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2019-02-19
E IDIAN =- CITYCOUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, February 19, 2019 at 6:00 PM 1. Roll -Call Attendance X Anne Little Roberts 0 Joe Borton X Ty Palmer X Treg Bernt X Genesis Milam X Luke Cavener Location in X Mayor Tammy de Weerd (len at s o5pm) Minute Book 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard of Ten Mile Christian Church 4. Adoption of Agenda Adopted Pg 5 5. 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. Pg 6 6. Proclamation A. SkillsUSA "Team Renaissance" Day Pg. 9 7. Consent Agenda [Action Item] Approved A. Approve the Minutes from February 5, 2019, City Council Regular Meeting Agenda B. Barger Subdivision - Sanitary Sewer and Water Main Easement C. Final Plat for Edgehill Subdivision No. 1 (H-2019-0003) by Trilogy Development, Located at 1393 and 1405 W. Victory Rd. D. Final Plat for Hill's Century Farm Subdivision No. 12 (H-2019-0008) by Brighton Investments, LLC, Located on the North side of E. Lake Hazel Rd, 112 mile East of S. Eagle Rd. E. Final Plat for Hill's Century Farm No. 13 (H-2019-0010) by Brighton Investments, LLC, Located East of S. Eagle Rd., and North of E. Lake Hazel Rd. F. Findings of Fact, Conclusions of Law for Bainbridge Franklin (H- 2018-0057) by Steve Bainbridge, Located at 2075 and 2155 W. Franklin Rd. G. Findings of Fact, Conclusions of Law for Warrick Subdivision (H- 2018-0115) by Schultz Development, Located at 2445 E. Amity Rd. H. Findings of Fact, Conclusions of Law for Alicia Court Subdivision (H-2018-0107) by Riley Planning Services, Located at 4036 E. Granger Ave. I. Acceptance Agreements for Display of Artwork in Initial Point Gallery 1. Patrick Robinson, April 2019 2. Janet Sturgill, July- August 2019 3. Art Source Gallery, November 2019 J. Resolution No. 19-2129: Approving Sixth Lease Amendment for Lease of Room at Meridian Police Station to Idaho Department of Correction K. Sixth Lease Amendment Between Idaho Department of Correction and City of Meridian L. AP Invoices for Payment 2114119- $608,241.79 M. AP Invoices for Payment 2120119- $2,608,597.13 8. Items M oved From T he Consent Agenda [Action Item] 9. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staffs 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 Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. Pg. 200 A. Public Hearing for Proposed Vehicle Sharing Program Ordinance Continued to February 26, 2019 1. Third Reading of Ordinance No. 19-1809: An Ordinance Adding A New Chapter, Chapter 6, To Title 3, Meridian City Code, Regarding Vehicle Sharing Programs; Amending Meridian City Code Section 4-2-2, Regarding Party Responsible For Nuisance; Adding A New Section, Meridian City Code Section 7-1-9, To Title 7, Chapter 1, Meridian City Code, Regarding Electric Power -Assisted Bicycles And Scooters; Adding A New Subsection, Subsection 7-1-9(F), To Meridian City Code Section 7-1-9, Regarding Prohibited Parking; Adopting A Savings Clause; And Providing An Effective Date. Pg. 233 B. Resolution No. 19-2128: A Resolution Adopting New Fees Related To Vehicle Sharing Programs; Authorizing The City Clerk's Office To Collect Such Fees; And Providing An Effective Date Continued to February 26, 2019 Pg. 255 C. Public Hearing for Villasport (H-2019-0011) by Sadie Creek Commons, LLC, Located the SW Corner of E. Ustick Rd. and N. Eagle Rd. Continued to April 2, 2019 Request: Council Review of application H-2018-0121 and the Planning and Zoning Commission's requirements related to conditions of approval: a. UDC 11-4-3-2A.1, which requires all outdoor recreation areas and structures that are not fully enclosed to maintain a minimum setback of 100 feet from any abutting residential district; b. UDC 11-3A-13, which requires outdoor speaker systems associated with the use to be located a minimum of 100 feet from all residential districts;c c. UDC 11-4-3-2A.2, which prohibits outdoor event or activity centers from being located within 50 feet of any property line and limits the hours of operation to those between 6:00 am and 11:00 pm; d. Condition #2.2, which limits the hours of operation of the athletic club and spa to the hours between 4:00 am and midnight (12:00 am) for indoor activities and 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm; e. Condition #2.10, which requires the Applicant to work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot. Pg 258 D. Public Hearing Continued from January 22, 2019 for Villasport (H- 2018-0121) by Sadie Creek Commons, LLC, Located on the SW corner of E. Ustick Rd. and N. Eagle Rd. Continued to April 2, 2019 1. Request: Modification to an Existing Development Agreement for the purpose of removing the property from DA Instrument #108008770 and enter into a new development agreement Pg. 273 E. Public Hearing for Oaks North and South (H-2018-0117) by Toll ID I LLC, Located on the North and South side of McMillan Rd. between N. McDermott and N. Black Cat Rds. Continued to April 16, 2019 1. Request: A Development Agreement Modification to modify the overall boundary of Oaks North and Oaks South development and update the zoning district boundaries, the concept plan and modify/remove certain provisions of the agreement that are no longer relevant to the project Pg. 293 F. Public Hearing for Oakmore Subdivision (H-2018-0118) by Toll ID I LLC, Located near the intersection of W. Gondola Dr. and N. Black Cat Rd. Continued to April 16, 2019 1. Request: Rezone of 7.39 acres of land in the R-15 zoning district to the R-4 zoning district; and, 2. Request: Preliminary Plat consisting of eighteen single family residential lots on approximately 7.29 acres in a proposed R-4 zoning district Pg. 330 G. Public Hearing for Oakwind Subdivision (H-2018-0119) by Toll ID I LLC, Located near the intersection of N. McDermott and W. M cM illan Rds Continued to April 16, 2019 1. Request: Rezone of 16.52 acres of land from the R-15 and R-4 zoning districts to the R-8 zoning district; and, 2. Request: Preliminary Plat consisting of 82 single family residential lots and 7 common lots on approximately 16.52 acres of land in a proposed R-8 zoning district Pg. 366 H. Public Hearing for Avebury (H-2018-0141) byAD800, LLC, Located on the North side of E. Pine Ave. West of N. Locust Grove Rd. Approved 1. Request: City Council Review for the purpose of extending the expired plat to allow a 6 -month extension to obtain City Engineer's signature on the Avebury Subdivision final plat; and 2. Request: Modification to the Final Plat to depict 3 -foot PUDI easements on the east interior lot lines and propose a zero lot line between Lots 14 and 15, Block 1; and 3. Request: Modification to an Existing Development Agreement to allow for the construction of an attached single family home on Lots 14 and 15, Block 1 Pg. 380 10. Department Reports A. Fire Department: Grant Beneficiary Agreement with Ada County Emergency Management [Action Item] Approved B. Police: Office of Highway Safety Mobilization Grant Budget Amendment Not to Exceed $32,500 (Net Zero) [Action Item] Approved 11. Future Meeting Topics Adjourned at 10:22pm All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council February 19, 2019. A Meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, February 19, 2019, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Cavener, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Joe Borton. Also present: C.Jay Coles, Bill Nary, Bill Parsons, Sonya Allen, Stephanie Leonard, Kyle Radek, Jeff Lavey, Jamie Leslie, Joe Bongiorno, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts _ _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Thank you for your patience. Thank you for joining us here at City Council . For the record it is Tuesday, February 19th. It's a few minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Okay. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard of Ten Mile Christian Church De Weerd: Item 3 is our community invocation. Tonight we will be led by Larry Woodard with Ten Mile Christian Church. Thank you, Larry, for joining us. I would invite those in attendance to join us in the community invocation or take this as an opportunity for a moment of reflection. Woodard: Our Dear Heavenly Father, as we come tonight we ask that you bless this Council. May they continue making good decisions as they have in the past decade. This year they will give their blessing to several road projects, such as widening Ten Mile and Linder and I see in the paper -- and now you're pushing a Linder overpass. They have to use their best wits and arguments to get the State Highway Commission off the dime to widen Chinden. There will be a -- there will be new schools to consider, new subdivisions, new commercial construction downtown and the list goes on. I ask that you bless them Meridian City Council Meeting Agenda March 5, 2019 – Page 10 of 487 Meridian City Council February 21, 2019 Page 2 of 84 in each of these instances and that you will bless them individually and collectively as they move the city forward. Something new for all of them will be how to manage the second largest city in Idaho. I moved here in 1993 and the city was just over 10,000 people. Today it's over a hundred thousand and continues to grow. Give this Council the wise wisdom as they guide us from 100,000 to 110,000, 120,000 and even higher. I pray tonight for our law enforcement personnel, our police and I ask you keep them safe. There is just too many examples of police shootings around the nation and we don't want it to happen in this city. Protect also our firemen, our emergency medical, and other personnel who are responsible for our welfare and safety. I ask you to -- for a special blessing on the many city employees who do their jobs daily. In closing I would like to ask that you bless our Mayor in her upcoming retirement. May she enjoy her days with the family. On behalf of many in this city today we thank her for a job well done. In Jesus' name, amen. De Weerd: Thank you, Larry. Bernt: Larry, I love your prayers. The best. Item 4: Adoption of Agenda De Weerd: Item No. 4 is adoption of the agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we adopt the agenda as published with just a note for those in attendance. Item 9-E, F and G have been requested to be continued to April 16th, 2019. Milam: Second. De Weerd: I have a motion and a second to adopt the agenda as read. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Mr. Clerk, any sign-ups under Item 5? Coles: No, Madam Mayor. Item 6: Proclamation A. SkillsUSA "Team Renaissance" Day Meridian City Council Meeting Agenda March 5, 2019 – Page 11 of 487 Meridian City Council February 21, 2019 Page 3 of 84 De Weerd: Okay. Thank you. Item 6 is a proclamation and Mr. Cavener will be joining our Skills USA Team Renaissance at the podium and we have the privilege of having these young leaders come and join us at City Council and talk about areas that they will be competing in. So, after the reading of the proclamation we will ask them to introduce themselves, talk about the area that they will be competing in, where you're going to be competing and, actually, here is a great opportunity to -- to give maybe an audience that would come and watch you. That would be awesome ; right? Cavener: Thanks, Madam Mayor. I will read the proclamation and try not to butcher this too bad. Whereas the City of Meridian is proud to recognize deserving citizens of the community, especially students who accomplish great things on behalf of their community, and for a Skills USA Team Renaissance who perform numerous hours in planning and reconstructing a portable classroom with -- within one school year in West Ada School District No. 2, under the direction of the Ada Career and Technical Center where students work during class time and weekends for all deserving students and whereas Skills USA Team Renaissance has educated not only citizens of Meridian, but also the state and federal legislative officials of the importance of Skills USA and whereas Skills USA Team Renaissance has strived to finish a community center in the school year of 2018 to 2019, partnering with other students in the West Ada School District and whereas Skills USA Team Renaissance has reached out to other community organizations, such as the Lions Club, Boise State construction program and Building Construction Specifications -- Specifications Institute of Idaho and Wish Grantors of Idaho and whereas Skills USA Team Renaissance has established a partnership with Wish Grantors of Idaho who has worked with students to fulfill a family's last wish and make their life a little brighter and whereas, on behalf of the Mayor and the City Council acknowledges Skills USA Team Renaissance and the efforts of their classrooms of the West Ada Technical Center, I, on behalf of Mayor Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim February 19th, 2019, as Skills USA Team Renaissance Day in the City of Meridian and call upon the people of the Treasure Valley to celebrate the accomplishments of Skills USA Team Renaissance and it's signed by the Mayor here today. Can we give our attendees a round of applause. And Madam Mayor -- and I will just say Greg Groves was a very good friend of mine and was a great champion of this organization and will be dearly missed and personally and professionally I have had lots of opportunities to interface with -- with Team Renaissance and Skills USA and you guys are just great examples and true ambassador to our community. So, we appreciate you being here today. I have got a proclamation that's signed by the Mayor for you all and maybe if you all want to come up to the microphone, introduce yourself, talk about which competitions you are participating in and let everybody here know a little bit more about the program . I will turn it over to you. Britt: Madam Mayor, City Council Members and also ladies and gentlemen, my name is Lee Britt and I am an instructor at Renaissance High School for firefighting. I'm also on the state board for Skills USA. To tell you a little bit about Skills USA, it is a worldwide organization. There are hundreds of thousands of members in this organization . The students that you see behind me, they are all going to be competing in different categories throughout April and in June. In April we will be doing our state competition. They will be Meridian City Council Meeting Agenda March 5, 2019 – Page 12 of 487 Meridian City Council February 21, 2019 Page 4 of 84 competing in leadership events, they will be competing in skilled technical events, they will be doing interview, soft skills and -- and part of what Skills USA does for our students is that we are able to put them into leadership positions. They go through leadership training. They are also in their skilled technical areas are prepared for jobs in the future. They also learn soft skills, interview skills and help -- to help community service in helping our community throughout the year. I would like to just say that in the past four years that I have been here in Idaho as an instructor for firefighting that we have sent about 150 students to nationals, which is in Louisville, Kentucky, every year and these students have competed very well and have ended up mostly in the top ten out of all 50 states in the nation and these are the students and they will introduce themselves, tell you what they are going to be competing in and what school that they are in and what grade they are in. Nunalee: Hello guys, I'm Scott Nunalee and I go to Rocky Mountain High School. I'm in 12th grade and I'm going to compete in construction trade at the Nampa Civic Center. Shawls: My name is Sailey Shawls. I go to Rocky Mountain High School. I'm a junior. This is my second year doing Skills USA and I am competing in community service. Belgrito: My name is Al Belgrito. I'm a senior at Centennial High School and I am also part of the community service team. Lent: My name is Craig Lent. I'm a sophomore at Eagle High School and I'm competing in chapter display. McCosh: Hello. I am Ian McCosh. I am a sophomore at Mountain View and I will be competing in chapter display. Martin: Hello, everybody. I'm Logan Martin. I am a junior at Eagle High School and I am competing in fire services. Pollock: Hello. My name is Olivia Pollock. I'm a junior at Mountain View High School and I will be also competing in fire services. Sal: I'm Sal. I go to Mountain View and competing for law. Sawyer: My name is Raymond Sawyer. I'm a junior at Rocky Mountain High School and I will be competing for law enforcement at the Idaho POST Academy. Noah: My name is Noah. I'm also competing on law enforcement and last year I was here around the same time and I promised Mayor Tammy I would bring home a gold medal and here is that gold medal for you. This is just a state metal, but I promise I will bring home a giant gold national medal this year. Item 7: Consent Agenda [Action Item] Meridian City Council Meeting Agenda March 5, 2019 – Page 13 of 487 Meridian City Council February 21, 2019 Page 5 of 84 A. Approve the Minutes from February 5, 2019, City Council Regular Meeting Agenda B. Barger Subdivision - Sanitary Sewer and Water Main Easement C. Final Plat for Edgehill Subdivision No. 1 (H-2019-0003) by Trilogy Development, Located at 1393 and 1405 W. Victory Rd. D. Final Plat for Hill's Century Farm Subdivision No. 12 (H-2019- 0008) by Brighton Investments, LLC , Located on the North side of E. Lake Hazel Rd, 1/2 mile East of S . Eagle Rd. E. Final Plat for Hill's Century Farm No. 13 (H-2019-0010) by Brighton Investments, LLC , Located East of S . Eagle Rd., and North of E. Lake Hazel Rd. F. Findings of Fact, Conclusions of Law for Bainbridge Franklin (H2018-0057) by Steve Bainbridge, Located at 2075 and 2155 W. Franklin Rd. G. Findings of Fact, Conclusions of Law for Warrick Subdivision (H2018-0115) by Schultz Development, Located at 2445 E . Amity Rd. H. Findings of Fact, Conclusions of Law for Alicia Court Subdivision (H-2018-0107) by Riley Planning Services, Located at 4036 E . Granger Ave. I. Acceptance Agreements for Display of Artwork in Initial Point Gallery 1. Patrick Robinson, April 2019 2. Janet Sturgill, July- August 2019 3. Art Source Gallery, November 2019 J. Resolution No. 19-2129: Approving Sixth Lease Amendment for Lease of Room at Meridian Police Station to Idaho Department of Correction K. Sixth Lease Amendment Between Idaho Department of Correction and City of Meridian L. AP Invoices for Payment 2/14/19- $608,241.79 M . AP Invoices for Payment 2/20/19- $2,608,597.13 Meridian City Council Meeting Agenda March 5, 2019 – Page 14 of 487 Meridian City Council February 21, 2019 Page 6 of 84 De Weerd: Okay. Item 7 is -- thank you, Mr. Cavener, for doing that. Okay. Item No. 7 is our Consent Agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve our Consent Agenda as published, for the Mayor to sign and the Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Items Moved From The Consent Agenda [Action Item] De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: Action Items A. Public Hearing for Proposed Vehicle Sharing Program Ordinance Third Reading of Ordinance No. 19-1809: An Ordinance Adding A New Chapter, Chapter 6, To Title 3, Meridian City Code, Regarding Vehicle Sharing Programs; Amending Meridian City Code Section 4-2-2, Regarding Party Responsible For Nuisance; Adding A New Section, Meridian City Code Section 7-1-9, To Title 7, Chapter 1, Meridian City Code, Regarding Electric Power-Assisted Bicycles And Scooters; Adding A New Subsection, Subsection 7-1-9(F), To Meridian City Code Section 7-1-9, Regarding Prohibited Parking; Adopting A Savings Clause; And Providing An Effective Date. De Weerd: So, we will move into the Action Items. Our first public hearing up is on the -- Item 9-A, the public hearing for proposed vehicle sharing program ordinance. I thought I would -- first we might have some new folks in the audience here wanting to provide testimony. During the public hearing process for ordinances we will read the -- the ordinance by title only and, then, open it up for public comment. You have three minutes Meridian City Council Meeting Agenda March 5, 2019 – Page 15 of 487 Meridian City Council February 21, 2019 Page 7 of 84 to provide your thoughts and comments and, then, Council, this is the third reading, they will decide if they want to make any changes to the ordinance and move it forward or if they do make changes, then, it will go through the reading process at their discretion. For those who are here for land use process I will explain that when we get to the land use section. So, with that, I will go ahead and ask our city clerk to, please, read Ordinance 19-1809 by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1809, an Ordinance adding a new chapter, Chapter 6, to Title 3, Meridian City Code, regarding vehicle sharing programs; amending Meridian City Code Section 4-2-2, regarding party responsible for nuisance; adding a new section, Meridian City Code Section 7-1-9, to Title 7, Chapter 1, Meridian City Code, regarding electric power-assisted bicycles and scooters; adding a new subsection, Subsection 7-1-9(F), to Meridian City Code Section 7-1-9, regarding prohibited parking; adopting a savings clause; and providing an effective date. De Weerd: This is the third reading and we are taking public hearing on the ordinance that is in front of Council. Mr. Nary, can you give a brief overview of where we are and the intent of the ordinance. Nary: Yes. Again, thank you, Madam Mayor, Members of the Council. So, the ordinance that's been proposed has been on your agenda for the last couple of weeks. Basically it creates an operator system for our licensee to request the ability to operate this business within the city. They have a minimum number of vehicles they have to provide as part of that service, as well as a maximum number as well. Again, it's an application process for a licensee. The maximum is two licensees currently and the ordinance maximum of 700 scooters that can be deployed by each licensee -- or, excuse me, total amount of 700 to 350 per licensee with a minimum of a hundred. The other portion that you have in front of you for review on this program is related to the regulations for operating these vehicles -- or operating the scooters, how they can be used, where they can be used. There is one issue I do need to raise for the Council to consider in -- in the drafting of it there -- we discovered today there is a discrepancy between the licensee portion and the operation portion and what that is is in the discussions by the committee there was a discussion on whether or not to park these vehicles on private property where a written permission would need to be provided or be secured prior parking and the committee felt that that was a difficult thing to enforce and made a decision not to require it. So , in the operator section is not in there that that is required, but in the parking provision it is and so it got overlooked in the drafting and so my recommendation would be to pick either one. There is certainly pros and cons on both sides on whether to require written permission to or to not and -- and the committee had made a decision not to require it, but it does need to be cleaned up prior to publication for a final ordinance, that it either needs to be required or not, that it can't be -- it can't conflict. So, if there is other questions I can answer those. De Weerd: Council, any questions? Cavener: Madam Mayor? Meridian City Council Meeting Agenda March 5, 2019 – Page 16 of 487 Meridian City Council February 21, 2019 Page 8 of 84 De Weerd: Yes, Mr. Cavener. Cavener: Couple questions. First for Mr. Nary. I know Emily is not here, but that piece about written permission for private property, how do other municipalities across the country handle that? What was the discussion from the committee about that? Nary: Mr. Coles was a part of the committee, so he could probably answer that. I will tell you from the practical standpoint right now when you're looking at a vehicle -- so, not this type of vehicle, but other vehicles, there are parking lots and things that are open to the public and there are places to park vehicles and such and I don't know if that was the gist of it, but that's really how it is handled for private vehicles in general is that -- it depends on the -- and they could sign it, they can post it. If they want to post no scooters on their property they can. So, they have the ability to enforce that themselves if they wish. The difficulty is -- on the enforcement end is -- and, again, thinking of it in relation to vehicles -- the operator of the vehicle never gets the parking ticket, it always goes to the vehicle itself. So, I don't know if the concern from the committee was trying to address that from the operator standpoint, from the -- the franchisee's standpoint, so -- and that may have been -- and, again, Mr. Coles can help with that, but it's certainly not undoable. I mean it -- and I can give you one common example. If you rent a vehicle from a commercial vehicle rental, Alamo, Hertz, whatever, they do -- almost every one of them will now tell you if you get a citation in this vehicle or charge , like a parking ticket or a toll bill or something like that and don't report it or take care of it, when it comes back to them they will charge your credit card for it. So, there are means that the -- that the -- the property or the -- the owner of the scooter can address this issue as well if they wish. But that's up to them. But, again, Mr. Coles could probably help with more of that. But that's the general way of enforcement. De Weerd: Mr. Coles. Coles: Thank you, Madam Chair. Unfortunately, I don't think I can really add much more to that. I don't recall specifically this piece of the conversation . We have had many conversations about this, other than I know it was -- and enforcement was the biggest issue here, how is the city going to handle enforcement of that, especially on private property. But the specifics down that -- that road I do not recall this conversation. Cavener: Madam Mayor, I guess an additional question. I learned today that -- it looks like Kaycee for the Mayor's office put out a poll asking the public for their feedback. I'm just curious the methodology around that poll, when that was pushed out, who that was pushed out to and scientific validity behind it and jus t put in our packet for consideration. Who the right person is to talk to about that. De Weerd: It was just a question that was put out on NextDoor to get a sense of, one, does the public know that this was up as an item for discussion in front of Council and since we did get comments that people didn't know about it, it was to -- to say, hey, what are your thoughts, yes, no, don't know. So, there is nothing scientific. Just another way Meridian City Council Meeting Agenda March 5, 2019 – Page 17 of 487 Meridian City Council February 21, 2019 Page 9 of 84 to -- to get public sentiments and to let the public know that this was an item for discussion in front of Council. Cavener: Madam Mayor, follow up? De Weerd: Uh-huh. Cavener: Do we know how long the poll was up for and who was able to access it or see it? De Weerd: Yeah. Everyone on NextDoor. It was sent out like we put out all our communications on NextDoor. Cavener: Sorry, Madam Mayor. Do we know -- De Weerd: I don't know how long. No. Cavener: Thank you. Coles: Madam Mayor, -- I can -- I believe I can answer that. De Weerd: Mr. Coles. Coles: Thank you. It was put out Friday at some time. I don't know the exact time of day on Friday, but it was put out on Friday. Cavener: Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I believe over 800 people replied to it, so -- De Weerd: Okay. Anything further at this point? Okay. Mr. Coles, I would ask if you could read the names of those that have signed up. Coles: Thank you, Madam Mayor. We do have a few sign-ups this evening. Russell Spearman is the first on the list to address the Council. De Weerd: Good evening. If you will, please, state your name and address for the record. Spearman: It's Russell Spearman. 411 West Claire Court, Meridian, Idaho. De Weerd: Thank you. Meridian City Council Meeting Agenda March 5, 2019 – Page 18 of 487 Meridian City Council February 21, 2019 Page 10 of 84 Spearman: Madam Mayor, Members of the City Council, my name is Russ Spearman and I'm a 39 year resident of the City of Meridian. I'm also on the board of directors for the Brain Injury Alliance of Idaho, a 501(c)(3) that promotes awareness, understanding and prevention of brain injury based on the express needs of individuals with a brain injury in their families. Since 2000 I have served as the program director for Idaho's traumatic brain injury program for the state of Idaho through Idaho State University's Meridian campus. My comments today are specific to the ordinance 19 -1809. I'd like to begin by saying companies like Bird, Lime, Scoot or Spin offer smartphone applications allowing users to search for a scooter nearby, tap to run it, and they are free to ride away, but they don't require and enforce helmets and representatives from emergency departments across the nation express concern throughout this past summer. Electric scooters have an average top speed of 15 miles per hour, significantly faster than the six miles per hour cruising speed of a bicycle. They are also less than half the size and in many cities downtown neighborhoods ill equipped to navigate the -- the terrain, storm grates, broken sidewalks, potholes and traffic. Injuries suffered in electric scooter accidents can be devastating, especially without a helmet. Traumatic brain injuries are devastating to the individual, his or her family members and loved ones, coworkers in the community. Ashanti Jordan has not woken up since the day six weeks ago when she hopped on a green and black scooter and took off onto a downtown Fort Lauderdale street . A car hit her as she rode for the -- rode the for rent scooter. The initial police investigation says she ran a stop sign and was struck by an oncoming Toyota Corolla, sending her flying about 25 feet. Today she lies in a vegetative state in a hospital with a fractured skull, a severe brain injury and multiple broken ribs. Doctors also had to remove a portion of her skull. Her family's currently suing Lime, because the Lime application indicates that riders must ride in the street, but the local policy in our city is to ride on the sidewalk. This discrepancy, along with people neglecting to wear helmets, has led to accidents such as this one. The Lime app states that riders must wear a helmet, but not all riders, including the woman in this accident, abide by that rule. Closer to home, just this past fall we had the man in the dinosaur costume who fell off the e-scooter and struck a woman in a Boise crosswalk. There has been at least one death in Dallas, Texas, as a result of e-scooters. As has already been alluded to, the poll conducted by the Meridian Mayor's office shows that out of 850 Meridian residents only 37 percent supported the operation of e-scooters in Meridian, while 56 percent oppose their operation. In the January 2019 edition of the Journal of American -- from the American Medical Association, they looked at injuries associated with standing electric scooter use from two separate hospital emergency rooms. They found that the most common injury were falls at 80.2 percent, collision with an object at 11 percent, being hit by motor vehicle or object at 8.8 percent. Only ten individuals or 4.4 percent of all riders were wearing a helmet. I would like to end my comments by saying that the Brain Injury Alliance of Idaho is not opposed to the use of e-scooters or e-bikes, but believes that the ordinance before the City Council does not include the safeguards and protections that should be afforded to all residents of Meridian. Some of the recommendations we would like to suggest are the following: I think we would all agree that the rollout last spring of the use of e-scooters was premature on too large a scale and it did not include protections for both the rider, as well as the community. We would recommend piloting by downsizing the number of riders to 50, consider limiting to a particular geographic area within the city limits, collect additional data and make Meridian City Council Meeting Agenda March 5, 2019 – Page 19 of 487 Meridian City Council February 21, 2019 Page 11 of 84 adjustments based on use and feedback. Another recommendation would be to consider the use of a helmet similar to the echo helmet. That's a new helmet that's out. It's a unique honeycomb structure that absorbs impact by spreading the blow evenl y around the head in the case of a crash when riding and it should be a requirement and forced in the ordinance. We would also like to -- like to recommend that consideration be given for including a minimum age requirement for the use of e-scooters in the ordinance. We would like to recommend 18 years of age for use of an e-scooter. We also recognize that there exists an inability to monitor those that are using an e-scooter. Lastly, we would like to just say that given the population growth and desire to improve the city's infrastructure, we also recommend moving forward with a time limited work group or advisory group involving all interested -- interested stakeholders that would assist city leaders in coming up with a plan, thereby mitigating und ue harm on riders, as well as citizens of this great community. I would like to leave you with this quote from the executive director of the Brain Injury Association of America. When you hit a pothole on a bicycle -- when you hit a pothole on a bicycle with a 26 inch wheel, you may have an issue . When you hit a pothole on any scooter with a six inch wheel you are going to have an issue no matter the age or size of the rider. Meridian city leaders must protect their communities by demanding e-scooter companies offer protective equipment, especially helmets for all riders. Members of the Meridian City Council, thank you for the opportunity to provide feedback. I stand open for questions, if that's appropriate. De Weerd: Thank you. Council, any questions? We appreciate you joining us. Cavener: Madam Mayor? Sir? I do have a question. De Weerd: Mr. Cavener. Cavener: Mr. Spearman, thank you for being here. I appreciate having someone with a unique subject matter expertise coming to provide some testimony tonight. A couple questions that will help -- kind of help me. Are you aware of what, if any, laws exist in Meridian or in Idaho that require helmets of any kind, whether it's off a scooter share, personal bike -- again, I look back when I was in elementary school and high school, I never used a helmet on a bike. Now I do all the time. I never wore a helmet when I was skiing because, apparently, I wasn't crazy and now I wear my helmet all the time. I'm just trying to understand if those have happened by -- by people modifying their habits or if that is a result of -- of law. And you may be the best qualified person to provide some of that expertise. Spearman: To my knowledge there is no helmet law in the state of Idaho as it relates to bicycles or motorcycles for that matter. There wasn't when we moved back in 1998 when the state underwent Medicaid modernization and Governor Kempthorne tried to move forward with -- with some legislation at that time, but it didn't -- it didn't go anywhere. That's not to say that, you know, at the municipal or the -- or the city level that -- that helmet use, you know, couldn't be prescribed. I think -- I think from an enforcement standpoint clearly that's -- that's an issue. I will say that -- you know, I read -- I read this morning in the state of California for an individual 18 years of age on an electric scooter Meridian City Council Meeting Agenda March 5, 2019 – Page 20 of 487 Meridian City Council February 21, 2019 Page 12 of 84 without a helmet, they can get fined 500 dollars. Pretty -- pretty steep. It is California. But if it was -- if there was a fine commensurate, you know with the -- with -- with the City of Meridian that might be a deterrent and to your point, I never -- I never wore a helmet growing up as a kid, but, boy, my -- my children sure do and whether they are -- whether they are skiing at Bogus or -- or on their bicycle. Cavener: Madam Mayor. We drove up to Bogus two weeks ago and realized that I didn't have my helmet and so we drove an hour back down to grab the helmet and an hour back. So, it's -- it's habit forming and it's good. Madam Mayor, a couple other questions. Your -- your comment about an age in the audience I think is really intriguing and I'm just curious from your perspective should that pertain only to those who use these kind of rental services? I think because I have been researching scooter shares, my Google ad and my social media ads are just inundated with -- by -- by e-scooters and -- and don't -- don't rent one, just own one and so I guess from your perspective should an age for an ordinance only pertain to someone who is going to be using this mobile device to check one out or should we be setting an age restriction for anybody who wants to use an electric scooter or nonelectric scooter or a bike? As someone who really represents brain injury, I'm really interested in -- to kind of what you think are some of the best practices for us as a city to -- to consider. Spearman: I had a difficult time -- I had a difficult time coming up with the age. You know, I began with -- with 14 to 16 years of age and, then, I found that in looking at, you know, what some of the other ordinances look like out there, that 18, you know seemed reasonable. That's the -- you know, it's the legal emancipated age and, you know, for most states. I surmise -- I can't specifically tell you that this is a fact, but I surmise that when -- when we had the roll out here in Meridian that they were -- that there were many people under -- under 18 years of age that were -- that were using those scooters and maybe as young as ten and 12 years -- years of age. At least they looked that young. And I think there may have been a lot of -- you know, a lot of work in getting the information out to the community, but I don't -- I don't suspect -- I don't believe that the community was ready. I know -- I'm president of my homeowner's association and I can tell you that we were not prepared for -- to see e-scooters on sidewalks. Cavener: Madam Mayor? Mr. Spearman, I'm -- I'm on the City Council and I wasn't prepared for it when -- when they deployed. So, I think that's one of the reasons why we as a Council are taking this so seriously. Madam Mayor, one more question if I may. Your -- your comment about a pilot, smaller scooters in a certain geographic area, and you -- your -- the word used to -- to gain data and feedback, what -- what data and feedback would you hope to attain from -- from a smaller pilot from your perspective that would be beneficial, either to move you either in favor or in opposition? Because, essentially, I think you're kind of neutral. Spearman: I think -- I think the City Council has -- has the ability to be able to draw some geo -- geographic boundaries around -- around the city without -- without being discriminatory in any way and can limit the number of scooters that may not be palatable to the franchisee, but they will -- they will recoup their money eventually and to start small, Meridian City Council Meeting Agenda March 5, 2019 – Page 21 of 487 Meridian City Council February 21, 2019 Page 13 of 84 you know, in a locale. I just think it makes good sense, because I think there is a lot that we don't know as it relates to e-scooters. It's not just the City of Meridian, it's -- it's -- you know, Boise is struggling with this issue as well. So -- so, my question would be why not -- why not go slow? Why not move into this incrementally. Cavener: Madam Mayor. Help me, though, because I think that if -- if we -- let's say we were to do a smaller geographic area for the intent of gaining data , we as a Council or the Mayor or city go to these operators and say this is data that we need and I guess I'm struggling to find out what are the -- what are those things -- what are those data points that a city would want to see to help -- and for someone who works in brain injury would want to be aware of to help better form your opinion. Spearman: The biggest issue would be what's the age of the rider. What's the terrain that they are riding on. Are they riding on sidewalks? Are they riding on -- on -- on paved roads? You know, are they -- are they wearing a helmet? You know, the -- I mentioned the age. Injury. You know, would be -- have they -- you know, have they sustained an injury. I mean, obviously, on the enforcement side it's going to fall to the franchisee to some extent, but I think it's also going to fall to our -- our law enforcement folks and -- I don't know if that answers the question or not. Cavener: I appreciate it. I really do. Appreciate you being here tonight and I appreciate your testimony greatly. Spearman: Thank you. De Weerd: Thank you. Any other questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Not a question, just -- the only helmet law that I'm aware -- as I'm looking for nods or shakes -- is that on motorcycles if you're riding or driving a motorcycle and you're under 18 that you're required to have one. I don't know that we have any other helmet laws in Idaho. Yes, that was confirmed. Spearman: Thank you. De Weerd: Thank you. Coles: Next is Brian Leslie. De Weerd: Good evening and thank you for joining us. If you will, please, state your name and address for the record. Meridian City Council Meeting Agenda March 5, 2019 – Page 22 of 487 Meridian City Council February 21, 2019 Page 14 of 84 Leslie: Good evening, Madam Mayor and City Council. My name is Brian Leslie. I'm at 4647 North Tipton, Meridian. 83646. De Weerd: Thank you. Leslie: So, as Councilman Cavener probably already knows, I'm a member of the Transportation Commission with Meridian. I'm also a member of the bicycle advisory committee for ACHD. I'm not here on behalf of either of those today. I'm just here as a private citizen. I'm an advocate of alternative transportation models, helping people get around other than in cars. So, first I want to thank the Council for being open and receptive to the e-scooters and e-bikes. They are a low cost, nonpolluting, congestion reducing typically options that frequently replace motor vehicle trips and I don't know if anybody saw, but Portland had a four month pilot program and they released a study that was very detailed and they found that about 35 to 40 percent of scooter rides replaced vehicle trips. So, Boise's had the program I think since mid October and by and large it's been pretty good. There was the one incident with some guy in a dinosaur suit riding on a sidewalk and he hit somebody, but by and large has been a pretty successful operation. I do want to say, though, that some of these operators have made mistakes in other cities when they have rolled out and it wasn't exactly smooth here in Meridian either. I think the -- the operators need to be more proactive when they enter these communities with educating users on how to ride them, how to park them, you know, what -- where to ride, where not to ride and they have that capability to custom tailor their instructions to a particular community and I think they really also need to have more enforcement on their own part for where people are parking these scooters, b ecause every time somebody has to park these they have to take a picture of it, so they have a record of what it looks like and if it's in the middle of the street, you know -- and up to this point in time it seems like they really haven't taken any action against their users. So, my question on the ordinance is -- it appears that it's only for vehicle sharing, e-scooters and e-bike. You don't have to answer now, I just want to throw it out there, but are personal e-scooters and personal e- bikes included -- I'm seeing heads -- they are not included in this. Okay. So, I have concern about -- concerns about that, because if personal e-scooters and e-bikes are not included in this ordinance, if this ordinance is adopted as is, the rules for personal devices are going to be different than these vehicle sharing devices, which is a bad idea. People are -- they need to be the same; right? An e-bike is an e-bike whether it's a vehicle sharing or your own personal one. On Section 3-6-3D I was curious why there is an hours of operation limit, 11 :00 p.m. to 6:00 a.m. ban. They have headlights. They have tail lights. So, I was just curious why they have that in there. It also said the scooters need to be physically removed -- oh. Said the scooters need to be removed, but it -- does that mean if it's physically removed or -- from the public domain or just inactivated for riders to ride them? Section 3-6-3E2. It's -- it's a good -- a good idea in principle, particularly for those people with vision and mobility limitations, but it says you can't block us -- the sidewalk has to stay five feet clear and it seems, just from my walking around the city, do we have any sidewalks that are more than five feet wide? I think most of our sidewalks are pretty narrow. De Weerd: Yes, we do. Meridian City Council Meeting Agenda March 5, 2019 – Page 23 of 487 Meridian City Council February 21, 2019 Page 15 of 84 Leslie: Do we? De Weerd: Uh-huh. Leslie: We have a few, but like in my -- my subdivision -- De Weerd: We would love to see more, but -- Leslie: Right. So, if the sidewalks are less than five feet I'm assuming they can't put them on the sidewalk, they would have to put them on private property. De Weerd: And, Brian, if you can start wrapping up your remarks. Leslie: Okay. De Weerd: Your three minutes were up two minutes ago. Leslie: Oh, man. I'm sorry. I guess Boise's program is working pretty well. I think we should probably emulate their -- their regs that they enabled. So, really, my biggest concern is Section 7-1-9-2. If you eliminate A, B and C and just tell people ride on the sidewalk if you can and you don't feel safe in the street, it's working for Boise fine and that's pretty much all I had. De Weerd: Thank you very much. Council, any questions? Cavener: Madam Mayor? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Thank you, Madam Mayor. Brian, you said it could replace vehicle trips and I'm curious in Meridian where we don't have other forms of transportation -- because most of what I have experienced are people is getting off a bus and, then, getting a scooter and going to work or things like that where they have been either going to walk or use another form, but where we don't have much other transportation to connect to, what kind of trips are you imagining them replacing in Meridian? Leslie: I would imagine Lime has a lot of that data to show where people are -- are riding them. I would venture to guess it's closer to the core -- to the downtown core. Eagle Road. But I -- yeah, you're right, we don't have much public transportation here. So, it's probably going to be from their home -- Little Roberts: Thank you. Cavener: Madam Mayor? Meridian City Council Meeting Agenda March 5, 2019 – Page 24 of 487 Meridian City Council February 21, 2019 Page 16 of 84 De Weerd: Mr. Cavener. Cavener: Commissioner Leslie, I appreciate you being here. Brian Leslie. There was a -- the previous testimony talked a lot about helmets and I'm just curious for someone who does a lot of work for bicyclists and bicyclists' rights and working with the highway district, what's your opinion on should the City Council be requiring operators to have helmets? Should we be looking as a city to require helmets amongst all riders, whether it be electric scooters or bicycles? I'm curious if you have any insight on that you would be willing to share. Leslie: Unequivocally, absolutely no mandatory helmet laws. Mandatory helmet laws reduce ridership. That has been proven everywhere it's been enacted and they don't keep you safe. When you get -- the vast majority of bicycle injuries or when a car hits a bicycle and 4,000 pounds hitting you, a little foam hat is not going to save you. Helmets were designed for low impact, low speed, kind of injuries and those are few and far between. Cavener: Thank you. Leslie: Infrastructure is the best thing. Cavener: Thank you, sir. De Weerd: Off street lanes that bicyclists and e-scooters can travel safely; right? Leslie: Yeah. That would be great. De Weerd: Any other questions? Thank you. Leslie: Thank you. Coles: Next is Jonathan Hopkins. De Weerd: Thank you for joining us. If you will, please, state your name and address for the record. Hopkins: Jonathan Hopkins. Bell Street in Seattle, Washington. So, good evening, Mayor de Weerd and Council. We wanted -- I'm Jonathan Hopkins, the regional government relations manager for -- for Lime and you may know my colleague Megan, who is here. She's met with some of you and also colleague Aaron , who is coaching a son's basketball game tonight, so I decided to come on over and stand in for them here tonight. I definitely want to thank everybody for the opportunity to speak today and thanks for your work to bring new mobility options to Meridian that the community we have seen is eager to use. We are also eager to continue to collaborate with the city, local businesses, local civic organizations to help bring a coordinated seamless scooter launch to the city. In fact, we have learned from our experiences early in this history and you Meridian City Council Meeting Agenda March 5, 2019 – Page 25 of 487 Meridian City Council February 21, 2019 Page 17 of 84 were part of that history about how important that good community engagement is and because of that, that's -- those lessons have been applied in other cities. We build really close relationships with the community and we are doing that currently in Boise. In fact, we just came from meetings with the city of Boise earlier today. Their staff is busy working on rules to double the size of the scooter fleet in their city at the direction of council, because of council's satisfaction with how that -- that program has gone in the city of Boise. Also, you know, Lime takes safety very very seriously. We want our customers to remain our customers and to remain healthy good citizens in their communities . Our outreach encourages use of helmets and other safety best practices and we are eager to collaborate with organizations that are focused on safety. Specifically we launched a three million dollar campaign that we called Respect The Ride in the fall, which focuses on both education outreach, such as asking users to take a pledge to ride sa fely, distributions of tens of thousands of helmets and we even have developed new scooters that we are -- we are testing now that have two inch larger wheel bases, front shocks, much more stable to improve safety. In fact, we do know from cities that have collected data on safety -- namely Salt Lake City and Portland. The Multnomah County Health Department, Portland, and the city of Salt Lake's -- the city's DOT -- both say there is no indication that injuries and accidents from scooters are significantl y different than those affecting pedestrians or bicycle riders. We are a strong supporter this measure, noting the committee's original intent that private property owners be able to keep scooters off their property, but the written intent -- written approval not be required. We definitely thank Meridian for your leadership on this, to help bring new mobility options to further -- to greater parts of the Treasure Valley. So, thank you for your time tonight. De Weerd: Thank you. Hopkins: We are always happy to answer any questions that you have. De Weerd: Thank you. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Just to get a little bit of perspective -- you mentioned Portland. So, can you give us an example of how many scooters you have deployed there . I know we are talking a much larger city, but -- Hopkins: Portland had a total of 2,000 scooters initially, but their DOT believes that -- their DOT says a lot more could be put on the streets -- like thousands and thousands more to meet the demand of the city. Milam: Because the city limits of Portland it's -- okay. And, Madam Mayor, follow up. How many accidents that -- that come back to you, are you aware of? And maybe that -- you probably need more parameters. Meridian City Council Meeting Agenda March 5, 2019 – Page 26 of 487 Meridian City Council February 21, 2019 Page 18 of 84 Hopkins: Yeah. I don't have specific data on accidents from Portland that Lime collected. The best information we have is from the Multnomah County Health Department, that the general takeaway is that there were fewer accidents during that period than there were on bikes and -- but there is certainly a learning curve and as -- even as people started using scooters more the number of accidents went down. So, it's just like getting on a bike for the first time, people should do it at low speed and figure it out. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Thank you. Thank you for coming. Hopkins: It's a pleasure to be here. Bernt: Yeah. Remind me what the minimum age is for Lime. Hopkins: For us we require people to be 18 years of age. Bernt: And remind -- Madam Mayor, follow up. De Weerd: Uh-huh. Bernt: Mr. Nary, what is -- I don't remember what our ordinance is saying -- do we have a minimum age in our -- I don't remember seeing that. Nary: I don't believe so. Can I add one more thing, Councilman Bernt. And not specifically that question, but it was brought up that the ordinances before you only apply to the leasing companies. The operation ones, 7-1-9 and 7-2-2 apply to all scooters, not just ones that are rented. The other parts regarding the licensing only apply to those companies. But the operational ones are to everyone. But there isn't an age limit. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Mr. Hopkins, how many -- so, more people earn a -- an income from Uber than from any other company in the world, because of their -- their platform and their ability for pretty much anybody to take advantage of the earning opportunity there. How many people locally are earning an income off of Lime's juicer service? Hopkins: In the Treasure Valley it's hundreds. Palmer: Hundreds? Any idea how many hundreds, roughly? Meridian City Council Meeting Agenda March 5, 2019 – Page 27 of 487 Meridian City Council February 21, 2019 Page 19 of 84 Hopkins: We have over 20 staff. They are full-time staff in Boise. That number will increase should Meridian allow scooter service here and those employees can come from throughout the region. Additionally, there is juicers -- I mean our company is named Lime, so everything has to be metaphorically correct. So , the juicers are recharges for the scooters and those people come from throughout the community. It has -- it has an equity impact, in fact. It's five to 20 dollars per scooter that you recharge. It's pretty easy to do. People of all ages and abilities can go do that sort of thing and earn money on their own time and it helps take care of the community, they help deploy them in the morning, based on guidance they get through an app showing where the proper deployment zones are. Palmer: Thank you. De Weerd: Mr. Hopkins, I guess I have a question in terms of this ordinance holds the operators accountable to the driver's behavior. How does the company hold driver's behavior accountable? Hopkins: Madam Mayor, I think that's something as we continue to innovate and evaluate best practices it improves safety and helps bring proper norms to communities. We are definitely exploring like what sort of options work from just notifying riders if they have been noticed, you know, doing something to violate the rules or leaving the scooter in a place that it shouldn't have been left. But there is -- I think we will see continued evolution or exploration of like what tools work best and companies like this love to beta test and test, okay, is the behavior better through one type of activity than another. Much more than -- anything more aggressive than that is just something that sometimes communities discuss with us. De Weerd: So, you could have repeat behavior from one user that -- that is ongoing, there is no way that you have to block their usage or anything like that ? Hopkins: We are definitely able to do that, should we decide to. With good cause. De Weerd: Because certainly the first four days of the rollout showed a lot of bad behavior and they weren't 18. I know you require the helmet. I -- I also know not very many people walk the streets of Meridian with a helmet in their hand looking for something to ride. So, that one's difficult, but if you require these different things that you have a credit card, you're 18, you have a helmet, how do you enforce that? Hopkins: If there is reports of something with a certain user's account, that's something we can deal with and continue to talk to the city about. Beyond that -- there is certainly certain norms that have to develop, like people have to have a chance to use these sorts of things, just like we have certain norms with biking, certain norms with cars, those things have been developed over decades and the way we get to that is both by having a community that has expectations. What we found is on these scooters it's not just 19 year olds and 20 year olds riding it, but it's the broad swath of the community and when we have the whole community out there, there is a self policing aspect of that over time, as well as the communication that we have with local city government, with the police Meridian City Council Meeting Agenda March 5, 2019 – Page 28 of 487 Meridian City Council February 21, 2019 Page 20 of 84 department, to try and tweak things where necessary to help the proper best norms develop to help people both have mobility and safety at the same time. De Weerd: So, in the ordinance it also contemplates -- I guess I am more sensitive to how the first rollout impacted public perception and, you know, the committee came and made a recommendation to roll this out a little bit with greater caution, using one operator to -- to understand how the ordinance works and work out any bugs before we open it up to everyone. The way we have it being proposed tonight is that it's kind of first in gets to -- the first two in are the two operators we move forward with. What do you thin k of that approach and would you suggest a different type of rollout? Hopkins: Madam Mayor, I think it's important to work to bring the best quality operators that have demonstrated a willingness to work with the community and, you know, produce best practices of that sort of partnership. I don't know if -- like the first two to, you know, essentially digitally dropped their name in the hat is necessarily the pathway to get there. It's our strong belief that in a competitive marketplace there should be just some sort of method to select the most qualified providers. If it's the first two that arrive, there is -- there are other cities that have picked less qualified providers and have had negative experiences with that, both from the quality of the hardware, as well as just the quality of the interaction with that organization and when -- when we risk taking less qualified providers, we actually risk just re-experiencing the experience that the community had here earlier when all the -- when the whole marketplace was younger; right? Well, there is certain companies that have gained experience over the past nearly two years and there are others that have not. Our lessons at Lime are to work with your staff, to work with political leaders, and not just stop there, to work with business associations, civic organizations to try and educate on what are the norms, how can we roll this out , where, what are your concerns, maybe there is something we can do about that. Those -- those sorts of things and that's why we have staff that's here present in the community to do that sort of work, because we find it absolutely important. We believe like the best, most mobile cities will have really strong partnership between organizations that are private and organizations that are public, like yourselves. De Weerd: I think you have raised a good point. I know a comment earlier was a race to the bottom and certainly you -- you want to give this an opportunity, like Mr. Leslie said, to -- to shine and to show that it is a viable alternative transportation option, but what we can't afford is another failure and, you know, I -- I was interested to hear your -- your comments on that. Hopkins: Thanks, Madam Mayor. Cavener: Madam Mayor? De Weerd: Okay. Mr. Cavener. Cavener: In your testimony you talked about lessons learned, which was music to my ears. I think there is a lot of lessons you guys have learned. You touched on engaging Meridian City Council Meeting Agenda March 5, 2019 – Page 29 of 487 Meridian City Council February 21, 2019 Page 21 of 84 with other local stakeholders to better improve rollout. So, I'm curious what type of outreach and connections have you made with local stakeholders in Meridian to ensure , should you be one of the companies to roll out, that things go much smoother than they were when -- when you first rolled out? Hopkins: Largely to date our stakeholder engagement has included the police department, some members of Council, but during those meetings there -- a main point of that effort was to identify who else can we talk to -- to chambers of commerce, like we were just in Boise speaking to the downtown association, to -- and to the universities and colleges in the area. So, our intent is to do the same in this case. There is time between the time that this passes and the time that a vendor is selected and goes out onto the road; right? And so our intent is to use that time to work with local business associations and local civic organizations. Cavener: Madam Mayor? So, what I'm hearing is today, outside of talking to the police department and some select city council members, that public engagement has not happened on Lime's behalf. Hopkins: The actual engagement hasn't happened. The plan has already begun. Cavener: Thank you. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Robert. Little Roberts: Madam Mayor. Jonathan, it seems that we keep covering experiences in larger cities, Boise and larger. Have you rolled out in a city -- a community that's more Meridian size and how has that worked? Hopkins: Earlier this year we launched 500 bicycles in Bellevue. So, slightly different. It's bicycles. But it still is shared mobility. Bellevue, I believe, is about 134,000 people. About the same distance from Seattle as Meridian is from Boise. I do think it's commensurate. Similarly, it's -- and this might be more Boise size, but we did scooters and bikes in Tacoma, Washington, which is 30,000 fewer people in Boise. But -- yeah. So -- and both of those have been strong successes. So, that -- so, something I wanted to clear up from a question that you had earlier about connections to transit. It's true that about 20 percent of our rides are connect -- people connecting directly to transit and that's music to our ears. It's people reducing congestion and reducing greenhouse emissions, but also 30 percent of riders are going to buy something at a store or market. Another 30 percent are commuting directly using the scooter to either work, school, or appointments. So, that's the data that we have from nationwide on that point. De Weerd: Thank you. Little Roberts: Madam Mayor? Meridian City Council Meeting Agenda March 5, 2019 – Page 30 of 487 Meridian City Council February 21, 2019 Page 22 of 84 De Weerd: Uh-huh. Little Roberts: Madam Mayor. Jonathan, I know that the rollout was very short lived, but do you have any data from it regarding what the rides were and if there was a particular area that was popular? Hopkins: We can provide that information. I know the scooters were getting about three rides a day, if I remember right, or more during the time we were there, which we consider good. We do have heat maps that can show where these are, so we can provide that. I just don't happen to have it with me. De Weerd: Thank you. Hopkins: Thank you. Coles: There were no other sign-ups, Madam Mayor. De Weerd: Okay. This is a public hearing. Is there anyone else who would like to provide testimony on this? Lavey: Madam Mayor, Council, just had a couple words I would like to say. De Weerd: Thanks, chief. Lavey: As you know I wasn't supportive of the scooters at first, but if it's what our community wants, then, we are willing to take a look at it and bring them forward. But I have to tell you today that what I have heard from the public is concerning to me and no matter which direction you go -- if you go with the helmet laws, that's concerning to me, because the only one that can enforce that is law enforcement and we do not want to take on that task. So, if Council is going to put that in an ordinance , then, we just as soon -- let's not have scooters at all. Likewise, if we are going to change the ordinances that applies to every single person, whether they are lessee of equipment or whether it's a privately owned equipment -- again, that is a resource that we do not have and if we have any interest in doing that, then, we need to stay out of the scooter business. It also has already been talked about somewhat today and I brought it up on the first time and I think I need to bring it up one more time. Not that it's going to do any good, but I need to bring it up one more time -- is I'm really concerned about the race to the start and we are going to get the two fastest people, not the two best people, and I expressed an our RFQ before and I will express an RFQ now. Let's weed out the bad, instead of accepting them and have to get rid of them out of our city. We are not going to get the best, we are going to get who is first and that's concerning to me. I will stand for any questions. De Weerd: Okay. Council, any questions? Milam: Madam Mayor? Meridian City Council Meeting Agenda March 5, 2019 – Page 31 of 487 Meridian City Council February 21, 2019 Page 23 of 84 De Weerd: Mrs. Milam. Milam: Chief, other than the four days that we had the scooters -- the rental scooters, are e-scooters -- has it been something that has been an issue for the police department -- like privately owned scooters or not really? Lavey: Madam Mayor, Councilman Milam, have they been an issue? Potentially. I know we have crashes every once in a while. We -- we do get them hit by cars every once in a while, but not often. I think what created the issue for us is it was something new. It was something on every corner. It was something nobody knew that was coming and they were playing. My guess is if we would have approached it differently we might have had a little different result and if we allow them to stay here longer than four days, some of that would have softened out, too, because they were neat, they were new, let's play. The age thing -- it's really hard to -- it's really hard to control. You can say what you want to say and that protects you liability wise, but it's -- it's hard to enforce, because all it takes is mommy and daddy's credit card and the smartphone they have in their pocket and it doesn't matter how old they are, they are good to go. So, it hasn't been a major problem, but this is just like anything else, whether it's a bicycle, whether it's a scooter, whether it's roller skates or whether its skateboards, yeah, there are issues but to what extent -- not a lot. Milam: Madam Mayor? And I don't know that age really has anything to do with it. I mean kids know that they are going to get hurt. My ten year old owns an e-scooter and is very responsible with it. He doesn't speed or go crazy. He rides on the sidewalk and he rides kind of slow. So, you know, I get when you're renting something you maybe get a little wild and try different things. I think more than age, even though it is a restriction on there that -- that doesn't get followed, having some kind of action come back to the rider for misbehavior I think would be the best bet and maybe figuring that out, but -- Lavey: Madam Mayor, Councilman Milam, I don't disagree with you. The only problem is the only way they are going to get that report is if law enforcement generates that report and that's -- that's -- that's concerning to me is we have other more importan t things to do in this city than to chase down every violator of a scooter. So, if the burden is going to fall on us, then, they need to stay out of our city. And, then, I will also say that a lot of our irresponsible drivers weren't necessarily under th e age of 18. De Weerd: And I think in renting a car we don't set the age limit on how old you have to be to rent a car, that's something for the -- the rental companies do. Certainly I don't think you care how old they are, they just need to have a driver's license; right? Lavey: Madam Mayor, that's -- that's correct and we are not going to know unless something bad happens and it -- likewise, if they set up these -- these age restrictions, we are not going to -- we are not going to enforce that. I just share that with you to -- to let you know that it may sound good that we are putting it in an ordinance, but if nobody's enforcing it, then, why do we put it in an ordinance. So, that's really kind of why age was left out before. Meridian City Council Meeting Agenda March 5, 2019 – Page 32 of 487 Meridian City Council February 21, 2019 Page 24 of 84 De Weerd: Any further questions? Thank you. Lavey: Thanks. De Weerd: Any other testimony? Okay. Council, in front of you you do have the ordinances as written. If any changes are desired certainly we would have to -- to change it, bring it back and -- well, I will just turn this over to your discussion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: The more I have thought about this and talk to people, I do have some -- some issues that I -- things that I would like to see changed within the ordinance. First of all, the first come, first serve I think is a terrible idea. I said that last week and I'm saying it a little louder today. We should put out an RFQ, RFP, whatever it is, and make sure that we have the best company or companies, depending -- rather than just the first ones. I still think we should have geo fencing around playgrounds and, hopefully, that will just discourage ridership around playgrounds, so that we don't have two and three year olds getting run over by a little bit -- some older kids playing around on the e-scooters. I don't think there should be a minimum or maximum deployment time, because I don't think that whoever we get an agreement with is going to sit on their laurels and going to do nothing, I think they have got money on the table that's burning -- it's already being spent, so I don't think that they are going to lollygag around. So, I don't think that we need to put that in there. And I don't think -- yeah. And, then, get rid of the written permission for private property. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Council Member Milam. If you would yield to a question; right? Your comment about timing, I didn't -- that didn't quite connect with me. You don't want to establish a minimum time that they have to be out by? Milam: Sorry. Yeah. So, there is no -- like -- I'm trying to think of how it -- how it was phrased. It was -- Councilman Palmer brought this up that it would be -- it would have to deploy so many within a certain amount of time. De Weerd: And certainly if you did it through an RFP or RFQ process, that could be one of the things is what is the timeframe you would deploy the program. Milam: Right. Cavener: Madam Mayor? Meridian City Council Meeting Agenda March 5, 2019 – Page 33 of 487 Meridian City Council February 21, 2019 Page 25 of 84 De Weerd: Mr. Cavener. Cavener: And that -- I guess that was the clarification was not the time that those scooters would be brought out each day -- Milam: Right. Cavener: -- but the timing after a licensee is granted before they would actually deploy in the community. Milam: Yes. Cavener: Does that make sense? Milam: Sorry for the -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And the reason -- two reasons I was really concerned about that is, one, I didn't want a company who wasn't ready to just buy the spot and, then, sit on it and, then, have the right to be the one to renew it and also I didn't want one entity who is in the business to be able to just form another business and lock them both up and be the sole provider of the service, eliminating competition. So, requiring that they be deployed with -- you know, within whatever time frame -- anytime frame was good enough for me. So, that's why I wanted it added, so that it would have to happen, rather than just sitting on the franchise. And while I'm talking, if I can keep going I guess, because I'm a politician and I only have ten months left, I'm going to keep talking. When it comes -- when it comes to something -- De Weerd: You know, every minute you talk means another taxpayer home is paying for you to pontificate. Palmer: And I would love to shorten these meetings with less -- well, we will not get into that. We don't need to fight today. When it comes to a lot of concerns about the chaos -- so, I -- I teach a Sunday school class of nine year olds. We have got -- one of the kids in my class, because of some health issues, doesn't really have the opportunity to get out in the public a whole lot and -- but was still wanting to get back and participate in our Sunday school class. So, we had an iPad with FaceTimed in so they would be able to join the class and you take an iPad with FaceTime with a friend of theirs they haven't seen in a while and stick in the middle of a room full of nine year olds, there is going to be some chaos for a while. So, after we got through the novelty of there being an iPad with a kid on it on a chair next to them -- so that was over, we were able to have a very effective use of what the intent was there. When we -- when the scooters were deployed in Meridian and nobody knew it was happening and, then, all of a sudden they were there, Meridian City Council Meeting Agenda March 5, 2019 – Page 34 of 487 Meridian City Council February 21, 2019 Page 26 of 84 we had 100,000 nine year olds out there trying to figure out what they could do with these things and, like the chief has said, it wasn't people -- just people under 18, it was people like myself and Councilman Cavener riding down the sidewalk on Franklin, heading down to Ten Mile, without helmets, figuring out how these things worked and what we could do with them and so I think that -- as the point was brought up after the hundred thousand nine year olds we have in our town have a chance to get out and ride them and realize, okay, these are cool, now, how can I use it as a tool instead of a toy, that we will be able to realize the intent and the idea behind it and I think as was -- as was mentioned that there is hundreds of juicers out there earning an income that there is this major employment opportunity that we are choosing to wait now months so that -- just that we can figure out some regulations on it. We get super excited when, you know, a business wants to expand here that we are like how can we give you some money from tax dollars, so that we can get you to expand or -- or come to Meridian or expand your business in Meridian, when we have got a business from out of state right now that's wanting to provide income instantly to as many people as want to sign up and go do it , there is just so many pluses to this that I feel that it's appropriate to put some level of responsibility on people. In today's world I know that that's a really scary thing and say, okay, if you -- if you're going to break the rules that -- that maybe Lime or anybody else might set up and allow your kids to do this, that you know what they are doing and you pay a little bit of attention and if it's going to be your card that's going to be going on it, that you're ultimately responsible for what your kid's going to do and if you're an adult making the decision to ride these things, if there is a pothole, you need to be able to make the decision of whether you're going to wear a helmet, because the pothole might cause a bad day for you or not, but personal responsibility, business opportunity coming to town, jobs -- I mean let's just get this thing done. De Weerd: Any other questions or comments? Lavey: Madam Mayor. I just recalled something that you guys were discussing or I think Councilman Cavener was addressing the private property -- granting permission on private property -- one of you were. I was on the committee, too, and I think it was kind of a carryover from when the MOU -- in the MOU it said grant permission, private property, and I think it kind of got carried over in the ordinance. I don't have an express opinion on whether it should -- should or should not be in here, I will just let you know, though, that a really kooky criminal trespass law was passed last year with the legislature and it talks about written permission -- if you do not have written permission from the owner, you're automatically committing a trespass. So, I would suggest that we have legal review that to make sure that we are in compliance with that, because it is a really awkward criminal trespassing law that was just -- was just passed this last year. So, perhaps we are required to have that in there and they know that there has been some private property owners that have expressed some -- some concern of what they are going to do if they show up on our property and it's -- it's one thing if it's actual private property and it's another thing if it's actual private property that's doing public business and so that creates confusion as -- as well. So, they can set up their own rules, but, then, they would have to enforce those rules, too. But that's -- those are some thoughts that came to my mind when that was originally brought up. Meridian City Council Meeting Agenda March 5, 2019 – Page 35 of 487 Meridian City Council February 21, 2019 Page 27 of 84 De Weerd: Okay. Mrs. Little Roberts. Little Roberts: Madam Mayor, I agree that we need to do -- go the route of an RFQ or RFP, something. I do not think that just first come first serve is the way to go , because even though we put some sideboards on there that, you know, the chief could say this isn't working and in this company needs to go away. I think that would be a whole lot more difficult than to just do the process right to start with and make a selection based on criteria and so that's probably my biggest issue with this right now. That and I think we do need to take a hard look at geo fencing certain areas. We were just in San Diego and I was amazed how tight they could get the geo fencing to the point that you could park on one side of the street light and not on the other. I mean you really can do some th ings with geo fencing from what I saw to -- to help them not end up in areas where the police have to deal with them. But for the point for us I would definitely say we need to go with an RFQ. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question maybe for Council Member Milam or Roberts. I'm not opposed to an RFQ. I guess my question for both of you is what are those qualifications that you would be looking for from a vendor? If we are wanting to raise the threshold, great, but what -- what is that? Because I think that it's important if this is the direction we are going to go and we are going to ask staff to now put together an RFP, we have got to provide some real clear ring the bell sideboards about what we are looking for in an RFQ. So, I guess that would be my question for each of you is what is it that you would be looking for. De Weerd: Well, I would ask -- I know that was a recommendation from the committee with the RFP or RFQ process. Was that part of your discussions? Coles: Thank you, Madam Mayor, Members of the Council. It was, but it didn't go very far, because at the direction of Council it wasn't asked for us to explore that. So, I know one of the -- the elements that we were looking for as a committee was whether or not the company had a history of being good actors within the city or could we obtain letters of recommendation from community partners where said company was deployed and operating was one of the things that we discussed , but we didn't go down that road very far, because, again, it hadn't been Council's desire for us to explore that to this point. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I guess to answer your question, I think that we need to work with our -- our departments and -- and, you know, other city leaders and the -- and the committee that's already been working on this and figure that out. I don't think that's something that we need to decide tonight at this Council meeting. I think deciding to go with an RFQ is Meridian City Council Meeting Agenda March 5, 2019 – Page 36 of 487 Meridian City Council February 21, 2019 Page 28 of 84 something we decide and, then, we get the right people in the right room and get it put together. De Weerd: And you can set a time that you would want those -- those elements back and I would imagine -- I know Mr. Hopkins had mentioned equipment. Mrs. Little Roberts mentioned the geo fencing and how tight they could get those kind of things . I would imagine those would be some of the elements to that to have a demonstrated ability to do certain things. Cavener: And, Madam Mayor, that may be -- I think that we -- if we are expecting that that is going to remove one or two or three or four different vendors from being able to participate, I don't think that is the appropriate expectation . I think that all the vendors that are out there can do geo fencing. All the vendors that are out there can demonstrate the equipment and -- and, again, my comments a couple weeks ago when we talked about this is anyone who is worth a lick can make themselves look really great in an RFP. Everyone can make themselves look really great on paper and if you have ever hired somebody you have got a stack of resumes, you say, wow, this candidate is going to be great and they show up for the interview and you're like why are we interviewing them -- because they look great on paper and I think that when you're a -- an organization that has millions and billions of dollars invested, you're going to make yourself look really great on paper and so I guess I'm not opposed to it, I just want to have a better sense of the confidence that we are going to get and if it's just to prevent whoever is the first to dial, you know -- it's like -- it's like a radio contest, the first to be caller nine is the one who gets to -- to have a license, I get that piece. So, let's -- let's build a better solution for that, because I don't necessarily think the RFP is going to get us there. I think the chief's got some more comments. De Weerd: And I guess at this point it's who can push the send button the fastest and I'm not sure that that's the right method. Chief . Lavey: Madam Chair, Councilman Cavener -- and -- and I don't disagree with you at all on -- on the RFP, but I guess it goes back and validates, then, maybe some of the other suggestions. A pilot program. A temporary program. And, then, the actual program. The one thing that I do believe that we have done is we have put some teeth in this ordinance that if you're a problem we -- we can revoke your -- your enterprise, your license, but I think it's set up for one year and I don't want to go through chaos for one year and, then, look at -- the license runs for a year. Yeah. So, making sure that we have some sort of -- of clause in there that we can revoke prior to that one year renewal coming up may alleviate the problem with -- with the RFQ. The other thing is -- and I know that this is probably going to be a shock, but we -- we really kind of oppose geo fencing, because why are you going to geo fence one device when you're not geo fencing all the other potentially dangerous devices out there in our parks. The bicycles. To private scooters. The -- the skateboards. You're not controlling any of them , so why would you control one person or one item. So, I understand that's what the Parks Department wanted, but it's a false sense of security. You're only dealing with a few and so we -- we -- we don't look at geo fencing favorably. Meridian City Council Meeting Agenda March 5, 2019 – Page 37 of 487 Meridian City Council February 21, 2019 Page 29 of 84 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Chief, I guess to that regard, the -- the thought behind that is that, first of all, the way that people acted with the e-scooters when they were deployed, if they would have -- when it's a rental they treat it a little differently than they treat their own. They are less responsible and, you know, maybe go a little faster, be a little bit more reckless, because they don't care. It's just like renting a car, like, oh, I could run RPMs up a little higher, because I don't really care if this car lasts forever. So, it's more about the -- the actions and the attitude of people renting something, as opposed to owning it and also just the sheer volume that will be out there. So, it's not a problem now and so probably by having that in there it's not going to change what's already happening. So, if it's not a problem now it won't be a problem, but by deploying hundreds of scooters into the hands of inexperienced kids who don't care about them, we may end up with a problem. Lavey: Madam Mayor, Councilman Milam, then why are we only protecting the parks? What about the sidewalks? What about the parking lot? What about the schools? What about the neighborhoods? What about the cul-de-sacs? You have that same behavior going on that won't be protected under the geo fencing, yet the parks are. Why just the parks? Milam: I'm not talking about the whole park, I'm only talking about the playground where you have little tiny children playing. So, a two year old is standing in the middle of the roadway and here comes some stupid kid that's going 15 miles an hour on a scooter and the little two year old gets plowed over. I'm only talking about very small areas on the larger playgrounds, just right there to protect the little tiny kids. That's all. Lavey: Madam Mayor, Councilman Milam, I will just explain to you that the problems that we had in the parks were not always near the playgrounds. So, just don't get the false sense of security that if you -- if you ban them around the playgrounds you have taken care of the problem, because we had the scooter races down the middle of the street in Kleiner Park, we had them on the walkways of the parks that weren't anywhere near the playgrounds and so just know that it's only covering one part of the potential problem. Milam: Sure. Lavey: And you can do it, I'm just saying that we are getting this false sense of security and that this problem still exists. Far too often that's what keeps me employed. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, let's go back and remember how this all got started. We weren't regulating them. We still don't have the law regulating them. We had a company interested in doing Meridian City Council Meeting Agenda March 5, 2019 – Page 38 of 487 Meridian City Council February 21, 2019 Page 30 of 84 business here. They came to us and said, hey, we want to be a partner, want to work together, what do you want to do. So, we said let's do an MOU. They did it and some of their customers -- again in the -- because we only had a couple days, it was just -- we were a little shocked -- or created a little bit of a shocking situation. De Weerd: Not just a little bit. Palmer: We said, okay, never mind, please stop and they did. Let's find a different way. So, we got people together to figure out this. Here we are with this. And now we are wanting to say, you know, throw it away, let's -- let's go with an RFP. You know, what if we get that and we still don't have the ones that we want, so what if it all means the same two that are -- that are -- that have been the most interested. I mean last tim e we did do an RFP, obviously, it was a different situation, but we had dozens of people who would express interest in participating. We had two applicants. We have only had two ever show up to our meetings. Sure, there is more out there, but I mean we are not -- we can always -- we can change things down the road as we keep learning, that's why we got to the point that we are at, but this is more of a commitment, but it will give us the data that we need to see if more than two days is enough time for something like -- again, the novelty to wear off, things to normalize and see how people use them and make some adjustments down the road if we need to. Or we can just keep saying, no, don't come to town, don't help make more money, don't help people avoid having to drive for shorter distances. I would be just as happy to -- to deny it if that meant we are, then, out of the business and going to let the free market do its thing, but that's, obviously, not going to happen. So, if it takes a little bit of regulations to be able to allow business to do it, then, so be it. Let's do this and get the data we need to , then, make adjustments, rather than trying to solve every possible problem before knowing what they all are. De Weerd: Well, the bottom line to the responsibility of this Council and the policies that you set are -- are outlined in that ordinance seeks to protect and enhance the safety of the streets and sidewalks, pedestrians, cars and shared vehicles to facilitate transportation options -- and I'm paraphrasing. Three. To establish clarity and regulations for operators, users and citizens for their safety and to balance oversight and staff time. So, what you do is important and I think, too, that, number one -- and we have always talked about this. Number one, responsibility for the city is to provide a safe city, a safe atmosphere. If it takes a few extra steps to make sure that you're going to roll out a program that can be successful and that can prove itself and the data, then, do it right the first time. We didn't do it right the first time. We have an opportunity to rebuild the trust and to make a program that offers an alternative successful in the citizens' minds and opinions and that's equally important. So, any extra thought that goes into this is doing your job and I think that all of you take that responsibility seriously. I -- I'm not saying that you're not, but we would like to see that this is done well. Lavey: Madam Mayor, I will just point out, I guess, is we are not opposed to going forward the way it is, but we just want to make sure that there is some revocation and process that we don't have to wait 365 days to take care of the problem, because we are going to know, after it normalizes, what -- what the problems are. So, you know, the decision Meridian City Council Meeting Agenda March 5, 2019 – Page 39 of 487 Meridian City Council February 21, 2019 Page 31 of 84 ultimately rests with you. We do have to -- we have done everything that we can without looking into a crystal ball and finding out what's going to happen in future and so now we have set the community expectations, we have set the expectations on the vendors, at least two that expressed interest, now we have to wait see what they are going to do, but I don't want to wait for 365 days before we decide that we are going to renew or not renew the license in case it goes bad again. Bernt: Madam Mayor? De Weerd: Okay. Mr. Bernt. Bernt: Chief, I appreciate your comments. I really do. If there is anyone that knows and as -- you know, I don't think there is anyone out there has a greater concern about this process more than you and your team. So, I take your -- your guidance, your advice very seriously, but given the fact of the safety issue and what we are talking about this evening, is there -- is there one thing that -- that we are missing in regard to safety that we can be including in this -- in this ordinance? Are we missing something, in your opinion? Lavey: Madam Mayor, Councilman Bernt, I don't believe you're missing something. There is -- there is just the one thing that we all want that we can't control and that is proper human behavior, proper responsibility and that is out of our control. If we could sit there and tell every single person to do this and do it right, then , you wouldn't need us and so, really, that's -- that's the concern is -- is how do you ensure people are taking that first personal responsibility -- that responsibility for their kids and doing what's right. We have tried to write an ordinance that would involve very little of staff time for both the police department, code enforcement, for C.Jay's office, the clerk's office, the Mayor's office, but we would be naive to think that we are not going to get complaints, we aren't going to get calls. We are. But we are doing our best to try to minimize those. But the things that are going to still create issues for us we can't control and that's the personal responsibility of each individual person that gets on that device. But that's -- same thing goes for anybody who is on a bicycle or anybody that's on a private scooter, it's the same thing and so I see all the dilemmas here and we can do the what if's, what if's, what if's and -- and I guess we are to the point where either we push forward on it or we don't do it. It -- it's pretty much that simple. I just want to make sure , though, that we don't feel that we are going to burden ourselves for a long period of time if this becomes another nightmare, because it won't be just one company this time , it will be two. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And I was just reading a little bit from the ordinance under the revocation, it says: In addition to any and all applicable civil or criminal penalties, the city clerk or designee may revoke a City of Meridian vehicle sharing program operator franchise where -- and, then, under the sixth item it says the chief of police communicates to the city clerk a written finding that the franchisee has demonstrated a pattern of actions or practices that Meridian City Council Meeting Agenda March 5, 2019 – Page 40 of 487 Meridian City Council February 21, 2019 Page 32 of 84 present or could foreseeably present a threat to public health, comma, safety, comma, or welfare as such finding may be substantiated by complaint received by city and/or government agency, responses by city employees or agents or incidents involving shared vehicles and/or other evidence or information. So, from that we have the revocation ability when -- like you said, we can't control what the customers are going to end up doing, just like someone's driving a car, whether they rented it, bought it, any situation, we are going to have problems with people driving cars, bicycles, scooters, these -- walking. Any situation where it's going to run into these issues, but we have the ability to revoke it if the franchisee -- if the person providing it is the cause of the problem. So , with that I move that we close the public hearing on Item 9-A. Milam: Second. De Weerd: Okay. I have a motion and a second to close the public hearing. All those in favor say aye. Okay. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move that we approve ordinance number 19-1809 and adjust the parking language to match the intent of the committee with regard to the private -- private property and the parking situation. Does that cover what you need or do you need me to explain -- break it out better? Nary: If I could just ask Council Member Palmer -- are you referring to 7-2-2 subsection (f)(6)(7) and delete the word written? Palmer: Correct. Yes. Nary: That's what I thought you said. Palmer: Okay. De Weerd: Okay. I have a motion. Do I have a second? Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda March 5, 2019 – Page 41 of 487 Meridian City Council February 21, 2019 Page 33 of 84 Cavener: I guess I don't know which way we are going to go. I have really wrestled with this issue, way more than I thought I would have been a year ago. I went from being I think probably the biggest proponent and cheerleader for scooters in Meridian to being frustrated with the way things were rolled out and I have heard from a lot of our citizens, some who were in favor, many who aren't. The Mayor's survey shows there is a lot of folks that aren't supportive of that and I have wondered is it because of the poor roll out of the experience. Is it they are against scooters or are they against the way it was rolled out. I don't know. I don't have time to talk to 800 people. But I'm sure some of them are frustrated with the way things were rolled out. So, I have went back and forth about do we say no to scooters because the way one company rolled things out initially? And I don't think that I'm there. You know, when we began this process we heard loud and clear from the chief, who wasn't necessarily there, he was opposed to it and now I don't think he's going to be a cheerleader, but what I really appreciate and applaud is his critical feedback to us and making sure that as chief of police, the person who is most in charge of the health and safety of our community, that if he feels there is a concern, we have got real teeth to make a change and, you know, if -- if this body wants to go forth with an RFP I will support that as well. I don't think that it's necessary, quite frankly, but I -- if that's the way this group wants to go I support it, but as there is a motion before us, I'm supportive of that one as well and believe that if the rollout is bad, if companies are not good actors, that the chief or the city will have the authority to remove them or replace them with someone else. We talked about this at the very beginning, carrot and the stick. We have got some fairly large sticks that if a company isn't operating they are not going to be in business anymore. It's a privilege to be here and we expect that those that want to be licensees are going to really embrace that privilege that we are providing them. So, I'm supportive of it. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I believe the chief may have went over his three minute time slot earlier. Cavener: Three or four times. Bernt: All kidding aside, I -- you know, I'm in the same boat as Mr. Cavener in this. I have waffled, I have flipped back and forth, I have -- I have been -- I have talked to people -- certainly not 800 people, but I have talked to people. I have looked at different comments online, social media, and, honestly, most of those -- most of those comments have been negative. I really agree with what the Mayor said earlier in regard to we -- whether it's land use that we talk about or whether it's scooters in -- in -- in regard to this particular ordinance, we have one chance to get it right and I would be in favor of just maybe throwing this back to the committee just to just discuss the roll out, because it seems like that is the common concern that the members of his body have , just to make sure that they have dotted every I and crossed every T that maybe they have -- maybe they didn't quite discuss that issue enough, because it's not -- they didn't receive that directive from us, but I would -- I wouldn't be opposed to just having them discuss this, you know, one Meridian City Council Meeting Agenda March 5, 2019 – Page 42 of 487 Meridian City Council February 21, 2019 Page 34 of 84 more time just to make sure that this is the right rollout and -- and we are doing it in the proper fashion, in the most prudent way. I think we are covered in regard to relocation. Yo u know, if there is someone out there that's a bad actor, I believe that we have enough teeth in this ordinance to be able to take care of them and to get rid of the bad actor. And, furthermore, if -- if -- you know, if we have to make, you know, some amendments to this ordinance in the future because of , you know, different problems that we have experienced through recommendations from our good chief and his good team , then, maybe we can have those discussions at a later date. But my concern is with the rollout, making sure that we are getting the right people involved. I get the free market aspect of that Mr. Palmer pushes and I respect that a lot , but -- so, without talking more and more and more, those are my -- those are my -- those are my thoughts. De Weerd: Okay. Mrs. Little Roberts. Little Roberts: Madam Mayor. I still think the best way to go is an RFQ or an RFP and so with this I won't support this motion and I think one of the reasons is we saw, I believe, five different types of scooters with five different types of software, so they were definitely not all created equal and maybe they have the type of software they could use , but they weren't using it and so I think we really could put some good sideboards on wh at is required for the operator to require filling out to the -- that's got the maximum information on the rider, so this could be used -- you know, just more data at this point I think is good. Plus it puts more sideboards on if they need to revoke a rider. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Yeah. I'm -- I have already said it, but I just think it's really important that we get this done right, instead of right now and pushing this through is just getting it done right now and I am in favor of the -- the e-scooters, I just don't think that first come, first serve is doing it right. So -- De Weerd: Okay. Thank you. Any other comment? Mr. Clerk, will you call roll. Thank Roll call: Borton, absent; Milam, nay; Cavener, yea; Palmer, yea; Little Roberts, nay; Bernt, nay. De Weerd: Okay. The motion did not pass. MOTION FAILED: TWO AYES. THREE NAYS. ONE ABSENT. De Weerd: Council, certainly we could send this back to the committee as -- as was mentioned and if you have specific items that you would want them to bring back to help frame the discussion in terms of -- if you were to approach this through an RFP or RFQ process what would be the criteria and -- in rating that and/or, second, as Mr. Bernt had mentioned, any additional thoughts on how to roll it out so you do have a successful Meridian City Council Meeting Agenda March 5, 2019 – Page 43 of 487 Meridian City Council February 21, 2019 Page 35 of 84 rollout. I don't think there is any question among the Council members that this is not a program that is interested in having the opportunity to see how it does offer an alternative transportation option to citizens to get from point A to point B , but how can we minimize the -- the negative experience. Milam: Madam Mayor? Maybe it's a good idea for Councilman to -- I'm looking at you. To be part of the committee to kind of help and give that insight. I think for me one of the most important things is history and service an d -- and relationships with cities and, you know, I know that's hard to put on paper and it's going to include references and -- and it's going to include a little bit of time for us looking into other experiences that -- that other cities have had with a particular supplier. So, I think that -- and, then, I want to make sure that we don't make our requirements so stringent that it's picking somebody before they even start. I want to make sure that it's broad enough that all of the companies that are out there that are interested would qualify to be part of the process and those are the main things. But it may be somebody getting -- getting one of us on the committee can get that -- the other thing is I want to make sure that it doesn't -- spring is coming, so time is of the essence, so I say we don't get -- don't push this through, but it is important to get this done. De Weerd: Okay. Fortunately, you're not a member of the public, because we closed the public hearing. Lavey: I know. Madam Chair, I was just going to say that to defer to counsel -- to legal counsel, because if a Council member is on there, then, you lose your vote probably to here. So, you might want to rethink that. De Weerd: No, I think -- I think in the ordinance realm and certainly land use, but not in -- in policymaking. Mr. Nary. Nary: Madam Mayor, Members of the Council, that wouldn't preclude that. This is a legislative action. So, having one Council member to be a member would not prevent them from voting on it later. Lavey: And, then, the other thing is is that there is legal statutes on RF Ps, RFQs that dictates time limits or time. So, it's going to -- if you do that route it's going to drag out, because you have to post it, it has to be legally posted, and it will be well past spring if you're going to do that, because you have to come up with the criteria, then , you have to post it, then, you have to have your team and it has to be evaluated -- De Weerd: We can ask the clerk on what kind of a timeline that that potentially could -- Lavey: So, it's going to push it out way into spring. De Weerd: Mr. Coles. Lavey: Just thought I would let you know that. Meridian City Council Meeting Agenda March 5, 2019 – Page 44 of 487 Meridian City Council February 21, 2019 Page 36 of 84 Coles: I don't have the RFQ and RFP timelines memorized, since we don't issue very many of them. I think it's at least 30 days, if I am not mistaken, but I would have to consult the statute on that. Lavey: So, the staff time to actually -- Nary: Madam Mayor, Members of the Council, for a majority of these types that we were doing -- and from what I have heard in the Council's discussion, you weren't looking necessarily for an exclusive franchise, but simply set reasonable criteria of what you as a City Council would want any franchisee to meet and having -- and I guess -- I guess the value -- and maybe -- maybe we haven't made it as clear from the committee standpoint -- the value is some of the issues and concerns that you all have raised at least can be evaluated from the company's perspective of what they would be willing to do and, then, hold them to that. Right now in a licensing situation they simply could tell us this is what we will do, which is fairly minimal, and so the RFP gives you some of that ability. But you are looking at at least 60 days before you would award that. So, there is some timing and, again, the franchisee also has requirements, too, and I, like Mr. Coles, I can't remember the -- the amount of time, but I would -- I would say you're looking at a 60 day window, but we are in the middle of February, so that's the middle of April. So, I mean if you think May 1 we may have this awarded, that's certainly not an unrealistic expectation. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: And I'm not saying that I'm in support of a n RFQ process or -- I just want -- I just would like the committee just to talk -- just to talk about -- have a meeting where they could just maybe deliberate on this. I don't know if this is the right setting for us up here to deliberate on whether or not an RFQ process is -- is warranted or not, it's just -- make sure -- but make sure that -- that -- that -- that they have -- that they are making the right recommendation to us to -- to -- on why or why not in an RFQ or even the -- what's in the existing ordinance is what is -- what is recommended. De Weerd: So, Council, maybe what I would suggest is that we can have a committee meet and bring this back next week and what the options could be and what any timelines would be that are associated with that. So , then, you have a clear path forward, regardless of which path you take. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I think to that point I think continuing this a week that, Madam Mayor, if you are willing to have staff get together that's on this committee one last time to review and provide their feedback to us again, that's fine. I just -- I would remind our Council we are here to act, we are here to render decisions and that's -- deliberation is part of the making Meridian City Council Meeting Agenda March 5, 2019 – Page 45 of 487 Meridian City Council February 21, 2019 Page 37 of 84 of sausage that we do up here and sometimes it is a little clumsy, but that's -- that's what we are hired by the public to do is to render those decisions. So, I will support continuing Item 9-A, public hearing on the proposed vehicle sharing program , to next Tuesday for a -- don't need to continue the reading part, we just need to continue the public hearing; is that correct, Madam Mayor, Mr. Clerk? De Weerd: The public hearing is closed, but, yeah, to continue the Council discussion for Ordinance 19-1809 and if you need to -- I would -- I would recommend actually opening the public hearing, so that you can post it as such. Cavener: Madam Mayor, that's exactly I think where I was heading. So, move we reopen the public hearing for Item 9-A, for 19-1809. Milam: Second. De Weerd: I have a motion and a second to reopen the public hearing for Item 9-A. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Madam Mayor, I move we continue Item 9-A, the public hearing for proposed vehicle sharing ordinance number 19-1809 to next Tuesday. Bernt: Second. De Weerd: Okay. I have a motion and a second to continue this item. If we could also at least make the one cleanup that our City Council -- our city attorney has recommended, so you have a cleaned up ordinance in front of you as well. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I would like to ask the committee to not only just give us our options, but -- I know you said to stop talking about it, the RFP, because that was -- you were getting the impression that we didn't want that -- go that direction. I would like to -- hopefully you guys have had time to -- we can look at that and, then, advise us if that is the way that you think it should go. If the committee, who has been working on this for a long time, just says we don't think RFP is the way to go, then, I might be open to that, but I want -- I would like to get advisory from the committee that's been working on this. De Weerd: Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda March 5, 2019 – Page 46 of 487 Meridian City Council February 21, 2019 Page 38 of 84 Cavener: Along -- along those lines, what would the question -- what would we be looking for in an RFP that we could not already address in our proposal? To me that's -- what are we -- what are we as the Council gaining by going through the RFP process? What's the most important reason why we would want to look at going through that? What are we going to benefit? De Weerd: Okay. Coles: And Madam Mayor? De Weerd: Yes. Coles: If I may ask a question, especially of Council Member Bernt. You had brought up the idea of the committee getting together and talking specifically about the rollout and what that might look like, hoping to get perhaps maybe a little bit more direction of your thoughts and ideas on that, so when the committee does come back we are going to meet, we will come back and we can say this is our recommendation on the rollout and what it should look like based on your -- De Weerd: Council, can we get into that detail -- let me first call for the question, that you vote on the motion to continue this, and, then, we will add any specifics on what you would like to see brought back. Okay? So, the motion is to continue Item 9-A until next week. All those in favor say aye. Any opposed say nay. Okay. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: And any further clarity, Mr. Bernt? Bernt: I just -- I would just like the committee to get together and just talk about the pros and cons of a rollout, whether it's RFP -- the RFP process versus what's been proposed in -- in -- in the existing ordinance that we just voted on and so just have that discussion , maybe brainstorm, you know -- you know, again, positive, negative, what makes sense, what makes sense to the community, what makes sense -- you know. And just in that selection process -- I don't know if I necessarily have, you know, something , you know, that -- in particular I would want to be discussed in that -- in that meeting, but just to make sure that, you know -- that whether it is the RFP or -- or the existing ordinance, that we get it right, that it's the right one and it's what you guys feel comfortable with. Lavey: Madam Mayor, Councilman Bernt, I would just say that in speaking -- I'm on the -- on the committee as well -- is I do believe the company was ready and they brought this forward and so they wouldn't have brought it forward if they didn't think they were ready and so maybe we are -- or me created some of the confusion. So, we will take it as a pause and say are we good to go or should there be something different based upon what you're saying. But the committee wouldn't have brought this forward if they weren't ready to roll out. Meridian City Council Meeting Agenda March 5, 2019 – Page 47 of 487 Meridian City Council February 21, 2019 Page 39 of 84 Bernt: Madam Mayor. I was under the impression that you -- didn't you say, Mr. Clerk, earlier that -- that you didn't discuss this very long, because you thought you did receive that direction from us and it wasn't maybe a point of interest? De Weerd: Yes. Coles: Yes. That was specific to the RFP process. Correct. The committee, again, went through several different options based on the direction of Council, put together this ordinance with what we believe was the direction from Council and we were ready to implement and move forward with the ordinance as in front of you, but specific to the RFP, we didn't go down that road all the way, because it wasn't directed from Council. Bernt: Madam Mayor, follow up. So, maybe -- so, maybe that's the discussion that needs to take place. Does the RFP make sense, yes or no. And if -- and if -- and if it does and, then, maybe we go from there and have , you know, future discussions in regard to that RFP process, but -- and if you guys get together and feel like, amongst your body, that it just doesn't make sense and that you're comfortable and you feel like going forward, that the existing rollout is what's already in the ordinance and we will go from there. I mean at the end of the day it's a week, you know, and I understand, Mr. Palmer's approach is just let's get it done and, you know, my approach is different, I want to make sure that we get it right. I want to make sure that this is -- and if we have to wait a week, then, I don't -- I don't see what -- you know, what the harm is in that. De Weerd: Well, we already are waiting a week, because it's been continued. So, if you -- Palmer: Madam Mayor? De Weerd: -- have any other ideas, can you, please -- Coles: E-mail. De Weerd: -- e-mail Mr. Clerk and give him any additional thoughts, because we need to move on. We have people that are sitting here waiting for other agenda items and so -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I just want to say that I'm having flashbacks to other times when I have tried really hard to wait one more week or tried to adjust things to make the right decision that were millions of dollars it affects that we needed to get done right away. De Weerd: Okay. I'm moving on. Okay. Meridian City Council Meeting Agenda March 5, 2019 – Page 48 of 487 Meridian City Council February 21, 2019 Page 40 of 84 B. Resolution No. 19-2128: A Resolution Adopting New Fees ` Related To Vehicle Sharing Programs; Authorizing The City Clerk’s Office To Collect Such Fees; And Providing An Effective Date Cavener: Madam Mayor? De Weerd: Yes. Cavener: I would move that we continue Item 9-B, Resolution 19-2128, which is related to fees to the vehicle sharing program. De Weerd: Okay. Item 9-B is Resolution 19-2128 and I have a motion. Do I have a second? Bernt: Second. Little Roberts: Second. De Weerd: I have several seconds. I wish I could get them back again. Any discussion ? Mr. Clerk, will you, please, call role. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: Thank you for your attempt to be efficient. I appreciate that. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for Villasport (H-2019-0011) by Sadie Creek Commons, LLC, Located the SW Corner of E. Ustick Rd. and N. Eagle Rd. 1. Request: Council Review of application H-2018-0121 and the Planning and Zoning Commission's requirements related to conditions of approval: a. UDC 11-4-3-2A .1, which requires all outdoor recreation areas and structures that are not fully enclosed to maintain a minimum setback of 100 feet from any abutting residential district; b. UDC 11-3A -13, which requires outdoor speaker systems associated with the use to be located a minimum of 100 feet from all residential districts; Meridian City Council Meeting Agenda March 5, 2019 – Page 49 of 487 Meridian City Council February 21, 2019 Page 41 of 84 c. UDC 11-4-3-2A .2, which prohibits outdoor event or activity centers from being located within 50 feet of any property line and limits the hours of operation to those between 6:00 am and 11:00 pm; d. Condition #2.2, which limits the hours of operation of the athletic club and spa to the hours between 4:00 am and midnight 12:00 am) for indoor activities and 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm; e. Condition #2.10, which requires the Applicant to work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot De Weerd: Okay. Item 9-C is a public hearing for H-2019-0011. I will just make a few comments on the process for land use public hearings. Staff will present with background information. The applicant, then, will give the details. They have up to 15 minutes to deliver their project. The public testimony is given three minutes to testify and -- and the process is three minutes. There is a time clock on -- on the screen at the podium, so you will always have an idea of where the clock is. When it hits 3:00 o'clock -- or 3:00 o'clock. When it hits three minutes I will ask that you summarize . And at the end of the public testimony the applicant has the final comment, has an opportunity to answer any questions raised during the testimony and answer any additional questions from City Council. The Council will, then, deliberate and close the public hearing and make a decision if they feel they have all the information. With that said I will open this public hearing with staff comments. Allen: Madam Mayor, Members of the Council, I recommend that you open Item 9-D as well. It's for the same project. It's a development agreement modification that will also be affected by -- De Weerd: Okay. Thank you, Sonya. I will. I will open the public hearing for H-2018- 0121 as well. Allen: Thank you, Madam Mayor, Members of the Council. I'm not sure if you would like me to go into the City Council review request or if you would rather have the applicant cover it. I'm happy to do either one. De Weerd: I think it would be helpful that you do and -- and Council can ask any follow- up questions to the applicant. Allen: All right. So, the City Council review is the Commission's decision on the conditional use permit for VillaSport. It was a conditional use permit for an indoor- outdoor Meridian City Council Meeting Agenda March 5, 2019 – Page 50 of 487 Meridian City Council February 21, 2019 Page 42 of 84 arts, entertainment and recreation facility and spa in the C-G zoning district, with extended hours of operation. It was approved -- the conditional use permit was required solely for the hours of operation and it was approved contingent upon Council's approval of the development agreement modifications before you tonight. So, there were five items that the applicant is requesting consideration on and I will go through each one of those quickly. In condition number 2.1A, the condition was all outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet from any abutting residential district as set forth in UDC 11-4-3-2A1. The -- the commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. The reason being in this particular case the residential district, if you can see here to the south, actually goes across the street along the north boundary here and -- and there is a common area that the residential district also encompasses. So, the residential district in this case stretches a little further than it would typically to the center line of the street. The applicant is requesting further modification of that, though. They are requesting -- the hundred feet is measured from the residential structure, rather than residential district. So, that is the first item and that is out of the specific use standards for the use in the UDC. The next one is item -- condition number 2.1C. The condition reads: If an outdoor speaker system is proposed, the location of such shall be depicted on the plans at least one hundred feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. The applicant is requesting a waiver from this standard, as allowed by the UDC through a conditional use permit. The Commission did not act on this at the Commission hearing, because this was not a request at that time. So , as I said, the applicant is requesting a waiver of this condition. In the alternative of a waiver the applicant is requesting the one hundred feet is interpreted to be from a residential structure, not residential districts. Next, condition number 2.1D, the outdoor event or activity center, which includes, but is not limited to swimming pools, shall not be located within 50 feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m. as set forth in UDC 11-4-3-2A2. The applicant is requesting earlier hours of operation of 5:00 a.m., instead of 6:00 a.m. for outdoor activities, Monday through Friday seasonally and waiver of the 50 foot setback requirement. In this case the UDC does not allow a waiver of the setback standard. Just to -- just a couple notes. The southern swimming pool -- actually I could get the site plat up here. This drawing here in your lower right-hand corner is the current concept plan. It's a little hard to see. There is a swimming pool here and here. The southern sw imming pool is located approximately 70 feet from the property line, but the lounge area around the pool is approximately 20 feet from the property line and that is this area right here. With approval of a property boundary adjustment that's currently in process, the northern swimming pool area will not be within 50 feet of the property line. Condition number 2.2, the hours of operation of the athletic club and spa are limited to the hours between 4:00 a.m. and 10:00 p.m. -- excuse me -- 10:00 a. -- excuse me -- 10:00 p.m. and 12:00 a.m. Or it's a typo. For indoor activities and 6:00 a.m. to 11:00 p.m. for outdoor activities with outdoor music limited to the hours between 9:00 a.m. and 10:00 p.m. as approved with this application. The applicant is requesting earlier hours of operation, as I previously stated, for outdoor activities from 5:00 a.m. instead of 6:00 a.m. and that's Monday through Friday seasonally, condition number 2.1D. And there was substantial discussion about the hours Meridian City Council Meeting Agenda March 5, 2019 – Page 51 of 487 Meridian City Council February 21, 2019 Page 43 of 84 of operation at the Commission. And, finally, condition number 2.10, the applicant shall work with the planning staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot and that is this area right over here. Folks have to cross Centrepoint Way right here to access the site. The applicant is requesting the following text is added to that permission: If permitted by ACHD. In the event ACHD will not allow the crosswalk and staff is amenable to this change. So, I'm not sure if you want me to go into the development agreement modification at this time or if you want to take any testimony on the -- on the conditional -- on that Council review from the applicant and ask any questions you might have. What would be the best option. Cavener: What's your preference? Seeing head nods, which I think you can go ahead and continue, Sonya. Allen: Would you like me to continue with the development agreement modification request? Cavener: I'm assuming the heads nodding -- okay? Is that yes? Allen: All right. Milam: I want to hear from the applicant. Cavener: Oh, you want to hear from the applicant now? Okay. When everyone nods heads when I'm doing this for the first time, you got to give me a little more direction. Okay. We got to get through this together. All right. Thank you, Son ya. We will hear public testimony. Unless -- does anyone have any questions for staff at this point? Okay. The applicant. Allen: In the absence of the Mayor, I would make a recommendation that Council not act on the Council review until they hear the development agreement modification request and act on them both together. Thank you. Tamara, while this is booting up if you want to get the logistics out of your way, introduce yourself and your address and, then, the time is yours. Thompson: Absolutely. Are you Mr. President? Cavener: I am. God help us all. Thompson: Mr. President, Members of the Council, Tamara Thompson. I'm with The Land Group at 462 East Shore Drive in Eagle. Tonight I'm representing the property owner and they are with me tonight. Mr. Randy Black, Junior, is here, and, then, I have a representative from VillaSport here as well. So, we are prepared to answer all your questions. So, to start I think before we get into all those specifics, I think it's good to give you an introduction of where we are and what the project is and the extenuating circumstances for the request for the Council review. The property is on the southwest corner of Eagle and Ustick. It's outlined in blue. So, I want to highlight that it's not -- it Meridian City Council Meeting Agenda March 5, 2019 – Page 52 of 487 Meridian City Council February 21, 2019 Page 44 of 84 does not exclude the 3.5 acre corner. The existing development agreement does include that corner, so we are requesting to be taken out of that development agreement and have a new development agreement just for the properties in blue. It's important to note that this is the fifth busiest intersection in the state of Idaho. That was -- that was an interesting fact that I came up -- that I found. The Milk Lateral bisects the property and it's pretty much on this existing property line right there. It's -- the staff report mentions that it runs along the -- the east and the north property lines and, then, in fact, bisects the property. The Milk Lateral is currently being tiled, if you have driven by there in the last week or two, and we are under a short timeline with the irrigation district in that that work has to be done before March 15th. So, we had to get that work started. And, then, the site is bounded on the north by Ustick Road and on the east by Eagle Road and, then, it has Centrepoint Way that runs on the western portion of it. Just real quick on this. I want to point out a couple cross-accesses. Cajun -- North Cajun Lane has a road here that will -- that has a sign there to be extended in the future and we do have a cross-access with that development to the south already in place and, then, there is three access points on Ustick Road and those align with the accesses on the north side of Ustick. So, you have got the Centrepoint Way light and you have the two -- the two accesses on -- on Ustick and I will point out we are going -- we will be proposing some modifications to those once I show you the site plan. Here is a quick snip of the future land use map . The property is -- has a future land use map designation of mixed use regional and the property is currently zoned C-G. The C-G zone is the largest scale and broadest mix of retail, office, service and light industrial uses and I bring this up , because that is what's in the current development agreement, so what we could be proposing here could be much more intense as far as delivery vehicles and loading facilities. This is the existing development agreement concept plan and it was approved for -- and you can see here it included the hard corner and it has 150,282 square feet. This is -- the property has a 15 year history of prior entitlements. It was annexed in 2004 with a development agreement for 36 acres. In 2005 it was split off for just this 15 acres and this is the most current concept plan, although you did see something in 2013 that you approved , that development agreement wasn't ever signed and, therefore, it has expired. That approval was expired. So, just to give you some site conditions. Obviously, I didn't take these today. This is at North Cajun Way. So, where the cross-access is closest to Jimmy John's, there is this -- what you can see, this says road to be extended in the future and the -- this project -- or the retail portion was entitled prior to the residential, but it is, obviously, going second, but it's kind of a happy coincidence, because we have a nice big landscape buffer there where these trees have grown up considerably. So, there is an existing wood fence on the property line and mature trees. So, that was looking west. This is looking west, but down Picard Lane. So, I'm just a little bit further to the south and, then, you can see here these -- the fence and the mature trees and this is on Picard, but it is looking west and on the corner where Centrepoint comes in there is a big open space in that area and, then, the trees running down there and one thing to note is none of the homes on Picard face Picard. It's all side yards on those locations. And, then, this is a little bit further to the north looking at that wall and the homes behind and, then, looking at Kohl's off to the north and some of the constraints we have on the site -- Idaho Power recently -- it was within the last 18 months -- I call it a mini substation. I don't know what they call it. But it is a considerable box that they put on -- on the street frontage. So, we have power lines and this little mini substation Meridian City Council Meeting Agenda March 5, 2019 – Page 53 of 487 Meridian City Council February 21, 2019 Page 45 of 84 that is on Ustick Road. And VillaSports. I'm going to -- I will give you just a brief overview of what VillaSport is. It's -- it's an amazing community amenity that the City of Meridian -- they only have a few and I'm going to turn it over to Mike to give you all the specifics and we have a bunch of pictures here, but it's a -- it's an athletic club with both indoor and outdoor recreation, including a cafe, there is a pool bar for the outside. There is an adults only area. There is a spa offering massage, facials, manicures, pedicures. They have child care. Kids camps. Swimming pools. Water slides. Whirlpools. Play area. Outdoor turf fields. And, Mike, if you want to come up. This is Mike Fassler, he is with VillaSport and he's going to give you some more specifics to -- to the use. Cavener: Thanks, Tamara. Good evening, Mike. Thanks for joining us. Fassler: Good evening, Mr. President and Council Members. Thank you for having me. Cavener: Mike, just for the record, can you introduce yourself and give us your address. Fassler: Yes. My name is Michael Fassler and my address is 150 Pelican Way, San Rafael, California. Cavener: Okay. Thank you. Fassler: Thank you. I'm here representing VillaSport, Athletic Clubs and Spa, and VillaSports is very excited to have the opportunity to bring a VillaSport Club to Meridian, Idaho. VillaSport Athletics Club and Spa is a family-owned and family-operated business. We currently own and operate five clubs. The first club being Colorado Springs in 2006. There is two clubs in the Houston, Texas, area. There is one club in Beaverton, Oregon, and the most recent club was in San Jose, California. It opened up in March of last year. We also have two clubs under construction, in Roseville California, and Katy, Texas, VillaSport is a new product that hasn't been seen in this area. It's more than just traditional fitness club, it's more of a resort-like experience, focusing on families. The vast majority of our memberships are family memberships. I kind of want to take you through and give you some shots kind of looking at what the VillaSport Club looks like. These are very different than what you have seen before. They are 90,000 square foot plus clubs. We have been working on the prototype for -- since 2006 and the last two clubs have been using the same prototype, which is being used in the two under construction as well. So, this shows you the indoor swimming pool. There is also an indoor whirlpool -- indoor- outdoor whirlpool, actually, which kids love, especially in times like this where it's snowing outsides. Great amenity to have. And our focus is definitely families. Here you see some age groups practicing and there is also water slides and kids amenities outside in the aquatic center. This is a large aquatics center facility that we build. There is two swimming pools, there is several whirlpools. Part of it is an adult only section and that's what you see on the left in the picture. You see that's limited -- it's 18 and up in that area. And, then, you have got the recreational pool to the right . There is water slides and kids play -- play apparatus as well. And, again, more shots just showing the fact it is a family -- it's kind of -- it's kind of a resort like experience down the street from your house and it reaches out to families. There is also a spa that we have that we are very excited about. Meridian City Council Meeting Agenda March 5, 2019 – Page 54 of 487 Meridian City Council February 21, 2019 Page 46 of 84 It offers full spa services and it's open to the public, as well as for members. Just some more shots. This is the executive lock -- this is the executive locker. MCC's high end facility. It's -- you can lounge, watch a football game, and just kind of enjoy, read -- read a magazine while you're -- while you're in the locker room. There is also even TVs inside the steam rooms and sauna. Milam: Oh, that's cool. Fassler: So, it's -- it's interesting. Yeah. And we also have over 120 cardio equipment apparatus as well. We offer over 180 Group X classes each week at our facilities and all different types. So, it's not just be -- you know, you're not just sitting by the pool and relaxing, you're also having the opportunity to get in fitness. The athletic club portion of the facility. And we also have a full NBA size gymnasium and also a kids gymnasium, which is separate, focusing on Villa Kids program, which we are very proud of. Villa Kids is for children aged six weeks to 12 years old and includes competitive intramural leagues for kids and for adults and, again, more of the Group X, focusing on classes. Again, 180 classes. We offer -- there is five different Group X studios. So, there is kind of something for everybody. And Villa Kids -- Villa Kids is about 12,000 indoor-outdoor square feet dedicated just to children. We are very proud of this. It's a high end facility. These kids go through rotationals. There is five different rotations they will go through for about 25 minutes each and one will be an art studio and one will to be a dance studio. One will be just for playing outside on foursquare. Another one will be, you know, in the gymnasium doing different activities. Competitive activities. This shows you a little bit more of the Villa Kids program. And, then, the concept is that -- that you leave the kid in the Villa Kids program for a couple hours a day and mom and dad can go workout, they can go sit by the pool and get some time to themselves and it works out well. The kids actually bring the adults -- often bring their parents to the club. One of the other things we offer is a cafe. So, this is the -- the indoor cafe with an outdoor seating area right next to it. Offers meals, snacks, smoothies, coffees. There is wine and beer, full -- full bar. It's the one by the pool. So, there is an outdoor grill by the pool as well. And the pool area is for -- for the Idaho location -- for Meridian would be seasonal, so it's not a year round -- it's not a year around facility. And here is just the different community events that we offer, kind of showing you. So, there is -- there is breakfast with Santa. There is a great egg hunt. We offer daddy-daughter dances. We do a lot of community activities. There is -- as well as a public school open house. It's a -- it's a -- it's a chance or forum for people from public and private schools to explain what their school offers and educate parents and it's open to the public as well. The public school forum -- or the school forum. And this just gives you a sense of sort of the elevations of what our prototype club is. As you can see it's about the -- the canopy goes up to about 48 feet . Most clubs 36 feet tall. It's on two levels. The first floor is about 58,000 square feet. Second floor is about 32,000 square feet. The Group X rooms are all upstairs and mostly downstairs is the cafe, spa, the locker rooms. In addition to men's and women's locker rooms there is actually a large family locker room as well, which is great -- great for the kids and the family. And just more of kind of elevations. What it looks like. And, then, this explains the floor layout and I kind of wanted to talk a little bit about that, to explain sort of the different uses that we have. So, I talked about the family. There is a family locker room. There is the spa right Meridian City Council Meeting Agenda March 5, 2019 – Page 55 of 487 Meridian City Council February 21, 2019 Page 47 of 84 in the middle. And there is men's lock -- there is a woman's locker room and the men's locker room. This is all the Villa Kids area right here. So, that's all dedicated to kids. There is the kids gymnasium. There is the NBA size gymnasium. There is the indoor swimming pools. So, there is an indoor swimming pool, an indoor lap pool, excuse me, and there is an indoor recreational pool and, then, there is also an outdoor recreation pool and outdoor adults only lap pool and this shows you -- I think it came up earlier. So, that's the rec pool outside. This is the lap pool. And it's an 18 and over area. The grill would be over here. Adults only area. And there is one over here. This will be the turf area. This is where people can kind of play -- can do things on their own. Do some -- do some activities. And -- let's see. I just want to talk about -- we looked at -- this is the site plan. So, we looked at set -- four months we spent trying to program this. We are constrained by not just the access points, but also by the Milk Lateral that -- that Tamara referred to earlier. So, we can't build over the top of it. So, this is our prototype . This is what works. This is what's proven. We have used it now in two locations and two more under construction. So, we are -- we are sure that the members appreciate it and it works for us and for them. One of the things I want to talk about a little bit is this is a major construction project that we are bringing to Meridian. This is over 9,000 square feet of construction, plus an additional 47,000 square feet outdoor pool space and it's also going to have an economic impact beyond just the construction -- giving jobs for construction, it is also going to create 200 -- more than 250 new jobs for Meridian. So, we are very proud of that fact as well that we are bringing that to the community and we are also bringing this community -- community amenity that folks and families and people can appreciate. So, I'm happy to answer any other questions, but thank you again for your time. I'll send it back to Tamara. Cavener: Sorry, Tamara. Do you have a question? Thompson: Mr. President, since we are addressing two different items, I'm just asking for a little bit more time. Cavener: That's fine. Thompson: Thank you. Cavener: And just for the -- for the benefit of the public, this agenda is a little bit different in that we have got kind of two agenda items that kind of pertain to the same project . So, typically, staff provides us some comments, the applicant provides their comments, then, we open up the public hearing. What we are going to do in this instance -- we will give the applicant a couple more minutes to address the second piece . We will have staff address the second agenda item. And, then, we will open up the public hearing for everyone to be able to provide comments moving forward. So, Tamara, please, continue. Thompson: Thank you, Mr. President. So, to just walk you through the site plan a little bit, since this is the first you have seen this colored plan, what I was showing you before with the accesses on Ustick Road, the accesses on Ustick were installed and constructed with ACHD when they did the intersection improvements about ten years ago. They Meridian City Council Meeting Agenda March 5, 2019 – Page 56 of 487 Meridian City Council February 21, 2019 Page 48 of 84 aligned those exactly across from each othe r at the time, but now there is -- the traffic is such that there is a median along Ustick anyway, so those don't have to align anymore. There is no left turns on Ustick Road. So, we have worked with the property owner on the corner and you will see that it used to be -- it used to align right here. So, we had one access that was on the corner property and one access that was on this property and we are working with them to put this to close both of those and to have one combined access that would go -- to split the property line and we do have a traffic study and submitted that to ACHD back in July and ACHD is in supportive of this. They do want a right turn pocket here and they like that this gets moved a little bit further back from the inters ection and -- and -- and, again, this is just right-in -- right-in, right-out only and left turns would be here and, then, there is cross-access that we have that would get us to Eagle Road down at this location. So, that's the access and the cross-access and, then, we will have some cross-access to that corner for -- for any items there. So, to walk you through the -- the various items that we have for the dimensions that -- that were mentioned by Sonya on -- for our Council review. So, those exact items are listed in the staff report for the DA mod as well. So, to -- I will just bring those up for here. So, of the -- of the conditions of approval, the first one deals with the -- that we are talking about is -- well, actually, I will just go through the way it makes more sense. The outdoor recreation area, to maintain a minimum setback of a hundred feet from a residential district. So, where -- where we have the outdoor activity center with the pool, this was strategically placed with the adults only area. So, this is the spa area, 18 and over, and at this location there is an existing fence, mature landscaping, and, then, you have got an open space and, then, you have a public road. So, the -- the way the ordinance reads is it's a setback from a residential district and that district is the property line. So, Planning and Zoning Commission agreed that we -- that that setback could be measured to the residential property line and we were asking for structure, but I guess it depends on where you take the measurement from. So, we are fine with that as approved by Planning and Zoning and you can see right here from the edge of the pool to the property in line is a hundred feet two inches. So, mainly we just want to be transparent here . I wanted to walk you through everything to make sure you're comfortable with it and that way do you have it out and , then, again, the exact same conditions. They are numbered differently, but they are in the DA mod staff report as well. So, that is one. The second one is the outdoor speakers and those being a minimum distance of one hundred feet from, again, a residential district and we are asking for that same consideration, that the separation be from the residential property line and we will even add to that, that those speakers would be oriented away from the residential uses, so that they are not going towards residences. The third one is prohibiting outdoor event or activity centers from being located within 50 feet of the property line. There is two parts to this. So, we actually -- the pool is actually 24 feet from the property line. But, again, if we take and go to the residential zone -- I'm sorry, not zone, but the residential property line, then, we, again, are -- the closest location would be one hundred feet. The fourth one. I'm sorry. The second part of that limits the hours of operation between 5:00 a.m. and 11:00 p.m. The -- I'm sorry. 6:00 a.m. to 11:00 p.m. We are requesting 5:00 a.m. for this -- this area only. They have members that like to swim in the morning in the summers. They are adults. They have a swim team that uses the indoor lap pool and so they are just looking for 5:00 a.m. for the lap pool only. Speakers would not be used during that time. We have a different condition of approval Meridian City Council Meeting Agenda March 5, 2019 – Page 57 of 487 Meridian City Council February 21, 2019 Page 49 of 84 for speakers, which go to -- don't start until 9:00 a.m. D limits the hours of operation. This is similar to the other and, again, we are asking for 5:00 a.m. to 11:00 p.m. for outdoor activities, Monday through Friday. And, again, this would be seasonally, because the pool isn't open all year long. Saturdays and Sundays would -- would be the later. We could agree to that. They just have a swim team that meets at 5 :00 a.m. on Monday through Friday. And, lastly, the condition for the walk -- the crosswalk. We wholeheartedly support that crosswalk there and ACHD is currently saying they -- they would not support a crosswalk at that location, so we are happy to work with the city, we just wanted to add some language to that saying, you know, there is only so much we can do and if ACHD allows it. But between us and the city we are hopeful that we can get that approved and just wanted to -- actually, I will get into that a little later when I do the rebuttal, so with that I will stand for questions. Cavener: Thanks, Tamara. Council, questions for the applicant? Shall we turn it back over to Sonya? Are you ready to close the loop for us? Allen: Yes, sir. Cavener: Thank you. Appreciate everyone's patience. Allen: So, a little backwards. Sorry, guys. So, the development agreement modification request. So, the overall property consists of 11.39 acres of land and, again, it's zoned C-G. The property was annexed in 2005 with a development agreement. It was part of the Sadie Creek Commons development. The previously approved concept plan was for a mixed use development consisting of 150,000 square feet of commercial , retail, restaurant and office uses on 15.33 acres of land. Three accesses were appro ved via Ustick Road and one right-in, right-out was approved via Eagle Road. So, I was just going to use the applicant's concept plan here, because it was a little better than mine. So, this is the one that's currently included in the development agreement. The provisions in the current development agreement pertain to this development plan and is applicable to the subject property, as well as to the out parcel at the northeast corner of this site and that was this area right here. Again, the Comprehensive Plan future land use map designation for this property is mixed use regional. The development agreement modification proposes to remove the subject property from the terms of the existing development agreement and enter into a new development agreement for the proposed development and site. And, then, the existing development agreement would still remain for that out parcel at the corner here that I mentioned. I will see if the applicant has a concept plan I can use. The proposed development. They had a nice color one here that was a lot more legible than the one I had as well. Bear with me here. There we go. So , the new concept plan and building elevations are proposed with the subject application that demonstrate how the property is now proposed to develop. The new plan proposes a 99,000 square foot two story building for an athletic club and spa and a 15,300 square foot retail building. Again, the retail building was this pad right over here on Eagle Road. Associated parking for the proposed uses is also depicted . Access is proposed via Centrepoint Way along the project's west boundary and from the south from Cajun Lane. An access is also proposed via Ustick Road, an arterial street, which the UDC -- that UDC restricts access Meridian City Council Meeting Agenda March 5, 2019 – Page 58 of 487 Meridian City Council February 21, 2019 Page 50 of 84 to arterial streets, so it does require Council approval of a waiver to 11-3A3. So, if you could, please, include that in your motion tonight it would be appreciated. Written testimony has been received from a couple neighbors on this application. David D urfee and Steve Grant. They are both against the hours of operation earlier than 6:00 a.m. for the outdoor activity area. Staff is recommending approval of the development agreement modification and just keep in mind on the Council review application that's before you there are associated development agreement provisions that will also need to be included to change if you grant the Council review. Thank you. Staff will stand for any questions. Cavener: Thank you, Sonya. Council, questions for staff? All right. At this point, then, we will go ahead and begin the public hearing. Mr. Coles, do we have anybody signed up to testify? Coles: Thank you, Mr. Vice-President. One. Jeffrey Vrba is signed up to address the Council. Cavener: Please. Mr. Vrba, thank you for joining us tonight. If you could, please, introduce yourself and give us your address and the time is yours. Vrba: Mr. President and Council Members, my name is Jeff Vrba. I live at 3005 North LeBlanc Way. I'm here representing the Jackson Square Homeowners Association and, Mr. President, according to your bylaws I'm allowed to have ten minutes as part of the -- Cavener: You're representing your organization? Vrba: Yes. Thank you. Cavener: Yeah. Vrba: Mr. President and Council Members, the home -- our homeowners association of Jackson Square Subdivision is against this development going in in this location. We are not against the development totally. We like the facility and that, but we feel it's wrong in the location where it's -- they are trying to put it in. There are currently ten to 11 fitness center slash gyms within a one mile radius of this facility. Two right across the street, Gold's Gym and Orange Fitness. We have got a couple down on the corner of Fairview and Eagle Road down there, too. There is three of them right there. And just down on Fairview there is another five to six gyms or fitness centers or athletic training out there. So, we feel -- do we really need another facility in that area? The other thing we are having problems with is the outdoor swimming pool next to our single family homes. Basically, all other outdoor pools that are here in Meridian that are public are not that close to residential areas. The two pools I can think of is the city of -- the city pool and Wahooz. They are both further away than this. But this pool being placed right there they have projected a 25 foot slide right outside of the re, right off the Centrepoint Road. We are going to have kids playing in there screaming and shouting and that's what we are trying to avoid. They are -- they are requesting music to be played in their speakers from 9:00 to 10:00 p.m. at night. I like to go out in my -- my lot and be able to sit there in peace Meridian City Council Meeting Agenda March 5, 2019 – Page 59 of 487 Meridian City Council February 21, 2019 Page 51 of 84 right now. So, right now we hear some traffic, which is understandable. That's okay. The other part we have problems with -- we want to try to keep it with the original development agreement. Reason being behind that is there was a large place that was right there, but there was also an access road for their delivery trucks to drive between our fence and their building. So, their buildings are going to be pushed further north than what this one is. This one's right on our fenceline. The other thing that we wanted to try to do, too, is with their building being a 35 foot tall building right along the fenceline -- they keep saying two story building. Yeah, it's a two story commercial building, which is equivalent to about a three story house. So, right outside of my window -- I sent you guys some photos earlier on that. Three -- three story tall or 36 feet up I'm going to be blocking everything out that way. TV reception for regular antennas and everything else going up to Bogus Basin is all going to be blocked from that area. Granted, we know that it's slotted for larger buildings if you go there, but they will be pushed further north in that lot and right on the boundary level there. The other thing we were concerned with is the business. All the other businesses in that general area are running regular business hours. They open between 9:00 and 10:00 in the morning and close between 9:00 and 10:00 in the evening. With this building -- with this facility going in there at the corner of Eagle and Ustick, like they mentioned, is the fifth busiest intersection around. If you try to drive through there between 7:00 and 9:00 o'clock in the morning and, again, between 4:00 and 7:00 or 8:00 in the evening it's jam packed, it's busy, you can't get down Ustick Road if you need to get down there and that. That's when a majority of people are going -- going to work. Their facility being there, they mentioned that they want to have the pool opened up early so people who go there and workout before they go to work, what's going to be going on is other people are going to work, they are going home to get changed so they can go to work. That's just going to busy up that intersection more than what it currently is . The other couple things we had some issues with was -- well, the main thing was the traffic there that we were talking about and community events was the other main thing we were concerned with. They are saying they want to have community events -- bring the community into their facility. Every time you have community events going on in the area they are going to be jam packed. Their parking lot is not big enough to hold their people that want to workout in their gyms, want to workout and they are doing their things, and also having to go and have other community going there, which means their guests for their community events are going to be parking in our subdivision , along our roadways, which is limited right now to what we have anyhow, because the houses are more patio type homes. My house -- I have three cars spots that can park in front of my house. I'm the second house in from the corner there, so in that case if I get guests that's got to come over, they are not going to be able to park if it has been filled up. If you compare it to around the Settlers Park, the Village and that when they have community events, there is people parked all over the place blocking people's driveways, blocking access to people's houses, blocking everything else. I know the police department's been out numerous times at other places, they are having to write tickets for blocking driveways and that. We don't want to see that in our subdivision . We are small enough and that that we would like to see it spread out. According to the NextDoor website, which we all follow here, they say we have 462 people living in that little subdivision there with Jackson Square and Centrepoint Square I guess it is right now. Out of that they said the average homeowner is 51 years old. We are done with our kids. Our kids are out. We do not Meridian City Council Meeting Agenda March 5, 2019 – Page 60 of 487 Meridian City Council February 21, 2019 Page 52 of 84 want to hear screaming kids in the pool area. We bought those houses there knowing there was no school right next door, there was going to be businesses going in where we were not going to hear that type of stuff . We understand when I bought the house that there was going to be delivery trucks in behind making the noise that a standard delivery truck would be. That's what we were expecting, not a pool area where we got music playing all the time and kids playing out there. The other thing was we were looking at the cost of membership. We looked at the -- their -- one of their sites there and to get a family of four in you got to pay a 413 dollar membership fee up front and 275 dollars a month. I could go over to Gold's Gym -- I went and looked on their site. It's only a 149 dollar membership fee and 65 dollars a month. A lot of the other gyms in areas in there -- area are similar to what Gold's Gym is at. That's including the -- YMCA is cheaper than what this one is for a family of four trying to get in there. I don't know about you, but I cannot afford 240 or 275 dollars a month if I want to have a family of four in there. They are saying they are here for our community. They are here to line their pocketbooks. The community here has enough gyms in the area. We have spas throughout the area. We have all these other things that they are trying to bring in. They are going to be closing down our smaller businesses that have been running here for a while. Your spa areas, if they are going to be bringing in a big spa facility, some of the smaller ones may end up feeling a little bit of a crunch on there. Some of the other things that we were concerned with is the entrances and exits to their thing. If you look over at Gold's Gym, which is across the road, they have five entrances to get into Gold's Gym up -- two off of Eagle Road and three off of Ustick. This one here really has one off of Ustick to get in. The second one off of Ustick is a right turn only, so the only way you can get in there is you have to be heading west -- or east on Ustick. The other entrance, those on Eagle Road, the only way you're going to get into that entrance is you're going to have to be traveling south on Eagle Road. If you're traveling north on Eagle Road you have to flip a U-turn there on Ustick or go all the way down to Centrepoint and come in that way. Our subdivision and the other homes that are out there only have two entrances to get into our subdivision. That's Centrepoint Way and the one on -- that goes off on Eagle Road there and with that extra traffic and business that they are going to be bringing in during rush hour when some of us have got to get to work , it's going to be bottleneck up in that area. I agree ACHD will do some traffic timing and change some lights and that, but it's not going to be enough for that area and my main concern is I want it -- and the homeowners want it to go back to the 2005 development agreement at that. Put in the big buildings that were originally supposed to be slotted there. Bring in the businesses that were supposed to be there. That's what we want to see. That's what we were expecting when we bought our houses. That's what we were expecting when we moved in and that's what we were planning on and now with this facility going in there it's throwing everything out. One other thing really quick here. Their pool, why don't they move it down on the Eagle Road side right by Jimmy John's. That's where all the commercial property is at. Put it down there. The noise for the people yelling and screaming, it's not going to be a bother to anybody. The eyesore of the 25 foot tall slide is not going to be bothering people. Their music is not going to be bothering people down there, because it's in the commercial area, instead of being back close to the residential area. And our -- our lots are small anyhow and you can see when they drew it -- their map there was only like a ten foot difference from the house to where they deem their lot line was. So, we don't Meridian City Council Meeting Agenda March 5, 2019 – Page 61 of 487 Meridian City Council February 21, 2019 Page 53 of 84 have the 65 feet that a lot of your houses have running from the backyards out to the street, plus another 20 foot common area, plus another road, plus another common area on the other side. So, this is going to be right in our backyards and that's what we are against. Thank you for your time. Cavener: Thank you, Mr. Vrba. Council, any questions for Mr. Vrba? Palmer: Mr. Vice-President? Cavener: Mr. Palmer. Palmer: Mr. Vrba, thanks for coming and providing the opinions and information from your neighborhood. I do have several questions for you. One of the -- one of the first points you made was that there is too many gyms in the area. Did you have any kind of data that kind of backs up whether -- how much a particular market or population or whatnot might be able to sustain a certain number of gyms or -- Vrba: I do not have any of that information here. Palmer: Okay. Next question. You had mentioned that in the -- the original development agreement that there -- because the buildings were further north that there wouldn't have necessarily have been delivery vehicles against your fence and you mentioned specifically that in this plan there would be delivery vehicles against the existing fence. Vrba: In the existing -- the 2005 one there will be allowed vehicle -- delivery vehicles between our fenceline and the house -- or our fenceline and the buildings, because that's where they would have to be delivering from the back. With this facility here they actually butt up -- if you look right down there on Picard Lane, they are butted right next to the fenceline that's running right there, so there will be no extra buffer in that area. With the 2000's setback there along that road -- or along fenceline there they -- on the opposite side they had a little bit of common area and , then, they had a roadway for their delivery vehicles. Palmer: So, your preference is to hear vehicle deliveries over children in a pool ? Vrba: That's because your vehicle deliveries will be once, maybe twice a day usually and that and the kids playing at the pool is going to be from 9:00 o'clock in the morning all the way up through 10:00 o'clock at night is what they are requesting for the outdoor for kids. And, then, you're also going to have the other pool and guests are going to be in here at 5:00 o'clock the morning swimming their laps or whatever else they are going to do. And if they are bringing in their swim teams like they were mentioning, you got all that noise out there, too, just people out there yelling in the background. If you guys ever come out through to the subdivision out there it's a quiet area, except for a little bit of traffic that we hear down Eagle and Ustick and that's what we liked about it when we moved in and stuff like that, so -- Meridian City Council Meeting Agenda March 5, 2019 – Page 62 of 487 Meridian City Council February 21, 2019 Page 54 of 84 Palmer: Another major concern that you mentioned was the busyness of the intersection, you know, traffic -- people visiting the establishment. I believe in the current development agreement there is about 158,000 I think is what I heard square feet of available space. So, is it your opinion that there would be more traffic from this 99,000 square foot facility than there would be from a potential lot of facilities that would be 60 percent -- 60 percent more square footage of businesses? Vrba: What we were looking at is the times that this traffic is going to be going through there. They are looking at opening -- wanting to open up earlier in the morning at 6:00 o'clock -- or 5:00 o'clock in the morning. So, between 5:00 to 7:00 people are going in there, they will be going home. That intersection at 7:00 o'clock in the morning you can't get out on Eagle Road. It's bad. And by -- and, then, same thing in the evenings when you got people going home, people are going to try to go to the gym and go from the gym going back home during the peak rush hours. If these other businesses open up at 9:00 o'clock and -- like the other local businesses around the area do and close at 9:00 or 10:00 in the evening, you got people traveling in and out. You don't have the mass people going over to Kohl's, which is right across the street and wanting to all leave towards the same time to try to get home to get -- so you can get to work. You got them throughout the day. So, I don't -- I feel -- and looking at the way we are able to look at Kohl's and that parking lot over there when the drivers drive out, it's not a lot of cars at a short timeframe. It's throughout the entire day they got a few cars coming in and out. Palmer: I got one more question. You seem to have a really big problem with the -- the variation cost between this particular establishment and other area gyms. Is it you and your neighbors' opinion that this Council should base decisions on -- on future developments based on whether they charge a similar amount to others that provide one of those -- the services or should we ignore that when it comes to the different levels of amenities that may be provided? Vrba: What we were concerned with with that is the likelihood of who is going to be coming in to visit. Most of the people in the area are not in that price range to be able to afford that, so that means there are going to be more people traveling. This facility, sorry to say, to more attuned with people more down Eagle Road -- Eagle than it is up in Meridian for the wages and stuff like that. Eagle has been known to be more of the ritzier area and that's what this place is -- needs to be more down towards Eagle than up in this lot right here. Palmer: Mr. Vice-President? Cavener: Mr. Palmer, I want to give everybody else on the City Council an opportunity to ask some other questions, so let's -- let me give a couple other Council Members and, then, if your questions get asked and is addressed -- and, if not, we will come back to you at the end. Palmer: Sounds great. Meridian City Council Meeting Agenda March 5, 2019 – Page 63 of 487 Meridian City Council February 21, 2019 Page 55 of 84 Cavener: Any other Council Members have any other questions? Bernt: Mr. Vice-President? Cavener: Mr. Bernt. Bernt: So, Ms. Thompson and the gentleman from VillaSport mentioned that the outdoor pool and the reason why they are -- they are requesting an earlier -- their hour of operation is because they wanted to accommodate those who wanted to lap swim. Vrba: Yes. I understand. Bernt: Okay. So, I guess I'm having a hard time understanding why you would be opposed to some -- a handful of people, you know, swimming at 5:00 a.m. in the morning and how that might affect you and your neighbors. Vrba: At 5:00 o'clock in the morning -- if it's one person out there swimming it's no problem, but when you start getting more than one person out there or spouses of those that are out there waiting their turn to swim, they are going to be talking, their voices are going to go up and, I'm sorry, it doesn't matter what type of wall you have , it's going to carry over and makes it -- right now we don't hear that noise, we don't have that type of situation in the area and that's what we are fighting against. We don't -- we won't mind the traffic with a truck driving through there, because it's going to drive in, stop and unload. But with people being out there, splashing in the water, whatever else they are doing, we feel that that extra noise is going to be more than what we want to hear. Bernt: Mr. Vice-President, follow up? Cavener: Mr. Bernt. Bernt: I just wanted to make sure that you understood that it was just going to be lap swimming only, so -- Vrba: I understand that. Bernt: Good. Thank you for -- Vrba: And being the one closest to our side from the lap swimming. Thank you. Bernt: Very welcome. Thank you. Cavener: Mr. -- is it Vebra? Vrba: Vrba. Meridian City Council Meeting Agenda March 5, 2019 – Page 64 of 487 Meridian City Council February 21, 2019 Page 56 of 84 Cavener: Vrba. Sorry. My name -- last name gets butchered, too, so my apologies. I was trying not to do that. Can you orientate on the screen where your home is for Council so we can see? Vrba: My home is this one right here. Cavener: Right. Vrba: The photos I sent with the earlier packet and to everybody was taken right out here on my -- my -- looking right over this way. Their building is going all the way up to the corner here, what my understanding is, all the way down to Picard. This road right here -- the only way they can get out on that would have to be a right-hand turn and this would be a right-hand turn. This area here with everybody coming down Eagle Road this way, turning from here and turning from here, it's hard to get out of that right now, let alone extra traffic coming through there. Cavener: Well, Mr. Vrba, you will have to help me. So, I used to pheasant hunt as a kid in your neighborhood many years ago. Your -- your neighborhood -- I haven't been over there in some time and I remember at one point this Council -- there was discussion about making LeBlanc or Picard or the road around the roundabout private streets. Are your streets private streets or are they public streets? Vrba: Centrepoint Way coming in is public. Cavener: Okay. Vrba: This portion of Picard right here is public and LeBlanc Way is public. This is private. All of this here is all private. This is all private. And this road coming down here, which goes around all the way over to LeBlanc is all private road right now. Cavener: And, Mr. Vrba, who owns the -- is that -- does that belong to your homeowners association? Does that belong to a different property owner? Who ultimately is responsible for the maintenance on those? I remember, Council Member Milam, this was one of the first things we dealt with when we were brand new and so you will have to help me -- Vrba: We actually -- there is actually two HOAs out in this area right here. Jackson Square consists of these homes right here, which are all single family, and there was a center -- I believe it's Centrepoint Square, which is the duplexes that are all located down here and, then, there is the commercial property that's over here and it's -- this group here and the commercial property that own -- they have to maintain those roads, so -- Cavener: All right. Thank you very much. That provides some good clarification. I appreciate that. Council, other questions for Mr. Vrba? All right. Council Member Palmer, do you have some additional questions? Meridian City Council Meeting Agenda March 5, 2019 – Page 65 of 487 Meridian City Council February 21, 2019 Page 57 of 84 Palmer: Yeah. Sorry. The whole private road thing throws me off now, because -- I mean, obviously, on the map it looks like a major intent of accessing it would be via Cajun. Would that property be part of the ownership of private roads or -- or how does the access to that all work if the owners decided they wanted to gate it? Oh, that works there. Cavener: Council Member Palmer, I think you're getting into some questions we may have for staff later on. I just -- that got my question at least resolved for maybe some feedback for staff -- a question for staff here in a moment, but I don't think Mr. -- none of us are traffic engineers. I don't -- maybe there is -- Vrba: An engineer, but not a traffic engineer. Cavener: Fair enough. Okay. We won't hold you to it then, so -- all right. Any other questions? Thank you for being here tonight. Vrba: Well, thank you, Mr. President. Thank you, Council Members. Cavener: Mr. Coles. Coles: Mr. President, that was the only sign-up. Cavener: Is there anyone else here in the audience that wishes to provide testimony this evening? Yes, sir. Please come forward. Thank you for joining us tonight. Please introduce your name and give us your address. The time is yours, sir. Schofield: My name is Jared Schofield. I live at 1566 North Leslie Way. Basically the property that directly adjoins directly to the west on the map. The parking section there I'm the second house in off of Ustick. One of my -- Mr. Vrba covered a lot of the -- the issues that will surround this. One of the big issues, again, is going to be on traffic flows. One of the big areas we have, especially coming off -- for those of us coming off of Leslie Way trying to make a left-hand turn or even a right-hand turn off of Leslie Way onto Ustick at anytime in the morning rush hour or evening rush hour is nearly impossible. I have been in a -- almost in a head on one time each of the last two weeks because of people cheating the center lane when I try to go turn in -- make the turn onto my road, they cheat that center lane so they can try to drive down the Meridian -- or the median for an extended length of time. They also block that intersection completely, so that sometimes it can take up to ten to 15 minutes to be able to make the left-hand turn to cross traffic. There -- the traffic through this area is so intense already and -- because of Planning and Zoning allowing the high density further down Ustick, this traffic is only going to get that much more severe as we proceed into the future. That is something to keep in mind for you guys. Now, there are ways -- are ways to remediate that by blocking out the section. The general public will follow that and not block the intersections that they are not supposed to do. That's a hard thing to sell people on most of the time. Another one is on the hours of operation. Steve Grant, my next door neighbor, as one of the ones that submitted a letter, the hours of operation are excessively early and go excessively late. I do have small children in my house and with the direction of my backyard, it does face directly into Meridian City Council Meeting Agenda March 5, 2019 – Page 66 of 487 Meridian City Council February 21, 2019 Page 58 of 84 the facility. I'm not a hundred percent opposed to the facility. I like the concept. I like a lot of the ideas and there will be a privacy wall erected on that, but due to the elevation of the water slides and things there will be a -- basically a sound barrier that, regardless, even an eight foot tall sound barrier will not be enough to mitigate the sound coming off the water slides and off the waterpark directly into the yard. Other than that I feel that Mr. Vrba has covered a lot of the issues and I appreciate your time. Thank you. Cavener: Thank you, Mr. Schofield. Michelle, any -- Council, any questions? Thank you for being here with us and we appreciate it. Schofield: Thank you. Cavener: Anyone else in attendance that would like to provide testimony? All right. Tamara, do you want to wrap things up? Michael? Fassler: Thank you, Mr. President, Council Members. I just wanted to address some of the concerns that Mr. Vrba and the community had regarding the project. First off, the ACHD study, that was done using real data from one of our -- from our clubs, so it wasn't just some kind of predictive what it would be like if we built one here. It's actual data that they used. Secondly, there is large fees that we pay ACHD to help mitigate some of these traffic concerns. Additionally, someone mentioned Gold's Gym is being competitor for VillaSport. We have done market studies. Gold's Gym, even a 50,000 square foot athletic facility, is not the same. We are not a gymnasium at all and if I used that term in front of our owners I would be thrown out of the room. We are an athletic club and spa. That's something totally different and unique. It's something that that -- this area doesn't have. Idaho doesn't have right now. And there were also some questions regarding the -- the pool location. I would love to put it on the Eagle Road side, but I can't do that because there is afternoon shadows. The pools outdoors have to be in the west, otherwise, you lose several hours of pool usage time. So , that's -- that was a concern as part of our prototype, it was brought up in all the designs we looked at. Let's see. Some other things. The -- the VillaSport is a controlled environment. The Villa Kids, they are under supervision, they are not running wild throughout the club and there is people all over that will stop them if they even, you know, got out of line. So, it's not something we had a bunch of youth and teenagers running around doing different things , making lots of noises. I also want to point out -- I think it's in one of these slides here, so I will just go through it real quick. So, this is our San Jose club and we do -- we did address some of the concerns. We were listening to the neighbors as far as the concerns about noise and lighting. Here it shows you -- we have got umbrellas around pools to help mitigate the noise. You can see the lights that we use right -- right above the umbrella. These lights are no higher than 12 feet. They are all downward facing, so the lights don't impact the neighbors. We also use large pool toppers. These also reduce the noise significantly. These are eight foot -- eight foot high kind of tent -- kind of canvasy things that we use. And also I wanted to -- you notice in this picture here at San Jose -- if you will notice in the background there is actually -- there is residences in the background. We are right next to a residential district in San Jose. We just built this club in March of last year. We have had -- we have had no complaints from the residents next door. In Colorado Springs, Meridian City Council Meeting Agenda March 5, 2019 – Page 67 of 487 Meridian City Council February 21, 2019 Page 59 of 84 our first club, they actually built a three story multi-family complex right next to the swimming pool up against the fence and we haven't had issues with the neighbors there. In Beaverton they built a condominium -- apartment or condominium project across the parking lot, very close to the swimming pools. Again, there hasn't been any issues. They have actually increased the property values over there because we were there next to them. So, hopefully, you know, the concerns will never be concerns -- these things that -- that are being discussed. As far as traffic goes, a lot of our users use it on the weekends, which would be noncompeting hours. A lot of times our busiest times are during the -- the Group X studio times, which tend to be after the moms drop the kids off at school, so it would be in the mornings 9:00, 10:00, 11 :00 and after school when they -- when they come back in and drop the kids off at Villa -- Villa Kids. As far as the swimming pool use goes, we really need these outdoor pools to start at 5:00 o'clock and I understand that's early. I'm a competitive swimmer. I swam in college. President of the company is a competitive swimmer. Swam in college. I have been swimming since I was seven years old. It makes a difference whether you compete indoor -- swim practice indoors and outdoors. Outdoor is a totally different experience. You breathe better. You do better exercise. You get in more of a workout. It doesn't make a lot of noise. I have done lots of workouts very early in the morning. A car driving by the street adjacent to residential is going to make more noise than these swimming pools will make with 18 and over swimmers doing laps. It's not like they are -- they are chatty teenagers trying to, you know, catch up on what happened over the weekend. And , again, these are Monday through Friday. The lap swimming pool at 5:00 a.m., it's not -- and it's only seasonal. It's not going to be around. So -- so, I understand the concerns of the neighbors and we definitely are trying to address those and the way we propose this project and I just -- and I also wanted to clarify, too, that we haven't -- hasn't really come up is the -- the -- the turf area. I just want to make sure that that's not -- it was a little unclear in the conditional use permit conditions that were issued at the Planning and Zoning Commission. I want to make sure that that's not the hundred foot distance that the pools would be that we are talking about. We are okay with the residential property line being the -- the key line and a hundred feet back from that would be the swimming pool location. We are okay doing that, but the turf fields don't -- the turf areas don't work. They are a little closer and, again, it's not -- it's not organized activity, it's not competitive activity, it's -- it's all going to be seasonal anyway. I think that's about it. I'm happy to answer any questions that you may have. Cavener: Thank you. Milam: Mr. Vice-President? Cavener: Mrs. Milam. Milam: I just wanted to say that. I was kidding. I just -- I noticed in this picture, since I have been staring at it for so long, the -- the number of people that are there isn't overwhelming. I guess just to kind of point out the amount of people that use a fitness facility at one time isn't like going to Roaring Springs or some kind of place where there is -- you're just packed full of people. I used to own a gym. Full disclosure. A gym. A Meridian City Council Meeting Agenda March 5, 2019 – Page 68 of 487 Meridian City Council February 21, 2019 Page 60 of 84 little small 24 hour fitness place and the funny thing is -- I know this isn't. That's why I corrected it. That's why I said that. But the funny thing is when I was opening it and I was trying to get 24 hour access I had to come before this -- the Council then. I was told this 24 hour gym doesn't belong here. That's at Ustick and Meridian. Just two miles down the road. It belongs on Eagle Road. You should take this and take it down to Eagle Road and that's where you should open it. That's what I was told back then. There was one other thing regarding -- thing came up regarding the price. Do you know what the price is going to be? I don't know if that's -- Fassler: We don't set the prices yet until we get closer to opening , because the market changes. I could tell you Colorado Springs for a single person it's -- it's 92 dollars for one single membership and it's about half that to add an additional adult and, then, each child I think is 25 dollars. So, it really depends. Our most expensive club right now is San Jose, which, obviously, it's the Bay Area, it's more expensive, land is more expensive, the process takes many years and that one starts at 149 dollars. So, it really -- those -- that would be the range that we are in. And, again, it's a different animal. It's not, you know, somewhere where you get singles just workout in a gym lifting weights, it's going to be families. They are going to be going there having birthday parties there and -- and creating memories and relationships. It's -- you know, it's a sense of community there, it's not just in and out. So, you're not going to have as many people coming in and out as you would those kind of facilities, which is another important thing as well. Milam: Thank you. Bernt: Mr. Vice-President? Cavener: Council Member Bernt. Bernt: Talk to me about the speaker systems. Do you have speaker systems at all of your other facilities? Fassler: We do. We have them at our facilities. The one we propose here would be -- to face the speakers away from the residences to the south, which I think was addressed in our letter as well. So, we respectfully request the waiver of the hundred foot setback for that. Again, the hours restricted at the -- at the Planning and Zoning Commission level. So, it's not -- it's not like that -- they are restricted hours of use and we haven't had noise complaints from neighbors. Again, we have got residential at San Jose, at -- at Colorado Springs and Beaverton right up against the pools. Bernt: Follow up. Is it more of like a -- like a soft -- you know, is it -- I mean like -- Fassler: It's not heavy metal, no. Bernt: No. And I don't care -- Fassler: It's soft music. It's kind of actually -- Meridian City Council Meeting Agenda March 5, 2019 – Page 69 of 487 Meridian City Council February 21, 2019 Page 61 of 84 Bernt: I don't really care about the type of music you have. That's not my -- that's not my question. My question is the volume. Is it, you know -- Fassler: No, it's not -- it's not super loud and it's not -- it's not sort of a venue type, you know, auditorium type noise. It's just background noise. So, people can have conversations. It's not -- Bernt: Like spa music. Fassler: Right. But it's not -- it's not just instrumental. There might be some vocals or something there, but it's not -- Bernt: I get it. Fassler: Not quite elevator music. Little Roberts: Mr. Vice-President? Cavener: Council Member Little Roberts. Little Roberts: Thank you so much for being here and I do think this is a -- an amazing project, but one of my concerns is -- you keep talking about swim teams. Are those swim teams that are created within the membership? Because one of the things we have experienced in Meridian is a significant lack of pool space and don't always even have space for our high school swim teams to compete and I didn't know if this is an opportunity to help the residents in general or is it limited to membership only. Fassler: It generally is the membership, but we have facilities where we do have times that we use for local -- local swim teams as well. We offer -- we offer age group swimming, so there are -- there is lap swimming. The master swimming is in the morning. It's -- it's -- I think it's four -- it's five days a week in the mornings and, then, they have got I think two afternoon, noon time sessions. So, this is the primary session, the 5:00 to 6:00 a.m. time period for the master swimmers. We would be open to, you know, discussing -- you know, working with local community groups that have swim teams. Swimming is a great sport. I think everybody should do it. Little Roberts: Thank you. Cavener: Any other questions from Council? Michael, maybe you can -- you touched on this briefly. I will be real frank, I'm struggling a little bit with some of these requests, both the setback requirement and the timing. To me it's -- it seems like an either/or scenario, because little or not, this will impact the residents, your neighbors to some degree. I appreciate and applaud you trying to do everything in your power to minimize that and while I'm not one that faults the sound of children playing, apparently that's a concern of some of the neighbors around there . But can you talk to us about how critical and why the 4:00 a.m. and 5:00 a.m. and -- I do some of my best sleeping at 4:00 a.m. and 5:00 Meridian City Council Meeting Agenda March 5, 2019 – Page 70 of 487 Meridian City Council February 21, 2019 Page 62 of 84 a.m. I have a two year old, so it rarely occurs. So, talk to me about why those -- that extra hour is so critical, recognizing that as a community we have set these benchmarks because we feel that's what best represents the needs of our community. So, really help me understand why it's important that we -- we make that change. Fassler: Sure. So -- so, as I think Council Member Milan pointed out, that some of these gymnasiums are open 24 hours, like the Gold's Gyms is open 24 hours, so -- so, at the commission level opening from 4:00 a.m. to midnight, which actually restricted the hours we actually originally requested. We requested to be open to 1:00 a.m. So, it's not like we got what we wanted. We got something we could live with. And, then, as far as the outdoor swimming, it's really important, because the masters team, it's the only opportunity for the masters team to work out and especially to workout -- to workout, because the indoor pools are already programmed during those time periods. So , they are in use. So, they need to be outside to -- to allow them to compete and to -- to have them exist and right now the majority of the swim workouts for masters are during that time period. So, it's five -- five out of the eight practices are during that time. And, then, the rest of the time is programmed. Cavener: What is the master's program? That's -- Fassler: So, the Masters would be 18 and over. It would be lap swimming for 18 and over. Cavener: Okay. Great. Thank you. Fassler: Thank you very much. Cavener: Council? I think the best way to make sure that -- oh, staff. Do I need to come back to you? Any questions, concerns? I think we have learned that -- those that are here every week, the best way to keep me quiet is it to put me in charge. Things move a lot faster. So, Council, I will chime in with a couple of my thoughts and I shared them with Michael. I am struggling a little bit with -- with the requested time and, frankly, I'm -- I'm concerned a little bit about the -- the setback requirements. I think it's -- some selective math about if we are going to go from property line at one place to area of impact at the other. I don't know. At any rate, this is going to have I think some fairly big impact -- sound impact to some of the area neighbors and for me we are doing what we can to minimize that specifically at those early hours. That's something I'm more supportive of . But I think we are all in agreement. I haven't heard anybody say this is a terrible project. Quite frankly, I'm really excited about this. This is something that I would love for my family be able to participate. It's going to serve a great need in our central core for folks that don't have the ability to get to either the west YMCA or the South Meridian YMCA. I actually think that the access plans are a considerable improvement over what was initially planned. It may be a question for Lieutenant Leslie. I hate to put you on the spot. I can't help but notice, you know, that corner of Eagle and Ustick seems to be a Christmas tree lot or a Halloween festival spot. Have we received noise complaints from any area residents as a result of that, those operations? Meridian City Council Meeting Agenda March 5, 2019 – Page 71 of 487 Meridian City Council February 21, 2019 Page 63 of 84 Leslie: Mr. President, I can't -- I don't have the data in front of me to give you solid numbers on how many we have or have not. I don't recall any complaints from the neighborhood in regards to any noise complaints in reference to the Christmas tree lot that goes on that corner. There was a merry -go-round kind of thing there this year and I don't recall any -- any complaints specific to that. I could be wrong, but I don't recall any. Bernt: Mr. Vice-President? Generally speaking, I don't -- I don't have a problem moving the time period to 5:00 a.m. with lap swim only. It sounds like that's -- I just -- I just can't imagine a lot of activity that's going to be disturbing the neighbors at 5 :00 a.m. in the morning. I live -- I live really close to a pool, far closer than what this is in my neighborhood, and even in the middle of the day when our pool -- the neighborhood pool is chuck full of kiddos I still can't hear them and so I don't have a problem with the hours of operation. Just my two cents. Cavener: Appreciate that perspective. Milam: Mr. Vice-President? Nary: Mr. Vice -- oh. Milam: Go ahead. Nary: Mr. Vice-President, Members of the Council, if I could just add a couple things from the code. Not to be a buzzkill, but, you know, in looking at your code -- and there are some discrepancies here and we discussed this at our staff discussion earlier today -- that conflict and if -- depending on where the Council wants to go, I think you need to look at your code, because the provisions that we are talking about here -- all outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet from any abutting residential district. The Commission chose to -- to try to balance some reason in the 25 pages of -- of testimony and discussion you have, they were trying to balance that, but it does say districts and our districts are clearly defined in our code and they don't, but they are not talking about the house, they are talking about the edge of the district and also the residential recreation area is not just talking about the edge of the pool, like in this photograph, it's the area around the pool is the residential -- is the recreational area. So, if the -- the concern I have is there is the next one and that was amended in 2007. In 2005 it says no outdoor event activity center should be located within 50 feet of any property line and shall only operate between the hours of 6:00 o'clock at 5:00 a.m. So, that also neither one of those provisions has variance language in it. It doesn't say that with a CUP, because in the other section it does say in 11 -3A-13 -- and that's on the noise one -- 3A-13 says any outdoor speaker associated with the use shall be located at a minimum of a hundred feet from all residential districts, but those standards may be waved through approval of a conditional use. So, the code allows you to go through the CU process to alter the speakers, but it doesn't give the same language or opportunity as a CUP for these now. Again, Planning and Zoning used that criteria and made that determination and I'm not saying that was wrong, that was subject to review and that's what's here. They have asked you to review Meridian City Council Meeting Agenda March 5, 2019 – Page 72 of 487 Meridian City Council February 21, 2019 Page 64 of 84 it. Well, there is no specific language in the code that gives you the authority here, unless they request the variance, because there is nothing that grants that. If you believe the code is in error or needs to be amended or needs to be fixed , you can direct that -- the staff, as part of your consideration, but there is nothing in this section of the code that says you can simply waive it, which is what the applicant is asking you to do, just because 5:00 o'clock is better than 6:00 or a hundred feet to the edge of the house is close -- good enough. So, it doesn't say that. So, I would like you to at least look at that and consider your code in relation to what's being requested here, because it doesn't match what they are asking. Milam: So, you can't approve it. Nary: Again, subject to review. If you want to take the position that Planning and Zoning did you certainly can and it is subject to appeal. Thompson: Mr. President, I don't believe you have closed the public hearing. Milam: No, we haven't. Thompson: So, I would like to address this. So, I had some more pictures here that I -- I didn't get to, but I think it's on the definition of what an outdoor activity center is -- is a spa pool environment and outdoor activity center I think is up for discussion and so I -- I just grabbed some pictures from Google Earth of different park environments or pool environments in the -- in the City of Meridian and how close those are in proximity. So, at Fuller Park you can see a baseball diamond is right next to a residential district. The same thing as at Settlers Park, you have the -- the outfield area here is adjacent and I think the things that you will see in both of these is that there is -- I don't know if that's a public street. This one definitely has a public street where there is a -- there is a public right of way that's in between the two uses and, then, just your -- your various neighborhood pools, those are -- are those activity centers? They are in the middle of most subdivisions of -- this was Saguaro Canyon and, then, this one's Heritage Park. So, I think it's just an interpretation of what is an activity center and -- and we have extenuating circumstances with being able to mitigate those . They are unique in that we can -- we can mitigate with -- with things that it may not be a solid cover and that's the way that the code reads is that it needs to be fully enclosed, but those do provide quite a bit of -- this is the other one -- of noise cancellation and -- and catching that before it gets to the property line. One other interesting thing is I was actually the one that did the 2005 development agreement, so I have a long history with this site, just total coincidence with -- with another client coming in the door, but at that time when I had the neighborhood meeting is right after the Lowe's had opened and those neighbors were invited to our -- our site and so it was a good opportunity for me to talk to them about, you know, you thought Lowe's was going to be the end of the world as you knew it when you -- those neighbors just to the west of that and it was interesting that they came back and they were like you wouldn't believe how that building has helped our sound control , because Eagle Road -- the ambient noise level on Eagle Road is high, very high. In fact, I was walking that site not too long ago, because of the ditch tiling and walking out there with Meridian City Council Meeting Agenda March 5, 2019 – Page 73 of 487 Meridian City Council February 21, 2019 Page 65 of 84 our civil engineer and we could hardly have a conversation it was so loud. I mean we are like, uh, what, you know, type of thing. And putting a nice big building is going to be -- exactly what the people from across the street, kitty-corner for the Lowe's, is it is a sound mitigator and we are talking about a seasonal use and -- and -- and we can mitigate several different ways. We have one other thing here with these -- with plantings as well that are along this property line in this location and that's really all we are talking about. This is a very, very, very small area that we are talking about that -- with using different methods, with landscaping and with those umbrella canopies, I think we can -- we feel confident that we can mitigate any sound concerns. Cavener: Tamara, I guess just -- just to your point, I believe both Fuller Park and I know Settlers Park were both developed and designed and construction began on both long before the residential components came on board and I think your examples of the pools and Saguaro Canyon and it looks like maybe Paramount, those are -- those are pools. I think those aren't necessarily an outdoor activity center, that's a -- that's a swimming pool and I think that those uses are much different than what's contemplated in the application before us. For what it's worth. Just one person's perspective. I think it is important to note that the parks come on board long before those neighborhoods. I know especially with Fuller and Settlers and I do think that there is a much larger difference between a neighborhood pool facility that we -- in terms of how we are -- at least how I would look at the code. So, I appreciate that added perspective, but you asked the question, I think it's important to at least owe you that response. Thompson: And -- and that's -- that's valid. It's -- I think it's important to note that there is open space and a public road between the two and traffic on that public road, you know creates that as well and that we are asking to the residential property line, instead of the residential district, which is -- which is up there. Cavener: While Tamara is up here, any questions? Milam: Well, yeah. Oh. And, Tamara, right now I just think that -- but we are really -- what we are talking about now is legally what can we do based on code. More than -- and include -- to your point, Mr. Vice-President, the difference between what they are asking for and a neighborhood pool, this is an adult -- the adult only pool. So, this isn't, I don't think, going to be a loud -- it would be a lot different if it was the kid area pool, but that one's already further -- a distance from all of the homes. So, I don't even see that as an issue. Palmer: Mr. Vice-President? Cavener: Let's -- I told Ms. Allen that I would come to her. Sonya. Allen: Thank you, Mr. Vice-President. Just clarification on one thing and a question on the other, Tamara, if you just stay here for a second. Clarification on the areas that Tamara spoke about next to residential areas. The difference with this is it's a specific use standard associated with a recreation facility type of use. So, it's a little different in -- Meridian City Council Meeting Agenda March 5, 2019 – Page 74 of 487 Meridian City Council February 21, 2019 Page 66 of 84 when we have like park uses and stuff, we don't have those separation requirements. So, while I don't disagree the outcome is pretty similar, that's the difference anyway in this case. I do have a question indirectly for the applicant through the Council. The applicant spoke of the turf area on the east side of the structure. It appears from this picture that it's like possibly a children's play area. So, if that's the case, staff would consider that an outdoor activity area. So, just maybe clarify that and -- and make sure whatever you decide on that is very clear in your decision. Thank you. Cavener: All right. Care to respond? Thompson: Absolutely. Mr. President, Members of the Council. It is an outdoor play area. It wouldn't be unlike what you would see at a daycare and I would ask staff through Council if -- if daycares are considered the outdoor activities centers and I don't believe they are. Allen: Mr. Vice-President, Council, daycares are allowed as an accessory use to this use, but I would consider it out outdoor activity center. If Council has a different direction on that, that can certainly be included in the -- in the findings, but -- Milam: Mr. Vice-President? Cavener: Yes. Milam: Tamara -- oh, sorry. Cavener: Traffic cop here. Council Member Palmer, and then, we will come back to you. Palmer: The only reason I'm going to go with that is because on the exact same topic there is at least one church on Meridian Road that has an outdoor playground structure within 80 feet of a house. Cavener: Council Woman Milam, question for the applicant? Milam: Tamara, so I was under the impression that this was like for people that wanted to go workout using -- they would workout outside. Is this going to have a playground on it or is it just grass? Thompson: Mr. President, Councilman Milam, it is both. It's -- it's turf, so it's not -- it's fake grass. Milam: Okay. Thompson: That you see that's green, that's the fake grass. But it does have a play area closer to the building. Milam: Okay. That's better. Meridian City Council Meeting Agenda March 5, 2019 – Page 75 of 487 Meridian City Council February 21, 2019 Page 67 of 84 Thompson: So, there is like -- there is a little play area, some things to climb on and, then, you can see the little -- the foursquare things here. So, those are -- those are closer to the building and those are -- are well outside of that hundred feet but the entire area can be used by adults. They can go out there and lift some weights if they want to do -- do weights outside. But it -- but it can also be used for the kids. You saw that one where they had like the little -- the picture, if you remember, the -- Milam: The parachute? Thompson: The parachute, yeah, if you saw that, that was not -- so, I guess I'm a little confused, because I recently came through with the St. Ignatius School as part of the -- I'm blanking on the name of the church. Cavener: Holy Apostles. Thompson Holy Apostles. Yes. So, you know, that had outdoor activity fields and sporting fields that go along with the school and -- and -- and these types of setbacks were not brought up as part of those either, so -- so, I don't know, just -- if it's a city park, it's fine. If it's a daycare, it's fine. If it's a public school or a private school, it's fine. But when we get to -- to these and -- and we have -- there were -- they are in separation, it's not -- I think that -- from when I read that it's almost like when you're abutting up to a residential district that you have backyards adjacent to you and we are talking about side yards. All of these are side yards and there is roughly two houses there and both of those to their property line is over a hundred feet away. So, we would like your approval tonight. Thank you. Palmer: Mr. Vice-President? Cavener: Any other questions for Tamara? Mr. Palmer. Palmer: I think going off of what Mr. Nary said that I think we have found sufficient evidence that -- to justify -- cover us and -- if we choose to -- if this Council would like to grant that, that we could while doing what he said, directing staff to look at fixing code to meet what was at least my thought of the intent -- more of a residence than a residential district, to not only allow for this, but the numerous other times in which it's happened. Just a discussion, not a motion. Bernt: Mr. Vice-President, just one quick question for Bill before we make a motion. So, Bill, we -- would we have to amend or change the code presented in 2.1A and 2.1D in order to approve these -- you know, to approve these modifications? Nary: Mr. Vice-President, Members of the Council, Council Member Bernt, so I guess what I was just trying to get to is there are some discrepancies in code and there was an interpretation by the public -- or by the -- Bernt: Commission. Meridian City Council Meeting Agenda March 5, 2019 – Page 76 of 487 Meridian City Council February 21, 2019 Page 68 of 84 Nary: -- by the Planning and Zoning Commission to interpret district based on the residence and I agree that that is an option they can choose , which they did. It's still subject to appeal to you. Your decision is subject to appeal to a district court. If you feel that there are discrepancies in code that need to be addressed and the way to address them you can do it one of two ways. You can direct that -- that the staff go back and amend the code and bring code amendments forward and this project needs to wait until that's completed, but that will take a number of months. Secondarily, you can -- you can move forward based on your interpretation of the code and that's what -- the intent of the code and that's what you -- that's what you believe the code means as -- as the body and direct staff to, then, subsequently follow up with that. It is subject to appeal. I can't tell you that that, by itself, a court may have concern with. They may. Like I said, there is one provision here that is allowed through the CUP process. There is another provision here that could be allowed through a CUP process, but the code doesn't grant that ability right now and the interpretation of where this district boundary is -- is -- is a decision you can make interpreting your own code and it -- and, then, subject a review by a court, they could say, no, that was beyond your authority to do. So, it's a little messy. Again, if they had asked for a variance that would be different. That's another option. You can ask for a variance. That's a process. It would come back to you directly. It does take some time. But as you recall in other applications a variance has three specific findings you must make to grant a variance. One, it's not a special right that is not granted to anybody else. It is based on the unique characteristics of the site, which is usually where you have most of the discussion about and it's not a special privilege or grant -- I can't recall the last one, so -- but, anyway, that's an option is they could always ask for variance, because these aren't dimensional standards and variances are meant to -- to address dimensional standards and whether you want to vary those. So, you either grant the CUP, you require them to do a variance and come back or you interpret the code as this body would like to see what you think the intent of the code meant and grant that with direction to clear up the code, but that might be subject to review. No easy answers. Cavener: Council, what do you want to do? Little Roberts: We have someone who would like to -- Cavener: So, Mr. Vrba, you're welcome to come up for a brief comment, if there is any clarification. You got to be up here on the microphone. I'm just going to let you know that the applicant always is going to get the last word and then -- Vrba: Understand. The one question I had is if they would move their swimming pools from this area here, down to here, the variances -- we won't have to worry about getting anything changed. They -- the gentleman back here, he mentioned about shadows. 5:00 o'clock in the morning there is shadows outside. 10:00 o'clock at night are there shadows out there? That's all my point was. Cavener: Thank you, Mr. Vrba. I appreciate it. The applicant gets the last word. Any last comments? Meridian City Council Meeting Agenda March 5, 2019 – Page 77 of 487 Meridian City Council February 21, 2019 Page 69 of 84 Thompson: Mr. President, Members of the Commission, the cross-access point that we have is -- is at this location and dimensionally it doesn't fit in that area. I guess just listening to your conversations and the looks on your faces on how to -- how to get things -- we -- we didn't ever discuss the variance process with the -- with city staff. If there is a way to approve a condition to coming back for a variance, I guess, or -- I mean if that's something that you want to do, we are happy to do that. We would like to get it to be interpreted differently tonight, but if you want us to get a variance I -- the meeting -- making the findings for the three are probably something we can do. Cavener: Any questions for the applicant, who has been up here for the third time. Or the fourth time. Palmer: Mr. Vice-President? Cavener: Council Member Palmer. Palmer: Yes. Question and, then, kind of some comments on the various -- the variance issue. So, with the -- the private streets, is there any -- how does that work? Will you always be able to have access for your customers on those private streets or is it kind of subject to whoever owns the streets doing what they want to do with it? Thompson: No. There is a recorded document for -- for cross-access and just so you know, Centrepoint Way is exactly the same thing, it's not -- it's not deeded to ACHD, it is via easement. That allows this -- so, it's kind of a tit for tat, if you will, that they needed a second point of access for fire code, because they were over the -- the number of units that they could have for one access point to Eagle Road and so they came to the property owner -- and I know this stuff, because I have a long history here. But they asked for cross-access to get to Centrepoint Way and to get to -- well, to get to Ustick Road. It was before it was called Centrepoint Way and so it was like, sure, we will give you this, but in exchange we want this and so both of those -- it was a tit for tat, if you will, at the time and those are recorded easements that cannot be taken away. Palmer: Mr. Vice-President? Cavener: Mr. Palmer. Palmer: It answered the question for me. My concern was I didn't want somebody cutting that off and, then, everybody has to come on and off of Ustick, you know, to have that access to Eagle I think is vital. When it comes to the variance issue, while it may end up being easier for -- in this particular case my concern with it is by doing that, then, we validate that code as it is written and would appear without considering any other factors, would be the way it should be, despite the fact that there is multiple other cases in which that was not the case. I think if this Council believes that the intent should be to a residence necessarily, instead of a residential district, that whether we approve or deny it based on that, we can determine on -- on the project itself, but I think if we went the variance route it justifies that, but if we assume intent and, then, work to fix it later, then, Meridian City Council Meeting Agenda March 5, 2019 – Page 78 of 487 Meridian City Council February 21, 2019 Page 70 of 84 we validate all the other previous decisions that have been made in similar situations. That was just a comment. Cavener: Any other questions for the applicant? Bernt: Mr. President? Cavener: Council Member Bernt. Cavener: Or Vice-President. President. Vice-President. Presidente. Whatever. I -- I love this project. I think this project is awesome. I think it's different. I think it's pretty outside the box for this area. I do not have a concern with the demographic of folks that will be frequenting this -- this facility -- this business. I think it fits well. I don't have any complaints about it at all, actually. I think it's fantastic. My only concern is after listening to what our code is, I'm the -- I'm the novice member of this group. I learn every day. Learn every week. And I learned something this evening and I would be in support of continuing this to allow the applicant to go through this process in the proper way and I believe that that would be through a variance. So, I -- that would be my thought process. Cavener: Thank you, Councilman Bernt. The public hearing is still open. Is there a ny other comments, questions? Mrs. Little Roberts? Sorry. It looked like you were reaching for you mic. Little Roberts: Mr. Vice-President. I tend to agree with Councilman Bernt. I think this project is great. I am concerned about the -- the distances and I believe that probably a variance would be the next step. That's -- my only concern is it just -- we have got -- just don't quite have enough space to sort of adjust that or to address that correctly -- to me is really critical. Milam: Mr. Vice-President? Cavener: Council Member Milam. Milam: Bill, would that be -- would that be your recommendation? If we want to approve this project what would be the best way for us to do it between -- Nary: Mr. Vice-President, Members of the Council, Council Member Milam, it would be cleaner, in my opinion, to have a variance discussion and hear -- you have to have a public hearing. There is a process to go through that. Because your code doesn't have the language to simply -- to clearly just do what you appear to want to do as a -- as a Council. You can do it. There is risk. There is less risk with a variance. You can also -- and I don't know if this answers Council Member Palmer's question, but you can also direct, after this variance, that the staff review this code and look at altering it, so that either a CUP could be done or it's based on the residential structures, not the residential district. So, you can direct that as well, even with whatever your decision is. But a variance is cleaner. They -- legally both are subject to review, but the variance has Meridian City Council Meeting Agenda March 5, 2019 – Page 79 of 487 Meridian City Council February 21, 2019 Page 71 of 84 specific findings. If you can make those specific findings on a review it's a little bit cleaner to deal with in district court. Thompson: Mr. President, Members of Council, the -- I was just talking with staff about the checklist for a variance and it -- it does require another neighborhood meeting, which seems kind of redundant when we have met with them and, then, we have had Planning and Zoning and City Council. So, my -- my understanding is that the Council review was the same, I guess, as a variance, where we were asking you to review the various code sections and so my mistake if -- if we did that incorrectly, but we did notice everything again. We reposted the site. So -- I don't know. To go back to the neighbors and have another neighborhood meeting, when I feel like they all know what's going on -- maybe if we do the variance. I don't know if you have the leeway to -- to waive the neighborhood meeting, since -- since we have gone through it, you know, in -- in public hearing forum -- forum. Nary: I can answer that. No, you can't. Palmer: Mr. Vice-President? Cavener: Council Member Palmer. Palmer: How long does that process take, a variance? And how -- yeah. How long would the variance process take? Or what's the fastest that we could change the code? Nary: Mr. Vice-President, Members of the Council, Council Member Palmer, the fastest to change the code is about four months, maybe five, because there is -- it has to go through Planning and Zoning. A variance is only going to come back to you with -- you have seen -- oftentimes you will have a modification of a development agreement with a variance attached to it, so you will hear them both at the same time, but I -- there is a neighborhood meeting requirement, there is a noticing requirement. Another reason why -- I wasn't trying to sound flippant, Ms. Thompson, we can't waive it because you have to actually notice that you're hearing a variance and we didn't notice that. We noticed essentially a review of the CUP decision. So, I think 30 days, but Sonya has the mic, I think she knows better than I do. I think 30 days is probably the fastest we could have that. Cavener: Okay. Allen: Mr. Vice-President, Council, usually it's four to six weeks when we get an application into the office and the time we can get it scheduled on a public hearing and do our noticing and everything. I would concur. I heard someone mention earlier that possibly the Council review and the development agreement modification application should be continued to run concurrently with the varian ce application. If that is the applicant's intent to submit a variance application, I would recommend that you do so just so that the record is clean on all of these items. Side note. The Council review application does contain some things that won't be covered under the variance, but we can just Meridian City Council Meeting Agenda March 5, 2019 – Page 80 of 487 Meridian City Council February 21, 2019 Page 72 of 84 handle that all at a later date if you would like. The hour -- and just another -- just another note, the -- the hours of operation aren't really a variance request item and the specific use standards limit those for outdoor recreation areas from 6:00 a.m. to 11:00 p.m. So, there is really no -- no variance on those hours that could be approved. So, thank you. Little Roberts: Mr. Vice-President? Cavener: Council Member Little Roberts. Little Roberts: A clarification for Sonya. So, even if we wanted to change the hours for the outdoor pool, we don't have the authority to do that; is that correct? Allen: Mr. Vice-President, Council, you do not, no. It's a specific use standard in the UDC. Little Roberts: Thank you. Milam: Mr. Vice-President? Cavener: Council Member Milam. Milam: Sorry, Sonya. Now we are all confused I think. But that was part of the Planning and Zoning's recommendation, was it not? Allen: Mr. Vice-President, Council, Councilman Milam, it was a specific use standard that was included with the conditional use permit conditions. They limited the hours from 6 :00 a.m. The applicant is requesting for an earlier hour of 5:00 a.m. 5:00 a.m. is not allowed per our code. Milam: So, no matter what we want to do we can't do that. That's for the outdoor use only. Allen: Outdoor use only. Uh-huh. Cavener: Council Member Bernt. Bernt: Are we ready to make a motion to continue maybe? Cavener: Council Member Bernt, the public hearing is still open, so if your -- it's your intent to continue the public hearing, then, that's appropriate. Bernt: Mr. Vice-President? Cavener: Councilman Bernt. Meridian City Council Meeting Agenda March 5, 2019 – Page 81 of 487 Meridian City Council February 21, 2019 Page 73 of 84 Bernt: I move that we continue the public hearing for VillaSport, H-2019-0011 and the MDA H-2018-0121 to give the applicant an opportunity to discuss a variance -- variances in association with their -- with their application and maybe to give them time to further discuss maybe some other options in regard to their application that would fit within our code if needed. Little Roberts: Second. Cavener: Motion and a second. Any discussion? Palmer: Mr. Vice-President? Cavener: Council Member Palmer. Palmer: It's almost 10:00 o'clock and we have read a proclamation. That's as much business as we have completed today. I -- it makes this job so hard when we do so much continuing. I wish that we could just -- I mean we talk so much about trust the process, trust Planning and Zoning, trust the committees, I think that they made -- they made the right decision and I think that we would be safe even if there were to be -- I mean everything is -- is subject to legal review and a suit, but I think that there is precedent enough to show that this was the intent and this is what's been done and this is how it should be done and, then, work on fixing the code. Just wanted to say that, so that we can now continue this and not get anything done. Cavener: Thank you, Mr. Palmer. Councilman Bernt, I didn't hear -- and maybe I missed it. Did you -- did you pick a date for it to be continued? Bernt: Would there be a recommended date from staff or from -- okay. Allen: Staff would recommend April 2nd. That should give the applicant adequate time to get the application together and for the city to notice the project. Bernt: Then I would include in that motion, if the second would agree, to continue the public hearing to April 2nd. Palmer: Mr. Vice-President? Cavener: Council Member Palmer. Palmer: I don't know actually how to -- well, yeah, okay. So, as a substitute motion I move that we close the public hearing on item -- that we are on. 9-C. Bernt: Mr. Vice-President, I -- Cavener: One second, Council Member Bernt. There is a motion. Is there a second? Meridian City Council Meeting Agenda March 5, 2019 – Page 82 of 487 Meridian City Council February 21, 2019 Page 74 of 84 Milam: Second. Cavener: Motion and seconded. Now is there discussion? Council Member Bernt. Bernt: We are voting on my motion; correct? Cavener: That's -- we have a substitute motion to close the public hearing. Yours is the original motion. Right now the motion that is before the City Council is to close the public hearing. Bernt: With all due respect, I -- Mr. Vice-President? Cavener: Uh-huh. Bernt: I believe when -- when we get into substitute motions and alternate substitute motions we are getting into the weeds and it gets really confusing, especially in the public record. I would recommend that we give my vote in option and -- and vote on my motion and if this body believes that they don't agree with my motion, then, they can deny it and, then, we can further discuss what Mr. Palmer is recommending. Cavener: Comments are well received and appreciated. Nevertheless, we do have a substitute motion on the table. Any further discussion? The motion is to close the public hearing. Mr. Coles, I don't need a -- I don't need a roll call for that. All in favor say aye. Palmer: Aye. Milam: Aye. Cavener: All opposed say no. Bernt: No. Little Roberts: No. Cavener: Chair is a no as well. Motion fails. MOTION FAILED: TWO AYES. TWO NAYS. VICE-PRESIDENT NAY. Cavener: The original motion, which is to continue the public hearing is on the table to April 2nd. Any further discussion? All those in favor of continuing the public hearing to April 2nd say aye. Bernt: Aye. Little Roberts: Aye. Meridian City Council Meeting Agenda March 5, 2019 – Page 83 of 487 Meridian City Council February 21, 2019 Page 75 of 84 Cavener: Any opposed? Palmer: No. Milam: No. Cavener: Chair is an aye. We are going to continue this meeting to April the 2nd, 2019. MOTION CARRIED: THREE AYES. TWO NAYS. Cavener: The public is here. See you back then. Applicant, see you back on April 2nd. Folks, we -- Council has been here since 5:30 and I need to use the restroom and that will give the applicant maybe an opportunity to converse with staff. So, Council, with your permission we are going to go ahead and take a break and we will be back at 11:00 o'clock -- or, excuse me, 10:00 o'clock p.m. Sorry, folks. 10:00 o'clock p.m. We will see you in ten minutes. Thank you. (Recess: 9:50 p.m. to 10:05 p.m.) E. Public Hearing for Oaks North and South (H-2018-0117) by Toll ID ILLC , Located on the North and South side of McMillan Rd. between N. McDermott and N. Black Cat Rds. 1. Request: A Development Agreement Modification to modify the overall boundary of Oaks North and Oaks South development and update the zoning district boundaries, the concept plan and modify/remove certain provisions of the agreement that are no longer relevant to the project F. Public Hearing for Oakmore Subdivision (H-2018-0118) by Toll ID ILLC , Located near the intersection of W. Gondola Dr. and N. Black Cat Rd. 1. Request: Rezone of 7.39 acres of land in the R -15 zoning district to the R -4 zoning district; and, 2. Request: Preliminary Plat consisting of eighteen single family residential lots on approximately 7.29 acres in a proposed R- 4 zoning district G. Public Hearing for Oakwind Subdivision (H-2018-0119) by Toll ID ILLC , Located near the intersection of N. McDermott and W. McMillan Rds 1. Request: Rezone of 16.52 acres of land from the R -15 and R -4 zoning districts to the R -8 zoning district; and, Meridian City Council Meeting Agenda March 5, 2019 – Page 84 of 487 Meridian City Council February 21, 2019 Page 76 of 84 2. Request: Preliminary Plat consisting of 82 single family residential lots and 7 common lots on approximately 16.52 acres of land in a proposed R-8 zoning district Cavener: All right. So, next on our agenda is 9-E, a public hearing for Oaks North and South, H-2018-0117. Council, this application has been requested be continued to April 16th, 2019. Mr. Coles, staff, anyone want to give us just a quick synopsis as to the reason for the continuance? I assume it's for both E, F and G? Leonard: Mr. Vice-President, yes, that's correct. The applicant is requesting continuance on all three items because they are reconsidering what they are going to do with the land for one of the subdivisions, which would kind of affect the modification of the development agreement as well. So, if they don't change the zoning, they don't really -- or if they decided to keep it the multi-family concept that they originally had been approved for they don't need of the modification development agreement. So, they are all kind of inner working anyway. Cavener: I don't think anybody's here to testify. So, Council, what would you like to do? Palmer: Mr. Vice-President? Cavener: Mr. Palmer. Palmer: Mr. Nary, can we do them all at once or do we have to do them individually? Nary: You can do them all. Palmer: I move that we continue Items 9-E F and G to April 16th, 2019. Milam: Second. Cavener: Motion and a second. Any conversation, discussion? Parsons: Mr. Vice-President, sorry to interjected. It's Bill over here. Cavener: Yes, Bill. Parsons: On the hearing outline we did indicate whether or not you wanted us to have the applicant pay a renoticing fee because of the -- the amount of time the continuance was going to be for the two months extension , so it's -- it's certainly up to your purview, but we just brought that to your attention in the hearing outline this evening and just want to make sure if you wanted that included as part of the motion or not. It's your pleasure. Cavener: Motion maker? Meridian City Council Meeting Agenda March 5, 2019 – Page 85 of 487 Meridian City Council February 21, 2019 Page 77 of 84 Palmer: They all pay a lot of money that we have a lot of excess revenue. I think we are covered. They don't need to pay anymore. Milam: Mr. Vice-President? Cavener: Council Member Milam. Milam: A precedent -- anytime that we do a continuance that needs to be renoticed and it's the -- the decision or the fault of the applicant, the applicant traditionally pays for those renoticing. If it's an error or something that the city causes, then, we pick up the tab. So, I don't -- I don't feel like we can just pick and choose which ones we do that on and which ones we don't. Cavener: I see the motion maker wiggling his hands, which tells me I think he's going to revise his motion. Palmer: Yeah. Let's do that so we can move on. I move that we continue these items and require that they pay for it -- for the renoticing. Cavener: Second agrees? Milam: Second agrees. Cavener: Great. Motion and a second. All in favor of continuing this to -- Items E, F and G to April 16th say aye. The chair is an aye. Council Member Bernt is currently absent. MOTION CARRIED: FOUR AYES. TWO ABSENT. Milam: Sorry you had to wait until now to find out. I was looking at this going we really should have moved you up, but maybe you just had a really nice entertaining evening. Maybe you learned something for when -- when it's your turn. H. Public Hearing for Avebury (H-2018-0141) by AD800, LLC, Located on the North side of E . Pine Ave. West of N. Locust Grove Rd. 1. Request: City Council Review for the purpose of extending the expired plat to allow a 6-month extension to obtain City Engineer’s signature on the Avebury Subdivision final plat; and 2. Request: Modification to the Final Plat to depict 3-foot PUDI easements on the east interior lot lines and propose a zero lot line between Lots 14 and 15, Block 1; and Meridian City Council Meeting Agenda March 5, 2019 – Page 86 of 487 Meridian City Council February 21, 2019 Page 78 of 84 3. Request: Modification to an Existing Development Agreement to allow for the construction of an attached single family home on Lots 14 and 15, Block 1 Cavener: Item -- next up is Item 9-H, public hearing for Avebury, H-2018-0141. I will also notate for the record that Council Member Bernt has joined us. We will begin this item with staff comments. Stephanie. Leonard: Thank you, Mr. Vice-President, Members of the Council. The last project before you this evening is for a final plat modification, a development agreement modification and a miscellaneous application for a six month time extension -- extension, excuse me, on the expired plat. The site consists of 2.6 acres of land . It's zoned R-15 is located at 800 East Pine Avenue. In 2015 the property was rezoned from L-O to R-15 and was entered into the subject development agreement. A preliminary plat for 15 single family residential lots and five common lots was approved at that time. In 2016 a final plat for 14 single family residential lots and four common lots was approved. In 2017 a modification to the final plat was to accommodate additional storm water drainage as required by ACHD was approved. The city engineer's signature was not acquired during the -- before the expiration date, which was in September of 2017. The originally approved plat was configured with onsite drainage incorporated into seepage beds. On preparing for construction the applicant discover the groundwater level is too high for seepage beds and ACHD required the applicant to install a storm water drainage swale on the eastern boundary of the site . As a result building lots have increased -- or decreased by one. A zero lot line has been depicted on Lots 14 and 15, Block 1. Over here. And city easements have been decreased from five feet to three feet on the western side of lots to accommodate the space needed for the swale required by ACHD. Because of these changes the applicant requests the final plat modification to vary from the original configuration and a DA modification to allow for a single family attached home. Additionally the applicant requests a miscellaneous application to ask for a six month time extension on the already expired plat. The code does require the city engineer's signature or a time extension be submitted prior to the expiration of a pl at. In this case that date was September 7th, 2017. The delay in acquiring the city engineer's signature was due to the applicant working to accommodate ACHD's requirement. Site improvements, including utilities and landscaping have been completed on the site and a storm water swale has been approved by ACHD. Staff is amenable to the applicant's request, since the proposed plat has the same number of buildable lots and common lots. If approved the applicant will be required to submit a design review application for the proposed attached home and the remainder of the homes will have to comply with the exhibit that was in the original development agreement. With that staff is approving this application with the conditions in the staff report and we will stand for any questions. Cavener: Okay. Thanks, Stephanie. Council, any questions for staff? Great. Would the applicant like to come forward. Appreciate your patience with us tonight. Try moving to the other mic. Yeah. Meridian City Council Meeting Agenda March 5, 2019 – Page 87 of 487 Meridian City Council February 21, 2019 Page 79 of 84 Breckon: Jon Breckon. Breckon Land Design. 6661 Glenwood in Garden City. Mr. President, Members of the Council, yes, we are looking to -- this project was previously approved and a good portion of it has already been constructed. We ran into some issues with the drainage and just due to the -- it's just a challenging site -- for site groundwater and we had it designed and approved with the seepage bed on that easterly lot. There is the Five Mile Creek directly to the south and, anyway, during construction the groundwater proved higher than what was reported in the original geo te ch report and so we had to work with ACHD to accommodate that drainage there and this is the solution we have come up with and has been approved by ACHD by providing that swale there on the east and, you know, just the spatial constraints of -- of this site what we came up with is to have a zero lot line there. That's -- that's kind of it. I will stand for questions. Cavener: Thank you, Jon. Council, any questions for the applicant? All right. Mr. Coles, anybody signed up to testify? Coles: Consulting the list, Mr. Vice-President, that is a no. Cavener: I don't see anybody else here. Nary: Mr. Vice-President? Cavener: Mr. Nary. Nary: Mr. Vice-President, Members of the Council, just to give you some background on this section of the code, because it does say specifically they are supposed to apply prior to the expiration. We have on some occasions allowed for this type of application post - expiration. Not quite as long as this, but if -- if it is the desire of the Council to grant it, I think you would want to at least reiterate some of the findings -- or reiterate some of the challenges as your findings for reason for branding it , so that we still can adhere to the code. Like I said, we have had occasions where we have allowed it. This one is a lot longer than most. Most have been within one or two months, not a year and a half , but there are extenuating circumstances and events. If that's the Council's desire at least make that part of your record, so that we can at least make sure that people do adhere to this. We have changed it to make it easier for people, so we want to make sure we don't really eliminate it by that. Parsons: Mr. Vice-President, just to echo on Mr. Nary's sentiment. I was going to chime in and speak to you, but I think from staff's perspective we want to just get clear direction from this Council, this body, as whether or not you want us to even come forward with any additional miscellaneous applications. As Mr. Nary alluded to, this is the third one. It's not the mechanism that we have in place in the code to extend subdivisions, that really is the time extension process. Again, these are some circumstances that kind of were out of the control of the applicant going back and forth with A CHD. So, again, we made a third concession to make that happen. But I think we don't want to set a precedent that we are going to be doing these miscellaneous applications to keep plats alive as they Meridian City Council Meeting Agenda March 5, 2019 – Page 88 of 487 Meridian City Council February 21, 2019 Page 80 of 84 expire. The intent is if they expire you start back over through the process and go through Planning and Zoning and this body once again. Just some history on that for you. Cavener: Bill, I appreciate that and I agree with you. The hardest challenge is to be able to demonstrate, you know, they are currently -- they are working, you know, you guys were trying to get some issues resolved with ACHD, as opposed to just sitting and -- oh, our time's up, we are back. So, again, I'm in support of kind of staff's comments and that we have got some real validity that the applicant is working to resolve some outstanding issues. Just my perspective. Milam: I agree. Palmer: Mr. Vice-President? Cavener: Council Member Palmer. Palmer: You guys should be scared to death that I'm going to make any motions right now. Cavener: You don't have a great record. Palmer: I know. And over three years that I have been here the majority of my motions have been denied and a hundred percent of them tonight. So, with that I move we close the public hearing on Item 9-H. Milam: Second. Cavener: Motion is moved and seconded. Any comment? To close the public hearing. Bernt: Maybe a substitute motion. I'm just kidding. Cavener: You guys are really trashing me tonight. Milam: Do you want to continue this? Bernt: That was a bad joke. I apologize. Inappropriate. Cavener: The motion is to close the public hearing. All in favor say aye. The chair is an aye as well. MOTION CARRIED: FIVE AYES. ONE ABSENT. Palmer: Mr. Vice-President? Cavener: Mr. Palmer. Meridian City Council Meeting Agenda March 5, 2019 – Page 89 of 487 Meridian City Council February 21, 2019 Page 81 of 84 Palmer: I move that we approve H-2018-0141, understanding that the extenuating circumstances surrounding the fact that there were additional challenges found post approval and that we have done this similar thing in the past when there has been awkward situations that need just to be dealt with to get something done and done right and given that there has been no public problems or objection to doing it, we approve it as presented. Milam: Second. Cavener: It's moved and seconded. Council Member Palmer, would you feel comfortable in your motion specifically citing that the applicant was working with A CHD to address those issues? They were working with another outside agency as part of those external circumstances. Palmer: Certainly. And, Mr. Nary, is there anything else that we should be citing as reasons? Cavener: Is that sufficient for staff as well? Nary: Yes. Cavener: All right. Motion to approve has been moved and seconded. Are we going to do a roll call on this one, Mr. Coles? Coles: Yes. Cavener: All right. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Parsons: Congratulations. Item 10: Department Reports A. Fire Department: Grant Beneficiary Agreement with Ada County Emergency Management [Action Item] Cavener: Thank you all for your patience tonight. All right. Item 10, Fire Department Grant Beneficiary Agreement with Ada County Emergency Management. Bongiorno: Mr. Vice-President, if it's all right with you I will stay right here for sake of time, because I know everybody's wanting to get out of here. What we have before you is a request for a grant to have the Mayor sign it. It was a countywide grant that was issued Meridian City Council Meeting Agenda March 5, 2019 – Page 90 of 487 Meridian City Council February 21, 2019 Page 82 of 84 to multiple fire departments and Ada County EMS for 30 ballistic vests and 30 fanny packs with three sets of stop the bleed type items in the fanny packs in case there is some sort of mass -- mass casualty event. So, there are 30 level A -- level 3A ballistic vests. We have got enough in the grant to do all six of our fire stations and have some spares as well. That's about all I have. If you guys have any other questions. Cavener: Council, any questions of the chief? All right. We do need a motion. Little Roberts: Mr. Vice-President? Cavener: Council Member Little Roberts. Little Roberts: I move we accept the Grant Benefit Agreement with the Ada County EMS. Milam: Second. Cavener: Moved and seconded. Any discussion? Just -- chief, just a question. I assume that, then, comes with a later budget amendment for the spending authority piece? Bongiorno: I don't believe so. I think all we need is the Mayor's signature. Mr. Nary? Nary: Mr. Vice-President, Member of the Council, I think they actually provide us with the equipment. There is no -- Bongiorno: They are just giving this -- Nary: So, there is no budget. Bongiorno: There is not budget. Yeah. They are giving us the equipment. Cavener: Okay. Great. Bongiorno: It's just the Mayor needs to just sign to approve the agreement. Cavener: All right. Mr. Coles, roll call vote. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Police: Office of Highway Safety Mobilization Grant Budget Amendment Not to Exceed $32,500 (Net Zero) [Action Item] Meridian City Council Meeting Agenda March 5, 2019 – Page 91 of 487 Meridian City Council February 21, 2019 Page 83 of 84 Cavener: Thank you. Cart before the horse. All right. Item 10 -B, Police Department Office of Highway Safety Mobilization Grant Budget Amendment for a not to exceed amount for 32,500 dollars. It looks like it's a net zero. Leslie: Mr. President -- Mr. Vice-President, I guess, and City Council, I was going to ask for a continuance, but we are on a roll, so I think I will go with this one. This is the money we get from the Office of Highway Safety. We use it for mobilization grant -- or overtime for DUI enforcement, aggressive driver campaigns, seatbelt law violations, those type of stuff. We get every year. This is the tenth year I think we have received it. Cavener: Any questions? Palmer: Mr. Vice-President? Cavener: Council Member Palmer. Palmer: Sorry, I have a couple of questions. Is it -- can you guys use it however you want? Like if you want to just put it all towards -- Leslie: No. Palmer: You have to do seatbelts and -- Leslie: Yeah. We do various different programs that are authorized through the Office of Highway Safety. The DUI -- I went to one of them. The aggressive driving campaign is the other one. And, then, I think the other one texting and driving. Seatbelts. So, there is several of those dedicated ones that we use it for. And it's always overtime shifts. There is nothing that can be done with on duty staff. So, we have to bring in staff to handle those with a dedicated focus on those types of violations. Palmer: Mr. Vice-President? Cavener: Council Member Palmer. Palmer: It's worth putting up with the texting and junk to have any additional funds for DUI enforcement. So, it's good. Leslie: Most -- most of it is actually for DUI enforcement, to be honest, but -- Palmer: Sweet. I move we approve the budget amendment as presented. Little Roberts: Second. Palmer: For the police. Little Roberts: Was it not to exceed 32,500? Meridian City Council Meeting Agenda March 5, 2019 – Page 92 of 487 Meridian City Council February 21, 2019 Page 84 of 84 Palmer: Yes. Cavener: Great. Thank you, Council Member Little Roberts. Moved and seconded. Roll call, Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Future Meeting Topics Cavener: Number 11, Future Meeting Topics. We are getting there towards the end. Just because I have heard from a couple of you this week, it sounds like the Mayor is planning to provide an update to the Council on the government accountability officer in the next couple of weeks or potentially in our March workshop. So, just keep that on your agenda. Thank you all for your patience with me tonight. We made it. Milam: You did a great job. Cavener: No. No. No. You guys made it easy. With that I ask for a motion to adjourn. Milam: I move we adjourn. Little Roberts: Second. Cavener: Moved and seconded. All in favor? Thank you, everyone. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:22 P.M. (AUDIO RECOR. AUG ON FILE OF THESE PROCEEDINGS) MAYOR TA DE WEERD DATE APPROVED ATTES C. ,YAY COLEUS) CITY CLERK �q0"P_1 pAVGv T S � p � 01Y W Cif E IDIAN�_ � IDAHO SEAL City Council Regular Meeting February 19, 2019 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: City Council Regular Meeting February 19, 2019 Agenda Item Number: 6 A Project File Number: Item Title: Proclamation SkiIIsUSA "Team Renaissance" Day Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time f or P resentation: Title of I tem - SkillsUS A "Team Renaissance" Day C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Mayors Office Coles, C.J ay Approved 2/15/2019 - 10:55 A M Meridian City Council Meeting Agenda February 19, 2019 – Page 6 of 476 (�>W, - ! A ii U 2'h.e Office of the-'Alaycrr PRO CLA.M.2lTION Whereas, the City of Meridian is proud to recognize deserving citizens of the community, especially students who accomplish great things on behalf of their community; and, Whereas, SkillsUSA "Team Renaissance" willingly performed numerous hours in planning and reconstructing a portable classroom within one school year, in West Ada School District #2, under the direction of the Ada Career & Technical Center where students worked during class time and weekends for all deserving students; and, Whereas, SkillsUSA "Team Renaissance" has educated not only the citizens of Meridian but also State and Federal Legislative officials about the importance of SkillsUSA; and, Whereas, SkillsUSA "Team Renaissance" has strived to finish a community center in the school year of 2018-2019, partnered with other students in the West Ada School District; and, Whereas, SkillsUSA "Team Renaissance" has reached out to other community organizations such as the Lions Club, Boise State Construction Program, Building Construction Specifications Institute of Idaho, and the Wish Granters of Idaho; and, Whereas, Skil1USA "Team Renaissance" have established a partnership with Wish Granters of Idaho who has worked with students to fulfill a family's last wish, and make their life a little brighter; and, Whereas, the Mayor and City Council acknowledges SkillsUSA "Team Renaissance" and the efforts of their classmates from the West Ada Career and Technical Center, Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim February 19, 2019, as Skills USA "Team Renaissance" Day in Meridian, Idaho, and call upon the people in the Treasure Valley to celebrate the accomplishments of Skills USA "Team Renaissance" Dated this 19th day of February, 2019 Tammyg6WJeerd, Mayor // Joe Borton, City Council Pref/s,/ddent 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 Regular Meeting February 19, 2019 Agenda Item Number: 7 A Project File Number: Item Title: Approve Minutes of February 5, 2019 City Council Regular Meeting Meeting Notes: rte✓ A�P80 ':._ I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve the M inutes from F ebruary 5, 2019, C ity Council Regular M eeting Agenda C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes B ackup Material 2/8/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/15/2019 - 3:57 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 7 of 476 Meridian City Council February 5, 2019 Page 53 of 53 De Weerd: All those in favor say aye. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMW DE WEERD ATT.ES . C. tAY CO ULb, CI ILCA RK 2 / l9 /) DATE APPROVED ("IV 0r w (✓lel E IDIAN�- IDAHO 1zfi SEAL �/ City Council Regular Meeting February 19, 2019 Agenda Item Number: 7 B Project File Number: Item Title: Barger Subdivision Sanitary Sewer and Water Main Easement Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: Estimated Time f or P resentation: Title of I tem - B arger Subdivision - S anitary S ewer and Water M ain E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/14/2019 - 1:35 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 61 of 476 IRE -RECORD TO CORRECT LEGAL DESCRIPTION ADA DA COUNTY RECORDER Phil McGrane 2019-013473 IDAHO Pgs=5 LISA BATT 02/20/2019 11:07 AM ,", � InIA Lj� Project Naine:(gu b kvision);, Barger S06divislon• pfeih4n one miQrnentpf-th1s type, F IVI rN 1.4, 1 U/-% NO r'F_F_ ADA COUNTY RECORDER Phil McGrane 2019-067127 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 07/26/2019 11:44 AM CITY OF MERIDIAN, IDAHO NO FEE .SANITARY , -AND WATYR. MAIN EASEMENT THIS 'E' Bement Agroomellf, iijgdo--thls,day of__ 20 between Russ BaLger, b�M ("Orantor" , and the City. of Meridiah, 411 Mallb mu�i*cjfipal .0o j fe WRERBAS., tiio Grahtoi-*.dosl'M to pivylde -a sanitary sewer -and water main righf- t-Qwa.y. across the �r6mi.ses and-pmperfy heileinaftt)r,paitioularly-botiiided.aiid.-described;.-and WHEREAS, the. sanitary sewer, and. vator is to N6 provided foi-1hrough ufldergr6utid 'pipeli'ne's to be oolfstructed by other's, and WHEREAS, it wiffb-o'nedessary to maintain. 'and- 'ser, ice said pipelines from tii'no to th-oo. by. -the, NOW;THEREFOREin'aansideratia�n of the lierieiits' to lie eived.byjj1p-'Grqiftoran P -C , . d other' -good,, -and vaiiiable-co-nsi'deraflp.n,,the Grantor does hereby give, grofit. and dorivey .1411t6 the;G�A-ht-,.o the.• right -of -Way for an oasemont for -the ogeraflbr:':atid matnfdfiaf ioe 6f` ganitai,.y..seW.,qr-.atld'.wai6v kriMnp over -a�id aq -,rosp.th-e.TblIow!j1g despribo.0 property,,.* (S -ER ATTACHED ,E, XHIBITS.A and' B-)' The easom6nt hereby gented is for the purp6p of, constrLi6tldfi and of anitary sewer- ,and water )na'W' and. their aIfioid facilities, together with thou. ina!Monafic(z, repair and. re�plaoement at -the oonvon'iD.tWe of tho GtMteo,' with -the T-ree- Ylgh-t -of acaoas to such .fhcilitfes.dt-arfy.and';ill times, TO HAVE, AND TO HOLD, the said'-ea:semoiit%and . flght4of-way dfit6i the -*said Grantee, WK-stfac,89drs and aWgtis- fqrevdr,- IT I&EXPKE-MLY qNDER-§TOOD AND. AGREED, by and between the p*4ftios hbreto;j that afto making repairs or -performing other maintenance,, Grantee sh4il, restore. -the area, of the eEtse.nient lend adjacent propdily w that. existefit pitior to uridortaking,'stloh repairs and •ihaintohhiWo,,- HoWeVDt, Grantor 6ball ifot,bo--vosp.on91bI6 for 1epairing, replacirig or re8toving any(hingplaced -vi the. area. described, ib this easemplithatmaS' placed there in vio I ation °of this oageiiiient, THt GRANTOR c6Venants and. agrees -that Grantor will notpiade- or allow to be plaad any p6rdianeilt'6tructu structures, trees, b0sh,, or :perejWlaf slitubs: of flowers within tkq Area 0escvjb(A'fot4ti18 easement, which would: inferfere w.fth-ft use .of said easement, fol"the Sanitary SbNvbi, TBV. 03.i.26/2018 ADA COUNTY RECORDER Phil McGrane 2019-013473 BOISE IDAHO Pgs=5 LISA BATT 02/20/2019 11:07 AM CITY OF MERIDIAN, IDAHO NO FEE Pro jeet Name:(gubdivision),. 5argor Subdivision. Sanitat 'Saty4r j�, Wi1(er Main:r gGni'ezit Number,, ldantitjihis>Tuseinorit.8y'segaential.namt;er ifPiojcet aanlniiis• iriore•than one enspmentortl�is lyes. ,('See Imintslions f6raddi0vrf-,jIfnformn*n), .SANITAItY $)Eyt1ER. AND V(jATI IVIAIN EASEMENT THIS 'I; sement Aroemclit, lngd this I .day dFP-bNa 20 I between Russ Barger, ("Orantor"), and the City ofMeridiah, an I.dahb Muffl pal .0c rfailation ("•Grantee"}; WHAER I_FM, thio Grantor' desires to prgyide •a sanitary sewer -and water main right-of'way• across the � mi.ses and -property horeinafter'particularly•bounded andAeseribed;,'and WHMEAS, the. sanitary sewer and.-wator is to N6 provided foi''thl:ough undergrdutid -pipe]hia to be coit'stivoted by others; and WHEREAS, it wiff bo'neoessary, to maintain' -and -'service said pipelines from time to tijrio• by. -the, Gxanfdot NOW, THEREFORE, in"coriAdexation of the litriiefits' to be'rb,ceived, by. the'Grgjr tor, and .Other--good-.and valuabs le,0nSmorai1Q.n,1he Grantor does hprebygive, gxatit.and oonVey vltQ tile :,C antoo the. right-of-wv y for an oasemont for -the ogeratiozi'.'arid matntoiiarioe 67 ` sanitary.,seWex.and:wafer r�iain over'aud across th'e following describt;d property.' (S'ERTTACHWE,X-HIBIT.S'A and'B')' The easom6nt h'eroby gr'mitod 1's for the purpp'�ro of'cons ti'tfdtibli and'opei:at Qn of sariitaty sewer .and water mains and. their �Ilie'd f4cilities, together with tholi, ma htenatice., repair and. XepWeement at -the oonvetii-wwe Qftho Gfzltitee, with 'the .free• ight-of acooss to such .tae€lities.dtariy.and'dll times, T4 f A,VE,A.ND TO HOLD, the said'ea'sbmeAVand dght4of vlay diito,tile _said Gra(Ytbe, it's: skzaGeSsidrs and assigq& forover,• IT IS'EXI'R.ESSLY 10NDERSTOOD AND. AGREED, by and botween the p'4fties hereto; that ager ma[cilag iepalis or -performing other maintenance,. Grantee shall, restore. -the area, of the easoment and adjacent .property to' that. oxistofit prior to uridcrtaicing. snob repairs and .rinaintonaiaco, However, Graiitoe 6hall riot :be•'rQsponsible for 'repait'ing, roplacirig or restat=ing anythingplaced•w.ithin the,area•describ-od, ip this easempOthatmas placed tliore in violation --ofthis oagcm*nt, TILE GRANTOR. oovenants Find, agrees -that Grantor will notplace'or ai'row t4 bepla(:ed any pbriiianept '6truct6,e% trees, brush,. or ,pereiinjaf shrubs: o� flowers wi'th'in the area desczib.4'fet this easerrtent, which �Voutd:interFere wi't1�_the use of said easement, for'the Saltitaty SeNvbp attdW te:r-Mnin Easement' RBV. 01./26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 9 , 2 0 1 9 – P a g e 6 3 o f 4 7 6 ORNNTEE., CITY OFMERTMAN Tammy d- eymayOr C"est by -Q(AyColes, City clerk STNTE OF 11DAT-10, Co.unty. of Ada. 4OgATED 5,01 z 'p, of VP, 44AINVI 2. SEAL DAHO A- AL 1") This re ' qdrd was-..uplcnowledged before me. on (date) .by Tammy ammy de. Weerd. -and- C, Jay. - - Coles. on.beha If of the -City- of Mef idian, iii their capadities as: Mayor and City CWkj. respectively, CHARL(tWE)WAY NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 ola� NotarySigoature waj_ My Comnilssion Fxr)ir6s:s -a6 a Sanitary Sever and Vaier Wih Easemcift REV. 03/26/io7-8 02-05-X Reeve & Associates, Inc. EXHIBIT A ARGER SUBDIVISION SEWER AND WATER EASEMENT llk MERIDIAN, IDAHO PART OF NORTHENUT QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, BOISE MERIDIAN,SURVEY, DESCRIBED AS.FOLLOWS; 1 EAST; BEGINNING AT A PO1N N THE EXISTING WESTERLY RIGHT OF ' Y LINE OF LOCUST GROVE ROAD, SAID POIN EING SOUTH 231.18 FEET AND WES 8.00 FEET FROM THE NORTHEAST CORNER OF S SECTION 7; THENCE SOUTH 36, FEET, THENCE WEST 36.29 FEET; THENCE 828°53'36 62.68 FEET; THENCE N61°06' 'W 20.00 FEET; THENCE N28053'36"E 37.86 FEET; THENC EST 28.71 FEET; THENCE ORTH 34.79 FEET; THENCE N89°58'58"E 31.21 FEET; THENCE 4°58'58"E 20.10 FEET; T NCE N89°S8'S8"E 49.08 FEET TO THE POINT OF BEGINNING. CONTAINING 4,477 SQUARE FEET OR O.V3 ACRES 4ZRE OR. LESS Solutions You Can Build On"" Civil Engineering. Land Planning • Structural Engineering -Landscape Architecture . Land Surveying • Construction Surveying 5160 S 1500 W • Riverdale, Utah 84405 . Tel; 801-6213100. Fax; 801-621-2666 ogdenftt?reeve-assoc.com • reeve-assoc.com FOUND MARKED i CAP 5082 �4Y -° EXHIBIT B . Reeve EXHIBIT MAP TO ACCOMPANY LEGAL DESCRIPTION Meridian, BARGER SUBDIVISION SEWER AND WATER EASEMENT NORTHEAST CORNER OF QUARTER CORNER OF MERIDIAN, IDAHO SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, ION 7, TOWNSHIP 3 RANGE 1 EAST, BOISE DRAWN BY: BOISE MERIDIAN, U,S, SURVEY; FOUND. BRAS U,S, SURVEY iS CAP MONUM�ENTUND FAIRVIEW AVENUE CAP MONUMENT `_ ^ ^ ^ _ N69'53'54'W 2641,07' _ FOUND MARKED i CAP 5082 �4Y -° Maver'ik, 11 . Reeve & Associates, Inc, Meridian, ISSUE: 5160 S 1500 w RNIMMF, UTAH 04405 PROJECT NO 7E1 60i 621-3100 FAX: 801 621-2666 CAD DWG FII �xrc,raeva gaaoo.eom DRAWN BY: pq�q CHECKED BN �tkt.4u�t � tAwnrt.Aa�� 02-05-19 EXHIBIT A BARGER SUBDIVISION SEWER AND WATER EASEMENT MERIDIAN, IDAHO A PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, U.S. SURVEY, IN ADA COUNTY, IDAHO: BEGINNING AT A POINT ON THE EXISTING WESTERLY RIGHT OF WAY LINE OF LOCUST GROVE ROAD, LOCATED SOUTH 231,19 FEET AND WEST 59.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 7; THENCE SOUTH 36,96 FEET; THENCE WEST 25,29 FEET; THENCE S28053'36"W 62,68 FEET; THENCE N6110624'W 20.00 FEET; THENCE N28053'36"E 37,86 FEET; THENCE WEST 28,71 FEET; THENCE NORTH 34.79 FEET; THENCE N89°58'58"E 31.21 FEET; THENCE N44°58'58" 20.10 FEET; THENCE N89°58'58"E 38.08 FEET TO THE POINT OF BEGINNING. CONATINING 4,070 SQUARE FEET NI - Solution YOU Can Ouitd On Civil EngineeringZ • Land Planning -Structural Engineering -Landscape Architecture -Land Smveying -Construction Surveying 5160 S 1500 W Riverdale, Utah 84405 -Tel: 801-621-3100 • Fay : 801-621-2666 agdenCn,reeve-assoc.coom • reeve-assoe,com Exhibit 9 Exhlbll map to Accompany' Legal Description Barger Subdlvlslon Sewer and Water Easement Merldlan, Idaho —North quarter Corner of Section 7, To wnshlp 3 Norlh, Range t East, Bolse Merldlan, MS. Survey Found Brass cap Manument Pe I r v/ e w A venue Northeast Corner of Section 7, Township 3 North, Range t East, Bolse Merldlan, U.S Survey, Found Brass Cap Monument � N 89'9445 - W 9— •3445" — — (BdSIs of Bearings) �4 ANDERSON WAHLEN & ASSOCIATES 2010 North Redwood Road, Solt Lake City, Utah 64116 801 521-8529 — AWAenginearing.net Sewer and Water Easement Ma verik, inc, SEC Fairview Ave and Locust Grove Meridian, Idaho bof No. Designed *-8P Drafted DY' NN Went Name: Reeve & Assoclates 18 Jul, 2019 City Council Regular Meeting February 19, 2019 Agenda Item Number: 7 C Project File Number: H-2019-0003 Item Title: Final Plat for Edgehill Subdivision No. 1 (H-2019-0003) by Trilogy Development, Located at 1393 and 1405 W. Victory Rd. Meeting Notes: C I TEM SHEET C ouncil Agenda I tem - 7.C. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for E dgehill S ubdivision No. 1 (H-2019-0003) by T rilogy D evelopment, L ocated at 1393 and 1405 W. Victory Rd. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/14/2019 - 7:46 A M Meridian City Council Meeting Agenda February 19, 2019 – Page 67 of 476 Page 1 HEARING DATE: 2/19/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0003 Edgehill Subdivision No. 1 LOCATION: 1393 & 1405 W. Victory Rd., in the NW ¼ of Section 25, T.3., R.1W. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 34 building lots and 5 common lots on 12.79 acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant: Trilogy Development, Inc. – 9839 W. Cable Car St., Ste. 101, Boise, ID 83709 B. Owner: Corey Barton – 1977 E. Overland Rd., Meridian, ID 83642 C. Representative: Wendy Shrief, J-U-B Engineers, Inc. – 250 S. Beechwood Ave., Ste. 201, Boise, ID 83709 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots and common area is the same as shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. A segment of the City’s multi-use pathway system is proposed along the southern boundary of this phase adjacent to the Sundall Lateral as a site amenity. All development shall comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district as follows: STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda February 19, 2019 – Page 68 of 476 Page 2 a. Fencing (UDC 11-3A-6, 11-3A-7): All fencing is required to be installed in accord with the standards listed in UDC 11-3A-7. Four-foot tall solid vinyl fencing is depicted adjacent to the common area where the pathway is proposed; and 6-foot tall solid vinyl fencing is proposed around the perimeter of the development in accord with UDC standards. b. Pathways (UDC 11-3A-8, 11-3B-12) All pathways are required to be constructed per the standards listed in UDC 11-3A-8. A 5-foot wide pathway is proposed along the north side of the Sundall Lateral; landscaping is required adjacent to the pathway per the standards listed in UDC 11-3B-12C, unless otherwise approved through Alternative Compliance. Decorative rock mulch in itself as proposed is not allowed. The pathway should be placed within a public use easement; the easement should be submitted to the Planning Division prior to City Engineer signature on the final plat for approval by City Council and subsequent recordation. c. Waterways (UDC 11-3A-6) The Sundall Lateral runs along the southern boundary of this site; City Council approved a waiver for the lateral to remain open and not be piped or otherwise covered due to its large capacity in accord with UDC 11-3A-6A.3. Meridian City Council Meeting Agenda February 19, 2019 – Page 69 of 476 Page 3 IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat (date: 11/5/2015) Meridian City Council Meeting Agenda February 19, 2019 – Page 70 of 476 Page 4 B. Final Plat (date: 1/9/2019) Meridian City Council Meeting Agenda February 19, 2019 – Page 71 of 476 Page 5 C. Landscape Plan (dated: 12/11/18) Meridian City Council Meeting Agenda February 19, 2019 – Page 72 of 476 Page 6 Meridian City Council Meeting Agenda February 19, 2019 – Page 73 of 476 Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2015-0005, Development Agreement #2016-113890). 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 previous phase final plat, 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 J-U-B Engineering stamped on 1/9/2019 by Bert J. Nowak, included in Section VII.B shall be revised as follows: Plat Notes (Sheet 7): a. Delete “Typical notes”, “Typical Central District Notes” and “Typical Meridian Note”. b. Note #2: “Lot 1 of Block 1, Lots 1 and 14 11 of Block 2 . . .” c. Note #4: Replace “SOME JURISDICTIONS” with the appropriate text. d. Note #5: “. . .without prior approval from the health authority and the City of Meridian.” e. Note #8: Replace “SOME DATE” and “SOME DEPTH” with the appropriate text. f. Add Note: Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owners association. Easement Notes (Sheet 7): g. On plat sheets 3-5, there is an Idaho Power Company easement depicted with a reference to a plat note that doesn’t exist. This easement will need to be vacated, and evidence of said vacation provided to the City prior to the City Engineer’s signature on the final plat. Once this vacation occurs, there is no need to show the easement on the plat. h. Delete “Typical Designations” i. Note #3: Replace “#” with appropriate lot and block numbers. j. Note #4: Include recorded instrument number for sidewalk easements. Reference Documents (sheet 7): k. Complete information for Surveys, Deeds, and Easements or delete if not applicable. l. Sheet 1: At the corner section and other survey points, replace [Bare], [Illegible] and [972] with the appropriate information. m. Sheets 2-5: Complete the easement notes graphically depicted on the plat for the ACHD sidewalk and Idaho Power Company easements. 5. The landscape plan prepared by Jensen Belts, dated 12/11/18, needs to be revised as follows: a. Depict landscaping along each side of the pathway adjacent to the Sundall Lateral consisting of a minimum 5-foot wide strip planted with a mix of trees, shrubs, lawn and/or Meridian City Council Meeting Agenda February 19, 2019 – Page 74 of 476 Page 8 other vegetative ground cover as set forth in UDC 11-3B-12C unless otherwise approved through Alternative Compliance; decorative rock mulch in itself is not allowed. 6. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2015-0005 included in the Development Agreement. 7. The rear and/or sides of structures on lots that face W. Victory Rd. (i.e. Lots 2-5, Block 1 and Lots 2, 3, 6-9, Block 2 shall incorporate articulation through changes in material, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 8. A public pedestrian easement is required to be submitted to the Planning Division for the multi- use pathway prior to City Engineer signature on the final plat. Coordinate the details of the easement with Kim Warren, Park’s Department (208-888-3579). 9. 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 Site Specific Conditions: 1. Revise the street light plan to show Type 1 street lights on W. Victory Road. Lights are required every 220' along the frontage of Victory Road. The lights on Victory Road are required to be metered. Davit poles may be used due to conflict with overhead power. 2. Offsite sewer design in Victory Road appears to meet our previous design discussion. However, this project will not be serviceable until after the City's sewer extension project in Linder Road is completed later this year. Verify that all sewer services maintain 5' separation to other services and manholes. General Conditions: 3. 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. 4. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 5. 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. 6. 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. 7. 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. 8. The City of Meridian requires that the owner post with the City a performance surety in the Meridian City Council Meeting Agenda February 19, 2019 – Page 75 of 476 Page 9 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 p rovided 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. 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. 17. 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. 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. 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. 20. 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 Meridian City Council Meeting Agenda February 19, 2019 – Page 76 of 476 Page 10 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. 21. 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. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. 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. 24. 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. 25. 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. 26. 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 addressed 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 February 19, 2019 – Page 77 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 7 D Project File Number: H-2019-0008 Item Title: Final Plat for Hill's Century Farm Subdivision No. 12 (H-2019-0008) by Brighton Investments, LLC, Located on the North side of E. Lake Hazel Rd, 1/2 mile East of S. Eagle Rd. Meeting Notes: c✓ I TEM SHEET C ouncil Agenda I tem - 7.D. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for Hill's C entury F arm Subdivision No. 12 (H-2019-0008) by Brighton Investments, L L C , Located on the North side of E. L ake Hazel Rd, 1/2 mile E ast of S . E agle Rd. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/14/2019 - 3:39 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 78 of 476 Page 1 HEARING DATE: 2/19/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0008 Hill’s Century Farm Sub. No. 12 LOCATION: North side of E. Lake Hazel Rd., east of S. Eagle Rd. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 62 building lots and 5 common lots on 12.22 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant: Brighton Investments, LLC – 12601 W. Explorer Dr. Ste. 200, Boise, ID 83713 B. Owner: Same as Applicant C. Representative: Kameron Nauahi, Brighton Corporation – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots decreased by seven (7) and the common area increased from what was shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. A segment of the City’s multi-use pathway system is proposed as an amenity along the Ten Mile Creek. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda February 19, 2019 – Page 79 of 476 Page 2 All development shall comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district as follows: a. Fencing (UDC 11-3A-6, 11-3A-7): All fencing is required to be installed in accord with the standards listed in UDC 11-3A-7. Fencing is not depicted on the proposed landscape plan as follows: 6’ tall solid stained cedar fencing is proposed along the back side of the street buffer along E. Lake Hazel Rd. and 4’ tall open vision fencing is proposed adjacent to common areas and along the pathway in accord with UDC standards. b. Pathways (UDC 11-3A-8, 11-3B-12) All pathways are required to be constructed per the standards listed in UDC 11-3A-8; landscaping is required to be installed adjacent to all pathways in accord with the standards listed in UDC 11- 3B-12C. A minimum of one (1) tree per 100 linear feet of pathway is required along the pathway adjacent to the Ten Mile Creek in accord with the pathway calculations noted on Sheet L1.0 of the landscape plan. IV. DECISION Staff: Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Meridian City Council Meeting Agenda February 19, 2019 – Page 80 of 476 Page 3 V. EXHIBITS A. Preliminary Plat (date: 1/29/2018) Meridian City Council Meeting Agenda February 19, 2019 – Page 81 of 476 Page 4 B. Final Plat (date: 1/8/2019) Meridian City Council Meeting Agenda February 19, 2019 – Page 82 of 476 Page 5 Meridian City Council Meeting Agenda February 19, 2019 – Page 83 of 476 Page 6 C. Landscape Plan (dated: 1/11/19) Meridian City Council Meeting Agenda February 19, 2019 – Page 84 of 476 Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2017-0149, Development Agreement #2018-034522 – Turf Farm). 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 previous phase final plat, 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 1/8/2019 by Aaron L. Ballard, included in Section VII.B shall be revised as follows: a. Note #13: Include recorded instrument number for ACHD landscape license agreement. b. Note #19: Include recorded instrument number for pathway easement. c. Note #20: Include recorded instrument number for ACHD sidewalk easement. d. References: R4 (sheet 1): Complete book and page information. 5. The landscape plan prepared by KM Engineering, dated 1/11/19 needs to be revised as follows: a. A minimum of one tree is required to be depicted per 100 linear feet of pathway along the Ten Mile Creek as set forth in UDC 11-3B-12C.2. 6. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2017-0149. 7. Prior to any development occurring in the Overlay District, a hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 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 Site Specific Conditions: 1. A Floodplain Development Permit is required for this development. Please contact Jason Korn in the Public Works Department with any questions. 2. The water main extension off the end of S. Wayward Way will need to extend under Tenmile Creek and irrigation main prior to vertical offset and connection to the Bicentennial water main. The Bicentennial water main is 12-inch diameter, however, the size can be reduced to 8-inch at the connection. This connection must occur, and the Bicentennial PRV must be activated prior to acceptance of the water system in this development. General Conditions: 3. 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 Meridian City Council Meeting Agenda February 19, 2019 – Page 85 of 476 Page 8 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. 4. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. 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. 17. The engineer shall be required to certify that the street centerline elevations are set a minimum Meridian City Council Meeting Agenda February 19, 2019 – Page 86 of 476 Page 9 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. 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. 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. 20. Street light plan requirements are listed in section 6-7 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 th e 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. 21. 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. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. 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. 24. 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. 25. 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. 26. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, Meridian City Council Meeting Agenda February 19, 2019 – Page 87 of 476 Page 10 crossing or laying adjacent and contiguous to the area being subdivided shall be addressed 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 February 19, 2019 – Page 88 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 7 E Project File Number: H-2019-0010 Item Title: Final Plat for Hill's Century Farm Subdivision No. 13 Meeting Notes: (H-2019-0010) by Brighton Investments, LLC, Located East of S. Eagle Rd., and North of E. Lake Hazel Rd. 9 I TEM SHEET C ouncil Agenda I tem - 7.E . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for Hill's C entury F arm No. 13 (H-2019-0010) by Brighton Investments, L L C , Located E ast of S . E agle Rd., and North of E. L ake Hazel Rd. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/14/2019 - 3:48 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 89 of 476 Page 1 HEARING DATE: 2/19/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0010 Hill’s Century Farm Sub. No. 13 LOCATION: North of E. Lake Hazel Rd. and east of S. Eagle Rd. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 43 building lots and 8 common lots on 11.99 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Brighton Investments, LLC – 12601 W. Explorer Dr. Ste. 200, Boise, ID 83713 B. Owner: Same as Applicant C. Representative: Kameron Nauahi, Brighton Corporation – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots decreased by two (2) and the common area increased slightly from what was shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. A micro-path is proposed as an amenity within this phase for pedestrian connectivity to the south. All development shall comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district as follows: STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda February 19, 2019 – Page 90 of 476 Page 2 a. Fencing (UDC 11-3A-6, 11-3A-7): All fencing is required to be installed in accord with the standards listed in UDC 11-3A-7. Four-foot tall open vision fencing is depicted adjacent to common areas and pathways in accord with UDC standards. b. Pathways (UDC 11-3A-8, 11-3B-12) All pathways are required to be constructed per the standards listed in UDC 11-3A-8. Per the approved amenities exhibit for the overall development, a pathway is planned on Lot 15, Block 32 from the sidewalk along E. Mardia St. to the south boundary but is not depicted on the landscape plan; the pathway should be added to the plan. c. Common Driveways (UDC 11-6C-3D) A common driveway is proposed on Lot 13, Block 32 for access to Lots 12 and 14, Block 32. An exhibit was submitted that depicts the setbacks, fencing, building envelope and orientation of the lots and structures that demonstrates compliance with UDC standards. IV. DECISION Staff: Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Meridian City Council Meeting Agenda February 19, 2019 – Page 91 of 476 Page 3 V. EXHIBITS A. Preliminary Plat (date: 11/7/2014) Meridian City Council Meeting Agenda February 19, 2019 – Page 92 of 476 Page 4 B. Final Plat (date: 1/18/2019) Meridian City Council Meeting Agenda February 19, 2019 – Page 93 of 476 Page 5 C. Landscape Plan (dated: 1/15/19) D. Common Driveway Exhibit Meridian City Council Meeting Agenda February 19, 2019 – Page 94 of 476 Page 6 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (AZ-14-012; PP-14-014, Development Agreement #2015-003138). 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 previous phase final plat, 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 1/18/2019 by Aaron L. Ballard, included in Section VII.B shall be revised as follows: a. Note #13: Include recorded instrument number for ACHD landscape license agreement. b. Note #14: Include recorded instrument number for ACHD sidewalk easement. c. References: R5 & R6 (sheet 1): Complete book and page information. 5. The landscape plan prepared by KM Engineering, dated 1/15/19 needs to be revised as follows: a. Depict a pathway on Lot 15, Block 32 from the sidewalk along E. Mardia St. to the south boundary per the approved site amenity exhibit previously approved for the overall development. 6. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with AZ-14-012/PP-14-014. 7. The common driveway on Lot 13, Block 32 shall be constructed in accord with the standards listed in UDC 11-6C-3D. 8. The development of Lots 12 and 14, Block 32 shall be consistent with the common driveway exhibit included in Section VIII.D unless otherwise approved by the Planning Division. 9. 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 extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Meridian City Council Meeting Agenda February 19, 2019 – Page 95 of 476 Page 7 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. 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 Meridian City Council Meeting Agenda February 19, 2019 – Page 96 of 476 Page 8 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 6-7 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 Ci ty 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 addressed 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 February 19, 2019 – Page 97 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 7 F Project File Number: H-2018-0057 Item Title: Findings of Fact, Conclusions of Law for Bainbridge Franklin Meeting Notes: (H-2018-0057) by Steve Bainbridge, Located at 2075 and 2155 W. Franklin Rd. I TEM SHEET C ouncil Agenda I tem - 7.F. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for Bainbridge F ranklin (H-2018-0057) by Steve B ainbridge, Located at 2075 and 2155 W. F ranklin Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 2/14/2019 E xhibit A E xhibit 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/14/2019 - 4:41 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 98 of 476 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0057 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 3.68 Acres of Land with a C-G Zoning District, by Steve Bainbridge. Case No(s). H-2018-0057 For the City Council Hearing Date of: February 5, 2019 (Findings on February 19, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 5, 2019, incorporated by reference. The conditions are concluded to be Meridian City Council Meeting Agenda February 19, 2019 – Page 99 of 476 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0057 - 2 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Annexation and Zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 5, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 5, 2019. Meridian City Council Meeting Agenda February 19, 2019 – Page 100 of 476 By action of the City Council at its regular meeting held on the day of r , 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED_l& COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_ye e COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED �& COUNCIL MEMBER GENESIS MILAM VOTED / MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tamm d eerd Attest: oq`e°V1- _""9' a`' ',00 CRY or w EIDIAN .IDAHO a Coles SEAL :Iv— Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: PM Dated: City erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). 1-1-2018-0057 -3- ' 3- ')di nbHt,-, F7'Qrl j� EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 1 STAFF REPORT Hearing Date: February 5, 2019 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner Bill Parsons, Planning Supervisor (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0057 – Bainbridge Franklin – AZ NOTE: On November 7, 2018, the City Council remanded this application back to the Planning and Zoning Commission. The applicant requested the remand with hope of gaining a favorable recommendation from the Commission. During the July 12, 2017 hearing, the Commission recommended denial of the application for the following reasons: 1. Continued use of the small equipment repair business; 2. Existing structures remaining on the property for 5 years without connecting to city utilities; 3. Site plan was not revised per staff’s recommendation in the staff report; 4. Staff’s concerns that the conceptual site plan and elevations were not consistent with the MU-Com designation 5. With the number of items above, it appeared the annexation of the property with the C-G district was premature. Since the Commission hearing, the applicant has met with staff to discuss several revisions to the conceptual plans which have been included in Exhibit A. Further, the applicant has received interest from potential users who may develop the property if/when it is annexed into the City. Throughout the staff report, staff has updated the pertinent sections of the report in a strike- through/underline format that reflects the changes in the staff report. 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Steve Bainbridge, has submitted an application for annexation and zoning (AZ) of 3.68 acres of land with a C-G zoning district. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard this item on January 3, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None Meridian City Council Meeting Agenda February 19, 2019 – Page 102 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 2 b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Adequate parking for the site. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. Applicant is requesting Council to allow them to construct a 10-foot wide landscape buffer along the east boundary of the proposed storage facility abutting the multi-family development. The Meridian City Council heard this item on February 5, 2019. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Shawn Nickel ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Joe Bongiorno b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Reduced buffer width along a portion of the eat boundary. d. Key Council Changes to Staff/Commission Recommendation i. Council granted the request to construct a 10-foot wide landscape buffer along the east boundary of the three-story indoor storage facility (see DA provision g). 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0057 as presented in staff report for the hearing date of February 5, 2019 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0057 as presented in staff report for the hearing date of February 5, 2019 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2018-0057 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2075 and 2155 W. Franklin Road. The site is located in the NE ¼ of Section 14, Township 3N., Range 1W. b. Owner/Applicant: Steve Bainbridge 2576 W. Piazza Drive Meridian, ID 83646 Meridian City Council Meeting Agenda February 19, 2019 – Page 103 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 3 c. Representative: Shawn L. Nickel, SLN Planning P. O. Box 1595 Eagle, ID 83616 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for annexation and zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: June 22 November 30, 2018; January 18, 2019 (Council) c. Radius notices mailed to properties within 300 feet on: June 15 November 27, 2018; January 15, 2019 (Council) d. Applicant posted notice on site by: June 29 December 7, 2018; January 24, 2019 (Council) e. Next Door Posted: November 27, 2018; January 15, 2019 (Council) 6. LAND USE a. Existing Land Use(s): The subject property consists of rural residential land; zoned R1 in Ada County. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: North: Industrial property, zoned I-L East: Twelve Oaks Villas, zoned C-C and TN-R South: Vacant commercial property, zoned C-C West: Vacant commercial property, Zoned C-C c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exists adjacent to the parcel in W. Franklin Road. Location of water: A water main intended to provide service to the proposed development currently exists adjacent to the parcel in W. Franklin Road. Reclaimed Water: A reclaimed water intended to provide service to the proposed development currently exists adjacent to the parcel in W. Franklin Road. Issues or concerns: None. e. Physical Features: 1. Canals/Ditches Irrigation: The Vaugh Lateral runs adjacent to the south side of the property. 2. Hazards: Staff is unaware of any hazards that may exist on the site. 3. Flood Plain: This property is not within the floodplain overlay district. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Meridian City Council Meeting Agenda February 19, 2019 – Page 104 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 4 The subject property is designated Mixed Use – Commercial (MU-COM) on the Comprehensive Plan Future Land Use Map (FLUM). MU-COM designated areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. In MU-COM areas, three (3) or more significant uses also tend to be larger scale projects. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8-12 dwelling units (d.u.) per (/) acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MU-C designation should be used for residences. (See pg. 3-9 for more information.) The applicant proposes to annex the site with a C-G zoning district which is an appropriate zoning district for an MU-COM designated area. The site is proposed to develop with seven five (75) commercial pad sites. While not necessarily the burden of this application, it should be understood that cumulative changes to this area of the TMISAP have occured, east of Ten Mile Road, west of the subject property.The cumulative changes have resulted in an increase in more commercial property and less residential densities than originally evisioned for the area. The most recent being, the Calnon project that was approved in 2015, which changed the Comprehensive Plan designation on the south and west boundaries of this property from Medium-High Density Residential to Mixed Use Commercial. Because the adjacent property is a much larger parcel, staff anticipates a mix of employment, retail and other residential uses developing on this property. Further, the TM Creek property farther to the west is developing with a mix of commercial and residential uses that also provides services, employment and residential uses in the area. For these reasons, full compliance with the TMISAP is not desired for the development of this property (no residential component) however; specific design elements are required to be complied with to ensure a consistent design theme and quality development complementary to the surrounding developments.The recorded development agreement also requires a more detailed concept plan that demonstrates compliance with the MU-C land use designation. For these reasons, full compliance with the TMISAP is not desied,however; to ensure consistency with adjacent developments, staff recommends that the applicant apply for a development agreement modification with a revised concept plan once an end-user is identified and prior to approval of their first certificate of zoning compliance for the property. This property is part of a larger MU-COM designated area, so staff does envision a mix of uses developing in the area. The properties to the east are the same mixed use commercial designation and with the increased residential uses in the area, additional commercial uses may be required to serve those uses. There is a mix of commercial and residential uses near the intersection of Franklin and Linder Ten Mile and a multi-family development is approved for the parcel immediately to the east of the subject property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): Meridian City Council Meeting Agenda February 19, 2019 – Page 105 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 5 “Plan for a variety of commercial and retail opportunities within the Impact Area.” (3.05.01J) With the increase of residential units in the area, the proposed commercial project will contribute to the variety of uses in this part of the city. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is contiguous to annexed parcels and city services are available. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the conditions of approval in this report. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the C-G district is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed commercial development is a principally permitted use in the C-G zoning district. The revised concept plan depicts an indoor storage facility which is listed as a conditional use permit subject to the specific use standards set forth in UDC 11-4-3-34. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed C-G zoning district. D. Landscaping: Per UDC 11-3B-9, a 25-foot landscape buffer is required adjacent to the multi- family development along the east boundary, unless granted a waiver from Council for a reduced buffer width. Per UDC 11-2B-3 and 11-3B-7, a 25 foot landscape buffer is required along W. Franklin Road. E. Off-Street Parking: As proposed, there is no off-street parking required or proposed for this project. The future development of the site must comply with the parking standards set forth on UDC 11-3C-6B. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. AZ: The applicant requests annexation and zoning of 3.68 acres of land with a C-G zoning district, consistent with the MU-COM land use designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. as follows: Meridian City Council Meeting Agenda February 19, 2019 – Page 106 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 6 Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-COM land use designation. A mix of uses from each major use category (i.e. commercial, residential, employment) shall be provided as set forth in the Ten Mile Interchange Specific Area Plan (TMISAP). No more than 30% of the ground level development within the MU-C designation shall be used for residences. The existing structures shall be removed from the site immediately upon annexation. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214120710) and to the property to the east (parcel #R8580480020) via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. Cross-access shall also be granted between future lots within this development as applicable. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development. Further, a 5-foot wide walkway shall be provided on the Conceptual site plan: A conceptual site plan was submitted, included in Exhibit A.2 that depicts seven five (75) commercial pad sites, including a mix of single, two and three story buildings with a similar design theme, open plaza area, and a cross access to the Twleve Oaks multi-family project to the east and the Calnon property to west in accord with UDC 11-3A-3. The new plan also incorporates the required 25-foot wide street buffer width along Franklin Road in accord with UDC Table 11-2B-3. The design of the site should comply with the design review standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Staff finds with the addition of the open space element and the mixture in the scale and bulk of the commercial structures, the proposed development is generally consistent with the MU-COM designation. The applicant is also proposing to provide a cross access to the Twleve Oaks multi-family project to the east. Staff is also recommending that the applicant provide a cross-access easement to the west as well. Staff has the following comments on the proposed conceptual plan: 1. The conceptual site plan does not show reflect the required 25 foot buffer along the east boundary of the project. This requirement will impact the layout of the site. 2. The parking located immediately as you enter the parcel from Franklin should be eliminated as to not cause traffic problems with vehicles entering the development. Landscaping: As noted above, a 25-foot wide landscape buffer is required to be installed with the development of the subject property in accord with UDC 11 -2B-3 and UDC 113B-7. A landscape plan was not submitted with this application. There Further, the applicant is requesting to develop the site with commercial uses adjacent to Twelve Oaks multi-family project along the east boundary of this site. Per UDC 11-3B-9, a 25-foot landscape buffer is required adjacent to the residential use unless the Council grants a reduction of the buffer. The submitted concept plan depicts a 10-foot wide landscape buffer. Staff recommends the applicant install the 25-foot wide landscape buffer unless the council grants a waiver to reduce the buffer. If the applicant requests the Council waiver, staff recommends that the buffer not be reduced less than 10 feet in width. to the multi-family project (Twelve Oaks) that is adjacent to the east side of this property; and a 25 foot landscape buffer is required along the Franklin Road frontage. Meridian City Council Meeting Agenda February 19, 2019 – Page 107 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 7 Existing building/uses: All of the existing buildings on the site shall be removed and any existing business located on the property shall cease immediately upon annexation. Parking: Based on the conceptual site plan, there will be approximately 40,60052,850 square feet of commercial space. Per UDC 11-3C-6 one parking space is required per 500 s.f. of gross floor area. In this case, that amounts to 82106 required parking spaces. The conceptual site plan as proposed contains 11596 parking spaces, which is in may be compliance with UDC requirements. NOTE: The self-storage use requires less parking than most commercial uses. The UDC only requires the parking to be based on the size of the office space proposed for the storage use. At this time, staff does not have the specifics of the office square footage to determine if the parking ratio is adequate for the site. However, the required parking will be reduced because a majority of the square footage of the storage (29,250 sq.ft.) building will not be counted towards the required parking calculations. Access: One (1) direct access to W. Franklin Road is proposed for the development. Further Franklin Road accesses should be prohibited in accord with UDC 11-3A-3. As mentioned above, the multi-family project to the east provided cross-access to this site, so this project will be required to reciprocate that cross-access easement. Further, the applicant is proposing to provide cross access with the Calnon property along the west boundary. With the first certificate of zoning compliance application, the applicant should provide a recorded cross access easement that grants access the Twelve Oaks and Calnon properties as depicted on the submitted concept plan. The cross access will provide interconnectivity with the adjacent properties in accord with UDC 11-3A-3increased access in the area. Permitted Uses: In the revised narrative, the applicant has indicated that an indoor self-storage facility and office uses are interested in developing on the property upon annexation. The indoor storage use is a conditional use permit subject to the specific use standards set forth in UDC 11-4- 3-34. The office use that the applicant has identified is a principal permitted use. Because several potential uses are slated for the development, staff no longer believes that certain uses should be restricted from developing on the site and has removed the recommended DA provision from Exhibit B below. Staff feels that limiting the allowable uses on the property is prudent due to the potential for uses that would adversely impact the surrounding residential uses. Staff recommends that only those uses designated as permitted in UDC11-2B-2 be allowed with additional restriction from Arts, entertainment or recreation facility, outdoor, Dispatch center for mobile service, Recreational vehicle park, Vehicle repair minor, Vehicle sales or rental and service, Vehicle washing facility, Wireless communication facility, Wireless communication facility, amateur radio antenna and that drinking establishments be allowed through a conditional use permit. Utilities: Utilities are required to be extended to this site in accord with UDC 11-3A-21. Sanitary sewer service to the proposed development will only be needed for the manager’s office adjacent to N. Ten Mile Road, and therefore no new mainlines will be needed. Though sewer is not required for this portion of the Stor-It facility, water is required. The property to the north was recently approved as a self-storage facility, and with that, staff required that applicant to stub water to the south property line. The applicant will need to coordinate with that property owner and public works to construct water mains to and through the project from the existing mainline in N. Ten Mile Road. Building Elevations: Structures within the proposed development that are visible from the street or abutting properties are required to comply with the design review standards set forth in UDC 11- 3A-19 and the guidelines contained in the Architectural Standards Manual. Further, the property is located within the TMISAP, which has higher design standards. The applicant has provided a color rendering that demonstrates the design theme for the proposed Meridian City Council Meeting Agenda February 19, 2019 – Page 108 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 8 development. Although specific building materials are not identified, all structures constructed in the development should comply with the design elements of the TMISAP. Building materials for the proposed structures appear to be a mixture of stucco and stone with a mixture of roofing styles. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the self- service storage facility. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19, and the guidelines contained in the Architectural Standards Manual and TMISAP. In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive Plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Site Plan (dated: 5/16/201810/29/2018) 3. Proposed Elevations B. Conditions of Approval C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda February 19, 2019 – Page 109 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 20 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda February 19, 2019 – Page 110 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 21 2. Conceptual Site Plan (NOT APPROVEDREVISED) (dated: 5/16/201810/29/2018) Meridian City Council Meeting Agenda February 19, 2019 – Page 111 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 22 3. Proposed Elevations Meridian City Council Meeting Agenda February 19, 2019 – Page 112 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 23 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. A Certificate of Zoning Compliance application will not be accepted until the ordinance and development agreement are recorded. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19; and the guidelines in the City of Meridian Architectural Standards Manual (or any updated versions thereof) and the TMISAP AND the conceptual site plan in Exhibit A. The proposed development shall consist of a mix of single, two and three story buildings as proposed. b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. c. Design elements compatible with the matrix on page 3-49 of the TMISAP for the MU-C designated area shall be provided with development as follows: Architecture & Heritage (3- 32); Street-Oriented Design – Commercial & Mixed Use buildings (3-33); Buildings to Scale (3-34); Neighborhood Design (3-36); Building Form and Character – Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details – Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU-C only) (3- 41 thru 3-45); Signs (3-46); and Public Art (3-47). d. Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-COM land use designation. ec. All of the existing buildings on the site shall be removed and any existing business located on the property shall cease immediately upon annexation. fd. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214120710) and to the property to the east (parcel #R8580480020) in accord with UDC 11-3A-3. With the first certificate of zoning compliance application, the applicant shall provide a recorded cross access easement that grants access to the Twelve Oaks and Calnon properties as depicted on the submitted concept plan. ge. A pedestrian access shall be provided to both the parcel to the west and to the east in order to facilitate pedestrian traffic through the area as proposed. h. The only uses allowable within the development are restaurants, retail, office (which include personal and professional services), vertically integrated residential project. if. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. Meridian City Council Meeting Agenda February 19, 2019 – Page 113 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 24 g. The applicant shall construct a 2510-foot wide landscape buffer along the east boundary of the three story indoor storage building OR obtain a council waiver to construct the 10-foot wide landscape buffer as shown on the conceptual site plan in accord with UDC 11-3B-9. h. Any future indoor self-service storage use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-34. i. Other than the one (1) proposed access to W. Franklin Road, all other access is prohibited in accord with UDC 11-3A-3. 1.1.2 Prior to the City Council hearing, the applicant shall provide an updated landscape plan showing the required 25 foot landscape buffer along Franklin Road. The parking that is currently proposed within the 25 foot are shall be eliminated. 1.1.3 The parking located immediately as you enter the parcel from Franklin shall be eliminated as to not cause traffic problems with vehicles entering the development. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.2 Existing domestic wells within the project area must be properly abandoned per General Condition of Approval 2.2.7. 2.1.3 Any existing sanitary sewer and/or water mainline stubs into the subject parcels that are not proposed to be used must be properly abandoned per the City of Meridian Standards. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can’t serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. 2.1.5 The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Meridian City Council Meeting Agenda February 19, 2019 – Page 114 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 25 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 115 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 26 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 3.2 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a distance apart Meridian City Council Meeting Agenda February 19, 2019 – Page 116 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 27 equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 3.3 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to this application. 6. REPUBLIC SERVICES 6.1 Republic Services has no comment on this application, 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Access to Franklin Road is approved as a temporary full access, and may be restricted to right- in/right-out at any time , as determined by ACHD . 2. Close both existing driveways from the site onto Franklin Road with vertical curb, gutter and 7- foot wide sidewalk . 3. Consistent with ACHD 's Minor Improvements policy, the applicant should correct deficiencies or replace deteriorated or damaged faciliites on Franklin Road abutting the site. 4. A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees . 5. Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 6. Comply with the Standard Conditions of Approval as stated in the staff report. 8. ITD The Idaho Transportation Department reviewed the referenced annexation and zoning application and has the following comments: 1. This project does not abut the State highway system. 2. Idaho Code 40-1910 does not allow advertising within the right-of-way of any State highway. 3. IDAPA 39.03.60 rules govern advertising along the State highway system. The applicant may contact Justin Pond, Program Manager for lTD's Headquarters Right-of-Way Section at (208) 334- 8832 for more information. 4. lTD does not object to the annexation and zoning of C-G for Bainbridge Franklin Subdivision as presented in the application. Meridian City Council Meeting Agenda February 19, 2019 – Page 117 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 28 C. Legal Description and Exhibit Map Meridian City Council Meeting Agenda February 19, 2019 – Page 118 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 29 Meridian City Council Meeting Agenda February 19, 2019 – Page 119 of 476 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 30 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Council finds the proposed annexation to C-G is consistent with the proposed MU- COM future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement of the commercial districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. However, the Council consider all oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The 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). Per the above findings, the Council finds the proposed annexation is in the best interest of the City if the applicant enters into a DA with the City and develops the property as outlined in Exhibit B above. Meridian City Council Meeting Agenda February 19, 2019 – Page 120 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 7 G Project File Number: H-2018-0115 Item Title: Findings of Fact, Conclusions of Law for Warrick Subdivision Meeting Notes: (H-2018-0115) by Schultz Development, Located at 2445 E. Amity Rd. LQ I TEM SHEET C ouncil Agenda I tem - 7.G. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for Warrick S ubdivision (H-2018-0115) by Schultz Development, L ocated at 2445 E . Amity Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 2/8/2019 E xhibit Findings/Orders 2/8/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 2/15/2019 - 2:51 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 121 of 476 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0115 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 36.22 Acres of Land with R-4 (19.94 Acres) and R-8 (16.28 Acres) Zoning Districts; and Preliminary Plat Consisting of 125 Building Lots and 19 Common Lots on 36.22 Acres of Land in the R-4 and R-8 Zoning Districts for Warrick Subdivision, by Schultz Development. Case No(s). H-2018-0115 – Warrick Subdivision For the City Council Hearing Date of: February 5, 2019 (Findings on February 19, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 5, 2019, 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 February 19, 2019 – Page 122 of 476 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0115 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 5, 2019, 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 containing the provisions in the Staff Report for the hearing date of February 5, 2019, 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 February 19, 2019 – Page 123 of 476 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0115 - 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 February 5, 2019 Meridian City Council Meeting Agenda February 19, 2019 – Page 124 of 476 By action of the City Council at its regular meeting held on the day of F (1 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED & COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tam Weerd p�QpRATED q �c'Ci Attest: -4 T i �H4V a Coles mi SEAL �-ifv Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:0* -Dated City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0115 - 4 - I�V111CAL EXHIBIT A Page 1 HEARING DATE: 1/2/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0115 Warrick Subdivision LOCATION: 2445 E. Amity Rd. I. PROJECT DESCRIPTION Annexation & zoning of 36.22 acres of land with R-4 (19.94 acres) and R-8 (16.28 acres) zoning districts; and Preliminary Plat consisting of 130 125 building lots and 19 common lots on 36.22 acres of land. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 36.22 Future Land Use Designation LDR (low density residential – 3 or fewer units/acre) Proposed Future Land Use Designation Request for “step” up in density to MDR (medium density residential – 3 to 8 units/acre) without a change to FLUM Existing Land Use Rural residential/agricultural Proposed Land Use(s) SFR (Single-family residential) Current Zoning RUT in Ada County Proposed Zoning R-4 and R-8 Lots (# and type; bldg/common) 149 residential lots – 130 125 building/19 common Phasing plan (# of phases) 4 Number of Residential Units (type of units) 130 125 (SFR attached/detached) Density (gross & net) 3.59/5.7 Open Space (acres, total [%] / buffer / qualified) 5.72 (or 15.8%)/park, Ten Mile Creek with multi-use pathway, micro-path, arterial buffer Amenities Multi-use pathway, swimming pool, clubhouse, benches Meridian City Council Meeting Agenda February 19, 2019 – Page 126 of 476 Page 2 B. Community Metrics Physical Features (waterways, hazards, flood plain, hillside) Ten Mile Creek runs along east boundary Neighborhood meeting date; # of attendees: August 6, 2018; 3 + Applicant History (previous approvals) None Description Details Page Ada County Highway District Staff report (yes/no) Yes Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) access proposed via E. Amity Rd., an arterial street Traffic Level of Service Better than “E” (= acceptable) Stub Street/Interconnectivity/Cross Access Extension of E. Scrubpine St. from the west; stub streets proposed to the south and east for future extension Existing Road Network Public Existing Arterial Sidewalks / Buffers None Proposed Road Improvements Dedicate additional right-of-way (ROW) to total 48’ from centerline of Amity and widen Amity to 17’ from centerline Fire Service Distance to Fire Station 2.2 miles to Fire Station #4 Fire Response Time 4 minutes (under ideal conditions) Resource Reliability 79% (does not meet the targeted goal of 85% or greater) Risk Identification 2 (resources would be adequate to supply service) Accessibility Project meets all required road widths & turnarounds; limited to 30 building permits until a secondary access is completed. Special/resource needs This project will not require an aerial device Water Supply 1,000 gallons per minute for one hour is required Police Service Distance to Police Station 3.5 miles Police Response Time 4+/- minutes Calls for Service 412 between 11/1/2017-10/31/18 (within 1 mile of site) % of calls for service split by priority % of P3 CFS – 0.5% % of P2 CFS – 57.5% % of P1 CFS – 40.8% % of PO CFS – 1.2% Accessibility No issues Specialty/resource needs No additional staffing, equipment or other resources needed Crimes 8 Crashes 0 West Ada School District Distance (elem, ms, hs) Capacity of Schools/# of students currently enrolled Hillsdale Elementary – 650 capacity (751 enrollment); Victory Middle School – 1000 capacity (928 enrollment); Meridian City Council Meeting Agenda February 19, 2019 – Page 127 of 476 Page 3 C. Project Area Maps Mountain View High School – 1800 capacity (2303 enrollment) Wastewater Distance to Sewer Services Sewer Shed Estimated Project Sewer ERU’s WRRF Declining Balance Project Consistent with WW Master Plan/Facility Plan Water Distance to Water Services Pressure Zone Estimated Project Water ERU’s Water Quality Project Consistent with Water Master Plan Impacts/Concerns Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda February 19, 2019 – Page 128 of 476 Page 4 III. APPLICANT INFORMATION A. Applicant: Schultz Development, PO Box 1115, Meridian, ID 83680 B. Owner: Paul Warrick, 2445 E. Amity Rd., Nampa, ID 83642 C. Representative: Matt Schultz, Schultz Development, PO Box 1115, Meridian, ID 83680 IV. PUBLIC HEARING NOTICE DATES Planning & Zoning City Council Legal notice published in newspaper 11/16/2018 Radius notice mailed to properties within 300 feet 11/13/2018 Nextdoor posting 11/13/2018 Public hearing notice sign posted on property 11/21/2018 V. STAFF ANALYSIS A. Future Land Use Map Designation (https://meridiancity.org/planning/files/CompPlan-180220-Web.pdf) The site is designated LDR (Low Density Residential), which allows for the development of single-family homes on large lots where urban services are provided. Uses may include single- family homes at gross densities of 3 dwelling units or less per acre. The Applicant requests a “step” up in density to MDR (Medium Density Residential) without an amendment to the Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family Meridian City Council Meeting Agenda February 19, 2019 – Page 129 of 476 Page 5 homes at gross densities of 3 to 8 dwelling units per acre. The gross density of the proposed development is 3.6 units per acre. In residential areas, the Comprehensive Plan provides for other densities to be considered without requiring an amendment to the FLUM; however, the density can only be changed one “step” (i.e. from low to medium, not low to high). The gross density of the proposed development is 3.6 units per acre which is only 0.6 unit per acre more than allowed in the LDR designation. Staff is amenable to the request as it’s only a slight increase. B. Comprehensive Plan Policies (https://meridiancity.org/planning/files/CompPlan-180220-Web.pdf) “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) “Provide for a wide diversity of housing types (single-family and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03C) “Limit canal tiling and piping of ditches, creeks and drains where public safety issues are not of concern.” (5.01.01D) “Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” (5.01.01E) “Evaluate the need for new residential development to provide permanent perimeter fencing, and fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties.” (3.05.02G) “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02G) “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) “Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A) “Incorporate creek corridors as an amenity in development design.” (5.09.01E) C. Annexation Area: The proposed annexation area is contiguous to City annexed property to the west, south and north and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. D. Existing Structures/Site Improvements: There is one (1) existing home and several accessory structures on this site that will be removed. E. Proposed Use: The applicant proposes to construct (24 125) single-family attached detached dwellings ranging in size from 1,350 2,000 to 1,550 4,000 square feet on the perimeter of the park and along Amity Rd. in the R-4 district; and (106) single-family detached dwellings ranging in size from 1,350 to 4,000 2,200 square feet in the R-8 district. Meridian City Council Meeting Agenda February 19, 2019 – Page 130 of 476 Page 6 Single-family attached dwellings are listed as a principal permitted use in the R-4 zoning district; and single-family detached dwellings are listed as a principal permitted use in the R-4 and R-8 zoning districts per UDC Table 11-2A-2. The proposed attached and detached homes will provide diversity in housing types as desired in the Comprehensive Plan. F. Dimensional Standards (UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 district; and 11-2A-6 for the R-8 district. The proposed lots comply with the dimensional standards of the applicable district, except for the street frontage of Lot 25, Block 4 which should be revised to reflect a minimum 30 foot frontage unless access is to be provided via the common driveway in which case the minimum frontage standard doesn’t apply. Future structures should comply with the minimum setbacks of the district. Lots for attached homes should depict zero lot lines (setbacks) on the interior/shared property line on the preliminary plat. G. Transportation: Per the ACHD report, Amity Rd. is planned to be widened to 5 lanes between Locust Grove Rd. and Eagle Rd. between 2022 and 2026. The proposed development is estimated to generate 1,227 vehicle trips per day; 129 per hour in the PM peak hour, based on the Traffic Impact Study which will function at better than “E” which is an acceptable level of service. A westbound center turn lane is required to be constructed on Amity Rd. at the site access (Fonthill Way). Additional right-of-way is required to be dedicated to total 48 feet from centerline of Amity Rd. and widen the pavement to 17 feet from centerline with a 3-foot wide gravel shoulder abutting the site. Zeller St., which stubs at the east boundary, is required by ACHD to be relocated approximately 375 feet to the south between Lots 11 and 12, Block 7. H. Access (UDC 11-3A-3): One access is proposed via E. Amity Rd., an arterial street; a stub street (i.e. E. Scrubpine St.) at the west boundary is proposed to be extended; and stub streets are proposed to the south and east for future extension in accord with UDC standards. ACHD is requiring the Applicant to submit a road trust for ½ the projected cost of construction of a crossing over the Ten Mile Creek to be constructed when the adjacent property to the east develops. Local streets are proposed for circulation within the development. The proposed access is consistent with Comprehensive Plan action item #3.06.02D and UDC 11- 3A-3 which restricts access points on arterial streets; only one access is proposed via the arterial street (i.e. E. Amity Rd.). I. Common Driveways (UDC 11-6C-3) All common driveways are required to comply with the standards listed in UDC 11-6C-3D. Two common driveways are proposed that comply with UDC standards. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. Meridian City Council Meeting Agenda February 19, 2019 – Page 131 of 476 Page 7 A perpetual ingress/egress easement for the common driveway(s) 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. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. J. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family dwellings based on the number of bedrooms per unit (i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad) in accord with the standards listed in UDC Table 11-3C-6. Two- and three-car garages are proposed with parking pads in front of the garages in accord with UDC standards. K. Pathways (UDC 11-3A-8): Micro-paths between building lots and pathways through the large common area are proposed within the development; and a segment of the City’s multi-use pathway system is proposed along the east boundary of the site adjacent to the Ten Mile Creek. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway along the Ten Mile Creek; coordinate the details of the easement with Kim Warren, Park’s Department. The proposed pathways/sidewalks provide connections to adjacent cities and developments in accord with the Comprehensive Plan and the UDC. L. Sidewalks (UDC 11-3A-17): Detached sidewalks are proposed along E. Amity Rd. and throughout most of the development with only a few segments of attached sidewalks, in accord with UDC standards. M. Parkways (UDC 11-3A-17): Eight-foot wide parkways are proposed throughout most of the development landscaped with Class II trees; parkways are provided to accommodate the required mitigation trees and are not otherwise required. N. Landscaping (UDC 11-3B): A 25-foot wide street buffer is required along E. Amity Rd. as set forth in UDC Table 11-2A-6, landscaped per the standards listed in UDC 11-3B-7C. A 50-foot wide buffer with a 20-foot wide berm is proposed, landscaped in accord with UDC standards and the Comprehensive Plan. Parkways along local streets within the development are proposed consistent with the standards listed in UDC 11-3B-7C. Common open space areas are required to be landscaped in accord with the standards listed in UDC 11-3G-3E as proposed. Landscaping along pathways is required in accord with the standards listed in UDC 11-3B-12C as proposed. Mitigation is required for all existing healthy 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 100% replacement in accord with UDC 11-3B-10C.5. A total of 130 caliper inches of trees are proposed to be removed from the site that requires mitigation. Mitigation calculations are included on the landscape plan in accord with UDC standards; mitigation trees are proposed to be provided within parkways along local streets within the development. Meridian City Council Meeting Agenda February 19, 2019 – Page 132 of 476 Page 8 O. Qualified Open Space (UDC 11-3G): Based on 36.22 acres of land included in the preliminary plat, a minimum of 10% (or 3.62 acres) qualified open space is required; a total of 5.46 acres (or 15%) is proposed consisting of a 2.5 acre park; common area containing pathways; half the street buffer along E. Amity Rd., an arterial street; a 50’ x 100’ (+) common area; and common area with a pond, which exceeds the minimum standards and complies with the Comprehensive Plan. Parkways with detached sidewalks are also proposed within the development to accommodate mitigation trees which adds to the open space beyond what is proposed and depicted on the qualified open space exhibit in Section VII.D. P. Qualified Site Amenities (UDC 11-3G): Based on 36.22 acres of land included in the preliminary plat, a minimum of (2) qualified site amenities are required to be provided. Proposed amenities consist of the following: pedestrian pathways throughout the development and a segment of the City’s multi-use pathway along the Ten Mile Creek corridor, a community swimming pool, clubhouse, a sitting area and additional qualified open space (20,000+ s.f.) above the minimum required from the quality of life, recreation and pedestrian or bicycle circulation system categories. The proposed amenities exceed the minimum required by the UDC and are consistent with the Comprehensive Plan; however, staff recommends children’s play equipment is also provided within the development. A detail of the play equipment should be submitted with the final plat application. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the clubhouse and swimming pool. Q. Waterways (UDC 11-3A-6): The Ten Mile Creek runs along the east boundary of this site. As a natural waterway, it’s required to remain open as a natural amenity and should not be piped or otherwise covered and should be improved and protected with development in accord with the Comprehensive Plan and UDC 11- 3A-6. The Beasley Lateral also crosses this site and is proposed to either be relocated, meander north and west through the site, or diverted completely to the southeast corner pond and the creek; the Applicant is unsure at this time. R. Fencing (UDC 11-3A-6, 11-3A-7): Fencing is proposed within the development as depicted on the landscape plan. Six-foot tall closed vision fencing is proposed at the rear of building lots adjacent to common areas that are entirely visible from streets; and 6-foot tall open vision fencing is proposed adjacent to common areas and pathways that are not entirely visible from streets. There is existing vinyl fencing along the west boundary of the site installed with Whitebark Subdivision; and fencing will be installed along the southern boundary with the adjacent Southern Highlands/Sky Mesa developments. No fencing is proposed between the multi-use pathway and the Ten Mile Creek. The UDC (11-3A-6) states that fencing along natural waterways (i.e. the Ten Mile Creek) shall not prevent access to the waterway; in limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director and/or Public Works Director. Council should determine if a fence is necessary along the creek to preserve public safety. S. Irrigation Easements: Irrigation easements wider than10 feet are required to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area, unless modified by City Council at a Meridian City Council Meeting Agenda February 19, 2019 – Page 133 of 476 Page 9 public hearing with notice to surrounding property owners as set forth in UDC 11-3A-6D; if applicable, compliance is required. T. Open Water Ponds (11-3G-3B.8) An irrigation pond is proposed on Lot 1, Block 7. All ponds with a permanent water level are required to have recirculated water and be maintained such that it doesn’t become a mosquito breeding ground. U. Storm Drainage (UDC 11-3A-18): 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. V. Floodplain A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. W. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B Below for Public Works comments/conditions. Pressure irrigation will be provided by the New York Irrigation District via a new regional pump station for 80 acres in the southeast corner of the site. The Beasley Lateral is proposed to be routed from the north boundary at Sky Mesa to an aerated irrigation storage pond, pump station, and overflow to the Ten Mile Creek at that location per the Applicant’s narrative. X. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations and photos were submitted for future attached and detached homes within the development, single-story and 2-stories in height, and the proposed clubhouse based on existing and proposed elevations from Berkeley Building Company included in Section VII.E. Building materials consist of a mix of materials varying from different types/styles of siding to stucco with stone veneer accents (see Exhibit F in Section VII.) The clubhouse and single-family attached dwellings are is required to comply with the design standards in the Architectural Standards Manual per UDC 11-5B-8B; detached homes are exempt from this requirement. Because the rear and/or sides of 2-story homes will be highly visible from the arterial street (i.e. E. Amity Rd.), staff recommends articulation is incorporated through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. VI. DECISION A. Staff: The proposed development exceeds UDC standards for qualified open space and site amenities, proposes a desirable mix in housing types and is consistent with the Comprehensive Plan and Meridian City Council Meeting Agenda February 19, 2019 – Page 134 of 476 Page 10 UDC standards. Therefore, Staff recommends approval of the proposed AZ and PP applications with a “step” up in density as requested by the Applicant in accord with the Findings in Section IX. B. Commission: The Meridian Planning & Zoning Commission heard these items on December 6, 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: Matt Schultz, Applicant’s Representative; Steven Stark ii. In opposition: None iii. Commenting: Kathy Stark iv. Written testimony: Matt Schultz v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Opinion that attached homes are not appropriate for this development; ii. Concern by the Stark’s pertaining to floodplain on their property resulting from changes to the site and an increase in the water level of the Ten Mile Creek; request for an off-site condition requiring the size of the culvert to be increased underneath the bike path to equal that of the culvert going underneath Amity. c. Key Issues of Discussion by Commission: i. The requirement for a children’s play structure to be provided within the development. d. Commission Change(s) to Staff Recommendation: i. The Commission removed the requirement for children’s play equipment to be provided within the development (see VIII, A.1d and A.5). e. Outstanding Issue(s) for City Council: i. The Applicant requests Council approval of a “step” up in density from LDR to MDR for a proposed density of 3.6 units per acre. C. City Council The Meridian City Council heard these items on February 5, 2019. At the public hearing, the Council approved the subject AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz, Applicant’s Representative; Joe Atalla; Roger Warrick ii. In opposition: Susan Karnes, Southern Rim Coalition iii. Commenting: Steven Stark, Kathy Stark iv. Written testimony: Bill Prolsdorfer, Elise Poulson, Lisa Nomura, Susan Karnes, Susanna Bohlman, David Palumbo, Steven & Kathy Stark v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Against requested step up in density to MDR from LDR; ii. Mr. Stark would like two existing culverts replaced with development of the site. iii. Concern pertaining to overcrowding in area schools. c. Key Issues of Discussion by Council: i. The requested step up in density from LDR to MDR; ii. The high quality of the amenity package and common area proposed. Meridian City Council Meeting Agenda February 19, 2019 – Page 135 of 476 Page 11 d. Key Council Changes to Commission Recommendation i. Modify condition #A.1d in Section III to include children’s play equipment as a required site amenity; ii. Delete condition #A.2c in Section III that requires zero lot lines to be depicted on the plat where attached homes are proposed since attached homes are no longer proposed; iii. Delete condition A.9 in Section III that requires single-family attached units to comply with design standards as attached units are no longer proposed. iv. Modify condition #A.10 in Section III to update the lot numbers consistent with the revised plat. v. Include a condition requiring the Applicant to replace the two existing culverts referenced by Mr. and Mrs. Stark as agreed upon at the Commission hearing by the Applicant (see DA provision #A.1e in Section VIII). vi. Add a DA provision allowing the developer to obtain one (1) building permit for the construction of the clubhouse prior to the subdivision being recorded (see DA provision #A.1f. in Section VIII). Meridian City Council Meeting Agenda February 19, 2019 – Page 136 of 476 Page 12 VII. EXHIBITS A. Legal Description & Exhibit Map for Annexation and Zoning Boundary Meridian City Council Meeting Agenda February 19, 2019 – Page 137 of 476 Page 13 Meridian City Council Meeting Agenda February 19, 2019 – Page 138 of 476 Page 14 Meridian City Council Meeting Agenda February 19, 2019 – Page 139 of 476 Page 15 Meridian City Council Meeting Agenda February 19, 2019 – Page 140 of 476 Page 16 Meridian City Council Meeting Agenda February 19, 2019 – Page 141 of 476 Page 17 Meridian City Council Meeting Agenda February 19, 2019 – Page 142 of 476 Page 18 Meridian City Council Meeting Agenda February 19, 2019 – Page 143 of 476 Page 19 B. Preliminary Plat (dated: 10/2/2018 1/14/2019) C. Landscape Plan (date: 10/3/2018 1/14/19) Meridian City Council Meeting Agenda February 19, 2019 – Page 144 of 476 Page 20 Meridian City Council Meeting Agenda February 19, 2019 – Page 145 of 476 Page 21 D. Qualified Open Space Exhibit (date: 10/24/2018 1/14/19) & Site Amenities Meridian City Council Meeting Agenda February 19, 2019 – Page 146 of 476 Page 22 Meridian City Council Meeting Agenda February 19, 2019 – Page 147 of 476 Page 23 E. Conceptual Building Elevations Meridian City Council Meeting Agenda February 19, 2019 – Page 148 of 476 Page 24 Meridian City Council Meeting Agenda February 19, 2019 – Page 149 of 476 Page 25 Meridian City Council Meeting Agenda February 19, 2019 – Page 150 of 476 Page 26 Meridian City Council Meeting Agenda February 19, 2019 – Page 151 of 476 Page 27 Meridian City Council Meeting Agenda February 19, 2019 – Page 152 of 476 Page 28 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations included in Section VII and the provisions contained herein. b. The Ten Mile Creek shall remain open as a natural amenity and not be piped or otherwise covered and shall be improved and protected with development. c. A minimum of 5.46 acres (or 15% of the site) of qualified open space shall be provided within the development consisting of a 2.5 acre park; common area containing pathways; half the street buffer along E. Amity Rd., an arterial street; a 50’ x 100’ (+) common area; and common area with a pond. d. At a minimum, site amenities shall be provided within the development consisting of pedestrian pathways throughout the subdivision and a segment of the City’s multi-use pathway along the Ten Mile Creek corridor, a community swimming pool, clubhouse, children’s play equipment, a sitting area and additional qualified open space (20,000+ s.f.) above the minimum required from the quality of life, recreation and pedestrian or bicycle circulation system categories. e. The Developer shall replace the existing culvert on E. Amity Rd. and the culvert downstream to reduce the floodplain to the banks of the Ten Mile Creek as requested by Mr. and Mrs. Stark and agreed upon by the Applicant with development of the site. f. The Developer is allowed one (1) building permit for construction of the clubhouse prior to recordation of the subdivision plat. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. Lot 25, Block 4 shall have a minimum 30-foot wide street frontage unless access is to be provided via the common driveway. b. Relocate E. Zeller St. to the south approximately 375 feet as required by ACHD. c. Depict zero lot lines on the interior/shared lot lines where attached units are proposed. 3. The landscape plan included in Section VII.C shall be revised as follows: a. Relocate E. Zeller St. to the south approximately 375 feet as required by ACHD. Meridian City Council Meeting Agenda February 19, 2019 – Page 153 of 476 Page 29 4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway along the Ten Mile Creek prior to City Engineer signature on the final plat for the phase in which it is located; coordinate the details of the easement with Kim Warren, Park’s Department. 5. A detail of the tot lot play equipment shall be submitted with the final plat application. 6. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 7. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 8. An irrigation pond is proposed on Lot 1, Block 7. All ponds with a permanent water level are required to have recirculated water and be maintained such that it doesn’t become a mosquito breeding ground in accord with UDC 11-3G-3B.8. 9. All single-family attached dwellings are required to comply with the design standards in the Architectural Standards Manual per UDC 11-5B-8B; an application for Design Review is required to be submitted and approved for all single-family attached dwellings prior to application for building permits. 10. The rear and/or sides of 2-story homes on Lots 2-85 and 7, Block 1 and Lots 2-3, Block 2 that are visible from the arterial street (i.e. E. Amity Rd.) are required to incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step- backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the public street. Single-story structures are exempt from this requirement 11. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division and approved prior to application for building permits for the clubhouse and swimming pool. B. PUBLIC WORKS DEPARTMENT 1 Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 As proposed, the water distribution network can supply 1,500 gpm flow at build-out. Each phase will need to be modeled individually at the time of platting. 1.3 Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. Meridian City Council Meeting Agenda February 19, 2019 – Page 154 of 476 Page 30 2 General Conditions of Approval 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 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. 2.3 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. 2.4 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. 2.5 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. 2.6 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. 2.7 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. 2.8 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 155 of 476 Page 31 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. 2.10 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. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 156 of 476 Page 32 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. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/157339/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/158583/Page1.aspx E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/158321/Page1.aspx F. BOISE PROJECT BOARD OF CONTROL http://weblink.meridiancity.org/weblink8/0/doc/157941/Page1.aspx G. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/157492/Page1.aspx H. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/157866/Page1.aspx I. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/157711/Page1.aspx J. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/weblink8/0/doc/157975/Page1.aspx K. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/158582/Page1.aspx IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to annex the subject 36.22 acres of land with R-4 and R-8 zoning districts and to develop 130 125 new single-family residential homes. The City Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan with approval of a “step” up in density from LDR to MDR as proposed by the Applicant. (see Meridian City Council Meeting Agenda February 19, 2019 – Page 157 of 476 Page 33 section VII above for more information). 2. 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 and R-8 zoning districts is consistent with the purpose statement for the residential districts as detailed in Section VIII above. 3. 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. 4. 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 the adverse impact upon the delivery of services by any political subdivision providing public services within the City. 5. The annexation (as applicable) is in the best interest of city. The City Council finds that the annexation of the site is in the best interest of the City. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) 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. 2. 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.) 3. 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 158 of 476 Page 34 4. 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 provided from public service providers (i.e., Police, Fire, ACHD, etc.). (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property that would be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda February 19, 2019 – Page 159 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 7 H Project File Number: H-2018-0107 Item Title: Findings of Fact, Conclusions of Law for Alicia Court Subdivision Meeting Notes: (H-2018-0107) by Riley Planning Services, Located at 4036 E. Granger Ave. I TEM SHEET C ouncil Agenda I tem - 7.H. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for Alicia Court S ubdivision (H-2018- 0107) by Riley Planning Services, L ocated at 4036 E . Granger Ave. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 2/14/2019 E xhibit A E xhibit 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/14/2019 - 4:01 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 160 of 476 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0107 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Preliminary Plat Consisting of 6 Single Family Residential Lots and 2 Common Lots on 3.08 Acres of Land in an R-4 District, by Riley Planning Services. Case No(s). H-2018-0107 For the City Council Hearing Date of: February 5, 2019 (Findings on February 19, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 5, 2019, 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 February 19, 2019 – Page 161 of 476 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0107 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 5, 2019, 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 Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 5, 2019, 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). 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 February 5, 2019. Meridian City Council Meeting Agenda February 19, 2019 – Page 162 of 476 By action of the City Council at its regular meeting held on the day of r w r , 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED--- (TIE OTED'— (TIE BREAKER) Mayor Ta m de Weerd o�QDFtP'TED g4 L, m�ISOH0 SEAL / Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: P�m0Dated: '9 -/9 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0107 -3 - a 11 6c, ccur-l-- EXHIBIT A Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 2/5/2019 TO: City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager, 208-887-2211 SUBJECT: H-2018-0107 ALICIA COURT SUBDIVISION PROPERTY LOCATION: 4036 E. Granger Avenue I. PROJECT DESCRIPTION The applicant, Riley Planning Services, has submitted an application for a preliminary plat consisting of 6 single-family building lots and 2 common lots on 3.084 acres of land in the R-4 zoning district; II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.08 Future Land Use Designation MDR (Medium-Density Residential) Existing Land Use Single-family home Proposed Land Use(s) Multiple single-family dwellings Current Zoning R-4 (Medium Low-Density Residential) Proposed Zoning R-4 (Medium Low-Density Residential) Lots (# and type; bldg/common) 6 single-family, 2 common Phasing plan (# of phases) Single Phase Number of Residential Units (type of units) 6 single-family units Density (gross & net) 2.277 net density Open Space (acres, total [%] / buffer / qualified) None required Amenities None required Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: July 12, 2018 with 7 people in attendance Meridian City Council Meeting Agenda February 19, 2019 – Page 164 of 476 Page 2 Description Details Page History (previous approvals) Annexed into the city in 2003 as part of Redfeather Estates Subdivision No. 2 (AZ-03-021; PP-03-024; FP-06-041) B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) Yes 11 Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One access to W. Alicia Street, a local roadway 4 Traffic Level of Service Cloverdale Road – F, Granger Avenue – better than D 11 Stub Street/Interconnectivity/Cross Access None Existing Road Network NA Existing Arterial Sidewalks / Buffers NA Proposed Road Improvements ACHD is requiring a public street extension of W. Alicia Street. 11 Fire Service Distance to Fire Station Not Provided Fire Response Time 5 minutes 11 Resource Reliability 74%, does not meet the target of 85% 11 Risk Identification 1, meaning current resources would be adequate to supply service. 11 Accessibility Roadway access, traffic 11 Special/resource needs An aerial device will not be required. 11 Water Supply 1000 gallons per minute 11 Other Resources C. Project Area Maps Future Land Use Map Aerial Map Meridian City Council Meeting Agenda February 19, 2019 – Page 165 of 476 Page 3 Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant Penelope Riley, Riley Planning Services B. Owner: Wood Family Trust C. Representative: Penelope Riley, Riley Planning Services IV. NOTICING A. Newspaper notification published on: 1/4/2019 B. Radius notice mailed to properties within 300 feet on: 1/7/2019 C. Applicant posted notice on site on: 1/24/2019 D. Nextdoor posting: 1/7/2019 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 applicant proposes to develop the site with 6 single-family residential lots and 2 common lots. The gross density of the proposed plat is 1.94 d.u. per acre with a net density of 2.277 d.u. per acre, which falls below the target density of the MDR designation. The applicant will need to request a “step down” in density in order for the proposed development to be compatible with the Comprehensive Plan designation of Medium Density Residential. Staff is of the opinion that the proposed density is appropriate for the area and with a request to “step-down” in density, is compatible with adjacent uses and zoning. All adjacent residential uses are zoned R-4, and this would Meridian City Council Meeting Agenda February 19, 2019 – Page 166 of 476 Page 4 be consistent not only with the surrounding neighborhoods, but also with the comprehensive plan. A. Comprehensive Plan Policies: Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use: “Support a variety of residential categories (low-, medium-, medium-high and high-density single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium low density development with single-family detached homes will contribute to the variety of housing types in this area. Staff is unaware of how “affordable” the homes will be. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The existing home on the subject property is proposing to maintain their current access to E. Granger Avenue as part of the development; E. Granger is designated as a residential collector. UDC 11-3A-3 requires that any subdivision provide local street access to any use that currently takes access from a collector or arterial roadway. The applicant will need to request a Council waiver in order to keep the direct access to E. Granger Avenue for Lot 1, Block 1. “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) Because this site is under 5 acres in size, the UDC (11-3G-3) does not require open space to be provided within the development. “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) The applicant is providing a pedestrian/access pathway from the common driveway out to E. Granger Avenue. The pedestrian/access pathway shall be placed in a 30 foot common lot. “Encourage infill development.” (3.01.02B) The proposed subdivision is surrounded by existing residential developments and is the definition of infill development. Utilities exist in adjacent streets, there is a stub street to the parcel, sidewalks exist along E. Granger Avenue, etc. B. Existing Structures/Site Improvements: There is an existing home and accessory structure that are to remain as part of this project. The existing home and accessory structure will be located on the proposed Lot 1, Block 1. 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 district. Staff has reviewed the plat to ensure compliance with the UDC and has determined that it does. Meridian City Council Meeting Agenda February 19, 2019 – Page 167 of 476 Page 5 The minimum lot sizes for a parcel in the R-4 district 8,000 square feet with 60 feet of frontage if the parcel fronts on a local street and 30 feet of frontage if the parcel fronts on a common driveway. D. Access: Access to the site is from the extension of W. Alicia Street. The applicant is proposing to construct a common driveway to access five (5) of the six (6) lots. The common driveway is proposed to be large enough to accommodate a fire department turnaround. The existing home on Lot 1, Block 1 will keep their direct access to E. Granger Avenue as part of this project. The applicant is seeking a council waiver to allow the existing home to maintain access in accord with UDC 11-3A-3. If Council does not provide an access waiver for Lot 1, Block 1, the applicant will need to redesign their plat to provide local street access to Lot 1, Block 1. E. Sidewalks/Parkways: The UDC 11-3A-17 requires detached sidewalks along arterial and collector roadways. A detached sidewalk was constructed with the Redfeather Estates No. 2 Subdivision. No new sidewalk will be required as part of this application. F. Pathway/Access Drive: The applicant is proposing a pathway from E. Granger Avenue to the common driveway that is proposed for the project. This pathway will serve a dual purpose; it will provide pedestrian connectivity for the proposed residences and provide an access drive for the City to perform maintenance of the utility mains within the proposed 30 foot utility easement. The proposed pathway has a 90 degree turn in its path and as such will have a blind spot for police and other in ensuring public safety. Staff is of the opinion that the applicant should place the pathway and utilities between Lots 3 and 4 of Block 1. This will eliminate the 90 degree turn in the pathway and as such eliminate the public safety concern. Additionally the common lot should match the utility easement in width. The entire easement should be placed within the common lot. Lastly, the applicant should vegetate the pathway/access drive on both sides with shrubs and ground cover. G. Landscaping UDC 11-2A-5 requires a 20 foot landscape buffer along E. Granger Avenue. There is an existing landscape buffer that was installed with the Redfeather Estates No. 2. The 20 foot landscape buffer was placed in an easement with the approval of the Redfeather Estates No. 2. UDC 11-3B-7 requires that all street landscape buffers be placed in a common lot that is owned and maintained by the home owner’s association. The 20 foot width of the landscape buffer is not maintained across the entire frontage of the property. The applicant will be required to add the necessary width to meet the requirements of UDC 11-2A-5. Meridian City Council Meeting Agenda February 19, 2019 – Page 168 of 476 Page 6 As noted above, the applicant is not proposing to make any changes to the existing landscape buffer in width or in planting materials. The applicant shall place the entire 20 foot landscape buffer within a common lot to be owned and maintained by the home owner’s association and shall ensure that the planting materials meet the requirements of UDC 11-3B-7. A previous approval with Redfeather Estates No. 2, allowed the applicant to place the 20 foot landscape buffer along E. Granger in a landscape easement instead of the otherwise required 20 foot common lot. The applicant is requesting that the previous approval be honored and that they not be required to place the landscape buffer in a common lot with this development. H. Qualified Open Space/Site Amenities: UDC 11-3G-2 does not require open space or amenities for developments under 5 acres in size. The applicant is proposing to develop a parcel that is 3.084 acres in size and as such open space and amenities are not required. I. Common Drive: The applicant is proposing a common driveway for the development to provide access for five (5) of the (6) proposed home in the development. The common driveway is extended from a current stub street (Alicia Street) from the east. ACHD in their staff report is requiring the applicant to extend the public street in place of the proposed common driveway, to terminate in a cul-de-sac, and to extend the sidewalk around the cul-de-sac. The applicant shall either revise their plat to meet the requirements of ACHD, or shall receive approval from their commission to keep the plat as proposed. For all common driveways, 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. With the final plat application, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures on all common lots. J. Fencing: There is existing fencing along the frontage of E. Granger Avenue that is proposed to remain as part of the development. UDC 11-3A-7 requires that the fencing be located outside of the 20 foot easement in this case. The provided landscape plan shows a portion of the existing fencing within 10 feet of the existing property line. The applicant shall move the fencing outside of the recorded landscape easement as show on the recorded plat for Redfeather Estates No.2 or apply and receive approval for alternative compliance to vary from the standards set forth in the UDC. Additionally, the applicant shall provide fencing along the pathway/access road as provided in UDC 11-3A-7. Meridian City Council Meeting Agenda February 19, 2019 – Page 169 of 476 Page 7 K. Utilities: 1. Location of sewer: Sanitary sewer service is available to this property from the existing sanitary sewer main line in the intersection of E. Granger Drive and N. Grenadier Way. 2. Location of water: Domestic water service is available to this property from the existing water main line in N. Grenadier Way. 3. Issues or concerns: None L. Elevations: The provided elevations include a mixture of materials including stone, stucco, lap siding and architectural shingles and provide visual interest on the elevations provided. The applicant should ensure that the elevations that face E. Granger Avenue provide architectural interest. VI. DECISION A. Staff: Staff recommends approval of the proposed preliminary plat with the provisions in Section VIII of this report. B. Commission: The Meridian Planning & Zoning Commission heard this item on December 20, 2018. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Penelope Constantikes ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Realignment of the pathway/utility common lot ii. Construction material (decomposed granite vs. asphalt) for the pathway/maintenance road. d. Commission Change(s) to Staff Recommendation: i. Struck site specific condition of approval 1.a. ii. Modify site specific condition of approval 1.b. to allow the pathway common lot to remain in the location as proposed by the applicant (see Exhibit VII.D.). iii. Site specific condition of approval 1.g., Commission recommended the Council grant the access waiver to allow the existing home on Lot 1, Block 1 to continue taking access from E. Granger Ave. iv. Site specific condition of approval 1.h., Commission supported the request for the step down in density. v. Modify site specific condition of approval 2.b. to allow the maintenance road/pathway to be constructed of decomposed granite instead of asphalt. e. Outstanding Issue(s) for City Council: Meridian City Council Meeting Agenda February 19, 2019 – Page 170 of 476 Page 8 i. Approved the request of the step down in density from MDR to LDR. ii. Allow existing home on Lot 1, Block 1 to continue to access E. Granger St. The Meridian City Council heard this item on February 5, 2019. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Penelope Constantikes ii. In opposition: None iii. Commenting: None 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. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. Council granted the existing home on Lot 1, Block 1 to continue the use of the existing access to E. Granger St. ii. Council approved the step down in density from MDR to LDR. Meridian City Council Meeting Agenda February 19, 2019 – Page 171 of 476 Page 9 VII. EXHIBITS A. Site Plan Meridian City Council Meeting Agenda February 19, 2019 – Page 172 of 476 Page 10 B. Landscape Plan Meridian City Council Meeting Agenda February 19, 2019 – Page 173 of 476 Page 11 C. Architectural Elevations Meridian City Council Meeting Agenda February 19, 2019 – Page 174 of 476 Page 12 Meridian City Council Meeting Agenda February 19, 2019 – Page 175 of 476 Page 13 D. Alicia Court Common Lot Exhibit Meridian City Council Meeting Agenda February 19, 2019 – Page 176 of 476 Page 14 VIII. CITY/AGENCY COMMENTS A. Planning Division Comments/Site Specific Conditions of Approval 1. The preliminary plat included in Exhibit A, dated 10/01/2018, shall be revised as follows: a. Place the pathway and utilities between Lots 3 and 4 of Block 1. This will eliminate the 90 degree turn in the pathway and as such eliminate the public safety concern. b. The pathway width shall match the utility easement in width. The entire easement shall be placed within a 30 foot wide common lot. The pathway/common lot shall be constructed per the rendering shown in Exhibit VII.D. c. For all common driveways, 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. d. With the final plat application, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures on all common lots. e. The applicant shall either revise the plat to meet the requirements of ACHD or receive approval from ACHD’s commission to keep Alicia Court as a common driveway as proposed. f. The existing structures (home and accessory structure on Lot 1, Block 1) that are proposed to remain on lots in the subdivision shall comply with the building setback requirements listed in UDC Table 11-2A-5. The garage will serve as an accessory structure to the future home and shall not be used as a residence. g. The applicant shall redesign their plat so that the home on Lot 1, Block 1 takes access from a local street, or they receive a Council granted the waiver to allow the existing home on Lot 1, Block 1, keep the direct access to E. Granger Avenue as proposed. h. The applicant Council shall approved the request for the “step down” in density in order for the proposed development to be compatible with the Comprehensive Plan designation of Medium Density Residential. i. Because the rear and/or sides of 2-story homes constructed on lots that abut E. Granger Avenue, a collector street, will be highly visible, these elevations should incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the adjacent public street. Single-story structures are exempt from this requirement. j. Prior to receiving a building permit, the Planning division shall review the building plans for any home that backs up to E. Granger Avenue to verify that there is modulation in the homes. 2. The landscape plan included in Exhibit B, dated 7/20/2018, shall be revised as follows: a. The applicant shall provide a 5 foot wide landscape buffer on either side of the pathway/access drive and shall vegetate it with shrubs and ground cover. Meridian City Council Meeting Agenda February 19, 2019 – Page 177 of 476 Page 15 b. The pathway/ access drive shall be paved with asphalt decomposed granite as proposed in order to provide for a pedestrian access as well as an access for the Public Works department. c. The applicant shall provide a 20 foot landscape buffer along the entire frontage of E. Granger Avenue. d. The applicant shall place the entire 20 foot landscape buffer along E. Granger Avenue within a common lot to be owned and maintained by the home owner’s association and shall ensure that the planting materials meet the requirements of UDC 11-3B-7. e. The provided landscape plan shows a portion of the existing fencing within 10 feet of the existing property line. The applicant shall move the fencing outside of the recorded landscape easement as show on the recorded plat for Redfeather Estates No.2 or apply and receive approval for alternative compliance to vary from the standards set forth in the UDC. f. If any of the existing trees on the site are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site should be noted on the plan. General Conditions of Approval a. Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2A-5. b. Comply with all provisions of 11-3A-3 with regard to access to streets. c. Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. d. 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. e. Comply with the sidewalk standards as set forth in UDC 11-3A-17. f. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11- 3B-5J. g. Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. h. Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. i. 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. j. 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. k. Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Ongoing Conditions of Approval Meridian City Council Meeting Agenda February 19, 2019 – Page 178 of 476 Page 16 a. 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. b. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. c. The project is subject to all current City of Meridian ordinances. d. 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. e. The applicant homeowner’s association shall have an ongoing obligation to maintain all pathways. f. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. g. 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. Process Conditions of Approval a. 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. b. 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. c. The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. d. 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). e. 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. f. 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. B. Public Works Department 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2. General Conditions of Approval 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 Meridian City Council Meeting Agenda February 19, 2019 – Page 179 of 476 Page 17 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 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. 2.3 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. 2.4 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. 2.5 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. 2.6 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. 2.7 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. 2.8 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. 2.9 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. 2.10A 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 180 of 476 Page 18 2.11All 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. 2.12Applicant 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. 2.13It 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. 2.14Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18The 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. 2.19The 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. 2.20At 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. 2.21A 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. 2.22The 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. 2.23The 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 181 of 476 Page 19 C. Meridian Fire Department: http://weblink.meridiancity.org/weblink8/0/doc/157208/Page1.aspx D. Department of Environmental Quality (DEQ): http://weblink.meridiancity.org/weblink8/0/doc/156945/Page1.aspx E. Idaho Transportation Department (ITD): http://weblink.meridiancity.org/weblink8/0/doc/157287/Page1.aspx F. Ada County Highway District (ACHD): http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=157770 G. Central District Health Department (CDHD): http://weblink.meridiancity.org/weblink8/0/doc/156404/Page1.aspx H. Nampa & Meridian Irrigation District (NMID): http://weblink.meridiancity.org/weblink8/0/doc/157311/Page1.aspx Meridian City Council Meeting Agenda February 19, 2019 – Page 182 of 476 Page 20 IX. FINDINGS Preliminary Plat In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat and the step down in density from MDR and LDR is in substantial compliance with the adopted Comprehensive Plan in regard to land use; if the applicant complies with the conditions included in this report, the proposed plat should be consistent with the transportation and circulation goals. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the 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 Council relied upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD and ITD consider road safety issues in their analyses. The Council considered all public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff and Commission is unaware. f. The development preserves significant natural, scenic or historic features. The Council is not aware of any significant natural, scenic or historic features on this site that need to be preserved. Meridian City Council Meeting Agenda February 19, 2019 – Page 183 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 71 Project File Number: Item Title: Acceptance Agreements for Display of Artwork in Initial Point Gallery Meeting Notes: 1. Patrick Robinson, April 2019 2. Janet Sturgill, July- August 2019 3. Art Source Gallery, November 2019 I TEM SHEET C ouncil Agenda I tem - 7.I . Presenter: Hillary Blackstone Estimated Time f or P resentation: 0 Title of I tem - Acceptance Agr eements for D isplay of Artwork in Initial P oint Gallery T hree of about five remaining artist agreements for the gallery f or 2019 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I P G Robinson A greements / C ontracts 2/14/2019 I P G S turgill A greements / C ontracts 2/14/2019 I P G Art Source A greements / C ontracts 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.B aird, Ted Approved 2/14/2019 - 4:41 P M Clerk.Watts, K eith Approved 2/14/2019 - 5:32 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 184 of 476 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the l' day of F WRu , 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Patrick Robinson, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission") recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on 3/29/2019, at such time as is specified by the Gallery Curator. Artist shall be responsible for hanging such artwork on 3/29/2019, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from 3/29/2019 through 4/25/2019, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on 4/26/2019, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty (30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. Meridian City Council Meeting Agenda February 19, 2019 – Page 186 of 476 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to Meridian City Council Meeting Agenda February 19, 2019 – Page 187 of 476 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an Meridian City Council Meeting Agenda February 19, 2019 – Page 188 of 476 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Patrick Robinson Hillary Blackstone 13388 W. Rochester St. Initial Point Gallery Curator Boise, ID 83713 33 E. Broadway Ave. Meridian ID 83642 Meridian City Council Meeting Agenda February 19, 2019 – Page 189 of 476 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. CITY OF MERIDIAN: BY: Tammy eerd, Mayor Attest: y Col , City erlc ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the _ff day of FjhnO,rU, 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Janet Sturgill, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission") recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on 5/31/2019, at such time as is specified by the Gallery Curator. Artist shall be responsible for hanging such artwork on 5/31/2019, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from 5/31/2019 through 8/1/2019, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on 8/2/2019, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty (30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. Meridian City Council Meeting Agenda February 19, 2019 – Page 192 of 476 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to Meridian City Council Meeting Agenda February 19, 2019 – Page 193 of 476 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an Meridian City Council Meeting Agenda February 19, 2019 – Page 194 of 476 employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. NonDiscrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement_ This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, -modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction"to be illegal, invalid, or unenforceable, the remaindcr ofthis Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notices Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: CAW Janet Sturgill Hillary Blackstone Lige -yl. -f1• Initial Point Galley Curator 33 E. Broadway Ave., Meridian ID 83642 ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5 Meridian City Council Meeting Agenda February 19, 2019 – Page 195 of 476 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the Iq`'l day of , 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organ d under the laws of the State of Idaho ("City"), and Betty Hayzlett ("Organizer"), on behalf of Art Source Gallery ("Organization"). (City and Organizer may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission") recommends to the Meridian City Council. that Artist's artwork be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that. Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Organizer shall deliver artwork to Initial Point. Gallery, on November 1, 2019, at such time as is specified by the Gallery Curator. Organizer shall be responsible for installing such artwork on November 1, 2019 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 1, 2019.through December 5, 2019, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 6, 2019, at such time as is specified by the Gallery Curator, In addition to the cases provided by City, Organizer may elect to use panels to display the artwork. Organizer shall provide and set up such panels, and shall utilize such materials necessary to protect City .facilities and all persons from any and all damage or injury therefrom. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer and Organization shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE 9 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of artwork; any transaction related to the sale of artwork shall be handled solely by Organizer. Organizer acknowledges the Commission’s request that artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Organizer shall provide services described in this Agreement in a timely manner, as described herein. Organizer acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. Organizer shall be responsible for contacting the Gallery Curator between September 1, 2019 and October 1, 2019 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Organizer’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. Meridian City Council Meeting Agenda February 19, 2019 – Page 198 of 476 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 V. DISPLAY. A. Original artwork. Organizer warrants that any and all artwork provided by Organizer for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Organizer shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of names. Organizer hereby conveys to City permission to use Organization’s and its members’ names for purposes of advertising, marketing, and public information, without violation of Organization’s or its members’ rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization’s logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City’s name. City hereby conveys to Organization permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that neither Organizer nor its members shall use City’s logo for any purpose without the express, written permission of the Mayor’s Executive Assistant. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one artist or organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer, Organization, and Organization’s members, shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused Meridian City Council Meeting Agenda February 19, 2019 – Page 199 of 476 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 or incurred by Organizer, Organization, Organization’s members, or such parties’ volunteers, servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organizer’s or Organization’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Organization’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization’s or its members’ persons, property, or interests; and/or of the Organization’s or its members’ employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as may be required in order to protect those parties’ insurable interests for their rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Organization shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Organizer, Organization, or any of its members have failed to comply with or are in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer. C. Termination upon death or incapacity of Organizer. This Agreement shall automatically terminate upon the death or incapacity of Organizer. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. Meridian City Council Meeting Agenda February 19, 2019 – Page 200 of 476 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Organizer, Organization, and Organization’s members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization’s members are employees of City. Organizer, Organization, and Organization’s members shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer, Organization, and Organization’s members shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor Organization shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Organization shall not subcontract or assign any of Organization’s obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda February 19, 2019 – Page 201 of 476 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be' in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Organizer: Betty Hayzlctt, President Art Source Gallery 1015 Main Street Boise ID 83702 City: Hillary Blackstone Arts & Culture Specialist 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of Organization and of each and all of its members, Organizer further warrants that Organizer is authorized to bind Organization and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members and principals. K. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ORGANIZER: Betty Hayz tt, Pre M ent Art Source Gallery CITY OF ME IAN: n BY: ; I��j�?%L �- ORATED st: Tammy de e d, Mayor 00- \0oo Gs�. Jay Coles, City Clerk of jD m �o ANS SEH, AL ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 9 City Council Regular Meeting February 19, 2019 Agenda Item Number: 7 J Project File Number: Item Title: Resolution 19-2129 Meeting Notes: Approving Sixth Lease Amendment for Lease of Room at Meridian Police Station to Idaho Department of Correction 9 I TEM SHEET C ouncil Agenda I tem - 7.J . Presenter: J eff Lavey Estimated Time f or P resentation: 1 minute Title of I tem - Resolution No. 19-2129: Approving Sixth Lease Amendment for L ease of Room at M eridian P olice Station to Idaho Department of C orrection C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Reso to L ease to P&P Resolution 2/13/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 2/14/2019 - 11:23 A M L egal.B aird, Ted Approved 2/14/2019 - 4:51 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 203 of 476 CITY OF MERIDIAN RESOLUTION NO. 19-2129 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER A RESOLUTION APPROVING AN EXTENSION OF THE LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE STATE OF IDAHO, BY AND THROUGH THE DEPARTMENT OF CORRECTION, FOR A ROOM AT THE MERIDIAN POLICE STATION, 1401 EAST WATERTOWER STREET, MERIDIAN IDAHO, TO BE USED FOR PROBATION AND PAROLE OPERATIONS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has a room at the Meridian Police station that is currently leased to the State of Idaho, by and through the Department of Correction; and, WHEREAS, the City of Meridian has no immediate plans to use the room for City business and the State of Idaho desires to renew the lease for an additional three years; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. The room in the Meridian Police station described in the June 24, 2002 Lease Agreement for Space, entered into by the State of Idaho and the City of Meridian, is not otherwise needed for City purposes. Section 2. That the terms of the Sixth Lease Amendment between the State of Idaho and the City of Meridian, executed contemporaneously herewith, are just and equitable, and the same is hereby approved as to both form and content Section 3. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and attest said Sixth Lease Amendment for and on behalf of the City of Meridian. Section 4. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 19th day of February, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 19th day of February, 2019. APPROVED: or T de Weerd ATTEST: Go�PORaTOf E�q�cG 0 By: lDjA W . y Coles, City Clerk RESOLUTION APPROVING SIXTH LEASE AMENDMENT BETWEEN — OF IDAHO _ ITY OF MERIDIAN Page I of 1 City Council Regular Meeting February 19, 2019 Agenda Item Number: 7 K Project File Number: Item Title: Sixth Lease Amendment Between Idaho Department of Correction and City of Meridian Meeting Notes: c✓ I TEM SHEET C ouncil Agenda I tem - 7.K . Presenter: Estimated Time f or P resentation: Title of I tem - Sixth Lease Amendment B etween Idaho D epartment of C orrection and City of M eridian C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate L ease A mendment E xhibit 2/11/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.B aird, Ted Approved 2/14/2019 - 4:50 P M Clerk.Watts, K eith Approved 2/14/2019 - 5:43 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 205 of 476 SIXTH LEASE AMENDMENT This SIXTH LEASE AMENDMENT is made and entered into this W. day of' 2019, by and between the City of Meridian, a municipal corporation organized under the laws of the State daho ("Lessor") and the State of Idaho, by and through the Department of Correction ("Lessee"). (Lessor and Lessee may hereinafter be collectively referred to as "Parties.") WHEREAS, the Parties seek by this amendment to extend the term of the original Lease Agreement for Space entered into by Lessor and Lessee on June 24, 2002, for Room 103 in 1401 East Watertower Street, Meridian, Idaho ("Premises") (Exhibit A hereto), as modified by Lease Amendments on July 1, 2003; July 24, 2007; July 6, 2010; January 2, 2013, and March 22, 2016; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: TERM OF LEASE AGREEMENT EXTENDED. The term of the June 24, 2002 Lease Agreement for Space, as amended, shall be extended for a term of one (1) year, and, as time is of the essence, shall end at midnight on June 30, 2020. Absent other written agreement by the Parties, Lessee may, at the expiration of this term, continue in its occupancy of the Premises on a month-to-month basis, under the terms and conditions set forth in the June 24, 2002 Lease Agreement for Space, for a period not to exceed one (1) year. Lessor may terminate Lessee's month-to-month occupancy upon ninety (90) days' prior written notice. NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this Sixth Lease Amendment, all provisions of the original June 24, 2002 Lease Agreement for Space shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Sixth Lease Amendment, shall be deemed to enlarge, limit or otherwise affect the operation of the June 24, 2002 Lease Agreement for Space or this amendment thereto. IN WITNESS WHEREOF, the Parties have executed this Sixth Lease Amendment on the date first written above. LESSEE: Department of Correction BY: J0 IRK— + Jf CHERYL ISERI NOTARY PUBLIC OF IDAHO G(;,v1A4ISS10N #20170452 bfi' ;c�hti ,'.t 'SlGhl EXPIRES 09/07/2023 STATE OF Idaho ) ss: County of I HEREBY CERTIFY that on this C0 day of , 2019, before the undersigned, a Notary Public in the State of Idaho, personally appeared J�c_s h 'Teta 1 t , known to me to be the person who executed said instrument, and acknowledged to me that she executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Pu lic for Idaho Residing tM 1 Se Idaho ` Q My Commission Expires: C1 '7 W�3 Approve Date 3 ID 1 I Richard Brien, Leasing Manager, Division of Public Works, Department of Administration CITY Tammy dV Vj�eerd, Mayor SIXTH LEASE A1VIENDMENT To LEASE 11 o�PpRATEp �G I 0 4ayColesI,uty Clerk PAGE 1 OF 1 EXHIBIT A LEASE AGREEMENT Meridian City Council Meeting Agenda February 19, 2019 – Page 207 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 208 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 209 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 210 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 211 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 212 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 213 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 214 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 215 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 216 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 217 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 218 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 219 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 7 L Project File Number: Item Title: AP Invoices for Payment 2/14/19 - $608,241.79 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.L . Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 2/14/19- $608,241.79 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/14/2019 - 9:24 A M Meridian City Council Meeting Agenda February 19, 2019 – Page 220 of 476 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 BLUE CROSS OF IDAHO February 2019 Blue Cross Premiums 314,882.47 01 General Fund ERIC STROLBERG Expense Report: E. Strolberg, Shot Show, Las Vegas, NV 01/19 503.90 01 General Fund JAKE DURBIN Expense Report: J.Durbin, Shot Show, Las Vegas, NV 01/19 462.65 01 General Fund KEYBANK City of Meridian HSA Contributions Feb 2019 2,400.00 01 General Fund MASTERCARD 220/MC#1 Fire 01-31-19 Statement,79.24 01 General Fund MASTERCARD 220/MC#2 Fire 01-31-19 Statement,5,904.82 01 General Fund MASTERCARD 220/MC#3 Fire 1-31-19 Statement,25.93 01 General Fund MASTERCARD 220/MC#5 Fire 01-31-19 Statement,1,164.78 01 General Fund MASTERCARD MC City #3 #(4976) Jan 2019 2,723.97 01 General Fund MASTERCARD MC Clerks 01/19 #0512 269.77 01 General Fund MASTERCARD MC HR 01/19 #0520 1,531.73 01 General Fund MASTERCARD MC IT 01/19 #0179 3,022.34 01 General Fund MASTERCARD MC Legal, #0868, 01/31/19 Statement 25.45 01 General Fund MASTERCARD MC Mayor #2 01/19 #769 4,997.30 01 General Fund MASTERCARD MC Mayor#1 #0751 01/31/19 Statement 163.40 01 General Fund MASTERCARD MC Mayor, #3 #0777 Statement 01/31/19 818.78 01 General Fund MASTERCARD MC PD #2, #0637, 01/31/19 Statement 5,068.26 01 General Fund NORTHWEST FIRE FIGHTERS BENEFITS TRUST Acct #52 NWFFT Feb 2019 100,544.78 01 General Fund UNITED HERITAGE INSURANCE 02065-001 Life Insurance Premiums 3,862.35 01 General Fund UNITED HERITAGE INSURANCE 02065-001 LongTermDisability Insurance Premiums 02/19 6,064.41 01 General Fund UNITED HERITAGE INSURANCE 02065-001 ShortTermDisability Insurance Premiums Feb.2019 4,837.48 01 General Fund UNITED HERITAGE INSURANCE Group#2065A Untied Heritage Vol Life Ins February 2019 4,736.80 01 General Fund VISION SERVICE PLAN #30 044489 001 Feb 2019 Premiums 3,963.93 01 General Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Premiums 02/19 5,756.50 Total 01 General Fund 473,811.04 60 Enterprise Fund BLUE CROSS OF IDAHO February 2019 Blue Cross Premiums 119,771.09 60 Enterprise Fund MASTERCARD MC IT 01/19 #0179 9.88 60 Enterprise Fund MASTERCARD MC Water #0538 01/31/19 Statement 2,311.35 Date: 2/14/19 09:21:27 AM Page: 1Meridian City Council Meeting Agenda February 19, 2019 – Page 221 of 476 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 MASTERCARD MC WW #1, #0611, 01/31/19 Statement 2,740.32 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001 Life Insurance Premiums 1,276.85 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001 LongTermDisability Insurance Premiums 02/19 1,584.39 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001 ShortTermDisability Insurance Premiums Feb.2019 1,290.16 60 Enterprise Fund UNITED HERITAGE INSURANCE Group#2065A Untied Heritage Vol Life Ins February 2019 845.27 60 Enterprise Fund VISION SERVICE PLAN #30 044489 001 Feb 2019 Premiums 1,489.14 60 Enterprise Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Premiums 02/19 3,112.30 Total 60 Enterprise Fund 134,430.75 Report Total 608,241.79 Date: 2/14/19 09:21:27 AM Page: 2Meridian City Council Meeting Agenda February 19, 2019 – Page 222 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 7 M Project File Number: Item Title: AP Invoices for Payment 2/20/19 - $2,608,597.13 Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 7.M. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 2/20/19- $2,608,597.13 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/14/2019 - 3:08 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 223 of 476 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 ABOUT THE KIDS, INC.instructor fee - Lacrosse 1/21/19 - qty 21 453.60 01 General Fund ABOUT THE KIDS, INC.instructor fee - Lacrosse 2/1/19 - qty 11 158.40 01 General Fund ADA COUNTY PARAMEDICS 220/2 Cyanokits 2,376.46 01 General Fund ADA COUNTY PROSECUTOR DR17-4967, 15% of Civil Forfeiture, Orig CR18-382 05/31/19 348.61 01 General Fund ADVANCE AUTO PARTS light for fleet truck 32 - qty 1 7.72 01 General Fund ADVANCE AUTO PARTS spark plugs & wire for equipment - qty 21 82.44 01 General Fund ALLIED PLASTIC LUMBER Plastic lumber to replace custom bench slats Heroes Park 2,547.95 01 General Fund AMANDA MCNUTT Education Assistance Reimbursement, A. McNutt, Fall 2018 2,100.00 01 General Fund AMERICAN PLANNING ASSOCIATION 04/01/19-3/31/2020 Sonya Allen mbrshp renawal-mbr#149538 338.00 01 General Fund AMERICAN PLANNING ASSOCIATION 4/1-19-3/31/20 Cameron Arial Membership Renewal-mbr#349239 95.00 01 General Fund AMERICAN PLANNING ASSOCIATION 4/1/19-3/31/20 Bill Parsons' mbrshp renewal. mbr#224910 514.00 01 General Fund AMERICAN WALLCOVER, INC 1st Fl Prod Rm, 2nd Fl Insp Rm, 3rd Fl Rev. Rm 1,568.40 01 General Fund APEX INTEGRATED SECURITY SOLUTIONS 19-0201 Billing for City of Meridian/PD & City Hall Avigilon 22,354.80 01 General Fund ARLENCO DISTRIBUTION, INC ethernet cables & monitors for all parks - qty 21 1,468.20 01 General Fund ARROWHEAD FORENSIC PRODUCTS Equipment for Evidence - Evidence Boxes, Bags and Tape 326.75 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.19-0213 220/ 1 pr station boots 310.25 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, St. 3, cleaner, towels, tissue 157.78 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, St. 5, detergent, towels, liners 210.12 01 General Fund BRADY INDUSTRIES, LLC.220/truckwash & janitorial, St. 1 401.59 01 General Fund BRENT BJORNSON B Bjornson per diem ICC EduCODE 2019 Las Vegas, NV 335.50 01 General Fund BRIGHT IDEAS LIGHTING COMPANY electrical switch replacements at Storey Park 48.75 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Gordon Harris Park parking lot light repairs 91.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY wall ballast repairs at Lanark Parks Shop 160.00 01 General Fund BROWNELLS Firearms Equipment 321.92 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Over Charge Inv # 7639, Unit # 122 (102.00) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Diag Engine Light, Replace Fuel Cap, Oil Change for Unit 52 168.53 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Diag Oil Pressure Problem for Unit # 122 76.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Engine Mount, Battery & Belt for Unit # 150 433.49 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Front Control Arms/One Outer Tie Rod End, LOF, Shocks, Align 1,309.24 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Pressure Diagnosis for Unit # 122 102.00 Date: 2/14/19 02:30:48 PM Page: 1Meridian City Council Meeting Agenda February 19, 2019 – Page 224 of 476 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Trans & Oil Cooler Line, Battery Cable, Tires & LOF 962.41 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit #33 coolant leak, repair water pump gaskets 10.00 01 General Fund BUILDERS FIRSTSOURCE 220/qty 50 furring strips for training 86.38 01 General Fund BUILDERS FIRSTSOURCE cedar posts for dog waste stations - qty 20 727.27 01 General Fund CABLE ONE 220/charge for 2 digital cable boxes, monthly charge 6.12 01 General Fund CABLE ONE 220/monthly charge for 2 digital cable boxes 6.12 01 General Fund CABLE ONE 220/telephone & internet for Fire Safety Center 140.44 01 General Fund CALDWELL TRANSPORTATION, INC charter bus for Seniors Day Trip to McCall on 1/25/19 950.00 01 General Fund CALIFORNIA BUILDING OFFICIALS Job Posting for CD's Building Inspection Supervisor 123.00 01 General Fund CANYON HONDA 19-0177 New Motorcycle for Traffic Team Unit # 527 17,591.85 01 General Fund CANYON TRUCK UPFITTERS 19-0224 fleet truck 11 service body bed 10,437.23 01 General Fund CANYON TRUCK UPFITTERS 19-0224 lights for fleet truck 11 - qty 6 321.24 01 General Fund CANYON TRUCK UPFITTERS fuse holders & rocker switches for ice melt tanks - qty 8 36.00 01 General Fund CANYON TRUCK UPFITTERS lights for fleet truck 32 - qty 4 214.16 01 General Fund CATHERINE ROEBUCK Per Diem: C. Roebuck, Web Developer Conf., Seattle WA, 342.00 01 General Fund CDW GOVERNMENT Quantum DXI4700 Veeam Intgrtn Lic 1,050.00 01 General Fund CHIEF SUPPLY CORPORATION Traffice Vests for New Hires & Fingerprint Kit 204.40 01 General Fund CITY OF BOISE - CITY PRINT & MAIL SERVICES Alive @ 25 Stickers 104.17 01 General Fund COTTONWOOD DEVELOPMENT, LLC Release, Surety-2018-0025,Vicenza Valley Sub.Warr Surety Dep 152,282.52 01 General Fund CSHQA Scenario Village Design 10,202.00 01 General Fund D & B SUPPLY Coverall's Bldg Inspector R Oroczo 36.99 01 General Fund D & B SUPPLY Dog Food for Dory 47.99 01 General Fund DANELLE KENNY Honor Guard Training, Clakamas, OR 03/05 - 03/09/19 per diem 252.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. 19-0163 Equip & Labor to Build New CSO Truck # 82 6,000.02 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Equip & Labor to Build New CSO Truck # 81 6,000.02 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Equip & Labor to Build New SCO Truck Unit # 83 6,000.02 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Equip and Build New CSO Truck Unit # 80 6,000.02 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Light bar Repairs Unit # 157 85.98 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Replace Aux. Power Outlet for Unit # 62 101.00 Date: 2/14/19 02:30:48 PM Page: 2Meridian City Council Meeting Agenda February 19, 2019 – Page 225 of 476 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 ERS, EMERGENCY RESPONDER SERVICES, INC. Wiring Test & Controller Repair for Back Seat Light # 161 78.00 01 General Fund FAMILY TANG SOO DO instructor fee - Martial Arts 1/4-1/29/19 - qty 19 568.00 01 General Fund FAMILY TANG SOO DO instructor fee - Smiling Tigers 1/4-1/25/19 - qty 6 188.00 01 General Fund FASTENAL COMPANY bollard bolts for Lanark Parks Shop - qty 4 11.85 01 General Fund FASTENAL COMPANY nuts & bolts for Lanark Parks Shop - qty 401 39.27 01 General Fund FERGUSON ENTERPRISES INC.toilet seat for Seasons Park restroom vandalism #18-8596 23.78 01 General Fund FIRST TECH FEDERAL CREDIT UNION Bank Records DR18-5023 27.00 01 General Fund GEM STATE PAPER & SUPPLY CO morning mist cleaner & laundry detergent - qty 13 cases 544.92 01 General Fund GEOTEK, INC.19-0032 TO #10927.a Commercial & Residential Bldg. Inspect 20,570.00 01 General Fund GLOBAL KNOWLEDGE TRAINING 11-Feb-19 3983.C.0.00.00 Jamie Beehn Designing & Deploying M 3,095.00 01 General Fund GOPHER PERFORMANCE softballs & bats - qty 4 124.95 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Paint With Your Kids 1/21/19 - qty 11 132.00 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Winter Acrylics 1/10-1/31/19 - qty 4 240.00 01 General Fund H.D. FOWLER COMPANY ice melt boom parts for fleet truck 20 13.58 01 General Fund HANSON JANITORIAL 19-0112 trash can liners - qty 30 cases 1,074.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/connector replacement for shoreline, St. 4 29.96 01 General Fund HOME DEPOT CREDIT SERVICES 220/supplies to repair tool at ST. 1 6.70 01 General Fund HOME DEPOT CREDIT SERVICES concrete & rebar for Kleiner Park - qty 6 16.90 01 General Fund HOME DEPOT CREDIT SERVICES concrete for Heroes Park bike racks - qty 6 24.60 01 General Fund HULLFILM, LLC Photos @ Black Cat Mint Farm for Virtual Tour 800.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#251042 Brian Caldwell Feb 2019 363.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#262519 Tyler Bryner Child Support Feb 2019 1,174.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#311213 Mark A Payne Child Support Feb 2019 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#321962 Michael D Gould Feb 2019 821.71 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#340303 Adnan Rudan Child Support Feb 2019 481.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#352890 Granville Stark Child Support Feb 2019 653.19 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#416457 John S Overton Child Support Feb 2019 328.57 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business cards, Building Department 601.25 01 General Fund IDAHO NUTRITION ASSOCIATES, LLC instructor fee - Cooking With Kids 1/15-1/29/19 - qty 15 780.00 01 General Fund IMPACT PEST SERVICES Pest Control @ PSTC 79.00 01 General Fund IMPACT PEST SERVICES pest control at Homecourt on 1/24/19 109.00 01 General Fund IMPACT PEST SERVICES Pest Control K9 Building 49.00 01 General Fund IMPACT PEST SERVICES Pest Control PD Admin 139.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 1/11/19 250.00 Date: 2/14/19 02:30:48 PM Page: 3Meridian City Council Meeting Agenda February 19, 2019 – Page 226 of 476 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 IMPACT PEST SERVICES vole control at Ten Mile Interchange on 1/27/19 250.00 01 General Fund INTN'L SOCIETY of ARBORICULTUR PNW-ISA member dues for K Gallivan 1/23/19-1/23/20 185.00 01 General Fund KELLER ASSOCIATES, INC.18-0509 Electrical Plans Examining Services-Keller 14,896.90 01 General Fund L.N. CURTIS AND SONS 19-0216 Uniforms, Qty 1 shirt 154.97 01 General Fund LAURIE MCELROY instructor fee - Yoga 1/27/19 - qty 7 56.00 01 General Fund LES SCHWAB TIRE CENTER slime treatment in Kleiner Exmark 48 inch mower 12.00 01 General Fund LIFELOC TECHNOLOGIES, INC.Repair LifeLoc Breathalizer 898.36 01 General Fund LOWE'S 220/measuring wheel, files, tools 48.29 01 General Fund MATT FERRONATO Honor Guard Training Clakamas, OR 03/05 -03/09/2019 per diem 252.00 01 General Fund MINUTEMAN, INC.Storey Park Chamber building chase door lock repair 75.00 01 General Fund MOTION & FLOW CONTROL PRODUCTS air fittings & hose repair parts for equipment - qty 9 78.82 01 General Fund MOTION & FLOW CONTROL PRODUCTS credit on air fittings & hose repair parts - qty 8 (113.42) 01 General Fund MOTIONS DANCE STUDIO instructor fee - Dazzle/Dance, Cheer 1/11-1/25/19 - qty 24 640.00 01 General Fund MUSIC CENTER STUDIOS instructor fee - Drumline 1/4-1/25/19 - qty 5 220.00 01 General Fund NAPA AUTO PARTS fleet truck 32 emergency lighting parts - qty 4 16.00 01 General Fund NICK ALLEX ALERRT Active Shooter Level 1/Newman Lake, WA 03/03-03/09/19 396.50 01 General Fund NORCO cylinder rental for welding gas - January 2019 42.16 01 General Fund NW HUMAN RESOURCES CONSULTING Succession Planning Consultation - 12/10/18 - 01/18/19 740.00 01 General Fund OFFICE DEPOT, INC.220/super glue 3.00 01 General Fund OFFICE DEPOT, INC.dry erase markers & staples - qty 8 25.28 01 General Fund OFFICE DEPOT, INC.Journals for Chief & DC, Label Dots for Admin 25.87 01 General Fund OFFICE DEPOT, INC.labels & trays - qty 3 47.61 01 General Fund OFFICE DEPOT, INC.note pads - qty 1 dozen 10.78 01 General Fund OFFICE DEPOT, INC.USB for PD 39.99 01 General Fund OFFICE TEAM 19-0165 3 Short Term Temporary Permit Techs for Bldg Dept 792.00 01 General Fund PAM ORR Per diem Pam Orr NFA Course, Emmitsburg, MD 03/4 - 3/16/19 457.50 01 General Fund PAUL'S MERIDIAN STINKER emissions test for fleet truck 15 - license C16105 15.00 01 General Fund PLATT ELECTRIC SUPPLY Bulbs to Fix West Entrance Lights 42.86 01 General Fund PLATT ELECTRIC SUPPLY Move electrical outlet 23.62 01 General Fund PORTAPROS, LLC portable toilets for Fuller Park 12/12/18 160.39 01 General Fund PRO FORCE LAW ENFORCEMENT 4 Scene Lights, for new CSO Vehicles 480.23 01 General Fund PRO FORCE LAW ENFORCEMENT Flashlights for New Hires 429.38 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 1/13-1/27/19 - qty 39 468.00 01 General Fund RICOH USA, INC C86173707 2/1-28/19 monthly lease + addt'l pages 599.23 Date: 2/14/19 02:30:48 PM Page: 4Meridian City Council Meeting Agenda February 19, 2019 – Page 227 of 476 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund RICOH USA, INC Copier Addition Images for Jan 2019 - PSTC 64.82 01 General Fund RICOH USA, INC Copier Additional Images for Jan 2019 - CAU 30.84 01 General Fund RICOH USA, INC Copier Additional Images for Jan 2019 - Comm Svcs 11.99 01 General Fund ROBERT SIMISON Per diem R Simison Natl League of Cities Conv Washington DC 342.00 01 General Fund SAFEBUILT LLC 19-0033 TO #10925.b Comm. & Residential Plan Review 139,706.67 01 General Fund SALT LAKE WHOLESALE SPORTS Firearms Training Ammo 2,423.40 01 General Fund SHANNON LIND instructor fee - Gentle Movement Stretch 1/9-1/30/19 - qty 5 112.00 01 General Fund SONNTAG RECREATION Bid Bond Refund for PKS-1908-10116.f 4,699.75 01 General Fund SUN STATE INDUSTRIAL SUPPLY nitrile gloves for shop mechanics - qty 1 199.00 01 General Fund SUNBELT RENTALS manlift for Centennial Park 1/7-1/10/19 1,264.23 01 General Fund SYNCB/AMAZON 220/2 vacuums for St. 1, janitorial needs 386.58 01 General Fund SYNCB/AMAZON 220/batteries for AED's, 20 packs of 12 426.02 01 General Fund SYNCB/AMAZON 220/Pub Ed supplies, balloons & holders for Comm Events 81.94 01 General Fund SYNCB/AMAZON office chair support cushion - qty 1 24.00 01 General Fund SYNCB/AMAZON Refill Med cabinet at CH breakroom 9.98 01 General Fund SYNCB/AMAZON Refill med cabinet CH breakroom 6.04 01 General Fund SYNCB/AMAZON Refill med cabinet in breakroom at CH 23.36 01 General Fund SYNCB/AMAZON waterproof boot covers/Inspectors-Study guides Electrical In 473.37 01 General Fund T-ZERS SHIRT SHOP Firearms Case 24.00 01 General Fund T-ZERS SHIRT SHOP seasonal and full-time clothing - qty 586 5,796.90 01 General Fund TERRA ENVIRO CONSULTING, INC.1/2 down for soils testing-Settlers,BearCreek,Hillsdale,KBLP 1,090.00 01 General Fund THE CAR PARK Courthouse Parking for Jan 2019 105.00 01 General Fund THE COVER SHOP giant snowflake cover - qty 1 220.00 01 General Fund THE UPS STORE 220/mail in comm equipment for repair 23.20 01 General Fund THE UPS STORE Postage to Mail Evidence to Lab 47.31 01 General Fund THE UPS STORE Postage to Mail Tasers Back to Axon - Recall 21.35 01 General Fund THE UPS STORE Postage to send BWC back for Replacement 33.86 01 General Fund TREASURE VALLEY CHILDREN'S THEATER TVCT 2019 PARTNERSHIP 2ND INSTALLMENT SPRING MUSICAL - SHREK 1,000.00 01 General Fund TREASURE VALLEY COFFEE Coffee, Hot choc, Cream, Sugar and Cooler Rental 350.50 01 General Fund ULTRA TOUCH CAR WASH Full Vehicle Clean after Bodyshop Work Unit# 156 12.70 01 General Fund UNIFORMS 2 GEAR 19-0214 220/Uniforms, 9 pants, 23 belts 666.08 01 General Fund UNIFORMS 2 GEAR New Hire Gear & Uniform - Villasano 2,005.25 01 General Fund UNIFORMS 2 GEAR Pants & Shirt for Shackelford, Damaged on Duty 160.71 Date: 2/14/19 02:30:48 PM Page: 5Meridian City Council Meeting Agenda February 19, 2019 – Page 228 of 476 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund WSCFF EMPLOYEE BENEFIT TRUST February 2019 MERP Contributions 3,750.00 01 General Fund ZERO WASTE USA, INC dog waste station wire - qty 20 189.75 Total 01 General Fund 481,092.50 07 Impact Fund BRIGHT IDEAS LIGHTING COMPANY download Discovery Park camera data & swap battery 150.00 07 Impact Fund CENTURYLINK Discovery Park cable relocation to new ROW 3,500.00 07 Impact Fund FASTENAL COMPANY bolts for Discovery Park bleachers - qty 200 19.21 Total 07 Impact Fund 3,669.21 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 18-0212,ACHD Pine Sewer/Water main rep. 1/19/19 889.20 60 Enterprise Fund ADA COUNTY UTILITY COORDINATIN 2019 Utility Coordinating Council UCC Dues 50.00 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0105 SCADA General Spt for Water 287.50 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0105 SCADA General Supt for Water 1,380.00 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0105 SCADA General Supt Service for Water 345.00 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0105 SCADA Gernral SPT Services for Water 115.00 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0105 Scada Spt Services for Water 86.25 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC Standard capcity pleated HVAC filters (24 qty)76.32 60 Enterprise Fund ALEX FREITAG Per Diem: A. Freitag, AWWA Utility Conf., Nashville TN,274.50 60 Enterprise Fund ANALYTICAL LABORATORIES INC.19-0082 Microbiological Sampling FY19 Total Coliform 0.60 60 Enterprise Fund ARC Document Solutions Well 28,Digital Copies of plans 1/28/19 218.40 60 Enterprise Fund BRANDON L. DREZNER Refund wat/sewer/trash, 2515 N. Chatterton Ave.144.14 60 Enterprise Fund BRIAN & BOBBIE COFER Refund Wat/Sewer/Trash, 3932 W. Niemann Dr.133.84 60 Enterprise Fund BROWN & CALDWELL 17-0118,WRRF Facility Plan FY17 11/23-12/27/18 799.50 Date: 2/14/19 02:30:48 PM Page: 6Meridian City Council Meeting Agenda February 19, 2019 – Page 229 of 476 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund BROWN & CALDWELL 18-0284,WRRF Headworks upgrades,design 11/23-12/27/18 45,180.08 60 Enterprise Fund CAMERON AMBROZ Locator Certification Seminar/Bozeman, MT 3/6-3/9/19 C Ambro 213.50 60 Enterprise Fund CDW GOVERNMENT Kramer AD-Ring-2 HDMI Adapter Ring 184.82 60 Enterprise Fund CDW GOVERNMENT Kramer AD-Ring-2HDMI Adapter Ring 92.41 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0384,WRRF Headworks,software integration 11/24-12/28/18 11,321.42 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0070,WRRF Cap.Exp.software integration thru 12/28/19 11,965.52 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0462,SCADA Upgrades PRVs,design services 10/27-12/28/18 4,343.23 60 Enterprise Fund CHRISTOPHER & COREY LANGDON Refund Wat/Sewer/Trash, 1684 W. Hendricks St.111.54 60 Enterprise Fund CLINT DOLSBY Reimburse: C. Dolsby, airfare, WEF Conf., Fort Lauderdale FL 418.50 60 Enterprise Fund CORE & MAIN LP Nut to repair slide gate valve 2, diversion chamber L10-315 335.29 60 Enterprise Fund COTTONWOOD DEVELOPMENT, LLC Release, Surety-2018-0025,Vicenza Valley Sub.Warr Surety Dep 14,688.62 60 Enterprise Fund D & B SUPPLY Med Bark Bag Qty 2 10.58 60 Enterprise Fund D & B SUPPLY Plastic Organizer Plano Can Qty 3 25.97 60 Enterprise Fund D & B SUPPLY Safety boots for Stephen Hurbert 139.99 60 Enterprise Fund D & B SUPPLY Safety boots for Tom Miller 107.99 60 Enterprise Fund D & B SUPPLY Wheel Tire for Wheel Barrow Qty 1 34.99 60 Enterprise Fund D & B SUPPLY White Tarp, Bunge Cord Qty 6 52.94 60 Enterprise Fund D.R. BACHMAN COMPANY Insite flowmeter gauge unit 319.40 60 Enterprise Fund DENNIS TELLER Per Diem: D. Teller, AWWA/WEF Conf., Nashville TN,274.50 60 Enterprise Fund DEREK LEE Refund Wat/Sewer/Trash, 3023 E. Tusa St.48.91 Date: 2/14/19 02:30:48 PM Page: 7Meridian City Council Meeting Agenda February 19, 2019 – Page 230 of 476 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 DUBOIS CHEMICALS INC 19-0016 Ferric Chloride (46,200 lbs)8,191.26 60 Enterprise Fund DUBOIS CHEMICALS INC 19-0017 Defoamer Tote (2,200 lbs)2,640.00 60 Enterprise Fund EMERGENCY RESPONDERS HEALTH CENTER Emergency light bulb replacement for C18640 78.00 60 Enterprise Fund EUGENE ANDERSON Refund, Wat/Sew/Trash, 1189 N. Golfview Way 71.39 60 Enterprise Fund EVAN & ANALYN FRASURE Refund, Wat/Sew/Trash, 2174 E. Ringneck St.36.02 60 Enterprise Fund FASTENAL COMPANY 5gal Bucket Qty 5 24.95 60 Enterprise Fund FASTENAL COMPANY Bicent PRV Parts, 4.5inch HCS Qty 8 19.16 60 Enterprise Fund FASTENAL COMPANY Black vinyl tape (12 qty)25.20 60 Enterprise Fund FASTENAL COMPANY Hex Lag, Drill Bit, USS Flat Washer Qty 11 43.57 60 Enterprise Fund FASTENAL COMPANY Misc Meters Brass HCS Brass FHN Qty 400 1,857.00 60 Enterprise Fund FASTENAL COMPANY Nitrile gloves-size LG & XLG (4,000 qty)344.00 60 Enterprise Fund FASTENAL COMPANY USS FW, Zinc Hex, Hex Lag Qty 45 14.98 60 Enterprise Fund GRANITE EXCAVATION, INC 19-0170,Linder Sewer Ext.Construction as of 1/31/19 69,893.86 60 Enterprise Fund GRANT MECHANICAL, INC Labor & parts to repair HVAC 2 in Chem feed bldg (7.5 hrs) 1,138.30 60 Enterprise Fund H.D. FOWLER COMPANY Parts to repair curb stops & hydrants around plant (10 qty) 425.23 60 Enterprise Fund HACH COMPANY BOD buffer pillows (20 qty)671.62 60 Enterprise Fund HALLSTEN CORPORATION WRRF Centrate Modification, Panels received 12/3/18 4,436.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Power Bit, Anchor Kit Qty 3 52.91 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#326566 Nathan Howell Child Support Feb 2019 299.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#344238 Biran C Kerr Child Support Feb 2019 443.00 Date: 2/14/19 02:30:48 PM Page: 8Meridian City Council Meeting Agenda February 19, 2019 – Page 231 of 476 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#352719 Brent J Arte Child Support Feb 2019 420.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#354376 Maria Balderas Edwards Child Support Feb 2019 221.64 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#412750 Dennis Patton Child Support Feb 2019 611.91 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business cards for Tom Miller 46.25 60 Enterprise Fund JACQUELINE FIORINA & EVELYN BOURGEOIS Refund, Wat/Sew/Trash, 4285 S. Tindaris Ave.68.28 60 Enterprise Fund JASON BARBEE & STEPHANI FAIN Refund, Wat/Sew/Trash, 2602 W. Park Stone Dr.53.09 60 Enterprise Fund JC CONSTRUCTORS INC 18-0066,18-0433,19-0116,WRRF Cap.Exp.Const.1/25/19 621,588.89 60 Enterprise Fund JESSE & MISTY THOMPSON Refund, Wat/Sew/Trash, 2159 E. Katelyn Dr.181.50 60 Enterprise Fund JONATHON & JENNIFER ALDERSON Refund wat/sewer/trash, 2051 E. Strauss Ct.76.78 60 Enterprise Fund JUB ENGINEERS 18-0385,Well 22 treatment programming service as of 12/31/18 9,972.60 60 Enterprise Fund KYLEE OVERALL Refund, Wat/Sew/Trash, 2993 E. Ragusa St.76.58 60 Enterprise Fund LEE & NADEAN SAGER Refund, Wat/Sew/Trash, 940 W. Verbena Dr.249.11 60 Enterprise Fund LOWE'S DB Arm Padded Hanger Qty 2 14.40 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Cap.Exp.Special Insp 1/6-1/19/19 3,295.20 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Cap.Exp.special insp 12/24-1/5/19 2,152.54 60 Enterprise Fund METROQUIP, INC.Water spray hand gun & clamp punch lok (7 qty)245.33 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Compressor fittings (12 qty)95.04 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Compressor fittings (18 qty)114.08 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Deg X MNPT, Brass Run Tee Qty 10 39.82 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Hose (14ft), crimp swival & femail rigid pipe (2 qty)102.62 Date: 2/14/19 02:30:48 PM Page: 9Meridian City Council Meeting Agenda February 19, 2019 – Page 232 of 476 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 MOTION & FLOW CONTROL PRODUCTS Hose for compressor 21.22 60 Enterprise Fund MOUNTAIN HOME AUTO RANCH 19-0114 2019 F250 4WD Crew Cab Truck for Collections 28,138.40 60 Enterprise Fund NGOC LE Refund Wat/Sewer/Trash, 2527 W. Astonte Dr.59.27 60 Enterprise Fund NORCO Cylinder rental for Jan 2019 61.44 60 Enterprise Fund NORCO Long sleeve hi-vis shirts for TParks (8 qty)104.16 60 Enterprise Fund NORCO Q-fold wipes & cleaner (8 qty)511.39 60 Enterprise Fund OFFICE DEPOT, INC.Wastebaskets, toner, desk organizer 83.82 60 Enterprise Fund OXARC, INC.19-0010 Sodium Hypochlorite Delivery Qty 2000gl 3,302.00 60 Enterprise Fund PATRICK BROWN Refund, Wat/Sew/Trash, 609 W. Washington St.104.25 60 Enterprise Fund PHOENIX COMMERCIAL CONSTRUCTION Refund, Wat/Sew/Trash, 303 W. Pennwood St., Bldg B 358.06 60 Enterprise Fund PHOENIX COMMERCIAL CONSTRUCTION Refund, Wat/Sew/Trash, Customer Paid After Closing 565.12 60 Enterprise Fund PLATT ELECTRIC SUPPLY Busing, PVC elbow, PVC cement, conduit hanger (36 qty) 33.27 60 Enterprise Fund PLATT ELECTRIC SUPPLY Butt Con Qty 200 24.52 60 Enterprise Fund PLATT ELECTRIC SUPPLY LED high bay to upgrade lighting to LED in temp Shop 136.20 60 Enterprise Fund PLATT ELECTRIC SUPPLY U Connector Qty 600 73.56 60 Enterprise Fund RANDALL C. & NADINE BARBEE Overpaid 1048 W State St 530.64 60 Enterprise Fund REAL PROPERTY MANAGEMENT BOISE Refund Wat/Sewer/Trash, 4916 W. Mcnealy St.157.91 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Biosolid disposal for Jan 2019 23,688.78 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services January 2019 1,221,586.56 60 Enterprise Fund RHEBA PHILPOT Refund, Wat/Sew/Trash, 2539 N. Tully Cove Pl.44.70 Date: 2/14/19 02:30:48 PM Page: 10Meridian City Council Meeting Agenda February 19, 2019 – Page 233 of 476 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 RICOH USA, INC C86236263 b/w (279 qty) & color (98 qty) images 8.37 60 Enterprise Fund RICOH USA, INC C86242095 b/w (1,078 qty) & color (993 qty) images 58.49 60 Enterprise Fund SCOTT LYONS Refund Wat/Sewer/Trash, 5276 N. Toscana Ave.47.06 60 Enterprise Fund SHANE & TENILLE KELLY Overpayment to 3007 W Tubac Dr 540.00 60 Enterprise Fund SULLIVAN REBERGER 19-0011, lobbying fees for January 2019 4,000.00 60 Enterprise Fund SWIOS 2019 Membership dues 7 employees 2019 105.00 60 Enterprise Fund SWIOS 2019 SWIOS Membership Dues x Qty 40 600.00 60 Enterprise Fund SYNCB/AMAZON Badge Card Holder Qty 5 39.90 60 Enterprise Fund SYNCB/AMAZON Cell phone case for DGassel 13.99 60 Enterprise Fund SYNCB/AMAZON Cell phone case for RMurray 11.99 60 Enterprise Fund SYNCB/AMAZON Cell phone screen protectors for RMurray & DGassel (2 qty) 21.98 60 Enterprise Fund SYNCB/AMAZON Karie Glenn Surface Case & Mouse 30.98 60 Enterprise Fund TELANSWER, INC After Hour Answering Service 2/1 to 2/28/19 127.10 60 Enterprise Fund TINA RODGERS Refund Wat/Sewer/Trash, 882 E. Bonita Canyon St.64.51 60 Enterprise Fund TRAVIS KISSIRE Per Diem: T. Kissir, AWWA/WEF Conf., Nashville TN, 3/4/19-3/ 274.50 60 Enterprise Fund USA BLUEBOOK Glow Exit Sign Qty 26 430.30 60 Enterprise Fund USA BLUEBOOK Mini Ball Valve, Flare Fitting, Brass Tee, Hach Sulfide, Odo 360.46 60 Enterprise Fund UTILITY TRAILER SALES OF BOISE / UTILITY TRUCK EQUIPMENT 19-0008 Fy19 F250 Reading Classic Utility Box Purchase & Ins 8,650.00 60 Enterprise Fund VIVIAN HAYES Refund Wat/Sewer/Trash, 1469 E. Willowbrook Ct.58.33 60 Enterprise Fund WARREN STEWART Per Diem: W. Stewart, AWWA Conf., Nashville TN,213.50 Date: 2/14/19 02:30:48 PM Page: 11Meridian City Council Meeting Agenda February 19, 2019 – Page 234 of 476 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 WASTECORP PUMPS LLC Parts to change bearing liner & pin on pump 1 (2 qty)1,144.73 60 Enterprise Fund WESTERN STATES AUTOMATION, LLC Full Port Ball Valve Qty 5 2,280.00 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7658362 monthly copier lease for Dec 2018 167.40 Total 60 Enterprise Fund 2,123,835.42 Report Total 2,608,597.13 Date: 2/14/19 02:30:48 PM Page: 12Meridian City Council Meeting Agenda February 19, 2019 – Page 235 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 8 Project File Number: Item Title: Items Moved from Consent Agenda Meeting Notes: City Council Regular Meeting Agenda Item Number: 9 A Project File Number: Item Title: Meeting Notes: February 19, 2019 Public Hearing for Proposed Vehicle Sharing Program Ordinance 1X1,1 '11-�lq I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for P roposed Vehicle Sharing P rogram O rdinance 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 O rdinance Ordinance 2/15/2019 Tony Nicholson - Testimony P ublic Testimony 2/15/2019 Roberta Garvin - Testimony P ublic Testimony 2/15/2019 S usan Karnes - Testimony P ublic Testimony 2/14/2019 Ross-A nne P earson - Testimony P ublic Testimony 2/15/2019 A lexa C onway - Testimony P ublic Testimony 2/15/2019 J amie Bakun - Testimony P ublic Testimony 2/15/2019 J ason F ish - Testimony P ublic Testimony 2/15/2019 Donald S oper - Testimony P ublic Testimony 2/15/2019 B ob C ooper - Testimony P ublic Testimony 2/15/2019 J eannette D uvallward - Testimony P ublic Testimony 2/15/2019 S usan Hrenchir - Testimony P ublic Testimony 2/15/2019 Rick Woodland - Testimony P ublic Testimony 2/19/2019 P eggy Hodson - Testimony P ublic Testimony 2/19/2019 J ames C rotty - Testimony P ublic Testimony 2/19/2019 J anice - Testimony P ublic Testimony 2/19/2019 S hawn Maples - Testimony P ublic Testimony 2/19/2019 NextD oor Poll R esults B ackup Material 2/19/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 2/15/2019 - 10:54 A M Meridian City Council Meeting Agenda February 19, 2019 – Page 236 of 476 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 2/19/2019 Hearing Type: Council Item Number: 9-A Project Name: Vehicle Sharing Programs (E -scooters) Project No.: Active: ❑ Page 1 of 1 Signature I Wish To Sign In Address City -State -Zip For Against Neutral Name Testify Date/Time Russell Meridian, 2/19/2019 X X Spearman Idaho 83646 10:54:17 AM 4647 N Meridian, ID 2/19/2019 Bryan Leisle Tipton X X 83646 10:58:59 AM Avenue Jonathan Seattle WA 2/19/2019 66 Bell St X X Hopkins 98121 5:50:04 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=177 2/20/2019 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 1 CITY OF MERIDIAN ORDINANCE NO. 19-1809 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING A NEW CHAPTER, CHAPTER 6, TO TITLE 3, MERIDIAN CITY CODE, REGARDING VEHICLE SHARING PROGRAMS; AMENDING MERIDIAN CITY CODE SECTION 4-2-2, REGARDING PARTY RESPONSIBLE FOR NUISANCE; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 7-1-9, TO TITLE 7, CHAPTER 1, MERIDIAN CITY CODE, REGARDING ELECTRIC POWER-ASSISTED BICYCLES AND SCOOTERS; ADDING A NEW SUBSECTION, SUBSECTION 7-1-9(F), TO MERIDIAN CITY CODE SECTION 7-1-9, REGARDING PROHIBITED PARKING; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Idaho Code section 50-329, and Alpert v. Boise Water Corp. , 118 Idaho 136 (1990) municipalities are duly authorized to establish franchises by ordinance, including franchises for the use of streets and sidewalks within city limits; to establish terms and conditions of such use; and to establish a franchise fee for such use; WHEREAS, Idaho Code section 49-208 authorizes municipalities to establish speed limits for vehicles in public parks, regulate the use of highways by any kind of traffic found to be incompatible with the normal and safe movement of traffic, regulate persons upon toy vehicles, and establish procedures for the removal of vehicles from sidewalks and highways; WHEREAS, the City Council of the City of Meridian finds that electric power- assisted scooters ( e-scooters) and electric power-assisted bicycles ( e-bikes) are consumer products as described in 15 United State Code section 2085 and/or toy vehicles as referenced in Idaho Code section 49-208(1)(s), and are not motor vehicles as defined in Idaho Code section 49-123(1)(h); WHEREAS, the City Council of the City of Meridian seeks by this ordinance to: 1) protect and enhance the safety of the several users of streets and sidewalks in our community, including pedestrians, vehicular traffic, and shared vehicle riders; 2) facilitate micromobility transportation options for residents of and visitors to Meridian; 3) establish clarity in regulation for operators and users of Shared Vehicle Programs, as well as City staff and Meridian citizens; and 4) balance regulatory oversight and economy of staff time and resources; and WHEREAS, the City Council of the City of Meridian finds that the following ordinance is necessary to protect the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new chapter, Chapter 6, shall be added to Title 3, Meridian City Code, to read as follows. Meridian City Council Meeting Agenda February 19, 2019 – Page 238 of 476 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 2 TITLE 3 BUSINESS AND LICENSE REGULATIONS CHAPTER 6 VEHICLE SHARING PROGRAMS SECTION 3-6-1: DEFINITIONS For the purposes of this chapter, these terms shall be defined as follows. All times enumerated in this chapter shall refer to Mountain Standard Time. A. BEACON: A Bluetooth transmitter, placed by Operator, which broadcasts parking locations to nearby Shared Vehicles. B. ELECTRIC POWER-ASSISTED BICYCLE or E-BIKE: A vehicle that has two (2) or three (3) tandem wheels, has no floorboard, and is propelled either by human power or with the assistance of an electric motor. E-bikes are consumer products, as defined by 15 U.S.C. section 2085, rather than motor vehicles as defined by Idaho Code section 49- 123(1)(h). C. ELECTRIC POWER-ASSISTED SCOOTER or E-SCOOTER: A vehicle that has two (2) or three (3) tandem wheels, has a floorboard designed to be stood upon when riding , and is propelled either by human power or with the assistance of an electric motor. E-scooters are consumer products, as defined by 15 U.S.C. section 2085, rather than motor vehicles as defined by Idaho Code section 49-123(1)(h). D. FRANCHISED PREMISES: Public streets and sidewalks in the City of Meridian; paved, ground-level surfaces on property owned by the City of Meridian, excluding the Water Department and the Wastewater Reuse Facility; and pathways enumerated in the City of Meridian Pathways Master Plan, to the extent City is duly authorized to convey such franchise under the various instruments establishing such pathways. E. GEOFENCE: A virtual boundary around a geographical area monitored by a global positioning system or radio frequency identification technology, which triggers a response from a shared vehicle when it enters or leaves the geofenced area. Such response may include, but shall not be limited to, decreased maximum speed or inoperability. F. OPERATOR or VEHICLE SHARING PROGRAM OPERATOR: A person who owns, manages, operates, or acts on behalf of a Vehicle Sharing Program. G. PROGRAM or VEHICLE SHARING PROGRAM: The offer for hire or use, by self-service, of one or more shared vehicles. H. RESTRICTED AREA: Any location where shared vehicles may not be parked. I. RIDER: A person riding or using a shared vehicle. Meridian City Council Meeting Agenda February 19, 2019 – Page 239 of 476 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 3 J. SHARED VEHICLE: An e-bike, e-scooter, bicycle, or other vehicle offered by a Vehicle Sharing Program Operator for hire or use by self-service. SECTION 3-6-2: VEHICLE SHARING PROGRAM FRANCHISE: A. Franchise established; consideration. There is hereby created by the City of Meridian a non-exclusive Vehicle Sharing Program franchise for the operation of Vehicle Sharing Programs on Franchised Premises. Franchises shall be granted pursuant to the procedures and subject to the conditions and restrictions set forth in this chapter. In consideration for City’s grant of a franchise under this Chapter, City shall not operate a Vehicle Sharing Program in Meridian. B. Franchise required. It shall be unlawful for any person to conduct a Vehicle Sharing Program unless a valid City of Meridian Vehicle Sharing Program Operator Franchise has been issued as herein provided and said franchise is in full force and effect. The terms, conditions, and privileges of such franchise shall include those set forth in this chapter. To be eligible for a City of Meridian Vehicle Sharing Program Operator Franchise, the Operator shall initially deploy no fewer than one hundred (100) shared vehicles, and no more than three hundred fifty (350) shared vehicles. C. Franchise fee. Within three (3) business days of franchise issuance, Operator shall remit to the City Clerk a nonrefundable franchise fee in the amount of $25,000.00 annually. Half shall be due upon issuance of the Vehicle Sharing Program Operator Franchise, and the other half shall be due on or before July 1 of each year. For new franchisees only, the franchise fee due and owing shall be a prorated amount, less $2,084.00 for each whole month of the calendar year that has passed prior to issuance of the franchise. Franchise fees remitted to the City pursuant to this provision may be invested in costs that may be incurred by the City in relation to Vehicle Sharing Programs, or in needed infrastructure to support Vehicle Sharing Programs including, but not limited to, signage, pathway improvements, pathway maintenance, and pathway repair. D. Initial application for franchise. An initial application for a Vehicle Sharing Program Operator Franchise shall be made to the City Clerk, and shall include a completed application in the form and manner required by the City Clerk, which shall include, but not be limited to: 1. Applicant’s name, telephone number, local address, and corporate addresses. 2. Agent upon whom service of process may be made in the State of Idaho. 3. A description of the Program, including which shared vehicles are to be offered for hire or use, maximum speeds of such shared vehicles, rider rules and restrictions. 4. Date upon which shared vehicles will be offered under the Vehicle Sharing Program. 5. The number of shared vehicles to be initially deployed. 6. The plan and contact information for addressing public safety issues related to the shared vehicles’ operation and/or parking. 7. Contact information for a person available to respond immediately to a threat to the public health, safety, or welfare caused by a shared vehicle. 8. Application fee as set forth in City fee schedule. Meridian City Council Meeting Agenda February 19, 2019 – Page 240 of 476 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 4 9. Proof of an insurance policy, issued by an insurance company franchised to do business in Idaho. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days’ advance written notice to the City. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage. 10. Agreement to defend, indemnify, and hold harmless the City from and against any and all claims, demands, suits, damages, actions, or causes of action, costs and expenses to persons or property, whether public or private, brought against the City, that may arise out of, or be occasioned by, the operation of a Vehicle Sharing Program within Meridian, or any act, omission, or misconduct of the franchisee, or his employees, agents, subcontractors, representatives. arising, arisen, or to arise out of the franchisee’s operations, to the extent that such claims are not attributable to tortious conduct by the City, its officials, its employees, or its agents. Initial franchise applications may be submitted no earlier than 8:00 a.m. on January 2 or, if January 2 falls on a non-business day, 8:00 a.m. on the next business day. In the case of a tie, the applicants shall appear before the City Clerk and the City Attorney, or their designees, within two (2) business days following submission of applications, and the tie shall be determined by a toss of a coin. Within twenty-one (21) days of receipt of a complete application, the City Clerk or designee shall either issue a City of Meridian Vehicle Sharing Program Operator Franchise to the applicant or deny the application. E. Issuance. Where duly issued by the City Clerk, the Vehicle Sharing Program Operator Franchise shall include, on its face: 1. The name(s) of the franchisee; 2. Number of shared vehicles Operator is authorized to deploy; 3. Any conditions of operation that are necessary to protect the public health, safety, and welfare and mitigate effects of the Program on vehicular traffic, pedestrians, or property; and 4. Franchise expiration date. F. Denial. The City Clerk shall deny an application for a Vehicle Sharing Program Operator Franchise where: 1. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 2. The proposed Program is not being conducted or will not be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; 3. The applicant has been convicted of a violation of any provision of this section within the one (1) year preceding the date of submission of the application; 4. The applicant has had a franchise revoked in the one (1) year preceding the date of submission of the application; 5. The applicant has an outstanding balance due and owing to the City of Meridian; 6. The proposed Vehicle Sharing Program will initially deploy fewer than one hundred (100) or more than three hundred fifty (350) shared vehicles; or Meridian City Council Meeting Agenda February 19, 2019 – Page 241 of 476 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 5 7. Two (2) Vehicle Sharing Program Operators are already franchised in the City of Meridian. G. Revocation. In addition to any and all other applicable civil or criminal penalties, the City Clerk or designee may revoke a City of Meridian Vehicle Sharing Program Operator Franchise where: 1. Any term or condition of the franchise is violated by the Operator or by any employee or person operating or acting under such franchise. 2. In the course of conducting a Vehicle Sharing Program, the Operator or any employee or person operating or acting under such franchise violates a provision of this Chapter or of any other local, State, or Federal law. 3. It is found, after issuance of such franchise, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. 4. The operation of the Program and/or any component thereof varies materially from the description submitted with the application. 5. The Operator fails to timely remit all or any portion of the franchise fee. 6. The Chief of Police communicates to the City Clerk a written finding that the franchisee has demonstrated a pattern of actions or practices that present or could foreseeably present a threat to the public health, safety, or welfare, as such finding may be substantiated by complaint(s) received by City and/or other government agency, response(s) by City employees or agents to incidents involving shared vehicles, and/or other evidence or information. The City Clerk shall notify the franchisee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Vehicle Sharing Program Operator Franchise application. Such revocation shall be effective immediately upon mailing by the City Clerk. H. Appeal. Appeal of the City Clerk’s denial of an application for a Vehicle Sharing Program Operator Franchise, revocation of an application for a Vehicle Sharing Program Operator Franchise, or denial of an application for an increase in the maximum number of shared vehicles offered under the Vehicle Sharing Program, may be made by the applicant within fourteen (14) days of such denial or revocation, except that there shall be no right to appeal a denial on the grounds that the application is incomplete or required application materials or fees were not submitted. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council’s decision on such appeal shall be a final decision. I. Term. Each Franchise shall expire at 11:59 p.m. on December 31, unless sooner revoked or renewed. J. Renewal. Application for renewal of a Vehicle Sharing Program Operator Franchise may be made to the City Clerk, in the same form and manner as an application for an initial franchise, except that an application for renewal may be submitted no earlier than 8:00 a.m. on December 15 or, if December 15 falls on a non-business day, 8:00 a.m. on the next Meridian City Council Meeting Agenda February 19, 2019 – Page 242 of 476 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 6 business day. Renewing franchisees may request authorization to deploy the number of shared vehicles authorized in the previous year. K. Increase in number of shared vehicles. Every thirty (30) days, each Operator may apply for authorization to increase the maximum number of shared vehicles offered under its Vehicle Sharing Program Franchise. Operator may apply for authorization to increase the number of shared vehicles authorized under the Operator’s Vehicle Sharing Program Franchise, by any increment, up to a maximum of three hundred fifty (350) shared vehicles. If the number of shared vehicles authorized under the Operator’s Vehicle Sharing Program Franchise is at or above three hundred fifty (350) shared vehicles, Operator may apply for a 20% increase in the maximum number of shared vehicles authorized under the Vehicle Sharing Program Franchise. 1. An application for an increase in the maximum number of shared vehicles offered under a Vehicle Sharing Program Operator Franchise shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to: a. Applicant’s name, telephone number, local address, and corporate addresses. b. A description of which and how many additional shared vehicles are to be offered for hire or use. c. The plan and contact information for addressing public safety issues related to the additional shared vehicles’ operation and/or parking. d. Application fee as set forth in City fee schedule. e. Operator’s certification that all shared vehicles offered by Operator under its initial Vehicle Sharing Program franchise were used, on average, at least three times per day in the previous month, and data verifying same, except that Operator need not make such showing if the total number of shared vehicles authorized, including the additional shared vehicles requested, equals or is less than three hundred fifty (350) total shared vehicles. 2. Within fourteen (14) days of receipt of a complete application, the City Clerk or designee shall either issue an amended City of Meridian Vehicle Sharing Program Operator Franchise to the applicant or deny the application. The amended franchise shall expire at 11:59 p.m. on December 31, unless sooner revoked or surrendered. 3. The City Clerk shall deny an application for an increase in the maximum number of shared vehicles offered under a Vehicle Sharing Program Operator Franchise where: a. Where applicable, data does not reflect that all shared vehicles offered by Operator under the previous version of the Vehicle Sharing Program franchise were used, on average, at least three times per day in the previous thirty (30) days. b. The Operator has violated a term or condition of the franchise or this chapter, or c. The operation of the Program and/or any component thereof has varied materially from the description submitted with the application. L. Removal of shared vehicles. Upon denial or revocation of an application for a Vehicle Sharing Program Operator Franchise, expiration of the franchise term, or failure to timely remit all or any portion of the franchise fee, Operator shall remove any and all shared vehicles offered for hire or use. No person or entity may offer a shared vehicle for hire or Meridian City Council Meeting Agenda February 19, 2019 – Page 243 of 476 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 7 use without a Vehicle Sharing Program Operator Franchise, and City may remove any shared vehicles offered by an unfranchised Operator. M. Limitations. A franchise issued pursuant to this Chapter is only valid for program operation within the public right-of-way within the City of Meridian. Operators and/or riders must obtain permission to use or allow shared vehicles on property other than the public right-of- way, including property owned by private parties, public entities, or by the City of Meridian as to parks, pathways, or facilities owned by City. Private property owners and government entities may restrict or prohibit the use of shared vehicles and/or the conduct of a Vehicle Sharing Program on their property. SECTION 3-6-3: VEHICLE SHARING PROGRAM OPERATOR REQUIREMENTS: A. Timely start. Operator shall offer shared vehicles under its Vehicle Sharing Program within thirty (30) days of issuance of its Vehicle Sharing Program Operator Franchise. B. Quarterly data reports. To inform and support public safety and transportation planning efforts, Vehicle Sharing Program Operators shall provide to the City, in the form and manner requested by the Clerk’s Office, a quarterly report of anonymized trip records for each shared vehicle deployed within Meridian, to include, but not be limited to, the following data: trip start date, time, and location; duration; distance; and trip end date, time, and location. C. Shared vehicle specifications. Operators shall ensure that each shared vehicle used under a Vehicle Sharing Program is: 1. Labeled with current contact information for the franchisee and explains the method by which customers can notify the local agent of the franchisee to report safety or maintenance issues. 2. Able to stand upright when parked. 3. Capable of informing riders of the location of designated parking areas. 4. Capable of being remotely disabled. 5. Capable of being located and controlled remotely, by geofencing or other remote technology. 6. In good repair so as not to interfere with or degrade public facilities, operations, systems, or equipment or to present an imminent or foreseeable threat to the safety of riders or the public. D. Hours of operation. Operators shall remove all shared vehicles authorized under a Vehicle Sharing Program between 11:00 p.m. and 6:00 a.m. E. Parking. Riders shall park shared vehicles upright. No person shall park a shared vehicle used under a Vehicle Sharing Program: 1. In any vehicular travel lane or bike lane; 2. In a manner or location that reduces the width of the useable area of a public sidewalk or pathway to less than five feet (5’). 3. On a block without sidewalks; 4. In a manner or location that impedes ADA accommodations, including, but not limited to, Meridian City Council Meeting Agenda February 19, 2019 – Page 244 of 476 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 8 curb ramps, railings, or signal buttons; 5. In a manner or location that impedes a fire hydrant or other public safety infrastructure; 6. In any on-street parking space; 7. On private property without permission of the owner of the property; or 8. On or in a driveway. F. Timely response; removal by City. Operator shall respond to any request to move, remove, or redistribute shared vehicles; reports of incorrectly parked shared vehicles; or reports of unsafe/inoperable shared vehicles by relocating, re-parking, or removing the shared vehicle(s) at issue within two (2) hours of receiving notice. Operator shall comply within twenty-four (24) hours with City’s order to remove all shared vehicles due to denial or revocation of an application for a Vehicle Sharing Program Operator Franchise, expiration of the franchise term, or failure to timely remit all or any portion of the franchise fee or any portion thereof. In the event a shared vehicle is not relocated, re-parked, or removed within the timeframe specified herein; if any shared vehicle is parked in one location for more than seventy-two (72) hours without moving; or in exigent circumstances, such shared vehicle may be removed by City and taken to a City facility for storage at the expense of the Operator. City may charge Operator $250 per shared vehicle removed and stored by City. G. Beacons. If Operator installs Beacons, Operator shall provide to City an electronic interface that allows City to view and suggest locations of Beacons. Operator shall not install a Beacon without the permission of the owner of the real and/or personal property on which the Beacon is installed. H. Shared vehicles in City parks. Use of shared vehicles in City parks shall be subject to the following. 1. Riders shall park shared vehicles upright, at a public bicycle rack or at a parking location identified by a Beacon. 2. Operators shall establish geofences to prohibit shared vehicle use in or on the following areas: a. Playgrounds in regional parks; b. Special use parks; c. Tennis courts; and d. Storey Bark Park. 3. Operators deploying shared vehicles in parks shall park such shared vehicles upright, at a public bicycle rack or at a parking location identified by a Beacon. I. Responsible for nuisance. The Operator shall be presumed to be responsible for any general nuisance created by a shared vehicle where such shared vehicle is left on any portion of a public sidewalk or roadway. The Operator bears the burden of rebutting this presumption. J. Rider information. Vehicle Sharing Program Operators shall inform riders of all regulations regarding the proper use and parking of shared vehicles. Operator shall provide a mechanism by which riders may provide feedback to Operator, including feedback regarding parking areas or damaged shared vehicles. Meridian City Council Meeting Agenda February 19, 2019 – Page 245 of 476 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 9 K. Public places. The management and scheduling of parks, pathways, streets, and sidewalks shall at all times be within the sole purview of City and/or, where applicable, the Ada County Highway District (“ACHD”) or Idaho Transportation Department (“ITD”). City shall have the right to condition or the use of, and/or close all or any portion of its property, for any and all purposes and under any and all conditions. At all times, Operator shall be on an equal footing with the general public regarding its use of public property. Operator shall exercise any right granted by its franchise only in accordance with the terms of this Chapter; with any and all applicable laws; and with City, ACHD, and ITD policies. SECTION 3-6-4: PENALTY: Any person committing an act prohibited by this chapter, or failing to comply with a requirement of this chapter, shall be deemed to have committed an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing a violation of any provision of this chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties, as set forth in this Chapter or elsewhere in any applicable City, state, or federal law. Each day upon which a violation of this chapter occurs and/or continues may be deemed a separate and distinct violation. SECTION 3-6-5: ENFORCEMENT: Peace officers, code enforcement officers, and/or community service officers shall be empowered to enforce the provisions of this section. Such officers may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or to the Vehicle Sharing Program Operator. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. Section 2. That Meridian City Code section 4-2-2 shall be amended to read as follows. SECTION 4-2-2: RESPONSIBLE PARTY: A. Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the owner of record, as reflected on the most recent assessment roll, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption. B. Where a general nuisance is created by personal property on any portion of a public sidewalk, the owner of the personal property, if such owner can be identified, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Section 3. That a new section, Meridian City Code section 7-1-9, shall be added to Title 7, Chapter 1, Meridian City Code, to read as follows. Meridian City Council Meeting Agenda February 19, 2019 – Page 246 of 476 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 10 7-1-9: ELECTRIC POWER-ASSISTED BICYCLES AND SCOOTERS: Riders of e-bikes or e-scooters, as such terms are defined in Title 3, Chapter 6, Meridian City Code, shall comply in all respects with the following provisions. 1. Rider s shall yield to pedestrians. 2. Rider s shall ride in bike lane s when available. If no bike lane is available: a. On streets which have a speed limit of 25 miles per hour or less, rider s shall ride on the street. b. On streets which have a speed limit of greater than 25 miles per hour or more, rider s may ride on the adjacent sidewalk. c. On streets which have a speed limit of greater than 45 miles per hour or more, riders shall ride only on the adjacent sidewalk, and shall not ride on the street. 3. Riders riding on a sidewalk must maintain a distance of two feet (2’) from all pedestrians . 4. Riders may not carry any passengers on an e-bike or e-scooter. Section 4. That a new subsection, subsection 7-1-9(F), shall be added to Meridian City Code section 7-1-9, to read as follows. 7-2-2: PROHIBITED PARKING: Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: * * * F. Park or leave unattended an e-bike or e-scooter, as such terms are defined in Title 3, Chapter 6, Meridian City Code: 1. In any vehicular travel lane or bike lane; 2. In a manner or location that reduces the width of the useable area of a public sidewalk or pathway to less than five feet (5’); 3. On a block without sidewalks; 4. In a manner or location that impedes ADA accommodations, including, but not limited to, curb ramps, railings, or signal buttons; 5. In a manner or location that impedes a fire hydrant or other public safety infrastructure; 6. In any on-street parking space; 7. On private property without a written agreement with the owner of the property; or 8. On or in a driveway. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this ordinance shall be effective immediately upon its passage and publication pursuant to Idaho Code section 50-329. PASSED by the City Council of the City of Meridian, Idaho, this ____ day of ______________, 2019. Meridian City Council Meeting Agenda February 19, 2019 – Page 247 of 476 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 11 APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of ______________, 2019. APPROVED: ATTEST: ______________________________ ______________________________ Tammy de Weerd, Mayor C.Jay Coles, City Clerk Meridian City Council Meeting Agenda February 19, 2019 – Page 248 of 476 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 12 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-_________ An Ordinance adding a new chapter, Chapter 6, to Title 3, Meridian City Code, regarding Vehicle Sharing Programs; amending Meridian City Code Section 4-2-2, regarding Party Responsible For Nuisance; adding a new section, Meridian City Code section 7-1-9, to Title 7, Chapter 1, Meridian City Code, regarding electric power-assisted bicycles and scooters; adding a new subsection, subsection 7-1-9(F), To Meridian City Code Section 7-1-9, regarding Prohibited Parking; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. ____________________________________ City of Meridian Mayor and City Council By: C.Jay Coles, City Clerk First Reading: _________________ Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-____________ 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. 19-_____ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ______ day of __________________, 2019. ____________________________________ William L.M. Nary, City Attorney Meridian City Council Meeting Agenda February 19, 2019 – Page 249 of 476 1 Chris Johnson From:Tony Nicholson <tlnloanboy@gmail.com> Sent:Friday, February 15, 2019 11:47 AM To:Meridian City Clerk Subject:E-scooters We do not need these in Meridian. They will only be a nuisance by being left laying around. Additionally, they will be ridden illegally and create obstacles for licensed drivers, causing accidents and potentially risking lives. Show some common sense for the safety of the citizens of Meridian and reject this ordinance. By the way, you might want to fix the email address in Nextdoor app. -- Thanks, Tony Internet Phone Please consider the environment before printing this email . The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. Meridian City Council Meeting Agenda February 19, 2019 – Page 250 of 476 1 Chris Johnson From:Roberta Garvin <fourgarvins@gmail.com> Sent:Friday, February 15, 2019 12:25 PM To:Meridian City Clerk Subject:Comments on scooter ordinance Hello, Approving scooters in Meridian will not help our traffic problems. Why should we take the downsides when there are so few positives? I live in a typical Meridian "block". Scooters won't reduce any of my vehicle trips, nor those of my neighbors. We drive to work (too far to scooter), to shop (no cargo on scooters), to take the kids someplace (multiple scooters? not for small kids), or go much more than a mile (the average Lime ride). I also suspect that I'd have to walk at least a half mile to common area to find a scooter. All of that will keep me, and my many neighbors, in our cars on our roads. Perhaps I'm wrong. Have we researched how and why Meridian drivers use their cars, how far they normally go, and how many passengers they have? What problem will Lime solve? I see the scooters promoted as a way to fix our overcrowded streets, and that just won't happen. Perhaps mass transit is the solution, though it is out of reach. But it's a false binary to say that since we can't do mass transit that we should have scooters. Time would be better spent working with the state to get laws changed so that developers fund new roads and schools. Thanks for listening, Roberta Garvin Meridian City Council Meeting Agenda February 19, 2019 – Page 251 of 476 1 C.Jay Coles From:Tammy de Weerd Sent:Wednesday, February 13, 2019 6:20 PM To:Susan Karnes Cc:Robert Simison; Bruce Wong; C.Jay Coles Subject:RE: Scooters Good evening Susan, Thank you so much for weighing in on the e-scooter ordinance. First, let me thank you for providing your comments, I will pass them along to our City Clerk for inclusion in the public record. I would also invite you to share further next Tuesday at the third reading - and maybe final public comment hearing on the topic before Council makes a decision. Your concerns have been topics of discussion by the committee that brought recommendations to the Council - many of which in the proposed ordinance. There were a couple of the recommendations the Council did not move forward into the ordinance as proposed. I can have my Chief of Staff, Robert Simison, or our Deputy Attorney, Emily Kane give you a call to discuss if you are interested. I would also like to thank you for your comments and the reference to 'streets as places'! Very interesting - I will look further into this. I hope that this is something you bring up in the Comprehensive Plan Steering Committee discussions. It is certainly something I will pass along to Director Bruce Wong with Ada County Highway District for their consideration. My sincere thanks, Mayor Tammy Mayor Tammy de Weerd City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0529| Fax: 208-884-8119 Built for Business, Designed for Living www.meridiancity.org/mayortammy 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. -----Original Message----- From: Susan Karnes [mailto:susankarnes@sbcglobal.net] Sent: Wednesday, February 13, 2019 2:25 PM To: Tammy de Weerd <tdeweerd@meridiancity.org> Subject: Scooters Good afternoon, Mayor, I wasn’t going to weigh in on this one, but I’ve witnessed scooters in use in several U.S. cities, and have been alarmed at the risks operators take that endanger pedestrians and drivers alike. Meridian City Council Meeting Agenda February 19, 2019 – Page 252 of 476 2 Sam and I were in Scottsdale in January, when Arizona headline s were blaring about the rising number of serious injuries being reported by ERs and the PD. We witnessed an accident’s aftermath that required numerous street closures and Careflight. It would be my hope that the Meridian police department would have an array of various citations to write (reckless endangerment, etc); that the city would require continuity between its ordinances and the instructions on the scooters (whether they must be driven on sidewalks or streets, per article below); that the city would invite its medical community to offer ideas for mitigating accidents and injuries; and that ACHD and cities across the Valley study and then build streets that can safely accommodate scooters and bicycles. I’m also terribly concerned about helmet use—rather, the lack thereof. Needless to say, I’m concerned about the city’s legal liability. If this is the wave of the future, it offers some exciting opportunities, too: The Urban Land Institute has published several pieces about “Streets as Places” that offer wider walkways and bike lanes—where streets become popular civic spaces and activities spill into them after work hours. It’s my hope, as we consider development in districts of our city where we aim to create destinations and gathering spaces, that we will integrate street design that invites various transportation modes, offers safe lanes for all users, and is valued as a critical element of those districts. Warm regards, Susan Karnes 5556 S Graphite Way https://www.washingtonpost.com/technology/2019/02/11/lime-scooter-accident-left-ashanti-jordan-vegetative-state- now-her-mother-is-suing-company-her-behalf/ Sent from my iPhone Meridian City Council Meeting Agenda February 19, 2019 – Page 253 of 476 1 Chris Johnson From:Ross-Anne Pearson <rqpearson7@gmail.com> Sent:Friday, February 15, 2019 1:27 PM To:Meridian City Clerk Subject:E-scooters Not a good idea. Sent from my iPhone Meridian City Council Meeting Agenda February 19, 2019 – Page 254 of 476 1 Chris Johnson From:Alexa Conway <alexaconway@earthlink.net> Sent:Friday, February 15, 2019 12:48 PM To:Meridian City Clerk Subject:E vehicles I just read through the E-Scooters info. I am not seeing who the riders are supposed to be. I believe I remember that underage kids were abusing the original system but I see nothing to purport how this would be only usable to licensed drivers, etc. I would expect a need to scan a CC or DL or something in order to operate the scooters. Kids don’t know the rules of the road. If this is not going to be enforced, I see accidents coming, theft, injuries, etc caused by youngsters. How would this be made useful to adults instead of children? Thx, Alexa Conway Meridian City Council Meeting Agenda February 19, 2019 – Page 255 of 476 1 Chris Johnson From:Jamie Bakun <jamie.bakun@gmail.com> Sent:Friday, February 15, 2019 12:47 PM To:Meridian City Clerk Subject:Regarding Ordinance No. 19-1809 To Whom It May Concern: I am confused or not reading this right? This ordinance document seems to be a 2-in-1 to get approval for E-Scooters?!?! Clearly, Ride Sharing regulations is sensible and most likely should get an approval. However, I feel like this ordinance has been written (like most government documents) to get approval for something, but then get a non-sensible option also approved and passed below the belt? Ride Sharing is for companies like Uber, Lyft, etc., correct? I am definitely in support of ride-sharing and holding those franchises to regulations/rules. However, I am confused as to the E-Scooter portion of the Ordinance? Shouldn't this be completely separate? I do not think that approving E-Scooters is OK in Meridian. This is just another form of the failed bike share program introduced in other cities that left tons of bikes scattered throughout multiple the cities that adopted it. In the end, the bikes were destroyed and not even donated? What a waste of time, money, resources, and clean up. These TWO different issues need to be separated. I APPROVE/AGREE the ordinance/rules for Ride Sharing, but DO NOT APPROVE/DISAGREE with having E-Scooters in Meridian. Thank you for your time and I hope this correspondence is heard/considered. Sincerely, Jamie Bakun Meridian City Council Meeting Agenda February 19, 2019 – Page 256 of 476 1 Chris Johnson From:Jason Fish <msgtfish@gmail.com> Sent:Friday, February 15, 2019 12:46 PM To:Meridian City Clerk Subject:Support Scooters Please APPROVE scooter use in Meridi an. Boise has proven that their use is desired as they are already adding a third company. I realize there are growing pains but these are a fun and inexpensive family activity. Thank you, Jason Fish Meridian City Council Meeting Agenda February 19, 2019 – Page 257 of 476 1 Chris Johnson From:Donald Soper <donald.soper@att.net> Sent:Friday, February 15, 2019 12:44 PM To:Meridian City Clerk Subject:E-scooter proposal To whom it may concern, Re the proposal to permit E-scooter operations in Meridian, I am ambivalent. I am aware of the success of their use in Boise; however, Boise differs from Meridian in several ways. Boise has a large, well-defined downtown business area about which rapid movement can help. Meridian’s downtown business area is compact enough that walking is probably as fast as acquiring and releasing an E- scooter. Boise has a large student population at Boise State University which probably uses a great number of E- scooter trips both within the campus and between the campus and Boise’s business areas. Meridian’s student population is mostly primary and secondary school aged, who are minimally savvy about safely operating motorized equipment in traffic. Meridian is primarily a residential community, characterized by fairly large distances between housing and in-town destinations. Trips in Meridian are seldom by foot, mainly by motor vehicle or bicycle. E-scooter use for shopping trips is limited by the ability of E-scooter riders to carry much and maintain control. During the previous E-scooter operations in Meridian, it appeared a significant portion of their use could be termed “joy-riding”, with scooters left scattered in inconvenient locations. I would like to see an analysis of E-scooter use in Boise’s peripheral residential areas (e.g., North End, Bench, West End, etc.). I believe such an analysis will more closely approximate E-scooter use in Meridian. If those Boise areas have minimal problems, then Meridian may have similar results. Sincerely, Donald Soper 347 W. Valentino St. Meridian, ID (208) 473-1399 Sent from my iPad Meridian City Council Meeting Agenda February 19, 2019 – Page 258 of 476 1 Chris Johnson From:Bob Cooper <wincoop@yahoo.com> Sent:Friday, February 15, 2019 4:25 PM To:Meridian City Clerk Subject:E-scooters Poll E-scooters are “accidents waiting to happen”. Encourage bicycles for exercise. Sent from my iPhone Meridian City Council Meeting Agenda February 19, 2019 – Page 259 of 476 1 Chris Johnson From:Jeannette Duvallward <duvallward@verizon.net> Sent:Friday, February 15, 2019 4:56 PM To:Meridian City Clerk Subject:E Scooters Comment Hi Kaycee. I was recently (November 2018) on a vacation in downtown San Antonio Texas. E- scooters seemed to be everywhere. Quite often they were blocking the public sidewalk where we had to walk around them, or they were laid down and not upright. They looked abandoned. Also, people riding them, at times, weren’t riding in the most safe way like going too fast for the condition on the sidewalk (i.e., people walking). It would be nice to know the purpose for which people use the scooters (good data) because does it really serve the purpose or are they being used for joy riding? Another question - Is there a cost to the city for this program (aka the taxpayer) or are the costs borne by the contractors/vendors who own the scooters? Is this really the best energy efficiency wise or environmentally? I read that it really isn’t the best environmentally because people still have to use their cars – no data was cited in the article, though. Jeannette............. Meridian City Council Meeting Agenda February 19, 2019 – Page 260 of 476 1 Chris Johnson From:Susan Hrenchir <shrenchir2010@gmail.com> Sent:Friday, February 15, 2019 4:56 PM To:Meridian City Clerk Subject:e scooters We DO NOT NEED e scooters in Meridian. This is a total waste of our tax dollars. We don't need to be sheep and follow what everyone else is doing in their cities. Read up about Southern California and see what problems they are having with their scooters. Nonsense. Meridian City Council Meeting Agenda February 19, 2019 – Page 261 of 476 1 Chris Johnson From:rick woodland <rickwccfc@yahoo.com> Sent:Friday, February 15, 2019 5:33 PM To:Meridian City Clerk Subject:scooters I vote No… I have observed that most who ride them do not pay attention to the traffic around them. They are an accident ready to happen. Sent from Mail for Windows 10 Meridian City Council Meeting Agenda February 19, 2019 – Page 262 of 476 1 Chris Johnson From:Peggy Hodson <entombed62@gmail.com> Sent:Friday, February 15, 2019 5:14 PM To:Meridian City Clerk Subject:E-Scooters in Meridian While I support this I really hope that there is more oversight. Having people hide the scooters in their garage while they "take a break" from riding needs to have a fine attached to it. Helmets should also be a requirement. Meridian City Council Meeting Agenda February 19, 2019 – Page 263 of 476 1 Chris Johnson From:James Crotty <jpcrotty2@gmail.com> Sent:Saturday, February 16, 2019 9:03 AM To:Meridian City Clerk Subject:e-scooters I am currently in Mesa AZ for the winter and have seen these e-scooters everywhere. They have been left on street corners, in front of businesses, and up and down streets in subdivisions. There doesn't seem to be very clear guidelines for the drivers of these scooters. I have seen them riding in the street as well as up on the sidewalks. I have also witnessed people trying to juggle their belongings while driving these scooters. I feel the only place these could be a benefit is on a college campus or somewhere like it. We don't need bicycles and scooters all over the city. Meridian City Council Meeting Agenda February 19, 2019 – Page 264 of 476 1 Chris Johnson From:Janice <msmouse@cableone.net> Sent:Sunday, February 17, 2019 4:14 PM To:Meridian City Clerk Subject:E-schoolers NO Sent from my iPhone Meridian City Council Meeting Agenda February 19, 2019 – Page 265 of 476 1 From: shawn maples [mailto:shawnmaples@gmail.com] Sent: Tuesday, February 19, 2019 6:41 AM To: Communications <Communications@meridiancity.org> Subject: E scooter issues If at all possible please eliminate or greatly limit the number of e scooters in the city.. they create a pedestrian and motor vehicle Hazzard and visually unappealing.. Meridian City Council Meeting Agenda February 19, 2019 – Page 266 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 267 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 9 B Project File Number: Item Title: Resolution 19-2128 A Resolution Adopting New Fees Related to Vehicle Sharing Programs; Authorizing the City Clerk's Office to Collect Such Fees; And Providing and Effective Date Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.B . Presenter: Estimated Time f or P resentation: Title of I tem - Resolution No. 19-2128: A Resolution Adopting New F ees Related To Vehicle Sharing P rograms; Authorizing T he City Clerk’s Office To Collect S uch F ees; And Providing An Effective Date C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Resolution Resolution 2/15/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 2/15/2019 - 10:54 A M Meridian City Council Meeting Agenda February 19, 2019 – Page 268 of 476 ADOPTION OF FEES FOR VEHICLE SHARING PROGRAMS PAGE 1 OF 1 CITY OF MERIDIAN RESOLUTION NO. 19-2128 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION ADOPTING NEW FEES RELATED TO VEHICLE SHARING PROGRAMS; AUTHORIZING THE CITY CLERK’S OFFICE TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , following publication of notice in the Meridian Press on February 1, 2019 and February 8, 2019, according to the requirements of Idaho Code section 63-1311A, on February 12, 2019, the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian City Clerk’s Office, as set forth below; and WHEREAS , following such hearing, the City Council, by formal motion, did approve said proposed new fees; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the following fees are hereby adopted: Fee Amount Application fee for Vehicle Sharing Program Operator Franchise (New) $102.00 Application fee for Vehicle Sharing Progra m Operator Franchise (Renewing) $60.00 Application fee for increase in shared vehicles $30.00 Franchise fee for Vehicle Sharing Program Operator Franchise $25,000.00 Shared Vehicle removal and storage fee $250.00 Section 2. That the Meridian City Clerk’s Office is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect as of March 8, 2019. ADOPTED by the City Council of the City of Meridian, Idaho, this 19th day of February, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 19th day of February, 2019. APPROVED: ATTEST: Tammy de Weerd, Mayor C.Jay Coles, City Clerk Meridian City Council Meeting Agenda February 19, 2019 – Page 269 of 476 City Council Meeting February 19, 2019 #2.1a -All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-4-3-2A.1.The Commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. The Applicant requests 100’ is measured from residential structure, rather than residential district. #2.1c -If an outdoor speaker system(s) is proposed, the location of such shall be depicted on the plans at least 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. The Applicants requests a waiver from this standard as allowed through a CUP. In the alternative of a waiver, the Applicant requests the 100’ is interpreted to be from residential structures, not residential districts. #2.1d -The outdoor event or activity center, which includes but is not limited to the swimming pools, shall not be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2. The Applicant requests earlier hours of operation of 5 am instead of 6 am for outdoor activities (Mon-Fri seasonally); and waiver of 50’ setback. The UDC does not allow for a waiver of the setback standard. (Note: The southern swimming pool is located 70+/-’ from the property line but the lounge area is within 20’ of the property line.) #2.2 -The hours of operation of the athletic club and spa are limited to the hours between 5:00 4:00 am and 10:00 midnight (12:00 am) pm for indoor activities and 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm as approved with this application. The Applicant requests earlier hours of operation for outdoor activities of 5 am instead of 6 am (Mon-Fri seasonally) consistent with #2.1d. #2.10 -The Applicant shall work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot. The Applicant requests the following text is added, “if permitted by ACHD” in the event ACHD will not allow a crosswalk. Staff is amenable to this change. Existing Concept Plan Proposed Concept Plan Conceptual Building Elevations Zoning Map Future Land Use Map Countryside Collection Garden Collection Woodland Collection Conceptual Building Elevations Zoning Map Future Land Use Map Countryside Collection Garden Collection Woodland Collection Conceptual Building Elevations Changes to Agenda: Item #9E, #9F, #9G: Oaks North and South MDA, Oakmore, and Oakwind – Applicant requests continuance to April 16th All three items are requesting continuance because the applicant is exploring options with the properties that may correlate with existing zoning. NOTE: Council should determine whether they want to require a re-noticing fee for these requested extensions Item #9C&D: Villasport CR (H-2019-0011) & MDA (H-2018-0121) Application(s): City Council Review of the Commission’s Decision on the CUP (H-2018-0121) (The CUP was for an indoor/outdoor arts, entertainment or recreation facility and spa in the C-G district with extended hours of operation contingent upon Council approval of the MDA.) #2.1a - All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-4-3-2A.1. The Commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. The Applicant requests 100’ is measured from residential structure, rather than residential district. #2.1c - If an outdoor speaker system(s) is proposed, the location of such shall be depicted on the plans at least 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. The Applicants requests a waiver from this standard as allowed by the UDC through a CUP. In the alternative of a waiver, the Applicant requests the 100’ is interpreted to be from residential structures, not residential districts. #2.1d - The outdoor event or activity center, which includes but is not limited to the swimming pools, shall not be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2. The Applicant requests earlier hours of operation of 5 am instead of 6 am for outdoor activities (Mon-Fri seasonally); and waiver of 50’ setback. The UDC does not allow for a waiver of the setback standard. (Note: The southern swimming pool is located 70+/-’ from the property line but the lounge area is within 20’ of the property line. With approval of the PBA that’s in process, the northern swimming pool will not be within 50’ of the property line.) #2.2 - The hours of operation of the athletic club and spa are limited to the hours between 5:00 4:00 am and 10:00 midnight (12:00 am) pm for indoor activities and 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm as approved with this application. The Applicant requests earlier hours of operation for outdoor activities of 5 am instead of 6 am (Mon-Fri seasonally) consistent with #2.1d. #2.10 - The Applicant shall work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot. The Applicant requests the following text is added, “if permitted by ACHD” in the event ACHD will not allow a crosswalk. Staff is amenable to this change. Development Agreement Modification Size of property, existing zoning, and location: This site consists of 11.39 acres of land, zoned C-G, located at the SWC of N. Eagle Rd. and E. Ustick Rd. History: This property was annexed in 2005 with a DA (Sadie Creek Commons). The previously approved conceptual development plan was for a mixed use development consisting of 150,000 square feet of commercial retail, restaurant and office uses on 15.33 acres of land; three (3) accesses were approved via E. Ustick Rd. and one right-in/right-out was approved via N. Eagle Rd. The provisions in the DA pertain to that development plan and is applicable to the subject property as well as the out-parcel at the northeast corner of this site. Comprehensive Plan FLUM Designation: MU-R Summary of Request: The DA modification proposes to remove the subject property from the terms of the existing development agreement and enter into a new DA for the proposed development/site. A new conceptual development plan and building elevations are proposed with the subject application that demonstrate how the property is now proposed to develop. The new plan proposes a 99,000+/- square foot 2-story building for an athletic club and spa and a 15,300+/- square foot retail building; associated parking for the proposed uses is also depicted. Access is proposed via Centrepoint Way along the project’s west boundary and from Cajun Ln. to the south; an access is also proposed via Ustick Rd., an arterial street, which requires Council approval of a waiver to UDC 11-3A-3 because access is available via existing local streets. Written Testimony: David Durfee & Steve Grant (both against hours of operation earlier than 6 am) Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0121, as presented in the staff report for the hearing date of February 19, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0121, as presented during the hearing on February 19, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0121 to the hearing date of February 19, 2019 for the following reason(s): (You should state specific reason(s) for continuance.) Item #9H: Avebury Subdivision (H-2018-0141) Application(s): Miscellaneous application for a six-month time extension on the expired plat (expired Sept. 8, 2017) Final plat modification Development agreement modification Size of property, existing zoning, and location: This site consists of 2.6 acres of land, zoned R-15, located at 800 E Pine Ave. History: In 2015, the property was rezoned from L-O to R-15 and entered into the subject development agreement. A preliminary plat for 15 SFR lots and 5 common lots was also approved in 2015. In 2016, a final plat for 14 SFR lots and 4 common lots was approved. In 2017, a modification to the final plat to accommodate additional storm water drainage, as required by ACHD, was approved. The City Engineer’s signature was not received by the plat expiration date in Sept. 2017. Comprehensive Plan FLUM Designation: MDR Summary of Request: The originally approved plat was configured with on-site drainage incorporated into seepage beds. Upon preparing for construction the applicant discovered the groundwater level was too high for seepage beds. ACHD required the applicant install a storm water drainage swale on the eastern boundary of the site. As a result, building lots have decreased by 1, zero lot line has been depicted on Lots 14 and 15, Block 1, and PUDI easements have been decreased from 5 to 3 on the west side of lots to accommodate the space needed for the swale required by ACHD. Because of these changes, the applicant requests a final plat modification to vary from the original configuration and a DA modification to allow for a single-family attached home. Additionally, the applicant requests a miscellaneous application to ask for a six-month time extension on the already expired plat. City code requires the City Engineer’s signature or a time extension be submitted prior to the expiration of a plat – in this case that date was Sept. 7, 2017. The delay in acquiring the City Engineer’s signature was due to the applicant working to accommodate ACHD’s requirements. Site improvements including utilities and landscaping have been completed and the storm water swale has been approved by ACHD. Staff is amenable to the applicant’s requests as the proposed plat has the same number of buildable and common lots. If approved, the applicant will be required to submit a design review application for the proposed attached home; the remainder of homes in the subdivision shall comply with the elevations in the exhibit attached to the DA. Written Testimony: None received Staff Recommendation: Approval with conditions in the staff report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0141, as presented in the staff report for the hearing date of February 19, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0141, as presented during the hearing on February 19, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0141 to the hearing date of [date] for the following reason(s): (You should state specific reason(s) for continuance.) City Council Regular Meeting February 19, 2019 Agenda Item Number: 9 C Project File Number: H-2019-0011 Item Title: Public Hearing for Villasport (H-2019-0011) by Sadie Creek Commons, LLC, Located the SW Corner of E. Ustick Rd. and N. Eagle Rd. Request: Council Review of application H-2018-0121 and the Planning and Zoning Commissions requirements related to conditions of approval: a. UDC 11-4-3-2A.1, which requires all outdoor recreation areas and structures that are not fully enclosed to maintain a minimum setback of 100 feet from any abutting residential district; b. UDC 11-3A-13, which requires outdoor speaker systems associated with the use to be located a minimum of 100 feet from all residential districts; c. UDC 11-4-3-2A.2, which prohibits outdoor event or activity centers from being located within 50 feet of any property line and limits the hours of operation to those between 6:00 am and 11:00 pm; d. Condition #2.2, which limits the hours of operation of the athletic club and spa to the hours between 4:00 am and midnight (12:00 am) for indoor activities and 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm; e. Condition #2.10, which requires the Applicant to work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Villasport (H-2019-0011) by S adie C reek Commons, L L C, L ocated the S W C orner of E . Ustick Rd. and N. Eagle Rd. C lic k Here for Applic ation Materials C lic k Here for H-2018-0121 P rojec t F older C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes from Planning and Z oning Commission (H-2018- 0121)B ackup Material 1/24/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/15/2019 - 3:55 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 270 of 476 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 2/19/2019 Hearing Type: Council Item Number: 9-C Project Name: VillaSport CR Project No.: H-2019-0011 Active: ❑ Page 1 of 1 Signature City -State- I Wish To Sign In Address For Against Neutral Name Zip Testify Date/Time 3005 N JEFFREY 2/18/2019 LEBLANC MERIDIAN X X VRBA 5:58:07 PM WAY Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=176 2/20/2019 City Council Regular Meeting February 19, 2019 Agenda Item Number: 9 D Project File Number: H-2018-0121 Item Title: Public Hearing Continued from January 22, 2019 for Villasport (H-2018-0121) by Sadie Creek Commons, LLC, Located onthe SW corner of E. Ustick Rd. and N. Eagle Rd. 1. Request: Modification to an Existing Development Agreement for the purpose of removing the property from DA Instrument #108008770 and enter into a new development agreement Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from J anuary 22, 2019 for Villasport (H-2018-0121) by Sadie C reek Commons, L L C , L ocated on the S W corner of E. Ustick Rd. and N. Eagle Rd. C lick H ere for Application M aterials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 2/13/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/14/2019 - 7:45 A M Meridian City Council Meeting Agenda February 19, 2019 – Page 295 of 476 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 2/19/2019 Hearing Type: Council Item Number: 9-D Project Name: VillaSport MDA Project No.: H-2018-0121 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=149 2/20/2019 Page 1 HEARING DATE: February 19, 2019 Continued from: 1/22/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0121 Villasport - MDA LOCATION: Southwest corner of E. Ustick Rd. and N. Eagle Rd. in the NE ¼ of Section 5, T.3N., R.1E. Parcels: S1105110067; S1105110100 I. PROJECT DESCRIPTION The Applicant requests a modification to the existing Development Agreement (DA) (Inst. #108008770, Sadie Creek Commons) to remove the subject property from the agreement and enter into a new agreement for the proposed development. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda February 19, 2019 – Page 296 of 476 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Project Area Maps Description Details Page Acreage 11.39 Future Land Use Designation MU-R (mixed-use regional) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Athletic club (i.e. indoor/outdoor entertainment/recreation facility) and spa (i.e. personal service); and retail Current Zoning C-G Proposed Zoning NA Physical Features (waterways, hazards, flood plain, hillside) The Milk Lateral runs along north and east boundaries of site Neighborhood meeting date; # of attendees: July 18, 2018; 6 attendees History (previous approvals) ROS #6418 created the configuration of these parcels approved by the City in 2004. AZ-05-052 (DA #108008770, Sadie Creek Commons); PP-05-053 and CUP-05-049 (expired); VAR-05-022 (right-in/right-out access via Eagle Rd.); MDA-13-005 (amended DA that was never executed & has since expired); A-2018-0361 (PBA –reconfigured 2 existing parcels) Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda February 19, 2019 – Page 297 of 476 Page 3 III. APPLICANT INFORMATION A. Applicant: Sadie Creek Commons, LLC – 10789 W. Twain Ave. #200, Las Vegas, NV 89135 B. Owner: Same as Applicant C. Representative: Tamara Thompson, The Land Group – 462 E. Shore Drive, Ste. 100, Eagle, ID 83616 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Legal notice published in newspaper 2/1/2019 Radius notification mailed to properties within 300 feet 1/29/2019 Nextdoor posting 1/29/2019 Public hearing notice sign posted on site 2/7/2019 V. STAFF ANALYSIS The development agreement modification proposes to remove the subject property from the terms of the existing development agreement [i.e. Inst. #108008770, AZ-05-052 Sadie Creek Commons] and enter into a new development agreement for the proposed development/site. The previously approved conceptual development plan was for a mixed use development consisting of 150,000 square feet of commercial retail, restaurant and office uses on 15.33 acres of land; three (3) accesses were approved via E. Ustick Rd. and one right-in/right-out was approved via N. Eagle Meridian City Council Meeting Agenda February 19, 2019 – Page 298 of 476 Page 4 Rd. (see Section VII.A). The provisions in the DA pertain to that development plan and is applicable to the subject property as well as the out-parcel at the northeast corner of this site. A new conceptual development plan and building elevations are proposed with the subject application that demonstrate how the property is now proposed to develop. The new plan proposes a 99,000+/- square foot 2-story building for an athletic club and spa and a 15,300+/- square foot retail building; associated parking for the proposed uses is also depicted (see Section VII.B). Note: A concurrent conditional use permit (CUP) application was submitted with the subject MDA application that was approved by the Commission contingent upon Council approval of the MDA application. Since that approval, the Applicant submitted a request for City Council review (H- 2019-0011) of the Commission’s decision on several conditions associated with the CUP; this request will be scheduled on the same agenda before the MDA application. If Council approves any changes to the CUP conditions through the Council Review request, the DA provisions in Section VIII of this report should be updated accordingly. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) Mixed-Use Regional (MU-R) The purpose of the MU-R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should have a regional draw with the appropriate supporting uses. Developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 in the Comprehensive Plan as shown below. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): The proposed development promotes the following action items contained in the Comprehensive Plan: (staff’s analysis in italics) “Plan for an encourage services like healthcare, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed athletic club/spa will be located in close proximity to residential uses. “Develop indoor/outdoor multiple-use facilities (i.e. recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural and sports purposes and uses.” (6.01.02D) The proposed indoor/outdoor athletic club will provide for a variety of recreational, educational and sports opportunities to area residents. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The outdoor hours of operation of the proposed facility will be limited to 6:00 am 11:00 pm, which should be compatible with adjacent residential uses. Additionally, the outdoor recreation area is required to maintain a minimum setback of 100’ from any abutting residential property line with a home. “Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) A landscape buffer/screening will be provided adjacent to residential properties in accord with UDC standards. C. Proposed Use Analysis: The proposed athletic club is classified as an “arts, entertainment or recreation facility, outdoor” and the spa is classified as a “personal service” in UDC 11-1A-1; both are listed as principal permitted uses in the C-G district per UDC Table 11-2B-2. Meridian City Council Meeting Agenda February 19, 2019 – Page 299 of 476 Page 5 A CUP (H-2018-0121) was recently approved, contingent upon Council approval of the subject MDA application, solely for the proposed hours of operation of the facility because the property abuts a residential use and district in accord with UDC 11-2B-3A.4. The Commission allowed the hours of operation for the athletic club and spa to be from 4:00 am to 12:00 am (midnight) for indoor activities and from 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm. Note: The Applicant has submitted a request for Council review of the Commission’s decision on the CUP application (H-2018-0121) in regard to several UDC standards (see H-2019-0011 for more information). VI. DECISION A. Staff: Staff recommends approval of the proposed modification to the Development Agreement in accord with the provisions in Section VIII. Note: The easternmost driveway access via E. Ustick Rd. depicted on the concept plan in Section VII.B requires Council approval of a waiver to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. In this case, access is available via (2) local streets. If a waiver, is not approved, the site plan should be revised accordingly. Council action is needed on this request. Meridian City Council Meeting Agenda February 19, 2019 – Page 300 of 476 Page 6 VII. EXHIBITS A. Existing Development Agreement Provisions & Conceptual Development Plan (AZ-05-052, Instrument No. 108008770) Link to full version of Development Agreement: Sadie Creek Promenade AZ-05-052 Applicable Development Agreement Provisions: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Construction and development of up to 150,282 square feet of retail/restaurant/ and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ 05-052 application. The 36.33 acre site, which includes a portion of this project, was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation (file no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the AZ 05-052 application for informational purposes. This entire project consists of 15.33 acres a preliminary plat and conditional use permit was submitted and approved (PP-05-053, and CUP-05-049) which satisfies the CUP condition of the previous DA agreement. Certificates of Zoning Compliance are required for all buildings in this project. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain the City’s approval thereof, in accordance to the City’s Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 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 the development. Meridian City Council Meeting Agenda February 19, 2019 – Page 301 of 476 Page 7 2. That the applicant be responsible for all costs associated with the sewer and water service extension. 3. 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. 4. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots including masonry block wall on western boundary. 5. That the maximum square footage of one single building shall not exceed 75,141square feet, which is ½ of the maximum requested of 150,282 square feet 6. That all buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be 6 am – 10 pm. 7. That the applicant shall redesign the site to meet the 300’ standard separation for drive thru uses with this application or variance is obtained. 8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. 9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office uses only. Non retail uses shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as permitted shall be subject to conditional approval. 10. That the western most public road referenced to as Sadie Creek Avenue may be renamed as approved by the Ada County Street Naming Commit tee. The road name has been approved as Centrepoint Way. Meridian City Council Meeting Agenda February 19, 2019 – Page 302 of 476 Page 8 B. Proposed Concept Plan (dated: 10/18/18) & Building Elevations (dated: 7/17/18) Meridian City Council Meeting Agenda February 19, 2019 – Page 303 of 476 Page 9 Meridian City Council Meeting Agenda February 19, 2019 – Page 304 of 476 Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Development Agreement Modification A new Development Agreement (DA) is required as a provision of the request for a modification to the existing DA to exclude this property from the existing agreement (Inst. 108008770). A new DA shall be entered into between the City of Meridian, the Meridian City Council Meeting Agenda February 19, 2019 – Page 305 of 476 Page 11 property owner(s), and the developer. A CZC and DES application shall not be submitted to the City until the DA is approved by City Council and recorded. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the new DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting approval of the development agreement modification. The DA shall, at minimum, incorporate the following provisions: a. The subject property shall be excluded from the terms of the Development Agreement recorded as Instrument No. 108008770 for Sadie Creek Commons. b. Future development of this site shall be generally consistent with the conceptual development plan and building elevations included in Section VII, the conditions of approval of the conditional use permit (H-2018-0121), and the provisions contained herein. c. The future structures and site design submitted with subsequent Certificate of Zoning Compliance and Design Review applications shall comply with the standards listed in UDC 11-3A-19 and the Architectural Standards Manual. d. The athletic club is required to comply with the specific use standards listed in UDC 11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors. e. No outdoor event or activity center, including but not limited to the swimming pools, shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2. f. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-4-3-2A.1. With the CUP application, the Commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. g. An outdoor stage or musical venue is prohibited on this site as the site is within 1,000 feet of a residential district and such uses are not allowed, unless approved through a conditional use permit as set forth in UDC 11-4-3-2C. h. Outdoor speaker systems associated with the athletic club (i.e. outdoor entertainment/recreation facility) use are required to be located a minimum of 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. i. Construct a 6-foot tall masonry screen wall along the west boundary of the site consistent with that constructed on the adjacent property to the south as shown on Detail #4, Sheet L1.50 of the landscape plan included in Section VII.B. j. Retail and restaurant uses shall be allowed as accessory uses to the athletic club and may serve members of the club as well as the public. k. A cross-access/ingress-egress easement shall be granted from this site to the property to the south as well as to the out-parcel to the east (#S1105110025). A recorded copy of said easement(s) shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. Meridian City Council Meeting Agenda February 19, 2019 – Page 306 of 476 Page 12 l. The proposed driveway access via E. Ustick Rd. is not allowed unless a waiver is approved by City Council to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. m. Direct access via N. Eagle Rd./SH 55 and E. Ustick Rd., other than the accesses approved by City Council with this application, is prohibited as set forth in UDC 11- 3H-4B. n. A 10-foot wide multi-use pathway within a public use easement and pedestrian lighting and landscaping is required to be provided within the street buffer along N. Eagle Rd./SH 55 in accord with the standards listed in UDC 11-3H-4C.3. o. All of the frontage improvements (i.e. street buffers, sidewalks, pedestrian lighting, etc.) on this site along E. Ustick Rd. and N. Eagle Rd./SH 55 shall be installed with the first phase of development. Meridian City Council Meeting Agenda February 19, 2019 – Page 307 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 9 E Project File Number: H-2018-0117 Item Title: Public Hearing for Oaks North and South (H-2018-0117) by Toll ID I LLC, Located on the North and South side of McMillan Rd. between N. McDermott and N. Black Cat Rds. 1. Request: A Development Agreement Modification to modify the overall boundary of Oaks North and Oaks South development and update the zoning district boundaries, the concept plan and modify/remove certain provisions of the agreement that are no longer relevant to the project Meeting Notes: C��/fiW Ld -f v Af r,L /& y I TEM SHEET C ouncil Agenda I tem - 9.E . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Oaks North and S outh (H-2018-0117) by Toll ID I L L C, L ocated on the North and S outh side of M c M illan Rd. between N. M cDermott and N. Black C at Rds. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 2/15/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/15/2019 - 2:03 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 308 of 476 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 2/19/2019 Hearing Type: Council Item Number: 9-E Project Name: Oaks North and South Project No.: H-2018-0117 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=165 2/20/2019 Page 1 HEARING DATE: 2/19/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 SUBJECT: H-2018-0117 Oaks North and South LOCATION: North and south side of McMillan Road between N. McDermott and N. Black Cat Roads, located in the NE ¼ and S ½ of Section 28, Township 4N, Range 1W AND the N ½ of Section 33, Township 4N, Range 1W. I. PROJECT DESCRIPTION The applicant is requesting a modification to the existing Development Agreement (DA) to modify the overall boundary of Oaks North and Oaks South development AND to update the zoning district boundaries, the concept plan and modify/remove certain provisions of the agreement that are no longer relevant to the project. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage +/- 357 acres Future Land Use Designation MDR Existing Land Use Undeveloped, planned and constructed single family residential Proposed Land Use(s) Single-family residential subdivision Current Zoning R-4, R-8, R-15 Proposed Zoning R-4, R-8 Lots (# and type; bldg/common) Approximately 750 Neighborhood meeting date; # of attendees: September 19, 2018; no attendees History (previous approvals) AZ-13-008, RZ-13-015 (DA Inst. No. 114030972); PP-13- 013; PP-13-014 Meridian City Council Meeting Agenda February 19, 2019 – Page 309 of 476 Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Toll ID I LLC 3103 W. Sheryl Drive, Suite 100 Meridian, Idaho 83642 B. Owner: New Oaks LLC 5662 Calle Real #254 Galeta, California 93117 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda February 19, 2019 – Page 310 of 476 Page 3 C. Representative: Becky McKay, Engineering Solutions, LLP. 1029 N. Rosario Street, Suite 100 Meridian, Idaho 83642 IV. NOTICING City Council Posting Date Newspaper Notification 2/1/2019 Radius notification mailed to properties within 300 feet 1/28/2019 Public hearing notice sign posted 2/9/2019 Nextdoor posting 1/29/2019 V. STAFF ANALYSIS The development agreement modification proposes to omit the multi-family, office, WARD park and fire station components conceptually approved with the Oaks North and Oaks South development. Additionally, the applicant is requesting to revise the overall boundary of the Oaks North and Oaks South, the zoning district boundaries associated with the omitted multi-family, office, fire station and park components and modification of the original concept plan. Provisions that are no longer relevant to this development are also proposed to be modified. If approved, the amended DA is required to be signed by the property owner and returned to the City within six (6) months of the Council granting the modification. The originally approved Oaks North preliminary plat included 653 single-family homes with two (2) multi-family phases on approximately 252 acres of land. The Oaks South preliminary plat included 310 single-family lots, one (1) multi-family lot, six (6) office lots, one (1) park lot, two (2) other lots, and 33 common lots on approximately 136 acres of land. The Oaks South subdivision was proposed to contain 20.29 acres of common open space and the following amenities: pool, children’s play structure, integrated pathway system, extension of the Meridian Multi-Use Pathway system, two (2) covered picnic areas, and 5% additional open space. In 2018, a new development agreement was approved for the Oaks West project (H-2017-0170) to omit the property from Oaks DA. The applicant has submitted two (2) separate rezone and preliminary plat applications for the Oakmore (H-2018-0118) and Oakwind (H-2018-0119) subdivision in the Oaks North; both applications were heard before Planning and Zoning Commission on January 17, 2019. Approval of both rezone and preliminary plat applications are contingent on the approval of the subject MDA application. As part of this application submittal, the new concept plan depicts the addition of 100 new single family lots to be constructed within the Oaks North development consistent with the Commission’s recommendation on the aforementioned applications. The Oaks South subdivision has been completed but has not been included in the updated concept plan, however is subject to the proposed amended DA. Due to the reduction in density and the increase in single family homes, staff raised concerns with the Commission that there may not be adequate open space and amenities commensurate to the large single family development. With the approval of the Oaks West project, the Commission included a condition to add more open space and amenities within that development to off-set the difference. Further, the concept plan approved with the Oaks North preliminary plat indicated approximately sixty (60) units where the Oakmore Subdivision is currently proposed and 208 multi-family units Meridian City Council Meeting Agenda February 19, 2019 – Page 311 of 476 Page 4 where the Oakwind Subdivision is proposed. If developed as multi-family, both phases would have been required to provide at least 10% open space respectively; the phase where Oakwind is proposed would have needed to provide at least five (5) qualified site amenities, while Oakmore would have been required to provide at least one (1) qualified site amenity. The Oakmore Subdivision is proposed to add eighteen (18) single-family homes, while the Oakwind Subdivision will add eighty-two (82) single-family homes. With the substitution of 100 single-family residences for the multi-family phases the total approximate build-out (as currently proposed) of the Oaks North will include approximately 750 single-family residences, which is approximately 100 more single-family residences than originally proposed and approved. Without the added amenities that the multi-family developments would have been required to construct, approximately 750 single family residences within The Oaks North and South will be utilizing the same amenities. The Commission required the applicant to incorporate more open space and amenities within the Oaks North development (see Exhibit VIII.D). To mitigate the concerns from the Commission the applicant has provided an exhibit that depicts the additional amenities proposed for the Oaks North development including the central 5.65 acre park (see Exhibit VII.G). The exhibit depicts a lake with fishing dock, pool, clubhouse, sports courts, children’s playground equipment and an on-site parking area. NOTE: The applicant has since revised the preliminary plats and landscape plans for both subdivisions to include additional open space and site amenities including a micropath and pocket parks. Staff believes these changes are adequate given the modifications that are proposed and recommends the concept plan be tied to the amended development agreement. VI. DECISION A. Staff: Staff recommends approval of the proposed development agreement modifications and changes to the concept plan with the conditions in Section VIII. Meridian City Council Meeting Agenda February 19, 2019 – Page 312 of 476 Page 5 VII. EXHIBITS A. Area Subject to Amended Development Agreement (date: 12/3/2018) Meridian City Council Meeting Agenda February 19, 2019 – Page 313 of 476 Page 6 B. Existing Concept Plan Meridian City Council Meeting Agenda February 19, 2019 – Page 314 of 476 Page 7 C. Proposed Concept Plan Oakwind Subdivision Oakmore Subdivision Meridian City Council Meeting Agenda February 19, 2019 – Page 315 of 476 Page 8 D. Oakwind Preliminary Plat and Landscape Plan Meridian City Council Meeting Agenda February 19, 2019 – Page 316 of 476 Page 9 E. Oakmore Preliminary Plat and Landscape Plan Meridian City Council Meeting Agenda February 19, 2019 – Page 317 of 476 Page 10 F. Conceptual Central Amenity Site Plan Meridian City Council Meeting Agenda February 19, 2019 – Page 318 of 476 Page 11 G. Applicant’s Proposed Modifications to the Development Agreement Meridian City Council Meeting Agenda February 19, 2019 – Page 319 of 476 Page 12 Meridian City Council Meeting Agenda February 19, 2019 – Page 320 of 476 Page 13 Meridian City Council Meeting Agenda February 19, 2019 – Page 321 of 476 Page 14 Meridian City Council Meeting Agenda February 19, 2019 – Page 322 of 476 Page 15 Meridian City Council Meeting Agenda February 19, 2019 – Page 323 of 476 Page 16 Meridian City Council Meeting Agenda February 19, 2019 – Page 324 of 476 Page 17 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Development Agreement Modification 1.1 The existing DA (Inst. #114030972, RZ 13-015, AZ 13-008) shall be amended to reflect the new provisions and conceptual development plan for the subject property. The 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. 1.2 Include all strike out and underline changes included in Exhibit G above and the concept plan depicted in Exhibit D and H. a. Modify DA provision 5.1.13 to require central open space as proposed in Exhibit XX to be constructed with the first phase. B. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/160276/Page1.aspx C. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/160340/Page1.aspx Meridian City Council Meeting Agenda February 19, 2019 – Page 325 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 9 F Project File Number: H-2018-0118 Item Title: Public Hearing for Oakmore Subdivision (H-2018-0118) by Toll ID I LLC, Located near the intersection of W. Gondola Dr. and N. Black Cat Rd. 1. Request: Rezone of 7.39 acres of land in the R-15 zoning district to the R-4 zoning district; and, 2. Request: Preliminary Plat consisting of eighteen single family residential lots on approximately 7.29 acres in a proposed R-4 zoning district Meeting Notes: (,o,l b m/d �V AT r16 1 &j )o�q I TEM SHEET C ouncil Agenda I tem - 9.F. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Oakmore S ubdivision (H-2018-0118) by Toll ID I L L C , L ocated near the intersection of W. Gondola Dr. and N. Black Cat Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 2/15/2019 Minutes from Planning and Z oning Commission B ackup Material 1/25/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/15/2019 - 7:33 A M Meridian City Council Meeting Agenda February 19, 2019 – Page 326 of 476 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 2/19/2019 Hearing Type: Council Item Number: 9-F Project Name: Oakmore Subdivision Project No.: H-2018-0118 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=164 2/20/2019 Page 1 HEARING DATE: 2/19/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0118 Oakmore Subdivision (The Oaks North PP-13-014) LOCATION: Near the intersection of W. Gondola Drive and N. Black Cat Road, in the NE ¼ of Section 28, Township 4N., Range 1W. I. PROJECT DESCRIPTION Rezone of 7.39 acres of land from the R-15 zoning district to the R-4 zoning district; and preliminary plat consisting of eighteen (18) single family residential lots and six (6) common lots. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda February 19, 2019 – Page 327 of 476 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) No Requires ACHD Commission Action (yes/no) Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access via W. Webster Drive (local) and N. Oakstone Ave. (local) Traffic Level of Service Stub Street/Interconnectivity/Cross Access Stub streets proposed to the north into proposed Westbridge Subdivision and to the south to the Jump Creek Subdivision. Internal access through future phases of The Oaks North Sub. Existing Road Network Existing Arterial Sidewalks / Buffers None (undeveloped) Proposed Road Improvements Distance to nearest City Park (+ size) Approximately 2/3 of a mile to Keith Bird Legacy Park Distance to other key services Fire Service 29 Distance to Fire Station Approximately 2 miles from Station No. 5 Fire Response Time 6 minutes (does not meet response time requirements; level of service expectation= 5 minutes) Resource Reliability 77% (does not meet the targeted goal of 85% or greater) Risk Identification 1 (residential) – current resources would be adequate to supply service to this propose project Description Details Page Acreage 7.39 Future Land Use Designation Medium Density Residential (MDR) (3-8 units/acre) Existing Land Use Rural residential and agricultural Proposed Land Use(s) Single-family residences Current Zoning R-15 Proposed Zoning R-4 Lots (# and type; bldg/common) 24 lots total; 18 building lots/6 common lots Phasing plan (# of phases) 1 Number of Residential Units (type of units) 18 single family detached homes Density (gross & net) 2.44 units/acre (gross); 3.25 units/acre (net) Open Space (acres, total [%] / buffer / qualified) 0.50 acres/0.50 acres buffer/6.77% qualified Amenities Staff is recommending micropath and ten-foot multi-use pathway 29 Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: 9/19/18; no attendees History (previous approvals) AZ-13-008, RZ-13-015 (DA Inst. No. 114030972); PP-13- 014 Meridian City Council Meeting Agenda February 19, 2019 – Page 328 of 476 Page 3 Description Details Page Accessibility Does not meet all required access, road widths and turnarounds; will need revisions to meet IFC requirements. [Common drive is over 150’ in length; two access points for subdivisions over 30 buildable lots] Special/resource needs An aerial device will not be required Water Supply Requires 1,000 gallons per minute for two hours Other Resources Police Service 29 Distance to Police Station 8.5 miles from Meridian Police Department Police Response Time 4-5 minutes Calls for Service 10 % of calls for service split by priority % of P3 CFS – 10% % of P2 CFS – 90% % of P1 CFS – 0% % of P0 CFS – 0% Accessibility Access for the Meridian Police Department is not an issue for the proposed development in this area. Specialty/resource needs No additional need Crimes 13 total Crashes 1 Other Reports West Ada School District Distance (elem, ms, hs) Pleasant View Elementary (planned to open 2020): ¼ mile Planned Middle School (SWC Chinden and Black Cat): +/- 1 mile Owyhee High School (planned to open 2020): +/- 1 mile Capacity of Schools # of Students Enrolled Grocery Store Approximately 1 mile (Walmart) COMPASS (Communities in Motion 2040 2.0) Meridian City Council Meeting Agenda February 19, 2019 – Page 329 of 476 Page 4 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Toll ID I LLC 3103 W. Sheryl Drive, Suite 100 Meridian, ID 83642 B. Owner: New Oaks, LLC. 5662 Calle Real #254 Galeta, CA 93117 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda February 19, 2019 – Page 330 of 476 Page 5 C. Representative: Engineering Solutions, LLP. 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 12/28/2018 2/1/2019 Radius notification mailed to properties within 300 feet 12/26/2018 1/29/2019 Applicant posted notice on site on: 1/7/2019 2/9/2019 Nextdoor posting 12/26/2018 1/29/2019 V. STAFF ANALYSIS A. The applicant proposes to rezone 7.39 acres of land from the R-15 zoning districts to the R-8 zoning district and to construct eighteen (18) detached single-family dwellings on lots ranging in size from approximately 9,500 square feet to 15,000 square feet for an average lot size of 11,495 square feet. Previously, multi-family was proposed with this phase of development, which was consistent with R-15 zoning. The proposed rezone to the R-8 designation will allow for dimensional standards consistent with the size of lots and type of development now proposed. This subdivision is proposed to develop in one (1) phase. The legal description submitted with the application, included in Exhibit VII.A, shows the boundaries of the property proposed to be rezoned. The applicant has submitted a separate development agreement modification application (H- 2018-0117) to omit the multi-family component as conceptually approved with The Oaks North preliminary plat (PP-13-014). That application will be heard before City Council on February 19, 2019 per UDC Table 11-5A-2. The Oaks North plat included 653 single-family homes with two (2) multi-family phases on approximately 252 acres of land. The currently proposed modification to The Oaks North and South development agreement is replacing both multi-family phases proposed with The Oaks North with single-family residential lots. The Oakmore Subdivision will add eighteen (18) single- family homes, while the other phase that is proposed to develop with single-family residences rather than multi-family (Oakwind) will add eighty-two (82) single family homes. With the substitution of 100 single family residences for the multi-family phases the total approximate build-out (as currently proposed) of The Oaks North and South will include approximately 750 single family residences, which is approximately 150 more single family residences than originally proposed and approved. The concept plan (shown in Exhibit VII.D) included with the original preliminary plat for this phase of development depicted approximately sixty (60) multi-family units which would have required a minimum of 10% open space and approximately three (3) qualified site amenities. The applicant is not proposing any qualified site amenities with this phase of development. Without the added amenities that the multi-family developments would have been required to construct, approximately 750 single family residences within The Oaks North and South will be utilizing the same package of amenities originally approved and shown on the concept plan in Exhibit VII.D below. Staff is concerned that the lack of qualified site amenities provided with this Meridian City Council Meeting Agenda February 19, 2019 – Page 331 of 476 Page 6 phase of development will put undue strain on the existing and planned amenities for other phases of The Oaks. Staff recommends that the applicant provide an updated list of amenities and a concept plan depicting current and planned qualified open space and amenities prior to the Council hearing. Further, Commission should determine whether there are adequate amenities and open space for a subdivision that will have approximately 750 single family homes at completion. Typically, a minimum of 10% open space is required for subdivisions that are 5 acres or more in size as set forth in UDC 11-3G-3. The applicant is proposing 0.50 acres of qualified open space or 6.77% for this phase of development. 10% open space is not being provided with this phase of development because it will be part of the overall Oaks North subdivision and open space was determined for the entire development. The percentage of qualified open space provided with this phase of development is consistent with that required with the original plat and development agreement (10.72% of the total development or 27.03 acres). Staff would like the Commission to determine the adequacy of planned qualified site amenities for the entire development. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) C. Existing Structures/Site Improvements: There is one existing rural residence on the site that is proposed to be removed. In the applicant’s narrative they indicate that the structures are vacant. Therefore, staff recommends that the applicant obtain a demolition permit for the Building Division and remove all structures within 60 days of Council’s approval of the rezone ordinance. D. Proposed Use Analysis: The applicant proposes to construct 18 single-family detached dwellings on lots ranging in size from 9,000 to 15,099 square feet, one (1) common driveway lot and five (5) common lots. Single-family detached dwellings are listed as a principal permitted use in the R-4 zoning district per UDC Table 11-2A-2. E. Traffic A full traffic impact study (TIS) was prepared for The Oaks Subdivision. ACHD has indicated that a further TIS is not necessary for Oakmore Subdivision. F. Dimensional Standards (UDC 11-2): The minimum street frontage required per lot is sixty (60) feet in the R-4 zoning district. Lots 6 and 9, Block 1 in the proposed preliminary plat shall be revised to comply with that minimum requirement or access shall be taken from a common driveway. The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district; minimum lots size is 8,000 sq. ft. Buildable lots range in size from approximately 9,000-15,000 square feet, with an average lot size of 11,495 square feet, exceeding UDC standards. Meridian City Council Meeting Agenda February 19, 2019 – Page 332 of 476 Page 7 G. Access (UDC 11-3A-3, 11-3H-4): Stub streets are proposed into the proposed Westbridge Subdivision to the north and to the Jump Creek Subdivision to the south. Internal access is proposed through future phases of The Oaks North Subdivision. Direct lot access to N. Black Road is not proposed or approved. The proposed access points are consistent with Comprehensive Plan action item #3.06.02D and UDC 11-3A-3 which restricts access points on arterial streets; only one access is proposed via the arterial street (i.e. N. Black Cat Rd.). H. Common Driveways (UDC 11-6C-3) One common driveway is proposed that shall be revised to comply with UDC standards. Per UDC 11-6C-3D-3 common driveways may be a maximum of 150’ in length. The proposed 187- foot driveway shall be modified to comply with this requirement with the final plat application An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that are not taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) 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. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. I. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family dwellings based on the number of bedrooms per unit (i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or on a minimum 10’ x 20’ parking pad) in accord with the standards listed in UDC Table 11-3C-6. Two and three-car garages are proposed with parking pads in front of the garages in accord with UDC standards. J. Pathways ( UDC 11-3A-8): A micropath is depicted in the eastern part of the site providing connection to a common lot abutting N. Black Cat Rd. An additional micropath shall be required in the western part of the development through the common area in Lot 1, Block 1 to provide connection to the Jump Creek Subdivision to the south and in accord with Comprehensive Plan Action Item #3.07.02C. Additionally, per the Meridian Pathways Master Plan, a ten-foot multi-use pathway shall be constructed along the west side of N. Black Cat Rd. adjacent to Lot 7, Block 2. K. Sidewalks (UDC 11-3A-17): Five-foot detached sidewalks with parkways are proposed along both sides of W. Webster Ct. and adjacent to common lots, in accord with UDC standards. L. Landscaping (UDC 11-3B): A 35-foot wide street buffer is required along N. Black Cat Rd., in accord with the development agreement and landscaped per the standards listed in UDC 11-3B-7C. Landscaping is proposed in accord with UDC standards. Meridian City Council Meeting Agenda February 19, 2019 – Page 333 of 476 Page 8 Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A minimum 5-foot wide landscape strip is required along each side of the pathway consisting of a mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of (1) tree is required per 100 linear feet of pathway. Stormwater swales are required to be vegetated and designed in accord with the standards listed in UDC 11-3B-11C. Common open space areas are required to be landscaped with lawn (either seed or sod) and a minimum of one deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E. Parkways are required to be landscaped per the standards listed in UDC 11-3G-3B.5 and UDC 11-3A-17. Mitigation is required for all existing healthy 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 100% replacement in accord with UDC 11-3B-10C.5. The applicant shall contact Elroy Huff, City Arborist, at 888- 3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site The mitigation plan should be included on the landscape plan submitted with the final plat application. M. Qualified Open Space (UDC 11-3G): Typically, properties over five (5) acres in size are required to comply with minimum open space and site amenity requirements as set forth in UDC 11-3G-3A.1. Based on the area of the preliminary plat (7.39 acres), a minimum of 10% (or 0.74 acres) qualified open space and one (1) qualified site amenity would be required to be provided with the development if constructed on its own. Staff recommends additional qualified open space be included with this phase of development as discussed in the qualified site amenities section below. N. Qualified Site Amenities (UDC 11-3G): Proposed amenities for The Oaks North Subdivision consist of the following: The City’s ten-foot multi-use pathway along Five Mile Creek, a community swimming pool, children’s play structure, picnic shelter, pocket parks with amenities and additional qualified open space. As mentioned in the analysis above, Staff is concerned that the qualified site amenities originally approved may not be adequate for the number of single-family residences proposed for the entire development. Staff is recommending that a micropath be added to the western part of the site and the continuation of the ten-foot multi-use pathway along N. Black Cat Rd. be provided as additional amenities for this phase of development. Additionally, Staff does recommend that the Commission determine the adequacy of site amenities for the entire development during the hearing January 17, 2019. O. Fencing (UDC 11-3A-6, 11-3A-7): Fencing is proposed within the development as depicted on the landscape plan. Six-foot tall closed vision fencing is proposed at the rear of building lots along the boundary of the subdivision and adjacent to existing and future subdivisions. Five-foot wrought-iron fencing is proposed along the pathway to the common lot in the eastern part of the subdivision. The proposed fencing is in compliance with UDC standards. P. Waterways (UDC 11-3A-6): The West Tap Sublateral crosses Lots 2-3, Block 1 and Lot 1, Block 3 in the proposed plat. The lateral shall be piped or otherwise covered in accord with UDC 11-3A-6B-3. Any required easement shall be depicted with the final plat submittal. Meridian City Council Meeting Agenda February 19, 2019 – Page 334 of 476 Page 9 Q. Storm Drainage: (UDC 11-3A-18) 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. R. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B Below for Public Works comments/conditions. S. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevation renderings were submitted for future detached homes within the development, single-story and 2-stories in height. Building materials consist of a mix of materials with different types/styles of siding with stone veneer accents (see Exhibit F in Section VII.) Because the rear and/or sides of 2-story homes will be highly visible from the arterial street (i.e. N. Black Cat Rd.), staff recommends articulation is incorporated through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. NOTE: the proposed elevations in this staff report are similar to the ones that are already approved and tied to the recorded development agreement. VI. DECISION A. Staff: The proposed density (2.44 gross units/acre) of the subdivision is at the below the desired density in MDR designated areas (3-8 units/acre). However, when this phase is included with entire The Oaks North subdivision the density aligns with the desired density for MDR and adds lot diversity to the subdivision. The proposed rezone from R-15 to R-8 will allow for dimensional standards consistent with the type of development now proposed. For these reasons, Staff recommends approval of the proposed RZ and PP applications per the provisions in Section VII. B. Commission: The Meridian Planning & Zoning Commission heard these items on January 17, 2019. At the public hearing, the Commission moved to recommend approval of the subject RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Applicant’s Representative; ii. In opposition: None iii. Commenting: Becky McKay, Applicant’s Representative iv. Written testimony: None v. Staff presenting application: Stephanie Leonard vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None Meridian City Council Meeting Agenda February 19, 2019 – Page 335 of 476 Page 10 c. Key Issues of Discussion by Commission: i. Open space and site amenities provided with this phase of development. Addition of open space in the northwest corner of the development. ii. Current common driveway length of 187’ needs to be shortened to comply with Fire Dept. standards. d. Commission Change(s) to Staff Recommendation: i. Add a condition that the common lot at the northwest corner of the plat extend into the subdivision to the west to provide a larger common lot. e. Outstanding Issue(s) for City Council: i. The Commission recommends that the need for an additional amenity be discussed during the Council hearing February 19, 2019. Meridian City Council Meeting Agenda February 19, 2019 – Page 336 of 476 Page 11 VII. EXHIBITS A. Legal Description and Exhibit Map for Zoning Boundary Meridian City Council Meeting Agenda February 19, 2019 – Page 337 of 476 Page 12 Meridian City Council Meeting Agenda February 19, 2019 – Page 338 of 476 Page 13 Meridian City Council Meeting Agenda February 19, 2019 – Page 339 of 476 Page 14 B. Preliminary Plat (date: 10/8/2018) Revised: 2/8/2019 Micropath location Ten-foot multi-use pathway location Meridian City Council Meeting Agenda February 19, 2019 – Page 340 of 476 Page 15 C. Landscape Plan (date: 10/8/2018) Meridian City Council Meeting Agenda February 19, 2019 – Page 341 of 476 Page 16 Meridian City Council Meeting Agenda February 19, 2019 – Page 342 of 476 Page 17 D. Approved Concept Plan for The Oaks North (PP-13-014) Meridian City Council Meeting Agenda February 19, 2019 – Page 343 of 476 Page 18 E. Building Elevations Meridian City Council Meeting Agenda February 19, 2019 – Page 344 of 476 Page 19 Meridian City Council Meeting Agenda February 19, 2019 – Page 345 of 476 Page 20 Meridian City Council Meeting Agenda February 19, 2019 – Page 346 of 476 Page 21 Meridian City Council Meeting Agenda February 19, 2019 – Page 347 of 476 Page 22 Meridian City Council Meeting Agenda February 19, 2019 – Page 348 of 476 Page 23 Meridian City Council Meeting Agenda February 19, 2019 – Page 349 of 476 Page 24 Meridian City Council Meeting Agenda February 19, 2019 – Page 350 of 476 Page 25 Meridian City Council Meeting Agenda February 19, 2019 – Page 351 of 476 Page 26 Meridian City Council Meeting Agenda February 19, 2019 – Page 352 of 476 Page 27 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant shall comply with all conditions of previous approvals (AZ-13-008, RZ-13- 015, DA Inst. No. 114030972; PP-13-014) associated with this property. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. Note #10 shall be revised to include the name of the organization or entities responsible for maintaining the common driveway serving Lots 2 and 3, Block 3. b. Note #6: Revise to include the approved addendum to the development agreement (Inst. No. 114030972) and omit the previous development agreement. c. The West Tap Sublateral crossing Lots 2 and 3, Block 1 and Lot 1, Block 3 shall be piped or otherwise covered in accord with UDC 11-3A-6B-3. Any required easements resulting from the relocation of the lateral shall be depicted with the final plat submittal. d. Lots 6 and 9, Block 1 shall have a minimum 60-foot wide street frontage unless access is to be provided via the common driveway. e. The common lot at the northwest corner of the plat shall extend into the subdivision to the west to provide a larger common lot. 3. The landscape plan included in Section VII.C shall be revised as follows: a. The West Tap Sublateral crossing Lots 2 and 3, Block 1 and Lot 1, Block 3 shall be piped or otherwise covered in accord with UDC 11-3A-6B-3. Any required easements resulting from the relocation of the lateral shall be depicted with the final plat submittal. b. Include mitigation information on the plan for any existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement as set forth in UDC 11-3B-10C.5; contact Elroy Huff, City Arborist, (208-489-0589) to schedule an inspection to determine mitigation requirements prior to removal of any trees from the site. c. A micropath shall be depicted within Lot 1, Block 1. d. Provide a ten-foot multi-use-pathway with a public use easement to the west of N. Black Cat Road. e. The common lot at the northwest corner of the plat shall extend into the subdivision to the west to provide a larger common lot. Meridian City Council Meeting Agenda February 19, 2019 – Page 353 of 476 Page 28 4. If there are any irrigation easements greater than ten-feet in width, they shall be included in a common lot that is a minimum of 20 feet in width and outside of a fenced area, unless modified by City Council per UDC 11-3A-6D. 5. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 6. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 7. Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11 - 6B-7. 8. The amended development agreement shall be recorded prior to submittal of a final plat application for the proposed development. 9. Prior to final plat approval, the applicant shall submit a public access easement for a detached, multi-use pathway running the length of the development on the west side of N. Black Cat Road 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) and may fall within the required landscape buffer. 10. The amended development agreement shall be recorded prior to submittal of a final plat application for the proposed development. 11. The preliminary plat is approved contingent upon City Council approval of the associated modification to the Oaks North and South development agreement. 12. The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. B. PUBLIC WORKS DEPARTMENT 1 Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 As proposed, the water distribution network can supply 1,500 gpm flow at build-out. If a fire flow greater than 1,500 gpm is needed, applicant shall contact the Public Works Department to determine availability. Each phase will need to be modeled individually at the time of platting. 1.3 Any existing water mainline stubs from Black Cat Road must be abandoned at the mainline in Black Cat Road per Meridian Public Works Standards. 2 General Conditions of Approval Meridian City Council Meeting Agenda February 19, 2019 – Page 354 of 476 Page 29 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 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. 2.3 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. 2.4 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. 2.5 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. 2.6 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 addressed 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. 2.7 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. 2.8 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. 2.9 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 355 of 476 Page 30 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. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 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. 2.23 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 Meridian City Council Meeting Agenda February 19, 2019 – Page 356 of 476 Page 31 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. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/159192/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/fol/158920/Row1.aspx E. PARKS DEPARTMENT Meridian City Council Meeting Agenda February 19, 2019 – Page 357 of 476 Page 32 F. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/159241/Page1.aspx G. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/160261/Page1.aspx H. ADA COUNTY HIGHWAY DISTRICT (ACHD) I. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/159660/Page1.aspx Meridian City Council Meeting Agenda February 19, 2019 – Page 358 of 476 Page 33 IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to rezone the subject 7.39 acres of land from the R-15 to the R-4 zoning district and to develop eighteen (18) new single-family residential homes. The Commission finds that the proposed rezone complies with the provisions of the Comprehensive Plan and future land use map (see section VII above for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-4 zoning districts is consistent with the purpose statement for the residential districts as detailed in Section VIII above. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The Commission finds that the proposed zoning amendment will not result in the adverse impact upon the delivery of services by any political subdivision providing public services within the City. 5. The annexation (as applicable) is in the best interest of city. This finding is not applicable as the property is already annexed into the City. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Meridian City Council Meeting Agenda February 19, 2019 – Page 359 of 476 Page 34 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. 6. The development preserves significant natural, scenic or historic features. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda February 19, 2019 – Page 360 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 9 G Project File Number: H-2018-0119 Item Title: Public Hearing for Oakwind Subdivision (H-2018-0119) by Toll ID I LLC, Located near the intersection of N. McDermott and W. McMillan Rds 1. Request: Rezone of 16.52 acres of land from the R-15 and R-4 zoning districts to the R- 8 zoning district; and, 2. Request: Preliminary Plat consisting of 82 single family residential lots and 7 common lots on approximately 16.52 acres of land in a proposed R-8 zoning district Meeting Notes: COA) tlW A f V1 6 I TEM SHEET C ouncil Agenda I tem - 9.G. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Oakwind S ubdivision (H-2018-0119) by Toll ID I L L C , L ocated near the intersection of N. M cD ermott and W. M cM illan Rds Applicant Requests Continuance to J une 18, 2019 C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 2/14/2019 Minutes from Planning and Z oning Commission B ackup Material 1/25/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/14/2019 - 3:38 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 379 of 476 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 2/19/2019 Hearing Type: Council Item Number: 9-G Project Name: Oakwind Subdivision Project No.: H-2018-0119 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=166 2/20/2019 Page 1 HEARING DATE: 2/19/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0119 Oakwind Subdivision (future phase of The Oaks North Subdivision PP-13- 014) LOCATION: Near the intersection of N. McDermott and W. McMillan Roads, in Section 28, Township 4N., Range 1W. I. PROJECT DESCRIPTION Rezone of 16.52 acres of land from the R-15 and R-4 zoning districts to the R-8 zoning district; and preliminary plat consisting of eighty-two (82) single family residential lots, six (6) common lots, and one (1) common driveway. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda February 19, 2019 – Page 380 of 476 Page 2 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 16.52 Future Land Use Designation Medium Density Residential (MDR) (3-8 units/acre) Existing Land Use Rural agricultural Proposed Land Use(s) Single family residential Current Zoning R-15 Proposed Zoning R-4 and R-8 Lots (# and type; bldg/common) 89 lots total; 82 building lots/6 common lots, 1 common driveway Phasing plan (# of phases) 2 phases Number of Residential Units (type of units) 82 single family detached homes Density (gross & net) 4.96 units/acre (gross); 6.33 units/acre (net) Open Space (acres, total [%] / buffer / qualified) 1.19 acres, 2.2% Amenities Staff is recommending a micropath Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: 9/19/18; no attendees History (previous approvals) AZ-13-008, RZ-13-015 (DA Inst. No. 114030972); PP-13- 014 Meridian City Council Meeting Agenda February 19, 2019 – Page 381 of 476 Page 3 Description Details Page Ada County Highway District Staff report (yes/no) No Requires ACHD Commission Action (yes/no) Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access via W. Cherrybark Dr. (local) and W. Vercelli Dr. (local) Traffic Level of Service Stub Street/Interconnectivity/Cross Access Internal access through future phases of The Oaks North Sub. Additional stub streets are being recommended by staff. 6 Existing Road Network Existing Arterial Sidewalks / Buffers McDermott Road – Undeveloped (no sidewalks or buffers) McMillan Road – Undeveloped (no sidewalks or buffers) Proposed Road Improvements Distance to nearest City Park (+ size) +/- 1 ½ miles Fire Service 29 Distance to Fire Station +/- 2 ½ miles to Station No. 2 Fire Response Time 7 minutes (does not meet response time requirements; level of service expectation= 5 minutes) Resource Reliability 77% (does not meet the targeted goal of 85% or greater) Risk Identification 1 (residential) – current resources would be adequate to supply service to this propose project Accessibility Does not meet all required access, road widths and turnarounds; will need revisions to meet IFC requirements. [Two entrances are too close together between phase 1 and 2. Needs to be a fire ] Special/resource needs An aerial device will not be required An additional truck company will be required in the event of a structure fire [Could result in time delays] Water Supply Requires 1,000 gallons per minute for two hours Police Service 29 Distance to Police Station 8.5 miles from Meridian Police Department Police Response Time 4-5 minutes Calls for Service 10 % of calls for service split by priority % of P3 CFS – 10% % of P2 CFS – 90% % of P1 CFS – 0% % of P0 CFS – 0% Accessibility Access for the Meridian Police Department is not an issue for the proposed development in this area. Specialty/resource needs No additional need Crimes 13 total Crashes 1 West Ada School District Distance (elem, ms, hs) Pleasant View Elementary (planned to open 2020): +/- 1 mile Planned Middle School (SWC Chinden and Black Cat): +/- ½ mile Owyhee High School (planned to open 2020): +/- 1/2 mile Wastewater Distance to Sewer Services Sewer Shed Meridian City Council Meeting Agenda February 19, 2019 – Page 382 of 476 Page 4 Estimated Project Sewer ERU’s WRRF Declining Balance Project Consistent with WW Master Plan/Facility Plan Water Distance to Water Services 1,000 feet Pressure Zone 1 Estimated Project Water ERU’s See application information Water Quality Concerns None Project Consistent with Water Master Plan Yes Impacts/Concerns Other Project will need to be modeled at final plat stage. Developer will be responsible for the installation of 12-inch diameter water main in McDermott Road fronting the project. Meridian City Council Meeting Agenda February 19, 2019 – Page 383 of 476 Page 5 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Toll ID I LLC 3103 W. Sheryl Drive, Suite 100 Meridian, ID 83642 B. Owner: New Oaks, LLC. 5662 Calle Real #254 Galeta, CA 93117 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda February 19, 2019 – Page 384 of 476 Page 6 C. Representative: Engineering Solutions, LLP. 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 12/28/2018 2/1/2019 Radius notification mailed to properties within 300 feet 12/26/2018 1/29/2019 Radius notification published on 1/7/2019 2/9/2019 Nextdoor posting 12/26/2018 1/29/2019 V. STAFF ANALYSIS A. The applicant proposes to rezone 16.52 acres of land from the R-4 and R-15 zoning districts to the R-8 zoning district to construct eighty-two (82) single-family detached dwellings on lots ranging in size from 5,400 square feet to 8,600 square feet with an average lot size of 5,843 square feet. Previously, multi-family was proposed with this phase of development, which was consistent with R-15 zoning; the R-4 designation is minimal and is located at the northeast corner of the subject property. The proposed rezone to the R-8 designation will allow for dimensional standards consistent with the size of lots and type of development now proposed. This subdivision is proposed to develop in two (2) phases. The legal description submitted with the application, included in Exhibit VII.A, shows the boundaries of the property proposed to be rezoned. The applicant has submitted a separate development agreement modification application (H- 2018-0117) to omit the multi-family component as conceptually approved with The Oaks North preliminary plat (PP-13-014). That application will be heard before City Council on February 19, 2019 per UDC Table 11-5A-2. Development of this subdivision is predicated on the Council’s approval of the MDA application. The Oaks North plat included 653 single-family homes and conceptually approved two (2) multi- family phases on approximately 252 acres of land. The current proposed modification to The Oaks North and South development agreement is replacing both multi-family phases proposed with The Oaks North with single-family residential lots. The Oakwind Subdivision will add eighty-two (82) single-family homes, while the other phase that is proposed to develop with single-family residences rather than multi-family (Oakmore) will add eighteen (18) single family homes. With the substitution of 100 single family residences for the multi-family phases the total approximate build-out (as currently proposed) of The Oaks Subdivisions will include approximately 750 single family residences, which is approximately 100 more single family residences than originally proposed and approved. The concept plan (shown in Exhibit VII.D) included with the original preliminary plat for this phase of development depicted approximately 200 multi-family units which would have required a minimum of 10% open space and approximately five (5) qualified site amenities. The applicant is not proposing any qualified site amenities with this phase of development. Without the added amenities that the multi-family developments would have been required to construct, approximately 750 single family residences within The Oaks North and South will be Meridian City Council Meeting Agenda February 19, 2019 – Page 385 of 476 Page 7 utilizing the same amenities originally approved and shown on the concept plan in Exhibit VII.D below. Staff is concerned that the lack of qualified site amenities provided with this phase of development will put undue strain on the existing and planned amenities for other phases of The Oaks. Typically, a minimum of 10% open space is required for subdivisions that are 5 acres or more in size as set forth in UDC 11-3G-3. The applicant is proposing 1.19 acres of qualified open space or 2.2% for this phase of development. 10% open space is not being provided with this phase of development because it will be part of the overall Oaks North subdivision and open space was determined for the entire development. The Commission should determine whether there are adequate amenities and open space for a subdivision that will have approximately 750 single family homes at completion. B. Land Use Map Designation (https://www.meridiancity.org/compplan) The site is designated MDR (Medium Density Residential), which allows for smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units or less per acre (d.u./acre). The applicant proposes to develop this 16.52 acre site with 82 single-family residential detached homes at a gross density of 4.96 dwelling units per acre (d.u./acre) consistent with the MDR FLUM designation. C. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02G) “Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A) “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) D. Proposed Use Analysis: The applicant proposes single-family detached dwellings which are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. E. Dimensional Standards (UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district. Future structures should comply with the minimum setbacks of the district. The proposed lots comply with the dimensional standards of the R-8 district. F. Access (UDC 11-3A-3, 11-3H-4): Two (2) access points are currently proposed via W. Cherrybark Dr. and W. Vercelli Dr., both of which connect to a future proposed phase of The Oaks North. The proposed access points are consistent with Comprehensive Plan action item #3.06.02D and UDC 11-3A-3 which restricts access points on arterial streets. Staff recommends the applicant add two (2) stub streets; one (1) to the north and one (1) to the south to connect to future phases of The Oaks North development and meet the Fire Department’s request for a third access point. Meridian City Council Meeting Agenda February 19, 2019 – Page 386 of 476 Page 8 Adding stub streets to the north and south would also further implement the goal of Comprehensive Plan action item #3.03.02O: “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets)”. Staff would like to point out that a stub street to the north could create a block length exceeding the UDC maximum allowance of 750 linear feet depending on placement. If the stub street is constructed, Staff will be tasked with ensuring the connection meets City code and does not create a safety issue for residents. G. Common Driveways (UDC 11-6C-3): All common driveways are required to comply with the standards listed in UDC 11-6C-3D. One (1) common driveway is proposed and complies with UDC standards. Staff is recommending that a stub street be constructed which could affect or eliminate the currently proposed common driveway. Note: if a public stub street replaces the location of the common driveway, the condition for the common driveway will not apply. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) 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. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. H. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family dwellings based on the number of bedrooms per unit (i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad) in accord with the standards listed in UDC Table 11-3C-6. Two- and three-car garages are proposed with parking pads in front of the garages in accord with UDC standards. I. Sidewalks (UDC 11-3A-17): Detached sidewalks are proposed throughout the development and are landscaped in accord with UDC standards and Comprehensive Plan Action Item #3.07.02C. J. Landscaping (UDC 11-3B): A 35-foot wide street buffer and berm is proposed in accord with the development agreement; both shall be landscaped per the standards listed in UDC 11-3B-7C and Comprehensive Plan Action Items #3.05.02C and #3.06.02G. The two- to three-foot berm proposed along N. McDermott is consistent with the requirements of the development agreement. Staff recommends the berm be at least three (3) feet in height and be landscaped in accord with UDC 11-3B-5 and UDC 11-3B-7C. Staff recommends that the six-foot privacy vinyl fence proposed be placed at the top of the berm to provide sound attenuation for the future SH-16 expansion. Parkways along local streets within the development are proposed consistent with the standards listed in UDC 11-3A-17 and UDC 11-3B-7C. Common open space areas are required to be landscaped in accord with the standards listed in UDC 11-3G-3E as proposed. Meridian City Council Meeting Agenda February 19, 2019 – Page 387 of 476 Page 9 Mitigation is required for all existing healthy 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 100% replacement in accord with UDC 11-3B-10C.5. K. Qualified Open Space (UDC 11-3G): Properties over five (5) acres in size are required to comply with minimum open space and site amenity requirements as set forth in UDC 11-3G-3A.1. Based on the area of the preliminary plat (16.52 acres), a minimum of 10% (or 1.65 acres) qualified open space and one (1) qualified site amenity is required to be provided with the development. Staff recommends additional qualified open space be included with this phase of development as discussed in the qualified site amenities section below. L. Qualified Site Amenities (UDC 11-3G): Proposed amenities for The Oaks North Subdivision consist of the following: The City’s ten-foot multi-use pathway along Five Mile Creek, a community swimming pool, children’s play structure, picnic shelter, pocket parks with amenities and additional qualified open space. As mentioned in the analysis above, Staff is concerned that the qualified site amenities originally approved may not be adequate for the number of single-family residences proposed. Staff is recommending the applicant add a site amenity such as a micropath to connect the southern portion of the subdivision through the development to future phases of Oaks North. The addition of a micropath would provide useable open space and increase pedestrian connection through the subdivision. Ten (10) days prior to the Council hearing the applicant should provide a revised plat depicting common lots (micropaths) in the location depicted in Exhibit VII.B below. M. Storm Drainage (UDC 11-3A-18) 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. N. Fencing (UDC 11-3A-6, 11-3A-7): Fencing is proposed within the development as depicted on the landscape plan. Six-foot tall vinyl closed vision fencing is proposed at the rear of building lots along the perimeter of the development and adjacent to common areas that are entirely visible from streets. A five-foot tall open vision wrought iron fence is proposed at the rear of Lots 2-9, Block 1 and adjacent to a future phase of The Oaks North. O. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. P. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevation renderings were submitted for future detached homes within the development, single-story and 2-stories in height. Building materials consist of a mix of materials with different types/styles of siding with stone veneer accents (see Exhibit F in Section VII.) Because the rear and/or sides of 2-story homes will be highly visible from the arterial street (i.e. N. McDermott Rd.), staff recommends articulation is incorporated through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public Meridian City Council Meeting Agenda February 19, 2019 – Page 388 of 476 Page 10 street. Single-story structures are exempt from this requirement. NOTE: the proposed elevations in this staff report are similar to the ones that are already approved and tied to the recorded development agreement. VI. DECISION A. Staff: Staff finds that the proposed gross density (4.96 units/acre) of the subdivision is consistent with that desired in MDR designated areas and that the proposed rezone from R-4 and R-15 to R-8 will allow for dimensional standards consistent with the type of development now proposed. The proposed preliminary plat meets UDC standards and shall be revised as conditioned in Section VIII. Common open space meets minimum requirements and sidewalks provide pedestrian connections throughout the development and to future phases of The Oaks. Staff is recommending that the applicant add an additional site amenity, such as a micropathway and two (2) stub streets to encourage inner-connectivity to future subdivision phases. For these reasons, staff recommends approval of the proposed RZ and PP applications per the Findings in Section IX. B. Commission: The Meridian Planning & Zoning Commission heard these items on January 17, 2019. At the public hearing, the Commission moved to recommend approval of the subject RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Applicant’s Representative; ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Stephanie Leonard vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Open space and site amenities provided with this phase of development. ii. Stub streets to the north and south; requiring possible emergency access or stub street to south. d. Commission Change(s) to Staff Recommendation: i. Revise conditions #2c and #3c – Strike staff’s recommendation to construct a stub street to the north; keep condition to construct a stub street to the south. ii. Revise conditions #2d and #3a – Strike staff’s recommendation for a micropath for Lots 9&8 and 19&20, Block 2; Lots 3&4 and Lots 14&15, Block 3 to install a micropath. Keep requirement for construction of micropath between Lots 8&9, Block 1 to connect to the Creason Lateral to the north. iii. Revise condition #4 to include the Commission’s recommendation to provide 10% open space and work toward providing an extra amenity for Oakwind. e. Outstanding Issue(s) for City Council: i. None Meridian City Council Meeting Agenda February 19, 2019 – Page 389 of 476 Page 11 VII. EXHIBITS A. Legal Description and Exhibit Map for Zoning Boundary Meridian City Council Meeting Agenda February 19, 2019 – Page 390 of 476 Page 12 Meridian City Council Meeting Agenda February 19, 2019 – Page 391 of 476 Page 13 B. Preliminary Plat (date: 10/8/2018) Revised 2/8/2019 Stub street Stub street Micropath Meridian City Council Meeting Agenda February 19, 2019 – Page 392 of 476 Page 14 C. Landscape Plan date: 10/5/2018) Meridian City Council Meeting Agenda February 19, 2019 – Page 393 of 476 Page 15 Meridian City Council Meeting Agenda February 19, 2019 – Page 394 of 476 Page 16 D. Approved Concept Plan for The Oaks North (PP-13-014) Meridian City Council Meeting Agenda February 19, 2019 – Page 395 of 476 Page 17 E. Building Elevations Meridian City Council Meeting Agenda February 19, 2019 – Page 396 of 476 Page 18 Meridian City Council Meeting Agenda February 19, 2019 – Page 397 of 476 Page 19 Meridian City Council Meeting Agenda February 19, 2019 – Page 398 of 476 Page 20 Meridian City Council Meeting Agenda February 19, 2019 – Page 399 of 476 Page 21 Meridian City Council Meeting Agenda February 19, 2019 – Page 400 of 476 Page 22 Meridian City Council Meeting Agenda February 19, 2019 – Page 401 of 476 Page 23 Meridian City Council Meeting Agenda February 19, 2019 – Page 402 of 476 Page 24 Meridian City Council Meeting Agenda February 19, 2019 – Page 403 of 476 Page 25 Meridian City Council Meeting Agenda February 19, 2019 – Page 404 of 476 Page 26 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant shall comply with all conditions of previous approvals (AZ-13-008, RZ-13- 015, DA Inst. No. 114030972; PP-13-014) associated with this property. 2. The preliminary plat included in Section VII.B, shall be revised ten (10) days prior to the Council hearing as follows: a. Note #6: Revise to include the approved addendum to the development agreement (Inst. No. 114030972) and the previous development agreement. b. Note #9: Revise to include Lot 14, Block 2 as a common lot to be owned and maintained by The Oaks North Subdivision Home Owners Association. c. The applicant shall include two (2) one stubs streets; one (1) to the north (parcel #S0428325600) and one (1) to the south (parcel #S0428336630) to connect to the future collector street as depicted in Exhibit VII. d. The applicant shall construct micropaths between Lots 9 & 8, Block 1 to connect to the Creason Lateral to the north.; Lots 9 & 8 and 19 & 20, Block 2; Lots 3 & 4 and Lots 14 & 15, Block 3 to add additional open space and amenities for the proposed development. 3. The landscape plan included in Section VII.C shall be revised ten (10) days prior to the Council hearing as follows: a. The applicant shall construct micropaths between Lots 9 & 8, Block 1 to connect to the Creason Lateral to the north.; Lots 9 & 8 and 19 & 20, Block 2; Lots 3 & 4 and Lots 14 & 15, Block 3 to add additional open space and amenities for the proposed development. b. Include mitigation information on the plan for any existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement as set forth in UDC 11-3B-10C.5; contact Elroy Huff, City Arborist, (208-489-0589) to schedule an inspection to determine mitigation requirements prior to removal of any trees from the site. c. The applicant shall include two (2) one stubs streets; one (1) to the north (parcel #S0428325600) and one (1) to the south (parcel #S0428336630) to connect to the future collector street as depicted in Exhibit VII. d. The applicant shall construct the entire street buffer, sidewalk and three-foot berm along N. McDermott Rd. with the first phase of development. e. The six-foot privacy vinyl fence proposed be placed at the top of the berm to provide sound attenuation for the future SH-16 expansion. 4. Commission shall determined whether that there are adequate the proposed amenities and open space for a the subdivision were not adequate given the Oaks that will have approximately 750 single family homes at completion. The Commission recommended the applicant provide 10% open space and work on an extra amenity for Oakwind. Meridian City Council Meeting Agenda February 19, 2019 – Page 405 of 476 Page 27 5. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 6. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 7. If a public stub street replaces the location of the stub street common driveway, condition numbers 6 and 7 above will not apply. 8. If there are any irrigation easements greater than ten-feet in width, they shall be included in a common lot that is a minimum of 20 feet in width and outside of a fenced area, unless modified by City Council per UDC 11-3A-6D. 9. The rear and/or sides of 2-story homes on Lots 16-27, Block 1 visible from the arterial street (i.e. N. McDermott Rd.) are required to incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the public street. Single- story structures are exempt from this requirement. 10. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the recorded development agreement. 11. The amended development agreement shall be recorded prior to submittal of a final plat application for the proposed development. 12. The preliminary plat is approved contingent upon City Council approval of the associated modification to the Oaks North and South development agreement. B. PUBLIC WORKS DEPARTMENT 1 Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 As proposed, the water distribution network can supply 1,500 gpm flow at build-out. If a fire flow greater than 1,500 gpm is needed, applicant shall contact the Public Works Department to determine availability. Each phase will need to be modeled individually at the time of platting. 2 General Conditions of Approval 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 Meridian City Council Meeting Agenda February 19, 2019 – Page 406 of 476 Page 28 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 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. 2.3 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. 2.4 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. 2.5 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. 2.6 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 addressed 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. 2.7 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. 2.8 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. 2.9 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. 2.10 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 407 of 476 Page 29 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 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. 2.23 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 408 of 476 Page 30 C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/159193/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/160226/Page1.aspx E. PARK’S DEPARTMENT Nothing required. F. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ): http://weblink.meridiancity.org/weblink8/0/doc/159240/Page1.aspx G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/159446/Page1.aspx H. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/160089/Page1.aspx I. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/159537/Page1.aspx J. ADA COUNTY HIGHWAY DISTRICT (ACHD) Meridian City Council Meeting Agenda February 19, 2019 – Page 409 of 476 Page 31 Meridian City Council Meeting Agenda February 19, 2019 – Page 410 of 476 Page 32 IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to rezone the subject property from the R-15 and R-4 zoning districts to the R-8 zoning districts and to develop 82 new single-family residential homes. The Commission finds that the proposed map amendment complies with the provisions of the Comprehensive Plan. (see section VII above for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-4 and R-8 zoning districts is consistent with the purpose statement for the residential districts as detailed in Section VIII above. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The Commission finds that the proposed zoning amendment will not result in the adverse impact upon the delivery of services by any political subdivision providing public service s within the City. 5. The annexation (as applicable) is in the best interest of city. This finding is not applicable as the subject request is for a rezone. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Meridian City Council Meeting Agenda February 19, 2019 – Page 411 of 476 Page 33 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. 6. The development preserves significant natural, scenic or historic features. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda February 19, 2019 – Page 412 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 9 H Project File Number: H-2018-0141 Item Title: Public Hearing for Avebury (H-2018-0141) by AD800, LLC, Located on the North side of E. Pine Ave. West of N. Locust Grove Rd. 1. Request: City Council Review for the purpose of extending the expired plat to allow a 6 - month extension to obtain City Engineer's signature on the Avebury Subdivision final plat; and 2. Request: Modification to the Final Plat to depict 3 -foot PUDI easements on the east interior lot lines and propose a zero lot line between Lots 14 and 15, Block 1; and 3. Request: Modification to an Existing Development Agreement to allow for the construction of an attached single family home on Lots 14 and 15, Block 1 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.H. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Avebury (H-2018-0141) by AD800, L L C, L ocated on the North side of E . P ine Ave. West of N. L ocust Grove Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 2/14/2019 - 3:11 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 440 of 476 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 2/19/2019 Hearing Type: Council Item Number: 9-H Project Name: Avebury Project No.: H-2018-0141 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=163 2/20/2019 Page 1 HEARING DATE: 2/19/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0141 Avebury Subdivision LOCATION: North side of E. Pine Ave.; west of N. Locust Grove Road, in the NE ¼ of Section 7, Township 3N., Range 1E. I. PROJECT DESCRIPTION The applicant has requested three (3) applications for the Avebury Subdivision: 1). A final plat modification to depict three-foot PUDI easements on the east interior lot lines and propose a zero lot line between Lots 14 and 15, Block 1; 2). A modification to the existing Development Agreement (DA) to allow for the construction of an attached single family home on Lots 14 and 15, Block 1; AND 3). A miscellaneous application to extend the expired preliminary plat to allow a six-month extension to obtain City Engineer’s signature on the final plat. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda February 19, 2019 – Page 441 of 476 Page 2 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.6 Future Land Use Designation MDR Existing Land Use Undeveloped Proposed Land Use(s) Single family detached and attached homes Current Zoning R-15 Lots (# and type; bldg/common) 18 (14 bldg./4 common) Physical Features (waterways, hazards, flood plain, hillside) Five Mile Creek runs across southern part of site Neighborhood meeting date; # of attendees: November 7, 2018; 4 attendees History (previous approvals) RZ-15-008, DA Inst. No. 2015-102166; PP-15-007; FP H- 2016-0108; H-2017-0037 Meridian City Council Meeting Agenda February 19, 2019 – Page 442 of 476 Page 3 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Owner: AD800 LLC. 408 S. Eagle Rd. Ste. 103 Eagle, Idaho 83616 B. Representative: Breckon Land Design 6661 N. Glenwood Street Garden City, Idaho 83616 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda February 19, 2019 – Page 443 of 476 Page 4 IV. NOTICING City Council Posting Date Newspaper Notification 2/1/2019 Radius notification mailed to properties within 300 feet 1/29/2019 Public hearing notice sign posted 2/6/2019 Nextdoor posting 1/29/2019 V. STAFF ANALYSIS The applicant is requesting a six-month time extension on the approved and expired Avebury final plat (H-2016-0108), a modification to the original development agreement (DA Inst. No. 2015-102166) to revise lot lines and to allow for an attached single-family home, and a modification to the approved plat to vary from the approved configuration of lots. A miscellaneous application has also been submitted to request a six-month time extension since the plat expired on September 8, 2017. The original plat was configured with site drainage incorporated into on-site seepage beds. Upon preparing for construction, the applicant discovered the groundwater level was too high for seepage beds and needed to be accommodated through the use of a stormwater swale. Through numerous iterations and reviews, a stormwater swale has been reviewed and approved by ACHD within Lot 16, Block 1. The time and coordination required for several ACHD reviews caused the applicant to neglect obtaining a time extension on the plat, as such the applicant is requesting a miscellaneous application to process the six-month time extension for the plat. Both Planning and Legal agreed that the miscellaneous application was the only remedy for the applicant to pursue extension of the plat, predicated on Council’s action. Staff believes having the applicant start over is not in the best interest of the City (tied to a recorded development agreement) and respectfully request that the Council approve the request to extend the expiration date of the plat for an additional six (6) months from the date of the miscellaneous hearing. With the exception of the stormwater swale, all construction including utilities and landscaping has been completed. The required location and size of the swale required that Lots 14 and 15, Block 1 be condensed, resulting in a zero lot-line configuration and an attached single-family home. The approved plat depicted fourteen (14) building lots for single-family detached residences and four (4) common lots on three (3) acres of land. The proposed plat depicts fourteen (14) building lots with one (1) zero lot line. Because of this change, the applicant is requesting to modify the final plat and development agreement to reflect the single-family attached home and zero lot line between Lots 14 and 15, Block 1. The existing development agreement allows for a maximum of fifteen (15) single-family detached homes; the applicant is requesting to change the agreement to include fourteen (14) building lots with one (1) single-family attached unit. Staff is amenable to the applicant’s proposal as the proposed plat has the same number of building lots and common lots as the originally approved plat, but depicts a zero lot line and three-foot interior side setbacks on building lots. Lot 1, Block 1 shall have a five (5) foot interior side setback on the west side per UDC 11-2A-3H. A. Landscaping (UDC 11-3B): The landscape buffer within Lot 17, Block 1 shall be revised to include ten (10) additional trees for a total of seventeen trees (17) as depicted in the originally approved final plat (H -2016-0108). Meridian City Council Meeting Agenda February 19, 2019 – Page 444 of 476 Page 5 B. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): The attached single-family homes on Lots 14 and 15, Block 1 will be required to receive Administrative Design Review (DES) approval prior to obtaining a building permit. VI. DECISION A. Staff: Staff supports the modifications to the approved plat and development agreement, and the time extension and miscellaneous application to extend the time needed to receive the City Engineer’s signature on the final plat as proposed by the applicant with the conditions listed in Section VIII. Meridian City Council Meeting Agenda February 19, 2019 – Page 445 of 476 Page 6 VII. EXHIBITS A. Approved Final Plat (date: 3/27/2017) Meridian City Council Meeting Agenda February 19, 2019 – Page 446 of 476 Page 7 B. Proposed Final Plat (date: 1/17/2019) Meridian City Council Meeting Agenda February 19, 2019 – Page 447 of 476 Page 8 C. Approved Landscape Plan (date: 8/18/2016) Meridian City Council Meeting Agenda February 19, 2019 – Page 448 of 476 Page 9 D. Proposed Landscape Plan - NOT APPROVED Meridian City Council Meeting Agenda February 19, 2019 – Page 449 of 476 Page 10 E. Proposed Changes to the Developed Agreement 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of this site shall substantially comply with the preliminary plat and landscape plan including the following: provide a pathway connection to the City's Five Mile Creek 10-foot multi-use pathway across Danbury Fair's common lot subject to the HOA 's consent, provide additional landscaping adjacent to Danbury Fair (northwest corner and southeast corner) and provide the street lighting as proposed in Exhibit A of the attached Findings of Fact and Conclusions of Law (Exhibit “B”) and the revisions noted in the staff report. b. Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4 of the attached Findings of Fact and Conclusions of Law (Exhibit “B”) and the revisions noted in the staff report. Prior to issuance of a building permit, the Planning Division will review all home elevations to ensure compliance with the mix of materials and architectural details as represented in the attached elevations. The following design features shall be included on each lot: • Distinct variations in the front facades of the homes as shown in Exhibit A.4 of the attached Findings of Fact and Conclusions of Law (Exhibit “B”) and the revisions noted in the staff report (e.g. mix of materials, covered porches, variations in roof lines and wall planes) that contributes to an attractive streetscape along Pine Avenue. c. A maximum of fourteen fifteen (1514) single-family detached and attached homes shall be constructed on the site. The single family attached dwellings shall only be constructed on Lots 14 and 15, Block 1. Meridian City Council Meeting Agenda February 19, 2019 – Page 450 of 476 Page 11 VIII. CITY/AGENCY COMMENTS & CONDITIONS 1. PLANNING DEPARTMENT 1.1 Development Agreement Modification 1.1.1 The Development Agreement (Instrument No. 2015-102166) shall be amended in accord with the change noted in Exhibit VII.E. The agreement shall be signed by the property owner(s) and returned to the City within 6 months of the City Council granting the modification. 1.2 Final Plat Modification 1.2.1 The applicant shall obtain the City Engineer’s signature on the final plat within six (6) months from the findings date for the time extension, if approved, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 1.2.2 Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 1.2.3 The modified final plat prepared by Idaho Survey Group, LLC., stamped on 1/17/19 by Gregory G. Carter, included in Exhibit VII.B shall be revised as follows: a. Note #2: Graphically depict the three (3) foot wide public, utility, drainage and irrigation easements on east and west side of lots; with the exception of Lot 1, Block 1 which will need to have a five (5) foot wide PUDI easement on the west boundary. b. Note #2: Graphically depict the zero lot line between Lots 14 and 15, Block 1 will be a zero lot line to accommodate the attached dwelling units. c. Note #7 and #13: Include the recorded instrument number of the license agreement for the Nampa Meridian Irrigation District. d. Include the recorded instrument number of the modified development agreement, if approved and upon recordation. 1.2.4 The landscape plan prepared by Breckon Land Design, dated 5/4/18 stamped by John F. Breckon, included in Exhibit VII.D shall be revised as follows: a. Revise to include ten (10) additional trees for a total of seventeen trees (17) within Lot 17, Block 1 as depicted in the originally approved final plat (H-2016-0108). b. Submit a copy of a license agreement with the Irrigation District to allow the required plantings to be placed in the existing Five Mile Creek irrigation easement. 1.3 Site Specific Conditions 1.3.1 Applicant shall meet all terms of the approved rezone and preliminary plat (RZ-15-008, PP-15- 007). 1.3.2 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. 1.3.3 The attached single-family homes on Lots 14 and 15, Block 1 will be required to receive Administrative Design Review (DES) approval prior to obtaining a building permit. The building elevations shall comply with the submitted elevations in Exhibit A.4 of the Findings of Fact and Conclusions of Law for the original development agreement (RZ-15-008). 1.3.4 Prior to issuance of a building permit, the applicant shall record a final plat. Meridian City Council Meeting Agenda February 19, 2019 – Page 451 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 10 A Project File Number: Item Title: Fire Department: Subrecipient Beneficiary Grant Agreement with Ada County Emergency Management Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 10.A. Presenter: Deputy Chief J oe B ongiorno Estimated Time f or P resentation: 5 minutes Title of I tem - F ire D epartment: Grant B eneficiary Agreement with Ada C ounty E mergency M anagement [Action Item] R eques ting s ignature of Mayo r on S ub-R ec ip ient / Benefic iary G rant Agreement b etween Ada C o unty and the C ity o f Merid ian fo r 30 R es cue Tas k F orc e Ves ts & 30 Kits C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 2/13/2019 S ubrecipient B enef icary Grant A greement A greements / C ontracts 2/13/2019 RE V I E WE RS : Department Reviewer Action D ate F ire B aird, Ted Approved 2/14/2019 - 4:49 P M F ire Watts, K eith Approved 2/14/2019 - 5:41 P M Meridian City Council Meeting Agenda February 19, 2019 – Page 452 of 476 Meridian Fire Department 33 E. Broadway Avenue, Suite #210 Meridian, ID 83642 Phone 208-888-1234 www.meridiancity.org Feb 23, 2019 MEMORANDUM TO: Mayor and City Council Members CC: Mark Niemeyer FROM: Meridian Fire Department RE: Rescue Task Force Vests & Kits – Grant Beneficiary Agreement Requesting signature of Mayor on Sub-Recipient/ Beneficiary Grant Agreement between Ada County and the City of Meridian. City of Meridian Fire Department is a beneficiary of a grant (2018 Homeland State Security Program Grant) received by Ada County, Idaho Office of Emergency Management. This grant has been awarded to Fire Departments and EMS agencies in Ada County to ensure a standardized approach to active shooter and rescue responses, and was voted on and approved by the ACCEM (Ada County City Emergency Management) board. Items that will be received by Meridian Fire through the grant consists of 30 ballistic vests and 30 EMS packs specific for active shooter responses. Meridian City Council Meeting Agenda February 19, 2019 – Page 453 of 476 AGREEMENT NO. SUBRECIPIENT/BENEFICIARY GRANT AGREEMENT THIS SUBRECIPIENT/BENEFICIARY AGREEMENT (the "Agreement") is made and entered into this Jrday of �EhFMN , 201 , by and between Ada County, a duly formed and existing County pursuant to the laws and Constitution of the State of Idaho, as a Subrecipient of the Idaho Office of Emergency Management, ("County") and City of Meridian ("Beneficiary"). WITNESSETH: WHEREAS, County is authorized and required by Idaho Code § 46-1009 to maintain a County wide disaster preparedness agency; WHEREAS, in furtherance of those duties County has received grant # 2018 Homeland State Security Program (SHSP) grant from the pass-through entity Idaho Office of Emergency Management ("IOEM") for the purpose of implementing strategies to address identified planning, organization, equipment, training, and exercise needs to prevent, protect against, respond to, and recover from natural and other catastrophic events, a copy of which is attached as Exhibit "A;" WHEREAS, County desires to build and sustain regional core emergency management capabilities across the prevention, protection, mitigation, response, and recovery mission areas, more specifically set forth in Exhibit "B" attached hereto and by this reference incorporated herein; and County concurs that regional core capabilities and capability targets are not exclusive to any single level of government or organization, but rather require the combined efforts of the whole community. WHEREAS, Beneficiary desires to enter into this Agreement with County to build and sustain regional core emergency management capabilities while ensuring compliance with state and federal grant requirements. NOW, THEREFORE, the parties agree as follows: 1. REGIONAL CORE CAPABILITIES PURPOSE. County and Beneficiary agree that project funding and distribution will be based on building or sustaining high priority regional core capabilities that address prioritized threats, hazards, vulnerabilities, and/or risks. Beneficiary shall allow use of grant purchased equipment in support of emergency management functions, consistent with existing mutual aid or resource sharing agreements, for any local government member of Ada City County Emergency Management ("ACCEM") or their various public or private sector partners with emergency management missions. SUBRECIPIENTBENEFICIARY AGREEMENT - 1 Meridian City Council Meeting Agenda February 19, 2019 – Page 455 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 456 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 457 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 458 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 459 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 460 of 476 16. CHOICE OF LAW: This Agreement and its performance shall be construed in accordance with and governed by the laws of the State of Idaho, with venue for any action brought pursuant to this Agreement to be in the Fourth Judicial District, State of Idaho. 17. THIRD PARTY BENEFICIARIES: Nothing contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor of, any third party. DATED the day and year first above written. Board of Ada County Commissioners By: Kendfa S. Diana M. Lachiondo, Commissioner �w Rick Visser. Commissioner ATT Phil Mc rane, Ada County rjerk by Trent Tripple, Chief Deputy SUBRECIPIENTBENEFICIARY AGREEMENT - 8 Beneficiary: a rn rnIkee J Nam �a �r Title: STATE OF IDAHO ) ss. County of Ada ) —� this �q day of a , 20E before me, a notary public, personally appeared 1(,i r I-, known o6dentified to me to be the person whose name is subscribed to th ithin instrument, andcl nowledged to me that he/she executed the same. CHARLENE WAY COMMISSION *67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 SUBRECIPIENTBENEFICIARY AGREEMENT - 9 Notary Public for Idaho Commission Expires '5 -�� Meridian City Council Meeting Agenda February 19, 2019 – Page 463 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 464 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 465 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 466 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 467 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 468 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 469 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 470 of 476 Meridian City Council Meeting Agenda February 19, 2019 – Page 471 of 476 City Council Regular Meeting February 19, 2019 Agenda Item Number: 10 B Project File Number: Item Title: Police: Budget Amendment Meeting Notes: Office of Highway Safety Mobilization Grant Budget Amendment Not to Exceed $32,500 (Net Zero) ��i I TEM SHEET C ouncil Agenda I tem - 10.B. Presenter: L t. J amie Leslie Estimated Time f or P resentation: 5 Title of I tem - Police: Office of Highway S afety M obilization Grant B udget Amendment Not to Exceed $32,500 (Net Zero) [Action Item] Police Department - O HS Mobilization G rant , Not to E xceed $32,500 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate B udget A mendment Cover Memo 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate P olice Coles, C.J ay Approved 2/15/2019 - 10:56 A M Meridian City Council Meeting Agenda February 19, 2019 – Page 472 of 476 4—O` G ro r6 N � OC CL CL J O o z z a, p p — Q Q Q O nn f0 0 Q N M Q 00 Q d f A C C: vi N N O N O O O O v O O � O O N v a O O fy Ln W Ln }} Ln 2 4 LL U U LnLn v m V ❑ ❑ U Q UD O a 0 0 LLQ., � a� m O m /1 � N C: Q N N c � v v •� v IF�yI N d Y C `n E a� N p aci M H r Q � N °�° a E o 0 0 0 N 0 0 (o � > a 0 0 _ Y LL w p c N v J N w N N 0) N E E LL i 4- O N � O ca 0 z z p E c H E z L � °j O c c O > Q _ O LL oL t e in. in v v L LL c� G 6 w 4—O` G ro r6 N � OC CL CL J a, p p — Q Q Q O nn f0 0 Q N M Q 00 Q Q C C: vi O O O O O O O1 v O O C C O O HZ H e v a O O fy Ln W y ~ c Ln Ln 4 M p i— LnLn v m V � U m UD O c O m m m O m � N 3 N N Q N Q o v N N N `n E C N O M _O Q r N � N N 0 � v� 0 0 0 N 0 0 (o � � a 0 0 O LL w N N N N Y N fo N N 4- Q U � O ca F> N c W d � C Q L O > Q O an Q 73 0 O 0 O 0 O c� G 6 w 0 O d 0 O � C c m C Ln E Ln O lD O V .1 N m V1 7 N .--I N N N O LL p N O v p CU N J N J N N c� m t� m m m m m N N N N N N N O N O N N a N a J m N � m J Q Q Q Q Q ID Q N M Q 00 Q Q N O O O O O O O O O O O O O O O O O O O O O O O O fy Ln Ln m Ln Ln Ln Ln M m � LnLn v m m m U m UD O m O m m m C � m � N 3 N N Q N N � N N N N O C N C � _O Q N N N N N 0 � v� 0 0 0 0 0 0 (o � a 0 0 O b0 Q N N N N Y N fo N N 4- Q U � O Q F> c W d � E W Q Q Q Q Q Q Q Q 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O � � m m m Ln Ln Ln O lD O V .1 N m V1 O N O N .--I N O m N O N O N O N O c-1 N N N N N N N m m m m m m m m N N N N N N N N N N N N N N N N O O O O O O O O N N N N N N N N J J Q Q Q Q Q Q Q Q Q Q 00 Q Q O O O O O O O O O O O O O O O O O O O O O O O O O O fy Ln Ln m Ln Ln Ln Ln M m Ln LnLn m m m m m m m m m m m m m N N N N N N N N N N N N N N N N N N N N N N N N d p � v� 0 0 0 0 0 0 00 Wo a 0 0 0 N N N N N N M N N N N N N N y a a LL Qy LL a o Q) I r, u C (0 c c N L U 6,000000 O O O OO O a Ln Ln u) Ln u) m Q Q Q Q Q Q Q Q Q Q 00 Q Q O O O O O O O O O O O O O O O O O O O O O O O O O O Ln Ln Ln m Ln Ln Ln Ln M m Ln LnLn m m m m m m m m m m m m m N N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 00 0 0 0 0 0 N N N N N N N N N N N N N I r, u C (0 c c N L U 6,000000 O O O OO O a Ln Ln u) Ln u) m fA cr CJ C GJ G m 1 w Q M T Q E F 1 H a m m m m m m 4O � A d O O O O O O fA cr CJ C GJ G m 1 w Q M T Q E F 1 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a F e b r u a r y 1 9 , 2 0 1 9 – P a g e 4 7 4 o f 4 7 6 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 F e b r u a r y 1 9 , 2 0 1 9 – P a g e 4 7 5 o f 4 7 6 FY 2 0 1 9 C o m p u t e r & P r i n t e r C o s t s R e c o m m e n d e d B u d g e t A m o u n t HA R D W A R E Ne w D e s k t o p C o m p u t e r w i t h ( 2 ) M o n i t o r $ 1 , 7 0 0 Ne w L a p t o p C o m p u t e r ( n o e x t e r n a l m o n i t o r s ) $ 1 , 9 5 0 Ne w T a b l e t P C C o n t a c t I T Ne w P r i n t e r - S i n g l e P e r s o n - B l a c k a n d W h i t e $ 3 0 0 Ne w P r i n t e r - S i n g l e P e r s o n - C o l o r $ 5 0 0 Ne w D e s k t o p L C D S c r e e n - 2 4 " $ 1 3 0 Ai r C a r d A n n u a l S e r v i c e $ 5 2 0 * I f y o u n e e d p r i c i n g f o r s o m e t h i n g n o t o n t h i s l i s t , p l e a s e c o n t a c t I T . ** A l l c o m p u t e r s a r e a s t a n d a r d c o n f i g u r a t i o n . W e b e l i e v e t h e s e m a c h i n e s w i l l wo r k e q u a l l y w e l l f o r E n g i n e e r s a s w e l l a s c o m m o n d e s k t o p u s e r s . I f y o u n e e d a mo r e p o w e r f u l m a c h i n e c o n t a c t I T f o r p r i c i n g . 1/ 3 1 / 2 0 1 9 computer costs 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 F e b r u a r y 1 9 , 2 0 1 9 – P a g e 4 7 6 o f 4 7 6 City Council Regular Meeting February 19, 2019 Agenda Item Number: 11 Project File Number: Item Title: Future Meeting Topics Meeting Notes: