivels, too, but a few nods. Borton: Council, any other questions? There has been a suggestion to close the public hearing, bring it back in a couple of weeks with the comments that have been made by Council and Mr. Nary's changes. What's your pleasure? Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I move we close the public hearing on Item 9-B. Milam: Second. Borton: It's been moved and seconded to close the public hearing on H-2018-0042. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: ALL AYES. Palmer: Mr. President? Borton: Mr. Palmer. Meridian City Council Meeting Agenda December 4, 2018 – Page 65 of 445 Meridian City Council November 20, 2018 Page 59 of 74 Palmer: I move we continue the public hearing -- it is still a public hearing -- continue the item until December 4th. Borton: You want to give some direction to Legal? Palmer: With those -- Nary: Mr. President, Members of the Council, Council Member Palmer, are you wanting to simply review the language for final approval? Milam: Yeah. Nary: Because if that's the case -- oh, we have to -- I'm sorry. I forgot. The 27th is actually for tomorrow. So, yes, I would prefer we have it the 4th for you to do that. So, that way Mr. Cranny can look at it as well. So -- so, I think you said December 4th. I think that would be best. Borton: Mr. Nary. Just so the direction, though, that a vote be taken tonight on those conditions, to then -- and directing them to be brought back? Nary: Yes . Borton: It's not simply a continuance, it's a vote on substance of what's in front of you and what we discussed. Palmer: So moved. Milam: Second. Borton: Is that a -- Mr. Palmer, is that a motion to approve with these modified conditions or -- motion to approve these modified conditions. Excuse me. Palmer: Correct. With the -- with what's on the screen, with the addition of how we worded that with that extra sentence, ensuring that the grinder won't operate within 300 feet of city or county residences, but the other operations can still take place as depicted on the screen. Borton: Second agree? Milam: Second agrees. Borton: It's been moved and seconded. Mr. Nary, is that clear enough for the direction of this pending motion? Nary: Yes, sir. Meridian City Council Meeting Agenda December 4, 2018 – Page 66 of 445 Meridian City Council November 20, 2018 Page 60 of 74 Borton: Okay. Any discussion of Council? So, Mr. President? Borton: Mr. Bernt. Bernt: We are going to vote on something that we haven't even seen. Like -- I mean I - - we are looking at it right now and I -- I -- just for clarification, I -- are we going to vote on what we are seeing in front of us right now as something that's for approval? Borton: Yes. That's the motion before you. Are these proposed conditions to be the conditions applicable to this project, with perhaps -- Nary: So, Mr. President, Members of Council, Council Member Bernt, you are voting on the conditions as you have directed. What you are going to look at in two weeks is to be sure that what I have captured is what you have directed. I believe I have, but that's what you're voting on. If in two weeks you -- you come back and say that's not what -- that's not what I meant, okay, that's fine, but I -- I'm trying to capture the language as you have done it, just to help you with your motion, as your discussion, and there is probably some words I think that's needed, because it is hard to write on the fly, but what I think the intention was to say is all mechanical equipment, excluding all private or commercial vehicles and operations, power driven processing equipment and operations on the recycling properly shall be located at least 300 feet from abutting residential districts. All shipping and delivery areas and storage and other outdoor activities of the recycling property shall be located at least 300 feet from abutting residential districts within the City of Meridian. So, the grinding, the power driven stuff, has to be done there, but there are storage and there is some usage of equipment in the storage area, but it's not the grinding and such. That's what I understood your separation of uses were. Bernt: Why can't we just vote on this in two weeks and not right now. Just have two weeks to look at it and, you know, just to check it out and make sure all the I's are dotted and all the T's were crossed and then -- Milam: We are going to vote on it. Bernt: I just don't understand why we have to vote twice. I think it's silly. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I agree with Council Member Bernt. I appreciate the great work of Counsel Nary encompassing the comments and kind of building this on the fly and, again, perhaps I'm in the -- in the minority on this is that if we are -- if we are adding an additional condition I would also support continuing a public hearing to allow the public to comment on that. So, I recognize that the public has said we don't want to keep Meridian City Council Meeting Agenda December 4, 2018 – Page 67 of 445 Meridian City Council November 20, 2018 Page 61 of 74 dealing with this issue, make a decision, but I feel that I can't support, you know, a vote tonight on -- on what's before, between so many stricken lines and blue lines and red lines -- Bernt: I agree. Cavener: -- it's just not something that I'm supportive of. Borton: Mr. Nary, am I allowed to make a substitute motion -- Cavener: Oh, please. Nary: Yes, you may. Cavener: Because I know how much you love substitute motions. Borton: I wasn't going to, I just wanted to ask. A substitute motion, if someone were to make one, could be to do -- rather than vote on it tonight, the public hearing remains closed, continuing it for two weeks to bring back these conditions for our review and ultimate deliberation and decision. Does that -- it sounds like that might capture what Councilman Bernt and Cavener are -- Bernt: I think it's a perfect motion, with what President -- President Borton just stated. I think it's perfect. Very well said. Cavener: Want him to make that motion. Milam: Then say so moved. Bernt: So moved. Palmer: Second. Borton: It's been moved and seconded, on a substitute motion. Any discussion on that? Cavener: Council President Borton. Borton: Mr. Cavener. Cavener: Before -- before there is a vote I just want to make sure this may be an appropriate time. There is some -- we had some further disclosures that I think are important to be made and I don't know if we want to do that before. I would prefer that we do it before the vote, just to provide greater clarification to the public. Let me pull up my -- and I know that the hour is late and many of you folks want to get home. Earlier tonight in the public testimony Mrs. Britt reminded me of a conversation that we had had Meridian City Council Meeting Agenda December 4, 2018 – Page 68 of 445 Meridian City Council November 20, 2018 Page 62 of 74 -- it looks like on October 4th in which there was some concerns that were raised and I thought it was important, I couldn't recall the conversation, thanks to the clerk for my ability to find that information and I just think it's important for those that are in attendance and those that would come back and watch it for the record, that I just want to address that if -- if the Council could give me a couple of minutes. So, on October 4th at 2:46 p.m. I received an e-mail from Kathleen Britt that stated: Chris -- and I will just give -- unfortunately, I just wanted to read this verbatim. Chris recommended I contact you directly for information regarding the campaign donation from the Murgoitios that you referred to during the public hearing, so that he can provide the record. Could you identify the date and amount of the contribution and the name it was made, so he could provide the correct record. Thank you. Exclamation mark. Kathleen. I responded six minutes later at 2:46: Hi, Kathleen, I'm not sure who is Chris and what record you are requesting. All campaign finance forms for all candidates are on the city web page. At 3:00 -- at 3:00 o'clock Mrs. Britt responded: Chris is the city clerk and, then, at 3:01 also sent -- and so which contribution were -- were you referring to in the hearing. At 3:18 I responded: Hi, Kathleen. Maybe I'm confused. The city clerk is C.Jay Coles. Are you referring to the county clerk. His name is Chris Rich. I'm not sure campaign finance forms for the city our housed on the county web page. I'm happy to help, but want to make sure we are talking about the same thing. My cell is 208-695- 4536. Feel free to give me a call. And I think it is important just to add for the record, because this wasn't initially included, but at 3:20 p.m. I received an e-mail from Chris Johnson, who is our new deputy city clerk, that said: Good afternoon, Luke. A resident Kathleen Britt may contact you to inquire about your campaign finance disclosure forms in response to a public record request through are PRR. We have provided her the file we maintain, the declaration of candidacy, treasurer appointment disclosure, etc., for each council member. She has come back today asking about your comment about receiving a contribution for the -- from Murgoitio. We have directed her to contact you for clarification and have advised her since this is an open application you cannot discuss off the record. I think I see what you were referring, but since that would be -- involved you interpreting the record I cannot help her with that. And, then, he links to my campaign finance form. Then at 3:39 I sent an e-mail to Kathleen that says: Hi, Kathleen. It looks like we were getting to the bottom of your e-mail. It sounds like you have had a conversation with Deputy Clerk Chris Johnson. It also appears Mr. Johnson provided you with copies of mine and all council members campaign finance forms. Please see the e-mail from Mr. Johnson where he -- and I write this in parentheses -- I have bolded for clarification, end parentheses, indicated he informed you that because this is tied to an open application I am prohibited from speaking about this off the record. While I disagree and feel that comments about campaign finances are separate and something I'm willing to speak about, I do feel obligated to follow the direction from the clerk and legal staff. In an effort to be transparent, I'm forwarding this e-mail to the clerk, along with the e-mails from today. I will also ask for the opportunity to address this on the record if applicable. I know I forwarded my cell and as soon as possible I would be happy to chat and answer any questions or concerns you have. Best, Luke. So, a couple things I just wanted to show. One, I owe Mrs. Britt an apology, because I confused you with another citizen that had contacted me, so my apologies for that. But, two, I think it also shines a light that the information that we received we responded in Meridian City Council Meeting Agenda December 4, 2018 – Page 69 of 445 Meridian City Council November 20, 2018 Page 63 of 74 kind and I think it sounds like Mrs. Britt heard from numerous people that because this is an open application we can't speak. There is an additional piece that I think is important to add to the record and that is that at 3:44 p.m. I sent an e-mail to our city clerk C.Jay Coles, and I cc'd Mrs. Britt on that it states: Hi, C.Jay. Below is an e-mail between myself and Kathleen Britt cc'd on this e-mail. It sounds like Chris Johnson had some communication with Kathleen in which he shared that I can't speak about the Timber Creek application, because it's still an open application. I think in the light of this it's important to include that e-mail within the record as well. Tonight, because I was having problems with my computer, I asked Mr. Coles if he was able to pull that record up. It was at that time that we learned that for whatever reason that wasn't added to the public record, which is also the reason why I'm reading that all tonight, to make sure that it is added to the record. Again, Mr. Coles was out sick that day, which is why Mrs. Britt dealt with our deputy clerk and -- and very well is the reason why it wasn't added to the record. So, again, my apologies for taking a little bit of liberties, but I thought, again, in light of the concerns that we hear from our public about transparency, specifically related to this, I wanted to go over and above and make sure every element of that was covered on the record in every way possible. So, I appreciate your time and consideration. In addition, one other thing that I think is important to ask, because it was raised by legal counsel and was my plan to -- to address it at the end of the meeting -- as was indicated, I was not here on the November 7th meeting. Myself and Council Member Milam were at the National League of Cities Conference in Los Angeles. I had an opportunity between a break to watch about half of our meeting live and was able to capture the other half of that meeting when I returned home. Felt confident in my abilities to be able to participate in the conversation this evening, which I have done so as well. So, I thought it was important to add that to the record as well. Borton: Thank you, Mr. Cavener. Any other discussion on the pending motion? Seeing none, is everyone clear what the motion on the floor is? Okay. And it was a motion to go to December 4th. Two weeks. Is that a yes? Bernt: Yes, sir. Borton: Mr. Clerk. Coles: Mr. President, just to clarify, the public hearing is still closed forever. Okay. Very good. Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE NAY. C. Public Hearing for Jocelyn Park Subdivision (H-2018-0100) by Jarron Langston, Located near the SW corner of W. Victory Rd. and S . Meridian Rd. Meridian City Council Meeting Agenda December 4, 2018 – Page 70 of 445 Meridian City Council November 20, 2018 Page 64 of 74 1. Request: Preliminary Plat consisting of 23 single family residential lots and 2 common lots on 13.32 acres of land in an R -8 zoning district Borton: Thank you, everybody, for lasting through that. The process continues, so I appreciate all of your input and participation in this. The next item on the agenda, Item 9-C, is a public hearing for Jocelyn Park Subdivision, H-2018-0100. This is an application I had provided to the record to the clerk that one of my law partners has brought forward. We have discussed it. I know nothing about it and will continue to recuse myself in all respects to this application and will turn the hearing over to Vice- President Cavener. Cavener: Thank you, Council Member Borton. Council, Mr. Lakey, some grace. This is my first time holding the gavel. God help us all. We will try and do our best to make this -- through it. So, with that we will open Item 9-C, a public hearing for Jocelyn Park Subdivision, H-2018-0100. We will begin with staff comments. Beach: Very good. Members of Council, Mr. Vice-President, before you this evening is an application for a preliminary plat called Jocelyn Park. Before I start with my initial rundown of the location and what's being proposed, I will say that since the -- there is a memo in your packet there that indicates that we received as staff some revised drawings from the applicant since the October 18th hearing. Some -- some changes were made -- slight changes. I think beneficial changes. I can go through them quickly. The applicant has added a 15 foot micro path from South Cumberland Way to the common lot platted with Timberline Subdivision. This will help in breaking up the block lengths, as indicated by my mouse here. So, it will be a five foot pathway and five foot of landscaping on either side of that and, then, a nonbuidable common lot was placed adjacent to the south boundary of parcel number S125110160. In addition of this nonbuildable common lot will clear up the property boundary dispute between the two parcels and I will go to the landscape plan that is indicated in this parcel here. Currently there is a boundary dispute. My understanding is that the applicant will clear this up in the future by having this be a common lot potentially deeding that property to that property owner to eliminate the issue. Once the applicant eliminates the existing turnaround on West Winnipeg Street, which you can -- you can see in a kind of a dashed line here and the applicant vacates the right of way -- there is also an exhibit attached in your -- in your staff report, but you can kind of see that there is a dashed line across -- physically going through the house. That portion of that property will be -- become part of that parcel once it is vacated and no longer considered right of way. But that -- that turnaround would need to be vacated prior to doing so. The alignment of Cumberland Court as indicated by my mouse here, has shifted slightly to accommodate the ten foot, nonbuildable common lot and as such all the lots within Block 2 have been slightly modified in both shape and size. So, moving back to summary of the project. As I said, this is an application for a preliminary plat. The site consists of 13.32 acres of land. Is zoned R-8. It's located near the southwest corner of West Victory and South Meridian Roads. This property was annexed in 2013 as part of the Victory South Annexation. The Comprehensive Plan future land use map designation is medium Meridian City Council Meeting Agenda December 4, 2018 – Page 71 of 445 Meridian City Council November 20, 2018 Page 65 of 74 density residential. The applicant is proposing to develop the site with 23 single family residential lots and your hearing outline says two, but with the addition of the pathway lot would be three common lots. The gross density of the proposed plat is 1.73 dwelling units per acre, with a net density of 2.62, which falls within the target density of the medium density residential designation. The average lot size is greater than 15,000 square feet. All of the proposed lots comply with the dimensional standards. Staff is of the opinion that the proposed density is appropriate for the area and compatible with adjacent uses and zoning. All adjacent residential uses are zoned RUT in Ada county, R-8 and R-4 and that the proposed zone would be consistent not only with all the surrounding neighborhoods, but also with the Comprehensive Plan. You can see the access is proposed for this site via one access to West Winnipeg Street to the east, which is indicated by my mouse here on this south portion of the property and one to the west, West Cumberland Drive. The applicant is also proposing one additional stub street to the parcel to the northeast for future connectivity and to limit direct access to West Victory Road, which is indicated here with a turnaround. Sidewalks are required along all public streets. The applicant proposes to construct a five foot wide attached sidewalk along internal streets and a five foot detached sidewalk along the entire frontage of West Victory Road. Any existing and proposed fencing for the development shall be included in either a site plan, landscape plan and shall comply with the standards of the UDC. A minimum of ten percent qualified open space is required to be provided for the development based on the area of the development, which is 13.32 acres. A minimum of 1.33 acres of qualified open space is required. The applicant has proposed 19.9 percent open space for the development or 2.65 acres. Also noting that with the addition of that common pathway lot that open space increases slightly. All developments consisting of five or more acres are required to provide a minimum of one site amenity. One additional amenity is required for each additional 20 acres. Based on the size a minimum of one qualified open space is required to be provided. The applicant proposes to provide a tot lot and gazebo as amenities for the subdivision. In the staff report we asked that the applicant provide more specific details of the proposed amenity. These are the conceptual elevations and this is the detailed amenity as requested. The Commission did recommend approval. A summary of that hearing are Victor Villegas was the applicant's representative. He was in favor. There was none in opposition. No other comments. No written testimony. I was the staff member that presented the application. No other -- no other staff that commented. There were no key issues of public testimony. Key issues of discussion by the Commission were location of fencing in relation to the irrigation canal. It's going back to that. This is the Ridenbaugh Canal on the north. There was some concerns about being fencing along there. UDC does require that. Question on is there a requirement to have a turnaround for the fire department on the northeast corner. We have covered that. The applicant has shown that on their plan now. The distance is over 150 feet. The fire code requires there to be a turnaround. Commission changes to staff recommendation is to add a condition 1.1.9 to read as follows: At the east end of West Cumberland Drive the applicant shall provide a turnaround that meets the standards of the Meridian Fire Department. As you can see we just discussed that. There were no outstanding issues for Council. There have been no written testimony since the Commission hearing. And staff will stand for any questions. Meridian City Council Meeting Agenda December 4, 2018 – Page 72 of 445 Meridian City Council November 20, 2018 Page 66 of 74 Cavener: Thank you, Josh. Council, any questions for staff? All right. Mr. Lakey, welcome. Always nice to have you here. Appreciate your -- your patience this evening. Lakey: Thank you. Thank you, Mr. President. It's good to be here on your maiden voyage. I will try to be gentle. Council Members, for the record, my name is Todd Lakey. Address is 141 East Carlton here in Meridian, Idaho. Mr. President, Council Members, I will start out again by thanking staff for their recommendation of approval and the Planning and Zoning Commission's recommendation of approval. I will just emphasize a couple of the high points and our agreement with some of the conditions that are included in the recommendation of approval. As was mentioned, the plat conforms with the Comprehensive Plan. The R-8 zoning, we are less -- much less dense than we could pursue on this particular piece of property. We are looking at about -- greater than 15,000 square foot lot average size and, then, you can see from the renderings that these are -- are nice homes. This is, essentially, an in-fill project for this particular property and as was also mentioned, we are, essentially, doubling the requirement for open space from ten percent to really 19.9 or 20 percent. You saw the renderings for the tot lot and gazebo and the micro path connection. I can talk about it here on the landscape plan just as well as a plat, but we are also requesting and P&Z recommended approval. Normally there is a 750 foot block length requirement by the city. This is longer -- this block length is longer than that 750 foot requirement, but the project next to us has an approved plat. It did not have the stub street tied into our project in that location. There is a park here that we are connecting with that pathway to help break up that distance and, then, we are connecting up here to the north as soon as we can into that project. So, there was a longer distance approved on the project adjacent to us. That's why we are trying to be consistent and -- and provide some connectivity in addition of that pedestrian pathway. We also will provide the required fencing. They mentioned -- staff -- Josh mentioned that here along the Ridenbaugh Canal, which flows through the -- the north portion of the property, just south there of Victory. The landscaping we are required to include is on both sides of the canal the fencing will run along here, alongside of that common area to help provide that separation and safety and protection for the canal. We included the revised plat with a turnaround meeting the fire district requirements. We are in agreement with that. And, then, also this project essentially is filling some old settling ponds from the old sewer site. I think. Sewer district. And so as part of that we have to do some in-fill, bringing a substantial amount of in-fill to fill in those ponds. We will have a geotechnical engineer involved in that. There is a requirement now proposed and, then, city Public Works will have an opportunity to review that report to make sure everything complies. So, with that we are in agreement with the recommendations of approval and we would ask for your approval and I would be happy to answer any questions if you have them. Cavener: Thanks, Todd. Council, any questions for Mr. Lakey? Bernt: No questions. Thanks, Todd. Cavener: No questions. Meridian City Council Meeting Agenda December 4, 2018 – Page 73 of 445 Meridian City Council November 20, 2018 Page 67 of 74 Lakey: Oh. I thought he said a question. Okay. No questions. All right. Cavener: This is a public hearing. Mr. Coles, has anyone signed up to testify? Coles: Thank you, Mr. Vice -President. We had one sign up. Brenda Blitman would like to testify. Milam: Was she the last hearing? Coles: She was part of the last hearing. So, other than that there were no others that indicated, Mr. Vice -President, they wanted to provide testimony. Cavener: Is there anyone in the audience that would like to testify? Okay. Great. Mr. Lakey, any summarizing comments? I know you just sat down, but as you are aware you have the last word. Lakey: Mr. Chairman, I don't want to debate myself. I just appreciate your approval and conclude. Cavener: Thank you. Council? Milam: Mr. Vice-President? Cavener: Thank you. Council Member Milam. Milam: I move we close the public hearing an Item 9-C. Bernt: Second. Cavener: Motion and a second. Any discussion? Mr. Clerk. Oh, we are not going to roll call. All in favor. No nays. Great. MOTION CARRIED: FIVE AYES. ONE RECUSED. Cavener: We will get through this. I promise. Milam: Mr. Vice-President? Cavener: Mrs. Milam. Milam: I move we approved H-2018-0100. Borton: Second. Cavener: Motion and a second. How about now, Mr. Coles. Meridian City Council Meeting Agenda December 4, 2018 – Page 74 of 445 Meridian City Council November 20, 2018 Page 68 of 74 Roll call: Borton, recused; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE RECUSED. D. Budget Amendment for Solid Waste Advisory Commission (SWAC ) Projects Not to Exceed $27,458 Cavener: Council, Mr. Lakey, thank you. Appreciate your patience with me tonight. Council appreciate your support. Mr. Borton, we have completed Item 9-C. I will be turning the gavel back over to you for 9-D. Borton: Thank you, sir. Cavener: So, no damage was done. Borton: 9-D is a budget amendment for SWAC. Karie Glenn is going to be presenting. Thanks for staying late. Glenn: Mr. President, Members of the City Council, in front of you is a budget amendment for SWAC. Basically I'm here simply put asking for spending authority for some projects that were previously approved through SWAC and City Council. Those projects are either completed and looking for their reimbursement or projected to be completed this spring, to -- coming forward being completed are the parks projects as listed. The Meridian Library District. Their tiny library is done. They had their ribbon cutting October 1st, so they are just kind of holding out for their reimbursement. So, just looking for the spending authority at this point for projects that were already approved. Borton: Okay. Thank you for that. Glenn: Any questions? Borton: Council, any questions? Okay. Cavener: Comment. Karie, thanks for staying late. We appreciate you. It's -- it's rare that we get to see you. It's very rare that we get to see you this late, so I appreciate you being here just -- Glenn: Yes . I do have to admit it is past my bedtime. Cavener: Well, we will try -- we will try and expedite this through. Glenn: No worries. It was all interesting. Thank you. Cavener: We will blame Mr. Coles. Borton: If there is no discussion, is there a motion? Meridian City Council Meeting Agenda December 4, 2018 – Page 75 of 445 Meridian City Council November 20, 2018 Page 69 of 74 Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: We -- we ended up with a little bit of discussion. Normally this would be Councilman Milam's as the liaison to SWAC, but in the process of changing I ended up having the discussion with Dale. So, thank you very much. And with that I move that we approve the budget amendment for the Solid Waste Advisory Committee, not to exceed 27,458 dollars. Milam: Second. Borton: It's been moved and seconded to approve the budget amendment for SWAC as described. Any discussion? If not, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. Glenn: Thank you so much. E. Police: Budget Amendment for Criminal Investigation Division Vehicle Replacement Not to Exceed $29,000 Borton: Item No. 9-E. Budget amendment number two. Criminal Investigation Division vehicle. Chief Lavey, the floor is yours. Lavey: Mr. President, Council, I know how much my liaison likes budget amendments, so I waited until he was my appointed liaison before I submitted one, since it's been a while. Actually, in front of you is an emergency budget amendment, not to exceed 29,000 dollars. This would include a price of a vehicle, removal of the equipment from an old car and install equipment in the new car and why are we doing this? This car was slotted for replacement this past budget year, but we pulled it because of the new matrix system. So, we decided to see if we could go another year. Two months ago it was rear ended. Not our fault. The car was totaled. The value of the car is 6,000 dollars. Our deductible from ICRMP is 2,500 dollars. ICRMP has issued us a check in amount of 3,836 dollars and are attempting to get our deductible back through the other insured party, but we currently need funds to purchase and replace a new vehicle and I stand for any questions. Borton: Thank you, chief. Council, any questions? Palmer: Mr. President? Borton: Mr. Palmer. Meridian City Council Meeting Agenda December 4, 2018 – Page 76 of 445 Meridian City Council November 20, 2018 Page 70 of 74 Palmer: I don't mind budget amendments when it's a car I get to drive. They don't let me drive the fire trucks or the vacuum truck. Bernt: They let you drive this car? Cavener: Those are good reasons. Palmer: No. I'm kidding. I only get to drive the bumper car out there, but -- I move we approve the budget amendment for the Criminal Investigation Division vehicle replacement not to exceed 29,000 dollars. Bernt: Second. Borton: It has been moved and seconded to approve Item 9-E. Is there any discussion? If not, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. Borton: Thank you, chief. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: And if anybody hasn't had a chance I would encourage you to talk one of them into letting you go do the PIT maneuver. Cavener: Council Member Palmer, is at Law Enforcement Fantasy Camp. Lavey: Only if he supplies the cars. Item 10: Department Reports A. City Clerk's Office: Proposed Fee Update Borton: I'm going to move on before this gets sideways. Item 10-A is a department report by yours -- ours city clerk. Coles: Thank you, Mr. President. Just a brief update this evening. All of you have in your packet -- your packet this evening a letter from the Idaho State Police Department informing the city that the federal background check will be increasing $1.25 per application starting January 1st. We provide -- we perform background checks on four Meridian City Council Meeting Agenda December 4, 2018 – Page 77 of 445 Meridian City Council November 20, 2018 Page 71 of 74 of our applications -- or application types and we send them to ISP to complete. ISP does a portion and, then, also there is a federal background check that the FBI completes. That is the price that is increasing, the $1.25 fee. It's a pass through fee. We collect that and, then, every month we remit a check to ISP to pay for those -- those services. So, it's going up regardless it will -- so, there is a couple of options in front of the Council. The city can absorb that cost or we can approve that increased fee, because it's going to go up regardless. The FBI is increasing January 1. So, really, before you this evening is I just have a -- kind of a thumbs up, thumbs down question, if -- whether or not to proceed forward with the public hearing process to -- to ask the public whether or not we should increase that fee or not. So, I'm just bringing that before you to let you know the FBI is increasing $1.25 per application starting January 1. It's a pass through fee that we collect and remit every month to ISP to pay for those services and kind of get a sense of the Council thumbs up, thumbs down, whether or not to continue that process and get a formal vote in December. So, I stand for any questions. Borton: Thank you, Mr. Coles. Council, any questions on that? Cavener: President Borton? Borton: Mr. Cavener. Cavener: Thumbs up on my end, but maybe just some -- some advice as well is to maybe reach out to some of our customers that have relied on this over the past couple of years. This might not be something that's on their radar and just make sure that they are aware and giving them the opportunity to come in for a public hearing if they feel it's warranted or the opportunity to contact Council for information for the record. Coles: Absolutely. We maintain a list of -- of applicant -- previous applicants to let them know when changes are happening and we can reach out and let them know, hey, be aware. This is going to be on the Council's radar in about a month. Cavener: Thanks. Borton: Perfect. Council, any other concern? We got a general thumbs up? Coles: Very good. We will be back in the middle of December for the formal vote and the public hearing. Item 11 : Ordinances A. Ordinance No. 18-1797: An Ordinance (H-2018-0074– Whitecliff Estates Subdivision) For Annexation Of A Parcel Of Land Being Meridian City Council Meeting Agenda December 4, 2018 – Page 78 of 445 Meridian City Council November 20, 2018 Page 72 of 74 The NE ¼ Of The NW ¼ Of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification of 40.60 Acres of Land From RUT To R-4 Medium Low Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Borton: Thanks, C.Jay. Item No. 11. We have one ordinance, Ordinance No. 18-1797. Mr. Clerk, if you would read this ordinance by title. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 18-1797: an Ordinance file H-2018-0074 – Whitecliff Estates Subdivision, for annexation of a parcel of land being the NE ¼ of the NW ¼ of Section 36, Township 4 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 40.60 acres of land from RUT to R-4, Medium Low Density Residential Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Borton: Thank you, C.Jay. You have heard the ordinance read by title only. Does anyone wish to hear it read in its entirety? Seeing none -- Milam: Mr. President? Borton: Mrs. Milam. Milam: I move we approve Ordinance No. H-2018-0074 with suspension of rules. Bernt: Second. Borton: Are there two ordinance numbers? Meridian City Council Meeting Agenda December 4, 2018 – Page 79 of 445 Meridian City Council November 20, 2018 Page 73 of 74 Milam: Did I read it wrong? Borton: No, you had it right, but I see Ordinance 18-1797 and then -- Milam: Oh, yeah. The number. Yeah, you're right. Borton: Which one is right? Milam: The first one is right. So, I had the wrong number. Coles: Ordinance No. 18-1797. Milam: 1797. Borton: Okay. Thanks. Milam: Project number. Yeah. Coles: The second is the file number of the project. The first number is the actual ordinance number, Mr. President. Borton: It's been moved and seconded to approve Ordinance 18-1797. Any discussion? If none, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics Borton: Thank you. Item No. 12, Future Meeting Topics. We have a couple of them. Mr. Cavener, maybe others, had a comment about having some code enforcement 101 and I think on the 27th, chief? We are going to have that presentation. Lavey: Mr. President, the PowerPoint presentation is already, so I'm hoping we can still have, yes. Already to go. Borton: Perfect. Kind of walk through and educate us. Lavey: I have -- I have seen it. I was impressed. So, I think it's what you're asking for. Borton: Perfect. Thank you, chief. We have next -- the next meeting we have kind of the continued Benefits Committee discussion. So, there is a whole lot of heavy lifting with that data and decisions. Kind of a heads up. That will probably be a meaty discussion, but any other future meeting topics? Meridian City Council Meeting Agenda December 4, 2018 – Page 80 of 445 Meridian City Council November 20, 2018 Page 74 of 74 Cavener: Mr. Borton? Borton: Mr. Cavener. Cavener: A couple, if you will. Just to put on everyone's radar, if it hasn't been discussed already. December 25th is a Tuesday. We are not going to be having a meeting that day, nor the day after. So, we will be canceling your meeting for that week. However, just to put on your calendar we will be meeting on January 2, which is the day after New Year's Day, so assuming that we are all able to be here, but if not let's, please, make sure we are communicating that to the clerk, so we can make sure that we don't have any quorum issues. In addition, Council President Borton, I have a couple other topics that I would like to be considered for future meeting topics, preferably by the end of the year. Number one, it's been a while since we have heard from -- from Lime and I know that they have been working with staff, so perhaps a dual presentation from Lime and staff as to where we are in that process and any feedback for Council would be ideal. Be ideally before the end of the year to get an update as to City Hall's movement in the Mayor's office, movement towards implementing a government accountability officer and, then, also before the end of the year -- I have asked for this once before and recognize that there has been a lot of moving parts, but a presentation or discussion amongst Council about who will be representing Council when they speak for the city. We had an issue I think tied to Lime where a city employee spoke on behalf the Council before really speaking to us. We had some similar issues last year at the legislature. Just so that we are all on the same page and the Council can be included into those discussions before someone is speaking on behalf of the City. Recognizing that's a lot and we have only a few short meetings, but I just want to make sure that those are on the agenda setting calendar, so, hopefully, we can have those addressed before the end of the year. Borton: Anything else? If not then -- oh, Mr. Hood. Hood: Thank you, Mr. President. Just so you all know, I slipped -- while you were in Executive Session -- the My Meridian Vision document in front of you all. If you want another copy or two to hand out I do have a few extras, but this is the document that Brian McClure spoke to you on three, four weeks ago. So, it is on the website as well, but -- and I have a hard copy. But, again, let me know if you want anymore. Milam: Thank you, Caleb. Borton: Thanks, Caleb. And the steering committee meets the second week of December? Hood: December 15th I believe is the date. Borton: Mr. Bernt is all over it. Meridian City Council Meeting Agenda December 4, 2018 – Page 81 of 445 Meridian City Council November 20, 2018 Page 75 of 74 Bernt: I'm there. Hundred percent. The entire time. Borton: Okay. Is there a motion to adjourn? Milam: So moved. Bernt: So moved. Borton: Been moved and seconded sort of. All those in favor say aye. MOTION CARRIED: ALLAYES. Borton: We are adjourned. MEETING ADJOURNED AT 10:06 P.M. (AUDIO R PMNG-_O. ILE OF THESE PROCEEDINGS) MAYOR T�PY DE WEERD DATE APPROVED ATTES . < � ORp,SEDAUG�S C. J Y COL , CITY—(f LERK owe r� p oily of CAVI E IDIAN�- IDAHO �� SEAL the City Council Meeting Agenda November 20th, 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: 11/20/2018 Hearing Type: Public Forum Active: There are no signatures posted for this meeting type yet. Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 6 A Project File Number: Item Title: Proclamation Rocky Mountain High School Girls & Boys Soccer - State Champions Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Estimated Time f or P resentation: Title of I tem - Rocky M ountain High School Girls & B oys Soccer - S tate Champions C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Mayors Office Coles, C.J ay Approved 11/16/2018 - 8:33 A M Meridian City Council Meeting Agenda November 20, 2018 – Page 5 of 370 A� E IDIAN The office of the-'Alayor PROCl.2l-Al A TION Whereas, being a Rocky Mountain soccer player is more than scoring points, making assists, stealing the ball and achieving a state title. It is training to build leadership, character, confidence, teamwork and resilience — all traits needed to succeed on the field, in the classroom and in the real world; and, Whereas, for the 2018-2014 season, the Grizzly Girls Soccer Team brought home the second State Championship in girls soccer in school history; and, Whereas, the Rocky Mountain Girls Soccer team never backed down from familiar opponents and took home the Idaho Class 5A Girls' State Soccer Championship Tournament trophy with a victory in a shodtout following overtime; and, Whereas, the capturing of the state title builds school spirit and allows these student athletes to walk the halls of Rocky Mountain with a little extra swagger; and, Whereas, the leadership, training and discipline of Head Varsity Coach Donal Kaehler and Assistant Varsity Coaches Amber Pinkston, Aisha Reed, and Nicole Vaughan helped team members Kelsey Jargstorf, Heather Rickerl, Grace Wilson, Jada Reed, Kelsey Oyler, Ainsley Terada, Leah Harbaugh, Kasey Wardle, Sierra Blaine, Kaitlyn Ramon, Larissa Wegner, Jordyn Dalling, Mandy Berg, Alli Miller, Cassidy Quick, McCall Pugh, Violet Rademacher, Tryne Tamminga, Brynn McGarvey, Mandy Larsen, Nicole Gieser, Mylee Carver, Nadia Kincaid, and Mary Meeks focus their talents and passion to become a winning team, with each player making valuable contributions to their victory. Therefore, I, Mayor Tammy de Weerd, do proclaim November 20`x', 2018 as .Zocky Mountain Gtr&'Soccer A, " State Charn_ptons Day in the City of Meridian and call upon the community to join me in congratulating the Grizzlies on their remarkable athletic achievement and for representing Meridian so proudl in the state tournament. Dated this 20th day of November, 2018 Tammy eerd, Mayor Joe Borton, City Council President Luke Cavener, City Council Vice President Anne Little Roberts, City Council Genesis Milam, City Council Ty, Palmer, City Council Treg Bernt, City Council E IDIAN H0 9'he office of the 34ayor PRO CLA-M.2LTION Whereas, being a Rocky Mountain soccer player is more than scoring points, making assists, stealing the ball and achieving a state title. It is training to build leadership, character, confidence, teamwork and resilience -- all traits needed to succeed on the field, in the classroom and in the real world; and, Whereas, the Rocky Mountain Grizzlies Boys Soccer team won a regular -season league title, the program's first district crown, their first state title, and an academic state championship as well; and, Whereas, through their strong desire to exhibit excellence in all they do, there hard work and effort resulted in an overtime shootout victory, to win the Idaho Class 5A Boys' State Soccer Championship Tournament; and, Whereas, the capturing of the state title builds school spirit and allows these student athletes to know they are champions — something that can never be taken away from them — providing a place in the history of Rocky Mountain High School; and, Whereas, the leadership, training and discipline of Head Varsity Coach Bill Taylor and Assistant Varsity Coaches Ben Tanner, Tom Fetzer, and Skyler Bell helped team members Ethan Bengtzen, Collin Codina, Caden Cope, Jake Daniels, Ryken Dizes, Brogan Doyle, Pierce Graver, Coby Hunt, Kyle Jones, Brett Juhasz, Pablo Maldonado, Josh Nipper, Keegan Oyler, Peter Palavos, Jonah Peterson, Gavin Pollock, Brandon Poole, Kristian Quiros, Isaac Szuch, and Noah Shoemake focus their talents and passion to become a winning team, with each player making valuable contributions to their victory. Therefore, 1, Mayor Tammy de Weerd, do proclaim November 20`h, 2018 as Rocky .7Vlountain Boys' Soccer If State Champions Day in the City of Meridian and call upon the community to join me in congratulating the Grizzlies on their remarkable athletic achievement and for representing Meridian so proud y in the state tournament. Dated this 20'h da 17 of November, 2018 Tammy d eerd, Mayor Joe Borton, City Council President Luke Cavener, City Council Vice President Anne Little Roberts, City Council Genesis Milam, City Council Ty, Palmer, City Council Treg Bernt, City Council City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 7 A Project File Number: Item Title: Approve Minutes of November 7, 2018 City Council Regular Meeting Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of November 7, 2018 C ity C ouncil Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 11/13/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/13/2018 - 8:41 A M Meridian City Council Meeting Agenda November 20, 2018 – Page 6 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 Agenda November 20th, 2018 Agenda Item Number: 7 B Project File Number: Item Title: Temporary Construction Easement with Christopher and Janice Hendry of 1052 East Sicily Street for the Meeting Notes: Replacement of a Sewer Service. I TEM SHEET C ouncil Agenda I tem - 6.B . Presenter: Estimated Time f or P resentation: Consent Title of I tem - Temporary Construction E asement with C hristopher and J anice Hendry of 1052 E ast Sicily Street for the Replacement of a Sewer Service. C hris topher and Janice Hendry have exp erienc ed a coup le of s ewer o verflows into their home at 1052 East S ic ily S treet as a res ult of the sewer servic e being ins talled at a reverse grade d uring cons truc tion of the S ic ily S ub d ivision. T he C ity will hire a c ontrac tor to cons truct a new sewer service from the s ewer main in East S ic ily S treet to a point o n the property of 1052 Eas t S ic ily where the s ewer s ervic e c an be graded to d rain correc tly. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P W Memo Cover Memo 11/15/2018 Construction E asement - Hendry E xhibit 11/15/2018 RE V I E WE RS : Department Reviewer Action D ate P ublic Works.J ohnson, Chris Approved 11/14/2018 - 5:27 P M P ublic Works.B aird, Ted Approved 11/15/2018 - 6:35 P M Meridian City Council Meeting Agenda November 20, 2018 – Page 106 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 107 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 108 of 370 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: 911y Clerk City of Meridian 33 E. BroadwayAvenue L4efidlan, ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2018-111710 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 11/26/2018 10:05 AM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Christopher D. Rich 2018-112110 BOISE IDAHO Pgs=6 VICTORIA BAILEY 11/27/2018 10:06 AM CITY OF MERIDIAN, IDAHO NO FEE ccp rci ca vr� pq�-D r6ade ar On r�o�an� JAC (Space Above For Recorder's Use) TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT ("Easement") is made and entered into of it this'day2018 ("Effective Date"), by and between the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ( "City"), and CHRISTOPHER AND JANICE HENDRY individuals whose address is 1052 E Sicily St, Meridian, Idaho (hereinafter "Customers") (collectively, "Parties"). WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; and WHEREAS, Customers are the owners of parcel number R7897340370, located at 1052 E. Sicily Street, Meridian, Idaho, in Ada County, Idaho (hereinafter "Subject Property"); and WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such auth'or'ity; .1- JUgh Jof &jM TWCusto Orshoerebygraut_Jothe City, and City'�R agents, employees :and. contractors, a temporaryaty easement over and acrossthe SubJeetIroperty, with the temporary right to, enter onto the Subject -Property, for the purpose of'performing.the :construction of:a new sewer service. City shall have andBoldt said ea . of entry, until the new sew-erst Moe is constructed., 2. 1ML This Easement shall automatically terminate thikW (3 0) days from the, Effective Date; .unless earlier terminated as provided.. he -rein. The term -may be extended by Customers by written notice to the city, I Ugg& The City shall riot permit to be placed against the property; orany part, of any- design Professionals'; mat n -s,, contractors., or subcontractors' lions with. regard to the City, s actions upon the Subject Property.. The. -City agrees to hold the. Customers harmless for 'any loss or expense, including -reasonable attorney's fees and costs-, arising from such liens which might he:f[led:against the Subject Propprty, 4. Compliance The City' shall in.all activities. undertaken pursuant to this gase.ment, comply and cause its contractors, agentsand employeesto comply with all, -federal, state, and local laws, statues, -orders, ordinance.-, rules,' regulations, plans,- policies,, and. decrees-, Without limiting the generality of the -foregoing, the City, Otit$solo cost A , a - nd expense, shall obtafit any and all permits which may be required by any law, regulation;ox ordinance for any activities City desires to Conduct ot-direct pursuant to, this Easement. 5. lel` kealProperty Interest , It - is. expressly understood that this Easement does nest in. anyway wtX4UoOM'gr or .Subject Trqperty,to.theCity, -Easement 61 Attorney fees. --Should any. -litigation be commenced -between the: Parties hereto concerning this Easement, thepr 'pa'rty shall be entitled, in additionto agy,othar-rdliefv: WAY bop granted, to court costs and reasonable attorrieY fees as deterrniied by such court, Thi provision shall, be, deemed to be a separate contract. I. Termination, Grounds for termination of this .Easement shall include, but shall -not be limited to:: an act or omission by either party which breaches any term of this agreement,. an 40- of nature or other unforeseeable. event which precludes or malms impossible to perfor stance -of the terms of thi$:4groo by either part; ,or change in or occurrence of eiroftstone. -,e � � . % that. renders thepatformame by -either party a detriment to the public health, safety, or welfare: This Easement: may be terminated at any time, by either party upon three (3) business days' written notice to. be -served upon th-e:other party. ri 8, Ass_'w"went. This Agree an:each and -all ofthoier.M.Sand 0ou i0lishoro-ofsh4oply to and are binding upon all employees, agoritgcolitt4otorg, officials, officers, servants,,. guests,, invitees, Reeg.. successo . tan& assigns ,of the.patties. im e-is1, Pagel of -4 'ModdlOn.C.Ity O.ound MeatingA90hdo Nqv6mber20,;20I8 Pago 110 Of -370, 0, Restoration:ofthe.–P—top-6j±L, hnall,. at its own cost and expense., restore the kbject'Pr6pbrty to its P:ft.iotb'onditi6nfhwhich - t was; prior the � City's entry, 10 A -hf 10 orggiffiii -.-, This Ageem obutaits: t entirep es 41% Sul) - -- and all other, agreements -'A whoth , pxoVious: sup seder-�"-aftof, any.. ow, understandings, oral - or, v to-, "I 6xewtiwi .hereof or contemporaneous herewith. it A-D-proval'tQqaired. This ;Agreement shaiinot: becomoMotive or. binding until approved by the a - I.C"i t- Y 12, Rea%C' shall cord this'E'a sehlem, aVC Y's cost INWUM$$--TIEMW)F epartigs hereto the .day and year herein first writ h 1 (146 D2 IWAAMP I'll Notary Pi bile Staw ho 'Connitsiloh NUftib.-JOr.101*10-1-4 My Giymml>;sign t* r 9 2624 pfro$ AO Mee Hendry Notary POW A -*0 of. 100ho' My CamthissionE101r.os A 24 $IWM'6F. WAHO County -- o m (M8 L -day- of b bre the,undeisigried,. it Miaty P� c: in the State -.of per. uatlyw, p txioAo be. .royo jo t W. roti - � appealed7 thehexeac�cngveledged td tree that a executed the. same r -$$.W-H'B two ho set -my b##d and 40W - r 1STATE OF IDAHO 'County of, 1HEREBY -CERT IFYIlystf, on'thil s eforo ign dallotaryT liemn -e * persojbL w Who executedthesaldiugttamefi that -gho=executed the same. IN WXMSS-,, WHERE:CF,z I'lim. hereu my official -sreal, the day and year in this -written. -Idaho Roalditig at 14Y Commission Expires: at in'the State of -14aho, ,UU proven we ta and, acknowledged to -me, IW and, affixod. first above, MorldWnOlty Oojjnejt Wating, Aprid'a Novombor:20,20-age, 111 of*8Y0 Idaho 3-014. 9. Restoration of the k UggibL Upon: the termination or revocation of this Easettient, the City shall, at its own cost and expense,. restore the 9*ezt, Property to -its prior: condition in which it was prior the City's entry, 10, _BAflreA,=-,gmenL ThisAgroei --w oontair s the ontire agreement oftho.pattieg, and -supersedes any and all other, agreements or understandings, oral or written,, whether previous to -the execution hereof or contemporaneous herewith. 11. Approval required. This Agreement shad not become effeotiveor-binding: until approved lhek Moridian Oty Council. 11. RegWatiom, City shall record this Casement, at City's cost. IN WTTK$ S_ ` 'HEREOF, the par -ties hereto have: executed-, this P,,Isem mt on the . day and year herein first we y. Notaty, Mile StAtt. My:rrommissinn Expires Apr 9f. 2614 In jMwUendry EWAOCTH 0.1604T, Notary "t f 11thl' y before the, and rs gi ed,. a Notary in tile. State-.ofIddho, persanaily appeared I_MMISTOPMk 14END b the WtWMefted to ](no titpt lie4XI00ftd. the oftei IN Wmim WHEREOF, t have h . d d axed hereunto so -troy Am an - X0, m� official seal, :the day andyear. inthis aerhfoate first above ke$14ffid At Idaho 1STATE OF IDAHO_ ,county of MPL_ ) I.HEREBY CUP A _,T t this day -0) 2-012 .'befbm,*th -on igned,:aXotary the. State vf-ldaho, . I q� . P011c, in - personallypippeareA JANICEM-NDItY to me to be the _,proven, Versot, who executed -the said instrument, and acknowledged to me that -she -executed -the same. IN WTINM WHEREOF, 1have hereunto set%lny hand and, affixed nW!offfoiaLw4 the dayandywr in this certificate first above, written.. -,,-I No ding 16f �Idaiho g4 d I Couir inssion V 4r _XP rer Page 3. -of 4 Meridien City. Council MoetIrtgAphoo November 20,.20!*8:P.ag& 111 o0 CITY Attest: —J�X C. I(by Col f s)City Cleric STATE OF IDAHO ) ss: County of Ada ) I HEREBY CERTIFY that on this Q day of WOyem(k 2PK6 before the undersigned, personally appeared Tammy de Weerd and C.Jay Coles, known or identified to me to be the Mayor and City Cleric, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, 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 COMMI�D ,jj , NOT" 'J- iiI I STA C' r MY COnnnn ,r Notary Public for ,�q a-h�o .Residing at l � , l � Idaho My Commission Expires: -p.Oa 2— ' ------------- CHARL CHARLENE WAY COMMIS COMMISSION 067390 h 4 (i ,) NOTARY PUBLIC NO RY UBI Ir STATE OF IDAHO S TE OF COMMISSION EXPIRE53/28/22 MY CO ISSION Page 4 of 4 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 7 C Project File Number: Item Title: Irrigation Crossing Agreement with the Bureau Of Reclamation At The Sundell Lateral for The South Linder Sewer Trunk Extension Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.C. Presenter: Estimated Time f or P resentation: Consent Title of I tem - Irrigation Crossing Agreement with the Bureau Of Reclamation at T he S undell L ateral for T he S outh L inder S ewer T runk Extension. T he Engineering Divis io n b udgeted money in fis cal year 2018 for multip le sewer main extens ion and sewer main replac ement projec ts. T his sewer main extens ion projec t was named the “S o uth Lind er S ewer Trunk” projec t and is p art o f the S o uth Meridian annexatio n agreements. T his task order is for the design of S o uth Linder S ewer Trunk p ro ject from a po int s outh of the intersec tion of O verland R oad and Linder R o ad to a point b etween Vic tory R oad and Amity R oad alo ng Lind er R oad. T he projec t inc ludes ap p ro ximately 930 feet of 15-inc h gravity trunk s ewer and 3,015 feet of 12-inc h gravity trunk s ewer with the d o wns tream connec tio n at manho le S S MH #3 ins talled with the S o uthridge S ub d ivision P has e 2 develo p ment. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo Cover Memo 11/15/2018 A greement A greements / C ontracts 11/15/2018 RE V I E WE RS : Department Reviewer Action D ate P ublic Works.J ohnson, Chris Approved 11/14/2018 - 5:10 P M P ublic Works.B aird, Ted Approved 11/15/2018 - 6:22 P M Meridian City Council Meeting Agenda November 20, 2018 – Page 113 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 114 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 115 of 370 RETURN TO: Contract No. 19-07-11-L5028 Bureau of Reclamation Attn: MSF 6112 230 Collins Road Boise, ID 83702 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Arrowrock Division, Boise Project, Idaho CONSENT TO USE THIS CONSENT TO USE, hereinafter referred to as Consent, made the � day of , 2018, pursuant to the Act of Congress June 17, 1902 (32 Stat. 388; 43 U.S.C. §391), and acts amendatory thereof or supplementary thereto, collectively referred to as the Federal Reclamation Laws, specifically, Section 10 of the Reclamation Project Act of 1939 (53 Stat. 1196), between the UNITED STATES OF AMERICA, hereinafter called the United States, by and through the Bureau of Reclamation, Department of the Interior, hereinafter referred to as Reclamation, and the CITY OF MERIDIAN, hereinafter referred to as Consentee. WITNESSETH, THAT: WHEREAS, in connection with the Arrowrock Division, Boise Project, Idaho, the United States, pursuant to Federal Reclamation Laws, constructed, operates, and maintains certain irrigation works hereinafter referred to as the Sundell Lateral; and WHEREAS, said Sundell Lateral, is operated and maintained by the Boise Project Board of Control, hereinafter referred to as the Board, under a repayment contract with the United States; and WHEREAS, the Consentee desires the United States to give consent to construct, install, operate and maintain a sewer trunk line, under and across the Sundell Lateral; and WHEREAS, the proposed use has been reviewed and determined to be compatible with project purposes. NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter stated, the parties hereto do mutually agree as follows: CONSENT AND LEGAL Subject to the terms and conditions of this Consent, the United States does hereby consent to the Consentee, or its agents, installation, operation and maintenance of an 8" sewer trunk line encased in a 12" sleeve, a minimum of 3 feet, under and across the Sundell Lateral. Located to near the intersection of S. Linder Road and W. Victory Road, in the City of Meridian, Ada County, Idaho, in a portion of the NW'/4NW'/4, of Section 25, Township 3 North, Range 1 West, Boise Meridian, and shall be installed in the manner and at the location shown on the attached Exhibits A, B and C, by this reference made a part hereof. CTU: 19-07-11-L5028, City of Meridian. Page 1 of 8 Meridian City Council Meeting Agenda November 20, 2018 – Page 117 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 118 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 119 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 120 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 121 of 370 written. IN WITNESS WHEREOF, the parties hereto have executed this Consent the day and year first above CONSENTEE UNITED STATES OF AMERICA By Melanie J. Paquin Deputy Area Manager Bureau of Reclamation 230 Collins Road Boise, ID 83702-4520 This Consent has been considered and is hereby approved by the Boise Project Board of Control the T91"" day of�G�bc.={�- , 2018. By (iZk Robert Carter, NYanager ACKNOWLEDGEMENT STATE OF IDAHO ) )ss County of Ada ) On the Z= day of OA�0= , 2018, personally appeared before me, the undersigned notary, Robert Carter , known to me to be the official of the Boise Project Board of Control who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said Board, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. C' ARDS �o'•. 4:01 ARY dOPa : G o Pui3v ^':0 i 6.94M ,,•.,,TATE SOV` ; •`'. - N klr� Notar ublic in and for the State of Idaho pp Residing atd.�a' My commission expires 3- 12_--Z�)ZI CTU: 19-07-11-L5028, City of Meridian. Page 7 of 8 ACKNOWLEDGEMENT STATE OF IDAHO ) )ss County of Ada ) Ont be 2 �I day of N bVM1b eK , 2018, personally appeared before me G r Cf�LwnI �- , to me known to be the official of the City of Meridian, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City of Meridian, for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY COMMISSION 0673N (SEA ) NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3r&V= STATE OF IDAHO Notary Public in and for the State of Idaho Residing at q1PVU.&0-LJ My commission expires 8-ay-a0Q0 ACKNOWLEDGEMENT )ss County of Ada ) On the day of _ 'eJ �-r, 2018, personally appeared before me to me known to be the official of the United States of America that executed the within ang foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. LINDA HAMMOND NOTARY PUBLIC • S NFE OF IDAHO (SEAL) COMMISSION NUMKR2018195 MY COMMISSION EXPIRES 6-29-2024 Notafy Public in and for the State of Idaho — Residing at My commission expires & 1292C)2 i CTU: 19-07-11-L5028, City of Meridian. Page 8 of 8 New Sewer Lines QQ _ Section wmmmomsmog Township Range Parcels ESE- _ - - 0 4 NEVE ath: P:\21 J 3 Sewer Pi NWNW i -Linder Sundell Lateral Crossing lNI 90 180 I Feed \PERMITS\BOR Permit - Sundell Lateral Cro—inns Su Exhibit A W Overland Rd DN U V) 1 � J (.0 W Victory Rd 1° V) 3 Sewer Pi NWNW i -Linder Sundell Lateral Crossing lNI 90 180 I Feed \PERMITS\BOR Permit - Sundell Lateral Cro—inns Su Exhibit A Meridian City Council Meeting Agenda November 20, 2018 – Page 125 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 126 of 370 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 7 D Project File Number: H-2018-0113 Item Title: Final Plat for Jump Creek No. 3 (H-2018-0113) by Trilogy Idaho, Meeting Notes: Located on the NW corner of N. Black Cat Rd. and W. McMillan Rd NO I TEM SHEET C ouncil Agenda I tem - 6.D. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for J ump C reek No. 3 (H-2018-0113) by Trilogy Idaho, L ocated on the NW corner of N. Black Cat Rd. and W. M c M illan Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 11/14/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/14/2018 - 11:54 A M Meridian City Council Meeting Agenda November 20, 2018 – Page 127 of 370 Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 11/20/2018 TO: City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0113 Jump Creek No. 3 PROPERTY LOCATION: The site is located on the west side of N. Black Cat Road, midway between W. McMillan Road and W. Chinden Boulevard. I. PROJECT DESCRIPTION A final plat consisting of 62 single-family residential lots, 7 multi-family residential lots and 12 common lots on 21.64 acres of land in the R-8 and R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 21.64 Future Land Use Designation MDR (Medium-Density Residential) Existing Land Use Vacant Proposed Land Use(s) Single-family residential Current Zoning R-8, R-15 Lots (# and type; bldg/common) 62 SFR, 7 MFR, 12 Common Density (gross & net) 3.69 Gross, 5.08 Net Open Space (acres, total [%] / buffer / qualified) 22.8%, 4.93 Acres (specific to this phase) Amenities Micropaths, a multi-use pathway and a required tot lot Physical Features (waterways, hazards, flood plain, hillside) None History (previous approvals) AZ-14-011; PP-14-013; Instrument #2014-105206; FP-14- 046; H-2016-0134 Meridian City Council Meeting Agenda November 20, 2018 – Page 128 of 370 Page 2 B. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant Trilogy Idaho B. Owner: Viper Investments C. Representative: Kent Brown Planning IV. STAFF ANALYSIS The proposed final plat consists of 62 single-family residential building lots, 7 multi-family building lots and 12 common lots on 21.64 acres of land in the R-8 and R-15 zoning districts. The minimum property size is 4,800 square feet with an average of 6,819 square feet. Because the number of building lots and the amount of common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. Meridian City Council Meeting Agenda November 20, 2018 – Page 129 of 370 Page 3 A. Open Space In the development agreement, the applicant was required to provide 15% open space for the development, or 12.89 acres of land. The applicant has provided a total of 8.96 acres of open space for the development. There are several phases of the project that have not come in for final plat. The applicant will be required to meet the 15% overall open space as set forth in the development agreement. B. Revised Site and Landscape Plan The applicant has revised the final plat slightly to reflect changes to the adjacent proposed subdivision. The proposed subdivision to the north would have created double-fronted lots with the previous location of their public street, so a common lot along what were Lots 7-14, Block 1 was required in this location with the preliminary plat to eliminate this problem. The proposed subdivision to the north has since redesigned their plat and moved the street further north on their plat, thus eliminating this as an issue. The applicant has modified the plan to eliminate the common lot north of Lots 7-18, Block 14 and has instead placed a micropath lot between Lots 7 and 9 of Block 1 to connect to the Oaks Subdivision. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Meridian City Council Meeting Agenda November 20, 2018 – Page 130 of 370 Page 4 VI. EXHIBITS A. Preliminary Plat Meridian City Council Meeting Agenda November 20, 2018 – Page 131 of 370 Page 5 B. Final Plat Meridian City Council Meeting Agenda November 20, 2018 – Page 132 of 370 Page 6 C. Landscape Plan (Not Approved) Meridian City Council Meeting Agenda November 20, 2018 – Page 133 of 370 Page 7 Meridian City Council Meeting Agenda November 20, 2018 – Page 134 of 370 Page 8 VII. PLANNING AND PUBLIC WORKS COMMENTS & CONDITIONS 1. The applicant is to meet all terms of the approved annexation (AZ-14-011), preliminary plat (PP- 14-013) and development agreement (Instrument #2014-105206) for this development. 2. Per the recorded development agreement, the applicant shall construct the collector road (W. Malta Drive) to the W. Joseph Drive intersection and bollard the central access for a pedestrian connection. Details of this conversion and a recorded license agreement with ACHD shall be submitted prior to signature on the final plat. 3. The applicant has until August 23, 2020, to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 4. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 5. Prior to submitting for building permits for any multi-family structures, the applicant shall receive Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) approval. 6. Revise the notes on the face of the plat prepared Gregory G. Carter prior to signature on the final plat by the City Engineer, as follows: a. Note #2: Remove Lot 10, Block 10 and Lot 1, 3, 6, 7, &12, Block 13, Lots 1-5, Block 15and all of Lot 11, Block 10 and Lot 2, Block 13 from portions of lots affected by the ACHD storm water drainage easement as the easement is not graphically depicted on those lots; or, graphically depict the easement on these lots if they do exist. b. Add a note that references the recorded development agreement (Instrument #2014-105206). c. Note #9: Include recorded instrument number. d. Add a note as follows: The rear lot lines of Lots 12-14, Block 4, and Lots 8 and 10, Block 16 shall incorporate a mix of materials, windows and decorative trim, pop-outs, covered porches and two variations in the roof lines to provide articulation and modulation to the side and rear facades that face the arterial and collector streets. e. Note #11: Include recorded instrument number. 7. The landscape plan prepared by South Landscape Architecture, dated 9/21/2018, is approved with the following modifications: a. Per the recorded development agreement, the applicant shall provide a tot lot on Lot 5, Block 15, consistent with the landscape plan approved with the preliminary plat. 8. All fencing shall be installed in accordance with UDC 11-3A-7. 9. Stormwater integration facilities shall comply with the standards listed in UDC 11-3B-11C. 10. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 11. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 12. Prior to the issuance of a building permit, the final plat shall be recorded. 13. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 14. Future homes constructed within the subdivision must comply with the submitted elevations approved with the recorded development agreement. Meridian City Council Meeting Agenda November 20, 2018 – Page 135 of 370 Page 9 15. The applicant shall maintain surface water delivery to the adjacent properties and participate in the maintenance of the drainage ditches within and near the boundaries of the Jump Creek property in accord with the recorded development agreement. 15. The developer shall comply with the best practice standards approved with the recorded development agreement as follows: Continue groundwater monitoring of the site through at least next irrigation season to more accurately gage peak levels and confirm current estimates. The soils report and groundwater monitoring are to be referred to and documented in the construction documents as each phase is designed. Particular attention is to be paid to finished lot grades in relation to estimated ground water levels. Construction drawings with each development phase shall include a master grading plan addressing drainage within each block and the drainage patterns on each lot. The plans shall also include: a. Finished grades for all roads, back of curbs at lots, rear lot line swales, side lot line swales where appropriate; b. Lot existing grade prior to grading operations; c. Lot finished grade to be achieved following grading operations; d. Minimum and Maximum top of foundation wall elevations for each lot; e. Reference to the soils reports and recommendations provided by the soils consultant; f. Reference to the “Recommendations for Homebuilders” memo provided by the soils consultant; and g. The homebuilder to comply with required top of foundation elevations or submit an engineered site grading plan certifying compliance with grading plan. 16. The streetlight plan submitted with the development plans shall be revised to include the current City of Meridian streetlight notes. Remove note that states 2013 standards. Plan shall show the difference between Type 1 and Type 2 lights. Type 1 lights are required on Black Cat Road. Type 2 are required for interior roads. 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 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 deve lopment, 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. Meridian City Council Meeting Agenda November 20, 2018 – Page 136 of 370 Page 10 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 irriga tion 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 Meridian City Council Meeting Agenda November 20, 2018 – Page 137 of 370 Page 11 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 20, 2018 – Page 138 of 370 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 7 E Project File Number: H-2018-0116 Item Title: Final Plat for Gondola View Subdivision (H-2018-0116) by West Ada School District No. 2, Located East of. N. Black Cat Rd on the North side of W. Gondola Dr. Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 6.E . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for Gondola View Subdivision (H-2018-0116) by West Ada School D istrict No. 2, Located East of. N. B lack C at Rd on the North side of W. G ondola D r. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report Cover Memo 11/16/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/15/2018 - 3:00 P M Meridian City Council Meeting Agenda November 20, 2018 – Page 139 of 370 Gondola View – FP H-2018-0116 PAGE 1 STAFF REPORT MEETING DATE: November 20, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Gondola View – H-2018-0116 I. APPLICATION SUMMARY The applicant, West Ada School District No. 2, has applied for a final plat (FP) consisting of one (1) building lot on 9.05 acres of land in the R-4 and R-8 zoning districts for Gondola View Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Gondola View Subdivision final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0116 as presented in the staff report for the hearing date of November 20, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0116, as presented during the hearing on November 20, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0116 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 east of N. Black Cat Rd. on the north side of W. Gondola Dr., in the west ½ of Section 27, T. 4N., R. 1W. B. Applicant: West Ada School District No. 2 2301 E. Lanark St. Meridian, ID 83642 C. Owner: Same as applicant Meridian City Council Meeting Agenda November 20, 2018 – Page 140 of 370 Gondola View – FP H-2018-0116 PAGE 2 D. Representative: Matt Munger, WH Pacific, Inc. 2141 W. Airport Way, Ste. 104 Boise, ID 83705 V. STAFF ANALYSIS The proposed final plat depicts one (1) building lot on 9.05 acres of land in the R-4 and R-8 zoning districts. Development is required to comply with the dimensional standards of the applicable district as set forth in UDC Tables 11-2A-5 and 11-2A-6 for the R-4 and R-8 zoning districts respectively. The proposed final plat consists of two lots that were included in two separate preliminary plat applications for Bainbridge (PP-13-011) and Volterra North (PP-10-004) Subdivisions. The common lot for the street buffer along W. Gondola Dr., a collector street, was included in the Vicenza Subdivision No. 2 final plat and constructed with that development. No landscaping is required with this application. Staff has reviewed the proposed final plat for compliance with the aforementioned dimensional standards and found the plat to be in compliance with those standards. Staff has reviewed the proposed final plat for consistency with the approved preliminary plats and found there is one (1) fewer building lot than was depicted on the preliminary plats. Because the number of building lots has decreased, Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat per the standards listed in UDC 11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexations [Development Agreement Instrument #111010393 (Volterra North) and #109061598 (Bainbridge)] and preliminary plats (PP-10-004 and PP-13-011) associated with this property. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of the City Engineer’s signature on the final plat for the previous phase; or apply for a time extension on the preliminary plat in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by WH Pacific, stamped on 10/1/18 by Travis P. Foster, shown in Exhibit C shall be revised as follows: a. Note #7: Include the recorded instruments for the development agreements associated with this property (#111010393 & #109061598). 5. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 11- 3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plats does not relieve the Applicant of responsibility for compliance. 7. This project falls within the boundaries of the; “12-inch water main – Ten Mile and McMillan Roads west – approximately 100 feet” and the “Black Cat water main reimbursement” areas. Applicant shall be required to pay reimbursements based on those agreements. Meridian City Council Meeting Agenda November 20, 2018 – Page 141 of 370 Gondola View – FP H-2018-0116 PAGE 3 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 e xecute 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 developmen t, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. Meridian City Council Meeting Agenda November 20, 2018 – Page 142 of 370 Gondola View – FP H-2018-0116 PAGE 4 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 d istrict or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City 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 Meridian City Council Meeting Agenda November 20, 2018 – Page 143 of 370 Gondola View – FP H-2018-0116 PAGE 5 development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plats for Volterra North & Bainbridge Subdivisions C. Proposed Final Plat (dated: 10/1/18) Meridian City Council Meeting Agenda November 20, 2018 – Page 144 of 370 Gondola View – FP H-2018-0116 PAGE 6 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda November 20, 2018 – Page 145 of 370 Gondola View – FP H-2018-0116 PAGE 7 Exhibit B – Approved Preliminary Plats for Volterra North & Bainbridge Subdivisions Meridian City Council Meeting Agenda November 20, 2018 – Page 146 of 370 Gondola View – FP H-2018-0116 PAGE 8 Exhibit C – Proposed Final Plat (dated: 10/1/18) Meridian City Council Meeting Agenda November 20, 2018 – Page 147 of 370 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 7 F Project File Number: H-2018-0114 Item Title: Final Order for TM Crossing No. 3 (H-2018-0114) by SCS Brighton, LLC, Located at the NE corner of 1-84 and S. Ten Mile Rd. Meeting Notes: mt APPROVEO I TEM SHEET C ouncil Agenda I tem - 6.F. Presenter: Estimated Time f or P resentation: Title of I tem - F inal Order for T M C rossing No. 3 (H-2018-0114) by S C S B righton, L L C , L ocated at the NE corner of I-84 and S. Ten M ile Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F inal Order Findings/Orders 11/15/2018 E xhibit A E xhibit 11/15/2018 E xhibit B E xhibit 11/15/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/15/2018 - 8:21 P M Meridian City Council Meeting Agenda November 20, 2018 – Page 148 of 370 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUB. 3 – FP H-2018-0114 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 7, 2018 IN THE MATTER OF THE REQUEST FOR 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 TM CROSSING SUBDIVISION NO. 3 BY: SCS BRIGHTON, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2018-0114 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on November 7, 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 TM CROSSING SUBDIVISION NO. 3, LOCATED IN A PORTION OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE: 9/20/2018, by KELLY KEHRER, PLS, SHEET 1 OF Meridian City Council Meeting Agenda November 20, 2018 – Page 149 of 370 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUB. 3 – FP H-2018-0114 Page 2 of 3 4,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 7, 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 20, 2018 – Page 150 of 370 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 0 day of I VQY'2YY1bQ�1� , 2018. IM Fm d l� ode 130r-t6v� QDµ1.SEDAUG`s dean ('pu►"1C11 rr �bIG�2rl� Attest: o� merUJan �Chy or w E IDIAN (baIDAHO y Colesu SEAL City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: ('haJIAV—On, Dated: I ES H8 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUB. 3 — FP H-2018-0114 Page 3 of 3 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 EXHIBIT A Meridian City Council Meeting Agenda November 20, 2018 – Page 152 of 370 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 20, 2018 – Page 153 of 370 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 20, 2018 – Page 154 of 370 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 20, 2018 – Page 155 of 370 Page 5 A. Preliminary Plat Meridian City Council Meeting Agenda November 20, 2018 – Page 156 of 370 Page 6 B. Final Plat Meridian City Council Meeting Agenda November 20, 2018 – Page 157 of 370 Page 7 Meridian City Council Meeting Agenda November 20, 2018 – Page 158 of 370 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 20, 2018 – Page 159 of 370 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 20, 2018 – Page 160 of 370 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 20, 2018 – Page 161 of 370 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 wat erways, 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 20, 2018 – Page 162 of 370 From:Kameron Nauahi To:Sonya Allen ; C.Jay Coles; Charlene Way ; Chris Johnson Cc:Jon Wardle; Mike Wardle; Bill Parsons Subject:RE: TM Crossing Sub. 3 FP H-2018-0114 Staff Report Date:Tuesday, November 6, 2018 3:41:48 PM Attachments:image006.png TM Crossing Sub 3 FP H-2018-0114 Staff Report.pdf All, We have reviewed the attached staff report for TM Crossing Subdivision No. 3, and agree with staff’s conditions of approval. Since we have missed the deadline for consent agenda, we ask that staff include in their summary to council tomorrow that the applicant agrees with the conditions and Brighton does not have any comments. 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: Wednesday, October 31, 2018 10:36 AM To: C.Jay Coles <cjcoles@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc: Kameron Nauahi <knauahi@brightoncorp.com>; Jon Wardle <jwardle@brightoncorp.com>; Mike Wardle <mwardle@brightoncorp.com>; Bill Parsons <bparsons@meridiancity.org> Subject: TM Crossing Sub. 3 FP H-2018-0114 Staff Report Attached is the staff report for the proposed final plat for TM Crossing Sub. 3. This item is scheduled to be on the City Council agenda on Nov. 7th . 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 20, 2018 – Page 163 of 370 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 20, 2018 – Page 164 of 370 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 7 G Project File Number: H-2018-0079 Item Title: Findings of Fact, Conclusions of Law for Burlingame Subdivision (H-2018-0079) by Yuriy Mukha, Located near the NW corner of W. Cherry Ln. and N. Black Cat Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.G. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for Burlingame S ubdivision (H-2018- 0079) by Yuriy M ukha, Located near the NW corner of W. C herry L n. and N. B lack C at Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 11/15/2018 E xhibit A E xhibit 11/15/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/15/2018 - 10:22 A M Meridian City Council Meeting Agenda November 20, 2018 – Page 165 of 370 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-00079 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request 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, by Yuriy Mukha. Case No(s). H-2018-0079 For the City Council Hearing Dates of: November 7, 2018 (Findings on November 20, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 7, 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 20, 2018 – Page 166 of 370 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-00079 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 7, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for an amendment to the Development Agreement, a Rezone and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 7, 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 20, 2018 – Page 167 of 370 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-00079 - 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 November 7, 2018 Meridian City Council Meeting Agenda November 20, 2018 – Page 168 of 370 By action of the City Council at its regular meeting held on the 20'*' day of NoVe M ba' 2018. COUNCIL PRESIDENT JOE BORTON VOTED `I( COUNCIL VICE PRESIDENT LUKE CAVENER VOTED jt6 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_j? COUNCIL MEMBER TY PALMER VOTED _% COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) C(71,Q ()Cl 1 Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: 0-U)8Dated: City Clerk's Office I/a6-19 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-00079 -4- MAYOR 4 - Exhibit A 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. The Meridian City Council heard these items on November 7, 2018. At the public hearing, the Council approved the subject RZ, MDA and PP requests. a. Summary of Council Public Hearing: Meridian City Council Meeting Agenda November 20, 2018 – Page 170 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 2 i. In favor: Becky McKay ii. In opposition: Denise LaFever iii. Commenting: William McEwen, Denise LaFever, Kent Blake, iv. Written testimony: none v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. William McEwen had concerns about the height of the proposed home aabutting his property. He has concerns about privacy for the Montessori school they operate. ii. Concerns about the increase in density from the previous version of this development. c. Key Issues of Discussion by Council: i. The location of a proposed fire hydrant d. Key Council Changes to Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0079, 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 Meridian City Council Meeting Agenda November 20, 2018 – Page 171 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 3 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) 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 Meridian City Council Meeting Agenda November 20, 2018 – Page 172 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 4 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 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) Meridian City Council Meeting Agenda November 20, 2018 – Page 173 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 5 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 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 Meridian City Council Meeting Agenda November 20, 2018 – Page 174 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 6 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. 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. Meridian City Council Meeting Agenda November 20, 2018 – Page 175 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 7 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. 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. Meridian City Council Meeting Agenda November 20, 2018 – Page 176 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 8 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. 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. Meridian City Council Meeting Agenda November 20, 2018 – Page 177 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 9 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) 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 20, 2018 – Page 178 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 10 Exhibit A.1: Vicinity/Zoning Maps Meridian City Council Meeting Agenda November 20, 2018 – Page 179 of 370 Exhibit A 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 20, 2018 – Page 180 of 370 Exhibit A 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 20, 2018 – Page 181 of 370 Exhibit A 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 20, 2018 – Page 182 of 370 Exhibit A 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 20, 2018 – Page 183 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 15 Meridian City Council Meeting Agenda November 20, 2018 – Page 184 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 16 Exhibit A.6: Building Elevations Meridian City Council Meeting Agenda November 20, 2018 – Page 185 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 17 Meridian City Council Meeting Agenda November 20, 2018 – Page 186 of 370 Exhibit A 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 20, 2018 – Page 187 of 370 Exhibit A 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 th e 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 20, 2018 – Page 188 of 370 Exhibit A 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 fenci ng 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 20, 2018 – Page 189 of 370 Exhibit A 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 20, 2018 – Page 190 of 370 Exhibit A 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 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 11-1-4B. Meridian City Council Meeting Agenda November 20, 2018 – Page 191 of 370 Exhibit A 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 20, 2018 – Page 192 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 24 4. FIRE DEPARTMENT Meridian City Council Meeting Agenda November 20, 2018 – Page 193 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 25 Meridian City Council Meeting Agenda November 20, 2018 – Page 194 of 370 Exhibit A Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 26 Meridian City Council Meeting Agenda November 20, 2018 – Page 195 of 370 Exhibit A 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 20, 2018 – Page 196 of 370 Exhibit A 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 20, 2018 – Page 197 of 370 Exhibit A 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 20, 2018 – Page 198 of 370 Exhibit A 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; Council 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; Council 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, 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; Council 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 Council 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. Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council 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. Council finds the amendment is consistent with the applicable provisions of the 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, Meridian City Council Meeting Agenda November 20, 2018 – Page 199 of 370 Exhibit A specifically the purpose statement; Council 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; Council 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. Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable as the request is for a rezone. Meridian City Council Meeting Agenda November 20, 2018 – Page 200 of 370 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 7 H Project File Number: H-2018-0088 Item Title: Findings of Fact, Conclusions of Law for Westbridge Subdivision (H-2018-0088) by Jane Suggs, Located at 5745 and 5865 N. Black Cat Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.H. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for Westbridge S ubdivision (H-2018- 0088) by J ane Suggs, Located at 5745 and 5865 N. Black Cat Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 11/15/2018 E xhibit A E xhibit 11/15/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/15/2018 - 8:40 P M Meridian City Council Meeting Agenda November 20, 2018 – Page 201 of 370 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0088 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 12.84 Acres of Land with an R-4 Zoning District; and Preliminary Plat Consisting of 30 Building Lots and 9 Common Lots on 12.71 Acres of Land in the R-4 Zoning District for Westbridge Subdivision, by Jane Suggs. Case No(s). H-2018-0088 For the City Council Hearing Date of: November 7, 2018 (Findings on November 20, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 7, 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 20, 2018 – Page 202 of 370 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0088 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 7, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation & zoning and preliminary plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of November 7, 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. A modification to the development agreement may be initiated prior to signature of the Meridian City Council Meeting Agenda November 20, 2018 – Page 203 of 370 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0088 - 3 - 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 November 7, 2018 Meridian City Council Meeting Agenda November 20, 2018 – Page 204 of 370 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) 2(P day of , Attest: ,;&5 " r GUST 2 Chv oP w EIDIAN C.J oles t= City Clerk z^ SEAL ') VOTED Cj Vkl VOTED VOTED `N4 VOTED VOTED `,e, l VOTED_1/ VOTED Qorkt) n, n U ►HCl l �eulcl Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0088 - 4 - 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 The Meridian City Council heard these items on November 7, 2018. At the public hearing, the Council approved the subject AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Jane Suggs, Applicant’s Representative ii. In opposition: None iii. Commenting: Libby Bagley; Denise LaFever EXHIBIT A Meridian City Council Meeting Agenda November 20, 2018 – Page 206 of 370 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 2 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. Neighbor in favor of slightly lower density than proposed. c. Key Issues of Discussion by Council: i. Council was in favor of the step down in density proposed. d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0088, 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-2018-0088, 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 Meridian City Council Meeting Agenda November 20, 2018 – Page 207 of 370 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 3 (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 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. Meridian City Council Meeting Agenda November 20, 2018 – Page 208 of 370 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 4 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. “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 Meridian City Council Meeting Agenda November 20, 2018 – Page 209 of 370 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 5 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. 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. Meridian City Council Meeting Agenda November 20, 2018 – Page 210 of 370 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 6 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 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. Meridian City Council Meeting Agenda November 20, 2018 – Page 211 of 370 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 7 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. 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 Meridian City Council Meeting Agenda November 20, 2018 – Page 212 of 370 Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 8 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) 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 20, 2018 – Page 213 of 370 Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda November 20, 2018 – Page 214 of 370 Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 8/1/18) Meridian City Council Meeting Agenda November 20, 2018 – Page 215 of 370 Exhibit A Page 3 3. Proposed Landscape Plan (dated: 7/25/18 10/15/18) Meridian City Council Meeting Agenda November 20, 2018 – Page 216 of 370 - 2 - 4. Qualified Open Space Exhibit Meridian City Council Meeting Agenda November 20, 2018 – Page 217 of 370 - 3 - 5. Conceptual Building Elevations Meridian City Council Meeting Agenda November 20, 2018 – Page 218 of 370 - 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 20, 2018 – Page 219 of 370 - 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 20, 2018 – Page 220 of 370 - 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 20, 2018 – Page 221 of 370 - 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 20, 2018 – Page 222 of 370 - 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 20, 2018 – Page 223 of 370 - 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 20, 2018 – Page 224 of 370 - 10 - Meridian City Council Meeting Agenda November 20, 2018 – Page 225 of 370 - 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 20, 2018 – Page 226 of 370 - 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 20, 2018 – Page 227 of 370 - 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 20, 2018 – Page 228 of 370 - 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 20, 2018 – Page 229 of 370 - 15 - 9. Nampa & Meridian Irrigation District (NMID) 10. Community Planning Association of Southwest Idaho (COMPASS) Meridian City Council Meeting Agenda November 20, 2018 – Page 230 of 370 - 16 - 11. Department of Environmental Quality (DEQ) Meridian City Council Meeting Agenda November 20, 2018 – Page 231 of 370 - 17 - Meridian City Council Meeting Agenda November 20, 2018 – Page 232 of 370 - 18 - Meridian City Council Meeting Agenda November 20, 2018 – Page 233 of 370 - 19 - C. Legal Description & Exhibit Map for Annexation Boundary Meridian City Council Meeting Agenda November 20, 2018 – Page 234 of 370 - 20 - Meridian City Council Meeting Agenda November 20, 2018 – Page 235 of 370 - 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 City Council 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 City Council 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 City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council 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 City Council 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 20, 2018 – Page 236 of 370 - 22 - b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the 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; The City Council finds there is public financial capability of supporting services for the proposed development based on comments received from public service providers (i.e., Police, Fire, ACHD, etc.). (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that should be preserved. Meridian City Council Meeting Agenda November 20, 2018 – Page 237 of 370 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 71 Project File Number: H-2018-0074 Item Title: Development Agreement for Whitecliff Estates Subdivision (H-2018-0074) with 943 W. McMillan Road LLC (Owner) and 4345 Linder Road, LLC (Developer) located at 943 W. McMillan Road in the NW 1/4 of Section 36, Township 4N., Range 1W Meeting Notes: r�i I TEM SHEET C ouncil Agenda I tem - 6.I . Presenter: J oshua B each Estimated Time f or P resentation: 2-3 minutes Title of I tem - D evelopment Agreement for Whitecliff Estates S ubdivision (H-2018-0074) with 943 W. M cM illan Road L L C (Owner) and 4345 L inder Road, L L C (D eveloper) located at 943 W. M cM illan Road in the NW 1/4 of S ection 36, Township 4N., Range 1W. D evelopment Agreement between the City of Meridian and 943 W. Mc Millan Road L L C (Owner) and 4345 L inder R oad, L L C (Developer) for W hitecliffe Estates Subdivision (H-2018-0074) C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S igned D A-W hitecliff E states S ub-H-2018-0074 A greements / C ontracts 11/14/2018 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 11/14/2018 - 2:54 P M Community Development.A lbertson, Michelle Approved 11/15/2018 - 9:36 A M Meridian City Council Meeting Agenda November 20, 2018 – Page 238 of 370 ADA COUNTY RECORDER Christopher D. Rich 2018-111711 BOISE IDAHO Pgs=41 BONNIE OBERBILLIG 11/26/2018 10:06 AM CITY OF MERIDIAN, IDAHO NO FEE to] D) 01 W0 I Die I W.-TOLS N D) PARTIES: 1. City of Meridian 2. 943 W. McMillan Road LLC, Owner 3. 4345 Linder Road, LLLP, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2001 day of , 2018, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and 943 W. McMillan Road LLC whose address is 13967 Wainwright Drive, Suite 102, Boise, ID 83713 hereinafter called OWNER and 4345 Linder Road, LLC, whose address is 13967 W. Wainwright Drive, Suite 102, Boise, ID 83713 hereinafter called DEVELOPER, 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for the annexation of 40.6 acres of land, described in Exhibit "A" to the R-4 (Medium Low Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT— WHITECLIFF ESTATES SUBDIVISION (H-2018-0074) PAGE 1 OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 2 0 , 2 0 1 8 – P a g e 2 4 0 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 4 1 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 4 2 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 4 3 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 4 4 o f 3 7 0 City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided fora zoning designation and/or amendment in force at the time of the proposed amendment. 22, EFFECTIVE DATE OFAGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided, OWNER., 943 W McMillan Road LLC By: p e/ �w, .�— Its:i DEVELOPER: 4345 Linder Road, LLC CITY OF MERIDIAN ATTEST: G� � G By: -� yzi Gerd C.idyColes, CiV Clerk j be, Enr+6 n �2r DE-vCLopmLr,Pr A(iIt@ENGNT—WHITECLIFF F,STATCS SI)BDIVISION (H-2018-0074) PACE 7 or 8 RATED AUG(i sr\ v m (I City of 0 w E IDIAN* �OANO SEAL/ STATE OF Idaho ) cS: County of Ada ) J� On this l day of�► 2018, before me, the undersigned, a No ry Public in n�diol• said State, personally appeared d lcnownoridentiRedtontetoUethe ✓Gr•�.¢.� ol•943WMcMillan Road LLC, and the person 4io signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WIIEREOF, I have he•eonto set my hand tad affixed my official seal the day and year in this certificate first abovo A Li�ll�/�/// pua- (SEAL) :: �o C' •• MYCaMMd4Si(}N •: = t P Public for • EXPIRES &111•x024 : s Resit 'ng i • ' ti My Commission Ex fres: 4 Z� di or- STATE OF Idaho /NlIUIII\1 ss: County of Ada ) 0 On this P da, Jof utl'r"""' '2018, before me, the undersigned, a 1\otaty Public in and for said State, personnlly appeared �Dywc known or identified to me to be the V of 4315 Linder Road, LLC, and the peso %%iio signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS 41'HEREO"\t�ly�y hereunto set my hand lid affixed my official seal the day and year in this certificate first above written. gN��\\g�� (SEAL)ortr+a,,) NotPublic fl) Idaho 1'h'COMMIgSIOV : Resitting at: r EXPIRES My Commission Expires: 4p S'1'A'rE OF IDAI-10 : ss 111181111111%1t1�\ County of Ada } On this Q04y'---- day of lU m ► byv , 2018, before tae, a Votary Public, personally appeared �(� �r tittttny ift z d and C,Jny Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me flint such City executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. A VISSION RLENE WAY #67390 NOTARY PUBLIC STA1 E OF IDAHO MY COMMISSION EXPIRES 3/28/22 LhuLp Wa,�-- rr t 11 bll' for Id ►ho Res t 'Y g Rcsidin ai: Commission expires: s3 d'8 'a o DEVELOPMEM AGRGhii-NT— WnrrECt.IPF ESTA7Gs SUBDIVISION (11-2018-0074) PAGE 8 or 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 2 0 , 2 0 1 8 – P a g e 2 4 7 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 4 8 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 4 9 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 5 0 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 5 1 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 5 2 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 5 3 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 5 4 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 5 5 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 5 6 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 5 7 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 5 8 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 5 9 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 6 0 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 6 1 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 6 2 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 6 3 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 6 4 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 6 5 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 6 6 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 6 7 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 6 8 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 6 9 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 7 0 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 7 1 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 7 2 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 7 3 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 7 4 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 7 5 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 7 6 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 7 7 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 7 8 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 7 9 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 8 0 o f 3 7 0 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 7 J Project File Number: H-2018-0103 Item Title: Addendum to Development Agreement for Calderwood Business Park MDA (H2018-0103) with GGR, LLC (Owner/Developer) original DA recorded on May 20, 2015 Instrument No. 2015-043235 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.J . Presenter: J oshua B each Estimated Time f or P resentation: 2-3 minutes Title of I tem - Addendum to Development Agreement for C alderwood Business Park M D A (H2018-0103) with G G R, L L C (O wner/D eveloper) original D A recorded on M ay 20, 2015 Instrument No.2015-043235 T he City and Owner/D eveloper desire to amend the D A , which was originally recorded on May 20, 2015 as I nstrument No. 2015-043235. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate A ddendum to D A-C alderwood B usiness P ark MD A-H- 2018-0103 A greements / C ontracts 11/14/2018 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 11/14/2018 - 3:38 P M Community Development.A lbertson, Michelle Approved 11/15/2018 - 9:34 A M Meridian City Council Meeting Agenda November 20, 2018 – Page 281 of 370 ADA COUNTY RECORDER Christopher D. Rich 2018-111024 BOISE IDAHO Pgs=4 HEATHER LUTHER 11/21/2018 11:04 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2, GGR, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this � 1` day of 0 4 y t h- &,"K , 2018, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and GGR, LLC, ("OWNER/DEVELOPER!'), whose address is PO Box 2576, Eagle, ID 83616, RE, CIT.A_LS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on May 20, 2015 in the real property records of Ada County as Instrument No. 2015-043235 ("DEVELOPMENT AGREEMENT"), B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511, NOW, THEREFORE, in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement reeozded lAie recordd ofAda County as InstrumentNo, 2015-043235, except as specifically amended as follows: 5.1 'Owner/Developer shall develop the property in accordance with the following special conditions: E. NV6lojmeht=bf'th6 subject property shall comply with the C -G and L-0 dimensional standards listed in UDC 11-2-2, The following uses shall only be allowed within the C -G zoning district portion of the development: exeepfferthe f ,l,.. ing iises are ehibited: 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. 2. That Owner/Developer agrees to abide by all ordinances ofthe City of Meridian and the Property shall be subject to de -annexation ifthe Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances ofthe City of Meridian as herein provided. ADDENDUM TO DEVELOPMENT AGREEMENT - CALDERWOOD BUSINESS PARK - MDA 1-12018-0103 Page I of 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 2 0 , 2 0 1 8 – P a g e 2 8 3 o f 3 7 0 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: GGR, LLC L4 - CITY OF MERIDIAN ADDENDUM TO DEVELOPMENT AGREEMENT - CALDERWOOD BUSINESS PARK - MDA H 2018-0103 Page 3 of 4 STATE OF IDAHO . ss: County of Ada, On this day of , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of GGR, LLC, and acknowledged to i that he executed the same on behalf of said Corporatio . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. BARA S SHIFFER COMMISSION SM2 NOTARY PIISIX STATE OF IDAHO MY COMMISSION EXPIRES SrM" STATE OF IDAHO County of Ada �/a — /:' Notary Public for Idaho / Residing at: p4 / U7M (,D- My Commission xpires: D � On this Z day of 1u0jCM%c-4'- , 2018, before me, a Notary Public, personally appeared Jt�pnrMnIn7ttE weeiVand C.Jay Coles, know or identified tome to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 0PWR JOHNUM Notary Public for Idaho Residing at: IZ Noumplu" Commission expires: -►`I •Zy W COMMO ION EXPIRES M424 ADDENDUM TO DEVELOPMENT AGREEMENT - CALDERWOOD BUSINESS PARK - MDA H 2018-0103 Page 4 of 4 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 7 K Project File Number: Item Title: Approval of Contract Amendment No. 9 with EideBailly for Financial Audit Services FY2018 for the Not -to - Exceed amount of $52,300.00. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.K . Presenter: Estimated Time f or P resentation: Title of I tem - Approval of Contract Amendment No. 9 with E ideBailly for F inancial Audit Services F Y2018 for the Not-to-E xceed amount of $52,300.00. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 11/15/2018 B uget and B udget Overspend A pproval Cover Memo 11/15/2018 P lanning L etter Cover Memo 11/15/2018 S igned E ngagement L etter Cover Memo 11/15/2018 A mendment No.9 Cover Memo 11/15/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 11/15/2018 - 10:15 A M F inance.B aird, Ted Approved 11/15/2018 - 4:51 P M Meridian City Council Meeting Agenda November 20, 2018 – Page 286 of 370 Page 1 Memo To: C.Jay Coles, City Clerk From: Sandra Ramirez CC: Todd Lavoie; Keith Watts Date: 11/09/2018 Re: November 13 th City Council Meeting Agenda Item The Purchasing Department, on behalf of the Finance Department, respectfully requests that the following item be placed on the November 13th City Council Consent Agenda for Council’s consideration. Approval of Contract Amendment No.9 with EideBailly for Financial Audit Services FY20018 for the Not-to-Exceed amount of $52,300.00. This Amendment extends the contract for one year per the Terms and Conditions of the agreement approved September 7, 2010. Recommended Council Action: Approval of Contract Amendment No.9 with EideBailly for FY2018 Financial Audit Services for the Not-to-Exceed amount of $52,300.00 and authorize the Purchasing Manager to sign the Purchase Order for the Not-To-Exceed amount of $52,300.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda November 20, 2018 – Page 287 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 288 of 370 What inspires you, inspires us. | eidebailly.com 877 W. Main St., Ste. 800 | Boise, ID 83702-5858 | T 208.344.7150 | F 208.344.7435 | EOE 1 November 1, 2018 To the Mayor and Members of City Council City of Meridian, Idaho Meridian, Idaho This letter is provided in connection with our engagement to audit the financial statements of City of Meridian, Idaho as of and for the year ended September 30, 2018. Professional standards require that we communicate with you certain items including our responsibilities with regard to the financial statement audit and the planned scope and timing of our audit. Our Responsibilities As stated in our engagement letter dated November 1, 2018, we are responsible for conducting our audit in accordance with auditing standards generally accepted in the United States of America and in accordance with Government Auditing Standards for the purpose of forming and expressing an opinion about whether the financial statements that have been prepared by management, with your oversight, are prepared, in all material respects, in accordance with accounting principles generally accepted in the United States of America. Our audit does not relieve you or management of your respective responsibilities. Our responsibility as it relates to the Schedules of Revenues, Expenditures, and Changes in Fund Balance – budget and actual – Capital Projects Fund and Enterprise Fund, is to evaluate its presentation for the purpose of forming and expressing an opinion as to whether the information is fairly stated in all material respects in relation to the financial statements as a whole, when applicable. Planned Scope of the Audit Our audit will include examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Our audit is designed to provide reasonable, but not absolute, assurance about whether the financial statements as a whole are free of material misstatement, whether due to error, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations. Because of this concept of reasonable assurance and because we will not examine all transactions, there is a risk that material misstatements may exist and not be detected by us. Our audit will include obtaining an understanding of the entity and its environment, including its internal control, sufficient to assess the risks of material misstatement of the financial statements and as a basis for designing the nature, timing, and extent of further audit procedures. However, we will communicate to you at the conclusion of our audit, significant matters that are relevant to your responsibilities in overseeing the financial reporting process, including any material weaknesses, significant deficiencies, and violation of laws or regulations that come to our attention. Meridian City Council Meeting Agenda November 20, 2018 – Page 289 of 370 2 We expect to begin our audit on approximately January 7, 2019. This information is intended solely for the information and use of the Mayor and Members of City Council and is not intended to be and should not be used by anyone other than these specified parties. Respectfully, Boise, Idaho Meridian City Council Meeting Agenda November 20, 2018 – Page 290 of 370 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 2 0 , 2 0 1 8 – P a g e 2 9 1 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 9 2 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 9 3 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 9 4 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 9 5 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 9 6 o f 3 7 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 2 0 , 2 0 1 8 – P a g e 2 9 7 o f 3 7 0 (om/-WEP,IQJANI - P1TV r1IZ MERIDIAN KI 60NTRACT-AmENDIIII.ENT No. 9 - FINANCIAL SERVICES AUDIT -CONTkACTO*R'.NAME: DEPARTMENT NAME: EldeBailly Finance -ADDRESS.: ADDRESS: -077W..Maln St, Stifte 800 33 E. Broadway Boise, Ib 83702 Meridian, ID 83642 CURRENT CONTRACT INFORMATION:' ON: Cb6tea6t'Niime:. Financial Audit Services Previous Am6ndinbnt Da.te:* 11- - 21206 Previous Amendments: ts:. -9 Current'Contract.Dates., $"rAR_.r10L1-2Q1COMPLE-RON: 9=35-ia-jS Current Contract Amount (inclusive ofPrevious Amendinents):'"3 3050.00 CHOOSE ONE AMENDMENT COLUMN BELOW, either "'STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE - OPTION TO RENEW' and check offany applicable amendments under that column. AMENDMENT TO EXERCISE- OPTION TO RENEW (Check all that Apply) Amendment to Contract. Performance.. -'X Amendment to Contract Dates X* Amendment to Cutract Amount' -Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT., (Attach all relevant-docamentatfon detailing amOndinent): Renewal of Agre.eme6t for FY 2018 Audit Seirvices. NEW CONTRACT INFORMATION: Amqndmbnt DOL.: I1-1 2018 Now contract Dates: -START-.11-1-2018 COMPLETION: 9 30-201 Amount of Am6ndinu*nt*Qhanqe.$ 52:000.0D Current t Cont rac - t Amount {including this Amendment); '1435.950.00. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT, RFQ.AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CIT k2qFE.MERIDIAN Dated'. Attest: Q0 pTEDAU0 OP ST CJ - ES, CITCLERK Et ply' Of 5L 10AHo SEAL EldeB6111y. BY . , Aur Kevin Smith, partner DOW.: 11 1 -11 k 7 Purdhasing Approval BY: KEITH WATTS, PURCHASING, MANAGER City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 7 L Project File Number: Item Title: AP Invoices for Payment 11/15/18 - $25,481.63 Meeting Notes: rte✓ APPROVE6 I TEM SHEET C ouncil Agenda I tem - 6.L . Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 11/15/18 - $25,481.63 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 11/15/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/15/2018 - 11:50 A M Meridian City Council Meeting Agenda November 20, 2018 – Page 300 of 370 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 MASTERCARD 220/MC#1 Fire 10-31-18 Statement,1,637.17 01 General Fund MASTERCARD 220/MC#2 Fire 10-31-18 Statement,2,275.57 01 General Fund MASTERCARD 220/MC#3 Fire 10-31-18 Statement,181.80 01 General Fund MASTERCARD 220/MC#4 Fire 10-31-18 Statement,43.22 01 General Fund MASTERCARD 220/MC#5 Fire 10-31-18 Statement,169.13 01 General Fund MASTERCARD MC - PW #2 10/31/18 Statement -25.58 01 General Fund MASTERCARD MC CD#2 #2200 October statement 576.00 01 General Fund MASTERCARD MC Clerk#0512 October statement 277.19 01 General Fund MASTERCARD MC IT#0179 October Statement 4,436.56 01 General Fund MASTERCARD MC Legal #0868 October statement 154.69 01 General Fund MASTERCARD MC May#1 #0751 October statement 15.00 01 General Fund MASTERCARD MC Mayor#2 #0769 October statement 144.89 01 General Fund MASTERCARD MC Parks #1 10/31/18 Statement -511.07 01 General Fund MASTERCARD MC Parks #2 10/31/18 Statement -1,468.04 01 General Fund MASTERCARD MC Parks #4 10/31/18 Statement -148.21 01 General Fund MASTERCARD MC PD # 1 10/31/18 - Statement -1,639.27 01 General Fund MASTERCARD MC PD # 10 10/31/18 - Statement -1,432.72 01 General Fund MASTERCARD MC PD # 11 10/31/18 - Statement -951.52 01 General Fund MASTERCARD MC PD # 2 10/31/18 - Statement -10,818.86 01 General Fund MASTERCARD MC PD # 3 10/31/18 - Statement -654.33 01 General Fund MASTERCARD MC PD # 5 10/31/18 - Statement -268.91 01 General Fund MASTERCARD MC PD # 8 10/31/18 - Statement -1,646.90 01 General Fund MASTERCARD MC PD#2 #0637 prepayment (10,818.86) 01 General Fund MASTERCARD MC PD#4 #0652 October Statement 993.22 01 General Fund MASTERCARD MC PW #1 10/31/18 - Statement-3.61 Total 01 General Fund 19,654.60 60 Enterprise Fund MASTERCARD MC - PW #2 10/31/18 Statement -209.92 60 Enterprise Fund MASTERCARD MC PW #1 10/31/18 - Statement-1,958.68 60 Enterprise Fund MASTERCARD MC PW#1 10/31/18 statement credit from prepayment 9/30 (453.16) 60 Enterprise Fund MASTERCARD MC Wat#0538 October statement 1,664.54 60 Enterprise Fund MASTERCARD MC WW#1 #0611 October statement 2,447.05 Date: 11/15/18 09:23:06 AM Page: 1Meridian City Council Meeting Agenda November 20, 2018 – Page 301 of 370 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 60 Enterprise Fund 5,827.03 Report Total 25,481.63 Date: 11/15/18 09:23:06 AM Page: 2Meridian City Council Meeting Agenda November 20, 2018 – Page 302 of 370 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 7 M Project File Number: Item Title: AP Invoices for Payment 11/21/18 - $3,125,091.98 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.M. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 11/21/18 - $3,125,091.98 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 11/15/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/15/2018 - 11:52 A M Meridian City Council Meeting Agenda November 20, 2018 – Page 303 of 370 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-CORE OF BOISE, INC.Champion Park ADA wall cutting for compliance 550.00 01 General Fund A-CORE OF BOISE, INC.cut toe clearance at ADA restroom stall at Tully Park 550.00 01 General Fund A-CORE OF BOISE, INC.Heroes Park wall cutting for ADA compliance 2,040.00 01 General Fund ABOUT THE KIDS, INC.instructor fee - Lacrosse 10/22/18 - qty 15 324.00 01 General Fund ACS SYSTEMS LLC Furnish and install horizontal cabling for WAPs at Customer 1,698.65 01 General Fund ADVANCE AUTO PARTS DEF fluid for air compressor - qty 2 22.06 01 General Fund ADVANCE AUTO PARTS diesel additive & windshield wipers for vehicles 33 & 34 x 6 69.86 01 General Fund ADVANCE AUTO PARTS lift support for fleet truck 33 tool box strut repair - qty 45.22 01 General Fund ADVANCE AUTO PARTS skidsteer repair parts - qty 17 15.74 01 General Fund AIR FILTER SALES Air filter for fire station 546.00 01 General Fund ARLENCO DISTRIBUTION, INC mag locks for Fuller Park restrooms - qty 2 547.20 01 General Fund BATTERIES PLUS Batteries for Patrol - photo; 9V; A; AA; C - 162 total 253.52 01 General Fund BILLING DOCUMENT SPECIALISTS 19-0007 174.33 01 General Fund BOISE MOBILE EQUIPMENT, INC Install Auxillary Power OUtlet & Rear Lock Switch Unit#25 202.50 01 General Fund BRIAN CALDWELL Per Diem: B. Caldwell, Use of Force Summit, Uncasville CT, 319.50 01 General Fund BSN SPORTS, INC.balls & pickleball net for Homecourt - qty 18 783.47 01 General Fund CAMPING WORLD RV SALES Command Trailer Black Water Knife Valve Replacement 203.79 01 General Fund CDW GOVERNMENT 19-0079 HP 15.6 Business Top Load 619.50 01 General Fund CHAD SOMBKE, PH.D, P.C.Pre Employment Testing 400.00 01 General Fund CHAD SOMBKE, PH.D, P.C.Pre Employment Testing K.Childers 400.00 01 General Fund CITY OF BOISE Allumbaugh House Dues 10/1/18-12/31/18 FY19 16,072.24 01 General Fund CITY OF BOISE POLICE DEPARTMENT Training Registration for R.Brockbank to Attend Training 350.00 01 General Fund DAY WIRELESS SYSTEMS radio rentals for 2018 Trunk or Treat event 10/25-10/26/18 81.00 01 General Fund DELL MARKETING L.P.VLA Adobe Creative Cloud for Teams ALl Apps Sub New 767.24 01 General Fund DEVCO LLC.Refund: H-2018-0104, applicant withdrew permit, Orig CR18-52 10,440.00 01 General Fund FAMILY TANG SOO DO instructor fee - Martial Arts 10/5-10/26/18 - qty 9 280.00 01 General Fund FAMILY TANG SOO DO instructor fee - Martial Arts 10/5-10/30/18 - qty 20 588.00 01 General Fund FLEXGROUND NEVADA, LLC.Settlers Park playground flexcoating - qty 12,138 SF 9,410.16 01 General Fund GALL'S INC.Credit for Holsters (216.00) 01 General Fund GALL'S INC.Holsters for 45's 216.00 01 General Fund GEM ENVIRONMENTAL MGMT Phase 1 environmental site assessment report for Fuller Park 1,820.00 01 General Fund GEOTEK, INC.PO 19-0032 Residential Inspection Services for 10/2018 22,440.00 Date: 11/15/18 11:31:56 AM Page: 1Meridian City Council Meeting Agenda November 20, 2018 – Page 304 of 370 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 GOVERNMENT FINANCE OFFICERS AS Registration, Gov. Accounting, Webinar, A. Rose, 1/16/19 85.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES PO 18-0491 Counter and Credenza for Plan Review office 10,200.00 01 General Fund IDAHO POWER 2203586629, Street Lights Power, October 2018 27,823.16 01 General Fund IDAHO PRESS-TRIBUNE legal Description 181.05 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice 148.74 01 General Fund IDAHO RECOVERY SPECIALIST Tow & Storage for DR#18-7429 636.00 01 General Fund IDAHO STATE POLICE Background & Fingerprinting October 2018 84.00 01 General Fund IDAHO STATE POLICE Background checks for MSU Permits 64.00 01 General Fund IMPACT RADIO GROUP On-Site Broadcast & Radio Advertising for Oct RX Take Back 725.00 01 General Fund INTERNATIONAL CODE COUNCIL 2015 IECC Flash Cards Training material for bldg inspectors 20.50 01 General Fund JOE BONGIORNO Per Diem: J. Bongiorn, Fire Chiefs Assoc., Coerudalene ID, 1 213.50 01 General Fund JOHN SHANE Per Diem: J. Shane, ICC Certification, Portland OR, 12/2/18- 352.00 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Recharge Patrol Vehicle Extinguisher 139.00 01 General Fund LS REFEREEING 19-0050 Basketball officials 10/5-10/25/18 - qty 22 games 1,199.00 01 General Fund LS REFEREEING 19-0050 Fall Basketball officials 10/30-11/8/18 x 22 games 1,199.00 01 General Fund MARK NIEMEYER Per Diem: M. Niemeyer, Fire Chiefs Assoc., Coerudalene ID 213.50 01 General Fund MISTER CAR WASH Police Vehicle Car Washes October 2018 150.00 01 General Fund NAPA AUTO PARTS Oil for Chargers & Caprices, Washer Fluid 34.06 01 General Fund NET SUPPORT INC Annual Maintenance Renewal DNA Corp Pack A 900.00 01 General Fund NORCO cylinder rental for welding gas - October 2018 42.16 01 General Fund NORTHWEST PAINTING Chateau Park building & shelter painting 3,300.00 01 General Fund NORTHWEST PAINTING Kleiner Park picnic shelter painting #A-2, A-3, A-4 3,600.00 01 General Fund NUTRIEN AG SOLUTIONS, INC.grass seed for Fuller Park bare areas - qty 6 510.00 01 General Fund O'REILLY AUTO PARTS RTV silicone for Settlers splash pad - qty 3 28.47 01 General Fund OFFICE DEPOT, INC.220/Office supplies, tape, pens, envelopes 51.58 01 General Fund OFFICE DEPOT, INC.Card Stock Paper for PD 44.98 01 General Fund OFFICE DEPOT, INC.credit for returned planner, reference original invoice# 224 (10.38) 01 General Fund OFFICE DEPOT, INC.desk top file holder 7.70 Date: 11/15/18 11:31:56 AM Page: 2Meridian City Council Meeting Agenda November 20, 2018 – Page 305 of 370 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.file labels, stapler, mouse, toner, erase board cleaner, pen 114.39 01 General Fund OFFICE DEPOT, INC.Frixion Ball Erasable GE 1.04 01 General Fund OFFICE DEPOT, INC.mousepads, pen refills 13.03 01 General Fund OFFICE DEPOT, INC.paper x qnty 1 10.85 01 General Fund OFFICE DEPOT, INC.Peak Training office supplies - sharpies, wall pades, post-i 105.58 01 General Fund OFFICE DEPOT, INC.Pen, Frixion Eras 8Pk Ast 8.31 01 General Fund OFFICE DEPOT, INC.pencil sharpener & tab dividers - qty 6 43.37 01 General Fund OFFICE DEPOT, INC.planner - returned see credit # 226629261-001 10.38 01 General Fund OFFICE DEPOT, INC.Plate, Coated 9 120pk, Fork, Plastic, 1000Ct Whit, Knife, Pl 206.22 01 General Fund OFFICE DEPOT, INC.USB Drives 13.98 01 General Fund OFFICE TEAM Temp Employee L. Florensen 11/2/18 990.00 01 General Fund OFFICE TEAM Temp employee sercive for building services, Lisa Florenzen 994.40 01 General Fund RACHAEL BEIERLE Per Diem: R. Beierle, ICC certification, Portland OR,352.00 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 10/7-10/28/18 - qty 25 400.00 01 General Fund RC WILLEY HOME FURNISHINGS Replaced Lunch Room Fridge 358.00 01 General Fund RECREATION TODAY OF IDAHO Refund: A-2018-0282, A-2018-0283, fees not needed by client 519.00 01 General Fund RILEY OROZCO Per Diem: R. Orozco, ICC certification 352.00 01 General Fund ROCKY MTN TOWING 220/towing of cars for extrication training - equipment 35.00 01 General Fund ROGERS TIRE PROS AND AUTO CARE fleet truck 29 flat repair - qty 1 - license C19827 16.00 01 General Fund SADIE JESSOP BEAGLEY 220/hem & apply patches, uniforms 70.00 01 General Fund SAFE RESTRAINTS INC Fire Wrap Restraints, 5 qty 6,450.00 01 General Fund SAM BROWN SHIELDS INC 220/32 Accountability tags for PPE 521.00 01 General Fund SBI CONTRACTING Install Ten Lockers in Mens Room 4,905.00 01 General Fund SHRED-IT USA, LLC.Document Shredding October 2018 115.50 01 General Fund SPECIALTY CONSTRUCTION SUPPLY caution tape - qty 8 96.00 01 General Fund SPF WATER ENGINEERING, LLC 19-0030 prof services-Settlers irrigation well engineering 383.00 01 General Fund SPORTSMANS WAREHOUSE Equipment for Vehicle 52.98 01 General Fund STOP STICK, LTD.Equipment Stop Sticks 602.00 01 General Fund SUNBELT RENTALS air compressor rental for irrigation blowouts 10/22-11/2/18 2,315.50 01 General Fund SUNBELT RENTALS boom lift rental for Settlers splash pad 10/25/18 380.25 01 General Fund SYNCB/AMAZON Dual Montior Stand for Tim Campbell 79.96 01 General Fund SYNCB/AMAZON Mat for Tim Campbell 34.99 01 General Fund SYNCB/AMAZON Sit/Stand Desk and Mat for Kathi Buttars 194.79 Date: 11/15/18 11:31:56 AM Page: 3Meridian City Council Meeting Agenda November 20, 2018 – Page 306 of 370 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 Sit/Stand Desk for Tim Campbell 480.25 01 General Fund TARGETSOLUTIONS LEARNING , LLC.TargetSolutions Premier Membership Platform 4,120.00 01 General Fund THE CAR PARK Courthouse Parking for October 2018 116.00 01 General Fund THE UPS STORE Ground Commercial 1ZE786060385988387 22.41 01 General Fund THE UPS STORE Postage to send Body Camera back for Replacement 15.92 01 General Fund TOTAL SYSTEM SERVICES Data Aire unit repair 205.00 01 General Fund TOTAL SYSTEM SERVICES HVAC system servicing at Homecourt 164.00 01 General Fund TRAFFIC SAFETY STORE main street market control signs & barricased x qnty 30 3,790.96 01 General Fund TREASURE VALLEY CHILDREN'S THEATER MAC Partnership w/ Youth Theatre Installation 1 of 6 1,000.00 01 General Fund VLCM HPE Aruba IAP 315 Instant AP Access Point Wireless 6,446.88 01 General Fund VLCM Mitel IP Phone IP485g (1,454.59) 01 General Fund WEIDNER & ASSOCIATES 220/7 spanner wrenches 330.31 01 General Fund ZONES HPE Aruba Network Device Wall/Ceiling Mount Kit 305.00 Total 01 General Fund 160,242.66 07 Impact Fund ANVIL FENCE CO 18-0234 pay #6 fencing & gates-Discovery Park thru 10/17/18 19,000.00 07 Impact Fund D & A DOOR & SPECIALTIES, INC.18-0238 pay#2 doors,frames,hardware-Discovery Park 10/31/18 4,560.00 07 Impact Fund DEBEST PLUMBING, INC 18-0242 pay #9 plumbing for Discovery Park thru 10/31/18 17,652.53 07 Impact Fund FRANZ WITTE LANDSCAPE 18-0233 pay #8 landscaping for Discovery Park thru 10/31/18 31,350.00 07 Impact Fund KNIFE RIVER 18-0232 pay#7 BP1 site work for Discovery Park thru 9/30/18 148,268.19 07 Impact Fund KREIZENBECK, LLC 18-0223 pay#10-CM svcs/general conditions-Discovery Park 43,021.73 07 Impact Fund LANDON ENTERPRISES 18-0249 pay #6 concrete for Discovery Park thru 10/31/18 79,201.50 07 Impact Fund POWER PLUS, INC.18-0243 pay #7 electrical for Discovery Park thru 10/31/18 25,877.05 07 Impact Fund SPF WATER ENGINEERING, LLC 15-0468 prof services Borup property well/pump October 2018 2,036.00 Total 07 Impact Fund 370,967.00 60 Enterprise Fund 2M COMPANY Pump float switch 40.50 Date: 11/15/18 11:31:56 AM Page: 4Meridian City Council Meeting Agenda November 20, 2018 – Page 307 of 370 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 A COMPANY INC WRRF Capacity Exp. portable toilet rental 9/17-10/14/18 99.63 60 Enterprise Fund AARON NEMEC Refund: wat/sewer/trash, #17331608-03, 105 E Waterbury Ln., 20.21 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0105 After hours call for PLC ethernet connection issues 345.00 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0105 SCADA Water General Support Services 431.25 60 Enterprise Fund BENJAMIN & FARRAH ZUMHOFF Refund: wat/sewer/trash, #04700620-03, 673 W. Barrymore Dr. 33.49 60 Enterprise Fund BERTHA RAMOS & HECTOR PALOMERA Refund: wat/sewer/trash, #24520123-02, 603 N Keagan Way, 80.67 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 19-0007 11,894.45 60 Enterprise Fund BROWN & CALDWELL 18-0284 FY18 Funding for Task Order 10044.L WRRF Headworks S 28,414.97 60 Enterprise Fund CARL'S CYCLE SALES Hard top for 2017 Kawasaki Mule 137.00 60 Enterprise Fund CARL'S CYCLE SALES Purchase of 2017 Kawasaki Mule 6,569.00 60 Enterprise Fund CARRIER CORP Service maintenance agreement for Lab chiller 753.00 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Credit for Return of Panel Prot Mod Ref#0755-683534 (1,324.30) 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Panel Port Mod Qty 1 1,324.30 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY WRRF Centrate Mod Equipment received 10/22/18 542.51 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY WRRF Centrate Mod. Equip/Wire received 10/22/18 1,176.55 60 Enterprise Fund CONDOC Condoc Project document management thru 10/31/2018 229.95 60 Enterprise Fund DALLAS HESS INC.Refund: Surety-2016-0098, Bainbridge Sub. #3, release of war 43,498.45 60 Enterprise Fund DC ENGINEERING 17-0405,Meridian WWTP Elect.Dist.Eng service as of 10/15/18 3,850.00 60 Enterprise Fund DC ENGINEERING WRRF Centrate Mod.Centrate panel Eng service as of 10/15/18 8,400.00 60 Enterprise Fund DIGLINE, INC.Digline Monthly Tickets Oct 2018 Qty 1110 1,985.11 Date: 11/15/18 11:31:56 AM Page: 5Meridian City Council Meeting Agenda November 20, 2018 – Page 308 of 370 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 EMANUEL & LETICIA MORENO Refund: wat/sewer/trash, #08085368-05, 4372 N Tempest Way, 44.53 60 Enterprise Fund ENERGY LABORATORIES, INC Well 15 Reconstruction water quality testing as of 10/25/18 907.25 60 Enterprise Fund ENERGY LABORATORIES, INC Well 33 water testing as of 10/26/18 2,126.00 60 Enterprise Fund ENERGY LABORATORIES, INC Well 33, water testing as of 10/26/18 3,400.00 60 Enterprise Fund ERIC & MICHELLE MATTINGLY Refund: wat/sewer/trash, #05503003-02, 5847 N Pinery Canyon, 66.01 60 Enterprise Fund EUGENE & BARBARA ROSS Refund: wat/sewer/trash, #30742708-05, 940 W. Crest Wood Dr. 88.91 60 Enterprise Fund EWING CO., INC.18-0302,18-0447,18-0448,WRRF Headwoarks Const. 10/31/18 478,765.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Galv Nipple Qty 1 3.17 60 Enterprise Fund FERGUSON ENTERPRISES INC.Hydrant Extension, H2O Ring, Full Barrel Meter Box Qty 8 2,191.30 60 Enterprise Fund FERGUSON ENTERPRISES INC.Hydrant Hose Coupler w/Strainer Qty 2 704.90 60 Enterprise Fund FERGUSON ENTERPRISES INC.Meter Setter Short Leg Qty 24 6,293.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Restroom sink replacement at WW Admin 370.00 60 Enterprise Fund FISHER SCIENTIFIC Salicylic acid (2 qty) & pH electrode cleaning solution 1pk 462.11 60 Enterprise Fund HACH COMPANY Ammonia TNT+ULR & reactive phosphate TNT for sampling 671.09 60 Enterprise Fund IDAHO POWER 2204228288, Water Power October 2018 35,679.32 60 Enterprise Fund INFOR (US), INC.18-0468, service to 10/31/18 510.00 60 Enterprise Fund JACOB B. SCHLADOR Refund: wat/sewer/trash, #22500514-03, 1268 N. Cathy Ave., 116.97 60 Enterprise Fund JAMES ENOS Refund: wat/sewer/trash, #15151022-06, 2593 N Tully Cove 150.00 60 Enterprise Fund JAMES J. PERCY James Percy Development Agreement Compensation - Black Cat 1,880.43 60 Enterprise Fund JASON & TONI LEWIS Refund: dumpster deposit, #99010795-02, 396 S Malachite Ave. 39.91 Date: 11/15/18 11:31:56 AM Page: 6Meridian City Council Meeting Agenda November 20, 2018 – Page 309 of 370 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 JC CONSTRUCTORS INC 18-0066,WRRF Cap.Exp.construction services thru 10/25/18 708,501.58 60 Enterprise Fund JEFFREY & HEATHER WREDE Refund: wat/sewer/trash, #17790319-03, 710 E Chateau Dr., 43.47 60 Enterprise Fund JON & JUDY CAHILL Refund: wat/sewer/trash, #20470046-01, 4176 E. DriftWood Dr. 65.79 60 Enterprise Fund JOSEPH COYNE Refund: wat/sewer/trash, #09200109-04, 942 W. Ashton Dr., 47.20 60 Enterprise Fund JUSTIN MOSCOVE Refund: wat/sewer/trash, #17790615-03, 2141 N. Cougar Way, 45.75 60 Enterprise Fund KARIE GLENN Expense Report: K. Glenn, Truebill Conf., Reno NV,46.00 60 Enterprise Fund KATHERINE PASSARINO Refund: wat/sewer/trash, #45250503-03, 3663 S. Ascaino Ave., 48.91 60 Enterprise Fund KEVIN & JANELLE JOHNSON Refund: wat/sewer/trash, #03180610-02, 5013 N. Chimney Peak 60.05 60 Enterprise Fund KIM YOUNG Refund: wat/sewer/trash, #37373888-01, 2227 S. Alaska Way, 95.81 60 Enterprise Fund KNOX COMPANY Headworks equipment received 10/26/18 688.00 60 Enterprise Fund kYLE RONNAU & LINDSAY TURNQUIST Refund: wat/sewer/trash, #36580105-02, 2887 S. Blackspur Way 53.20 60 Enterprise Fund LAURELEI MCVEY Reimubursement for parking fees, AIC Conf.,15.00 60 Enterprise Fund MASTER ROOTER PLUMBING 19-0110 Emergency pumping at Bittercreek lagoon (84 hrs) 16,080.00 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks spec.inspections 10/1-10/14/18 2,569.80 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks testing service 10/15-10/28/18 2,668.00 60 Enterprise Fund MIDPOINT BEARING Dodge insert bearings (4 qty)1,049.12 60 Enterprise Fund MONTOYA ENTERPRISES Refund: wat/sewer/trash, #34345074-01, 3451 E. Copper Point, 233.33 60 Enterprise Fund MOTION INDUSTRIES, INC Keyless bushing (3 qty)1,017.14 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Belts for sander (12 qty)96.60 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Nuts, bolts, & washers for stock (1,795 qty)249.77 Date: 11/15/18 11:31:56 AM Page: 7Meridian City Council Meeting Agenda November 20, 2018 – Page 310 of 370 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Stack Wall Storage Cabinet Qty 1 22.07 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Upright dust pans (2 qty)41.72 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Welding rods (3 qty)69.84 60 Enterprise Fund MYFLEETCENTER.COM Oil change C18780 49.58 60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change C18131 35.99 60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change C18964 55.19 60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change C19968 59.19 60 Enterprise Fund NAPA AUTO PARTS Fuel filters (not for vehicles), v-belts & heavy duty vbelts 72.24 60 Enterprise Fund NATHAN GIER Expense Report: N. Gier, HVAC Electrical Controls, Salt Lake 135.54 60 Enterprise Fund NORCO Antibacterial hand wash (6 qty)334.27 60 Enterprise Fund NORCO Cylinder rental for Oct 2018 61.44 60 Enterprise Fund NORCO Docking stations for gas meters (2 qty)4,592.62 60 Enterprise Fund NORCO Glass cleaner (1 liter)48.45 60 Enterprise Fund O'REILLY AUTO PARTS HIgh temp sealant to repair boiler at S. Black Cat LS 8.49 60 Enterprise Fund O'REILLY AUTO PARTS Thread lock 9.99 60 Enterprise Fund OFFICE DEPOT, INC.Black sharpies 32.00 60 Enterprise Fund OFFICE DEPOT, INC.Credit for returned item, spray adhesive and tape (16.37) 60 Enterprise Fund OFFICE DEPOT, INC.file labels, stapler, mouse, toner, erase board cleaner, pen 63.31 60 Enterprise Fund PACIFIC STEEL & RECYCLING Steel strap to install metal pullers on HVAC in BRO bldg 10.94 60 Enterprise Fund PAVEMENT SPECIALTIES OF IDAHO, INC Installation of speed bumps & painting of speed bumps 5,900.00 Date: 11/15/18 11:31:56 AM Page: 8Meridian City Council Meeting Agenda November 20, 2018 – Page 311 of 370 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 PETER FRAME Expense Report: P. Frame, Truebill Conf., Reno NV, 10/22-10/ 25.00 60 Enterprise Fund PLATT ELECTRIC SUPPLY Sediment/water filters for lift stations (4 qty)292.52 60 Enterprise Fund PLATT ELECTRIC SUPPLY Utility knife bundle & blades (2 qty)28.08 60 Enterprise Fund POSTNET Postage & Mailing for Backflow Reminder LTRS Qty 104 124.45 60 Enterprise Fund RED WING SHOES Safety boots for TSchmillen 171.59 60 Enterprise Fund RED WING SHOES Safety Steel Toe Boot M. Flesher Qty 1 200.00 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Biosolids disposal for Oct 2018 13,520.76 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract - October 2018 1,187,746.54 60 Enterprise Fund ROBERTSON SUPPLY, INC.Multi Function Valve Qty 1 334.60 60 Enterprise Fund RYAN & DARA SEARS Refund: wat/sewer/trash, #14143474-03, 2870 N. High Desert W 90.00 60 Enterprise Fund SERVPRO Refund: dumpter deposit, #99011053-01, 1758 W Rattlesnake Dr 85.22 60 Enterprise Fund SHRED-IT USA, LLC.Document Shredding October 2018 105.43 60 Enterprise Fund SLHS SERVICE AREA Hep B vaccine for TNorman 70.00 60 Enterprise Fund SOUND DEPOT LLC Misc Parts for Inverter Install, 200amp Circuit Breaker Q15 394.35 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Pre-mix Concrete Qty 42 245.50 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Safety Road Work Signs Qty 2 547.00 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Traffic control for sewer mainline videoing 10/11/18 513.25 60 Enterprise Fund TERRENCE LAMASTERS Refund: wat/sewer/trash, #35350144-03, 2899 E. Indian Creek 78.30 60 Enterprise Fund TRUMBULL RECREATION SUPPLY CO Packing nut, o-ring & bonnet unit (2 qty)31.18 60 Enterprise Fund UNITED OIL Oil for stock (10 qty)93.00 Date: 11/15/18 11:31:56 AM Page: 9Meridian City Council Meeting Agenda November 20, 2018 – Page 312 of 370 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 USA BLUEBOOK Brass Tee Qty 5 105.75 60 Enterprise Fund USA BLUEBOOK Wire Staff, Pipeline Decal, Flag PVC Staff, Qty 10 197.14 60 Enterprise Fund VALLEY CUSTOM TRACTOR SERVICES Mow of Vacant property Ustick & Ten Mile 650.00 Total 60 Enterprise Fund 2,593,882.32 Report Total 3,125,091.98 Date: 11/15/18 11:31:56 AM Page: 10Meridian City Council Meeting Agenda November 20, 2018 – Page 313 of 370 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 8 Project File Number: Item Title: Items Moved From The Consent Agenda [Action Item] Meeting Notes: City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 9 A Project File Number: Item Title: Continued from November 7, 2018: Request to Provide Water and Sewer Service to Un -annexed Property at 5233 W. Franklin Rd. Meeting Notes: eC C0�-� ` ��UI� I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time f or P resentation: Title of I tem - C ontinued from November 7, 2018: Request to Provide Water and S ewer Service to Un-annexed Property at 5233 W. F ranklin Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo Cover Memo 11/16/2018 Request Cover Memo 11/16/2018 Concept B ackup Material 11/16/2018 Request to C ontinue to Dec 11, 2018 Cover Memo 11/19/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 11/16/2018 - 10:52 A M Meridian City Council Meeting Agenda November 20, 2018 – Page 314 of 370 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 2 0 , 2 0 1 8 – P a g e 3 1 5 o f 3 7 0 Meridian City Council Meeting Agenda November 20, 2018 – Page 316 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 317 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 318 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 319 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 320 of 370 Meridian City Council Meeting Agenda November 20, 2018 – Page 321 of 370 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 2 0 , 2 0 1 8 – P a g e 3 2 2 o f 3 7 0 1 C.Jay Coles From:Bill Nary Sent:Monday, November 19, 2018 4:49 PM To:C.Jay Coles Cc:Joe Borton Subject:FW: Butte Fence (Waiver) - Elevations and Site Plan Attachments:Doc{}{Pdf3}-159.pdf For tomorrow. From: Caleb Hood Sent: Monday, November 19, 2018 4:47 PM To: Bill Nary; Emily Kane Cc: Warren Stewart Subject: Fwd: Butte Fence (Waiver) - Elevations and Site Plan Fyi ---------- Forwarded message ---------- From: " Rebecca McKay " < es-beckym@qwestoffice.net > Date: Mon, Nov 19, 2018 at 1:46 PM -0700 Subject: FW: Butte Fence (Waiver) - Elevations and Site Plan To: "Caleb Hood" < chood@meridiancity.org > Cc: "'Jared Bell'" < jab@buttefence.com > Caleb: We submitted a draft site plan and an elevation on August 30 th with submittal of the waiver request. I sent Bill an enlargement of the elevation for the proposed Butte Fence facility and a draft site plan. I was not aware that a landscape plan was needed. I contacted Jared Bell at Butte Fence and he is willing to defer the item a second time. He will contact his architect and obtain a landscape plan for staff’s review to assure the City that the facility will comply with landscaping, parking and screening requirements of the UDC and TMISAP. We respectfully request deferral of the item until the December 11 th City Council meeting. Thanks, Becky McKay, Partner Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: 208-938-0980 From: Rebecca McKay [mailto:es-beckym@qwestoffice.net] Sent: Friday, November 16, 2018 4:11 PM To: 'Bill Parsons' <bparsons@meridiancity.org> Subject: Butte Fence (Waiver) - Elevations and Site Plan Meridian City Council Meeting Agenda November 20, 2018 – Page 323 of 370 2 Bill: Attached are an elevation and site plan for the Butte Fence waiver request for services outside City limits. I believe the Council wanted staff to review and attach as an exhibit the legal agreement being prepared by the City attorney. Thanks, Becky McKay, Partner Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: 208-938-0980 Meridian City Council Meeting Agenda November 20, 2018 – Page 324 of 370 City Council Meeting November 20, 2018 REVISED Site Plan Site Plan Landscape Plan Conceptual Elevations Tot Lot Images City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 9 B Project File Number: H-2018-0042 Item Title: Public Hearing Continued from November 7, 2018 for Timber Creek Recycling (H-2018-0042) by Michael Murgoitio, Located at7695 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 Meeting Notes: r c�wa �,Pftw S�4 ed b�d i7,�, Rew',evi DeCCmber ,)O/ � I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from November 7, 2018 for T imber Creek Recycling (H-2018-0042) by M ichael M urgoitio, L ocated at 7695 S. L ocust Gr ove 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 P roposed Conditions E xhibit 11/15/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 11/16/2018 - 9:46 A M Meridian City Council Meeting Agenda November 20, 2018 – Page 325 of 370 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/20/2018 Hearing Type: Council Item Number: 9B Project Name: Timber Creek Recycling Conditions of Approval Project No.: H-2018-0042 Active: ❑ Page 1 of 3 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=109 11/26/2018 I WishSign Signature City -State- In Address For Against Neutral To Name Zip Date/Time Testify Jordan 7884 Tranquility Meridian, ID 11/20/2018 X Mason Ln 83642 10:28:06 AM Rhonda 7884 Tranquility Meridian, ID 11/20/2018 X Mason Ln 83642 10:30:33 AM Quinet 7975 Tranquility Meridian ID 11/20/2018 X Boone Lane 83642 11:56:45 AM Rodney 7975 Tranquility Meridian ID 11/20/2018 X Boone Lane 83642 11:57:10 AM Haley 7975 Tranquility Meridian ID 11/20/2018 X Boone Lane 83642 11:57:27 AM Brittany 7975 Tranquility Meridian ID 11/20/2018 X Boone Lane 83642 11:57:45 AM Charles 2575 Kuna ID 11/20/2018 X Ward Meadowview 83634 11:58:09 AM 2575 Kuna ID 11/20/2018 Lola Ward X Meadowview 83634 11:58:28 AM Allison Nampa ID 11/20/2018 2313 S Garland X Dawson 83686 12:18:37 PM 7838 S. Vikki 11/20/2018 TRANQUILITY MERIDIAN X X Reynolds 2:33:30 PM LN http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=109 11/26/2018 City of Meridian - Public Hearing Sign In Form Tools Page 2 of 3 Dallas Gene 7838 Tranquility Meridian, Id 11/20/2018 X Reynolds Ln 83642 5:22:29 PM Miller Acres 11/20/2018 X LLC 5:34:04 PM Toree 2623 south hillis Meridian id 11/20/2018 X murgoitio place 83642 5:46:18 PM Mike 2623 S. Hillis Meridian 11/20/2018 X Murgoitio place Idaho 83642 5:47:09 PM Kathleen 8250 S Jardine Meridian 11/20/2018 X X Britt Ln idaho 83642 5:52:19 PM Justin Boise, idaho 11/20/2018 388 Main Street X X Crannet 83702 5:53:58 PM 7200 S locust Meridian, id 11/20/2018 Patty hagler X X grove 83642 5:59:29 PM Nicole A 7524 S Locust Meridian, Id 11/20/2018 X Brown Grove 83642 5:59:55 PM Rod 7200 s locust Meridian 11/20/2018 X Nettinga grove idaho 83642 6:00:25 PM Joshua 972 E Windling Eagle, Id 11/20/2018 X X Leonard Cr Ct 83616 6:01:21 PM Debbie 775 E Columbia Meridian ID 11/20/2018 X X Allen rd 83642 6:03:02 PM 1410 E Gravel 11/20/2018 Todd Edgar 83642 X X In 6:04:38 PM 1305 E. 11/20/2018 Jim Cox Meridian X X Columbia Rd. 6:11:37 PM David 1398 East Meridian, 11/20/2018 X X Bennett Mallory Lane idaho 83642 6:13:29 PM Kimberly 1410 E Gravel Meridian, ID 11/20/2018 Matulonis- X Lane 83642 6:39:03 PM Edgar Go Back To List Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=109 11/26/2018 Changes to Agenda: None Item #913: Timber Creek Recycling (H-2018.0042) • Development Agreement Modification This project was last heard by City Council on November 7th. The sole purpose of that hearing was for the review & consideration of the amended DA provisions recommended by Staff. Council ended up continuing the project to tonight's hearing in order for Staff to work with the Applicant to further clarify the recommended DA provisions for consideration by City Council, Staff has done so and the Applicant is in agreement with the amended provisions. (see following pages) 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, and will be subject to review on or about that ten (10) year time period for renewal for an additional time period as determined by the City Council at that time. If the City Council does not extend the use beyond the initial ten (10) year time period then at their direction and date as determined by them after which all uses associated with the facility shall cease at a date to be determined 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. . If the time period is extended to a future date certain then the City Council may review the activity on or about that date certain and consider an additional extension with the same or modified conditions to the Agreement. 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. 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 (A)(C). In addition to the remedies available through the enforcement of this Agreement the City may seek enforcement through abatement by civil action or code enforcement.” 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. In addition to the remedies available through the enforcement of this Agreement the City may seek enforcement through abatement by civil action or code enforcement” 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,. The City may consider a finding by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. 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; EXHIBIT B Meridian City Council Meeting Agenda November 20, 2018 – Page 326 of 370 (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. 6. Modify provision #6.3.2 Landscaping as follows, “Timber Creek will install trees and other landscaping features on the Recycling Property in a manner as prescribed in MCC 11-3H-4D, 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 Tier 2 composting provided that the pilot programs for obtaining Tier 2 designation, as required by DEQ, may occur prior to the installation of the landscaping or berms as shown on the site plan. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Plan as required in provision #6.3.2 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 the Recycling Area 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. 6.5.6 Dustless Material. Surface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-5B-1. 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 Meridian City Council Meeting Agenda November 20, 2018 – Page 327 of 370 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), if applicable and, and any other open water pond(s) for run off or drainage on the site shall be treated and 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 equipment, excluding all private or commercial vehicles, and operations, power-driven processing equipment and operations, shipping and delivery areas, and other outdoor activity on Recycling Property shall be located at least 300 feet from abutting residential districts within the City of Meridian.” 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.” 12. Add provision: “Burning, Burning or incinerating, ,burying, or any other manner to disposing dispose 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 20, 2018 – Page 328 of 370 is „le AI& _ N Y• x4 3.- i_ f � 4 y\ ƒ m �4 � 3 r qcJ Y Y f fi R e M3 f� r Y 3' r, t 1 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 9 C Project File Number: H-2018-0100 Item Title: Public Hearing for Jocelyn Park Subdivision (H-2018- 0100) Meeting Notes: By Jarron Langston, Located near the SW corner of W. Victory Rd. and S. Meridian Rd. Request: Preliminary Plat consisting of 23 single family residential lots and 2 common lots on 13.32 acres of land in an R-8 zoning district rte✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 8.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for J ocelyn P ark Subdivision (H-2018-0100) by J arron L angston, L ocated near the S W corner of W. Victory Rd. and S . M eridian 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 Cover Memo 11/16/2018 S taff Report S taff Report 11/16/2018 Minutes from Planning and Z oning Commission B ackup Material 10/23/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 11/16/2018 - 4:03 P M Meridian City Council Meeting Agenda November 20, 2018 – Page 329 of 370 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/20/2018 Hearing Type: Council Item Number: 9C Project Name: Jocelyn Park Subdivision Project No.: H-2018-0100 Active: ❑ Page 1 of 1 Signature City -State- I Wish To Sign In Address For Against Neutral Name Zip Testify Date/Time 509 e Meridian, id 11/20/2018 Terry tate whiskey flats X 83642 5:48:38 PM st Robin 250 W Meridian, ID 11/20/2018 X Connor Galvani Dr 83642 5:48:56 PM Jarron 9563 W Boise ID 11/20/2018 X Langston Harness Dr 83709 5:52:19 PM 141E Meridian 11/20/2018 Todd lakey X X Carlton Ave idaho 5:55:45 PM Brenda 8460s 11/20/2018 Meridian X X Blitman locust grove 7:12:04 PM Go Back To List Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=110 11/26/2018 E IDIAN : --IDAHO November 15, 2018 MEMORANDUM TO: Mayor & City Council CC: Bill Nary, City Clerk FROM: Josh Beach, Associate Planner RE: Jocelyn Park Subdivision — H-2018-0100 Mayor Tammy de Weerd City Council Members: Luke Cavener Joe Borton Ty Palmer Genesis Milam Treg Bernt Anne Little Roberts Since the Planning and Zoning hearing on October 18, 2018, the applicant has submitted a revised site plan. The applicant has made the following changes to the preliminary plat: 1. The applicant has added a fifteen (15) foot micropath from S. Cumberland Way to the common lot platted with Timberline Subdivision (H-2017-0140). This will help in breaking up the long block length. 2. A non -buildable common lot was placed adjacent to the south boundary of parcel # S1225110160. The addition of this nob -buildable common lot will clear up the property boundary dispute between the two parcels. 3. Once the applicant eliminates the existing turn -around on W. Winnipeg Street and the applicant vacates the right of way (see exhibit below), Lot 12, Block 2 will take access from W. Winnipeg Street and will no longer be a flag lot that takes access from S. Cumberland Way. 4. The alignment of Cumberland Court was shifted slightly to accommodate the 10 -foot non -buildable common lot and as such the all of the lots within Block 2 have been slightly modified in size and shape. Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org LOA 'ARK I 14,828 S.F. 20,729 S.F. , 19 �� 1 to 14' 14,562 S.F. 15,268 S.F. N 06T'19" VT- fo—o7oo--— D 92,66' Z17- 20 SS cri W. WINNIPEG STREET esu \3 C3 76.29' 0 ni d ,663 S.F. z C 1-2) (D W Item #9C: Jocelyn Park Subdivision (H-2018-0100) Application(s): ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 13.32 acres of land, zoned R-8, located near the southwest corner of W. Victory Road and S. Meridian Road. History: The property was annexed in 2013 as part of the Victory South Annexation. Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant proposes to develop the site with 23 single-family residential lots and 2 common lots. The gross density of the proposed plat is 1.73 d.u. per acre with a net density of 2.62 d.u. per acre, which falls within the target density of the MDR designation. The average lot size is greater than15,000 square feet. All of the proposed lots comply with the dimensional standards of the UDC. Staff is of the opinion that the proposed density is appropriate for the area and compatible with adjacent uses and zoning. All adjacent residential uses are zoned RUT (in Ada County), R-8 and R-4, and the proposed zone would be consistent not only with the surrounding neighborhoods, but also with the comprehensive plan. Access: Vehicular access is proposed for this site via one access to W. Winnipeg Street to the east and one to the west (W. Cumberland Drive). The applicant is also proposing one additional stub street to the parcel to the north east (parcel # S1225110160) for future connectivity and to limit direct access to W. Victory Road in accord with UDC standards and Comp. Plan policy 3.03.02N. Staff supports the proposed access plan. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5 -foot wide attached sidewalk along internal streets. The applicant is also required to install a 5 -foot detached sidewalk along the entire frontage of W. Victory Road in accord with UDC standards and Comp. Plan policy 3.07.02C. Fencing: Any existing and proposed fencing for the development shall be included on either a site plan or landscape plan and shall comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. Lot 1, Block 3 and Lot 1, Block 1 shall comply with the requirements of the above named UDC section in terms of fencing on common lots and adjacent to irrigation facilities. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (13.32 acres), a minimum of 1.33 acres of qualified open space are required to be provided as set forth in UDC 11 -3A -3B and Comp. Plan policy 3,07.02A. The applicant has proposed 19.9% open space for the development, or 2.65 acres of land. Since the planning and Zoning Commission hearing, the applicant has added a pedestrian pathway to their plan which slightly increases the amount of open space. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11 -3G -3A.2, in accord with the standards listed in UDC 11-3G- 3C.Based on the area of the preliminary plat (13.32 acres), a minimum of 1 qualified site amenity is required to be provided. The applicant proposes to provide a tot lot, and a gazebo as amenities for the subdivision. Staff is generally supportive of the proposed amenities. However more details on the tot lot are needed. A detail of the play equipment for the tot lot should be submitted with the final plat application. Building Elevations: The applicant is proposing to construct single-family detached homes. The applicant has submitted conceptual sample building elevations for future homes in this development. Building materials appear to consist of a mix of variety of wood siding, cultured stone and stucco with architectural shingles. The homes will not require design review, but should constructed generally consistent with the submitted elevations and materials. Commission Recommendation: Approval a. Summary of Commission Public Hearine: i. In favor: Victor Villeeas (Applicant's Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Location of fence in relation to the irritation canal ii. Is there a requirement to have a turn -around for the fire department on the northeast corner? d. Commission Change(s) to Staff Recommendation: i. Add condition 1.1.9 to read as follows: "At the east end of W. Cumberland Drive, the applicant shall provide a turn -around that meets the standards of the Meridian Fire Department." e. Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0100, as presented in the staff report for the hearing date of November 20, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0100, as presented during the hearing on November 20, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0100 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #4D: Jocelyn Park Subdivision (H-2018.0100) Application(s): ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 13.32 acres of land, zoned R-8, located near the southwest corner of W. Victory Road and S. Meridian Road. Adjacent Land Use & Zoning: The property is surrounded by residential single-family homes zoned R-8 and R-4. History: The property was annexed in 2013 as part of the Victory South Annexation. Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant proposes to develop the site with 23 single-family residential lots and 2 common lots. The gross density of the proposed plat is 1.73 d.u. per acre with a net density of 2.62 d.u. per acre, which falls within the target density of the MDR designation. The average lot size is greater than15,000 square feet. All of the proposed lots comply with the dimensional standards of the UDC. Staff is of the opinion that the proposed density is appropriate for the area and compatible with adjacent uses and zoning. All adjacent residential uses are zoned RUT (in Ada County), R-8 and R-4, and the proposed zone would be consistent not only with the surrounding neighborhoods, but also with the comprehensive plan. Block Length: The plat is required to comply with the block length standards listed in UDC 11 -6C -3F. Staff has reviewed the proposed plat and found that the west side of Cumberland Way exceeds the 750 feet as limited by code. That section of the project does not have a stub street or a pedestrian connection from the Timberline Subdivision to the west, so compliance with the 750 foot maximum is difficult. The applicant will need to request Council approval to exceed the 750 foot maximum; staff supports this request. Access: Vehicular access is proposed for this site via one access to W. Winnipeg Street to the east and one to the west (W. Cumberland Drive). The applicant is also proposing one additional stub street to the parcel to the north east (parcel # S1225110160) for future connectivity and to limit direct access to W. Victory Road in accord with UDC standards and Comp. Plan policy 3.03.02N. Staff supports the proposed access plan. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5 -foot wide attached sidewalk along internal streets. The applicant is also required to install a 5 -foot detached sidewalk along the entire frontage of W. Victory Road in accord with UDC standards and Comp. Plan policy 3.07.02C. Fencing: Any existing and proposed fencing for the development shall be included on either a site plan or landscape plan and shall comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. Lot 1, Block 3 and Lot 1, Block 1 shall comply with the requirements of the above named UDC section in terms of fencing on common lots and adjacent to irrigation facilities. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (13.32 acres), a minimum of 1.33 acres of qualified open space are required to be provided as set forth in UDC 11 -3A -3B and Comp. Plan policy 3.07.02A. The applicant has proposed 19.9% open space for the development, or 2.65 acres of land. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11 -3G -3A.2, in accord with the standards listed in UDC 11-3G- 3C.Based on the area of the preliminary plat (13.32 acres), a minimum of 1 qualified site amenity is required to be provided. The applicant proposes to provide a tot lot, and a gazebo as amenities for the subdivision. Staff is generally supportive of the proposed amenities. However more details on the tot lot are needed. A detail of the play equipment for the tot lot should be submitted with the final plat application. Building Elevations: The applicant is proposing to construct single-family detached homes. The applicant has submitted conceptual sample building elevations for future homes in this development. Building materials appear to consist of a mix of variety of wood siding, cultured stone and stucco with architectural shingles. The homes will not require design review, but should constructed generally consistent with the submitted elevations and materials. Written Testimony: None Staff Recommendation: Approval Why? [The applicant has provided significantly more open space than is required by code and he project will fit nicely with the surrounding area, Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2018-0100, as presented in the staff report for the hearing date of October 18, 2018, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2018- 0100, as presented during the hearing on October 18, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0100 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Community Development Department 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org November 15, 2018 MEMORANDUM TO: Mayor & City Council CC: Bill Nary, City Clerk FROM: Josh Beach, Associate Planner RE: Jocelyn Park Subdivision – H-2018-0100 Since the Planning and Zoning hearing on October 18, 2018, the applicant has submitted a revised site plan. The applicant has made the following changes to the preliminary plat: 1. The applicant has added a fifteen (15) foot micropath from S. Cumberland Way to the common lot platted with Timberline Subdivision (H-2017-0140). This will help in breaking up the long block length. 2. A non-buildable common lot was placed adjacent to the south boundary of parcel # S1225110160. The addition of this nob-buildable common lot will clear up the property boundary dispute between the two parcels. 3. Once the applicant eliminates the existing turn-around on W. Winnipeg Street and the applicant vacates the right of way (see exhibit below), Lot 12, Block 2 will take access from W. Winnipeg Street and will no longer be a flag lot that takes access from S. Cumberland Way. 4. The alignment of Cumberland Court was shifted slightly to accommodate the 10-foot non-buildable common lot and as such the all of the lots within Block 2 have been slightly modified in size and shape. Meridian City Council Meeting Agenda November 20, 2018 – Page 330 of 370 2 Meridian City Council Meeting Agenda November 20, 2018 – Page 331 of 370 Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 20, 2018 TO: Mayor & Council FROM: Josh Beach, Associate Planner 208-884-5533 SUBJECT: H-2018-0100 Jocelyn Park Subdivision PROPERTY LOCATION: The site is located near the southwest corner of W. Victory Road and S. Meridian Road. I. PROJECT DESCRIPTION Preliminary plat (PP) consisting of twenty-three (23) residential buildable lots and two (2) common lots on 13.32 acres of land in the R-8 zoning district. Since the Planning and Zoning hearing on October 18, 2018, the applicant has submitted a revised site plan. The applicant has made the following changes to the preliminary plat: 1. The applicant has added a fifteen (15) foot micropath from S. Cumberland Way to the common lot platted with Timberline Subdivision (H-2017-0140). This will help in breaking up the long block length. 2. A non-buildable common lot was placed adjacent to the south boundary of parcel # S1225110160. The addition of this nob-buildable common lot will clear up the property boundary dispute between the two parcels. 3. Once the applicant eliminates the existing turn-around on W. Winnipeg Street and the applicant vacates the right of way, Lot 12, Block 2 will take access from W. Winnipeg Street and will no longer be a flag lot that takes access from S. Cumberland Way. 4. The alignment of Cumberland Court was shifted slightly to accommodate the 10-foot non-buildable common lot and as such the all of the lots within Block 2 have been slightly modified in size and shape. The Meridian Planning & Zoning Commission heard these items on October 18, 2018. At the public hearing, the Commission moved to recommend approval of the subject preliminary plat. a. Summary of Commission Public Hearing: i. In favor: Victor Villegas (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None Meridian City Council Meeting Agenda November 20, 2018 – Page 332 of 370 Page 2 b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Location of fence in relation to the irrigation canal ii. Is there a requirement to have a turn-around for the fire department on the northeast corner? d. Commission Change(s) to Staff Recommendation: i. Add condition 1.1.9 to read as follows: “At the east end of W. Cumberland Drive, the applicant shall provide a turn-around that meets the standards of the Meridian Fire Department.” e. Outstanding Issue(s) for City Council: i. None II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 13.32 Future Land Use Designation MDR Medium Density Residential (3-8 DU/Acre) (Applicant is requesting a “Step Down” in Density) Existing Land Use Vacant (previously a sewage lagoon) Proposed Land Use(s) Single-family homes Current Zoning R-8 Proposed Zoning R-8 Lots (# and type; bldg/common) 23 Buildable, 2 common Density (gross & net) 1.73 Gross/2.62 Net Open Space 2.65 acres, at 19.9% Amenities Tot Lot, Gazebo Physical Features (waterways, hazards, flood plain, hillside) The Ridenbaugh Canal crosses the property just south of W. Victory Road. History (previous approvals) Annexed in 2013 as part of the Victory South Annexation (AZ- 13-014) Meridian City Council Meeting Agenda November 20, 2018 – Page 333 of 370 Page 3 B. Community Metrics Details Page ACHD report (yes/no) Requires ACHD Commission Action (yes/no) No report received to date No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) access to the west via a stub (W. Cumberland Drive), One (1) access to the east (W. Winnipeg Street) Traffic Level of Service Unknown Stub Street/Interconnectivity/Cross Access One (1) stub to the northeast to parcel # S1225110160 Distance to Fire Station Fire response time Resource reliability Risk identification Accessibility Specialty/resource needs Water supply Not Provided 7 minutes 63% 1 Meets requirements Meets requirement 1000 gallons per minute Distance to Police Station Police response time Calls for service % of calls for service split by priority Accessibility Specialty/resource needs Crimes Crashes 3 miles 3 minutes 181 calls within 1 mile of the site P3-1.1%, P-2 50.3%, P1-47.5%, P0-1.1 Accessibility is not an issue None 33 7 Meridian City Council Meeting Agenda November 20, 2018 – Page 334 of 370 Page 4 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant/Representative: Jarron Langston 9563 W. Harness Drive Boise, ID 83709 B. Owner: Epic Enterprises 9563 W. Harness Drive Boise, ID 83709 Meridian City Council Meeting Agenda November 20, 2018 – Page 335 of 370 Page 5 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 8, 2018 D. Next door posting: September 25, 2018 E. Neighbor meeting date and # of attendees: July 26, 2018 with 10 residents plus the applicant being present. V. STAFF ANALYSIS This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units (d.u.) per acre. The Comprehensive Plan allows the applicant to request a “step down” in density to justify the 1.73 gross density. The applicant is in fact requesting that “step down” from Council. The applicant proposes to develop the site with 23 single-family residential lots and 2 common lots. The gross density of the proposed plat is 1.73 d.u. per acre with a net density of 2.62 d.u. per acre, which falls within the target density of the MDR designation. The average lot size is greater than15,000 square feet. All of the proposed lots comply with the dimensional standards of the UDC. Staff is of the opinion that the proposed density is appropriate for the area and compatible with adjacent uses and zoning. All adjacent residential uses are zoned RUT (in Ada County), R-8 and R-4, and the proposed zone would be consistent not only with the surrounding neighborhoods, but also with the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use: 1. “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) 2. ”Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A) 3. “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) 4. “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) 5. “Provide housing options close to employment and shopping centers.” (3.07.02D) 6. “Encourage infill development.” (3.04.02B) 7. “Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage / backage roads.” (3.03.02N) Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 district. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11-6C-3F. Staff has reviewed the proposed plat and found that the west side of Cumberland Way exceeds the 750 feet as limited by code. That section of the project does not have a stub street or a pedestrian connection Meridian City Council Meeting Agenda November 20, 2018 – Page 336 of 370 Page 6 from the Timberline Subdivision to the west, so compliance with the 750 foot maximum is difficult. The applicant will need to request Council approval to exceed the 750 foot maximum; staff supports this request. Access: Vehicular access is proposed for this site via one access to W. Winnipeg Street to the east and one to the west (W. Cumberland Drive). The applicant is also proposing one additional stub street to the parcel to the north east (parcel # S1225110160) for future connectivity and to limit direct access to W. Victory Road in accord with UDC standards and Comp. Plan policy 3.03.02N. Staff supports the proposed access plan. Streets: The proposed internal streets depicted on the plat are public streets. A total of 50-feet of right-of-way is proposed for the internal streets. Staff supports the proposed street layout (see Block Length above). Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5-foot wide attached sidewalk along internal streets. The applicant is also required to install a 5-foot detached sidewalk along the entire frontage of W. Victory Road in accord with UDC standards and Comp. Plan policy 3.07.02C. Fencing: Any existing and proposed fencing for the development shall be included on either a site plan or landscape plan and shall comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Lot 1, Block 3 and Lot 1, Block 1 shall comply with the requirements of the above named UDC section in terms of fencing on common lots and adjacent to irrigation facilities. Easements: There are several lots that are encumbered by an existing easement. Any existing utility mains crossing this property that are no longer in use or needed, must be abandoned, and any associated easements will need to be released/relinquished. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (13.32 acres), a minimum of 1.33 acres of qualified open space are required to be provided as set forth in UDC 11-3A-3B and Comp. Plan policy 3.07.02A. The applicant has proposed 19.9% open space for the development, or 2.65 acres of land. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C.Based on the area of the preliminary plat (13.32 acres), a minimum of 1 qualified site amenity is required to be provided. The applicant proposes to provide a tot lot, and a gazebo as amenities for the subdivision. Staff is generally supportive of the proposed amenities. However more details on the tot lot are needed. A detail of the play equipment for the tot lot should be submitted with the final plat application. 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. Building Elevations: The applicant is proposing to construct single-family detached homes. The applicant has submitted conceptual sample building elevations for future homes in this development, included in section VIII. Building materials appear to consist of a mix of variety of wood siding, cultured stone and stucco with architectural shingles. The homes will not require design review, but should constructed generally consistent with the submitted elevations and materials. Meridian City Council Meeting Agenda November 20, 2018 – Page 337 of 370 Page 7 VI. RECOMMENDATION Commission finds that the subject preliminary plat exceeds the minimum requirements of the UDC and recommends approval of the proposed preliminary plat application in accord with the Findings in Section IX subject to the provisions in Section VIII. VII. EXHIBITS 1. Proposed Preliminary Plat (dated: 7/25/2018) Meridian City Council Meeting Agenda November 20, 2018 – Page 338 of 370 Page 8 2. Proposed Landscape Plan (dated: 8/9/2018)(Not Approved) Meridian City Council Meeting Agenda November 20, 2018 – Page 339 of 370 Page 9 3. Conceptual Building Elevations Meridian City Council Meeting Agenda November 20, 2018 – Page 340 of 370 Page 10 Meridian City Council Meeting Agenda November 20, 2018 – Page 341 of 370 Page 11 4. Legal Description and Exhibit Map Meridian City Council Meeting Agenda November 20, 2018 – Page 342 of 370 Page 12 Meridian City Council Meeting Agenda November 20, 2018 – Page 343 of 370 Page 13 VIII. CONDITIONS & MITIGATION MEASURES 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Applicant shall meet all terms of the approved annexation (AZ-13-014, DA Instrument # 114007668). 1.1.2 The preliminary plat included in Section VII, dated 7/25/2018, shall be revised as follows: a. The site shall comply with UDC 11-6C-3F in terms of block length, unless Council allows it to exceed 750 feet. 1.1.3 The landscape plan included in Exhibit A.3, dated 8/9/2018, shall be revised as follows: a. Fencing in compliance with UDC 11-3A-6B and 11-3A-7 shall be located on all common lots and against the Ridenbaugh Canal. b. A detail of the play equipment for the tot lot shall be submitted with the final plat application. 1.1.4 If there are any existing trees on the site that are to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site shall be noted on the landscape plan submitted with a final plat application. 1.1.5 Direct lot access to W. Victory Road, an arterial street, is prohibited in accord with UDC 11-3A-3. 1.1.6 Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in Section VII and the revisions noted in the staff report. 1.1.7 The applicant shall construct the entire landscape buffer and sidewalk along W. Victory Road with the first phase of development. 1.1.8 The applicant shall provide a master grading and drainage plan for the site with the first final plat application. 1.1.9 At the east end of W. Cumberland Drive, the applicant shall provide a turn-around that meets the standards of the Meridian Fire Department. 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- 2-A-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. Meridian City Council Meeting Agenda November 20, 2018 – Page 344 of 370 Page 14 1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 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. 1.3.6 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. 2. PUBLIC WORKS 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 There are existing sanitary sewer and water mainlines crossing the subject property. Applicant shall be responsible for the preservation of these mainlines, and incorporating into their design at a minimum 14- foot wide compacted gravel maintenance access roads over said utilities. Meridian City Council Meeting Agenda November 20, 2018 – Page 345 of 370 Page 15 2.1.3 The preliminary plat shows what we are assuming is an easement that bisects the site from the southeastern corner to the north boundary. It is believed that there are also easements along the western side of the property that were in place for power and sewer facilities when this property functioned as the sewage lagoons for the Meridian Heights Water and Sewer District. Please identify all existing easements of record, and your plan for the vacation of these easements. 2.1.4 Due to the amount of engineered fill material that must be placed within this property as part of the sewage lagoon reclamation process, the applicant shall be required to engage the services of a geotechnical engineer to review and oversee the filling and compaction operations. Compaction test results shall be submitted to the Meridian Public Works inspector on-site prior to any sewer or water infrastructure being installed, and to the Building Department for all areas within building pads receiving engineered backfill, where footing would sit atop fill material. 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 Meridian City Council Meeting Agenda November 20, 2018 – Page 346 of 370 Page 16 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 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. 2.2.18 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. 2.2.19 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. 2.2.20 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. 2.2.21 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. 2.2.22 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 Meridian City Council Meeting Agenda November 20, 2018 – Page 347 of 370 Page 17 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. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/DocView.aspx?dbid=0&id=154806&page=1& 4. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=156163&dbid=0 5. NAMPA & MERIDIAN IRRIGATION DISTRICT http://weblink.meridiancity.org/weblink8/0/doc/155960/Page1.aspx http://weblink.meridiancity.org/weblink8/0/doc/155961/Page1.aspx Meridian City Council Meeting Agenda November 20, 2018 – Page 348 of 370 Page 18 IX. FINDINGS 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. 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. c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. e. The development will not be detrimental to the public health, safety or general welfare; and Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Commission is unaware. f. The development preserves significant natural, scenic or historic features. Commission is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting Agenda November 20, 2018 – Page 349 of 370 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 9 D Project File Number Item Title: Budget Amendment for Solid Waste Advisory Commission (SWAC) Projects Not to Exceed $27,458 Meeting Notes: u APPROVED I TEM SHEET C ouncil Agenda I tem - 8.D. Presenter: Karie Glenn Estimated Time f or P resentation: 15 mins Title of I tem - B udget Amendment for S olid Waste Advisory Commission (S WAC) P rojects Not to Exceed $27,458 Spending authority for S W A C approved projects that are schedule to complete in F Y2019. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate B udget A mendment S W A C P rojects Cover Memo 11/15/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 11/15/2018 - 2:46 P M F inance.Fields, J enny Approved 11/15/2018 - 5:25 P M Meridian City Council Meeting Agenda November 20, 2018 – Page 357 of 370 CF) Y T- O O ~ N LL w C�( L \U W � C s G W C O E a 0 7 N U c� lr O o zz T c E Q " H ❑'C v W m u a L � C ai bLo 3 �t C � E � ❑ ❑o 0 � e c ��D txo Ea Q o U v v Z C - 0 v O E NNeo o c Q'a > V? 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VT V} oo O O ~ N Q Q V Q 0 0) r; N N ti v U N U Q !n O O O O O O O O O O O O O O oo Ln O O O O O O O O O O O O O ' W 00 00 00 00 00 CO 00 00 00 00 O� 00 ci ci r-1 a -I O O O O o O c o O Q O O o o O O o O O o O n u 00 Ln a N w T y � O C ai N y CL x a txo V c C Y C O O O ~ N Q Q Q 0 0) N N O� O' W 000 co ily Q N rl ci O A d o Q 0 N LL M. E City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 9 E Project File Number Item Title: Police: Budget Amendment for Criminal Investigation Division Vehicle Replacement Not to Exceed $29,000 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.E . Presenter: L t. J amie Leslie or Assigned Estimated Time f or P resentation: 10 Minutes Title of I tem - Police: Budget Amendment for Criminal Investigation D ivision Vehicle Replacement Not to Exceed $29,000 Police Department - B udget A mendment...Vehicle Replacement due to vehicle involved in accident that has deemed the vehicle a total loss C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate B udget A mendment C I D Vehicle Replacement B udget A mendment 11/13/2018 RE V I E WE RS : Department Reviewer Action D ate P olice Fields, J enny Approved 11/15/2018 - 5:22 P M Meridian City Council Meeting Agenda November 20, 2018 – Page 360 of 370 \ CL W S2 S2 O w N O O z a p p C v on +° U ❑ a f0- � � o c v o N L Cl� N v C� C �J � A N Y m E O C d d c ~ O v v d N (U m 0 E � C G v o O CU =1 U U F, -,Y O W h0 O ❑� ❑ � � m V O O v d > O C p U W w L1 u E w aj d (1 4t U U U 0 O V O l0 O d Y U ai `O f!) 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Y N o m * a Y Y a) ° c Q o u @ N i N = C ' N d O (_7 m N N .i v E Y a) a) L O 0 u 7 O 0 o 40 O m N 78 c 7 a) O O N W a) -E G aIz s Q a 1a U C O Nv° w � V � = v (u w s u _a 'o Sol a 47 ce c Q tz a a i+ C + O n ~ � v .°c o v v o w Ex a a •° � U c b '3 a " o N C O O v m O a Cv al a o v u O p C *' o v° � G ti aO a) O � u .G O) t a) a) N C E Nw l Ij �^ G v O C 13 O Ina a a, E OC b Qj h y O � v m' N W City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 10 A Project File Number Item Title: City Clerk's Office: Proposed Fee Update Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: C.J ay C oles Estimated Time f or P resentation: Title of I tem - C ity C lerk's Office: P roposed F ee Update F ederal background check fee has been increased by the F B I which aff ects our Mobile Sales Unit license as well as Pawn Broker and P recious Metal. T he F B I increased the fee $1.25. Seeking C ouncil direction on whether or not we should increase the application fee to cover F B I 's increase. T his is a pass-through fee. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I S P L etter B ackup Material 11/2/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 11/15/2018 - 2:37 P M Meridian City Council Meeting Agenda November 20, 2018 – Page 363 of 370 Idaho State Police Service Since 1939 Service Since 1939 Service Since 1939 Service Since 1939 Colonel Colonel Colonel Colonel Kedrick Kedrick Kedrick Kedrick R. R. R. R. Wills Wills Wills Wills Bureau of Criminal Identification C.L. “Butch” Otter C.L. “Butch” Otter C.L. “Butch” Otter C.L. “Butch” Otter Director Director Director Director Governor Governor Governor Governor 700 South Stratford Drive, Suite 120 700 South Stratford Drive, Suite 120 700 South Stratford Drive, Suite 120 700 South Stratford Drive, Suite 120 • Meridian • Meridian • Meridian • Meridian, Idaho , Idaho , Idaho , Idaho 83642 83642 83642 83642-- --6251 6251 6251 6251 EE EEQQ QQUU UUAA AALL LL OO OOPP PPPP PPOO OORR RRTT TTUU UUNN NNII IITT TTYY YY EE EEMM MMPP PPLL LLOO OOYY YYEE EERR RR October 11, 2018 To: All Applicant Criminal History Background Submitting Agencies RE: FBI Applicant Fee Change The FBI User Fee structure for fingerprint-based Criminal History Record Information (CHRI) checks was last adjusted in 2016. Pursuant to Title 28, Code of Federal Regulations, Part 20.31, the Director of the FBI reviews the amount of the fee periodically. The FBI recently conducted an analysis and as of January 1, 2019 , the federal fees will increase as outlined below. The fee change will be based upon the FBI completion date of the transactions. The new national check fee through BCI will be $33.25 ($13.25 federal and $20 state fees) for regular transmissions and $31.25 ($11.25 federal and $20 state fees) for volunteer transmissions. This rate change will affect all submissions for a national check. All agencies submitting 100% electronically will be eligible for a $5.00 discount per transaction from these fees. If you have any questions regarding this change, please call the Applicant Unit Supervisor, Eileen Allen, at 208-884-7159. Sincerely, Leila McNeill, CPM Chief Bureau of Criminal Identification Meridian City Council Meeting Agenda November 20, 2018 – Page 364 of 370 City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 11 A Project File Number: H-2018-0074 Item Title: Ordinance No. 18-1797: An Ordinance (H-2018-0074— Whitecliff Estates Subdivision) For Annexation Of A Parcel Of Land Being The NE'/4 Of The NW 1/4 Of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification of 40.60 Acres of Land From RUT To R-4(Medium Low Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date Meeting Notes: M I TEM SHEET C ouncil Agenda I tem - 10.A. Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 18-1797: An Ordinance (H-2018-0074– Whitecliff E states Subdivision) F or Annexation O f A P arcel Of L and B eing T he NE ¼ O f T he NW ¼ Of S ection 36, Township 4 North, Range 1 West, Boise M eridian, Ada County, Idaho, As Described In Attachment “A” And Annexing C ertain L ands And Territory, S ituated In Ada C ounty, Idaho, And Adjacent And Contiguous To T he Corporate L imits Of T he City O f M eridian As Requested By T he C ity Of M eridian; Establishing And Determining T he L and Use Zoning C lassification of 40.60 Acres of L and F rom RUT To R-4 (M edium L ow Density 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. W hitecliff E states Annexation Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate W hiteclif f Estates A nnexation ordinance Ordinance 11/15/2018 W hiteclif f Estates - E xhibit A E xhibit 11/15/2018 W hiteclif f Estates - E xhibit B E xhibit 11/15/2018 W hiteclif f Estates A nnexation ordinance S ummary Ordinance 11/15/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 11/15/2018 - 10:21 A M L egal.B aird, Ted Approved 11/15/2018 - 4:51 P M Meridian City Council Meeting Agenda November 20, 2018 – Page 365 of 370 ADA COUNTY RECORDER Christopher D. Rich 2018-111712 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 11/26/2018 10:07 AM CITY OF MERIDIAN, IDAHO NO FEE [111]1&WO2010 t] 103 EILIKIIOkil3101r."100 SLICINERk A COUNCIL -BY THE CITY :O' PALMER, AN ORDINANCE (H-2018-0074— WHITECLIFF ESTATES SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND BEING THE NE i/4 OF THE NW 1/4 OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 40.60 ACRES OF LAND FROM RUT TO R-4 (MEDIUM LOW DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES AND PROVIDING AN EFFECTIVE DATE.: BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF Ilay 101 1"1101 1 1 1 SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Brinegar Investments, LLLP. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Medium Low Density Residential) zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE — WHITECLIFF ESTATES SUBDIVISION (H 2018-0074) Pagel of 2 Meridian City Council Meeting Agenda November 20, 2018 — Page 366 of 370 SECTION 7. This ordinance shall be in full force and effect fi•om 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 Z.Qw day of I V ()\(Q5nb-er , 2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2.0'' day of IVOVen-\1 � , 2018. ATTEST• Ucusr1p , ,� o� 4 f > o ►'tat— CIA CO S, CITY CLE E ►O""° w J SPL Q STATE OF IDAHO, ) �CFHTER of the���P�J ss: County of Ada ) SOC,'&Orio COU ►)G I lc12R-� On this � day of N �V 2YWUY x2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Tand C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of eriKian, 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. (SO)ARLENE WAY NOTARY PUBLIC FOR IIYAHa COMMISSION #67390 RESIDING AT: V"AAIV—) NOTARY PUBLIC MY COMMISSIO EXPIRES: STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 A I N ORDINANCE — `VHITECLIFF ESTATES SUBDIVISION (H 2018-0074) Page 2 of 2 EXHIBIT A Whitecliffe Estates Subdivision – H-2018-0074 Legal Description Meridian City Council Meeting Agenda November 20, 2018 – Page 368 of 370 EXHIBIT B Whitecliffe Estates Subdivision – H-2018-0074 Exhibit Map Meridian City Council Meeting Agenda November 20, 2018 – Page 369 of 370 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18-1797 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of a parcel of land being the NE '/4 of the NW '/4 of Section 36, Township 4 North, Range I West, Boise, Ada County, Idaho. This parcel contains 40.60 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance sh come effective upon passage and publicat' o�ie.D AUG,,. G� mo Oily of IDIA'h ity of Meri&n Mayor and City Council By: C.Jay Coles, City Clerk IDAHO SEAL TREPsv- First Reading: Adopted after firstr ading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18-1797 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. 18-1797 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 4-70 day of 2018. William. L.M. Nary City Attorney ORDINANCE SUMMARY — WHITECLIFF ESTATES SUBDIVISION ANNEXATION (11-2018- 0074) City Council Meeting Agenda November 20th, 2018 Agenda Item Number: 12 Project File Number: Item Title: Future Meeting Topics Meeting Notes: