Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2019-10-22 Regular
C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, O ctober 22, 2019 at 6:00 P M (Called to Order at 6:10 pm) 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam (left at 8:00pm X L uke C avener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by L arry Woodar d of Ten M ile C hr istian C hurch 4. Adoption of Agenda – Adopted as Noted 5. Consent Agenda - Approved A. Approve M inutes of O ctober 15, 2019 C ity C ouncil Work S ession B. Approve M inutes of O ctober 15, 2019 C ity C ouncil Regular M eeting C. C astlecr eek S ubdivision S anitar y S ewer & Water M ain E asement D. E dgehill S ubdivision No. 1 P edestrian P athway E asement E. P ine Avenue 4-P lex E asement F. S ky M esa S ub No. 2 S ewer M ain E asement G. Temporary C onstr uction E asement with Lyn ette M ay F amily Trust of 3096 N. E lisha Ave. for the Repair/Replacement of a S ewer S ervice. H. F inal P lat for G ander C reek S outh S ubdivision No. 1 (H-2019-0108) by T r ilogy Idaho, L ocated S W of the Intersection of N. M cD er mott Rd. and W. M cM illan Rd. I. F inal P lat for L ittle Creek No. 2 (H-2019-0103) by J UB E ngineer s, L ocated at 1440 N. L ocust G rove Rd. J. Amended F indings of F act, C onclusions of L aw for M illbr ae S ubdivision (H-2019-0066) by WHP acific, L ocated at 4888 and 4920 W. C herry L n. K. Revised F indings of F act, C onclusions of L aw for S tapleton S ubdivision (H-2018-0129) by S tapleton, LLC , L ocated at the S W corner of S . M er idian Rd./S H 69 and W. Harris S t. L. Cooperative Agr eement B etween the C ity and Valley Regional T ransit for “Annual D ues and S ervice C ontribution” for a Not-To- E xceed amount of $317,857.00 and C apital C ontribution of $419,000.00 for a G r and Total of $736,857.00. M. D evelopment Agreement for C aldera C anyon (H-2019-0062) with Vanessa K laus (O wner/D eveloper), L ocated at 1294 E . L eigh F ield D r. N. D evelopment Agreement for Silver S prings (H-2019-0058) with L eigh & D onna B rinkerhoff, Todd C ampbell Construction, Inc. and Boos Homes, Inc., Boyd Hill and D avid A. M eyers (O wners) and Tall T imber Consulting, LLC and Todd C ampbell C onstruction, Inc. (D eveloper) L ocated at 1035, 1157, 805 & 905 E . M cM illan Rd. O. D evelopment Agr eement for T hr ee C or ner s Ranch (H-2019-0006) with S weet L and D evelopment, Inc. (D eveloper ) and D avid J . and L uane D ean (O wner s), L ocated at 1890 E . D unwoody C t. P. Approval of Purchase O rder 20-0060 to Eidebailly for F iscal Year 2019 Audit S ervices for the Not-to-E xceed Amount of $53,800.00. Q. Approval of Purchase O rder #20-0087 to Var sity F acility S ervices for F iscal Year 2020 J anitorial S er vices for the Not-to-E xceed Amount of $237,853.80 R. Approval of Task O rder 10036.a to M ountain Waterwor ks for the WRRF S idestr eam P hosphorus Removal P r oject for the Not-to- E xceed amount of $123,048.00 S. Approval of Task O rder 10550.c to SPF Water Engineering for Well 9 Replacement for the Not-to-E xceed amount of $129,000.00 T. M aster Agreement for P rofessional S er vices: P ark Identities P ublic Art Roster B etween S tephanie Inman and the C ity of M eridian U. M aster Agreement for P rofessional S er vices: P ark Identities P ublic Art Roster B etween T rademar k S ign Company, Inc. and the City of M er idian V. AC HD I mpact F ee Assessment and D eferral Agr eement for Ten M ile M edical O ffice B uilding W. AP I nvoices for P ayment - 10/15/19 - $671,799.54 S pecial X . AP I nvoices for P ayment - 10/23/19 - $2,916,479.89 6. Items M oved fr om the C onsent Agenda 7. Announcements 8. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Si gni ng up pri or to the start of the meeti ng is required. This time i s reserved for the public to address their el ected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/devel opment application. By law, no decisi ons 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 discussi on or action. The Mayor may also direct staff to further assist you in resolvi ng the matter following the meeti ng. 9. Action I tems Public Heari ngs for Land Use Applications follow this process: Once the Public Heari ng is opened, City staff will present thei r report. F ollowing the report, the applicant is allowed up to 15 minutes to present their applicati on. Members of the public are allowed up to 3 mi nutes each to address council regarding the applicati on. If a person is representi ng a large group such as a Homeowner's Associati on, indicated by a show of hands, they may be allowed up to 10 minutes. Following all public testimony, the applicant is then allowed 10 additional minutes to respond to comments. Once the public hearing is closed, no additional testimony will be received. The Ci ty Council may move to continue the item for additional informati on or vote to approve or deny the item with or without changes as presented. The Mayor i s not a member of the City Council and pursuant to Idaho Code does not vote on public heari ng items, unl ess to break a tie vote. A. P ublic Works: S olid Waste S urvey Results – Removed from Agenda B. F inal P lat for E ntrata F arms No. 2 (H-2019-0113) by F I G Village at P arkside, LLC , L ocated at 3882 W. F ranklin Rd. – Continued to November 6, 2019 C. P ublic Hearing C ontinued fr om O ctober 15, 2019 for C ity of M eridian Business Hours - Denied D. P ublic Hear ing for O r dinance 19-1857: An O rdinance P rohibiting the Use of Handheld Wir eless D evices While O per ating a Vehicle Upon a S treet or Highway Within the C ity of M eridian E. P ublic Hearing for Ordinance 19-1855: An O rdinance P rohibiting Use of Compression B rakes Within the C ity of M eridian F. P ublic Hearing for Ten M ile P laza (H-2019-0102) by Huston- Bugatsch Architects, L ocated at 3110 W. Q uintale Drive. – Continued to November 6, 2019 1. R eque s t: Modified Development A greement for the purpose of removing the subject property f rom D A I nstrument #101117652 and be placed in a new, separate agreement. G. P ublic Hearing C ontinued fr om O ctober 15, 2019 for Victor y Commons M D A (H-2019-0091) by B VA D evelopment, LLC. L ocated at 130 E . Victory Rd. and 3030 S. M eridian Rd. - Approved 1. R eque s t: Modified Development A greement for the purpose of removing the subject property from D A I nstrument #106155843 and to be placed into a new, separate development agreement. H. P ublic Hearing for Silver stone Apartments (H-2019-0099) by D ave E vans C onstruction, L ocated at 4107 E . O verland Rd. (Became Item 9-A) – Continued to November 12, 2019 1. R eque s t: Modified D evelopment A greement f or the purpose of removing the subject property from D A I nstrument #2018-012457 and D A I ns trument # 2018-012456 and be placed in a new, separate agreement. I. P ublic Hearing for G em P rep (H-2019-0100) by E r stad Ar chitects, L ocated at 2750 E. G ala C ourt - Approved 1. R eque s t: To vacate an existing 20’ x 20’ water easement located near the northeast c orner of L ot 7, Block 2 and the northwest corner of L ot 8, B lock 2 of G ramercy S ubdivision No. 1. J. P ublic Hearing C ontinued fr om O ctober 15, 2019 for Nick E states S ubdivision (H-2019-0086) by L R G eomatics, P LLC , L ocated at 1180 N. Ten M ile Rd. - Approved 1. R equest: To combine preliminary/f inal plat consisting of 4 building lots on 1.4 ac res of land in the R -4 zoning district. 10. O rdinances A. O rdinance 19-1855: An O rdinance P r ohibiting Use of C ompression B r akes Within the City of M eridian - Approved B. O rdinance 19-1857: An O rdinance P r ohibiting the Use of Handheld Wireless D evices While O per ating a Vehicle Upon a S treet or Highway Within the C ity of M eridian - Approved C. O rdinance No. 19-1858: An O rdinance (H-2019-0006 – T hr ee Corners Ranch) for Annexation of a P ar cel of L and B eing a P ortion O f T he NW ¼ of S ection 29, Township 4 No r th, Range 1 E ast, B oise M eridian, Ada C ounty, Idaho, as D escr ibed in Attachment “A” And Annexing C ertain L ands And Territor y, S ituated In Ada C ounty, Idaho, and Adjacent and C ontiguous to the C or porate Limits of the City of M er idian as Requested by the C ity of M eridian; E stablishing And D eter mining T he L and Use Zoning C lassification of 31.104 Acres of L and from RUT To R-4 (M edium L ow D ensity Residential) Zoning D istr icts in the M eridian City C ode; P roviding that C opies of this O rdinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada C ounty Reco rder, And T he Idaho S tate Tax Commission, As Required by L aw; And P roviding for a S ummary of the O rdinance; And Providing for a Waiver of the Reading Rules; And P roviding an E ffective D ate. - Approved D. O rdinance No. 19-1859: An O rdinance (H-2019-0058 – S ilver S pr ings S ubdivision) F or Annexation O f A P ar cel O f L and S ituate In T he North O ne-Half O f T he Northeast Q uar ter O f S ection 31, Township 4 Nor th, Range 1 E ast, Boise M er idian, Ada C ounty, Idaho, As D escr ibed In Attachment “A” And Annexing C ertain L ands And Territory, S ituated In Ada C ounty, Idaho, And Adjacent And Contiguous To T he C or porate L imits O f T he C ity Of M eridian As Requested B y T he C ity O f M er idian; E stablishing And D eter mining T he L and Use Zoning C lassification O f 5.19 Acres Of L and F rom RUT To R-4 (M edium L ow D ensity Residential) Zoning Distr ict I n T he M eridian City C ode; P roviding T hat C opies Of T his O rdinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada County Recor der, And T he Idaho S tate Tax Commission, As Required B y L aw; And P roviding F or A S ummary O f T he O rdinance; And Providing F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate. - Approved 11. F uture M eeting Topics Meeting Adjourned at 8:40 pm Meridian City Council October 22, 2019. A Meeting of the Meridian City Council was called to order at 6:10 p.m., Tuesday, October 22, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer, Anne Little Roberts and Treg Bernt. Also Present: Chris Johnson, Bill Nary, Bill Parsons, Kyle Radek, Mark Ford, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Okay. Thank you for allowing us a few minutes to break between the two meetings, but welcome to our City Council meeting. We appreciate you joining us. For the record it is Tuesday, October 22nd. It's ten minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge 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. He is with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Welcome, Larry. Woodard: Good evening. Our Dear Heavenly Father, you have blessed this city with a great Mayor and City Council this past year. It has been a year of unprecedented growth and change and we thank you for the guidance this Council has provided and we look forward to a new year of change. I was honored to see a new photo of the Meridian Police Department out in front of their office. The 115 man force was impressive and we are fortunate to have them patrolling our streets and neighborhoods. It's one reason we have a good and growing city. This fall as the weather changes we can expect changes as children go to school. Protect them from the winter weather and traffic as they make their way to school. Our fire department and city maintenance crews are still hard at work with Meridian City Council Meeting Agenda November 6, 2019 – Page 34 of 610 Meridian City Council October 22, 2019 Page 2 of 57 a new fire station on the south side of town as Meridian grows south at an alarming rate. The new Amazon distribution center of a thousand workers is going up next to Meridian and the impact will certainly affect many of our city functions. Ten Mile Road is undergoing reconstruction this fall and our prayer is for the safety of workers and the general public as work progresses this fall. A new school is being planned west of the city and we pray this change happens safely and quickly. Lastly, we are saying goodbye to our longtime Mayor Tammy as she ends a career of public service in the next few weeks. We just pray that her retirement will be restful and long, in Jesus' name, amen. De Weerd: Thank you, Larry. This is -- generally when Larry Woodard leads us in prayer it is generally an overview of the City of Meridian and you just heard it. Thank you, Larry. He is reporting to God and I'm glad it's still a good one and -- and I would like to welcome our troop in the front row. Thank you for joining us. We always love to see our scouts in the audience, so thank you. Item 4: Adoption of Agenda De Weerd: Okay. Item 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We were able to tackle 9-A in a work session, so we are going to rearrange one item and move 9-H, which is the Silverstone Apartments, to be the new 9-A and that is the one change. So, I move we adopt the amended agenda. Cavener: Second. De Weerd: I have a motion and a second and just make note to any that might be here for 9-H, that's being requested to continue and so we have moved it to the top, so we can understand that, so -- I have a motion and a second to approve the agenda as changed. All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of October 15, 2019 City Council Work Session B. Approve Minutes of October 15, 2019 City Council Regular Meeting C. Castlecreek Subdivision Sanitary Sewer & Water Main Easement Meridian City Council Meeting Agenda November 6, 2019 – Page 35 of 610 Meridian City Council October 22, 2019 Page 3 of 57 D. Edgehill Subdivision No. 1 Pedestrian Pathway Easement E. Pine Avenue 4-Plex Easement F. Sky Mesa Sub No. 2 Sewer Main Easement G. Temporary Construction Easement with Lynette May Family Trust of 3096 N. Elisha Ave. for the Repair/Replacement of a Sewer Service. H. Final Plat for Gander Creek South Subdivision No. 1 (H-2019- 0108) by Trilogy Idaho, Located SW of the Intersection of N. McDermott Rd. and W. McMillan Rd. I. Final Plat for Little Creek No. 2 (H-2019-0103) by JUB Engineers, Located at 1440 N. Locust Grove Rd. J. Amended Findings of Fact, Conclusions of Law for Millbrae Subdivision (H-2019-0066) by WHPacific, Located at 4888 and 4920 W. Cherry Ln. K. Revised Findings of Fact, Conclusions of Law for Stapleton Subdivision (H-2018-0129) by Stapleton, LLC , Located at the SW corner of S . Meridian Rd./SH 69 and W. Harris St. L. Cooperative Agreement Between the City and Valley Regional Transit for “Annual Dues and Service Contribution” for a Not- To-Exceed amount of $317,857.00 and Capital Contribution of 419,000.00 for a Grand Total of $736,857.00. M. Development Agreement for Caldera Canyon (H-2019-0062) with Vanessa Klaus (Owner/Developer), Located at 1294 E . Leigh Field Dr. N. Development Agreement for Silver Springs (H-2019-0058) with Leigh & Donna Brinkerhoff, Todd Campbell Construction, Inc. and Boos Homes, Inc., Boyd Hill and David A. Meyers (Owners) and Tall Timber Consulting, LLC and Todd Campbell Construction, Inc. Developer) Located at 1035, 1157, 805 & 905 E . McMillan Rd. O. Development Agreement for Three Corners Ranch (H-2019- 0006) with Sweet Land Development, Inc. (Developer ) and David J. and Luane Dean (Owners), Located at 1890 E . Dunwoody Ct. P. Approval of Purchase Order 20-0060 to Eidebailly for Fiscal Year Meridian City Council Meeting Agenda November 6, 2019 – Page 36 of 610 Meridian City Council October 22, 2019 Page 4 of 57 2019 Audit Services for the Not-to-Exceed Amount of $53,800.00. Q. Approval of Purchase Order #20-0087 to Varsity Facility Services for Fiscal Year 2020 Janitorial Services for the Not-to- Exceed Amount of $237,853.80 R. Approval of Task Order 10036.a to Mountain Waterworks for the WRRF Sidestream Phosphorus Removal Project for the Not-to- Exceed amount of $123,048.00 S. Approval of Task Order 10550.c to SPF Water Engineering for Well 9 Replacement for the Not-to-Exceed amount of $129,000.00 T. Master Agreement for Professional Services: Park Identities Public Art Roster Between Stephanie Inman and the City of Meridian U. Master Agreement for Professional Services: Park Identities Public Art Roster Between Trademark Sign Company, Inc. and the City of Meridian V. ACHD Impact Fee Assessment and Deferral Agreement for Ten Mile Medical Office Building W. AP Invoices for Payment - 10/15/19 - $671,799.54 Special X. AP Invoices for Payment - 10/23/19 - $2,916,479.89 De Weerd: Item 5, our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There were no changes as published, so I move we approve the Consent Agenda. For the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. Meridian City Council Meeting Agenda November 6, 2019 – Page 37 of 610 Meridian City Council October 22, 2019 Page 5 of 57 De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 6: Items Moved from the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Announcements De Weerd: Council, I have nothing of note to add to the announcements, other than we do have Trunk or Treat this week and hope you are all ready to see the streets of our downtown filled with all kinds of fun little characters. They come on all shapes and sizes. So -- Cavener: Madam Mayor? De Weerd: Yes. Cavener: Wasn't there a town hall meeting coming up? De Weerd: Oh. And a town hall tomorrow night. Good point. Tomorrow night at Meadow Lake Village we would love to have all of you in attendance as well. It's an unplugged, so we have asked the residents of Meadow Lake Village and it went out on social media asking for questions that citizens would like to have answered. It's never too late, so if you have questions you would like to submit that will be answered at our town hall meeting, we would love to hear from you and we will be live streaming it, so if you can't join us you can check in online and -- and we will -- we will bring the answers if we can. Okay. Thank you, Mr. Cavener for reminding me of that -- about that. Item 8: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Okay. Item 8 under future meeting topics. Mr. Clerk. Johnson: Madam Mayor, there are actually two sign-ins. One is for compression brakes, which is on your agenda tonight. The other is referencing a project that is actually an active hearing application with the Planning and Zoning Commission. It is scheduled to be heard Thursday. De Weerd: Okay. And just to note that if you signed up under the public comment, if it is regarding an active application we can only hear it through the public process, so that public hearing is on Thursday night. So, if you need further clarification if you will talk to our clerk he can give you additional information. Cavener: Madam Mayor? Meridian City Council Meeting Agenda November 6, 2019 – Page 38 of 610 Meridian City Council October 22, 2019 Page 6 of 57 De Weerd: Mr. Cavener. Cavener: Maybe also just add if you're unable to attend that meeting, then, you can e- mail the Council and Planning and Zoning Commission so it becomes part of the public record. Item 9: Action Items A. Public Works: Solid Waste Survey Results – Removed from Agenda H. Public Hearing for Silverstone Apartments (H-2019-0099) by Dave Evans Construction, Located at 4107 E . Overland Rd. (Became Item 9-A) 1. Request: Modified Development Agreement for the purpose of removing the subject property from DA Instrument # 2018- 012457 and DA Instrument # 2018-012456 and be placed in a new, separate agreement. De Weerd: Yes. Okay. If there is nothing else, Mr. Clerk, Item 9-A, which is 9-H, this is requesting continuance. No request for a continuance is for granted. We will want to hear the reason behind the -- the request. I will open the public hearing for H-2019-0099 and ask staff the basis behind the request for continuance. Parsons: Yes. Thank you, Madam Mayor, Members of the Council. So, you have had a chance to read the staff report and, essentially, what's happening is, just for clarification for the audience members as well, is this property is actually taking two paths as they go forward. So, a little bit of history and, then, I will share the continuance a little bit with you. So, essentially, the DA restricts the number of units on this particular property. Because the DA controls the number of units, the applicant has to have the DA amended first before -- and the CUP mod has to go to Planning and Zoning Commission. So, therefore, the Council will act on the DA mod and we scheduled the conditional use permit modifications for P&Z on the same weeks, in anticipation to help the applicant move forward through the construction process of this project. Now as the reason for the continuance is as we evaluated the conceptual development plan we realized that the applicant should probably lose some of the units and add some more open space as part of the project and so those were some recommendations that we had provided to you in our -- in our staff report. The applicant got the staff report and wanted some time to analyze that request and see what they could do to amend those plans to see if that would work for their client and that's why they requested a continuance. Right now in their e-mail to you they haven't requested a date certain. My recommendation is at the earliest that we continue this to, if you choose to do so, is November 12th. That way it gives staff adequate time to react to any changes the applicant might bring forward, so that we can bring forward either a memo or modify the staff report, so you can have the most current changes to that project before you as you take action on it. But, certainly, if you don't Meridian City Council Meeting Agenda November 6, 2019 – Page 39 of 610 Meridian City Council October 22, 2019 Page 7 of 57 want to honor the request for continuance this evening, staff is ready to present the product to you and move forward with the recommendation as stated in the staff report. De Weerd: Okay. Thank you, Bill. So, Council, you have kind of three different options to pursue. You can ask the applicant and make a decision on whether to continue this. You can continue it with renoticing and a mailing similar to what you have done in the past or you can hear the project this evening. So, I will ask you at this point for discussion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I would like to hear from the applicant to make sure that if we do continue this we are getting it on a date that gives them ample time to make the changes that need to be made. De Weerd: And I -- I'm curious how many in the audience tonight are here on this item, if you will raise your hand. Okay. Thank you. Would the applicant like to comment? Yes. Powell: Good evening. I'm Rob Powell with Dave Evans Construction, the applicant. Address is 7761 West Riverside, Suite 100, Garden City. De Weerd: Thank you. Powell: We agree with kind of Bill's synopsis of the reasoning behind us requesting the continuance. This is a big project. It's a complicated project. There is a lot of parts to it. One of the -- one of the requested conditions of approval is to decrease the number of units by 12 and that's -- that -- that could really make or break the project for us. We just received the staff report late Friday and just need a little bit more time to kind of work with our design team, also our clients to see the feasibility. We would love to comply with that, but -- but we need to look into those things. A continuance would also give us a little bit more time to kind of analyze some of staff's concerns and see if there is maybe even other solutions that could work better for that. So, that's -- that's the reason. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I think Council Member Milam has inquired about the date. Staff has suggested November 12th. Powell: Oh. Yeah. We are -- that's great. Meridian City Council Meeting Agenda November 6, 2019 – Page 40 of 610 Meridian City Council October 22, 2019 Page 8 of 57 Cavener: Okay. Powell: We like that. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: We don't necessarily love continuing items, but I just want to say thank you for being proactive and trying to, you know, make those changes and make this a better project before bringing it and hearing public testimony so far. Powell: Oh. Thank you. I would also add that we have been -- we have really tried to communicate well with the neighbors. A lot of those -- earlier today we let them -- at least kind of one of the -- the representatives of the neighbors know that we were going to request this and I'm sure a lot of those neighbors aren't here because of that. A lot of those neighbors oppose our project and we would probably have a better chance, but out of fairness to them as well I think a continuance would be appropriate. De Weerd: I appreciate that you let the neighbors know and that's -- I appreciate that you told us that. I kind of was thinking there would be more people as well. Powell: Yeah. And I apologize for those who didn't hear in advance. Like I said, we got the staff report late Friday. We have been in contact with staff yesterday and today and tried to do it earlier than that. So, there is a few neighbors who showed up here and I apologize that they didn't know about it before. De Weerd: Well, now they will have an opportunity to talk to you one on one out in the lobby. Powell: Yeah. De Weerd: Council, any other questions for the applicant? Thank you. So, at this point, Council, you do have the couple of citizens and the problem with asking for public comment on an application that will -- is most likely to change or maybe not, but providing testimony on something that could look different when it comes back to Council is -- is awkward. But, Council, what would you like to do at this time? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we continue Item No. H-2019-0099 to November 12th. Milam: Second. Meridian City Council Meeting Agenda November 6, 2019 – Page 41 of 610 Meridian City Council October 22, 2019 Page 9 of 57 De Weerd: I have a motion and a second to continue the public hearing for Silverstone Apartments, H-2019-0099, to November 12th. All those in favor -- Borton: Madam Mayor? De Weerd: I'm sorry. Borton: I was going to cut in -- De Weerd: Yes. Borton: A little quick discussion for it. I think -- De Weerd: Mr. Borton. Borton: Sorry. I'm supportive of the motion, but to the applicant's comments on communication with the neighbors, which is fantastic, the staff comments, which -- which reference some redesign and there is going to be some new renderings, I assume that it would be really helpful for those to be shared with the -- probably the neighborhood group, an e-mail list that you have got, prior to the meeting so they got a chance to review it. It makes that communication and comment on the 12th much more productive, so -- De Weerd: I guess the -- did the motion intend to address public noticing? Bernt: Yes. I was -- Madam Mayor, thank you for saying that. I would like also to add to that motion that the applicant renotice and -- and be responsible for the cost of that renoticing. Milam: I agree. De Weerd: Okay. Mr. Cavener. Cavener: Madam Mayor, I guess just for those that are -- the public that's in attendance are they able to attend that meeting on the 12th? De Weerd: If you cannot we would love to get your -- your comments in writing and -- and if you can't we will we -- we will figure out how to take your testimony. Johnson: Madam Mayor, as far as noticing, the earliest we could get in Meridian press, if we renoticed tomorrow, would be November 1st, which would not meet the guidelines statutorily for noticing. So, we would either have to go to November 19th or change your motion regarding the noticing. De Weerd: Thank you. That's an important detail. Meridian City Council Meeting Agenda November 6, 2019 – Page 42 of 610 Meridian City Council October 22, 2019 Page 10 of 57 Cavener: Madam Mayor, you know, I typically am in favor of -- of renoticing. It appears that the applicant is doing an adequate job of communicating with the neighbors. This is a meeting that was before us tonight, we are continuing it, I don't think there has been any action by the applicant that is adverse to the public, so I'm not supportive of requiring the applicant to renotice or to pay for it. I think that we can embrace the Meridian Way and educate the public via NextDoor, through social media, but requiring signage and posting in the newspaper to me doesn't seem necessary, given that we are just continuing this. De Weerd: It's consistent to what we have done in the past, but we do have a motion on the table and the motion is to continue this to November 12th and since we here it can't meet noticing processes, we either need a new motion or -- Bernt: Madam Mayor? De Weerd: Yes. Bernt: I would like to change that date to the 19th of November if that's okay. De Weerd: Okay. Does second agree? Milam: Second agrees. De Weerd: So, the motion is to continue this to November 19th -- Nary: Madam Mayor, that is the night of the comp plan. De Weerd: Oh. Nary: So, probably not the best night to have -- De Weerd: The night of the comp plan is going to be consumed with the Comprehensive Plan. True. Johnson: Madam Mayor, we can renotice via Next Door and our website, we just couldn't statutorily meet the deadline for newspaper and postcards. But we could certainly reach out and we do have a lot of public testimony received, so we could e-mail them, anybody who has provided comment that it has been continued and, then, the partner application of this is being heard at Planning and Zoning Thursday, where I believe they are also requesting continuance. So, there will be several ways the public will be notified that the continuance is happening if you choose November 19th. De Weerd: And, Mr. Clerk, could -- since we already have the mailing list, is there not a chance that we can do mailers before November 12th? Meridian City Council Meeting Agenda November 6, 2019 – Page 43 of 610 Meridian City Council October 22, 2019 Page 11 of 57 Johnson: We absolutely can. We could -- Madam Mayor, we could mail those as early as tomorrow, we just -- De Weerd: It's the just newspaper notice. Okay. Johnson: It could still be in the newspaper prior to then, it just would not be in the newspaper 14 days prior. De Weerd: Oh. Okay. Johnson: So, we are not -- we are not really meeting the code as far as that, but it's an additional step we could do and I believe Mr. Nary can correct me if I'm wrong, but we could certainly do that, because we have noticed before. We just couldn't count that as the 14 days. De Weerd: Okay. Mr. Nary, anything you want to add? Nary: Madam Mayor, no. Mr. Johnson is right, I mean as long as -- if the direction is not to necessarily meet the statutory notice, but provide the noticing as Mr. Johnson's office can provide, I think that's adequate. We are just wanting to make sure we weren't violating the ordinance or the statutory rules. De Weerd: Okay. Well, one more try, Mr. Bernt. Well, yeah, because right now you are continuing it to the 19th. Bernt: Madam Mayor, I move that we continue this item to the 12th and not require any type of formal noticing. However, we can maybe send out mailers and do the things necessary in which to notify as many citizens as possible via NextDoor and other methods. Is that good? Borton: Second. De Weerd: Yes. It was seconded, so it sounds good to me. The motion is to continue this to November 12th with the noticing that we can do, without the newspaper. Do you want to try another? Bernt: No. I'm good. De Weerd: Okay. All those in favor say aye. Any opposed? Thank you. MOTION CARRIED: ALL AYES. B. Final Plat for Entrata Farms No. 2 (H-2019-0113) by FIG Village at Parkside, LLC , Located at 3882 W. Franklin Rd . Meridian City Council Meeting Agenda November 6, 2019 – Page 44 of 610 Meridian City Council October 22, 2019 Page 12 of 57 De Weerd: Item 9-B, final plat for H-2019-0113. This applicant has also requested a continuance to November 6th, 2019. Mr. Parsons, any comments on this? Parsons: Madam Mayor, Members of the Council, essentially what happened is the applicant has modified their landscape plans since we processed the final plat application for you, so they have asked for that to be tabled and staff is requesting that they provide us a new open space exhibit to analyze the open space with phase two and that's why it's actually being tabled at this point to get us that information, so we can make sure that the plat conforms to the approved preliminary plat and the landscape plan approved with that project. De Weerd: Thank you. Council, do I have in motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we continue Item 9-B, H-2019-0113, to November 6th. Milam: Second. Cavener: Second. De Weerd: Okay. I have a motion and a second to continue Item 9-B to November 6th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Public Hearing Continued from October 15, 2019 for City of Meridian Business Hours De Weerd: Okay. Item 9-C is a continued public hearing for public comment regarding a proposed pilot project for city facility business hours to consider a pilot in November and December for -- to continue 45 hours of having our City Hall and city facilities open, but to have a Monday through Thursday 8:00 to 6:00 and a Friday 9:00 to 1:00 or 8:00 to 1:00. Council, since we talked about this last week I did attend Mayor's forum last Wednesday, Thursday, and Friday and this was an -- actually an item of discussion. Of the cities that participated around 35 percent of them have altered their business hours for their citizens to try and do two things. One, to offer more convenient hours after a typical work week, so residents on their way home can do their business on their way home, instead of during their work hour, and the second area was similar to the discussions that we have had in terms of trying to offer citizens -- or our employees more flexibility in their work schedules. So, I will ask if there is any questions from Council at this time and, then, I will ask Mr. Clerk if there is anyone signed up. Okay. Mr. Clerk, is there anyone signed up to testify? Meridian City Council Meeting Agenda November 6, 2019 – Page 45 of 610 Meridian City Council October 22, 2019 Page 13 of 57 Johnson: Madam Mayor, there is one person signed in, Mr. Terry Tate. De Weerd: Okay. Mr. Tate. Okay. This is a public hearing and we have done a poll on NextDoor. We have asked via our social media on trying to get public comment on what they think of new hours of operation. We have gotten a number of -- of comments and feedback, but is there anyone here who would like to offer comments? Okay. Well, Council. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: With the opportunities for public comment having been made over multiple hearings, receiving that, I move we close the public hearing on Item 9-C. Milam: Second. De Weerd: I have a motion and a second to close the public comment period. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To move it along, I think we had talked about this last week. We were short a couple Council Members. So, just time to gauge desire to move or not on this thing. I had expressed my support of it, not because I know it's going to work, but because I appreciate the intent behind it and I think we might learn a lot of positives from what does work and I think, quite frankly, the extended hours to 6:00 is one thing we are going to try and incorporate, but the fact that Madam Mayor has expressed just a two month pilot, we are going to gather data, take the compliments, take the complaints and see what, if anything, should survive going forward as an innovative way to try and do something better. So, it's worth giving it a go, at least from my perspective. De Weerd: Okay. Any other comments? Yes, Mr. Cavener. Cavener: Appreciate the comments, Council Member Borton. I got to watch the last couple weeks public hearings on this topic. Appreciate the comments. I still believe this is -- these are two separate issues and I commend, again, the Mayor for trying to think outside of the box to serve our employees and find new ways to meet their life, as well as also serving the citizens of Meridian. Although I still have not changed my opinion that I think closing business early on Fridays is good for our community, I think it flies in the face of expectations of our public that we are here to serve them and I think that a lot of people aren't reaching out on this, because they haven't been impacted by it and Meridian City Council Meeting Agenda November 6, 2019 – Page 46 of 610 Meridian City Council October 22, 2019 Page 14 of 57 inevitably when somebody shows up at 2:15 on a Friday and they can't access the services of City Hall that they pay for, that's when they are going to be frustrated. I also think that we talked a lot about customer service and the Meridian Way and, personally, I think that this is contrary to what we do day in and day out to serve our citizens. So, I'm not supportive of closing shop early on -- on Fridays. I'm happy to work with the Mayor and our employees to find ways to stay open late until 6:00 o'clock, Monday through Thursday. I think that's a really really great idea, but not at the expense of closing early on Fridays. De Weerd: I think the beauty about this is that it's a pilot program and if someone shows up at 2:00 o'clock on Friday and sees that they had an opportunity to do their business during another time that is actually more convenient, they will adapt. The cities that -- in fact, one of the presenting cities, Westminster, Colorado, they moved to four tens, so they were closed on Friday, and they did not have negative feedback from the community and what they did see is employee retention, which was at six percent change to three percent and -- and so I think it's working with the community to see how it works and -- and, then, bringing back the data afterwards and saying, well, you know, we -- we gave it a try and it either worked or it didn't. But, then, at least you know why it did or didn't, so -- Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I appreciate the dialogue in regard to our citizens and if they -- and their support -- level of support in regard to this possible change. I have been contacted by some -- some staff here at City Hall, one in particular that was sort of confused in regard to the hours and the days and such and suggested that we send out a Survey Monkey e-mail to the -- to the -- to the city staff, so they can -- so, they can offer up their opinion as well. So, I think I mentioned -- I don't remember. We have talked about this two or three times and I don't remember, but in the past I felt like it was important to not only reach out to the citizens, but also to reach out to our city staff, because they will be impacted by this decision as well. So, I would be in favor of reaching out to city staff before we make this decision. And another concern that I have is in regard to a pilot program that involves the entire city and I know that we spoke about this last week. I wish that we could find a way in which we could do a pilot program that involves maybe like a department or two before we totally change the hours of City Hall. I just think that -- I guess I'm not totally against it, I just -- I just can't wrap my arms around why we can't just start it out at -- you know, with one or two departments just to see how it goes. Those are my thoughts. De Weerd: Well -- and, Mr. Bernt, I -- I know you have mentioned the survey in the past and I meant to chat with you yesterday after the candidate forum, but our -- our departments have been talking to their staff members all summer. We have been discussing this at the senior leadership level and the directors have gone back to their teams and talked about it and certainly -- I don't know if the -- the ones that have reached out were on vacation or -- or why they weren't part of that discussion, but I think there is Meridian City Council Meeting Agenda November 6, 2019 – Page 47 of 610 Meridian City Council October 22, 2019 Page 15 of 57 a willingness from our -- our departments and our staff and an eagerness to -- to see how this works and -- and -- and unless you give it a try you will never know. Bernt: Point taken. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, given the fact that we have got early voting happening now it made me wonder what would happen to events that are currently scheduled for like a Friday afternoon? De Weerd: Early voting actually had Saturday hours in the past and they have opened City Hall and they have -- we haven't staffed it. They staff the early voting. Little Roberts: Follow up? De Weerd: Uh-huh. Little Roberts: But we do have staff to be in the building to have the building open? De Weerd: They -- they open the building. They do work with the clerk's office, get the key or -- or whatever it is and they can open up City Hall. Little Roberts: Thank you. De Weerd: Mrs. Milam, did you have a question? Milam: I did. Bernt: Did you forget it? Milam: I'm getting old. I don't remember all of it, but I -- I like the idea, because it's a pilot program and the only way you're going to know if it's going to work is to try it. I would be more comfortable if there were a way for people to get in touch with somebody, at least in the beginning, maybe the first couple weeks. A phone number posted on the door for emergencies or for extremely important or somewhere to leave a note, so that we know that we are aware of how many people are coming by an unexpectedly finding City Hall closed and put off by it, enough to either leave a note or make a phone call. Otherwise, we don't know the answer to that question either. People might come and they might get frustrated and leave. They might say, oh, it's no big deal, I can wait until Monday. But I think that would be an important piece of data to try to catch. Okay. Well, we will put Luke's number on the door. Meridian City Council Meeting Agenda November 6, 2019 – Page 48 of 610 Meridian City Council October 22, 2019 Page 16 of 57 De Weerd: They can call me. I will probably still be here, so we can figure something out in that regard. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe I missed it. Did -- we are talking about what the -- the benefit would be and I guess maybe I have missed it. What is the benefit to our building being closed in the afternoons on Fridays? How does that benefit our citizens? De Weerd: What we are doing is trying not to change the number of hours that City Hall is open. It's open currently 45 hours. So, we are taking the five hours -- or the four hours and -- that we are closed on Friday and we are extending the hours to 6:00 o'clock, Monday through Thursday. Okay. Bernt: Madam Mayor, if I can answer that question, too. I feel like also -- I come from a private sector or -- or business perspective I think that when you have happier, more effective employees, I feel like maybe they will be happier therefore work harder -- not that our city staff doesn't work hard, I don't want to give that impression at all, but like maybe generally just have a more general good -- you know, better attitude -- how do I say this? I don't want to make it sound like I'm saying that our city staff isn't -- but you get it. So -- Cavener: Madam Mayor? Bernt: -- do you get it -- by going forward they might be -- De Weerd: I think what the other cities have found that have modified their -- their city hall hours have found that there is greater flexibility in work schedules for all departments, including the small departments that don't have that flexibility to have front desk covered and that sort of thing and because of that and because of the -- the younger work force that would like to see -- don't have an opposition to ten hour days and three hour -- or three day weekends, it gives them greater flexibility for their work life balance. Bernt: Good point. De Weerd: Okay. So, what do you want to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I will make a motion just to get this moving. I move we approve Item 9-C, a modified pilot project, hours for City Hall as presented. Meridian City Council Meeting Agenda November 6, 2019 – Page 49 of 610 Meridian City Council October 22, 2019 Page 17 of 57 Little Roberts: Second. De Weerd: I have a motion and a second to approve the pilot project. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, nay; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, yea; Bernt, nay. Borton: No. And I will tell you why, Madam Mayor, if I can. If we don't have much unanimity amongst the Council for this -- a pilot like this needs our support to take the risk and gather the data and learn from it and if we are divided on it then -- I think we all need to be in the same boat to proceed on something like that, understanding that the project would have complaints, it would have -- it certainly is going to have some folks upset as we learn what works and doesn't work and I think in that context to have us that divided on the issue is not healthy. So, that's the reason I'm voting no. De Weerd: Okay. MOTION FAILED: TWO AYES. FOUR NAYS. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I don't know where this is going to go, but I move that we deny Item 9-C -- or is it just -- De Weerd: You don't have to -- Cavener: Madam Mayor, a comment. I would hope that we can take this as an opportunity to take Council Member Bernt's suggestion. Let's -- let's poll our employees, let's send them a Survey Monkey. If the data that comes back from our employees matches what you are hearing from your leadership team, that's very compelling and that's something that I would like to hear. On top of that I reiterate my commitment to you to be willing to work with you and your team to see if we can be creative in terms of schedules for employees, so that they can get some of these benefits that I'm hearing are so important to them. I think this Council has always been committed to our employees and if this is a concern you're hearing from them, I want to work on that. I just don't want to address it at the expense of our citizens. De Weerd: And we didn't think of it in terms of at the expense of our citizens, we saw it as -- to benefit our citizens, those that came in during their lunch hour, they didn't have another option and that is the feedback that we got. But, certainly, I would agree with Mr. Borton. You know, it doesn't make sense moving forward with something that the Council can't agree on. Meridian City Council Meeting Agenda November 6, 2019 – Page 50 of 610 Meridian City Council October 22, 2019 Page 18 of 57 D. Public Hearing for Ordinance 19-1857: An Ordinance Prohibiting the Use of Handheld Wireless Devices While Operating a Vehicle Upon a Street or Highway Within the City of Meridian De Weerd: So, moving forward Item 9-D is a public hearing for Ordinance 19-1857 and this has been continued. I will see if our chief has any -- I know you have been up in front of Council on this item a number of times. Do you have additional information or comment? Lavey: Madam Mayor, Council, I don't think you need to hear additional from me. I think it's been brought forward. I know a few of you have asked for some additional information that I have supplied and I wasn't going to speak tonight. I would just request that we close the public hearing and take action on it. But I do have a couple of words to -- to share. Tonight three of you have an opportunity to find your legacy as it concerns public safety. You have an opportunity to find that in a positive manner. I urge your support. I look forward to your vote and I thank you for the attention that you have given me over the last five weeks. Thank you. De Weerd: Any questions for the chief? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, one item before you open up for the public's comment. If you will notice on the -- on the ordinance that is in your packet, there is an effective date that is left blank. That was intentional and I think I just notified you of that earlier, that if your desire is to move this forward, I would like you to select a date of effectiveness. The chief had mentioned we wanted some opportunity for educating the public, if that's your desire to move this forward. So, I wouldn't suggest approving this ordinance tonight, but if you want to move it forward, to pick an effective date, set that for the first reading, give that one more opportunity for the public to at least be aware of it before you approve it. So, that was my only suggestion on the effective date, just because it is blank, because that was the chief's direction was to give some time, whatever that may be, to make sure there was some public opportunity to notice people that this was occurring. De Weerd: Thank you. Mr. Clerk. Johnson: Madam Mayor, there are no sign-ins on this topic. De Weerd: Okay. This agenda item is an ordinance that would prohibit the use of handheld devices. It -- while operating a moving vehicle or a vehicle and I would ask if there is any testimony from those in the audience. Borton: Madam Mayor? Meridian City Council Meeting Agenda November 6, 2019 – Page 51 of 610 Meridian City Council October 22, 2019 Page 19 of 57 De Weerd: Mr. Borton. Borton: To Mr. Nary's comment, are you -- are you telling us that we are prohibited from acting, even if we included an effective date, or you just recommend we don't? Nary: Madam Mayor, Members of the Council, Council Member Borton, you are not prohibited from acting. Since you hadn't noticed anyone as to when this would become effective, my suggestion was that you -- if that's your desired to move forward tonight, make tonight the first reading, have it one more reading at least for next week, so that there is at least some public awareness of this being enacted and when it would be, but it's not required. By statute you can approve it tonight with an effective date if it is going to be 30, 60, 90 -- whatever days you choose, that's certainly the opportunity to notify people as well. So, you can move forward if you wish. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I have a question for Bill as well. I know we went to a couple different versions of these and I'm not -- I'm not able to open up my screen right now, so does this -- the current version we are proposing does it include while you are stopped at a red light or is it just while the vehicle is in motion? Nary: Madam Mayor, Members of the Council, Council Member Milam, this ordinance as it's currently drafted prohibits the use of these devices anytime the car is in the lane of traffic. Milam: Okay. Nary: So, it is whether stopped at a light or moving, it cannot be -- you cannot use a handheld device. You have to be parked and off the roadway. De Weerd: And I think the reasoning behind that -- and the chief has spoken to this -- is a lot of our accidents, because of distracted driving, have been while a vehicle has been stopped and rear ended because someone in front of them wasn't paying attention to the light turning green. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: The chief said the reason for a lot of road rage and I have to say -- I'm going to stand firm that it prevents way more road rage than it causes. So, if you are stuck sitting in a traffic light for 15 minutes, ten minutes -- I don't know. Sometimes on Eagle Road that happens and it allows you to -- to move your mind from that and do something that you would need to do, that you need to or need to check or people work in their cars and Meridian City Council Meeting Agenda November 6, 2019 – Page 52 of 610 Meridian City Council October 22, 2019 Page 20 of 57 they -- they can't be pulling over every ten minutes, it gives an opportunity -- and, yes, there are some morons that are going to be morons and do stupid things all the time and don't pay attention, but I -- I think -- and the people I have talked to it helps more than it causes problems, so -- De Weerd: I don't know. Most people I know that get behind a wheel are supposed to drive and -- anyway. Any other comments? Mr. Clerk, anyone signed up? Johnson: Madam Mayor, no one has signed up. De Weerd: Oh, I think I have already asked that. Really? No one signed up? And are you sure no one wants to provide any comment? Okay. Council, this is now yours. Chief, did you want to -- to have any further comment to -- Lavey: Madam Mayor, Council, Councilman Milam and I had a discussion yesterday and we just have to agree to disagree and I respect her vote of no. It was interesting, I heard a council candidate last night tell a story about road rage in regards to someone not getting off the phone when he was sitting behind -- oh, I gave it away kind of -- when he was sitting behind them at a light, so I disagree. We are getting road rages three to five times a week in regards to people not paying attention on the roads. But we can respectfully disagree. I think it's time for us to make a decision, either yea or nay, and we need to move on. We have had I think five or six weeks now. We have had four public opportunities for people to provide their testimony. I think it's just time to make a decision. Little Roberts: Madam Mayor? De Weerd: Yes. Little Roberts: Madam Mayor. Chief, what would be an appropriate time for beginning the ordinance? Would January 1 be too soon, just right? Lavey: Madam Mayor, Councilman Little Roberts, as I testified in the past -- and one of the versions of the ordinance said that it would become effective as soon as it was posted -- it was posted. I think we need to make it effective as soon as we possibly can, so we can start the educational process. That means that you would get pulled over, you just wouldn't get a ticket. So, we are proposing that we not start writing tickets until after January 1, but if we don't enforce this ordinance or put it in effect, we can't even stop cars until after that occurs. So, I wouldn't want to delay that part of it. De Weerd: Okay. Any other questions for the chief while we have him up here? Lavey: I can walk back. I'm not -- De Weerd: We appreciate that you have been spending your evening with us and I understand last week you even gave up your son's soccer game. Meridian City Council Meeting Agenda November 6, 2019 – Page 53 of 610 Meridian City Council October 22, 2019 Page 21 of 57 Lavey: It was a -- it was a district soccer game. They are going to state. I did miss that. It was a little frustrating. But I'd like to say I'm over it. I'm not quite over it. And I wasn't going to come tonight, but I have too much invested in this and I'm looking forward to a positive outcome. De Weerd: Thank you, chief. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just one more point from what the chief said. The effective date can be immediate, but understand it takes about 30 days, approximately -- between 15 -- 14 and 30 days to get it through the system -- Lavey: Yes. Nary: -- being able to be -- a ticket to be written for them to actually stop anybody anyway. But, I agree, we can make it effective as soon as possible, but the process still takes a bit to get it through the Supreme Court and on the schedule and in the system for tickets and all that. So, it will take a little time for that anyway. Lavey: Madam Mayor. He is correct in what he is referring to. We do e-ticketing and everything is electronically and so it will take a while to update the software and stuff. But we can't do that until after the ordinance goes in effect. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Nary, is action taken at this stage of the public hearing potentially, one way or the other, or do we need to wait until the ordinance itself comes up on the agenda later on? Nary: Madam Mayor, Members of the Council, Council Member Borton, I would suggest waiting until the ordinance comes up, because you would actually have a reading at that point, then, and, then, you -- but you can certainly put the direction -- if you want the direction that -- our normal standard for ordinances is the language is that it's effective as soon as it's published and it takes about ten days to get published. I can make that change while we are here and we have it ready by the time you get to the ordinance, if that's your desire. De Weerd: Thank you, chief. Borton: Madam Mayor? Meridian City Council Meeting Agenda November 6, 2019 – Page 54 of 610 Meridian City Council October 22, 2019 Page 22 of 57 De Weerd: Mr. Borton. Borton: I move we close the public hearing on 9-D. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on 9-D. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. E. Public Hearing for Ordinance 19-1855: An Ordinance Prohibiting Use of Compression Brakes Within the City of Meridian De Weerd: Okay. Item 9-E is a public hearing on Ordinance 19-1855. This is an ordinance prohibiting the use of compression brakes within the City of Meridian and we did have conversations. We continued the -- the item over to this to ask for additional public comment. Mr. Clerk. Johnson: Madam Mayor, my office received no public comment via e-mail or phone, but you do have Bob and Louise Jones signed in this evening wishing to testify. De Weerd: Okay. Thank you. Welcome back. We are glad you came back. Jones: Madam Mayor and the City Members, we are glad to be received back. Thank you, Mayor, very much. B.Jones: I just want to say -- De Weerd: If you can -- B.Jones: -- Bob and Louise Jones. De Weerd: Yes. B.Jones: And we reside at 3483 West Sand Wedge Street in Meridian. That's in Spurwing Greens Subdivision, which backs right up to Chinden, Highway 20-26 and Ten Mile. De Weerd: Thank you. B.Jones: Last week there was a question brought up about what the objective was of this ordinance and I don't think it ever got answered, but -- so, I just want to say that the objective is to improve the quality of life of those of us who are affected by the use of compression brakes. It's that simple as far as I'm concerned. Meridian City Council Meeting Agenda November 6, 2019 – Page 55 of 610 Meridian City Council October 22, 2019 Page 23 of 57 Jones: So, to build on that, we live about one hundred yards from the intersection of Ten Mile and Chinden. That's a state highway and it's a road corridor from the interstate down Ten Mile. So, we get a lot of traffic from trucks, as well as other vehicles, of course. Going back and just really looking at what we are really talking about, I noticed that trucks that slow down before they get to an intersection that has a signal light often don't use their compression brakes. It's those that are barreling down the highway or Ten Mile trying to get to the -- the light, it looks like to me, so they can get through it and they, of course, are going to use their engine brakes. I -- you know, it's a 55 mile zone on Chinden. I'm not sure what it is on the Ten Mile. But I estimate about three trucks an hour use their compression brakes. Now, our back yard is right there close to the intersection, so it's -- it bothers us a great deal. So, that's a personal thing. But I have driven down some of these other corridors. It's not unusual for these residences to be close to a signal light that's going down Ten Mile, Chinden, and so forth and other places. Ustick and so forth. I'm just thinking that if we had a few signs entering into Meridian on our corridor it would be probably Black Cat and Locust Grove, east and west, and maybe coming down Ten Mile off the interstate. That would take a great deal of burden off of us. I think signs act as a deterrent. We can't expect an officer to be there to stop a person who -- a trucker that's using compression brakes, unless they just happened to be there. That's true of any traffic infractions. I heard last week that maybe the emergency vehicles ought to adhere the same. I'm not -- I'm not concerned about that. We get emergency vehicles that go down by us, but it's -- they are not the big problem. The big problem are all the truckers that are coming by and -- De Weerd: Ma'am, if I can ask you to summarize. Jones: Yes. Thank you. And I think I just finished it up. So, whatever questions you have of us. De Weerd: It was timely; right? Council, any questions? Bernt: No questions. De Weerd: Thank you for joining us again. Jones: All right. Thank you. De Weerd: Appreciate that. Any further testimony on this item? Lavey: Madam Mayor, Council, since I testified on it last night and I'm here, I may as well testify again. The police department does not object to this ordinance. It will provide consistency amongst the -- the other cities in the county. The one thing that you will have to determine is which department is going to be responsible for the signs and who is going to pay for those signs, because those will -- will cost the city and, then, the location of those signs. Other than that we are in full support of -- of this ordinance and I will stand for any questions. Meridian City Council Meeting Agenda November 6, 2019 – Page 56 of 610 Meridian City Council October 22, 2019 Page 24 of 57 De Weerd: Okay. Thank you. And I think it was stated last week that ITD has offered the signs and to install them. Lavey: That would be great if they did. I know that ACHD, which would be Ten Mile, will actually make the signs -- invoices for those signs, but they do install them for free. So, there might be different protocols for each. I know we have had some signs put up in the past and there is -- they are about 40 dollars a sign. De Weerd: Thank you, chief. Council, any further information needed on this? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we close the public hearing on item -- Item 9-E. Cavener: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on 9-E. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Yes. Borton: I apologize to interrupt, but if I may, for scheduling to make sure we have got a full Council with -- with some time constraints, in light of the hour, I would ask that we do an amendment of the agenda and move 10-A and 10-B to the new 9-E1 and E2. So, the ordinances that we just both heard and have been discussing for -- for several hearings, we can take some action on while we are all present. Potentially take action on at least. De Weerd: Okay. Cavener: Second. If we need a second. It's just a request I think. De Weerd: Yeah. Okay. There is a motion and a second to move Items 10-A and B to this point on our agenda. All those in favor say aye. Any opposed? Okay. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance 19-1855: An Ordinance Prohibiting Use of Compression Brakes Within the City of Meridian Meridian City Council Meeting Agenda November 6, 2019 – Page 57 of 610 Meridian City Council October 22, 2019 Page 25 of 57 De Weerd: Okay. So, that brings us to Ordinance 19-1855 under 10-A. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. This is the 19-1855 is what I heard? Okay. So, an ordinance prohibiting use of compression brakes within the City of Meridian. De Weerd: That was a short title. Is there anyone who would like to hear it read in its entirety? I don't see any. Council. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: This is -- what are we doing? Are we -- are we approving it or are we -- De Weerd: If you wish to approve it or not. Milam: With -- we are not doing a suspension of rules, we are doing a first reading -- the three readings? De Weerd: That would be up to whoever makes the motion. Milam: Okay. Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 19-1855. Cavener: Second. De Weerd: Okay. I have a motion and a second to approve Ordinance 19-1855. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: As I said last week on this issue, I -- I can't support it so long as we are exempting ourselves. De Weerd: Okay. Any other discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda November 6, 2019 – Page 58 of 610 Meridian City Council October 22, 2019 Page 26 of 57 Cavener: For the benefit of the public, appreciate -- I watched the public hearings on this while I was absent. I have struggled with this one. You don't think the compression brakes would be a humdinger, but this one has been for me. I value the -- the feedback of our transportation commission, but I have been unable to find what potential harm we create for our community by enacting this. I recognize the immense challenge we place on law enforcement to enforce something like this, so I am a firm believer that the majority of the people will do the right thing the majority of the time. The signs can help with education and if that can make an impact for -- for some members of our community's lives I'm supportive. So, appreciate the motion. Appreciate the second. I will be supporting it. De Weerd: Okay. Any further discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. Thank you. MOTION CARRIED: FIVE AYES. ONE NAY. B. Ordinance 19-1857: An Ordinance Prohibiting the Use of Handheld Wireless Devices While Operating a Vehicle Upon a Street or Highway Within the City of Meridian De Weerd: Then Ordinance 19-1857. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. An ordinance prohibiting the use of handheld wireless devices while operating a vehicle upon a street or highway within the City of Meridian. De Weerd: You have heard this ordinance read by title. Is there anyone who wishes to hear it read in its entirety? Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor. I have provided Mr. Johnson with the language for the effective date that it would be effective on passage and publication, which is our normal standard if that's your desire. If you would include that in the motion. If you want a specific date instead, just include that in the motion. So, he has the language for either option. De Weerd: Thank you, Mr. Nary. Council? Borton: Madam Mayor? Meridian City Council Meeting Agenda November 6, 2019 – Page 59 of 610 Meridian City Council October 22, 2019 Page 27 of 57 De Weerd: Mr. Borton. Did Mr. Nary say something? Borton: Speaking over each other. De Weerd: Okay. Borton: Madam Mayor. I will make a motion to get the discussion going. Perhaps. I move we approve Ordinance 19-1857, prohibiting the use of handheld wireless devices, with an effective date on passage and publication as referenced by legal counsel. Little Roberts: Second. De Weerd: Okay. I have a motion and a second. Do I have discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have had multiple opportunities to discuss this important issue and we have been able to gather important data from law enforcement and an opportunity from our community and, quite frankly, a chance to discuss it amongst us as we have gone through this process. It is not a motion that I take lightly in supporting, but it is one that -- that my enthusiasm for what this provides our community has been strengthened by the input we have gotten from the public around the community. I think about this kind of ordinance and what it can provide and we talked at one of the earlier hearings about trade-offs and one of the trade-offs that is important to me is the liberty of operating a vehicle is really important, but when you do that on the public streets, with all of our families and co- workers and friends on the sidewalks and in the streets with us, you do so with some heightened responsibility. We heard certain data from our law enforcement community, who is on the street daily dealing with the accidents, dealing with the conduct that is created by cell phone usage. Oftentimes with good intentions, but it absolutely leads to traffic accidents. It leads to fatalities and our police and fire cut children and adults out of cars, because people use cell phones when they drive. So, when we talk about the effective date of this ordinance and I think about the holidays coming up and I think about difficult driving conditions and I think about the cost to our community of waiting another day to have this opportunity for public safety presented to our community, the public hearing time has run its course and the time to act is now. I think the life that we save in December and January we will never see, they will never come here and talk to us. They will go home to their families and to their jobs. But I'm confident that will happen and to have a little piece of responsibility to make that possible for that person who gets to go home, I'm all in and if Meridian can lead the way in the Treasure Valley to do what's right, I'm all in as well. So, that's the reason why I have been supportive of this process, have been appreciative of all of the public input in the grocery store and school grounds and work settings and most importantly for Chief Lavey, to you and to your entire department and to our entire fire department, which deals with this daily, it makes our community one Meridian City Council Meeting Agenda November 6, 2019 – Page 60 of 610 Meridian City Council October 22, 2019 Page 28 of 57 of the safest places in the state, if not the west. Thank you for your efforts to make this a possibility. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I think that in my opinion Mr. Borton said it perfectly and I won't go into as much detail as he did, but I wanted to also thank Chief Lavey and his team for putting this together. This has been a tough one as well. You know, there is a debate between, you know, government overreach versus public safety and after thinking about it and after staying up at night a couple times, bugging my wife with different type of questions in regard to this issue, I have come to the conclusion that -- that at the end of the day we should not be using cell phones while driving and it is -- it's an addiction that is real and -- and in some cases cannot be controlled. I have sat at intersections multiple times and looked around and -- and in some cases -- not all cases, but in some cases I have seen the entire -- every vehicle at an inter -- at an intersection on their cell phones and it's a real problem. The only way that we can fix it is by -- by taking action this evening. So, I -- I look forward to being the leader in the Treasure Valley in regard to this -- this ordinance and I call on our fellow municipalities that are nearby to -- to have this type of dialogue within their settings as well and I will be voting yes this evening on this ordinance. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: It's been a really good discussion. Both sides and from the public. I echo some of my colleagues' comments. Anytime law enforcement brings us an issue I think it deserves the time and attention and strong consideration. I think we have seen that here tonight. I think when this was first brought up Council Member Borton says there is no argument that distracted driving is a problem and I really think that for many of us the -- the wrestling has been with the consequence. While I'm not satisfied that the consequence is harsh enough, it does seem at least a step in the right direction. For Council's benefit, you guys know -- in my day job I get in front of mayors and city council members, legislative members across the state, across the nation, talking about encouraging them to make strong policy decisions around public safety and a big chunk of my work is not just bringing a good idea, but bringing a scientifically validated idea. If you do X Y occurs and the piece about operating motor vehicles while using your phone, the data is clean. The piece that I am wrestling with, the piece that I'm not supportive of, I'm hoping maybe for a substitute motion, although I know we frown on those, is this prohibition of using your device when the vehicle is not in motion. I appreciate the chief sent me two multi-hundred page reports from the state of Oregon. I only was able to get through about half of one and, then, again, the data is clear. Again, if my focus is here, it's not focused here. But I also know that if I'm trying to get where I'm going, if I'm stopped at a light using a map, type in an address. I'm not creating a public safety danger that I am when I am operating a motor vehicle and so because there isn't that scientific data to Meridian City Council Meeting Agenda November 6, 2019 – Page 61 of 610 Meridian City Council October 22, 2019 Page 29 of 57 justify that piece, I'm opposed to that particular element. I think it's worth asking the highway district or the state to conduct a study to see if we can find some data behind that and if that is justified, then, I'm incredibly supportive. But I have to echo Council Member Milam's comments with -- with that particular piece I can't be supportive of the ordinance. So, if that's the words going forth, I will be voting in opposition to it and wanted to at least have my explanation on the record. Again, appreciate the work, chief. I know this has been a marathon and, quite frankly, you are the most suited one to run marathons, not -- not me, so I appreciate your endurance on this. I just think that we need to have better data before we kind of ready fire aim on the -- on the -- while a vehicle is not in motion element. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I also echo the sentiments of Councilman Borton. I think that it is time that we get this done. I was on the fence about whether we should be able to use them when we are not moving and I being one that has a tendency to do something at a stoplight really quickly, a call or something, and this morning as I was not on my phone I had the privilege or the opportunity to see the person on my left and on my right both on their phones, all of us stopped at a red light. Well, when the gentleman to -- when the light turned for the turn on my left, he chose to remain on his phone or be oblivious to his light, saw it was yellow and proceeded to go through a red light, so that he could make sure he still got where he was going and had missed his green arrow. The person to my right, then, sat there long enough that when the lights turned green had to be honked at before they got off their phone and got moving. So, this morning my personal experience cleared that up for me and I'm off the fence and prepared to move forward. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To Councilman Cavener's comment on the -- I get it. I do. I think tie goes to keeping it as it is. I think the complete ban is what's appropriate. Folks aren't challenged with trying to toggle back and forth. Law enforcement isn't challenge just trying to articulate whether or not the usage started and stopped when they were stopped. I think we are going to error on the side of being more safe and I think we are going to change some usage patterns and the benefits outweigh the costs to keep it as is. De Weerd: If there is no further discussion, Mr. Clerk. Roll call: Borton, yea; Milam, nay; Cavener, nay; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: And I will break the tie for an aye. I think that this is not a -- this is public safety issue and it's something that our youth council has been passionate about and Meridian City Council Meeting Agenda November 6, 2019 – Page 62 of 610 Meridian City Council October 22, 2019 Page 30 of 57 when they brought the texting while driving law to the legislature and came back to the City Council after the legislature did not act, they asked this Council to -- to stand up for the right thing to -- to do and this Council -- well, not this Council, the Council at the time said I think it's worth implementing. It's an issue in our community and we helped work out some of the concerns that was behind a successful texting while driving. The chief has always said we never went far enough, but he also recognized that it was one step at a time. It's time and -- because we continue to see that the -- the burden of proof on -- on our police -- are they texting, are they looking at GPS, are they looking up a phone number -- it shouldn't matter. It shouldn't be in their hands. So, I appreciate our police officers. I do -- I do appreciate, chief, the leadership you have had on this and I do know to Mr. Bernt's comments, the other cities are watching. They do want a copy of this and I think there -- there is some frustration out there from the people I have talked to and that was reflected in our poll, that now is the right time. So, thank you, chief, for being with us. MOTION CARRIED: THREE AYES. THREE NAYS. MAYOR AYE. Item 9: Action Items F. Public Hearing for Ten Mile Plaza (H-2019-0102) by HustonBugatsch Architects, Located at 3110 W. Quintale Drive. 1. Request: Modified Development Agreement for the purpose of removing the subject property from DA Instrument #101117652 and be placed in a new, separate agreement De Weerd: Okay. Item 10-F is a public hearing for H-2019-0102. I will open this -- how many of you have not been at a public hearing before? Okay. I'm just going to briefly go over kind of our process. First we open up with staff comments. They introduce the application and, then, we ask the applicant if they have additional information. They have up to 15 minutes to present the application. After they have presented we will ask our public if there is public comments and you have three minutes for your testimony. There is a time indicator on the screen at the podium to let you know where you are at in your time allocation. After everyone has provided their public testimony we will ask the applicant to come up and have any final remarks, but if there were any questions raised during the public testimony that would be when they answer those questions. The Council has an opportunity to ask questions throughout the process and certainly I would remind you that there is public testimony and public record that this Council has had an opportunity to review and it is part of the decisions that they make. So, with that I will turn this over to Bill for staff remarks. Parsons: Thank you, Mayor, Members of the Council. I just wanted to let Council and Mayor know that that Item 9-F is -- actually has to be continued this evening, because there was an error with the neighborhood's applicant -- the error -- did not conduct a proper neighborhood meeting and they were required to continue that in order to complete that process, so that we can move forward on their application. So, again, we can't hear Meridian City Council Meeting Agenda November 6, 2019 – Page 63 of 610 Meridian City Council October 22, 2019 Page 31 of 57 this one this evening. There is a procedural issue with it. So, I would ask that Council just continue 9-F until the November 6th hearing, please. De Weerd: Okay. Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Madam Mayor, I move that we continue Item 9-F to November 6th, 2019. Borton: Second. De Weerd: I have a motion and a second to continue 9-F to November 6th. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. G. Public Hearing Continued from October 15, 2019 for Victory Commons MDA (H-2019-0091) by BVA Development, LLC. Located at 130 E . Victory Rd. and 3030 S. Meridian Rd. 1. Request: Modified Development Agreement for the purpose of removing the subject property from DA Instrument # 106155843 and to be placed into a new, separate development agreement. De Weerd: Item 9-G is a public hearing continued from October 15th for H-2019-0091. I will turn this over to staff at this time. Cavener: Madam Mayor? De Weerd: I'm sorry. Mr. Cavener. Cavener: If we can before we turn it over to staff, I just want to be consistent. I -- I mentioned through other public hearings that I have -- I have watched the item online. With this item as well I watched -- I watched it live online from my hotel room. I have had the opportunity to review all the public record. W hile I wasn't here for this last week, I -- I am prepared and ready to vote to the decision before the Council here tonight. Just wanted it to be on the record before we began with staff comments. De Weerd: Thank you. Parsons: Thank you, Mayor, Members of the Council. I, too, also had a chance to read through the record just to get myself up to speed on this, as I wasn't present at the last hearing and our -- one of our team members has left the city, so I'm picking up the pieces Meridian City Council Meeting Agenda November 6, 2019 – Page 64 of 610 Meridian City Council October 22, 2019 Page 32 of 57 and making sure -- taking this project to the end for him. But in looking at the public record it was clear that Council specifically continued this for one item and that was to address the height of the structures. You gave the applicant the opportunity to go back, work with their client and come back with you to share with you what they would be comfortable with adding as a provision to the development agreement. I would also mention to Council that there are a couple outstanding issues that we also need to take under consideration as you hear the height component as well. One of those was there was some discussion around keeping the pond and including that as an amenity. If you recall, the applicant had asked to replace the concept plan, removing the pond element from that, the process -- the project. I believe Councilman Borton wanted to keep that in as an amenity, so it gives this project a sense of identity on that particular -- in this development. And the other issue was the applicant was going to connect with the micro path that was constructed with the Bitter -- I think it was the Bitterbrush Point Subdivision and tie into the pathway system along Meridian Road. So, those are the items that I recall coming up. So, in looking at some of the DA provisions that were before you this evening, Item 10 -- Provision No. 10 and No. 11 address keeping the pond as an amenity. Again, we will see what the applicant wants to do with that particular -- particular item. And, then, if Council wants to add a provision to the DA to limit the height within the development, then, certainly we would ask that you stick to the height in feet and not the number of stories, please. And with that I will stand for any questions. De Weerd: Council, any questions for Bill at this time? Okay. Would the applicant like to comment. Wardle: Madam Mayor, Council Members, Geoff Wardle. I am counsel for the applicant. My address is 251 East Front, Boise. Suite 300 -- 310, actually. I, too, was not here last week and I, too, have reviewed the video and I think we can address this relatively quickly. We provided supplemental information and as I have had further discussions with your staff and with my client, I think we can get to where Council Member Borton was guiding us last week, but, first, let's just remember about this site. In 2002 in your comp plan you designated this location for commercial development. The property was annexed in 2003. Development agreement confirming the C-G, most intensive commercial zone, was adopted in 2004 with the site plan that contemplated kind of a western theme. We fast forward now 15 years and in the interim there was an amendment to the -- to the development agreement in 2006 that modified some of the uses, but every use within the C-G zone was permitted and the issue was one of design, that if you didn't stick with the cowboy theme we had to come back with a conditional use permit. So, recognizing -- recognizing code changes, other concerns, design preferences and the fact that our client has a different vision for it, we have come forward with this. So, of issues that came up last week, flex space is an absolutely permitted use under the C-G zone and under the existing development agreement. Your maximum height in the C-G zone is 65 feet. We don't need 65 feet and we are not going to ask for 65 feet, but recognize that this is a concession the applicant is willing to make, a condition with respect to height. Now, the basis for the amendment to this development agreement is the fact that we are here to modify the site plan and we are here to modify the site plan to address a couple things. The first and most important is the change in access and the discussion that's been had Meridian City Council Meeting Agenda November 6, 2019 – Page 65 of 610 Meridian City Council October 22, 2019 Page 33 of 57 with respect to ITD's approval of a right-in, right-out being relocated farther to the south and getting rid of the existing temporary accesses to the north. Eliminate the western theme design. Eliminate the building size provisions. And to modify the site plan. Now, the third issue, as I understand it from the direction that was given by Council last week, is really the issue of height. We are amenable to a reasonable height limit, but I was concerned by some of the discussion late in the hearing last week about what constitutes a reasonable height limit and I don't want to be too technocratic, but I think Mr. Nary hit it right on the head. We are comfortable with your ordinance, but when we talk about height we have to be absolutely clear, because we don't want to be back here with you guys on another DA modification because of an issue of six inches above grade plane being off. So, what is appropriate? Well, as has been presented, part of the focus here is for a mixture of office, retail, medical, flex space, reconfigured in the site and we -- there was some confusion last week about what the actual elevations are, so we made a supplemental submittal late last week and when we talked about height, height is measured not necessarily to the parapet, not necessarily to the highest elevation, it can be an average, it can be a variety of things. So, to be absolutely clear, the highest parapet on this building is, in fact, 28 feet three inches. The actual roof deck is 21 feet eight inches at the highest and 18 feet at the lowest. So, when we look at this you see that, you know, you have a parapet on the south facade that exceeds the height of the roof by approximately seven feet to provide screening back to the public street and I recognize there was some concern about screening and we will get to that as well, although I believe that your UDC adequately addresses that issue. So, there you have a rear look and you see that the height of the highest elevation of the roof, again, on the flat portion is 21 feet eight inches, but the parapet exceeds that. So, we proposed a supplemental condition, It's Condition 5.1, adding 14 and 15, and 14 being that no building on the property shall have a maximum building height that exceeds 40 feet measured in accordance with UDC 1-5-B1 and, 15, outdoor mechanical equipment shall be installed consistent with UDC 11- 3A-12, which is your screening requirements within your development code. In discussing this -- and Mr. Nary, your -- your esteemed counsel, hit the nail on the head. There is a reason that we don't talk in terms of stories. We have had lots of litigiousness over what constitutes a story. We should talk about height, because your code specifies that structure height shall be measured in accordance with the Meridian City building code as set forth in Title 1, Chapter 1, of this code, which takes you to the International Building Code and under the International Building Code building height -- height, comma, building, is the vertical distance from grade plane to the average height of the highest roof surface. Grade plane is a reference plane representing the average finished ground level adjoining the building exterior walls with certain other considerations. So, our reticence to agree to a height that is exactly equal to whatever the elevation show is multi-fold. We proposed in our supplemental submittal a 40 foot height. We think it's reasonable in the fact that the C-G is a 65 foot height limitation and the R-4 zoning immediately to the east would permit a 35 foot height elevation. We also think it's flexible, because we don't need to revisit it if there is a change in the floor plans, if there is a change in the design of the buildings and also we think that is a condition that's consistent with the UDC, as well as the International Building Code. Now, in visiting further with your staff and visiting further with my client, we are prepared to agree to a 35 foot height limit in this project, which would be identical to the residential height, the height of any house that could be built in Meridian City Council Meeting Agenda November 6, 2019 – Page 66 of 610 Meridian City Council October 22, 2019 Page 34 of 57 the R-4 zone immediately next door. We think that's appropriate. It gives you flexibility to put a multi-story structure there if we need to. It gives us the ability to work within that definition of the International Building Code and your development code, because, again, this is a development agreement application. We are really early in the process. We haven't sought a CZC. We haven't come in with building plans. So, the final grading of the site has yet to be established. The final configuration of some of these has yet to be established. So, what we would propose is that no building on the property shall have a maximum building height that exceeds 35 feet measured in accordance with UDC 11-1- 5B. With that, again, we think it's reasonable, flexible, and consistent. The property is already zoned. I mean we could build -- we could build flex cowboy buildings if we -- if we chose to. We are amenable to these additional conditions and we request approval as recommended and I think as Bill outlined and in further conversation with my client, I mean I think at this point Conditions 10 and 11 regarding the pond are fine. I mean we can retain that for now and recognize, again, there is elements of this project that will come in a future application and we may have to address some circulation on Victory, but we will revisit that at that point, because Council Member Borton's comments last week were well taken about why that was included and the micro path was designed to comply with your codes and standards and requirements and to provide connectivity in that neighborhood as you long envisioned. So, with that I will stand for any questions. De Weerd: Thank you so much. Council, any questions? No? Okay. Wardle: Thank you. De Weerd: Thank you. Mr. Clerk? Johnson: Council, on your desktop is a link to the sign-in dashboard and that will show you everyone that is signed in this evening. You will see there is six signed in. Of them two wish to testify. One was the applicant and the only other sign-in wishing to testify is Randy Lasher. De Weerd: Welcome back. If you will, please, state your name and address for the record. Lasher: I will. Randy Lasher. Address 267 East Observation Drive, Meridian, Idaho. 83642. And good evening, Madam Mayor, Council Members. Last week was my first time actually addressing a city council group, so probably made more than my share of mistakes somewhere along that way. I hope I didn't personally offend anybody on the Council. If I did please raise your hand. No? Are we good now? Milam: I wasn't here last week. De Weerd: She wasn't here. Lasher: Very good. Well, I think -- I appreciate the comments from the attorney. I think we are still wanting to know -- and that's really all this is, is just fact finding -- is what -- Meridian City Council Meeting Agenda November 6, 2019 – Page 67 of 610 Meridian City Council October 22, 2019 Page 35 of 57 what's the finished grade going to be. If a lot of dirt gets brought, the whole height issue gets revisited. So, as much as they are willing to concede to 35 feet, we haven't talked as a neighborhood how that would -- how that would go, but we are back to finished grade. Where will that finished grade began and how high -- if we know 35 feet is the number, how far down are they going in adding the soil. So, I think -- I think we need to probably determine that somewhere along the way, because it could have a complete different perspective on how high that building is going to sit. The other thing I would like to say is when you buy a new home, the broker is really good at pushing disclosures in front of you. If you are -- if you are going to buy a home in an airport traffic zone approach they usually tell you that. If you are buying a home in a flood zone -- legally I think are bound to tell you that. I personally, speaking for myself and my wife, would have liked to have known through some kind of disclosure that that property behind our home had the ability to build a 63 foot high building. I can assure you we probably wouldn't have bought that property and I don't know how many of my neighbors would have felt the same way. So, when the developers say 63 feet, they have the ability to go 63 feet, it sure would have been nice to have known that when we purchased our home. That's all I have. Any questions? De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I think, Randy, it's a great question. You are not probably going to get a detailed mathematical answer on the finished grade, but it very well could be the same finished grade at 35 feet as it would be at 65 feet. Point being that -- that this entire process has done nothing but lower the potential mass that would have been behind your building, but there is not -- there is not an answer that you get at this stage that would tell you that finished grade is this particular level now as -- as their counsel described. It's just not there yet. But the one certainty you do have, if this were to go forward, is you have reduced -- or they have reduced by almost half what otherwise could have been put there and that's about -- that's the only certainty that I think is available, which is a lot, but it doesn't answer the grade question. Lasher: Yeah. Good point. Thank you. De Weerd: And, Mr. Lasher, I know it's -- it's probably a question that many of our residents have. We do have a Comprehensive Plan that shows what the land uses can be. We do have an active map on our website that -- that shows what's been approved and what would be allowed there, but, really, real estate agents generally tell people what will be in your backyard. I had to learn the hard way as well with what was allowed in my backyard. Didn't know about a comprehensive plan. We have tried to make tools more interactive, so people can use it. But your question on it would have been nice to know what was allowed in your backyard, we have that out there, but, generally, the real estate Meridian City Council Meeting Agenda November 6, 2019 – Page 68 of 610 Meridian City Council October 22, 2019 Page 36 of 57 agents are there to answer those questions if they are asked and they, then, know where they can go to find out what is allowed. Lasher: Okay. And with all due respect, Madam Mayor, having been a real estate agent, we are not allowed to speculate, we are not allowed to disclose anything around property that we are not a hundred percent sure was actually going to happen. De Weerd: I -- I think the timing, though, is this was approved when that area was developed, so you could have known. Lasher: Well, I -- yeah. De Weerd: I'm not going to get into a debate. Lasher: I understand. De Weerd: I would hope that our -- our real estate agents would -- would answer that question as truthfully as they can and, if not, you can -- you can always call the city and we will tell you -- maybe not what has been approved, because it may be still in the county, but what would be allowed to be considered and where to look to see when that comes in for approval. Lasher: It would be a nice service if the city provided it at time of purchase that kind of information. De Weerd: It -- it is available through -- I believe that everything that we submit to the county is available out there. Lasher: Right. If we -- if we go proactively seek it out. I agree. De Weerd: So, I guess I'm going to go down a rabbit hole. Are you asking the city at every home closure to tell people what is allowed behind their house? Lasher: No, Madam Mayor. What I'm -- De Weerd: All right. Lasher: -- what I'm suggesting -- De Weerd: Because we can't. Lasher: What I'm suggesting is anytime a homeowner -- especially someone who is new to the community, moved in from out of state, that whatever conditions exist around a community, whether it's flood zone or there is traffic around your home, it would also be nice to know what does -- what the zoning and what the building height limitations are that could affect the back of your home. That's all I'm suggesting. That's all I'm saying. Meridian City Council Meeting Agenda November 6, 2019 – Page 69 of 610 Meridian City Council October 22, 2019 Page 37 of 57 De Weerd: Okay. And we do have all that information available. Mr. Cavener, did you have a comment? Cavener: Madam Mayor. Maybe a comment. Just -- Mr. Lasher, you answered I think my question, what it is that you would be looking for and I hear exactly think what you are saying. I appreciate the suggestion. I -- for Council, I don't know of a mechanism that we could use to provide that, but I think I will just commit that's something I'm open to -- to looking at. I don't know how we can get that to the county or to the state to get that provided. I do know -- and I'm sure you know this, when it comes to closure day there is a whole lot of paperwork that gets put in front of us and I'm not quite sure if I would be sold that every person -- that's when they would finally learn what's going to be built next to them. I don't know what the state or county allows us to provide that, but I'm open to at least asking the question and finding out. So, I appreciate the -- Lasher: Thank you. Appreciate it. De Weerd: Thank you. The only one that signed up? This is a public hearing. Is there anyone who wishes to provide testimony? Okay. Mr. Wardle, any final remarks? Wardle: Madam Mayor, Council Members, Geoff Wardle. My address 251 East Front, Suite 310. No further comments. I think you understand the proposed conditions that we have laid out for you tonight. We are amenable to a 35 foot height limit and while we understand the concern that has been articulated, I mean the fact of the matter is these residential properties are anywhere from 12 to 15 feet in elevation above this site. There will be some excavation, there will be some work, but this is not a situation where we are going to come in and fill this site and bring it up to -- to their level. I mean it's going to remain largely at the elevation that it currently is and that's why -- that's why when we talk about height -- height is not a static number, it -- it's based on a variety of things and I would -- we -- I think -- last comment. We are in -- we have got to find a better way in this community to address development agreements, because you guys spend way too much time on development agreement modifications and it's something that, you know, I have talked with your staff and I have talked with some of you, because this is a prime example that we are here because a development agreement essentially tied us to an exterior design of a building and I would -- I would strongly recommend that in the future we -- we limit our development agreements to what our impermissible uses, what are limitations that go beyond what we normally find in our code, just so -- so that we don't have to bog your agendas down and neighbors down discussing things that are largely esoteric based upon decisions that were made 15 years ago. So, we would request the modification as recommended by staff with the two proposed conditions that we proposed with an adjustment of that proposed condition to 35 feet in height. De Weerd: You do raise a good point, but I guess, conversely, maybe something shouldn't last 15 years either and should allow the neighbors to -- to weigh in. Maybe there should be an expiration date at some point, so that people do know what is going on. Meridian City Council Meeting Agenda November 6, 2019 – Page 70 of 610 Meridian City Council October 22, 2019 Page 38 of 57 Wardle: You know -- and to that point that, Madam Mayor, I guess the concern is all of us Wardles seem to be in front of you regularly on development agreement modifications that sometime are -- deal with the most minute issues, just because of that use issue and -- and not to provide a lecture, but when Idaho Code 67-6511(a) was adopted for purposes of development agreements, it was designed and done with the intention that if a city needs to allow a zone change, it is conditioned upon certain commitments from a developer. Well, a lot of jurisdictions get too many things in what those conditions are. I mean the conditions really ought to be the -- the things that are going to go on and happen. I guess I disagree a little bit, Madam Mayor, with the suggestion that -- De Weerd: That's all right. Wardle: -- when property gets -- De Weerd: We do not always agree. Wardle: -- when property gets rezoned that, you know, in 15 years we come back and revisit it. There needs to be some assurance that you can move forward and, you know, a lot of these -- a lot of these -- a lot of these approvals, including for this development and the residential development where these neighbors reside, were pre-recession. Our development agreement is 2004. Their subdivision plat was 2008. But many of those homes were not built for five, six, seven years. So, anyway, with that we -- we request approval. It's always a pleasure. De Weerd: Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I had just one question I wanted to clarify, Mr. Wardle. You stated 35 feet a couple times and the slide says 40. Wardle: I know. Nary: I just don't want a disagreement at a later -- Wardle: Correct. We had put in our written submittal late last week 40 feet. After discussing further with staff and my client, we agree 35 feet is appropriate, I just didn't have time to change the slide. Nary: Just wanted to make sure. Thank you. De Weerd: Anything further? Okay. Meridian City Council Meeting Agenda November 6, 2019 – Page 71 of 610 Meridian City Council October 22, 2019 Page 39 of 57 Bongiorno: Madam Mayor, City Council, quick -- quick comment. Mr. Wardle -- and Mr. Wardle also knows, there are repercussions going above 30 feet. Wardle: Correct. Bongiorno: Okay. Wardle: No. There are -- there are code issues and we are sensitive to that. Bongiorno: Okay. Thank you. De Weerd: Thank you. Wardle: Thank you. De Weerd: Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we close the public hearing on Item H 2019-0091. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item G. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Anything like a motion? Borton: Madam Mayor? De Weerd: Thank you. Mr. Borton. Borton: I think this continuance has been helpful for everybody involved. I think understanding what was already entitled on this property I think it's helpful for the neighbors, as difficult as it might be. Things preceded many or all of some of the affected neighbors. But I'm supportive of this application and in particular the -- the resolution with some certainty of this height as presented by the applicant here today with the 35 feet height cap. Again, I'm looking at it as a reduction from what could have been, rather than up from zero. So, I think this application -- modifying this development agreement makes several changes that make this -- this development better than what it was before and more harmonious with the community. So, the fact that the pathway connection will be included, the pond will be retained and improved as an amenity -- I think the access, the Meridian City Council Meeting Agenda November 6, 2019 – Page 72 of 610 Meridian City Council October 22, 2019 Page 40 of 57 right-in, right-out moving a little further south is appropriate under the circumstances and the height again at 35 feet balances the considerations appropriately, so -- if I didn't -- did I move to approve? De Weerd: No. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve H-2019-0091. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Borton: Sure. Madam Mayor? De Weerd: Mr. Borton. Borton: One last little comment. Where is Randy? So, thank you, everyone, for participating and coming out. I think the input was really helpful and, Randy, we can talk offline and Mr. Cavener is spot on about feedback. There is maybe ways we can do a -- almost like a continuing legal ed with realtors and if you're a realtor come on in here and we are going to talk to you about what you could be looking for to help provide better service to your clients. We are not doing the work. Maybe we could help them -- there is -- there is ways we can use this as an opportunity to facilitate better relationships in these transactions in our community. So, spot on for bringing it up. I think we can continue the conversation. So, I just thought it was important to note. De Weerd: It is important to note, because we do talk to the brokers and I don't know how far that goes and -- about a tool that -- I think our planning department is constantly trying to provide better tools to get that information out there. So, it is known and -- and so, yeah, if there is a better way we are always open. So, thank you for bringing that up. Anything further from Council? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. I. Public Hearing for Gem Prep (H-2019-0100) by Erstad Architects, Located at 2750 E. Gala Court Meridian City Council Meeting Agenda November 6, 2019 – Page 73 of 610 Meridian City Council October 22, 2019 Page 41 of 57 1. Request: To vacate an existing 20’ x 20’ water easement located near the northeast corner of Lot 7, Block 2 and the northwest corner of Lot 8, Block 2 of Gramercy Subdivision No. 1. De Weerd: We have already H and so I a is public hearing on H-2019-0100. I will open this public hearing with comments from Bill. Parsons: Thank you, Mayor, Members of the Council. Next item on the agenda is the Gem Prep water and sewer vacation. This -- this easement was created with the recreation of the Gramercy Subdivision No. 1 plat. The applicant is here this evening to vacate a 20 by 20 water and sewer easement, again, created with that subdivision and the primary purpose for the vacation is, one, it's not -- the water service that's -- or the water main that's within that easement isn't needed and so it needs to be abandoned per Public Works specifications and once this is facilitated, then, the applicant will be able to move forward with construction of expansion of the existing school on the site. So, that's really what's driving the vacation this evening. Staff did route this to Public Works for their comments and they are in favor of relinquishing the easement and having that water main abandoned per their standards. Staff is recommending approval and I will stand for any questions you may have. De Weerd: Thank you, Bill. Any questions from Council? Okay. Is the applicant here? Would you like to comment? Okay. Mr. Clerk, any signups? Johnson: My apologies, Madam Mayor. I'm getting there now. Sorry, I clicked the wrong link. I believe the only sign-in is the applicant Katrina. Okay. Yes. De Weerd: Okay. Is there anyone who wishes to provide testimony on this item? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Our scouts are fading. I move we close the public hearing on Item 9-I, H-2019- 0100. Little Roberts: Second. De Weerd: Have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda November 6, 2019 – Page 74 of 610 Meridian City Council October 22, 2019 Page 42 of 57 Cavener: I move we approve Item 9-I, application of H-2019-0100 as presented. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item I. If there is no discussion, Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. J. Public Hearing Continued from October 15, 2019 for Nick Estates Subdivision (H-2019-0086) by LR Geomatics, PLLC , Located at 1180 N. Ten Mile Rd. 1. Request: To combine preliminary/final plat consisting of 4 building lots on 1.4 acres of land in the R -4 zoning district. De Weerd: Item 9-J is a public hearing continued from October 15th for H-2019-0086. I will open this -- I will ask for staff comments at this time. Cavener: Madam Mayor, again, I will just interrupt for -- De Weerd: Mr. Cavener. Cavener: Just to remain consistent, I was absent as this was presented. I had the opportunity to review the record and prepared to render a decision tonight at presented. De Weerd: Thank you. Parsons: Thank you, Mayor, Members of the Council. This is the Nick Estates Subdivision. It's a combined preliminary/final plat before you this evening. The site consists of 1.4 acres of land, currently zoned R-4 and is located at 1180 North Ten Mile Road. The Comprehensive Plan designation for this property is medium density residential, which is -- anticipates densities between three to eight dwelling units to the acre. The existing property is currently developed with a home, which is to be retained on Lot 2, Block 1, which you can see here that fronts on Ten Mile and does have an existing driveway to -- to that roadway, which is an arterial street. The application is requesting a waiver to keep -- retain the existing access to that site and, then, these four additional lots with the plat will take access from a common driveway. Both staff and ACHD shared with the Commission that we did not support the existing access to Ten Mile Road to remain, as this was -- one, our code does prohibit access to remaining on arterial roadways and it was safer for the existing home to take access from the shared Meridian City Council Meeting Agenda November 6, 2019 – Page 75 of 610 Meridian City Council October 22, 2019 Page 43 of 57 driveway that's presented before you this evening. I would also mention to the Council that there is an existing out -- or accessory -- detached accessory dwelling that will be removed as well and you can see that in the landscape plan in the lower right-hand corner. So, the -- as I mentioned to you, the Comprehensive Plan designates this as medium density residential. The plat before you is just below that, below three units to the acre at 2.84 units to the acre. So, the applicant is also requesting a step down in density. Again, staff supports the request for the fact that it's zoned R-4 and those dimensional standards -- the specific dimensional standards in the code requires a minimum of 8,000 square foot lots, so what the applicant has drawn here is -- they are kind of constrained with the land. So, in staff's recommendation it is consistent, we do support the step down just because it is in-fill in nature and there isn't much other there -- there aren't any other design options on the site to get additional density on that to get that up to increase the density on the site consistent with the MDR designation. The Planning and Zoning Commission did recommend approval of this project. Speaking in favor was Aaron Rush, who is the applicant's representative and, then, we also had the owner -- property owner Elizabeth Schranz speaking. No one testified in opposition and no one commented on the application. Aaron Rush did submit written comments to the staff report in agreement primarily with the conditions, but at the Planning and Zoning Commission we did discuss the cross-access with the property to the north at quite -- at some length here, so one of the recommended conditions in the staff report is that they grant cross-access to the property to the north, because they, too -- the single family home with access to Ten Mile, there may be a potential for that to develop with additional units in the future and so -- and consistent with our access policies in the code we wanted to make sure that we provide another option for that property owner to share this driveway and, then, also there was discussions with the addition of a street light that was required from Public Works Department located within one of the common lots along Ten Mile Road. So, key issues -- Commission required the cross-access as required by staff and, then, I know the applicant worked with Public Works to try to determine if they could relocate the streetlight on an existing pole in the area. I'm not sure if that was ever reached or agreed upon. I will let the applicant weigh in on that. But since the Planning and Zoning Commission, the only written testimony or e-mail that I received from the applicant in agreement with the conditions of the staff -- in agreement with the Commission's recommendations -- again, they may still want to have you take under the consideration the access to Ten Mile Road, the requirement for cross-access and, then, the streetlight. With that I will conclude my presentation and stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Okay. Is he applicant here? Thank you for joining us and sticking with us. If you will, please, state your name and address for the record. Rush: Yes, Madam Mayor, Members of the Council, my name is Aaron Rush. A-a-r-o-n. R-u-s-h. I work for LR Geomatics at 2850 Mirmonte Street here in Meridian. De Weerd: Thank you. Meridian City Council Meeting Agenda November 6, 2019 – Page 76 of 610 Meridian City Council October 22, 2019 Page 44 of 57 Rush: Thank you, Bill, for taking over this project. I know that you got left with that, so I appreciate you staying on top of it. We are in agreement generally with all of the conditions that were given to us, with the exception of the couple that Bill mentioned and part of the reason for this is this is a family development, so, again, they did not go as dense as they could have on this project. It's zoned R-4. They probably could have went even denser with a rezone potentially. I don't know if that would have been supported, but they are actually doing a step down in density and they are not doing this to profit from the property in any way, this is a mother and her three sons that are going to occupy these lots. They are doing this with their own money and they are -- again, like I said, they are not looking to profit and so some of the conditions I could understand from a development perspective, like, for instance, the streetlight, you know, again, that's -- that's Public Works and I don't want to get into the -- the whole deal with that. We are going to work with ACHD to try to get that streetlight mounted on an existing overhead cross light, but, again, that's just going to have to go through ACHD and that's something that is an ongoing thing. From the city's perspective the Public Works -- Al Christy wanted them to install a new light with a 12 foot mast arm like you see every 200 feet in front of new development along these arterial streets. Currently this property is to 205 feet wide and there is one at the north end. So, if it was five feet shorter they would not have to do it and, actually, the subdivision that was developed to the south of them that requirement was waived and so I kind of feel like that my client got kind of stuck holding the bag on this and is now having to fund, you know, yet another -- a 6,000 dollar Public Works improvement tacked onto their -- their -- their private development here. The other item which was Public Works -- or, I'm sorry, it was a -- the staff's -- planning staff's comment number eight in regards to the ingress-egress. So, they want, again, this 20 foot access easement to serve the property to the north, so that if that property ever was developed that you could close down the access there and take access through here, sticking with the city's policy on limiting access to these arterial streets and I think that we would probably support that. However, this road is not going to be even a private drive, it's going to be a shared access drive and currently the -- the limit on that is six -- six lots can take access off of a shared driveway and so if they develop that piece to the north with more than two parcels or two lots, then, it would require a change in the nature of the road to either a private street or public road, which I doubt that would happen, but, at any rate, it would definitely cost somebody some money to improve that and make changes to the road and, again, you know, they are not really looking to have traffic come through here and so I don't know -- I mean we know that right now there is no plans for them to develop this piece of property to the north and if they do I think that we would want to condition or some sort of supplemental condition on that requirement that would limit this development to two units if they were going to take access off it, so that it wouldn't change the nature of the -- of the driveway that we are proposing -- the shared driveway. We don't want to change the -- the nature of that and reclassify it to a private road and so -- I don't have a pointer, but -- well, I guess I kind of do. So, this would be where it's -- this would be where it's at right here and so if this is ever developed, then, they would want to close this access, which, actually, I feel like is a good access, because it's in line here. Distancewise it may not meet distance requirements, I don't know, but it's close. But the city would prefer access to come through here and this will be where the -- the new driveway is. But, at any rate, if we could get a condition or supplement the condition to limit that to two Meridian City Council Meeting Agenda November 6, 2019 – Page 77 of 610 Meridian City Council October 22, 2019 Page 45 of 57 lots and for all expenses associated with the design and the construction of that access to be on this party, then, I think we would be fine with that. But I'm not sure how we would go about doing that, Bill. I don't know, does that require like a development agreement or what is -- how do we do that? So we get that in writing. Parsons: Mayor and Council, if I may address the applicant. Essentially, all we are requiring is the easement. When this property to the north comes in and develops further or redevelops or does nothing -- and so if something happens to the property to the north, then, and at that point that owner and this owner will work on those -- negotiate who does what at that time. We are not requiring the applicant to construct a driveway at this point, we are just asking them to grant the easement. Because it may change. It may happen. It may not happen. We don't know if this property will redevelop. What we don't want to do is just be blind on the issue and, then, all of a sudden next week he comes in and they want to tear it down and do a four plex on there and now we are -- we are -- our hands are tied and we have to allow them to have access to Ten Mile Road, so -- or at least we have to -- the reason why we brought it up in the staff report is if anyone comes into develop this piece we are going to tell them you have access to the common driveway. Code restricts up to six units off a common driveway. You are only allowed to do two units on this property maximum, to be consistent with that access to the common driveway. So, again, those are things that will be worked out down the road. We are not asking you to construct anything, all we are saying is grant the easement, so in the event that northern property wants another unit on the back half, they can have rights to that and not impede Ten Mile Road, which is a major -- it's basically -- it's a corridor through our community -- it's a major corridor, so we want to limit accesses to that roadway. De Weerd: Thank you, Bill. Rush: Madam Mayor, Members of the Council -- and I guess, you know, from our perspective and the applicant's perspective on that would just be that this -- this does place a burden on them to potentially deal with that down the road. It's an encumbrance on the property that will last in perpetuity on this piece of property and I feel like that there isn't a mechanism for them to protect their interest on when or when that is not going to happen. At some point in time they are going to have to enter into negotiations with somebody on who is going to pay for this and how it's going to be done. So, with that I will end my -- my spiel here and turn things over to -- to the owner-applicant if they -- they may want to come up and share a few words. De Weerd: Okay. Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Maybe just a comment to that concern -- and, Bill, correct me if I'm wrong, but if -- if you provide the easement as part of this application to the north and that's the extent of the obligation, you still hold all the cards if at some point in the future the property to Meridian City Council Meeting Agenda November 6, 2019 – Page 78 of 610 Meridian City Council October 22, 2019 Page 46 of 57 the north develops and as a condition of its development needs -- because of its size it needs to take access to the south, that applicant would come to this property and there is an easement, but nothing would prevent you from saying you can -- you got access, you can build the whole thing. You don't need the road. If the property of the north needs a road, then, they can build the whole road. You are just providing them the ability to cross your parcel. So, I don't know if you're necessarily losing leverage at that future date, if that at least softens the blow at least on -- Rush: I guess -- I know that there will be some challenges with putting the driveway there. There is an irrigation line that crosses there, so there will be some logistics, you know, as far as working out a license agreement with the irrigation district, making sure the pipe isn't too shallow in order to be able to support a road. So, there will be some design components with that and, you know, I would -- I would hate for my client to be forced into having to deal with that. But if there was a way that we could just ensure that that not be the case, then, I think we would be more comfortable with it. But I understand your perspective. You know, I think it just comes down to a matter of interpretation on what does the easement mean, you know, and maybe I can -- you know, the way that I reserve that easement on the plat -- I can get kind of crafty with the language on that and what that easement actually means and what it doesn't mean and so we will look at that when we -- when the time comes to -- to address it on the -- on the plat itself, because right now it's not addressed. De Weerd: Okay. Any other questions? Okay. Thank you. Parsons: Madam Mayor, Members of the Council, if I could just assist the applicant on -- on how we can address that. My recommendation is I wouldn't graphically depicted it on the plat. So many times what happens is as we create easements with plats we come back before you to undo easements and we don't want to do that in this case. He has the ability to record a separate document outside of the platting process, include a note on the plat that references an instrument number -- an instrument number that they can control how that's -- that's got it. In that -- to me in that cross-access agreement you can say only single family homes can access or you have the right to this easement and they can work those details out as they record that and don't put a -- leave a blanket easement with a plat note. I would, again, advise him certainly that's something that we talked about at the P&Z Commission that he can certainly work with staff and we can run that up the flag pole with our city attorney's office when he's ready to prepare a draft agreement and we could share that language, make sure we are on solid ground and move forward with that. But certainly it is a private agreement. We don't try to get involved. All we say is dedicate -- or at least provide the easement. Again, the gentleman there may not ever do anything with it and may -- or may never be -- go into effect. So, certainly, we have seen it where there is sunset clauses, we have seen it where people have eliminated the uses on that, that no more than two single family homes can take access or right to that easement. Again, we can leave -- we can be flexible with the applicant. What we don't want to do is create additional accesses to the Ten Mile Road, because we know Ten Mile is getting busier and busier every month, every year, and having something at least in Meridian City Council Meeting Agenda November 6, 2019 – Page 79 of 610 Meridian City Council October 22, 2019 Page 47 of 57 place to look at now or -- and just thinking about long term viability of the property to the north, it's the right thing to do at this point. De Weerd: Thank you. Any other questions at this point? Mr. Clerk, any other sign-ups? Johnson: Madam Mayor, there is one sign-up. Nick Shearer. Okay. Good evening. Shearer: Hi. I'm Nick Shearer. I'm the co-owner on this property with my mother and my -- also my brothers on this. De Weerd: Thank you for being here. Shearer: No problem. I was just wondering what you guys would want from us to speed up this process. What else we can do? Anything comes to mind? Hopefully, the -- it's very simple. The easement we are working on to the north and -- De Weerd: No. You are in front of us and -- and Council should take action and so, then, you can move forward. Shearer: All right. De Weerd: Thank you. We always love someone to come up and say how can I help. Shearer: Yeah. Whatever you need -- De Weerd: Or how can we help. Shearer: Thank you for your time. De Weerd: Council, any questions? Thank you. Radek: Madam Mayor, just regarding the streetlight, the gentleman said if we can make it faster I think that's probably a good segue for me to say -- the fastest way to -- to meet our -- our requests would be to build a separate streetlight. I'm looking at the conversations that Warren Stewart and Al Christy have had with the applicant regarding the streetlight requirements, which are pretty clear in the design standards and whether a light placed on the ACHD pole for the pedestrian signal would work. Their preference is clearly to do a separate light. It would take some sort of agreement with ACHD. It would take some assurance that the whole foundation that was done for the pedestrian signal would be adequate for a light and it would take a separate electrical service. So, both because it's what -- a transportation utility corridor and the -- and the city engineer had requested and because it's a lot simpler, we are recommending that the applicant put in the standard light as requested. De Weerd: Kyle, I think there was mention that someone was not required to put in a light. Meridian City Council Meeting Agenda November 6, 2019 – Page 80 of 610 Meridian City Council October 22, 2019 Page 48 of 57 Radek: Madam Mayor, I did hear the applicant say that and I'm not aware of that. I haven't -- I have been briefed on this by Al and by Warren. Didn't hear anybody say that anybody -- requirement was waived. The text I see here it says that dozens of people -- dozens of applicants have had to do this similar -- in a similar fashion than this applicant. I did look at the subdivision to the south and noted that the -- that subdivision to the south was put in in 1999 when we didn't have this design standard, so maybe that's the case, but I didn't -- I don't know of any -- any development where this requirement has been waived as of late. De Weerd: Thank you. Is there other testimony? Aaron, is there any final comments you would like to make? Okay. Council, seeing no further testimony or comment, what would you like to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One more question for Kyle. Is this the type of streetlight that might be analogous to some of the streetlights that we fund and put in in just our regular streetlight program? Radek: Madam Mayor, Councilman Borton, I don't know the answer to that. I know that we do some special projects that are safe routes to school projects and this project -- or this location happens to be on the school route. W hether it's analogous or not and I'm not quite sure what that question means, but it's a similar streetlight. Borton: I'm just -- Madam Mayor, the reason it prompted the question, it's a small in-fill type lot and -- not this one. These seem to be the opportunities where if we have a streetlight program where we participate in fill-in challenged areas or incentivize development of challenged areas, trying to come up with some way we can provide assistance. We don't see this kind of stuff, so it's not I don't think creating a precedent, but if unique circumstances exists, you got a really small lot, which makes the expense proportionally big, can our own program be utilized or modified to help in those situations. We are talking one light. Radek: Well, Madam Mayor, Councilman Borton, I guess the only response I can -- I can come up with for that is -- is Al Christy's words. I do not see how your client's property is different than any other subdivision. Borton: Good answer. De Weerd: There is -- there is no doubt that there is a light needed out there. There was a horrific accident in -- in -- in that area and it isn't well lit, but -- so lighting is needed. Okay. Borton: Madam Mayor? Meridian City Council Meeting Agenda November 6, 2019 – Page 81 of 610 Meridian City Council October 22, 2019 Page 49 of 57 De Weerd: Mr. Borton. Borton: Move we close the public hearing on item 9-J. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-J. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: If you are waiting for me to ask if anyone would like to make a motion on this, I just did. I can't. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, I posed the question. It didn't get a lot of dialogue. I don't know if there is even any interest in the -- in the idea of not waiving the light requirement because it's not necessary, but trying to solve the -- that problem a different way utilizing our existing program in these really small unique kind of in-filly sort of situations. If that's a terrible idea that opens the door, speak now, because I'm missing it. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I don't think it's a terrible idea. I mean the fact of the matter is lighting is needed there. If we were to deny this project the lighting needs would still be there. If the applicant is unable to do the lighting -- and I agree, I don't think it makes sense at this particular spot on -- adjacent to this particular application. I just don't know the mechanism for us to say as part of our light program, because this is a small in-fill and a challenging area, along the school route, let's put a light there as part of our streetlight program. I just don't know the mechanism to do that. I was hoping that some of the smarter members of Council would figure it out and agree. Radek: Madam Mayor, I'm just -- I'm just coming up with an idea here. I guess there is lots of places around the city that are -- have deficient lighting, lots of them, and we have got only a couple tools in the drawer and I think the most important one is the requirement of development tool. We get far less money to fix the deficient lighting every year than we have deficient lighting areas. So, if we were to rely on our funds only, the way we are funded now, to fix everyone we find, we won't fix them. De Weerd: So, your tools are as areas redevelop or as Council funds, the recommendations in the priority area -- or order. Meridian City Council Meeting Agenda November 6, 2019 – Page 82 of 610 Meridian City Council October 22, 2019 Page 50 of 57 Radek: Madam Mayor, I believe that's correct. It's -- it's either -- either making these improvements when development happens or making them according to that program. Borton: Anybody else? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: It certainly makes sense. I mean there has to be some way that we can help these guys, so -- De Weerd: So, as Mr. Borton said, if there is concern of precedence, what -- what considers when you will say we want to pay for a light and when you wouldn't? Is it two acres and less or is it -- I mean -- I think staff would like to have some kind of sideboards on -- if we are going to set a precedence to start putting in lights as areas redevelop, before the recommendation through a program that was established to identify priority areas to put safety lighting in, we probably should -- or I don't care. I mean I'm gone in two months. But if you don't want to set a precedence, maybe you should discuss why this and not the next application. Borton: Good question. De Weerd: I don't want to sound insensitive, but I do want to make sure that we are not opening it up that we all of a sudden become the lightning funding source for every development that comes in front of us, because we do need lights. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I guess I don't think that we are setting any type of precedent. We fund a light program to serve areas that need additional lighting. If we need -- I feel like every year I say this. If you guys need more money in your budget -- streetlighting is a program I am so supportive of. If you guys need more money, bring that to us. So, if -- if we are not funding it adequately I think that's a conversation that needs to happen at the budget and I'm open to having that like I am every year. Again, if we are setting a precedent I guess we are setting a precedent that we would maybe use our lighting program to build a light on small projects near school zones where there have been accidents. I mean I feel like that we are so overcomplicating this, tonight, folks. I mean to me this seems like such a common sense thing to do and I don't know why we are not able to figure it out. De Weerd: I guess because every decision that is made, then, opens the door to the next one and so if you want to do this -- exactly what you just said, set some sideboards to say it's three acres or less, it's in a route to school, and it's where we have had some horrible accidents -- I am good with. I think that staff could work with those kind of guidelines. But Meridian City Council Meeting Agenda November 6, 2019 – Page 83 of 610 Meridian City Council October 22, 2019 Page 51 of 57 be prepared to fund the next light. I -- we are just saying we have never had this request before where someone says, oh, you don't want to pay for it, well, we will -- government, we will pay for it. Radek: Madam Mayor, I would have to agree with that. Cavener: Every year. Good grief. Radek: I have to agree with that sentiment. There is a lot of smaller lots on arterial roads and how big does a lot have to be? I think we had this conversation for a long time with the carwash on -- on Fairview before deciding to require a streetlight. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I closed the public hearing; right? De Weerd: Uh-huh. Borton: Madam Mayor, I move that we approve H-2019-0086 and to include the cross- access as most articulately described -- the cross-access easement requirement is included. Mr. Parsons described it very well as far as the flexibility that could be afforded to accomplish that goal. And waive the requirement of a light at this location, a singular waiver that won't happen again until we can articulate -- well, if you want to be clear, there is your sideboard. Until we can articulate more clearly some parameters, as narrow and tight as they might be, where that might ever be utilized again. But in this very specific project I think it's appropriate. Cavener: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Borton: And Madam Mayor, I think that the idea of utilizing and maybe focusing some portion of our streetlight program in a way to encourage in-fill in these very narrow challenging circumstances, maybe even more narrow than this application, is a way to use it as a positive tool. So, glass is half full on what it could be. But for now it's a -- it's a one and done with some homework for us. De Weerd: So, which -- which light are you removing? Not the light on the traffic -- the pedestrian one; right? Borton: It's the obligation to put the light in. I think the pedestrian was an option -- De Weerd: Was there two -- two lights? Meridian City Council Meeting Agenda November 6, 2019 – Page 84 of 610 Meridian City Council October 22, 2019 Page 52 of 57 Radek: Madam Mayor, there is an existing pedestrian crossing and they were -- De Weerd: Okay. Radek: -- just being asked to put in -- De Weerd: It's where to put it. Okay. Mr. Clerk, will you call roll. Parsons: Madam Mayor, before we call roll, just clarification on the motion. Please provide clarification on the request for the step down in density and, then, also the access to Ten Mile Road, please. Borton: Madam Mayor, the step down is -- yes. Access to Ten Mile, what -- Parsons: Yeah. Madam Mayor, Members of the Council, the existing home has an access to Ten Mile Road and we want that to be closed and it to take access. So, the existing home on Lot 2, Block 1, needs to take access from the shared driveway as we have a condition -- Borton: Okay. Parsons: Yeah. And they were asking for a waiver of that. Both staff and ACHD didn't support the existing access remaining, so we just want to make sure that either you support staff or grant the access. We will leave it in your court at this point. Borton: Yeah. So, Madam Mayor. Do that. So, that waiver of UDC provision 11-3A-3 accomplishes that goal? The motion includes that, too. De Weerd: Okay. Anything further? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Ordinances C. Ordinance No. 19-1858: An Ordinance (H-2019-0006 – Three Corners Ranch) for Annexation of a Parcel of Land Being a Portion Of The NW ¼ of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the Meridian City Council Meeting Agenda November 6, 2019 – Page 85 of 610 Meridian City Council October 22, 2019 Page 53 of 57 City of Meridian; Establishing And Determining The Land Use Zoning Classification of 31.104 Acres of Land from RUT To R-4 (Medium Low Density Residential) Zoning Districts in the Meridian City Code; Providing that Copies of this Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required by Law; And Providing for a Summary of the Ordinance; And Providing for a Waiver of the Reading Rules; And Providing an Effective Date. De Weerd: Okay. Item 10-C or is ordinance 19-1858. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. This is an ordinance related to H-2019-0006, Three Corners Ranch, for annexation of a parcel of land being a portion of the NW ¼ of Section 29, Township 4 North, Range 1 East, Boise meridian, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian; establishing and determining the land use zoning classification of 31.104 acres of land from RUT to R-4 (Medium Low Density Residential) zoning districts in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Okay. You have heard this read by title. Would you like to hear it read in its entirety? No, you don't want to say that. You could go home. Thank you for joining us. Council? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move we approve Ordinance 19-1858 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve item 10-C. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Meridian City Council Meeting Agenda November 6, 2019 – Page 86 of 610 Meridian City Council October 22, 2019 Page 54 of 57 MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Ordinance No. 19-1859: An Ordinance (H-2019-0058 – Silver Springs Subdivision) For Annexation Of A Parcel Of Land Situated In The North One-Half Of The Northeast Quarter Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 5.19 Acres Of Land From RUT To R-4 (Medium Low Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: Item 10-D is Ordinance 19-1859. Mr. Clerk, will you, please, read this ordinance by title. Johnson: Thank you, Madam Mayor. By title. Thank you, Madam Mayor. An Ordinance related to H-2019-0058, Silver Springs Subdivision, for annexation of a parcel of land situate in the north one-half of the northeast quarter of Section 31, Township 4 North, Range 1 East, Boise meridian, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City Of meridian; establishing and determining the land use zoning classification of 5.19 acres of land from RUT to R-4 (Medium Low Density Residential) zoning district in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Okay. Council? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move that we approve Ordinance 19-1859 with suspension of rules. Borton: Second. Meridian City Council Meeting Agenda November 6, 2019 – Page 87 of 610 Meridian City Council October 22, 2019 Page 55 of 57 De Weerd: I have a motion and a second to approve Ordinance 10-D. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Future Meeting Topics De Weerd: Anything under our last item, 11? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, I hate to bring this up. I wanted to wait until you were done with the ordinance. It is not required by Idaho Code that we post signs within the city regarding hands free phone usage, but some of our Idaho cities have and so you may want to ponder -- not for tonight, but for future discussion, do you want to do that and provide that around the city. Now, again, the cities that do this are like Hailey and Ketchum and that area where they -- they have passed an ordinance like this, but they are much smaller and their entrances and exits are much more limited than Meridian, but I wanted to at least put that out for you to consider. There are, obviously, costs assigned, ACHD will normally put them up for us for no cost, but they will charge us for the signs themselves. So, something to ponder for the future as we want to roll this out as another educational tool. De Weerd: Yeah. I think that the chief mentioned the -- the signs in his first testimony that they were very helpful in letting people know. Bongiorno: Yeah. Madam Mayor, when I went up to see the presentation in Sun Valley, it's the first thing you see when you're coming into town is we are a hands free city. So, very helpful. Nary: I just wanted to raise that for -- for a thought for the future discussion, because, obviously, there would be numerous areas we have to put that or we are going to try to do that and, then, there would, obviously, be a significant cost to it, but -- anyway, I just wanted to raise that while it was still fresh. De Weerd: Okay. Anything further? If not, I would entertain a motion to adjourn. Cavener: You want to make a motion? Meridian City Council Meeting Agenda November 6, 2019 – Page 88 of 610 Meridian City Council October 22, 2019 Page 56 of 57 Bernt: I would love to make a motion that we adjourn I guess. I would like to make a motion right now that we adjourn -- Radek: Excuse me, before you do that -- I'm sorry. I know we are about done, but I just -- I should have asked this at the last, Madam Mayor, Councilman Bernt. I'm sorry, I should have asked this on that last item. Is it your desire as Council, just to follow up, that we put in a streetlight with this project or put in a streetlight as soon as possible at that location? De Weerd: I have no idea what the intent was, so maybe Mr. Borton can answer that question. Borton: Madam Mayor. I think we would look for your recommendation on what options there are -- we couldn't articulate whether we had the authority to direct it to be put in, so we didn't, but understanding there is a need, you could probably come back and say here is what we could do and when. Radek: I guess I will have to pass this to Al and just say a streetlight was -- requirement was waived for the project and ask for some guidance from you guys, because I think he will probably say, well, there is a lot more important places I can put streetlights. De Weerd: Kyle, just have him -- do you have a rating system? Have it go through the rating system and, then, if you could just e-mail Council on -- on what the finding was. Radek: Thanks. De Weerd: Okay. Radek: Yeah. Sorry I didn't bring that up earlier. De Weerd: Mr. Bernt. Bernt: Yeah, so I would like to take this opportunity to adjourn this City Council meeting this evening. De Weerd: Was that a motion? Bernt: Yes. De Weerd: Okay. Bernt: A motion. De Weerd: Do we have a second? Cavener: Second. Meridian City Council Meeting Agenda November 6, 2019 – Page 89 of 610 Meridian City Council October 22, 2019 Page 57 of 57 Borton: Madam Mayor? De Weerd: I had a motion and a second. Do you have discussion, Mr. Borton? Borton: I was going to do a substitute motion, if I could, to adjourn the meeting, in lieu of your motion. Bernt: I second that. I second that motion. Cavener: Call for the question. Let's go home. Borton: Let the record reflect Councilman Bernt is laughing. De Weerd: And what was your substitute motion? Will you, please, repeat that on the record. Borton: To adjourn. Bernt: Second. De Weerd: To adjourn what? Borton: The meeting. De Weerd: Okay. I have a motion and a second to adjourn the meeting. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 0 MAYOZ�AMY DE WEERD DATE APPROVED C�T STATTEST: I J90wCHRIS J H N - CITY L RK NC "A-H,-O�SEa �t SF LjV�E IDAH DIZ IANC -- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 A Item Title: Approve Minutes of October 15, 2019 City Council Work Session Meeting Notes: I�� I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of O ctober 15, 2019 City Council Work S ession C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Meeting Minutes Minutes 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/18/2019 - 3:52 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 6 of 793 Meridian City Council Work Session October 15, 2019 Page 20 of 20 De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (5:41 p.m. to 6:04 p.m.) De Weerd: Okay. Council, I would entertain a motion to come out of Executive Session. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we come out of Executive Session. Little Roberts: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. MOTION CARRIED: FOURAYES. TWOABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we adjourn the work session. Little Roberts: Second. De Weerd: I have a motion and a second to adjourn our work session. All those in favor. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6:04 P.M. (AU CtIDI ON FILE OF THESE PROCEEDINGS) 10 12-2- i 19 MAYOR TAM DATE APPROVED op,ZED AUG ATTES 1 (4, Cityi*-- CHR YN S - 1TY CL IDAHO yo SEAL the �IDIAN*,------ �W,DAH IZ CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Aaenda Item Number: 5 6 Item Title: Approve Minutes of October 15, 2019 City Council Regular Meeting Meeting Notes: Q APPROVED I TEM SHEET C ouncil Agenda I tem - 5.B . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of O ctober 15, 2019 City Council Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Meeting Minutes Cover Memo 10/18/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/18/2019 - 3:53 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 27 of 793 Meridian City Council October 15, 2019 Page 41 of 41 De Weerd: Okay. Borton: Whoever -- if anyone wants to do that. De Weerd: Okay. Well, thank you, Council. This meeting is adjourned. MEETING ADJOURNED AT 7:59 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _10/22 1-9_ MAYOR T -EERD DATE APPROVED -n AUG" ATTEST: CHRIS JH - IT LL '� tilFR or the Zai' �jQ/rE IDIZ IAN,* -- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 C Item Title: Castlecreek Subdivision Sanitary Sewer and Water Main Easement Meeting Notes: rte✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 5.C. Presenter: Estimated Time f or P resentation: 0 Title of I tem - C astlecreek Subdivision S anitary Sewer & Water M ain E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 10/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 10/16/2019 - 4:26 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 69 of 793 ADA COUNTY RECORDER Phil McGrane 2019-104969 BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/24/2019 12:20 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): CASTIECREEK SUBDIVSION Sanitary Sewer & Water Main EasernentNumber: —#1 Identify this Easement by sequential number if Project contains more than one easement of this type. ( See Instructions for additional information), �j VN INV ALM"I V&"VATM WJ- kN t MVA 7M N 01 • UT R K I THIS Easement Agreement, made this Ad ay of 06 -ober, 2019between Northwest Ventures, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the patties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the Sanitary Sewer and Water Main Easement REV. 0513112019 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 7 1 o f 7 9 3 GRANTEE: CITY OF MERIDIAN Tammy orF�vi ' �w yof IDIAN = IDAHO , A y C is o , i y Cl * SEAL the STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on l0 "22-1 (date) by Tammy de Weerd and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively, (stamp) CJAL&'u L/t/atb Notary Signature My Commission Expires: CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 CQ�+IQcreeK Sanitary Sewer and Water Main Easement REV. 0513112019 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 7 3 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 7 4 o f 7 9 3 �i�BIDAH DIZ IANk-- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 D Item Title: Edgehill Subdivision No. 1 Pedestrian Pathway Easement Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.D. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Edgehill S ubdivision No. 1 Pedestrian Pathway E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 10/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 10/16/2019 - 4:32 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 75 of 793 Meridian City Council Meeting Agenda October 22, 2019 – Page 76 of 793 Meridian City Council Meeting Agenda October 22, 2019 – Page 77 of 793 Pi o,jot t &ff (Si►! `i yllgiii! i t✓d�e}atll'Sulbdiyis�u�t Nof t . ADA COUNTY RECORDER Phil McGrane 2019-104974 BOISE IDAHO Pgs=8 VICTORIA BAILEY 10/24/2019 12:27 PM CITY OF MERIDIAN, IDAHO NO FEE ]PEDESTRIAN kATHW"T A:SFML4 NT THIS AGREEMENT; made this 2 "d day of OC+(-ber-, 20 cl between :Clial ::., Dbyelo��r c ,:Hereinafter referred to as "Grantor", and the City of Meridian, an Idaho mu- nicipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish .a public pathway; and WHEREAS; the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway.; and WHEREAS, Grantor shall construetahe pathway improvements upon -the easement described herein; and NOW,. THEREFORE, the parties agree as follows; THE GRANTOR :does hereby ;grant unto the Grantee an :easement on the following property; described ori Exhibit "A and depicted on Exhibit "B" attached :hereto and incorporated herein, THE EASEMENT hereby granted *is for the purpose of providing a public pedestrian pathway easement for .multiple -use non motorized recreation; 'with the free right .of access to such facilities at any and all times. TO HAVE ;AND TO HOLD, said easement unto said Grantee, its successors and assigns forever, THE GRANTOR hereby covenants and agrees that"it will not place or allow to be placed any permanent structures, trees, brush; or perennial shrubs or flowers within, the area described for this easement; which 'Would interfere with the use .of said easement, for the purposes .stated herein.. IT IS'EXPRESSLY UNDERSTOOD AND AGREED; by and between the parties hereto, that the Grantor shall repair and maintainthe' pathway improvements.. THE GRANTOR hereby covenants and agrees With the Grantee that should any part of the easement hereby granted become part of, :or lie Within the boundaries of any public street, Pedestrian Pathway Easement REV. 05/31/19 Meridian City Council Meeting Agenda October 22, 2019 — Page 78 of 793, Meridian City Council Meeting Agenda October 22, 2019 – Page 79 of 793 GRANTEE: CITY OF MERIDIAN STATE OF IDAHO,) . ss. County of Ada ) This record was acknowledged before me on ID -22-19 (date) by Tammy de Weerd and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. m cp&4m (stamp) Notary Signature _ �a CHARLENE WAY My Commission Expires: COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 Pedestrian Pathway Easement REV. 05/31/19 r-te hl I I Meridian City Council Meeting Agenda October 22, 2019 – Page 81 of 793 Meridian City Council Meeting Agenda October 22, 2019 – Page 82 of 793 Meridian City Council Meeting Agenda October 22, 2019 – Page 83 of 793 Meridian City Council Meeting Agenda October 22, 2019 – Page 84 of 793 Meridian City Council Meeting Agenda October 22, 2019 – Page 85 of 793 CjQifEDAH IDFZ IAN? - CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 E Item Title: Pine Avenue 4-Plex Easement Meeting Notes: 9 APPROIED I TEM SHEET C ouncil Agenda I tem - 5.E . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Pine Avenue 4-P lex E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 10/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 10/16/2019 - 4:30 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 86 of 793 Project Name (Subdivision): 1p,lne, f�,Vcnue, 4—olenc Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). ADA COUNTY RECORDER Phil McGrane 2019-104976 BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/24/2019 12:28 PM CITY OF MERIDIAN, IDAHO NO FEE THIS Easement Agreement, made this 22 day ofnCk�2es 201q between AFM Holdings, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main rigbt=ofway across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will, be necessary to maintain and 'Service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the,right-of-way for an ea i sement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, *repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the. said easement and ,right -of --way unto the said Grantee, itis successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shallnot be responsible for. repairing,, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and.agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area. described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 05/31/19 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 8 8 o f 7 9 3 GRANTEE: CITY OF MERIDIAN Tammy de erd, Mayos _ -., .. 7DSO V 2 City u( DIA41` Attst b ris J 1 W y SEAL of the STATE OF IDAHO, SS. County of Ada ) This record was acknowledged before me on (date) by Tammy de Weerd and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 Water Main Easement ? n e- U-1---3L'x- �PW w� Notary Signature My Commission Expires: c� Version 05/31/19 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 9 0 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 9 1 o f 7 9 3 EIDIANDAHO ,! -- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 F Item Title: Sky Mesa Sub No. 2 Sewer Main Easement Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.F. Presenter: Estimated Time f or P resentation: Title of I tem - Sky M esa S ub No. 2 S ewer M ain Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/17/2019 - 3:13 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 92 of 793 Project Name (Subdivision)- Sky Subdivision tSky Mesa Subdivision No. 2 Sanitary Sewer )easement ]Number: 1 Identify Ibis Easement by sequenlial number if Project contains more tban one sanitary sewer easement. ( See Instructions for additional information). ADA COUNTY RECORDER Phil McGrane 2019-107075 BOISE IDAHO Pgs=5 LISA BATT 10/29/2019 02:44 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT THIS Easement Agreement, made this 2-2. day of _C 4- o w , 2019, between Woodside Harris LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter paztcularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary SewerEasetneIn REV. 05/31/19 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 9 4 o f 7 9 3 GRANTEE: CITY OF MERIDIAN Tammy dq W6erd, Mayor STATE OF IDAHO ) ss. County of Ada ) S -AU(3 T 0 , cily of w EE I�+_- IDAHO SEAL the This record was acknowledged before me on 10-2-21-19 (date) by Tanury de Weerd and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 Sanitary Sewer Easement $Kt3 hne=L SCJ Notary Signature V _ My Commission Expires: 3 a F REV. 05/31/19 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 9 6 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 9 7 o f 7 9 3 ��E IDIZ IANC-- �J CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 G Item Title: Temporary Construction Easement with Lynette May Family Trust of 3096 N. Elisha Ave. for the Repair/Replacement of a Sewer Service Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.G. Presenter: L aurelei M cVey Estimated Time f or P resentation: 0 Title of I tem - Temporary Construction E asement with Lynette M ay F amily T rust of 3096 N. Elisha Ave. for the Repair/Replacement of a Sewer Service. T he homeowners have experienced a localized sewer blockage at their home at 3096 N. E lisha Ave. as a result of an issue with their sewer service within the City owned portion of the line. C ouncil Notes: T he signed copy of the construction easement will be delivered to the C lerk’s of f ice no later than noon on 10/18. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 10/16/2019 E asement Cover Memo 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate P ublic Works.Weatherly, A drienne Approved 10/16/2019 - 4:39 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 98 of 793 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 9 9 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 1 0 0 o f 7 9 3 RIGHT OF ENTRY AGREEMENT This RIGHT OF ENTRY AGREEMENT FOR SEWER SERVICE CONSTRUCTION ("Agreement") is made and entered into this 22 day of bC-i+pbPJlr , 2019, by and between the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("Meridian" or "City"), and LYNETTE MAY FAMILY TRUST, the owner of the property at 3096 N Elisha Ave., Meridian, Idaho (hereinafter "Customer") (collectively, "Parties"). WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Customer is the owner of parcel number R4588110770, located at 3096 N Elisha Ave., Meridian, Idaho, in Ada County, Idaho (hereinafter "Subject Property"); WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS, the Subject Property has a sewer service that has a sag originating on or near the Subject Property, through the right of way, to the sewer main installed in N Elisha Dr.; WHEREAS, the City is responsible for the operation and maintenance of the sewer service frpm the tap at the sewer main to the property line; WHEREAS, the City will need to perform an exploratory excavation to determine how best to proceed with repairs. The City may need to repair or construct a new sewer service from the sewer main to a point on the Subject Property where the sewer service can be installed per International Building Code; and, WHEREAS, the City desires to obtain the Customer's permission to enter onto the Subject Property, on a temporary basis, to perform the exploratory excavation and/or construction of a new sewer service or repair of the existing sewer service; NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the Parties agree as follows: AGREEMENT 1. Right of Entry. The Customer hereby grants to the City and its agents, employees and contractors the temporary right to enter onto the Subject Property for the purpose of performing the exploratory excavation and/or construction of a new sewer service, and no other purpose. 2. Term. The term of this Agreement shall automatically terminate sixty (60) days from the date first herein written above unless earlier terminated as provided herein. The term may be extended by written agreement of the Parties. This Agreement is subordinate to all prior or future rights and obligations of the Customer in the Subject Property, except that the Customer shall grant no rights inconsistent with the reasonable exercise by the City of its Page 1 of 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 1 0 2 o f 7 9 3 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. CUSTOMER: -M 0-4 1/ *L�TTE MA FA Y TURST «o04§q JO GM *ggnd AA10N Slkj lW W MNIJ STATE OF IDAHO ia ss: County of ) '/^ I HEREBY CERTIFY that on this � day of before the undersigned, a Notary Public in the State of Idaho, personally appeared LYNETTE MAY FAMILY TRUST, proven to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. , N&W Public for Idaho , Residing at l y-76 I/ g Idaho My Commission Expires: oil /c;J p9% CITY OF M BY: Atte Tamm e eerd, Mayor Aucv\ E ID IDAHO SEAL ?o!!he TKf Page 3 of 3 (�E/�IDIZ IAN*,----- AHO CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 H Item Title: Final Plat for Gander Creek South Subdivision No. 1 (H-2019- 0108) By Trilogy Idaho. Located SW of the intersection of N. McDermott Rd. and W. McMillan Rd. Meeting Notes: Dit APPROVED I TEM SHEET C ouncil Agenda I tem - 5.H. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for Gander Creek South S ubdivision No. 1 (H-2019-0108) by T rilogy Idaho, L ocated S W of the Intersection of N. M c Dermott Rd. and W. M cM illan Rd. C lic k Here for Applic ation Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/18/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/18/2019 - 12:38 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 104 of 793 Page 1 HEARING DATE: 10/22/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0108 Gander Creek South No.1 LOCATION: Generally located southwest of the N. McDermott Rd./W. McMillan Rd. intersection, in the NE ¼ of Section 32, Township 4N., Range 1W. I. PROJECT DESCRIPTION The Applicant proposes a final plat consisting of 76 single-family residential building lots, 1 building lot for a future fire station, and 11 common lots on 25.06 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Trilogy Idaho – 9839 W. Cable Car St., Boise, ID 83706 B. Owner: Union Square, LLC. – 9839 W. Cable Car St., Boise, ID 83706 C. Representative: Kent Brown Planning – 3161 E. Springwood Dr., Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2019-0013) in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots is the same and the amount of common open space area is greater than shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. A total of 1.6 acres (or 12.6%) of common open space is proposed with this phase; amenities consist of a tot lot and pathway to the school. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda October 22, 2019 – Page 105 of 793 Page 2 IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (dated: 5/13/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 106 of 793 Page 3 B. Final Plat (dated: 9/6/19) Meridian City Council Meeting Agenda October 22, 2019 – Page 107 of 793 Page 4 Meridian City Council Meeting Agenda October 22, 2019 – Page 108 of 793 Page 5 C. Landscape Plan (dated: 09/12/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 109 of 793 Page 6 Meridian City Council Meeting Agenda October 22, 2019 – Page 110 of 793 Page 7 Meridian City Council Meeting Agenda October 22, 2019 – Page 111 of 793 Page 8 D. Amenities (Pool House, Playground Equipment & Picnic Shelter) Meridian City Council Meeting Agenda October 22, 2019 – Page 112 of 793 Page 9 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-2019-0013; DA instrument number 2019-060657). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (by June 18, 2021), 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 development shall be limited to thirty (30) building permits until a secondary access for emergency services is completed. 5. The final plat prepared by Bailey Engineering, Inc. by Gregory G. Carter, dated: 9/6/19, included in Section V.B shall be revised as follows: a. Modify Note #6 as follows: “Direct lot access to N. Owyhee Storm Ave. is prohibited except for Lot 2, Block 6.” b. Modify Note #8 to include Lot 1, Block 2 as a common lot. c. Include the recorded instrument number on Note #9. d. Include the recorded instrument number on Note #10. e. Graphically depict the easement for the Nine Mile Creek where it encroaches on this plat. 6. The landscape plan prepared by Jensen Belts Associates, dated 09/12/2019, included in Section V.C, shall be revised as follows: a. Correct the name of the creek depicted on the plat from “Nine” to “Five” Mile Creek. b. Depict vegetative groundcover within Lot 5, Block 1 and Lot 2, Block 2. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. The rear of structures that face N. Owyhee Storm Ave., a collector street, shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. The transfer of Lot 2, Block 6 to the Fire Department for the development of a fire station shall take place with recordation of the subject final plat. A conditional use permit is required for a fire station (i.e. public/quasi-public use) in the R-8 zoning district per UDC Table 11-2A-2; compliance with the associated specific use standards listed in UDC 11-4-3-30, Public or Quasi- Public Use is required. 11. A floodplain development permit is required to be obtained from the Public Work’s Department prior to any and all development within the floodplain. Meridian City Council Meeting Agenda October 22, 2019 – Page 113 of 793 Page 10 12. The Five Mile creek, which lies on land owned by Nampa & Meridian Irrigation District between the north and south portions of this development, shall be protected during construction. 13. All homes constructed shall be generally consistent with the conceptual elevations included with the development agreement (inst. # 2019-060657). 14. The mid-mile collector street (N. Owyhee Storm Ave.) and pedestrian walkway along the street shall be constructed from W. McMillan Rd. to the southern boundary of this development with the earlier part of this phase of development or at the time of substantial completion of the high school as set forth in the Development Agreement. 15. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved by the Planning Division for the pool facility, picnic shelter and associated parking, prior to submittal of an application for a building permit. 16. 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. All streetlights on N. Owyhee Storm Avenue shall be Type 1 metered. 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. The water system as proposed does not have a secondary connection to the City's water distribution system. Water must be connected to another source per comments from Gander Creek North No 1 FP. Most likely connection is to continue 12 inch water at the west side of project to connect to south. Each phase must be modeled at final plat to ensure adequate fire flow. 3. The following items are Flood Plain Development requirements: a. Revise flood study to incorporate proposed conditions including bridge and creek/canal alterations. b. No-Rise certification letter for bridges, culverts and alterations c. Copy of NMID license agreement d. Copy of 404 and stream alteration permits. 4. This development is subject to paying reimbursement fees for The Oaks Lift Station and Press ure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 5. The March 7, 2019 Geo-Tech Report, prepared by SITE Consulting, LLC, submitted with this application highlights several site conditions (including but not limited to soil types, ground water, and construction methods) that will make development of this property and construction of homes somewhat challenging. The developer shall bear the responsibility of ensuring that all the requirements, including compaction of backfill material, foundation drains around homes, and on- site infiltration pits are conveyed to the home builders, and that they are closely adhered to. General Conditions: 6. Sanitary sewer service to this development is available via extension of existing mains adjacent to Meridian City Council Meeting Agenda October 22, 2019 – Page 114 of 793 Page 11 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-1-4B. Meridian City Council Meeting Agenda October 22, 2019 – Page 115 of 793 Page 12 19. 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. 20. 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. 21. 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. 22. 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. 23. 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 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. 24. 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. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. 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. 27. 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. 28. 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. Meridian City Council Meeting Agenda October 22, 2019 – Page 116 of 793 Page 13 29. 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 October 22, 2019 – Page 117 of 793 EIDIAN?- DAHJ CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 I Item Title: Final Plat for Little Creek No. 2 (H-2019-0103) By JUB Engineers. Located at 1440 N. Locust Grove Rd Meeting Notes: c✓i APPROVEP I TEM SHEET C ouncil Agenda I tem - 5.I . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for L ittle Creek No. 2 (H-2019-0103) by J UB E ngineers, L ocated at 1440 N. L ocust Grove Rd. C lic k Here for Applic ation Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 10/17/2019 - 2:51 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 118 of 793 Page 1 HEARING DATE: 10/22/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0103 Little Creek No. 2 LOCATION: East side of N. Locust Grove Rd. on the south side of E. Wilson Lane in the NW ¼ of Section 8, Township 3N, Range 1E. (Parcel No. R7104253850) I. PROJECT DESCRIPTION Final plat consisting of 23 building lots and 3 common lots on 7.66 acres of land in the R-40 zoning district. This is the second and final phase of development of the preliminary plat. II. APPLICANT INFORMATION A. Applicant: JUB Engineers – 250 S. Beechwood Ave., Ste. 201, Boise, ID 83709 B. Owner: Erik Pilegaard, Little Creek Partners, LLC – 2452 Bayview Ave., Carmel, CA 93923 C. Representative: Wendy Shrief, JUB Engineers, Inc. – 250 S. Beechwood Ave., Ste. 201, Boise, ID 83709 III. STAFF ANALYSIS The preliminary plat and conditional use permit for this project was approved in 2016 (H-2016-0076). The preliminary plat consisted of 51 building lots and 3 common lots on 15.85 acres of land in the R- 40 zoning district; a total of 2.89 acres (or 18.27%) common open space was provided. A final plat was approved for the first phase of development in 2017 consisting of 24 building lots and 4 common lots on 8.19 acres of land; 1.16 acres of common open space was proposed (H-2018-0138). The final plat was later modified in 2018 consistent with the conditional use permit modification (A- 2018-0013) to relocate the common area where the clubhouse and swimming pool was planned further STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda October 22, 2019 – Page 119 of 793 Page 2 to the west near the entrance to the development from Locust Grove Rd. which resulted in an increase in building lots from 24 to 28 (H-2018-0136). The proposed final plat for Phase 2 consists of 23 building lots and 3 common lots on 7.66 acres of land. Common open space is proposed in this phase with a clubhouse with a gym and swimming pool and segment of the City’s multi-use pathway system as amenities. Staff has reviewed the proposed final plat (and approved final plat for Phase 1) for substantial compliance with the approved preliminary plat and found there to be the same number of overall building lots and more common area than approved with the preliminary plat between this phase and the first phase. Therefore, staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC11-6B-3C.2. The landscaping within the street buffers was approved with the Certificate of Zoning Compliance application (A-2017-0157, revised on 3/26/18). The City Council previously approved a waiver to UDC 11-3A-6A.3 with the preliminary plat (H- 2016-0076) to allow the Settler’s Canal/Jackson Drain to remain open and not be piped along the southern boundary of the site. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat per the conditions in Exhibit VI. Meridian City Council Meeting Agenda October 22, 2019 – Page 120 of 793 Page 3 V. EXHIBITS A. Approved Preliminary Plat (dated: 8/17/2016) Meridian City Council Meeting Agenda October 22, 2019 – Page 121 of 793 Page 4 B. Site Plan Approved with CUP Modification (A-2018-0013) Meridian City Council Meeting Agenda October 22, 2019 – Page 122 of 793 Page 5 C. Proposed Final Plat (date: 10/10/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 123 of 793 Page 6 Meridian City Council Meeting Agenda October 22, 2019 – Page 124 of 793 Page 7 Meridian City Council Meeting Agenda October 22, 2019 – Page 125 of 793 Page 8 D. Proposed Landscape Plan (date: 10/9/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 126 of 793 Page 9 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-2016-0076, DA Inst. No. 2016-109494; and A-2018-0013). 2. The applicant shall obtain the City Engineer’s signature on the final plat by August 7, 2021, within 2 years of the City Engineer’s signature on the previous phase final plat, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid, or a time extension may be requested. 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 JUB Engineers, Inc., stamped on 10/10/19 by Robert L. Kazarinoff, included in Exhibit V.C shall be revised as follows: a. Note #12: Include recorded ACHD license agreement instrument number. b. Easement Note #5: Include recorded instrument number for existing pathway easement. c. Easement Note #9: Include the recorded instrument number for the existing Meridian sewer and water easement. d. Reference Documents (sheet 4): Include the recorded instrument number for the easements. 5. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat, conditional use permit modification, 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. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda October 22, 2019 – Page 127 of 793 Page 10 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. Meridian City Council Meeting Agenda October 22, 2019 – Page 128 of 793 Page 11 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be 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 October 22, 2019 – Page 129 of 793 �irE IDIAN*,----IZDAHO CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 J Item Title: Amended Findings of Fact, Conclusions of Law for Millbrae Subdivision (H-2019-0066) By WHPacific. Located at 4888 and 4920 W. Cherry Ln. Meeting Notes: IN I TEM SHEET C ouncil Agenda I tem - 5.J . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Amended F indings of F act, C onclusions of L aw for M illbrae Subdivision (H- 2019-0066) by WHP acific, L ocated at 4888 and 4920 W. Cherry Ln. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 10/16/2019 E xhibit A E xhibit 10/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 10/16/2019 - 11:50 A M Meridian City Council Meeting Agenda October 22, 2019 – Page 130 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0066 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 9.84 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Forty-one (41) Single-Family Residential Building Lots and Five (5) Common Lots, by WHPacific, Inc. Case No(s). H-2019-0066 For the City Council Hearing Date of: September 3, 2019 and September 24, 2019 (Approval on September 24, 2019) (Findings on October 8, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 3, 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 October 22, 2019 – Page 131 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0066 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 3, 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 per the provisions in the Staff Report for the hearing date of September 3, 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. A modification to the development agreement may be initiated prior to signature of the Meridian City Council Meeting Agenda October 22, 2019 – Page 132 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0066 - 3 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 3, 2019 Meridian City Council Meeting Agenda October 22, 2019 – Page 133 of 793 By action of the City Council at its regular meeting held on the 22nj day of 0c�-db-e r , 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_ l�� COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED A-yp_ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta m de Weerd egoAUGu& Attest: / Qo�P l� z c•„y or hri o SEA "r o/the TR� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:�Mj/ffluo-22Dated: CityClerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0066 -4- H11 Q bra;e 4- M11lbrae - kmer,6,rc1 EXHIBIT A Page 1 HEARING DATE: 9/3/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0066 Millbrae Subdivision LOCATION: 4888 and 4920 W. Cherry Lane, in the SE ¼ of the SE ¼ of Section 4, Township 3N., Range 1W. I. PROJECT DESCRIPTION Annexation & zoning of 9.84 acres of land with an R-8 zoning district and preliminary plat of 8.79 acres consisting of 41 building lots and 5 common lots. Note: At the July 18, 2019 Planning and Zoning Commission meeting, the Commission instructed the applicant to work with the owner of the neighboring property to the west to determine an appropriate location of the stub street to their property. As a result of those discussions, the stub street has shifted farther to the south (see Exhibit B). The total number of buildable and common lots remains the same as the original submittal. Staff has reviewed the change and deemed it in compliance with Meridian City Code. ACHD has also reviewed the revised plat and approved the relocation of the stub street via email but has not submitted a revised staff report to the City. Because the revised plat was submitted after the P/Z hearing, several conditions of approval must be amended to coincide with the proposed change. Staff’s recommended changes to the conditions of approval are provide in Section VI. below. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda October 22, 2019 – Page 135 of 793 EXHIBIT A Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Ada County Highway District 34 • 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 N. Black Cat Rd. (arterial) Traffic Level of Service Stub Street/Interconnectivity/Cross Access One (1) local street (W. White Birch St.) stubbed to the parcel to the west (parcel No. S1204449100) Existing Road Network Existing Arterial Sidewalks / Buffers No existing sidewalk along N. Black Cat Rd. or W. Cherry Ln. – 10-foot multi-use pathway required along both Proposed Road Improvements Distance to nearest City Park (+ size) Fuller Park: +/- .75 miles Fire Service 28 • Distance to Fire Station ~1.6 miles from Fire Station No. 2 • Fire Response Time 3 minutes (under ideal conditions) • Resource Reliability 81% (does not meet target goal of 85% or greater) • Risk Identification 2=residential with hazards. Current resources would not be adequate to supply service to this proposed project. Risk factors may include the potential for water rescue as there is a pond shown on the plat. Meridian Fire Department does not have a water rescue team and mutual aid from another Description Details Acreage 9.84 Future Land Use Designation LDR (3 or less du/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 Current Zoning RUT Proposed Zoning R-8 Lots (# and type; bldg/common) 46 (41 bldg./5 common) Number of Residential Units (type of units) 41 SFR Density (gross & net) 4.7 du/acre gross; 7.4 du/acre net Open Space (acres, total [%] / buffer / qualified) 1.01 acres, 11.5% qualified open space Amenities Children’s play structure, picnic shelter, multi-use pathway and seating areas Physical Features (waterways, hazards, flood plain, hillside) N/A Neighborhood meeting date; # of attendees: May 6, 2019; 7 attendees History (previous approvals) N/A Meridian City Council Meeting Agenda October 22, 2019 – Page 136 of 793 EXHIBIT A Page 3 Description Details Page department may be needed. Other hazards may be found once the development is completed.) • Accessibility Project meets all required access, road widths and turnarounds. The subdivision will be limited to 30 building lots until the secondary access is completed. • Special/resource needs Project will not require an aerial device. In the event of a hazmat event, there will need to be mutual aid required for the development. In the event of a structure fire an additional truck company will be required. This will require additional time delays as they are not available in the city. • Water Supply 1000 gal./minute for 1 hour required • Other Resources Police Service 31 • Distance to Police Station ~5 miles • Police Response Time 4-5 minutes (+/- 1 minute higher than average response time in Meridian) • Calls for Service Between 4/1/2018-3/31/2019 PD responded to 154 calls for service within a mile of the proposed development. • % of calls for service split by priority See PD comments in Section VIII. D • Accessibility No issues with access to the proposed site. • Specialty/resource needs No additional resources required. • Crimes 28 • Crashes 3 West Ada School District 34 • Distance (elem, ms, hs) Ponderosa Elementary: +/- 1.7 miles Meridian Middle School: +/- 2.6 miles Meridian High School: +/- 2.4 miles • Capacity of Schools Ponderosa Elementary: 650 students Meridian Middle School: 1,250 students Meridian High School: 2,400 students • # of Students Enrolled Chaparral Elementary: 660 students Meridian Middle School: 1,172 students Meridian High School: 1,913 students Wastewater • Distance to Sewer Services 0 Ft. • Sewer Shed North Black Cat Trunkshed • Estimated Project Sewer ERU’s See application • WRRF Declining Balance 13.69 • Project Consistent with WW Master Plan/Facility Plan Yes • Impacts/Concerns Flow Commitment for Parcel has been updated (6,273 gpm total flow; 185 gpd Infiltration flow). Water • Distance to Water Services 0 Ft. • Pressure Zone 1 • Estimated Project Water ERU’s See application • Water Quality Concerns None Meridian City Council Meeting Agenda October 22, 2019 – Page 137 of 793 EXHIBIT A Page 4 Description Details Page • Project Consistent with Water Master Plan Yes • Impacts/Concerns Applicant to extend water main north in Puma Ave to connect with water main in White Birch St (assuming they snapped the water main to the centerline instead of water line in White Birch). Show water in White Birch connect to existing water in Black Cat (currently shows connecting to sewer, again probably just snapping to the wrong line in CAD). C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda October 22, 2019 – Page 138 of 793 EXHIBIT A Page 5 III. APPLICANT INFORMATION A. Applicant/Representative: Jane Suggs, WHPacific, Inc. 2141 W. Airport Way, Suite 104 Boise, ID 83705 B. Owners: Sandy Law 4888 W. Cherry Lane Meridian, ID 83642 Kent and Nancy Bleak 4920 W. Cherry Lane Meridian, ID 83642 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 6/28/2019 8/16/2019 Radius notification mailed to properties within 300 feet 6/25/2019 8/13/2019 Applicant posting 7/8/2019 8/23/2019 Nextdoor posting 6/25/2019 8/13/2019 V. STAFF ANALYSIS The proposed annexation area is contiguous to City annexed property to the north, south, and east and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) Low Density Residential (LDR) – LDR designated areas allow for the development of single- family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three (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 homes at gross densities of 3 to 8 dwelling units per acre. The applicant is proposing 41 building lots and five (5) common lots. The gross density of the proposed development is 4.7 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 4.7 units per acre which is 1.7 units per acre more than allowed in the LDR Meridian City Council Meeting Agenda October 22, 2019 – Page 139 of 793 EXHIBIT A Page 6 designation. Additionally, the soon to be adopted Comprehensive Plan update has modified the area in which the subject site is proposed to be medium density residential. Staff is amenable to the request as it is only a slight increase, is consistent with surrounding subdivisions (Burlingame Subdivision to the north and west was granted the step-up), and is supported by the pending Comprehensive Plan update. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available to be extended by the developer to the proposed lots with development in accord with UDC 11-3A-21. • “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) The applicant proposes to stub a local street to the west for future extension should the property to the west redevelop. • “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Staff finds that the existing single-family residential properties to the northwest, south, and east, as well as the church to the north and Montessori school to the west, are compatible with the proposed single-family residential development. • “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The proposed development includes one (1) access via an arterial street (N. Black Cat Rd.), and provides a stub street to the west for future redevelopment; another possible access to an arterial road (W. Cherry Ln.) is not proposed. • “Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A) The proposed development includes an approximately 28,736 square foot centrally located common area lot with a children’s playground area, picnic area and large open vegetative space for general use. • “Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.” (3.07.02B) The applicant has proposed a public roadway extending throughout the proposed development and stubbed to the west with five-foot attached sidewalks to increase vehicular and pedestrian connectivity within the proposed development and to a potential future development to the west. C. Existing Structures/Site Improvements: There is one (1) existing home on this site that is not going to be removed and is located on proposed Lot 1, Block 2. The structure proposed to remain is required to meet the setbacks of the R-8 zoning district; any additions to the lot will be subject to R-8 zoning district dimensional standards. The applicant has submitted an exhibit depicting the existing home complying with Meridian City Council Meeting Agenda October 22, 2019 – Page 140 of 793 EXHIBIT A Page 7 required R-8 dimensional standards within its proposed lot on the preliminary plat (see exhibit VII.E.) Any remaining structures aside from the home on Lot 1, Block 2 shall be removed prior to signature on the final plat by the City Engineer. D. Proposed Use Analysis: The applicant proposes to construct 41 single-family detached dwellings with one (1) existing home to remain at the northwest portion of the site (Lot 1, Block 2), with five (5) common lots. Single-family detached dwellings are listed as a principally permitted use in the R-8 zoning district per UDC Table 11-2A-2. E. Dimensional Standards (UDC 11-2): This development is subject to the R-8 zoning district dimensional standards in UDC Table 11- 2A-6 (see below). Buildable lots range in size from approximately 4,400 square feet to approximately 9,715 square feet, with an average lot size of 5,542 square feet, in accord with the UDC standard of 4,000 square feet per dwelling unit. F. Access (UDC 11-3A-3, 11-3H-4): One (1) access is proposed via N. Black Cat Rd., an arterial street; a stub street (W. White Birch Dr.) is proposed to the property to the west (parcel # S1204449100) for future extension should redevelopment occur. Meridian City Council Meeting Agenda October 22, 2019 – Page 141 of 793 EXHIBIT A Page 8 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 (1) access is proposed via the arterial street (N. Black Cat Rd.) and local street access is proposed to the property to the west. G. 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. H. Pathways ( UDC 11-3A-8): Two (2) segments of the City’s multi-use pathway system are required adjacent to N. Black Cat Rd. and adjacent to W. Cherry Ln. in accord with the Pathways Master Plan and the Comprehensive Plan (action item #5.03.01A). The current plat and landscape plan shall be modified to include the 10-foot multi-use pathway in lieu of the five-foot detached sidewalk shown. Additionally, a 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the pathway (coordinate details with Kim Warren, Park’s Dept. 208-888-3579). I. Sidewalks (UDC 11-3A-17): Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A five-foot attached sidewalk is proposed along the proposed public roads throughout the subdivision, in accord with UDC standards. A five-foot detached sidewalk is currently proposed along N. Black Cat Rd. and W. Cherry Ln.; the applicant shall revise the plat and landscape plan to depict the City’s ten-foot multi-use pathway in accord with the Pathways Master Plan and Comprehensive Plan. Coordination will also be required with ACHD to ensure the plans approved by ACHD includes the 10-foot wide multi-use pathways as required by the City. J. Landscaping (UDC 11-3B): The applicant has proposed to construct a 25-foot wide landscape buffer adjacent to W. Cherry Lane and N. Black Cat Rd., located outside of the approximately 50-foot right-of-way (ROW) for the expansion of both arterial roadways. There is approximately 5-15 additional feet that shall be improved with grass along N. Black Cat Rd. and W. Cherry Ln., until ACHD purchases it for the widening of each road. The future ROW along N. Black Cat Rd. and W. Cherry Ln. shall be improved with vegetative groundcover with a 10-foot gravel shoulder permitted, per the standards in UDC 11-3B-7C.5. Common open space areas are required to be landscaped in accord with the standards listed in UDC 11-3G-3E as proposed. The current landscape plan depicts stormwater detention within the proposed central open space lot. The applicant shall redesign their stormwater drainage system to allow for more usable open space in compliance with UDC 11-3G-3E. Stormwater swales shall be designed in accord with the standards in UDC 11-3B-11. Prior to the Commission hearing, the applicant should provide a detail of the swales to ensure there is adequate open space for residents to recreate. 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 coordinate with the City Arborist, Elroy Huff, to confirm mitigation requirements. Meridian City Council Meeting Agenda October 22, 2019 – Page 142 of 793 EXHIBIT A Page 9 K. Qualified Open Space (UDC 11-3G): A minimum of 10% (.88 acres) qualified open space is required; a total of 1.01 acres (or approximately 11.5 %) is proposed consisting of an approximately 23,000 square foot centrally located open space, a micropathway connecting north to south, and. an open water pond. The open space exhibit shows the entirety (7,190 square feet) of Lot 5, Block 1 as qualified open space; the lot includes an access pathway that does not qualify as open space. The qualified open space exhibit shall be modified to reflect UDC standards and the applicant shall demonstrate that the minimum 10% is still met. As mentioned in item J above, the applicant should redesign the stormwater swales to allow for more usable open space. L. Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required; the applicant has proposed amenities from each of the three (3) categories (i.e. quality of life, recreation, and pedestrian or bicycle circulation system) as follows: a children’s play structure, segment of the multi-use pathway, and a micropathway. With the final plat application, the applicant shall submit a detail of the children’s play equipment. Staff finds that the emergency access lane located on Lot 8, Block 2 has the potential to be utilized as a micropathway should the design be revised. The access is currently depicted as a 20- foot wide asphalt drive with four-foot solid fencing on either side. The aesthetics of the access would be improved if the lot was landscaped to the standards of a micropathway, UDC 11-3B-12. In addition, this would also allow the applicant to count the lot towards the development’s qualified open space. Lot 8, Block 2 shall be widened to a total width of 30-feet. Five-feet of landscaping shall be added to either side in accord with the pathway landscaping standards of UDC 11-3B-12. The applicant shall also coordinate with the Meridian Fire Department on any specific design requirements. M. Open Water Ponds (11-3G-3B.8) An irrigation pond is proposed on Lot 5, Block 1. Aesthetically designed open water ponds may comprise up to 25% of a required open space area. The proposed pond currently measures at approximately 27% (2,400 square feet of the 8,800 square foot lot) and shall be modified to reflect UDC standards. 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. N. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation (PI) system is required to be provided for each lot within the development. The current proposal depicts the PI pump station within a common lot (Lot 5, Block 1). O. 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. P. 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 perimeter of the subdivision and adjacent to an existing church and subdivision to the north and Montessori school to the west. Four-foot solid vinyl fencing is proposed along the emergency access to W. Cherry Lane and to the common lots in the subdivision, in compliance with UDC standards. Meridian City Council Meeting Agenda October 22, 2019 – Page 143 of 793 EXHIBIT A Page 10 Q. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the future homes within this development. Building materials consist of stucco, hardy plank and board-and-batten siding with some stone accents (see Exhibit VII.F). Because the rear and/or sides of two-story homes will be highly visible from the arterial streets (W. Cherry Ln. and N. Black Cat Rd.), staff recommends articulation is incorporated through changes in two(2) 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 legal description submitted with the annexation application shows the boundaries of the property contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The proposed gross density (4.7 units/acre) of the subdivision is slightly higher that that desired in LDR designated areas; however the applicant’s request for a “step up” in density is consistent with pending Comprehensive Plan FLUM changes and is consistent with existing subdivisions in the area. Common open space and site amenities are centrally located within the development and meet the minimum required standards. For these reasons, staff recommends approval of the proposed “step up” in density and the AZ and PP applications with the requirement of a Development Agreement per the provisions in Section VIII. B. Commission: The Meridian Planning and Zoning Commission heard these items on July 18, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Jane Suggs, applicant’s representative; Michael Pearson b. In opposition: none c. Commenting: William McEwen d. Written testimony: none e. Staff presenting application: Kevin Holmes f. Other Staff commenting: Bill Parsons; Caleb Hood 2. Key issues of public testimony: a. Increase of traffic at intersection of N. Black Cat Rd. and W. Cherry Ln. b. Lack of outreach by developer to property owner directly to the west. Meridian City Council Meeting Agenda October 22, 2019 – Page 144 of 793 EXHIBIT A Page 11 3. Key issues of discussion by Commission: a. Timing of ACHD improvements to nearby roads. b. Concern over requested “step-up” in density from R-4 to R-8. c. Fencing around the open irrigation pond located at the north end of subject property, Lot 5, Block 1. d. How access would function off N. Black Cat Rd. e. Future connection between proposed stub street (W. White Birch St.) to existing stub street in Burlingame Subdivision to the west. f. ACHD and the applicant entering into a cooperative development agreement for the intersection improvements. 4. Commission changes to Staff recommendation: a. Add condition that the applicant works with the neighboring property owner (Mr. McEwen) to the west to discuss the location of the stub street to his property. The applicant shall report to staff the results of the discussion prior to City Council. b. Add condition that the applicant work with staff to include safety measures around the irrigation pond located on the north end of the property, Lot 5, Block 1. 5. Outstanding issues for City Council: a. The Commission directed the applicant to work with the neighbor to the west to discuss the best location of the stub street. These discussions were held and the applicant has submitted a revised plat (Exhibit B) which moved the stub street farther to the south. After reviewing the revised plat staff recommends changes to the conditions of approval as follows: 1. DA provision 1b. and condition of approval No. 5: replace the reference to Block 2 and replace with Block 1; and 2. Modify condition of approval No. 4: The landscape plan included in Section VII.C shall be revised in accord with the plat, dated July 28, 2019, prior to Final Plat submittal as follows: 3. Incorporate revised conditions of approval from ACHD. Meridian City Council Meeting Agenda October 22, 2019 – Page 145 of 793 EXHIBIT A Page 12 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda October 22, 2019 – Page 146 of 793 EXHIBIT A Page 13 Meridian City Council Meeting Agenda October 22, 2019 – Page 147 of 793 EXHIBIT A Page 14 B. Preliminary Plat (dated: 5/21/2019, revised 7/15/2019, revised 7/28/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 148 of 793 EXHIBIT A Page 15 C. Landscape Plan (date: 5/10/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 149 of 793 EXHIBIT A Page 16 Meridian City Council Meeting Agenda October 22, 2019 – Page 150 of 793 EXHIBIT A Page 17 D. Qualified Open Space Exhibit (7/17/2019) No longer included in open space calculations Emergency access revised to meet open space requirements, included in calculations Meridian City Council Meeting Agenda October 22, 2019 – Page 151 of 793 EXHIBIT A Page 18 E. Existing Home Exhibit Meridian City Council Meeting Agenda October 22, 2019 – Page 152 of 793 EXHIBIT A Page 19 F. Building Elevations Meridian City Council Meeting Agenda October 22, 2019 – Page 153 of 793 EXHIBIT A Page 20 Meridian City Council Meeting Agenda October 22, 2019 – Page 154 of 793 EXHIBIT A Page 21 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 building elevations included in Section VII and the provisions contained herein. b. The existing home proposed to be retained on Lot 1, Block 2 shall hook up to City water and sewer service within 60 days of it becoming available as set forth in UDC 9-1-4 and 9-4-8. The street address of this home will change as a result of this development. c. The rear and/or sides of two-story homes on Lot 11, Block 1 and Lots 7, 9-22, Block 2 that are visible from the arterial street (W. Cherry Ln. and N. Black Cat Rd.) are required to incorporate articulation through changes in two (2) 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. 2. The applicant shall work with the neighboring property owner (Mr. McEwen) to the west to discuss the location of the stub street to his property and potential future cross-access. The applicant shall report back to staff the results of the discussion prior to City Council. 3. The preliminary plat included in Section VII.B, is approved as shown. shall be revised as follows: a. Depict the City’s ten-foot multi-use pathway and record a public use easement adjacent to N. Black Cat Rd. and W. Cherry Ln. in accord with the Pathways Master Plan and Comprehensive Plan. b. Lot 8, Block 2 shall be widened to a total width of 30-feet, with five-feet of landscaping on either side of the emergency access in accord with the pathway landscaping standards of UDC 11-3B-12. Meridian City Council Meeting Agenda October 22, 2019 – Page 155 of 793 EXHIBIT A Page 22 4. The landscape plan included in Section VII.C shall be revised prior to Final Plat submittal as follows: a. Modify the proposed pond to comprise a maximum of 25% of Lot 5, Block 1 in accord with UDC 11-3G-38. All ponds with a permanent water level are required to have recirculated water and be maintained such that it does not become a mosquito breeding ground in accord with UDC 11-3G-3B.8. b. Modify the stormwater drainage system to allow for more useable open space in compliance with UDC 11-3G-3E. Stormwater swales shall be designed in accord with the standards in UDC 11-3B-11. Prior to the Commission hearing, the applicant should provide a detail of the swales to ensure there is adequate open space for residents to recreate. c. Depict the City’s ten-foot multi-use pathway and record a public use easement adjacent to N. Black Cat Rd. and W. Cherry Ln. in accord with the Pathways Master Plan and Comprehensive Plan. d. Modify the emergency access to include five-feet of landscaping on either side in accord with UDC 11-3B-12. e. The applicant shall coordinate removal of any existing trees with the City Arborist, Elroy Huff, at 208-888-3579 and include a tree mitigation plan with the final plat application. f. With the submittal of the final plat application, the applicant shall provide a detail of the proposed children’s play structure. g. Add four-foot vinyl fencing and an access gate to restrict access to the open irrigation pond located on Lot 5, Block. 5. Any remaining structures outside of Lot 1, Block 2 should be removed prior to signature on the final plat by the City Engineer. 6. Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-5. 7. 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. 8. Comply with the sidewalk standards as set forth in UDC 11-3A-17. 9. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 10. Construct storm water integration facilities that meet the standards as set forth in UDC 11- 3B-11C. 11. 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. 12. 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. Meridian City Council Meeting Agenda October 22, 2019 – Page 156 of 793 EXHIBIT A Page 23 13. 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. 14. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 15. The project is subject to all current City of Meridian ordinances. 16. 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. 17. The applicant shall have an ongoing obligation to maintain all pathways. 18. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 19. The applicant, property owner, and/or managing body 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. 20. 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. 21. 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. 22. The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 23. 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. 24. 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 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 The street address of the existing home that is to remain will be changed as part of the development process. 1.3 Applicant to extend water north in Puma Ave to connect with water main in White Birch Street (assuming they snapped the water main to the centerline instead of water line in White Birch). Show water in White Birch connect to existing water main in Black Cat (currently shows connecting to sewer, again probably just snapping to the wrong line in Meridian City Council Meeting Agenda October 22, 2019 – Page 157 of 793 EXHIBIT A Page 24 CAD). An 8-inch diameter water main shall also be required through Lot 8, Block 2 to connect the development to the existing water main in W. Cherry Lane. 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 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. Meridian City Council Meeting Agenda October 22, 2019 – Page 158 of 793 EXHIBIT A Page 25 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. 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 Meridian City Council Meeting Agenda October 22, 2019 – Page 159 of 793 EXHIBIT A Page 26 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 October 22, 2019 – Page 160 of 793 EXHIBIT A Page 27 C. FIRE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/173143/Page1.aspx Meridian City Council Meeting Agenda October 22, 2019 – Page 161 of 793 EXHIBIT A Page 28 Meridian City Council Meeting Agenda October 22, 2019 – Page 162 of 793 EXHIBIT A Page 29 Meridian City Council Meeting Agenda October 22, 2019 – Page 163 of 793 EXHIBIT A Page 30 D. POLICE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/173982/Page1.aspx Meridian City Council Meeting Agenda October 22, 2019 – Page 164 of 793 EXHIBIT A Page 31 Meridian City Council Meeting Agenda October 22, 2019 – Page 165 of 793 EXHIBIT A Page 32 E. SETTLERS IRRIGATION DISTRICT http://weblink.meridiancity.org/WebLink8/0/doc/172934/Page1.aspx F. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/WebLink8/0/doc/173963/Page1.aspx Meridian City Council Meeting Agenda October 22, 2019 – Page 166 of 793 EXHIBIT A Page 33 G. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/WebLink8/0/doc/174253/Page1.aspx H. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/WebLink8/0/doc/173131/Page1.aspx I. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/WebLink8/0/doc/174251/Page1.aspx J. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/0/doc/173153/Page1.aspx K. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/WebLink8/0/doc/173894/Page1.aspx Meridian City Council Meeting Agenda October 22, 2019 – Page 167 of 793 EXHIBIT A Page 34 IX. FINDINGS A. Annexation and/or Rezone Findings (UDC 11-5B-3.E) Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex and zone 9.84 acres of land for the development of single- family detached homes at a gross density of 4.7 units per acre. The Commission finds that the proposed map amendment complies with the provisions of the Comprehensive Plan if a “step up” in density is approved by the City Council as requested by the Applicant. (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-8 zoning district 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 map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the developer. Staff recommends that the Commission and 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 any adverse impact upon the delivery of services by any political subdivision providing services within the City. 5. The annexation is in the best of interest of the City. The Commission finds annexing the subject 9.84 acre property is in the best interest of the City if the development complies with the development agreement provisions and conditions of approval in this report. B. Preliminary Plat Findings (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: 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 conformance with the Comprehensive plan if the development complies with the development agreement provisions and conditions of approval in this report. (Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information.) Meridian City Council Meeting Agenda October 22, 2019 – Page 168 of 793 EXHIBIT A Page 35 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services are available and are adequate to serve the proposed development. (See Section VIII.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; Based on comments from public service providers (i.e., Police, Fire, ACHD, etc.) in Section VIII, the Commission finds there is public financial capability of supporting services for the proposed development. (See Section VIII 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 and ITD 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. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that need to be preserved. Meridian City Council Meeting Agenda October 22, 2019 – Page 169 of 793 EIDIAN*,---- DAHO CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 K Item Title: Revised Findings of Fact, Conclusions of Law for Stapleton Subdivision (H-2018-0129) By Stapleton, LLC. Located at the SW Corner of S. Meridian Rd/SH69 and W. Harris St. Meeting Notes: 9 APPRHVFD'� I TEM SHEET C ouncil Agenda I tem - 5.K . Presenter: Estimated Time f or P resentation: Title of I tem - Revised F indings of F act, C onclusions of L aw for S tapleton Subdivision (H- 2018-0129) by S tapleton, L L C, L ocated at the S W corner of S. M eridian Rd./S H 69 and W. Harris St. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 10/16/2019 E xhibit A - Revised E xhibit 10/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/16/2019 - 12:06 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 170 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0129 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 38.15 Acres of Land with an R-15 Zoning District; and Preliminary Plat consisting of (212) Single-Family Residential Building Lots, (1) Multi-Family Building Lot and (22) Common Lots on 35.67 Acres of Land in the R-15 Zoning District for Stapleton Subdivision, by Stapleton, LLC. Case No(s). H-2018-0129 For the City Council Hearing Date of: May 7, 2019 (Findings on May 21, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 7, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 7, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 7, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 7, 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 October 22, 2019 – Page 171 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0129 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 7, 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 per the provisions in the Staff Report for the hearing date of May 7, 2019, attached as Exhibit A. 2. The City Council approved a modification to UDC 11-3H-4B.2 to allow a new access via SH- 69; and vacated the applicant’s request for a Variance due to the Idaho Transportation Department’s approval of the proposed access via SH-69 in accord with UDC 11-3H-3. 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 Meridian City Council Meeting Agenda October 22, 2019 – Page 172 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0129 - 3 - 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 May 7, 2019. Meridian City Council Meeting Agenda October 22, 2019 – Page 173 of 793 By action of the City Council at its regular meeting held on the 2019. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT 92nd dayof Qc;�obp�— VOTED A7 VOTED VOTED VOTED _A, VOTED COUNCIL MEMBER GENESIS MILAM VOTED &v0 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta de Weerd �P,�Ep AUGUSTI Attest:of B IDIAN� >: " is J Clerk �y�� FtiT�� of the TRE�\. Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:"OffiPce Dated:City CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0129 - 4 - Sla-p►e-fan �evisecl EXHIBIT A Page 1 HEARING DATE: May 7, 2019 (Continued from April 2, 2019) TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0129 Stapleton Subdivision LOCATION: 4435 S. Meridian Road I. PROJECT DESCRIPTION NOTE: During the processing of this application, City staff had not receive ITD’s formal recommendation for the access to SH 69 and a variance application was submitted concurrently with the annexation and preliminary plat application. After the project was scheduled for the Commission hearing, the TIS submitted with the application corroborated the need for the access to SH 69 based on the trips generated by the proposed development. Further, the study confirmed the proposed access point would receive ITD approval. Based on this information, it has been determined by City staff that a variance application is no longer warranted however, the decision of the access is the City Council’s discretion in accord with UDC 11-3H-3. Because the variance is not required, staff recommends that the Council acknowledge the vacate the variance from the agenda before acting on this application. Further, the staff report has been updated in a strike-through format removing any references to the variance commentary. A UDC Text Amendment is currently in process to remove the access to highways for the variance section in Chapter 5 to avoid this confusion moving forward. Annexation and zoning of 38.15 acres of land with an R-15 zoning district; Preliminary plat consisting of (212) single-family residential building lots, (1) multi-family building lot and (22) common lots on 35.67 acres of land in the R-15 zoning district; and Variance to UDC 11-3H-4B for access to State Highway 69/S. Meridian Rd. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda October 22, 2019 – Page 175 of 793 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Acreage 35.67 Future Land Use Designation MU-R (Mixed Use – Regional) Existing Land Use Existing home & accessory structures (vacant) Proposed Land Use(s) Residential (SFR & MFR) Current Zoning RUT in Ada County Proposed Zoning R-15 Lots (# and type; bldg/common) 213 building/22 common Phasing plan (# of phases) Yes; 5 phases Number of Residential Units (type of units) 240 units total (96 attached/116 detached SFR, 28 MFR) Density (gross & net) 6.73 gross Open Space (acres, total [%] / buffer / qualified) 5.43 acres (15.2%) Amenities Basketball court, dog park for small dogs, 24’ x 36’ children’s play structure, swings, rock climbing boulders and a climbing dome structure, big wheel track, benches, pedestrian pathways, segment of multi-use pathway system. Physical Features (waterways, hazards, flood plain, hillside) An irrigation ditch runs along the northeast corner of the site, the Carlson Lateral runs along the west boundary of the site, and the Northwest gas pipeline runs along the southwest corner of the site. The topography of this site slopes considerably down on the northeast portion of the site. Neighborhood meeting date; # of attendees: July 18, 2018; 6 attendees January 16, 2019; 3 attendees History (previous approvals) CPA-08-001 (amendment to the Comprehensive Plan FLUM to change the land use designation from MDR to MU-R - approved); AZ-08-005 (a Development Agreement was required as a provision of annexation – the DA was never signed, therefore the annexation approval is null and void); VAR-08-008 (approved 3 access points to SH 69/S. Meridian Rd. – this approval has since expired because the property was never annexed); MDA-11-010 (modification to the DA to extend the time period allow for the agreement to be signed – the DA was never signed and expired) Meridian City Council Meeting Agenda October 22, 2019 – Page 176 of 793 Page 3 Description Details Pa ge Ada County Highway District Staff report (yes/no) Yes (draft) – see Section VII. Requires ACHD Commission Action (yes/no) Yes, for modification to Master Street Map for collector street Fire Service Distance to Fire Station 2.9 miles from Fire Station #1 Fire Response Time 5 minutes under ideal conditions Resource Reliability 63% from Fire Station #1 – does not meet the target goal of 85% or greater Risk Identificatio n 1 (residential) Accessibility signage for addressing needs to be provided for homes accessed by the common driveways on Lots 10 & 61, Block 1; Lots 23 & 29, Block 2; and Lot 28, Block 3 Special/reso urce needs None Water Supply Requires 1,000 gallons per minute for 2 hours Other Resources NA Police Service Distance to Police Station 3.5 miles Police Response Time 3-4 minutes Calls for Service 104 within a mile of the site b etween 1/1/18-12/31/18 Accessibility Harris St. and SH-69; future stub to south Specialty/res ource needs No additional staffing, equipment needs or other resources needed to serve this development Crimes Crashes 12 crashes within a mile of the site – 66% injury related between 1/1/18 and 12/31/18 West Ada School District Distance (elem, ms, hs) Mary McPherson Elementary – 1 mile; Victory Middle School – 1.6 miles; Meridian High School – 4.4 miles Capacity of Schools Mary McPherson Elementary 650; Victory Middle School 1,000; Meridian High School 2,400 # of Students Enrolled Mary McPherson Elementary 525; Victory Middle School 928; Meridian High School 1,913 Meridian City Council Meeting Agenda October 22, 2019 – Page 177 of 793 Page 4 C. Project Area Maps Anticipated school aged children generated by this development 178 Wastewater Distance to Sewer Services 200-feet, Bore under Meridian Road Sewer Shed NA Estimated Project Sewer ERU’s See application information WRRF Declining Balance 13.57 MGD Project Consistent with WW Master Plan/Facility Plan Yes Water Distance to Water Services 0-feet Pressure Zone 5 Estimated Project Water ERU’s See application information Water Quality None Project Consistent with Water Master Plan Yes Impacts/Con cerns Each phase must be modeled as developed to ensure adequate fire flow. If a transportation/pathway connection is built to the west (proposed Graycliff Apartments), a water main connection shall be required under said connection. Future Land Use Map Aerial Map Meridian City Council Meeting Agenda October 22, 2019 – Page 178 of 793 Page 5 III. APPLICANT INFORMATION A. Applicant: Stapleton, LLC – 4824 W. Fairview Ave., Boise, ID 83706 B. Owner: GRHH Amity, LLC – 855 Broad St., Ste. 300, Boise, ID 83702 C. Representative: Laren Bailey, Stapleton, LLC – 4824 W. Fairview Ave., Boise, ID 83706 Zoning Map Planned Development Map Meridian City Council Meeting Agenda October 22, 2019 – Page 179 of 793 Page 6 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 12/28/2018 Radius notification mailed to properties within 300 feet 12/26/2018 Public hearing notice sign posted on site 1/4/2019 Nextdoor posting 12/26/2018 V. STAFF ANALYSIS A. ANNEXATION & ZONING Comprehensive Plan (https://www.meridiancity.org/compplan): The Future Land Use Designation (FLUM) for this site is Mixed Use – Regional (MU-R) – The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. MU-R developments are encouraged to be designed according the MU-R plan depicted in Figure 3-5 below: Transportation: The Master Street Map (MSM) depicts a planned north/south collector street through and along the west boundary of the site from W. Harris St. to W. Amity Rd. (see blue and orange dashed line on map below). Meridian City Council Meeting Agenda October 22, 2019 – Page 180 of 793 Page 7 The collector street designation was placed on this property because of the Comprehensive Plan amendment to the FLUM approved in 2008 which changed the land use designation on this property and the property to the south to MU-R. Because of the intensity of uses (i.e. commercial, office and multi-family residential – see concept plan below) planned with the associated development, there was a need to disperse traffic to the signals at Amity Rd. and Meridian Rd./SH-69 and the future signal at Harris St. and Meridian Rd./SH-69. This street was intended to serve as a backage road for the commercial development along SH-69. However, the property was never annexed and the property was not developed as intended. Meridian City Council Meeting Agenda October 22, 2019 – Page 181 of 793 Page 8 The proposed plat depicts a short segment (400’+/-) of the collector street (N. Lone Pine Way) from W. Harris St. to the intersection of W. Radiant Edge Dr.; and W. Lyra St. from SH-69 and S. Solaris Ave. to the south; a continuous collector street is not proposed through the site therefore, the proposed street network is not consistent with the MSM. However, ACHD is of the opinion the proposal to construct two discontinuous collector streets meets the intent of the MSM and doesn’t preclude the construction of the southern segment in the future. The Applicant is requesting a modification to the MSM to eliminate the continuous collector street through this site to better reflect the proposed land uses. With development applications to the west of this site, a north/south collector street from Harris to Amity is required to be constructed at the half mile in accord with the MSM. Land Use: The proposed land use for this site is a mix of single-family residential attached and detached units (212 units) with a small portion of multi-family 4-plex units (28 units) at an overall gross density of 6.73 units per acre. This land is part of a larger Mixed Use designated area in this vicinity. The MU-R designation stretches along the frontage of SH-69 from W. Harris St. to W. Amity Rd. with MU-C (Mixed Use – Community) to the south across Amity; MU-NR (Mixed Use – Non-Residential) designated land exists to the east across SH-69 and south of Amity (see FLUM below). The Applicant submitted a bubble plan included in Section VII.G that demonstrates how the property owner to the south of this site anticipates that property developing with a mix of uses consisting of office/multi-family residential as a buffer and transition to the single-family residential planned on this site with commercial, office and retail uses further to the south. Meridian City Council Meeting Agenda October 22, 2019 – Page 182 of 793 Page 9 Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) A mix of single-family attached and detached homes and multi-family apartment units are proposed within this development which will provided ownership and rental options for various income groups in this area. “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development will provide housing options in close proximity to future office and commercial uses planned to develop on the adjacent property to the south. “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02L) The proposed development falls within the medium-density category. The site is located in close proximity to a future City park to the west and an existing City Park (Bear Creek) to the north and a segment of the City’s multi-use pathway system to the west and along SH-69, a major access thoroughfare. For this reason, Staff is of the opinion a higher density would be more appropriate in this area; however, the proposed density is higher than the adjacent residential developments to the north and west and although at the low end, it falls within the desired density range of 6 to 40 units per acre in mixed use designated areas. “Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) The MSM depicts a north/south collector roadway across this site providing access between W. Harris St. and W. Amity Rd. and to the future signal at Harris St./SH-69 and the existing signal at Amity/SH-69. The proposed plan depicts a 400+/- foot long segment of a collector street (N. Lone Pine Way) at the entry of the development from Harris St. and a 225+/- foot long segment of a collector street (S. Solaris Ave.) at the south boundary with local streets in between that do not provide a direct connection between Harris and Amity which is not consistent with the MSM. However, because the development plan for this site and the property to the south has changed from that previously proposed which warranted the provision of a collector street in this area and because ACHD has approved the proposed street layout/designations, Staff is amenable to the proposed design without the provision of a full collector street. “Require open space areas within all development.” (6.01.01A) An open space exhibit is included in Section VII.D that appears to comply with the minimum UDC standards although some of the areas (as noted) do not count toward qualified open space per the standards listed in UDC 11-3G-3. “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 the City and urban services can be provided to this development. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) One (1) access is proposed via W. Harris St., a collector street; and one (1) access is proposed via SH-69, a state highway. Access via SH-69 is prohibited per UDC 11-3H-4B; a Meridian City Council Meeting Agenda October 22, 2019 – Page 183 of 793 Page 10 variance is requested for Council approval of the proposed access. Note: Without access via SH-69, a secondary emergency access is required that meets Fire Department requirements (IFC Section D104.3). “Work with ACHD, COMPASS, and VRT on bringing public transportation to and through Meridian.” (3.03.04H) The Applicant contacted VRT to see if a bus stop is needed on this site; VRT stated their long- term plan (ValleyConnect 2.0) does not include any service along S. Meridian Rd./SH-69. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A segment of the City’s multi-use pathway system is proposed at the southwest corner of the site which will assist in providing connectivity with adjacent developments and the future City Park to the west. Pedestrian access connectors are provided internally to the sidewalks along Harris St. and the multi-use pathway along SH-69. One other pedestrian connection is proposed to the west on Lot 26, Block 3 which also serves as the access driveway to a new pressure irrigation pump station and an existing irrigation diversion structure. “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) The Applicant has been working with ITD on the proposed access via SH-69 and with ACHD on the proposed access via W. Harris St. and internal roadways. The UDC (11-3H-4) prohibits new approaches to state highways; a Variance is requested for the proposed access. Staff finds approving the access via SH-69 does not preserve the transportation corridor. “Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D) VRT (ValleyConnect 2.0) does not have any bus service along S. Meridian Rd./SH-69. A 10- foot wide multi-use pathway is required as proposed along SH-69 and across the southwest corner of this site within the Northwest Pipeline easement for pedestrian/bicycle use. In reviewing development applications, the following items will be considered in all Mixed Use areas, per the Comprehensive Plan (pgs. 23-24): (Staff’s analysis in italics) • “Residential densities should be a minimum of six dwellings/acre.” The gross density of the proposed development is 6.73 units per acre which falls at the low end of the 6 to 40 unit per acre range desired in MU-R designated areas but is within the desired range. Higher residential densities are anticipated on the R-40 zoned property to the west. • “Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.” Although the proposed development does include a multi-family component and meets the minimum density desired in mixed use areas, because this site is adjacent to a major transportation corridor (SH-69) and within a mile and a half of a mobility corridor (Lake Hazel Rd.), AND is designated on the FLUM as MU-R in which large employment and retail uses with a regional draw are anticipated, Staff is of the opinion a higher density and/or more multi-family units would be appropriate in this area to support the future commercial/office/employment uses desired in this area. • “A conceptual site plan for the entire mixed-use area should be included in the application.” Meridian City Council Meeting Agenda October 22, 2019 – Page 184 of 793 Page 11 A bubble plan was submitted for the overall MU-R area (see Section VII.G); however, only the northern 36+/- acre portion of that area is included in this application, the remaining 30+/- acres is not a part of this application and therefore future development cannot be held to the plan. Without both properties developing together, staff believes that the projects may not be as well-intregrated as desired by the Comprehensive Plan. • “In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space.” This development does not contain commercial/office buildings. • “The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development.” The proposed plan depicts multi-family 4-plex residential uses as a transitional use between the planned multi-family apartments to the west and the proposed single-family residential units in this development. Common area with landscaping and a multi-use pathway is proposed along the southern boundary providing a transition to planned office/multi-family uses on the adjacent property to the south. • “A mixed-use project should include at least three types of land uses [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case-by-case basis.” The proposed development plan only includes one land use type (i.e. residential); however, three different types of residential units are proposed (i.e. single-family detached/attached and multi-family 4-plex units). The concept plan submitted for the off-site MU-R designated area to the south depicts a mix of land use types as desired (i.e. office, multi-family, commercial, retail). Because the adjacent mixed use designated area to the east does not allow new residential uses, Staff is of the opinion all residential uses on this site is appropriate in order to serve the future commercial/office/employment uses. • “Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments.” This is a relatively small portion of the overall mixed use designated area; none of these types of uses are proposed on this site. However, they may be in the future on the adjacent larger portions of the mixed use area. • “Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count.” The proposed plan does not incorporate public and/or quasi-public spaces and places; the common area proposed in the residential development is owned by the Homeowner’s Association and does not satisfy this requirement. These types of public spaces should be included in the adjacent mixed use designated area when it develops. • “All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians.” The only neighborhood that would be directly accessible to the proposed development is the future multi-family development to the west. A couple of pedestrian connections are proposed but no vehicular connections are proposed. In order to comply with this guideline, a vehicular connection should be provided. • “Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code.” Meridian City Council Meeting Agenda October 22, 2019 – Page 185 of 793 Page 12 The Master Street Map depicts a north/south collector street through and along the west boundary of this site providing access to W. Harris St. and W. Amity Rd. and the traffic signals (planned and existing) at the SH-69 intersections of those streets. The proposed plan does not depict a continuous collector street as planned and therefore is not in compliance with the MSM and UDC 11-6C-3B.1, which requires arterial and collector streets as shown on the Comprehensive Plan to be dedicated to the public in all cases. However, because the development plan has changed for this area, the collector street may not be needed. • “Because of the existing small lots within Old Town, development is not subject to the Mixed-Use standards listed herein.” The proposed development is not within Old Town; therefore, this provision is not applicable. In reviewing development applications, the following items will be considered in MU-R areas, per the Comprehensive Plan (pg. 30): • “Development should comply with the general guidelines for development in all Mixed-Use areas.” See analysis above. • “Residential uses should comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre.” The proposed residential uses on this site comprise approximately 55% of the overall MU-R area at a density of 6.73 units per acre in accord with this guideline. • “Retail commercial uses should comprise a maximum of 50% of the development area.” No retail commercial uses are proposed with this development; however, the remainder of the area to the south consists of approximately 45% of the overall MU-R area and is planned to develop with a mix of commercial, retail, and office uses in accord with this standard. • “There is neither a minimum nor a maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses.” No commercial uses are proposed with this development. Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-15 zoning district and proposed development is generally consistent with the MU-R FLUM designation for this site and is appropriate for this site. The proposed annexation area is contiguous to City annexed property to the north and west and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. B. PRELIMINARY PLAT Boundary of the Plat: The proposed boundary of the plat is not consistent with the existing boundary of the site. The Applicant intends to apply for a property boundary adjustment in the County prior to annexation ordinance approval by City Council if the subject application is approved. Final Meridian City Council Meeting Agenda October 22, 2019 – Page 186 of 793 Page 13 approval of the property boundary adjustment will need to be obtained prior to annexation ordinance approval. Existing Structures/Site Improvements: There is an existing home and accessory structures on this site that is unoccupied. These structures are required to be removed prior to signature on the final plat by the City Engineer. Proposed Use Analysis: The proposed single-family dwellings (attached & detached) are listed as a principal permitted use; and the multi-family development is listed as a conditional use in the R-15 zoning district per UDC Table 11-2A-2. Multi-family developments are subject to the specific use standards listed in UDC 11-4-3-27; compliance with these standards will be evaluated in the future through the conditional use permit process. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 district (see below). The front lot dimension is missing on lots in Block 1 and should be included on a revised plat. Meridian City Council Meeting Agenda October 22, 2019 – Page 187 of 793 Page 14 Phasing Plan: The subdivision is proposed to develop in 5 phases. The 1st phase is dependent upon a Variance being approved by Council for access via SH-69, the second phase will have access via W. Harris St. followed by the 3rd phase at the corner of Harris/SH-69, and 4th phase directly west of phase 1; the 5th phase will be the multi-family development. Because the UDC prohibits access via SH-69, Staff recommends the phasing plan is revised to reflect the first phase of development adjacent to Harris St. for access purposes; if Council approves the requested Variance, the phasing plan does not need to be revised. Per the Applicant’s narrative, the following improvements are proposed with each phase: Phase 1: The SH-69/S. Meridian Rd. roadway improvements, 10-foot wide multi-use pathway and street buffer landscaping along the full length of the project boundary along SH- 69/S. Meridian Rd. Phase 2: The W. Harris St. roadway improvements including curb, gutter and detached sidewalk and street buffer landscaping along the full length of the project boundary along W. Harris St.; and installation of the traffic signal at the W. Harris St./SH-69 intersection. Prior to issuance of any Certificates of Occupancy in each of these phases the associated improvements as proposed by the Appliant should be complete. If Council doesn’t approve the variance for access via SH-69, the Harris St. improvements, including the traffic signal at Harris/SH-69, should be completed with the first phase of development. Access (UDC 11-3A-3, 11-3H-4)/Streets: One full access is proposed via W. Harris St., a collector street; one full access is proposed via SH-69, a state highway (although ITD has only tentatively approved a right-in/right-out/left-in access); and a stub street is proposed to the south for future extension. The access via SH-69 is prohibited per UDC 11-3H-4B; a variance is requested for this access (if the access isn’t approved, it should be removed from the plat and a secondary emergency access provided in accord with IFC requirements). Improvements are required to Harris St. per the ACHD report; and SH-69 per ITD’s letter to the City (see Section VIII). ACHD is requiring bulb-outs to be constructed to reduce traffic speed and enhance pedestrian safety at crossings where internal pathways intersect the street on Radiant Ridge Dr., W. Hydman St. and at the intersection of Springfield Ave. and Broyhill St. Common Driveways (UDC 11-6C-3) All common driveways are required to comply with the standards listed in UDC 11-6C-3D. Several common driveways are proposed that comply with UDC standards. Common driveways should be a maximum of 150’ in length or less, unless otherwise approved by the Fire Dept. 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. Meridian City Council Meeting Agenda October 22, 2019 – Page 188 of 793 Page 15 Parking (UDC 11-3C): Parking for single-family detached/attached and multi-family dwellings is required based on the number of bedrooms per unit. For 2-, 3- or 4-bedroom single-family units, a minimum of 4 spaces are required per unit with at least 2 of those in an enclosed garage, the other spaces may be enclosed or a minimum 10’ x 20’ parking pad. Because of the narrow lots (i.e. 32’+) for detached homes and associated driveways, there is not adequate room for on-street parking in front of those lots for guest parking and in some areas parking is quite a ways away. Where attached homes are proposed, there is room for approximately one space per every 2 lots for on-street parking. On-street parking is also available adjacent to common lots. The Applicant has submitted an exhibit included in Section VII.E that demonstrates available on-street parking for the development which amounts to 109+/- spaces available for guest parking (note: parking on the 27’ wide street section adjacent to Lot 12, Block 2 can only be accommodated on one side per Fire Department standards). For a 1-bedroom multi-family unit, a minimum of 1.5 spaces per unit with an least 1 space in a covered carport or garage; for 2- or 3-bedroom multi-family units, a minimum of 2 spaces per unit are required with at least 1 in a covered carport or garage. For greater number of bedrooms, see UDC Table 11-3C-6 for more information. Pathways (UDC 11-3A-8): Pathways (micro-pathways and multi-use pathways) are required to be constructed in accord with the standards listed in UDC 11-3A-8 with landscaping on either side of the pathway(s) in accord with the standards listed in UDC 11-3B-12C. Several micro-pathways are proposed for pedestrian circulation within the development. A segment of the City’s multi-use pathway is proposed within the Northwest Pipeline corridor across the southwest corner of the site in accord with the Pathways Master Plan; and within the street buffer along SH-69 in accord with UDC 11-3H-4C.3. Landscaping is required to be installed along these pathways as set forth in UDC 11-3B-12C. A public use easement is required for the multi-use pathways; coordinate the details of the easement with Kim Warren, Park’s Department (208-888-3579). Sidewalks (UDC 11-3A-17): Sidewalks are required to be constructed adjacent to public streets as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along all collector and arterial streets; and minimum 5-foot wide attached (or detached) sidewalks are required along local streets as proposed. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11 -3A- 17E. Eight-foot wide parkways are proposed along collector streets and along certain local street sections within the development in accord with UDC standards. Landscaping (UDC 11-3B): Street buffer landscaping is required to be provided within common lots in accord with the standards listed in UDC 11-3B-7C. Per UDC Table 11-2A-7, a 20-foot wide buffer is required adjacent to collector streets; a 35-foot wide buffer is required adjacent to SH-69, an entryway corridor; and no buffer is required along local streets. The landscape plan depicts the gravel symbol within the street buffer along SH-69 and Harris St. where vegetative groundcover is required; the symbol should be changed to grass. Qualified Open Space (UDC 11-3G): A minimum of 10% (3.57 acres) qualified open space is required to be provided within the development per the standards listed in UDC 11-3G-3B. A qualified open space exhibit was Meridian City Council Meeting Agenda October 22, 2019 – Page 189 of 793 Page 16 submitted as shown in Section VII.D that depicts 5.43 acres (or 15.2%) of open space; however, there are several areas counted that Staff finds do not meet the requirements for qualified open space and other space that is marginal (i.e. the landscaped area on Lot 30, Block 4 that is below the dimensions of 50’ x 100’; and the area at the northeast corner of the site where the topography of the land slopes significantly down from the building lots toward the SH-69/Harris intersection and although is accessible by all residents, will not likely provide much of a benefit to homeowners. Staff requests a revised exhibit is submitted excluding certain non-qualified areas as detailed in Section VII.D prior to the Commission hearing to determine accurate qualified open space calculations. Qualified Site Amenities (UDC 11-3G): A minimum of (2) qualified site amenities are required to be provided for this development based on the size of the development (i.e. 35.67 acres). The Applicant proposes a segment of the City’s multi-use pathway system within the Northwest Pipeline corridor at the southwest corner of the site; a multi-use pathway within the street buffer along SH-69; a centrally located half-acre park with children’s play structures consisting of a 24’ x 36’ play structure, swings, climbing dome, rock climbing boulders, basketball court, big wheel track, and seating area with 4’ tall wrought iron fencing with a gated entry surrounding the park for children’s safety; and a dog park for small dogs with seating areas. The proposed amenities comply with and exceed the minimum standards. In order for the dog park to count as a “qualified” site amenity, it needs to comply with the standards listed in UDC 11-3G-3C.1h which require a dog washing station with drain to sanitary sewer system and trash receptacles and bags for dog waste disposal. Waterways (UDC 11-3A-6): The Carlson Lateral runs along the western boundary of this site and has been piped. An irrigation ditch crosses the northeast corner of this site and if open, should be piped in accord with UDC standards. Northwest Gas Pipeline: The Northwest gas pipeline runs across the southwest corner of this site witin a 75-foot wide easement contained in Lot 15, Block 3. All development within this easement should comply with the Williams Pipeline Developer’s Handbook. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. A mix of 6-foot tall solid vinyl privacy fencing and 4-foot tall black iron fence is proposed. The developer is required to construct fencing abutting pathways and common open space lots to distinguish common from private areas. Fences abutting all pathways and common open space lots not entirely visible from a public street are required to be an open vision or semi-private fence up to 6’ in height; or 4’ in height if closed vision fencing is used (an additional 2’ of open vision fencing may be provided at the top section of the fence). In accord with these standards, fencing adjacent to Lot 15, Block 3 should be revised; fencing should be added on Lot 23, Block 1 and at the rear of building lots adjacent to Lot 1, Block 1 on lots adjacent to Solaris Ave. and Lyra St. and Harris St.; and the beginning and end points of the 6’ concrete fence should be clearly delineated. Because this site is adjacent to SH-69, the UDC requires noise abatement to be provided for residential uses in the form of a berm or berm and wall combination a minimum of 10 feet higher than the elevation at the centerline of the state highway parallel to the state highway per the standards listed in UDC 11-3H-4D. A 6-foot tall concrete fence on top of a 4-foot tall berm is proposed; a detail of the berm and wall combination should be submitted with the first phase final plat application that depicts the centerline of SH-69. Meridian City Council Meeting Agenda October 22, 2019 – Page 190 of 793 Page 17 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. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. 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. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations and photos were submitted for the proposed single-family attached and detached units and the multi-family structures as shown in Section VII.F. Building materials for the single-family homes consist of a mix of siding (horizontal and vertical lap siding and board & batten) with stone veneer accents. Building materials for the multi-family structures consist of horizontal and vertical siding with board and batten accents (see Exhibit F in Section VII.) The single-family attached and multi-family structures are required to comply with the design standards in the Architectural Standards Manual; single-family detached structures are exempt from this requirement. Structures adjacent to W. Harris St. and SH-69 are proposed to all be a single-story in height except for those on Lots 60 and 62, Block 1 which will be 2-stories in height. To avoid monotonous wall planes, the rear of structures visible from Harris St. and SH-69 should have varied setbacks. C. VARIANCE The applicant requests a Variance to UDC 11-3H-4B for access via SH-69 at the ¼ mile between Harris St. and Amity Rd. UDC 11-3H-4B.2 prohibits new approaches directly accessing a state highway (i.e. SH-69). Public street connections to the state highway are only allowed at the section line road and at the half mile mark between section line roads. However, requests for variances can be made to City Council for the placement and/or number of access points to state highways as set forth in UDC 11-5B-4B. The purpose of limiting access to state highways are to maintain traffic flow and provide better circulation and safety within the community and for the traveling public; to preserve right-of-way for future highway expansions; and to mitigate noise impacts associated with such roadways for new residential development along state highways. The decision making body may consider and apply modifications to these standards upon specific recommendation of the Idaho Transportation Department, in which case a Variance is not required. If Council/Legal finds ITD has provided such recommendation, the Variance application could be withdrawn by the Applicant and the access request considered by Council without a Variance. The Applicant’s request is for a full access via the state highway; however, ITD has responded that they would only support a right-in/right-out/left-in until such time as a center median is constructed at which time the access would be restricted to right-in/right-out only. Meridian City Council Meeting Agenda October 22, 2019 – Page 191 of 793 Page 18 In order to grant a Variance, Council must make the findings listed below; Staff is unable to make these findings in order to recommend approval of the request (see analysis in Section IX.C). 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; and 3. The variance shall not be detrimental to the public health, safety, and welfare. If Council denies the proposed Variance, the Traffic Impact Study (TIS) will need to be updated to reflect the new trip distribution and volumes; the preliminary plat would need to be revised and reconfigured to remove the access; and a new phasing plan would need to be submitted as the current plan depicts the first phase with access via SH-69. Additionally, Staff recommends the traffic signal at Harris St./SH-69 is installed with the first phase of development to protect public safety if the access via SH-69 isn’t approved. VI. DECISION A. Staff: Staff recommends approval of the proposed Annexation & Zoning and Preliminary Plat as it complies with the mininimum UDC standards with the conditions included in Section VIII.A per the Findings in Section IX; and denial of the proposed Variance request per the Findings in Section IX. B. Commission: The Meridian Planning & Zoning Commission heard these items on January 17 and February 21, 2019. At the public hearing on February 21st, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Deb Nelson; Ronnie Wilks; Debbie Jeske; Dennis Green; Brandon Whallon, Hawkins Companies; Andrew Newland; Randy Nelson; Will Dilmore; Brittany Elliott; Carol Daily. ii. In opposition: None iii. Commenting: None iv. Written testimony: Kimberly Porter, Evan & Analyn Frasure, Sandy & Randy Nelson, Will Dilmore v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Comments from happy homebuyers in other developments by the same Applicant/builder; iii. Need for housing options in the price point offered by this Developer. c. Key Issues of Discussion by Commission: i. Timing for installation of a traffic signal at the Harris St./SH-69 intersection; ii. Previous ITD approved accesses for the site via S. Meridian Rd./SH-69; iii. The proposed variance for access via SH-69; iv. The provision of a local stub street to the property to the west planned for multi- family development as recommended by Staff and required by UDC 11-3A-3 (unless otherwise waived by Council); v. Revisions to the phasing plan if access via SH-69 isn’t approved. Meridian City Council Meeting Agenda October 22, 2019 – Page 192 of 793 Page 19 vi. Fire Department’s requirement for curbs to be painted red in addition to No Parking signs installed where parking is only allowed on one side of the street. d. Commission Change(s) to Staff Recommendation: i. Strike the last sentence of condition #A.1e in Section VIII, which requires the rear of structures visible from Harris St. & SH-69 to have varied setbacks to avoid monotonous wall planes; ii. The Commission directed the Applicant to work with the Fire Dept. on whether or not curbs need to be painted red in addition to No Parking signs being installed where parking is only allowed on one side of the street. The Fire Dept. has changed the requirement to only require No Parking signs and not curb paint (see Section VIII.A.9). e. Outstanding Issue(s) for City Council: i. The Applicant requests a Variance to UDC 11-3H-4B, which prohibits access via SH- 69, to be allowed one (1) access via SH-69 at the ¼ mile. ii. Staff recommends conditions #A.2e and A.3g in Section VIII are amended to require a local street connection (rather than just a vehicular connection) to the future multi- family development/property to the west in accord with UDC 11-3A-3 unless otherwise waived by City Council. (UDC 11-3A-3 states, “All subdivisions must provide local street access to any use that currently takes direct access from an arterial or collector street.”) The Meridian City Council heard these items on May 7, 2019. At the public hearing, the Council approved the subject AZ and PP requests and vacated the VAR request. a. Summary of City Council Public Hearing: i. In favor: Deb Nelson, Givens Pursley; Will Dilmore (also representing others in favor as follows: Dennis Green, Debbie Jeske, Ronnie Winks, and Randy Nelson); Brandon Whallon, Hawkins Companies; ii. In opposition: None iii. Commenting: Denise LaFever iv. Written testimony: None v. Staff presenting application: Sonya Allen 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. Provision of a local street connection to the property to the west; ii. Timing for construction of the traffic signal at the intersection of Harris St. & SH- 69 and associated safety concerns; iii. Anticipated future land uses on the property to the south. d. Key Council Changes to Commission Recommendation i. City Council approved a waiver to UDC 11-3A-3A.3 to not require a local street connection to the property to the west that only has access via a collector street - modify condition #A.2e and #A.3g in Section VIII to only require an emergency vehicular connection to the west; ii. City Council approved a modification to UDC 11-3H-4B.2 and vacated the Variance request due to ITD’s approval of the proposed access via SH-69 in accord with UDC 11-3H-3; iii. Strike the portion of condition #A.1d in Section VIII that requires the traffic signal at W. Harris St./SH-69 to be installed with the second phase of development. Meridian City Council Meeting Agenda October 22, 2019 – Page 193 of 793 Page 20 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda October 22, 2019 – Page 194 of 793 Page 21 Meridian City Council Meeting Agenda October 22, 2019 – Page 195 of 793 Page 22 Meridian City Council Meeting Agenda October 22, 2019 – Page 196 of 793 Page 23 B. Preliminary Plat (date: 1/29/2019) & Phasing Plan 1 2 3 4 5 Meridian City Council Meeting Agenda October 22, 2019 – Page 197 of 793 Page 24 Meridian City Council Meeting Agenda October 22, 2019 – Page 198 of 793 Page 25 C. Landscape Plan (date: 1/29/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 199 of 793 Page 26 Meridian City Council Meeting Agenda October 22, 2019 – Page 200 of 793 Page 27 Meridian City Council Meeting Agenda October 22, 2019 – Page 201 of 793 Page 28 Meridian City Council Meeting Agenda October 22, 2019 – Page 202 of 793 Page 29 D. Qualified Open Space Exhibit (Revised) & Site Amenities Meridian City Council Meeting Agenda October 22, 2019 – Page 203 of 793 Page 30 Meridian City Council Meeting Agenda October 22, 2019 – Page 204 of 793 Page 31 E. On-Street Parking Exhibit Meridian City Council Meeting Agenda October 22, 2019 – Page 205 of 793 Page 32 F. Conceptual Building Elevations (Single-Family Attached/Detached and Multi-Family) Meridian City Council Meeting Agenda October 22, 2019 – Page 206 of 793 Page 33 Meridian City Council Meeting Agenda October 22, 2019 – Page 207 of 793 Page 34 G. Conceptual Development Plan for Off-Site Portion of MU-R Designated Area Meridian City Council Meeting Agenda October 22, 2019 – Page 208 of 793 Page 35 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Prior to annexation ordinance approval, the Applicant shall obtain final approval of a property boundary adjustment in Ada County and submit a copy of the associated recorded Record of Survey that coincides with the boundary of the preliminary plat. 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, phasing plan, landscape plan and building elevations included in Section VII and the provisions contained herein. b. The building lots along the perimeter of the development that are adjacent to W. Harris St. and SH-69/S. Meridian Rd., except for Lots 60 and 62, Block 1, shall be restricted to a single-story in height as proposed by the Developer. c. Prior to issuance of any Certificates of Occupancy within the first phase of development, the SH-69/S. Meridian Rd. roadway improvements, 10-foot wide multi-use pathway and street buffer landscaping shall be constructed along the full length of the project boundary along SH-69/S. Meridian Rd. d. Prior to issuance of any Certificates of Occupancy within the second phase of development, the W. Harris St. roadway improvements including curb, gutter and detached sidewalk and street buffer landscaping along the full length of the project boundary along W. Harris St. shall be constructed; and the traffic signal at W. Harris St./SH-69 shall be installed. e. All single-family attached and multi-family structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwellings prior to submittal of building permit applications. An application for Design Review and Certificate of Zoning Compliance shall be submitted and approved for all multi-family structures prior to submittal of building permit applications. To avoid monotonous wall planes, the rear of structures visible from Harris St. and SH-69 should have varied setbacks. f. Provide an emergency vehicular connection between this site and the planned multi- family development to the west for interconnectivity. g. Site amenities shall be provided within the development per those described in Section VII.D; comparable amenities as determined by Staff may be considered as substitutions. h. All development within the Northwest gas pipeline easement shall comply with the Williams Gas Pipeline Developer’s Handbook. Meridian City Council Meeting Agenda October 22, 2019 – Page 209 of 793 Page 36 i. A Conditional Use Permit is required to be submitted and approved for the multi-family development prior to application for Certificate of Zoning Compliance and Design Review. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. Include the front lot dimension on lots in Block 1 that is missing. b. Revise the phasing plan so that the first phase of development is adjacent to Harris St. for access purposes because access via SH-69 is prohibited per UDC 11-3H-4B.2. If Council approves a Varaince which would allow the access, the phasing plan does not need to be revised. c. Remove the access via SH-69 as access is prohibited per UDC 11-3H-4B.2, unless otherwise approved by City Council. d. Provide a secondary emergency access that meets Fire Department requirements (IFC Section D104.3) and remove the access via SH-69 unless Council approves a Variance for a public street access via SH-69. e. Depict an emergency vehicular connection between this site and the planned multi- family development to the west. 3. The landscape plan included in Section VII.C shall be revised as follows: a. Include a symbol for the 6’ concrete fence in the legend and the beginning and end points of the fence along SH-69. b. Include a detail of the 6-foot tall concrete fence on top of a 4-foot tall berm as proposed along SH-69 that depicts the centerline of SH-69 that demonstrates compliance with the standards listed in UDC 11-3H-4D with the first phase final plat application. c. Depict fencing adjacent to Lot 15, Block 3 in accord with the standards listed in UDC 11-3A-7A.7b. d. Depict fencing on Lot 23, Block 1 in accord with the standards listed in UDC 11-3A- 7A.7. e. Depict fencing at the rear of building lots adjacent to Lot 1, Block 1 on lots adjacent to Solaris Ave., Lyra St. and Harris St. f. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C. g. Depict an emergency vehicular connection between this site and the planned multi- family development to the west. h. Depict landscaping along the pathway on Lot 26, Block 3 in accord with the standards listed in UDC 11-3B-12C if this lot is counted toward the qualified open space as currently shown on the open space exhibit in Section VII.D. i. Replace the gravel symbol and replace it with the lawn symbol within the street buffer along SH-69 in accord with UDC 11-3B-7C.3a. Meridian City Council Meeting Agenda October 22, 2019 – Page 210 of 793 Page 37 4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway within the street buffer along SH-69 and within the Northwest Pipeline corridor 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. 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. Signage for addressing needs to be provided for homes accessed by the common driveways on Lots 10 & 61, Block 1; Lots 23 & 29, Block 2; and Lot 28, Block 3 for emergency wayfinding purposes. 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 recorded easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 8. All existing structures on the site shall be removed prior to City Engineer signature on the final plat in which they are located. 9. Parking is restricted to only one side of the 27-foot wide street section for W. Broyhill St.; the curb shall be painted red and signage shall be installed prohibiting parking on one side of the street to ensure emergency access can be provided. B. PUBLIC WORKS 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 Each phase must be modeled as developed to ensure adequate fire flow. 1.3 A water main connection to the west (proposed Graycliff Apartments) is needed, and can be co-located within a common driveway/pathway. Coordinate design location with the Meridian Development Analyst during construction plan review. 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. Meridian City Council Meeting Agenda October 22, 2019 – Page 211 of 793 Page 38 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. 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. Meridian City Council Meeting Agenda October 22, 2019 – Page 212 of 793 Page 39 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. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/160245/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/160225/Page1.aspx Meridian City Council Meeting Agenda October 22, 2019 – Page 213 of 793 Page 40 E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/160222/Page1.aspx F. BOISE PROJECT BOARD OF CONTROL http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=160052&dbid=0 G. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=159845&dbid=0 H. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/159880/Page1.aspx I. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/weblink8/0/doc/160498/Page1.aspx J. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=161671&dbid=0 K. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/browse.aspx?dbid=0 L. VALLEY REGIONAL TRANSIT (VRT) http://weblink.meridiancity.org/weblink8/0/doc/160309/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 City Council finds the proposed annexation of the subject 35.67 acre property with R-15 zoning and proposed development is consistent with the MU-R designation. (See section V 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 the proposed map amendment and development complies with the purpose statement of the residential districts in that it will provide for a range of housing opportunities consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential use should be compatible with adjacent existing and future residential uses in the area. Meridian City Council Meeting Agenda October 22, 2019 – Page 214 of 793 Page 41 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 City services are available to be provided to this development. The School District has submitted comments, included in Section VIII.I, that currently show student enrollment is below capacity; however, the proposed development may cause area schools to be over capacity depending on the age of school children enrolled. 5. The annexation (as applicable) is in the best interest of city. The City Council finds the proposed annexation 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 the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accomoate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City’s CIP. 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. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 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 October 22, 2019 – Page 215 of 793 Page 42 C. Variance (UDC 11-5B-4E) Required Findings: In order to grant a variance, the council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; Staff finds that granting a Variance for access via SH-69 would grant a right or special privilege that is not otherwise allowed as the UDC (11-3H-4B) prohibits new approaches directly accessing a state highway. 2. The variance relieves an undue hardship because of characteristics of the site; and Staff finds there are no characteristics of the site that create a hardship for development that granting the variance would relieve. The Applicant could construct a backage road adjacent to SH-69 but prefers the access via SH-69. 3. The variance shall not be detrimental to the public health, safety, and welfare. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff finds that granting a Variance for access via SH-69 would likely be detrimental to the safety and welfare of the public, especially a left-in access which would encourage traffic movements across 2 lanes of high speed traffic and vehicles slowing down to turn left and sitting in the center lane waiting to turn left. Meridian City Council Meeting Agenda October 22, 2019 – Page 216 of 793 EIDIANDAHO ,?-- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 L Item Title: Cooperative Agreement between the City of Meridian and Regional Transit For Annual Dues and Service Contribution — For a not -to -exceed amount of $317,857.00 and Capital Contribution of $419,000.00 for a grand total of $736,857.00 Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 5.L . Presenter: Estimated Time f or P resentation: 1 Title of I tem - C ooperative Agreement B etween the C ity and Valley Regional T ransit for “Annual Dues and S ervice C ontribution” for a Not-To-E xceed amount of $317,857.00 and C apital C ontribution of $419,000.00 for a Grand Total of $736,857.00. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 10/16/2019 V RT A greement Cover Memo 10/16/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.Weatherly, A drienne Approved 10/16/2019 - 4:36 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 217 of 793 Page 1 Memo To: Chris Johnson, City Clerk, From: Keith Watts, Purchasing Manager CC: Todd Lavoie Date: 10/15/19 Re: October 22 nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 22 nd City Council Consent Agenda for Council’s consideration. Approval of Cooperative Agreement between the City and Valley Regional Transit for “Annual Dues and Service Contribution” for a Not-To-Exceed amount of $317,857.00 and Capital Contribution of $419,000.00 for a Grand Total of $736,857.00. Recommended Council Action: Approval of Cooperative Agreement with Valley Regional Transit for the Not-To-Exceed amount of $736,857.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda October 22, 2019 – Page 218 of 793 COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR ANNUAL ASSESSMENT AND OTHER CONTRIBUTIONS THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this 22' jday of 060b2r 20 ft by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("VRT"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("Member") RECITALS a. VRT is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum. VRT provides publicly funded or publicly subsidized transportation services and programs in Ada and Canyon counties. b. Member is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 40-2109(7) provides that VRT may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies. d. Idaho Code § 40-2110 provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority. e. There are three primary programs which VRT budgets and funds each year. First, VRT budgets and establishes an Annual VRT Assessment for its regular and special members, with assessments for its regular members calculated pursuant to a population based formula, and assessments for its special members calculated pursuant to a negotiated amount. Second, VRT budgets and establishes a Transportation Services contribution to support the operation of transportation services including fixed route services such as intercountry or local services. Transportation Services also includes Ridesharing services such as Harvest Transit and Ride 2 Wellness. Third, VRT budgets and establishes contribution requirements to procure and maintain the necessary capital for its operations. f. VRT has budgeted $736,857 for Member to contribute for its Annual VRT Assessment, Transportation Services, and Capital Contribution and Enhanced Service; Member has budgeted Page 1 of 5 Page 2 of 5 the same amount for its Annual VRT Assessment, Transportation Services, and Capital Contribution and Enhanced Service. Annual VRT Assessment $49,324 Transportation Services Intercounty Service Contribution $99,349 Ridesharing Services Harvest Transit $129,184 Rides 2 Wellness $40,000 Ridesharing Services Sub Total $169,184 Annual VRT Assessment and Transportation Services Sub Total $317,857 Capital Contribution and Enhanced Service $419,000 Grand Total $736,857 g. Transportation Services support the following modes: 1) Intercounty Services Nampa Express Service (Route 40): Operates between Nampa and Boise making a limited number of designated stops in Nampa, Meridian, and Boise. The service operates Monday through Friday from 5:30 A.M. to 7:02 P.M. The service generally utilizes 32 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. Nampa Limited Stop Service (Route 42): Operates between Nampa and Boise making several designated stops in Nampa, Meridian, and Boise. The service operates Monday through Friday from 6:20 A.M. to 8:05 P.M. The service generally utilizes 38 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 2) Ridesharing Services support additional lifestyle and supportive transportation to Meridian seniors and persons with disabilities. In Meridian these services include Harvest Transit operates within the city limits of Meridian and is free to qualified passengers. This curb-to-curb service operates utilizing three accessible wheelchair-lift vans Monday through Saturday 9:00 A.M. to 3:00 P.M., with occasional special trips and outings for qualified Meridian residents on weeknights and Sundays. Rides 2 Wellness provides qualified patients of St. Luke's or St. Alphonsus transportation to appointments at approved clinics. The service operates by reservation between 7:30 A.M. to 6:00 P.M. weekdays. h. Capital Contribution and Enhanced Service supports the following; 1) Procurement of two battery electric vehicles. Meridian City Council Meeting Agenda October 22, 2019 – Page 220 of 793 Page 3 of 5 2) Construction of necessary transit stops and facilities for additional fixed route service in Meridian. 3) Funding for additional transportation services in Meridian. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Section 1. Term This Agreement shall be in effect from the 1st day of October 2019, and will terminate on the 30th day of September 2020, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: (a) For Member to pay Annual VRT Assessment and Transportation Services contributions to VRT for Fiscal Year 2020 in the amount of $317,857. (b) For VRT to use said Annual VRT Assessment for costs budgeted under its regional planning and program administration, and to use said Transportation Services contributions for costs budgeted under its regional operating plan. (c) For Member to pay Capital Contribution and Enhanced Service in Fiscal Year 2020. The costs of these additional services are estimated at $419,000. (d) For VRT to use said Capital Contribution and Enhanced Service for costs budgeted to bring additional transportation services to Meridian. Section 3. Compliance VRT, in using said Annual VRT Assessment, Transportation Service contributions, and Capital Contribution and Enhanced Service, shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said assessments and operating costs. Section 4. Payment (a) Member shall pay its Annual VRT Assessment and Transportation Services contribution of $317,857 within 30 days of invoice. (b) Member shall pay Capital Contribution and Enhanced Service upon the receipt of invoice with supporting documentation from VRT. FY 2020 Capital Contribution and Enhanced Service will be no more than $419,000. Meridian City Council Meeting Agenda October 22, 2019 – Page 221 of 793 Page 4 of 5 (c) VRT shall provide Member a quarterly financial reconciliation and status report on capital, enhanced services or other special projects. (b) Payment shall be made directly to VRT at the following address, unless Member is notified in writing by VRT of a new address: Valley Regional Transit 700 NE 2nd St Suite 100 Meridian, Idaho 83642 (b) Member’s address, for the purpose of notice or correspondence, unless VRT is notified in writing by Member of a new address, is as follows: City of Meridian 33 E. Broadway Meridian, Idaho 83642 Section 5. Miscellaneous (a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party’s governing body, and is fully vested with the authority to bind such party in all respects. (b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shall survive the severed provisions. (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between VRT and Member concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. (d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. (e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. (f) This Agreement shall be binding on the parties hereto, and their successors and assigns. Section 6. Indemnification To the extent permissible by law, VRT shall indemnify, defend, protect and hold harmless Member, and it's officers, agents and employees, from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever (collectively, “Claims”) arising out of or incident to this Agreement, and any renewal or extension thereof, and arising out of or caused by the negligent or intentional acts or omissions of VRT, it’s officers, agents and employees, regardless of where the injury, death, or damage may occur, except to the extent any such Claims arise out of or are caused by the negligent or Meridian City Council Meeting Agenda October 22, 2019 – Page 222 of 793 intentional act or omission of Member or it's officers, agents and employees. Member shall give to VRT reasonable notice of any such Claims. VRT shall notify Member of the counsel to be used in carrying out its obligations hereunder. Member must state any reasonable objection that it may have regarding the use of said counsel. The provisions of this section shall be deemed to be a separate contract between the parties and shall survive the expiration or any default, termination or forfeiture of this Agreement, and any renewal or extension thereof. Notwithstanding anything to the contrary in the foregoing, Member's right to indemnification pursuant to the foregoing shall be limited to indemnification for such Claims for which Member incurs actual liability or expense. The foregoing indemnification includes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, or activities provided by VRT under this Agreement with all applicable federal, state, and local statutes, regulations, and requirements, including, but not limited to, the Americans with Disabilities Act (ADA). Notwithstanding anything to the contrary in the foregoing, (i) no employee or officer of VRT shall be personally liable to Member under this Agreement, (ii) with respect to third party Claims, both VRT and Member expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and (iii) the agreement of VRT to hold harmless or indemnify Member shall be limited to, and be payable only from, VRT's available insurance or self-insurance coverage for liability assumed by contract available as a part of its general liability insurance program." EXECUTED and effective as of the date first above written. Valley Regional Transit: I�{� Kio �I f Kelh Badesheim Executive Director City of Meridian: eer -- Mayor Page 5 of 5 C EIDIAN,! -- DAHJ CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 M Item Title: Development Agreement for Caldera Canyon (H-2019-0062) With Vanessa Klaus (Owner/Developer). Located at 1294 E. Leigh Field Dr. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.M. Presenter: Bill Parsons Estimated Time f or P resentation: 0 Title of I tem - D evelopment Agreement for C aldera C anyon (H-2019-0062) with Vanessa K laus (Owner/D eveloper), L ocated at 1294 E . L eigh Field D r. D evelopment Agreement between the City of Meridian and Vanessa Klaus(O W NE R/D E V E L O P E R ) for C aldera C anyon H-2019-0062 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Development A greement-Caldera Canyon(H-2019-0062)A greements / C ontracts 10/14/2019 E xhibit A-H-2019-0062 E xhibit 10/14/2019 E xhibit B -H-2019-0062 E xhibit 10/14/2019 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 10/14/2019 - 10:27 A M Community Development.A lbertson, Michelle Approved 10/14/2019 - 12:54 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 224 of 793 ADA COUNTY RECORDER Phil McGrane 2019-104970 BOISE IDAHO Pgs=39 VICTORIA BAILEY 10/24/2019 12:20 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. Vanessa Klaus, Owner/Developer TIRS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 22ncl day of ()2AQbeK 2019, by and between City of Meridian, a municipal corporation ofthe State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Vanessa Klaus, whose address is 1294 E. Leigh Field Dr., Meridian, ID 83646, hereinafter called OWNERIDEVELOPER. 1. RECITALS: 1.1 NMEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 V41EREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code C'UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 VY111EREAS ' Owner/Developer has submitted an application for Modification to an existing Development Agreement, recorded in Ada County as Instrument # 106064914 to remove the subject property from this Agreement and bind the Property as shown in the attached Exhibit "A" to a new Development Agreement; and 1.5 VVIIEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEvEwPMENT AGREEMENT— CALDERA CANYON (R-2019-0062) PAGE I OF 7 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 2 6 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 2 7 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 2 8 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 2 9 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 3 0 o f 7 9 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Vanessa Klaus CITY OF MERIDIAN By: Mayor T7" Weerd STATE OF IDAHO : ss: County of Ada, ATTEST: AUGUST 1 Onthis 'f day of 004-03672_ , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Vanessa Klaus known or identified to me to be the person who signed above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I ha,,gv*kdtt^4Vt my hand and affixed my official seal the day and year in this certificate first above written. .�pQ�4j• :....�•+:5.�••.,,, (SEAL) ? wy�t N°TA j?I'f,� • A Notary Public for Idaho UBLIC ; cj � Residing at: IS C—, /?J 0?,� No a`;:•'� O ; My Commission Expires: STATE OF IDAHO ) ••,,'92xq O�'* �.•' ss ,••p,uli al,". County of Ada ) On this 22- r -d day of (�Ck b err , 2019, before me, a Notary Public, personally appeared Tammy de Weerd and Chris Johnson, know or identified to me to be the Mayor and Clerk, respectively, of the City ofMeridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate firstab ARLENE WAY �) COMMISSION #67390 C w� (SE NOTARY PUBLIC Notary Public forIdaho- STATE OF IDAHO Residing at: / MY COMMISSION EXPIRES 3/28/22 Commission expires&iu-a�o� DEVELOPMENT AGREEMENT— CALDERA CANYON (11-2019-0062) PAGE 7 of 7 Exhibit A Meridian City Council Meeting Agenda October 22, 2019 – Page 232 of 793 Meridian City Council Meeting Agenda October 22, 2019 – Page 233 of 793 Meridian City Council Meeting Agenda October 22, 2019 – Page 234 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0062 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 Sixteen (16) Residential Building Lots and Three (3) Common Lots on 2.83 Acres of Land in the R-8 Zoning District; and Modification of an Existing Development Agreement to Remove the Subject Property from a DA Instrument No. 106064914 to Enter into a New One, by Vanessa Klaus. Case No(s). H-2019-0062 For the City Council Hearing Date of: July 23, 2019 (Findings on August 6, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 23, 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 August 6, 2019 – Page 140 of 400 EXHIBIT B Meridian City Council Meeting Agenda October 22, 2019 – Page 235 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0062 2 - 7. That this approval is subject to the conditions of approval listed in the attached Staff Report for the hearing date of July 23, 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 and development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 23, 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 August 6, 2019 – Page 141 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 236 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0062 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 July 23, 2019 Meridian City Council Meeting Agenda August 6, 2019 – Page 142 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 237 of 793 By action of the City Council at its regular meeting held on the day of Ai JO I I, 2019. COUNCIL PRESIDENT JOE BORTON VOTEDP7 COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED.y COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) C; I - Mayor Tammy de Weerd Attest: Chris J City Cl Copy served upon Applicant, Attorney. VT WEIDjAN SEAL Department, Public Works Department and City Dated: g -(0-1 q CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0062 Cat derq 4- Meridian City Council Meeting Agenda October 22, 2019 – Page 238 of 793 EXHIBIT A Page 1 HEARING DATE: 7/23/2019 TO: Mayor & City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0062 Caldera Canyon LOCATION: 1294 E. Leigh Field Dr., in the SE ¼ of the NE ¼ of Section 31, Township 4N., Range 1E. I. PROJECT DESCRIPTION Request for a preliminary plat consisting of sixteen (16) building lots and three (3) common lots on 2.83 acres of land in the R-8 zoning district; and request to modify the existing development agreement to remove the subject property and to enter into a new agreement. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda August 6, 2019 – Page 144 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 239 of 793 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics 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) point of access to E. Leigh Field Dr. (collector) Stub Street/Interconnectivity/Cross Access One (1) stub street proposed to the north Staff recommends a driveway extension to the west to provide access to Lot 12, Block 2 and provision of a local street stub to the east for future interconnectivity. 7 Existing Road Network Existing Arterial Sidewalks / Buffers Five-foot attached sidewalk along E. Leigh Field Dr. Distance to nearest City Park (+ size) mile to Champion Park 1 mile to Settlers Park Fire Service 20 Distance to Fire Station +/- 0.4 miles from Fire Station No. 3 Fire Response Time 2 minutes (under ideal conditions) Resource Reliability 82% (does not meet target goal of 85% or greater) Risk Identification 1=residential Accessibility Project meets all required access, road widths and turnarounds. The common driveway will need to be signed No Parking Fire Lane”. Coordinate with addressing technician for common driveway sign. Special/resource needs Project will not require an aerial device. Water Supply 1000 gal./minute for 1 hour required Police Service 22 Distance to Police Station 3 miles Police Response Time 3-4 minutes (under average response time in Meridian) Description Details Page Acreage 2.83 Future Land Use Designation MU-N/N.C. Existing Land Use One (1) Single-family residence Proposed Land Use(s) SFR subdivision Current Zoning R-8 Proposed Zoning R-8 Lots (# and type; bldg/common) 19 total (16 bldg./3 common) Phasing plan (# of phases) 1 phase Number of Residential Units (type of units) 16 SFR units Density (gross & net) 5.65 du/acre gross; 6.91 du/acre net Neighborhood meeting date; # of attendees: April 15, 2019; 7 attendees History (previous approvals) Annexed with Quenzer North Subdivision (AZ-05-063, DA Inst. No. 106064914; PP-05-063); final platted as Lot 7, Block 31 of Quenzer Commons No. 10 (FP-06-020) Meridian City Council Meeting Agenda August 6, 2019 – Page 145 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 240 of 793 Page 3 Description Details Page Calls for Service Between 4/1/2018-3/31/2019 PD responded to 485 calls for service within a mile of the proposed development. of calls for service split by priority See PD comments in Section VIII. D Accessibility No issues with proposed access Specialty/resource needs None Crimes 97 Crashes 34 (41% injury related) West Ada School District Distance (elem, ms, hs) Prospect Elementary: +/- ¼ mile Pathways Middle School: +/- 1/3 mile Rocky Mountain High School: +/- 1.65 miles Wastewater Distance to Sewer Services 0 Ft. Sewer Shed White Drain Trunkshed Estimated Project Sewer ERU’s See application for detail WRRF Declining Balance 13.68 Project Consistent with WW Master Plan/Facility Plan Yes Impacts/Concerns Flow commitments have been added (1,840 GPD avg. sanitary flow; 59 GPD avg. infiltration flow). Ensure that water and sewer service stubs meet the minimum horizontal separation requirements. Water Distance to Water Services 0 Ft. Pressure Zone 2 Estimated Project Water ERU’s See application for detail Water Quality Concerns None Project Consistent with Water Master Plan Yes Impacts/Concerns Water main size must be notated on the construction plans. Water main in common drive must be eliminated and replaced with water services to serve the homes off of the common drive. What is proposed for the "Not-A-Part" lot 12 and how will it ultimately be served for water? Meridian City Council Meeting Agenda August 6, 2019 – Page 146 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 241 of 793 Page 4 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Owner: Vanessa Klaus 1294 E. Leigh Field Dr. Meridian, ID 83646 B. Representative: Penelope Constantikes, Riley Planning Services, LLC. P.O. Box 405 Boise, ID 83701 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda August 6, 2019 – Page 147 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 242 of 793 Page 5 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 5/31/2019 7/5/2019 Radius notification mailed to properties within 300 feet 5/28/2019 7/2/2019 Property posted on 6/7/2019 7/8/2019 Nextdoor posting 5/28/2019 7/2/2019 V. STAFF ANALYSIS The development agreement modification proposes to remove the subject property from the terms of the existing development agreement (Inst. #106064914, AZ-05-063 Quenzer North Subdivision) and enter into a new development agreement for the proposed development. The applicant requests to enter into a new development agreement as this property is going to be developed independently from the Quenzer Commons Subdivision, in which it was originally annexed, zoned and platted. A legal description and exhibit map will need to be submitted that incorporates the overall Caldera Canyon development prior to the City Council hearing. The proposed preliminary plat consists of sixteen (16) building lots and three (3) common lots on 2.83 acres of land in an R-8 zoning district. The subdivision includes one (1) existing home and is proposed to develop in one (1) phase. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) Mixed Use Neighborhood (MU-N) with a Neighborhood Center (N.C.) overlay – The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. N.C. overlays are intended to create a centralized, pedestrian and service-oriented focal point for neighborhood scale development. N.C. areas are conceptual and are intended to identify a maximum walking distance of ¼ mile from the core of a neighborhood center. The proposed development was originally annexed, zoned and platted as Lot 31, Block 7 of the Quenzer Commons No. 10 Subdivision. Although the proposed development is only 2.83 acres in size it proposes to extend a grid-like street to the north, which will provide an opportunity for the property to the north to fulfill characteristics of the MU-N/N.C designation. Since the parcel was already zoned R-8, is providing an opportunity for surrounding properties to redevelop and reflects a similar design and layout to the original Quenzer Commons No. 10 subdivision to the west, staff finds the proposed subdivision is consistent with the FLUM designations for the area. Further, there is an existing five acre parcel on the east boundary that has not yet annexed into the City. With future development of this property the City will be requiring additional neighborhood serving uses and integrated land uses as envisioned by the Comprehensive Plan. The proposed gross density is 5.65 du/acre while the net density is 6.91 du/acre, which falls slightly below the MU-N target density of 6-12 units/acre and the N.C. target density of 8+ units/acre. Given the infill nature of the 2.83 acre site, staff is of the opinion that although the density is slightly lower than the target density, the proposed development is generally consistent with the MU-N, N.C. FLUM designation and is appropriate for this site. Meridian City Council Meeting Agenda August 6, 2019 – Page 148 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 243 of 793 Page 6 B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): 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) Services to this area are available and can be reasonably provided since the MFD and MPD are already servicing the area. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) The applicant proposes to stub the local street bisecting the subject property to the north for future extension. Staff’s recommendation to extend the driveway from Lot 12, Block 2 and add a stub to the property to the east would further enforce this action item and would increase interconnectivity among developments. Encourage infill development.” (3.04.02B) This site was originally platted as part of the Quenzer Commons No. 10 subdivision and is located adjacent to several existing residential subdivisions. The applicant’s proposal includes similarly sized lots and will complement existing subdivisions. Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.” (3.07.02B) The applicant has proposed a public roadway extending north/south through the development with five-foot attached sidewalks to increase vehicular and pedestrian connectivity to future developments. C. Existing Structures/Site Improvements: There is one (1) existing home on this site that is proposed to remain and is located on Lot 12, Block 2. The existing structure meets the required setbacks of the R-8 zoning district; any additions to the lot will be subject to R-8 zoning district dimensional standards. Any remaining structures aside from the home and ancillary structures on Lot 12 shall be removed prior to signature on the final plat by the City Engineer. The applicant has submitted a concept of possible redevelopment for the site should the property owner leave the premises in the future (see Exhibit VII.E). If the site does redevelop, the common driveway length shall be approved by the Meridian Fire Department in accord with UDC 11-6C- 3D3. D. Proposed Use Analysis: The applicant proposes to construct fifteen (15) single-family detached dwellings with one (1) existing home to remain at the southwest portion of the site (Lot 12, Block 2), with three (3) common lots, one (1) of which is a common driveway. Single-family detached dwellings are listed as a principally permitted use in the R-8 zoning district per UDC Table 11-2A-2. E. Dimensional Standards (UDC 11-2): This development is subject to the R-8 zoning district dimensional standards in UDC Table 11- 2A-6 (see below). Buildable lots range in size from approximately 4,032 square feet to approximately 5,372 square feet, excluding the existing lot at 34,668 square feet, complying with the UDC minimum dimensional standard of 4,000 square feet per dwelling unit. Meridian City Council Meeting Agenda August 6, 2019 – Page 149 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 244 of 793 Page 7 F. Access (UDC 11-3A-3): A public street is proposed to extend to the north from E. Leigh Field Dr. and will be stubbed to the property to the north (parcel #R1608650331) for future extension should redevelopment occur. UDC 11-3A-3A.3 requires all subdivisions provide local street access to any use that currently takes access from a collector road. The existing home on Lot 12, Block 2 proposes to retain their direct access to E. Leigh Field Dr. as part of this project. Staff recommends that the applicant extend the driveway from Lot 12, Block 2 to N. Heritage View Ave. and extend a stub street to Ada County parcel to the east. The applicant is seeking a council waiver to allow the existing home to maintain access and to refrain from extending a stub to the east in accord with UDC 11-3A-3. If Council does not grant the access waiver for both requests, the applicant shall redesign their plat to provide local street access to Lot 12, Block 2 and the parcel to the east. NOTE: If the streets are extended as recommended by staff, this may require the applicant to lose several lots which reduces the density even further than what is desired in the MU-N designated area as noted above. G. Sidewalks (UDC 11-3A-17): The five-foot attached sidewalk adjacent to E. Leigh Field Dr. was constructed with the development of Quenzer Commons Subdivision No. 10. The applicant proposes to construct five-foot attached sidewalks within the development along the local street extending north (N. Heritage View Ave.) in accord with UDC standards. Meridian City Council Meeting Agenda August 6, 2019 – Page 150 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 245 of 793 Page 8 H. Landscaping (UDC 11-3B): UDC 11-2A-6 requires a 20-foot landscape buffer along E. Leigh Field Dr. There is an existing landscape buffer that was installed with Heritage Commons No. 1. The 20-foot landscape buffer was placed in an easement with the approval of Heritage Commons No. 1. In accord with UDC 11-3B-7, the applicant proposes to place a majority of the landscape buffer within a common lot that is to be owned and maintained by the home owner’s association. A portion of the eastern part of the landscape buffer along E. Leigh Field Dr. is located within an easement; the landscape buffer shall be located within a common lot extended from Lot 1, Block 2, or the applicant shall be required to seek alternative compliance prior to final plat approval. Additionally, if the applicant is not granted a waiver for direct access to E. Leigh Field Dr. for Lot 12, Block 2, the applicant will be required to convert the frontage into a 20-foot landscape buffer located within a common lot in accord with UDC standards. The 20-foot landscape buffer currently includes mature arborvitaes, the applicant’s narrative proposes to include trees and vegetative groundcover in compliance with UDC 11-3B-7C-3 requirements. The applicant shall revise the landscape plan to include four (4) additional trees to comply with these requirements. 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 coordinate with Elroy Huff, City Arborist to confirm mitigation requirements. I. Qualified Open Space/Site Amenities (UDC 11-3G): UDC 11-3G-2 does not require open space or amenities for developments under five (5) acres in size. The subject property is 2.83 acres in size, as such, open space and amenities are not required. J. Fencing (UDC 11-3A-6, 11-3A-7): A six-foot vinyl fence is proposed along the north and east boundaries of the subject site; six-foot fencing constructed with Quenzer Commons exists along the west boundary. Proposed fencing complies with UDC standards. K. Common Driveways (UDC 11-6C-3D): The applicant is proposing a common driveway for the development to provide access to four (4) of the sixteen (16) proposed homes in the development. The common driveway is proposed to be extended from a proposed local public street (N. Heritage View Ave.) from the east. Common driveways shall be a maximum of one-hundred-fifty feet (150’) in length unless otherwise approved by the Meridian Fire Department. The proposed length of the driveway measures approximately 140’ in compliance with UDC standards. However, the current edge of pavement measures approximately 25-feet short of two (2) building lots accessing the common driveway at the west part of the site (Lots 7 and 11, Block 2). The common driveway exhibit (see Exhibit VII.C) depicts the driveways of Lots 7 and 11, Block 2 curving at an angle, which do not appear to align with the paved area of the common driveway. The applicant shall clarify the alignment of the subject driveways with the common driveway and, if applicable, shall adjust the edge of pavement accordingly with approval from the Fire Department. 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. A copy of that easement shall be submitted to the Planning Division prior to the City Engineer’s signature on the final plat. Meridian City Council Meeting Agenda August 6, 2019 – Page 151 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 246 of 793 Page 9 Lots 5 and 9, Block 2 are not proposed to take access via the common drive, however are required to adhere to the common driveway requirements in UDC 11-6C-3D.5. All driveways for properties abutting a common driveway shall be on the opposite side of the shared property line, away from the common driveway. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five-foot wide landscape buffer. L. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation (PI) system is required to be provided for each lot within the development. The current proposal depicts the PI pump station within a buildable lot (Lot 9, Block 2). UDC 11- 3B-6E requires that pressurized irrigation stations be placed on a lot solely dedicated to the pump station; the applicant shall reconfigure the lots to include a common lot for the pump station. 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. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the future homes within this development. Building materials consist of stucco, hardy plank and board-and-batten siding with some stone accents (see Exhibit VII.E). Proposed homes will be single-level and will complement existing homes in surrounding neighborhoods. Single-story homes are exempt from review from the Planning Division on those lots adjacent to E. Leigh Field Drive. VI. DECISION A. Staff: Staff recommends approval of the proposed development agreement modification and preliminary plat requests for this site with the modified development agreement provisions and conditions listed in Section VIII of this report in accord with the findings contained in Exhibit D. Note: The driveway access for the existing home via E. Leigh Field Dr. and current configuration of the plat in regard to the property to the east requires Council approval of a waiver to UDC 11-3A-3, which limits access via collector streets when access via a local street is available. In this case, access is available via one (1) proposed local street (N. Heritage View Ave.). If a waiver is not approved, the plans submitted with the final plat application should be revised accordingly. B. Commission: The Meridian Planning & Zoning Commission heard this item on June 20, 2019. At the public hearing, the Commission voted to recommend approval of the subject PP request. 1. Summary of Commission public hearing: a. In favor: Penelope Constantikes, Applicant’s Representative; b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Stephanie Leonard f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimony: a. None Meridian City Council Meeting Agenda August 6, 2019 – Page 152 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 247 of 793 Page 10 3. Key issue(s) of discussion by Commission: a. Likelihood of the adjacent parcels to the north and east developing consistently with the Mixed-use Community Neighborhood Center Overlay guidelines and transitioning appropriately to the proposed residential use; b. Commission recommends that the Council grant the applicant the waiver to continue the use of the existing driveway for existing home and to refrain from extending a local stub street to the east; c. Retention of existing landscaping (arborvitaes) along E. Leigh Field Dr. in lieu of the four 4) trees as recommended by Staff; 4. Commission change(s) to Staff recommendation: a. Modify condition 3.a. to allow the applicant to seek alternative compliance to retain the existing arborvitaes in lieu of installing the four (4) required trees within the street buffer; 5. Outstanding issue(s) for City Council: a. Allowing the applicant’s request to continue the use of existing driveway to the existing home and not require the extension of the stub street to the east in accord with UDC 11-3A- 3. C. The Meridian City Council heard these items on July 23, 2019. At the public hearing, the Council moved to approve the subject PP and MDA requests. 1. Summary of the City Council public hearing: a. In favor: Penelope Constantikes b. In opposition: None c. Commenting: Dan Young and Steve Wagner d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. b. c. Increased traffic on E. Leigh Field Drive. Extension of N. Heritage View Ave. Maintaining irrigation water to adjacent property owners. 3. Key issue(s) of discussion by City Council: a. None 4. City Council change(s) to Commission recommendation: a. Council granted the waiver to allow the existing home to retain the current access and did not require the extension of the eastern stub street. Meridian City Council Meeting Agenda August 6, 2019 – Page 153 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 248 of 793 Page 11 VII. EXHIBITS A. Preliminary Plat (date: 4/11/2019) Meridian City Council Meeting Agenda August 6, 2019 – Page 154 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 249 of 793 Page 12 B. Landscape Plan (date: 5/10/2019) Meridian City Council Meeting Agenda August 6, 2019 – Page 155 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 250 of 793 Page 13 C. Common Driveway Exhibit Meridian City Council Meeting Agenda August 6, 2019 – Page 156 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 251 of 793 Page 14 D. Building Elevations Meridian City Council Meeting Agenda August 6, 2019 – Page 157 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 252 of 793 Page 15 Meridian City Council Meeting Agenda August 6, 2019 – Page 158 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 253 of 793 Page 16 E. Redevelopment Exhibit Meridian City Council Meeting Agenda August 6, 2019 – Page 159 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 254 of 793 Page 17 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. 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. No. 106064914). A new DA shall be entered into between the City of Meridian, the property owner, 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 approval. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall comply with the preliminary plat, redevelopment plan for Lot 12, Block 2, landscape plan and conceptual building elevations included in Section VII and the provisions contained herein. b. Except for the existing home on Lot 12, Block 2, direct lot access to E. Leigh Field Drive is prohibited. unless waived by City Council in accord with UDC 11-3A-3. 2. The preliminary plat included in Section VII.A, shall be revised as follows: a. The applicant shall include the pump station within a common lot in accord with UDC 11-3B-6E. b. Lot 12, Block 2 shall take access from N. Heritage View Ave. in accord with UDC 11- 3A-3A.3, unless waived by City Council. Council granted the waiver for the existing home on Lot 12, Block 2 to retain its access from E. Leigh Field Drive. c. The applicant shall provide a stub street to the property to the east (parcel R1608650375) for future interconnectivity unless waived by City Council in accord with UDC 11-3A-3A.3. Council did not require the applicant to provide a stub street to the property to the east. d. Include a note stating ownership and maintenance responsibilities for the common lots. e. Include a note stating access via common driveway is restricted to Lots 6, 7, 10, and 11, and if applicable, a lot that may result from redevelopment of Lot 12, Block 2. f. The applicant shall clarify the alignment of the driveways to Lots 7 and 11, Block 2 with the common driveway and, if applicable, shall coordinate with the Fire Department and adjust the edge of pavement accordingly. g. The landscape buffer currently depicted as an easement along E. Leigh Field Dr. shall be located within a common lot extended from Lot 1, Block 2 in accord with UDC 11-3B- 7C, or the applicant shall be required to seek alternative compliance prior to final plat approval. h. If the applicant is not granted a waiver for direct access to E. Leigh Field Dr. for Lot 12, Block 2, the applicant shall convert the frontage into a 20-foot landscape buffer located within a common lot in accord with UDC 11-3B-7C. Council granted Lot 12, Block 2 direct access to E. Leigh Field Drive. 3. The landscape plan included in Section VII.B shall be revised as follows: Meridian City Council Meeting Agenda August 6, 2019 – Page 160 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 255 of 793 Page 18 a. With the final plat application, the applicant shall submit an alternative compliance application to retain the existing arborvitaes in lieu of installing the four (4) required trees within the street buffer along E. Leigh Field Dr. b. The applicant shall coordinate with Elroy Huff, City Arborist, to confirm any mitigation requirements for trees proposed to be removed. The mitigation plan shall be referenced on the landscape plan submitted with a final plat application. c. The landscape buffer currently depicted as an easement along E. Leigh Field Dr. shall be located within a common lot extended from Lot 1, Block 2 in accord with UDC 11-3B- 7C, or the applicant shall be required to seek alternative compliance prior to final plat approval. d. If the applicant is not granted a waiver for direct access to E. Leigh Field Dr. for Lot 12, Block 2, the applicant shall convert the frontage into a 20-foot landscape buffer located within a common lot in accord with UDC 11-3B-7C. Council granted Lot 12, Block 2 direct access to E. Leigh Field Drive. 4. A legal description and exhibit map will need to be submitted that incorporates the overall Caldera Canyon development prior to the City Council hearing. 5. Depict fencing on building lots adjacent to common open space lots in residential areas to distinguish common from private areas as set forth in UDC 11-3A-7A.7. 6. A perpetual ingress/egress easement for the common driveway(s) shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement shall be submitted to the Planning Division prior to signature on the final plat. 7. All driveways for properties abutting a common driveway shall be on the opposite side of the shared property line, away from the common driveway. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five-foot wide landscape buffer. 8. Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-5. 9. Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 10. 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. 11. Comply with the sidewalk standards as set forth in UDC 11-3A-17. 12. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 13. Construct storm water integration facilities that meet the standards as set forth in UDC 11- 3B-11C. 14. 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. 15. 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. 16. Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Meridian City Council Meeting Agenda August 6, 2019 – Page 161 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 256 of 793 Page 19 17. 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. 18. The project is subject to all current City of Meridian ordinances. 19. 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. 20. 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. 21. 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. 22. The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 23. 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. 24. 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 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 Applicant shall be required to establish a new water service directly to the existing water main in E. Leigh Field Drive for Lot 12, Block 2, and abandon the existing service from N. Heritage View Avenue per the Meridian Design Standards. Due to the size of the existing structure on Lot 12, Block 2, and the potential for increased demand on this lot, a one-inch single service/meter will be required. 1.3 Independent sewer and water services lines for each lot shall be required in the common driveway Lot, Block 2 in lieu of mainlines as proposed. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with Suez Water Idaho, and the Meridian 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. Meridian City Council Meeting Agenda August 6, 2019 – Page 162 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 257 of 793 Page 20 2.3 The applicant shall provide easement(s) for all public sewer mains outside of public right of way. The easement widths shall be 20-feet wide for a single utility. 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 may be necessary. 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, and road base approved by the Ada County Highway District prior to issuance of 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. Meridian City Council Meeting Agenda August 6, 2019 – Page 163 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 258 of 793 Page 21 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, 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/161916/Page1.aspx Meridian City Council Meeting Agenda August 6, 2019 – Page 164 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 259 of 793 Page 22 Meridian City Council Meeting Agenda August 6, 2019 – Page 165 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 260 of 793 Page 23 D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/162994/Page1.aspx Meridian City Council Meeting Agenda August 6, 2019 – Page 166 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 261 of 793 Page 24 E. SETTLERS IRRIGATION DISTRICT http://weblink.meridiancity.org/weblink8/0/doc/169289/Page1.aspx F. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/169385/Page1.aspx G. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/169451/Page1.aspx H. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/173000/Page1.aspx I. ADA COUNTY HIGHWAY DISTRICT http://weblink.meridiancity.org/weblink8/0/doc/174453/Page1.aspx IX. FINDINGS 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) Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development. Meridian City Council Meeting Agenda August 6, 2019 – Page 167 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 262 of 793 Page 25 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda August 6, 2019 – Page 168 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 263 of 793 L EIDIANDAHO ,! -- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 N Item Title: Development Agreement for Silver Springs (H-209-0058) With Leigh and Donna Brinkerhoff, Todd Campbell Construction, Inc., and Boos Homes, Inc., Boyd Hill and David A. Meyers (Owners) and Tall Timber Consulting, LLC and Todd Campbell Construction, Inc., (Developer). Located at 1035, 1157, 805 & 905 E. McMillan Rd. Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 5.N. Presenter: S onya Allen Estimated Time f or P resentation: 0 Title of I tem - D evelopment Agreement for Silver S prings (H-2019-0058) with L eigh & D onna B rinkerhoff, Todd Campbell Construction, Inc. and B oos Homes, Inc., Boyd Hill and D avid A. M eyers (Owners) and Tall T imber Consulting, L L C and Todd Campbell C onstruction, Inc. (D eveloper) Located at 1035, 1157, 805 & 905 E . M cM illan Rd. D evelopment Agreement between the City of Meridian and L eigh & Donna B rinkerhoff, Todd C ampbell Construction, I nc. and B oos Homes, I nc., B oyd Hill and David A . Meyers (O W NE R S ) and Tall Timber Consulting, L L C and Todd Campbell C onstruction, I nc. (D E V E L O P E R ) for Silver Springs (H-2019-0058 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Development A greement with E xhibits A&B -S ilver Springs- H-2019-0058 A greements / C ontracts 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate Community Development.Weatherly, A drienne Approved 10/17/2019 - 3:18 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 264 of 793 ADA COUNTY RECORDER Phil McGrane 2019-104972 BOISE IDAHO Pgs=54 VICTORIA BAILEY 10/24/2019 12:21 PM CITY OF MERIDIAN, IDAHO NO FEE RMTA D1 Ell NJ 1910 KY -01 1114 PARTIES: 1. City of Meridian 2. Leigh & Donna Brinkerhoff, Todd Campbell Construction, Inc. & Boos Homes, Inc.; Boyd Hill; and David A. Meyers Owners 3. Tall Timber Consulting, LLC, and Todd Campbell Construction, Inc.. Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this _222 day of OLC 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Leigh & Donna Brinkerhoff whose address is 805 E. McMillan Rd., Meridian, ID 83642; Todd Campbell Construction, Inc. & Boos Homes, Inc. whose address is PO Box 140298, Boise, ID 83714; Boyd Hill whose address is 1035 E. McMillan Rd., Meridian, ID 83642; and David A. Meyers whose address is 1157 E. McMillan Rd., Meridian, ID 83642, hereinafter called OWNERS and Tall Timber Consulting, LLC, whose address is 14254 W. Battenberg Dr., Boise, ID 83713 and Todd Campbell Construction, Inc., whose address is PO Box 140298, Boise, ID 83714hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted an application for the annexation and zoning of 5.19 acres of land to the R-4 (Medium Low Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - SILVER SPRINGS (fl -2019-0058) PAGE 1 of 12 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 6 6 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 6 7 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 6 8 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 6 9 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 7 0 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 7 1 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 7 2 o f 7 9 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: Leig B mkerhoff Boyd Bill Todd Campbell Construction, Inc. Donna Brinkerhoff David A. Meyers Boos Moines, Inc. By: By: Its: Its: DEVELOPERS: Todd Campbell Construction, Inc. Tall Timber Consulting, LLC By: By: Its: Its: CITY OF MERIDIAN B Mayor nit de Weerd ATTEST: DEVELOPMENT AGREEMENT -SILVER SPRINGS (N-2019-0058 9 Or 12 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 7 4 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 7 5 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 7 6 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 7 7 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 7 8 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 7 9 o f 7 9 3 STATE OF Idaho . ss: County of Ada On this 6 day of OW , 2019, before nje, the undersigned, allotaiy Public in and for said State, per nally appearedd. M known or identified to me to be the of Todd Campb 11 Construction, Inc. and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF I have hereunto set ad and affixed my official seal the day and year in this certificate`Vfyy�i .4 % ��i .� AR Notary Public r �� Y Residing at: i pUg.�G My Commission Expires: STATE OF Idaho '•.�' r�'• O� County of Ada ) 1111E �10 0\` On this -b- day of 0 (,Vu)oQ V _, 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Paw'kc� Q. jLy n known or identified to me to be the qq5' dQ of Tall Timber Vonsulting, LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fust above written. �l ' JENNIFER THOMAS (14 COMMISSION NUMBER 63227 Notar -public for Idaho NOTARY PUBLIC Residing at: &tse, �(Q State of Idaho My Commission Expires 03/10/2020 My Commission Expires: 9/1()170 STATE OF IDAHO ) : ss County of Ada On thisr),3 n� - day of j � �-_ , 2019, before me, a Notary Public, personally appeared Tammy de Weerd and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fust above written. A Lay r , CHARLENE WAD3/28/22 Notary Public IdahoC� COMMISSION #67Residing at: NOTARY PUBLIC Commission expires: STATE OF IDAHO MY COMMISSION EXPIRES DEVELPMOENT E —Gs (H-2019-0058) PAGE 12 OF 12 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 8 1 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 8 2 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 8 3 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 8 4 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 8 5 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 8 6 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 8 7 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 8 8 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 8 9 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 9 0 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 9 1 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 9 2 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 9 3 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 9 4 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 9 5 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 9 6 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 9 7 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 9 8 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 2 9 9 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 0 0 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 0 1 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 0 2 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 0 3 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 0 4 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 0 5 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 0 6 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 0 7 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 0 8 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 0 9 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 1 0 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 1 1 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 1 2 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 1 3 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 1 4 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 1 5 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 1 6 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 1 7 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 1 8 o f 7 9 3 EIDIAN0 I DAH ?- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 O 1 �rC G Item Title: Development Agreement for Corners Ranch (H-2019-0006) with Sweet Land Development, Inc. (Developer) and David J. and Luane Dean (Owners). Located at 1890 E. Dunwoody Ct. Meeting Notes: mt . 1. '' � . - 10 u � �� �.� :�: -� j L� 1�-' I TEM SHEET C ouncil Agenda I tem - 5.O. Presenter: Bill Parsons Estimated Time f or P resentation: 0 Title of I tem - D evelopment Agreement for T hree Corners Ranch (H-2019-0006) with S weet L and Development, Inc. (Developer) and David J . and L uane Dean (O wners), L ocated at 1890 E . Dunwoody Ct. D evelopment Agreement between the City of Meridian and Sweet L and D evelopment, I nc. (D E V E L O P E R) and David J . and L uane Dean (O W NE R S ) for T hree Corners Ranch (H-2019- 0006). C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Development A greement-H-2019-0006 A greements / C ontracts 10/16/2019 E xhibit A-H-2019-0006 E xhibit 10/16/2019 E xhibit B -H-2019-0006 E xhibit 10/16/2019 RE V I E WE RS : Department Reviewer Action D ate Community Development.Weatherly, A drienne Approved 10/16/2019 - 4:37 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 319 of 793 ADA COUNTY RECORDER Phil McGrane 2019-104973 BOISE IDAHO Pgs=60 VICTORIA BAILEY 10/24/2019 12:25 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2, Sweet Land Development, Inc., Developer 3. David J. and Luane Dean, Owners HIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 22'rf I day of c� & bex' 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Sweet Land Development, Inc., whose address is 1990 S. Cole Road, Boise, ID 83709, hereinafter called DEVELOPER, and David J. and Luane Dean, whose address is 1890 E. Dunwoody Court, Meridian, ID 83646, hereinafter called OWNERS. 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted an application for annexation and zoning of 31.06 acres of land to the R-4 (Medium Low Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the annexation and zoning on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of govermilent, subdivisions providing DEVELOPMENT AGREEMENT —THREE CoRNERs RANCH (H-2019-0006) PAGE 1 OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 2 1 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 2 2 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 2 3 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 2 4 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 2 5 o f 7 9 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: Sweet Land Development, Inc. 0=501091:, CITY OF MERIDIAN By: Mayor Tammy de Weerd STATE OF IDAHO ss: County of Ada, a�'� LuAne Dean ATTEST: SEAL- ,4 ` P� of the 11!<-_ On this da of , 2019, before me, the undersigned, a Notary Publiin and for said State, personally appeared .Lr _ t G cT n o-r� known or identified tome to be the A,� s k(C1en of Sweet Land Development, Inc., and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. jW I WIC' NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cerWrtio €ifs®Po,written. N NOTARY �(SfAL) PUBLIC let 114, a Commission Notary Public for Idaho 31520 _ Residing at:"wi My Commission - My Commission Expires• — ExpireMar 1. 2023 O ; i,��qr 1 p`2``,• STATE ����JId ) DEVELOPMENT AGREEMENT—THREE CORNERS RANCH (H-2019-0006) PAGE 7 OF 8 ss: County of Ada, ) On this LWay of (3r-fo,] CC , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared David J. Dean known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. %% FRIFpF N NOTARY �iC'� PUBLIC Commission # 31520 My Commission Expires Mar 1. 22023 ss: County of Ada, Notary Public for Idaho �� � Residing at:-nI Q,t,� �.. _. i "ICtc� My Commission Expires:& - l —,Z'3 On this _ day of Orjo k, r , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Luane Dean known or identified to me to be the person who signed above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) : ss Notary Public for Idaho Residing at: -t Y1 CU�[ �U My Commission Expires: -3 ! .3 County of Ada n ) I -` On this 22 day of rtjlo�r , 2019, before me, a Notary Public, personally appeared Tammy de Weerd and Chris Johnson, know or identified to me to be the Mayor and Clerk, respectively, ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 W NotaryPublic r dah Residing Residing at. Commission expires:S- a r30 DEVELOPMENT AGREEMENT — THREE CORNERS RANCH (H-2019-0006) PAGE 8 OF 8 EXHIBIT A Three Corners Ranch H-2018-0006 Annexation and Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda October 22, 2019 – Page 328 of 793 EXHIBIT A Three Corners Ranch H-2018-0006 Meridian City Council Meeting Agenda October 22, 2019 – Page 329 of 793 EXHIBIT A Three Corners Ranch H-2018-0006 Meridian City Council Meeting Agenda October 22, 2019 – Page 330 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0006 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 31.06 acres of land with the R-4 zoning district and Preliminary Plat consisting of 45 building lots and 9 common lots, by Sweet Land Development, Inc. Case No(s). H-2019-0006 For the City Council Hearing Dates of: June 25, and July 16, 2019 (Findings on August 6, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 16, 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 August 6, 2019 – Page 240 of 400 EXHIBIT A Meridian City Council Meeting Agenda October 22, 2019 – Page 331 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0006 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 16, 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 and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 16, 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. A modification to the development agreement may be initiated prior to signature of the Meridian City Council Meeting Agenda August 6, 2019 – Page 241 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 332 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0006 - 3 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 16, 2019. Meridian City Council Meeting Agenda August 6, 2019 – Page 242 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 333 of 793 By action of the City Council at its regular meeting held on the day of t' t 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED y( COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD. VOTED TIE BREAKER) Mayor Tammy de Weerd Attest: irvof oChrlSO City Clerk z B IDI h Ci Ak0 F Copy served upon Applicant, Coy , it Development Department, Public Works Department and City Attorney. 6By: Dated: --8 -(m- Ci erk' dice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0006 ^fv1rec r-ot-n v -s - 4 - Meridian City Council Meeting Agenda October 22, 2019 – Page 334 of 793 EXHIBIT A Page 1 HEARING DATE: 7/16/2019 Continued from June 25, 2019) TO: Mayor & City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0006 Three Corners Ranch LOCATION: 1890 E. Dunwoody Ct., in the NW ¼ of Section 29, Township TN., Range 1E. I. PROJECT DESCRIPTION Annexation and zoning of 31.06 acres of land with an R-4 zoning district; Preliminary plat consisting of forty-five (45) single-family residential building lots, and nine (9) common lots; and a private street application. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda August 6, 2019 – Page 244 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 335 of 793 Page 2 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 31.06 Future Land Use Designation Low Density Residential (LDR) Existing Land Use Single-family residence on approximately 2 acres and approximately 28 undeveloped acres Proposed Land Use(s) Single-family residential Current Zoning RUT Proposed Zoning R-4 Lots (# and type; bldg/common) 52 (45 building/6 common, 1 private street) Phasing plan (# of phases) 1 Number of Residential Units (type of units) 45 SFR Density (gross & net) 1.45 gross du/acre; 2.01 net du/acre Open Space (acres, total [%] / buffer / qualified) 3.11 acres (10%) Amenities 1.26 acre open space/park, basketball court, sitting area, micropathways Physical Features (waterways, hazards, flood plain, hillside) The Karnes Lateral bisects the site Neighborhood meeting date; # of attendees: October 23, 2018 - 18 attendees; October 29, 2018 - 44 attendees NOTE: The applicant has met with residents in the area on multiple occasions after the above noted dates to discuss different site layouts and to receive feedback regarding design iterations. History (previous approvals) N/A Meridian City Council Meeting Agenda August 6, 2019 – Page 245 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 336 of 793 Page 3 B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) Yes 39 ACHD Commission Action yes/no) Yes – Meeting held on March 27, 2019 Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Public access is proposed via N. Sweet Valley Ave. connecting to N. Shandee Dr. (N. Shandee Dr. will be limited to right-in, right-out access when E. Chinden Blvd. is expanded to four lanes; the access will be closed when Chinden is expanded to six lanes) Traffic Level of Service Stub Street/Interconnectivity/Cross Access Five (5) stub streets from existing residential subdivision are currently constructed; One (1) public street is proposed (N. Guiness St.) via one (1) of the existing stubs – N. Sweet Valley to the northwest, to connect to N. Shandee Dr. One (1) private street is proposed (W. Barclay Ln.) via one (1) of the existing stubs and utilizing the existing frontage to the Dunwoody Subdivision – E. Dunwoody Ct. to the west and W. Barclay St. to the east Two (2) existing stub streets are proposed to terminate N. Dvorak Ave. to the south and W. Barclay St. to the east. Existing Road Network Proposed Road Improvements Construction of public road to connect N. Sweet Valley Dr. with N. Shandee Dr. Construction of a private road to provide access to all proposed homes from W. Barclay St. and E. Dunwoody Ct. Distance to nearest City Park (+ size) 1.30 miles to Champion Park (~6 acres, Meridian Park) 0.50 miles to Charles McDevitt Park (~39 acres, Boise Park) Fire Service 32 Distance to Fire Station +/- 1.25 miles from Fire Station No. 3 Fire Response Time 5 minutes (under ideal conditions) Resource Reliability 80% (does not meet target goal of 85% or greater) Risk Identification 1=residential Accessibility Project meets all required road widths and turnarounds. There shall be no parking allowed on either side of the proposed 26’ streets. All streets shall be signed “No Parking Fire Lane” per International Fire Code Sections 503.3 and D103.6. Curbing for any private street shall be painted red with “No Parking Fire Lane” stenciled in white paint. Electric gates shall have a Knox key operated switch in addition to opticom sensors. Special/resource needs Project will not require an aerial device. Water Supply 1000 gal./minute for 2 hours required Other Resources Police Service 36 Distance to Police Station 5 miles Meridian City Council Meeting Agenda August 6, 2019 – Page 246 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 337 of 793 Page 4 Description Details Page Police Response Time 6 minutes (2 minutes higher than average response time in Meridian) Calls for Service Between 1/1/2018-12/31/2018 PD responded to 111 calls for service within a mile of the proposed development. of calls for service split by priority See PD comments in Section VIII. D Accessibility Emergency access will need to be provided using either a Key Pad Code, Opticom Sensor and/or Knox Box Specialty/resource needs None Crimes 368 Crashes 20 Other Reports All qualified open space provided in the development to include all amenities must be in an open area in order to allow for natural surveillance opportunities of public areas. Pathways and landscaping should not create hiding spots or blind spots to promote criminal opportunities. West Ada School District 38 Distance (elem, ms, hs) River Valley Elementary: +/- 2 miles Heritage Middle School: +/- 1.25 miles Rocky Mountain High School: +/- 2 miles Capacity of Schools River Valley Elementary: 650 Heritage Middle School: 1,000 Rocky Mountain High School: 1,800 of Students Enrolled River Valley Elementary: 495 Heritage Middle School: 1,254 Rocky Mountain High School: 2,448 Other notes Current over enrollment at the schools this development would impact. Wastewater 29 Distance to Sewer Services +/- 93 Ft. Sewer Shed North Slough Estimated Project Sewer ERU’s 45 WRRF Declining Balance 13.56 MGD Project Consistent with WW Master Plan/Facility Plan Yes Impacts/Concerns Fill will be required to maintain minimum cover on lines B, C and D. Finish grade has not been shown. Water 29 Distance to Water Services 0 Ft. Pressure Zone 3 Estimated Project Water ERU’s See Application Info. Water Quality Concerns None Project Consistent with Water Master Plan Yes Impacts/Concerns This development shall not connect across the pressure zone boundary to the north as proposed. Instead, the development will need to build a proportionate length of a future second connection to N. Locust Grove Road. Grocery Store +/- 0.80 miles to Albertsons on Eagle Rd. Others)…. +/- 0.60 miles to Target on Eagle Rd. Meridian City Council Meeting Agenda August 6, 2019 – Page 247 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 338 of 793 Page 5 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Sweet Land Development, Inc. 1990 S. Cole Road Boise, ID 83709 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda August 6, 2019 – Page 248 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 339 of 793 Page 6 B. Owner: David J. and Luane Dean 1890 E. Dunwoody Court Meridian, ID 83646 C. Representative: Marcel Lopez, Conger Management Group 4824 W. Fairview Ave. Boise, ID 83706 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 4/26/2019 5/31/2019 Radius notification mailed to properties within 300 feet 4/23/2019 5/30/2019 Radius notification published on 5/5/2019 6/14/2019 Nextdoor posting 4/23/2019 5/30/2019 V. STAFF ANALYSIS The proposed annexation area is contiguous to City annexed property to the northwest and south, is within the Area of City Impact Boundary, abuts Boise City limits to the east, and Ada County to the west. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. The subject site is a 31-acre infill property located amongst several existing Meridian, Boise and Ada County subdivisions (see Exhibit VII.F). The site has five (5) abutting stub streets that were installed with the development of previous subdivisions with the intention of future extension; the site also has 50-feet of frontage along E. Dunwoody Ct. to the west. With so many potential stub streets, connectivity and points of access have been greatly discussed by residents, City Staff, ACHD and the applicant. The ACHD Commission heard the Three Corners Ranch Project at their March 27, 2019 Commission hearing and has approved the plan presented with the subject application (see Section VIII.G). Although the subject application’s layout has been approved by ACHD, City Code and the Comprehensive Plan contradict aspects of the present layout. Staff has provided a list of recommended changes below, further analysis is available throughout this report. In accord with the Comprehensive Plan and several UDC policies, City Staff is recommending the following changes to the Three Corners Ranch Subdivision plat dated 4/16/2019: Provide additional connectivity by extending the proposed public road (W. Guiness St.) to the east to connect with N. Stafford Pl. Meridian City Council Meeting Agenda August 6, 2019 – Page 249 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 340 of 793 Page 7 Extend a north/south private street that aligns with the N. Shandee Drive intersection to increase connectivity for the subject development and to break-up the block face. Provide five-foot sidewalk along both sides of N. Guiness St. Provide a ten-foot common lot with landscaping to buffer lots adjacent to N. Guiness St. to mitigate “through lots” ( lots double-fronting roads). A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) Low Density Residential (LDR) – LDR designated areas allow for the development of single- family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three (3) dwelling units or less per acre. The applicant is proposing 45 building lots and nine (9) common lots within the 31-acre site. The proposed gross density is 1.45 du/acre while the net density is 2.01 du/acre, which within the target density for LDR. Staff is of the opinion the requested annexation with the R-4 zoning district and proposed development is generally consistent with the LDR FLUM designation for this site and is appropriate for this site. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): 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) Services to this area are available and can be reasonably provided since the MFD and MPD are already servicing the area. Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) This site is located approximately ¼ mile south of E. Chinden Blvd. (US 20/26), a heavily used state highway system. In an effortto decrease thenumber of single-family residences using this and other arterial roadways close to the development (N. Locust Grove Rd. and N. Eagle Rd.) the City and transportation authorities (ITD and ACHD) should work with the applicant to preserve necessary transportation corridors by providing connectivity via local roadways. Staff’s recommendation to continue the public roadway through N. Stafford Pl. will further this goal by increasing interconnectivity and minimizing a direct cut-through route. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The proposed development includes pedestrian connectivity through four (4) internal micropathways and attached sidewalk along one (1) side of the proposed public road. Staff is recommending the applicant extend W. Guiness St. east to connect with N. Stafford Pl. which will eliminate the currently proposed micropathway along the north boundary of the development. However, public streets are required to provide sidewalk along both sides; as such, the extension of the public road would increase both pedestrian and vehicular connectivity. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) Meridian City Council Meeting Agenda August 6, 2019 – Page 250 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 341 of 793 Page 8 This development is an ideal candidate to utilize existing stubbed roadways to provide connections that are currently lacking in the area. The applicant is currently proposing to extend the existing stub at N. Sweet Valley Ave. to the east to connect with N. Shandee Dr. (W. Guiness St.). Staff is recommending the applicant extend W. Guiness St. to connect with N. Stafford Dr. to provide a westerly connection for the Bristol Heights neighborhood without requiring residents to access N. Eagle Rd. and/or E. Chinden Blvd. Although staff would prefer to see all five (5) stub streets extended, believes the connectivity added by extending the public road to N. Stafford Dr. will meet the intent of the UDC and Comprehensive Plan. With the extension of Guiness Street to the east, the proposed block face would exceed the 1,200 linear feet and would not be eligible for City Council waiver. Therefore, staff recommends the applicant extend a north/south private street that aligns with the N. Shandee Drive intersection to break up the block face in accord with UDC standards and to provide additional accessibility to the future residents of Three Corners Ranch. Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) This site has the opportunity to connect various existing subdivisions located in the City of Meridian, Ada County and the City of Boise to the north, south, and east to enhance neighborhood connectivity and increase traffic flow by alleviating the need to access via arterial roads (N. Locust Grove Rd., E. Chinden Blvd., and N. Eagle Rd.). The proposed public road (W. Guiness St.) will only provide connection to N. Shandee Dr.; if W. Guiness St. was extended to the east to connect to N. Stafford Dr., residents within the area would be able to travel east and/or west without accessing E. Chinden Blvd. or N. Eagle Rd. This connection is especially important since two (2) existing stub streets to the east (W. Barclay St.) and south N. Dvorak Ave.) are not proposed to extend. Further, if the roadway is not extended, connecting N. Shandee Dr. with N. Sweet Valley Ave. would create a long dead-end street between the Fuller Ranchettes and Three Corners Subdivisions when constructed at full build- out. UDC 11-3F-4A-5 prohibits private streets ending in cul-de-sacs to be longer than 450- feet. Extension of W. Guiness to the east would create an additional access point, eliminating the potential for a long dead end cul-de-sac on Shandee. Encourage infill development.” (3.04.02B) This site is located amongst several existing and established residential subdivisions located in Meridian City, Ada County and Boise City. The applicant developed Three Corners Subdivision to the northwest of the subject site in 2007 and plans to continue a similar type of development into the subject site. Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.” (3.07.02B) The applicant has proposed a public roadway through part of the north portion of the site and has proposed to construct five-foot attached sidewalk on the north side. Staff is recommending the applicant provide five-foot sidewalk along the south side of the public road to increase consistency with this action item and the requirements of the UDC. To mitigate the occurrence of through lots adjacent to W. Guiness St., staff recommends a 10 -foot landscape buffer in a common lot be required at the north boundary of Lots 8-15 and Lot 19, Block 1. Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) Pedestrian access is proposed via micropathways located throughout the central part of the site, connecting to the proposed park amenity. Sidewalk located along the proposed public Meridian City Council Meeting Agenda August 6, 2019 – Page 251 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 342 of 793 Page 9 road will allow residents within this and other subdivisions the option to walk to services or open space, such as the Charles McDevitt Park located approximately ½ mile to the south of the development. There is currently a micropathway proposed along the northern part of the site adjacent to existing subdivisions (Fuller Ranchettes Sub. and Bristol Heights); staff is recommending this pathway be replaced with a public road to further connect the aforementioned neighborhoods and residents. Staff is recommending five-foot sidewalk be provided along both sides of the public street, in accord with UDC standards, which will provide pedestrian connectivity where the current pathway is proposed. Provide housing options close to employment and shopping centers.” (3.07.02D) Since this area is an infill piece, it is located in close proximity to many existing services, shopping centers and employment options. Require common area in all subdivisions.” (3.07.02F) The proposed development includes a centrally located 1.26 acre open space/park, basketball court, sitting area, and micropathways. Common areas are accessible via several pathway connections throughout the subdivision. 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) With a gross density of 1.45 du/acre and an average lot size of ½ acre, the proposed development is providing large, estate lots not abundant in Meridian. The proposed development provides a choice not widely available but highly sought after for residents. C. Existing Structures/Site Improvements: There is one (1) existing home on this site that is not going to be removed and is located on proposed Lot 19, Block 1. The structure proposed to remain meets the required setbacks of the R- 4 zoning district; any additions to the lot will be subject to R-4 zoning district dimensional standards. Any remaining structures aside from the home on Lot 19, Block 1 shall be removed prior to signature on the final plat by the City Engineer. D. Proposed Use Analysis: The applicant proposes to construct 44 single-family detached dwellings with one (1) existing home to remain at the northwest portion of the site, with seven (7) common lots, one (1) of which is a private street. Single-family detached dwellings are listed as a principally permitted use in the R-4 zoning district per UDC Table 11-2A-2. The private street is proposed to serve all homes within the development and is gated more than 50-feet back from the two (2) proposed access points (E. Dunwoody Ct. and W. Barclay St.), in accord with UDC 11-3F-4A-4f. E. Dimensional Standards (UDC 11-2): This development is subject to the R-4 zoning district dimensional standards in UDC Table 11- 2A-5 (see below). Buildable lots range in size from approximately 11,000 square feet to approximately 96,000 square feet, with an average lot size of 23,500 square feet, exceeding the UDC minimum dimensional standard of 8,000 square feet per dwelling unit. Lots 13-15, Block 1 have frontage on two (2) streets (W. Guiness St. and E. Commander Ln.); UDC 11-6C-3A.1 prohibits through lots. These lots shall be limited to one (1) street access via E. Commander Ln. Additionally, to alleviate the issue, a ten-foot common lot should be added to buffer the residences from traffic. If W. Guiness St. is extended to the east as staff is Meridian City Council Meeting Agenda August 6, 2019 – Page 252 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 343 of 793 Page 10 recommending, the resulting block length will exceed that allowed by the UDC. To mitigate this, staff recommends the applicant construct a private street extending from E. Commander Ln. to W. Guiness St.; this road will also provide future residents within Three Corners Ranch an access to the north. F. Access (UDC 11-3A-3, 11-3H-4): This site has frontage to an existing Ada County subdivision via E. Dunwoody Ct. and has stub streets positioned at five (5) locations adjacent to the subject site: three (3) to the north via N. Sweet Valley Ave., N. Shandee Dr. and N. Stafford Pl.; one (1) to the east via W. Barclay St.; and one (1) to the south via N. Dvorak Ave. The applicant is proposing to extend one (1) of those stubs (N. Sweet Valley Rd.) with a public street (W. Guiness St.) connecting to N. Shandee Dr. The Fuller Ranchettes Subdivision (an Ada County subdivision) is currently served by N. Shandee Dr. which presently has full access to E. Chinden Blvd. However, N. Shandee Dr. will be restricted to a right-in/right-out access when Chinden is expanded to five (5) lanes in 2020, and will be closed when Chinden is eventually expanded to six (6) lanes. The extension of N. Sweet Valley Ave. to N. Shandee Dr. will benefit the Fuller Ranchettes Sub. in the short term, but staff has concerns that this road will become a dead end loop with Three Corners and the Fuller Ranchettes Subdivision upon closure of E. Chinden Blvd.; in violation of UDC 11-6C-3B.4. The applicant has proposed a private street (W. Barclay Lane) with gates to the east and west bisecting the subdivision and connecting with E. Dunwoody Ct. and W. Barclay Ln. This gated private street will limit the amount of cross-traffic and connectivity through the center of the subdivision and increases the need for a connected public street on the north boundary of the site. To increase connectivity of the proposed development with existing subdivisions to the north, staff is recommending the applicant construct a private street in lieu of a proposed micropathway, extending north from E. Commander Ln. to W. Guiness St. to align with N. Shandee Dr. This private street will provide an additional connection for future residents within the Three Corners Ranch subdivision and will also provide a break in block length if staff’s recommendation to extend W. Guiness St. to the east is required. G. Subdivision Standards (UDC 11-6C-3) Lots 13-15, Block 1 have frontage on two (2) streets (W. Guiness St. and E. Commander Ln.); UDC 11-6C-3A.1 prohibits through lots. With the recommended extension of W. Guiness St. additional through lots (Lots 8-12, Block 1) shall comply with these standards, the applicant is required to construct five-foot sidewalk and install a ten-foot wide common lot on both sides of W. Guiness St. in accord with UDC 11-3B-7C. H. Private Streets (UDC 11-3F-4) Private streets are required to be constructed on a perpetual ingress/egress easement or a single- platted lot that provides access to all properties served by such private street; preferably a lot when the property is being subdivided as is the case with this application. The proposed private street has been included as a common lot (Lot 1, Block 1) to be maintained by the Three Corners Ranch Subdivision HOA in accord with UDC standards. A draft private road maintenance agreement has been submitted with the subject application. All drive aisles are required to be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. The proposed private streets are 26 feet in width as shown on the private road section shown on the preliminary plat site plan in Section VII.B. Meridian City Council Meeting Agenda August 6, 2019 – Page 253 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 344 of 793 Page 11 The applicant is proposing to install two (2) gates to restrict vehicular movement to the private street to those who live within that area of the development. Proposed gates are subject to the design standards in UDC 11-3F-4A. The gates are proposed to be located approximately 50-feet back from the west entrance and approximately 80-feet back from the east entrance along W. Barclay Ln.; the submitted plan meets the design standards as listed in UDC 11-3F-4A. Staff recommends the applicant construct an additional private street from E. Commander Ln. extending north/south to connect with W. Guiness St. The entrance to that private street will be required to be gated, in accord with the standards in UDC 11-3F-4. Access to the gates for emergency vehicles shall be coordinated with the Meridian Fire and Police Departments. Compliance with all other Private Streets standards listed in UDC 11-3F-4 is required. As mentioned in Section F above, the current layout connecting N. Shandee Dr. with N. Sweet Valley Ave. would result in a block length exceeding that allowed by the UDC when N. Shandee Dr. is no longer able to access E. Chinden Blvd. Staff’s recommendation to extend W. Guiness St. to N. Stafford Pl. will eliminate that conflict. I. Parking (UDC 11-3C): Parking for single-family dwellings is required based on the number of bedrooms per unit. For 2-, 3- or 4-bedroom single-family units, a minimum of 4 spaces are required per unit with at least 2 of those in an enclosed garage, the other spaces may be enclosed or in a minimum 10’ x 20’ parking pad. All roadways within the development are shown as 26- or 27-feet of driveable surface. Per the Meridian Fire Department, there shall be no parking permitted on either side of the proposed streets. All streets shall be signed “No Parking Fire Lane” per International Fire Code. J. Pathways (UDC 11-3A-8): Pedestrian micropathways are proposed throughout the development (Lots 11, 25, and the northern part of 45, Block 1) for internal connectivity and connectivity with adjacent developments in accord with UDC 11-3A-8 and the Comprehensive Plan (action item #3.03.03B referenced above). 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. Landscaping within Lots 11 and 25, Block 1 is proposed in accord with these standards. The proposed pathway within the northern part of Lot 45, Block 1 appears to be substantially in compliance with these requirements; however the applicant should verify that 5-feet of landscaping is provided along the western side of the micropathway. K. Sidewalks (UDC 11-3A-17): Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A 5-foot wide detached sidewalk is proposed to be constructed along one (1) side of W. Guiness St., the local public street proposed to connect from N. Shandee Drive to N. Sweet Valley Ave. The applicant shall provide sidewalk on both sides of the proposed public street in accord with UDC 11-3A-17D. A revised plat and landscape plan reflecting this requirement shall be submitted to the Planning Division ten (10) days prior to the City Council hearing. Staff is recommending the applicant extend the proposed public road to the east to connect with N. Stafford Pl., if that extension is required, 5-foot sidewalk shall be required. Meridian City Council Meeting Agenda August 6, 2019 – Page 254 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 345 of 793 Page 12 L. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11 -3A- 17E. Eight-foot wide parkways are proposed along one side of the proposed private street bisecting the development (W. Barclay Ln.) within the development and are landscaped in accord with UDC standards. M. Landscaping (UDC 11-3B): 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. The proposed landscape plan is in compliance with these standards. 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. The proposed landscape plan reflects these requirements. Parkways are required to be landscaped per the standards listed in UDC 11-G-3B.5. 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 landscape plan indicates all existing trees are volunteer species and do not require mitigation, the applicant shall coordinate with Elroy Huff, City Arborist to confirm. N. Qualified Open Space (UDC 11-3G): A minimum of 10% (3.1 acres) qualified open space is required; a total of 3.11 acres (or 10%) is proposed consisting of a 1.26-acre neighborhood park, micropathways, and pocket parks. O. Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required; the applicant has proposed several amenities from each of the three categories (i.e. quality of life, recreation, and pedestrian or bicycle circulation system) as follows: additional 20,000 open space (i.e. 1.26 acre park), a sports court (i.e. basketball), and internal pathways and micro-paths (See Exhibit C in Section VII.) P. Waterways (UDC 11-3A-6): The Karnes Lateral crosses this site and is proposed to be piped. The applicant shall coordinate with the Settlers Irrigation District and the Karnes Lateral regarding requirements (see Section VIII.I below). Per UDC 11-3A-6, any irrigation easement greater than 10-feet in width must be placed in a minimum 20-foot wide common lot unless otherwise approved by City Council. The plat indicates an easement adjacent to Lot 20, Block 1 and crossing through Lots 31, 32, 33, 36 and 41, Block 1. The applicant shall clarify the width of the irrigation easement during the Commission hearing May 16th and shall depict the easement on the preliminary plat prior to the Council hearing. Q. Fencing (UDC 11-3A-6, 11-3A-7): Five-foot tall black wrought iron fencing and four-foot tall solid vinyl privacy fence is proposed along the rear of building lots and adjacent to common areas that are visible from the street in accord with UDC standards. The landscape plan uses the same symbol to indicate both fencing Meridian City Council Meeting Agenda August 6, 2019 – Page 255 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 346 of 793 Page 13 styles, the applicant shall denote the different styles proposed for common areas and building lots with the revised landscape plan prior to the City Council hearing. R. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. S. 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. T. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required. In addition, 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. U. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the future custom homes within this development. Building materials consist of stucco, hardy plank and board-and-batten siding with some stone accents (see Exhibit E in Section VII.). Homes will be single-story and two-story in height, and will range in size from a minimum of 1,400 square feet and above depending on resident needs and preferences. V. Public Testimony Several residents in the vicinity have been expressing thoughts and concerns related to the proposed project from the time of application submittal in January 2019 via in-person and phone conversations and written testimony submitted to the public record. Written testimony was received from residents within the Dunwoody, Three Corners, and Bristol Heights Subdivisions. In an effort to communicate their concerns, staff has grouped and summarized written testimony received below: Dunwoody Subdivision to the west – Concerns related to the nature and condition of the existing County roadway (E. Dunwoody Ct.) and potential negative impacts related to increased traffic, safety of pedestrians and children. A couple of residents did express their desire for connectivity, specifically through the existing Three Corners Subdivision to the northwest of the proposed development. Bristol Heights Subdivision to the east – Concerns regarding an entrance via W. Barclay St. specifically in relation to construction related traffic and as the primary entrance to the subdivision. Concerns regarding increase in traffic, many residents noted that the Bristol Heights Subdivision is already used as a “cut-through” for vehicles traveling eastbound on Chinden. One resident did feel that there should be an opportunity for eastbound traffic via Barclay St., however did not feel the primary entrance should be through Barclay. Another family expressed their desire for the primary entrance to be through E. Dunwoody Ct., for a simpler traffic pattern with existing stub streets, and concern regarding the “closed island blockade” nature of the proposed development. Three Corners Subdivision to the north – Concerns regarding creating a full-access road between the existing Three Corners Subdivision and the Ambrose School, specifically related to added congestion and traffic, and potential impact on the safety of students, faculty and Meridian City Council Meeting Agenda August 6, 2019 – Page 256 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 347 of 793 Page 14 pedestrians in the area. Concern regarding “pass-through” traffic from adjacent neighborhoods created by locating an entrance at N. Sweet Valley Dr. VI. DECISION A. Staff: The legal description submitted with the annexation application shows the boundaries of the property contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The proposed density (1.45 units/acre) of the subdivision is consistent with that desired in LDR designated areas. Common open space and site amenities are centrally located within the development and meet the minimum required standards. Pathways provide pedestrian connections to the internal central common area through the development and to adjacent properties. Although the Comprehensive Plan and the UDC support extension of the five (5) stub streets, staff recommendations for additional connectivity, as noted above, meets the intent of the UDC and Comprehensive Plan policies. For these reasons, staff recommends approval of the proposed AZ, PP, and PS applications with the requirement of a Development Agreement per the provisions in Section VIII. B. Commission: The Meridian Planning & Zoning Commission heard these items on May 16, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Hethe Clark, applicant’s representative; Brett Aescbacher; Renee Jessome; Steve Ryser; Kevin Krafft b. In opposition: Matt Howard; Ted Dawson; Tori Lewis; Deb Lewis; Tracy Younger; Greg Bengtzen; Cindy Breckel; Lisa Kukuk; Elizabeth Miller; Troy Bergastrand; Gary Collenboene; Marilyn Bell; Donna Wheeler; Brandon Wilding; Doug Clark; Geoff Johnson; TJ Bliss; c. Neutral: Anthony Adinolfi; Tricia Trofast; John Trofast; Wilson Miller; Trina Buckalew; Matthew Hands; Richard Jackson; Doug Racine; David Arnett; Shelly Arnett; William Albert; Patrick Pfeifer; Carlos Bittencourt; Sherry; d. Commenting: Kendra Neely, representing Three Corners Subdivision; Debra Jurgens; Mona Tippets, representing Dunwoody Subdivision; Ben Kneadler, representing Fuller Ranchettes; Joe LaGue, representing Bristol Heights; Tyler Lewis; Kelly Barbour; Jeff Lowe; Mark Miller; Jon Ostlund; Martha Bergstrand; John French; Brian Granvall; Lori Lewis; Jeanette Johnson; Darin Jurgensmeier; Andrew Davis; John Stigile; Ilse Herrera; Linsy Heiner; e. Written testimony: 46 written records of public testimony (see summary in Section V above); f. Staff presenting application: Stephanie Leonard; g. Other Staff commenting on application: Bill Parsons; 2. Key issue(s) of public testimony: a. Support of ACHD Commission recommendation, opposition to staff’s recommended changes due to concerns related to safety and congestion resulting from increased traffic and potential for cut-through traffic through all adjacent subdivisions; Meridian City Council Meeting Agenda August 6, 2019 – Page 257 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 348 of 793 Page 15 b. Concern regarding access via Dunwoody Ct. specifically related to increase in traffic on rural/unimproved roadway, lack of street lights and sidewalks, safety of children and residents, high concentration of vehicular trips due to two points of access, gate access and turnaround options, possibility for third access point, impact on irrigation and open space lots to east of three (3) Dunwoody residents; c. Concern regarding increase in traffic through Three Corners Subdivision and the Ambrose School campus; d. Extension of existing stub streets, importance of connectivity through area for long term; e. Close nature of ACHD Commission’s decision regarding proposed plat; 3. Key issue(s) of discussion by Commission: a. Proposed pedestrian connection extending east from end of W. Guiness St. along northeast part of site; b. Location of turnaround for gated entrance via E. Dunwoody Ct.; c. Extension of proposed public road (W. Guiness St. to connect with N. Stafford Pl.) to the east, in lieu of proposed pedestrian connection; d. Extension of a north/south private street from E. Commander Ln. to W. Guiness St. to align with N. Shandee Dr.; e. Block length of N. Shandee Dr. and W. Guiness St. (if required to be extended to the east to connect with N. Stafford Pl.; f. Low level of density proposed compared to potential density with another development; g. Concern regarding adequacy of E. Dunwoody Ct. to accommodate traffic from proposed development due to lack of lighting, sidewalks, signage, traffic calming, etc.; h. ACHD Commission decision and number of votes in favor/against; i. Concern regarding Sweet Valley Rd. connection to N. Shandee Dr. specifically in relation to possible cut-through traffic to Chinden Blvd., need for emergency access, timeframe of closure to Chinden; j. Request for further discussion about amenities and qualified open space provided with development; k. Provision of a third access point to alleviate the amount of traffic on E. Dunwoody Ct.; 4. Commission change(s) to Staff recommendation: a. Strike conditions #A.3c and #A.4c to remove the requirement to extend W. Guiness St. to the east to connect with N. Stafford Pl.; b. Modify condition #A.3d to include a provision that the gated private street will be engaged upon closure of the Shandee access to Chinden Blvd.; c. Add condition to require the gate on the west boundary to be moved closer to proposed development to accommodate a turn-around; 5. Outstanding issue(s) for City Council: a. Applicant was required to provide revisions to the proposed plat depicting the north/south private street, 5-foot sidewalks along the proposed public street, the Karnes Lateral, and a 10-foot wide landscape buffer north of Lots 13-15 and Lot 19, Block 1; b. Applicant met with Dunwoody residents about potential lighting and traffic calming measures as required by the Commission; c. Applicant met with Mark Miller (resident in Dunwoody) regarding irrigation system as required by the Commission; Meridian City Council Meeting Agenda August 6, 2019 – Page 258 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 349 of 793 Page 16 d. Applicant met with Staff to discuss potential amenity options as required by the Commission; e. Council needs to grant a waiver if the applicant proposes to locate the Karnes irrigation easement on buildable lots; C. City Council: The Meridian City Council heard these items on June 25, and July 16, 2019. At the public hearing, the Council voted to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Joe LaGue; Brett Aeschbacher; Kendra Neely; Marilyn Bell; Renee Jessome; Georia Petty; David and ShellyArnett; Lisa Kukuk and Brian Granvall b. In opposition: Jeff Wilding; Ben and Mona Tippetts; Sandra and Dick Anderson; Troy and Patricia Bergstrand; Linsy Heiner; Troy Bergstrand; Lori Lewis; Darin Jurgensmeier; Mark and Elizabeth Miller c. Commenting: Tyler Lewis; Monte Moore; Adam Lozano; Candice McHugh; Cindy Breckel; Justin Lucas; Dick Jackson; Jeanette Johnson; Remington Seely; Tori Lewis; Ron Santos; Mauri Lewis and Steve Swick d. Written testimony: 61 records total (45 received prior to Planning and Zoning Commission meeting; 25 received prior to City Council hearings) e. Staff presenting application: Stephanie Leonard and Bill Parsons; f. Other Staff commenting on application: Bill Parsons, Deputy Chief Bongiorno, Lieutenant Colaianni and Lieutenant Stokes 2. Key issue(s) of public testimony: a. Concern regarding adequacy of E. Dunwoody Ct. to accommodate traffic from proposed development due to lack of lighting, sidewalks, signage, congestion, etc.; b. Opposition to extension of W. Guiness St. to the east; c. Belief that additional accesses should be provided via existing stub streets outside of E. Dunwoody Ct.; d. Concern that the extension of a north-south road from E. Commander Ln. to W. Guiness St. could cause N. Shandee Dr. to act as a main entrance if constructed before the access to W. Chinden Blvd. is closed; e. f. Long-term implications of plan, whether timing is appropriate for property to annex; City approved developments integrating with County approved developments. 3. Key issue(s) of discussion by City Council: a. Amount of traffic and safety concerns regarding E. Dunwoody Ct. access, request for applicant to work with Dunwoody neighbors on off-site safety improvements; b. Availability of irrigation to existing users with proposed development, request for a revised plat depicting the location of the Karnes Lateral to verify the location of the lateral to determine if a waiver was needed to allow it to remain as an easement on the buildable lots in lieu of a common lot; c. d. e. Construction standards of Dunwoody Court if it were part of the development. Distinction between a rural street section and an urban local street section. Summation of the discussions between the Dunwoody homeowners and the developer. 4. City Council change(s) to Commission recommendation: a. b. Council struck condition of approval 3., which required the extension of the north/south private street extension. Council added DA provision c., improvements to E. Dunwoody Court, which requires the installation of 3 street lights, “No Parking” signage, striping travel lands and 8-foot wide pedestrian walkway on the south side and removal of site obstructing vegetation in ACHD right-of-way. Meridian City Council Meeting Agenda August 6, 2019 – Page 259 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 350 of 793 Page 17 c. Council granted the waiver to allow the Karnes Lateral to remain in an easement rather than a common lot on the affected buildable lots. Meridian City Council Meeting Agenda August 6, 2019 – Page 260 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 351 of 793 Page 18 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda August 6, 2019 – Page 261 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 352 of 793 Page 19 Meridian City Council Meeting Agenda August 6, 2019 – Page 262 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 353 of 793 Page 20 Meridian City Council Meeting Agenda August 6, 2019 – Page 263 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 354 of 793 Page 21 B. Preliminary Plat (date: 7/9/2019) Meridian City Council Meeting Agenda August 6, 2019 – Page 264 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 355 of 793 Page 22 C. Landscape Plan (date: 4/17/2019) Meridian City Council Meeting Agenda August 6, 2019 – Page 265 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 356 of 793 Page 23 Meridian City Council Meeting Agenda August 6, 2019 – Page 266 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 357 of 793 Page 24 Meridian City Council Meeting Agenda August 6, 2019 – Page 267 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 358 of 793 Page 25 D. Qualified Open Space Exhibit Meridian City Council Meeting Agenda August 6, 2019 – Page 268 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 359 of 793 Page 26 E. Staff’s Recommended Changes Extend W. Guiness St. to the east to connect with N. Stafford Pl. Replace pathway connection with private street extending north to south from E. Commander Ln. Meridian City Council Meeting Agenda August 6, 2019 – Page 269 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 360 of 793 Page 27 F. Surrounding Subdivisions Bristol Heights Boise) Fuller Ranchettes Ada County) Three Corners Meridian) Vienna Woods Meridian) Dunwoody Ada County) Meridian City Council Meeting Agenda August 6, 2019 – Page 270 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 361 of 793 Page 28 G. Conceptual Building Elevations Meridian City Council Meeting Agenda August 6, 2019 – Page 271 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 362 of 793 Page 29 Meridian City Council Meeting Agenda August 6, 2019 – Page 272 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 363 of 793 Page 30 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 building elevations included in Section VII and the provisions contained herein. b. The existing home proposed to be retained on Lot 19, Block 1 shall hook up to City water and sewer service within 60 days of it becoming available as set forth in UDC 9-1-4 and 9-4-8. The street address of this home will change as a result of this development. c. Applicant shall complete the following improvements to E. Dunwoody Court as follows: 1. Install three (3) street lights; 2. Install “No Parking” signs along both sides of the street; 3. Stripe the travel lanes and an 8-foot wide pedestrian walkway on the south side per ACHD standards; and 4. Remove vegetation within ACHD right-of-way that obstructs site lines along the roadway. 2. Site amenities shall be provided within the development per those described in Section VII.C. 3. The preliminary plat included in Section VII.B, shall be revised as follows: a. Depict the irrigation easement for the Karnes Lateral. If the easement is greater than ten 10) feet in width it shall be placed within a minimum twenty (20) foot wide common lot unless waived by City Council. City Council granted the waiver to allow the Karnes Lateral remain as an easement on the buildable lots as depicted on sheet PP2.0. b. Comply with private street standards per UDC 11-3F-4. c. Extend W. Guiness St. to the east to connect with N. Stafford Pl. d. Extend a north/south private street that aligns with the N. Shandee Drive intersection to increase connectivity for the subject development and to break-up the block face of W. Guiness St. Install a gate at least 50-feet back from the entrance at W. Guiness St. Phase installation to coincide with the closure of the current access to W. Chinden Blvd. from N. Shandee Dr. e. Provide five-foot wide attached sidewalk on both sides of the proposed public street in accord with UDC 11-3A-17D. Meridian City Council Meeting Agenda August 6, 2019 – Page 273 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 364 of 793 Page 31 f. Provide a ten-foot landscape buffer in a common lot at the north boundary of Lots 8 13- 15 and Lot 19, Block 1. g. Move the gate on the west boundary closer to the proposed development to accommodate a turn-around. Ten (10) days prior to the City Council hearing the applicant shall submit a revised plat reflecting the proposed changes. Meridian City Council Meeting Agenda August 6, 2019 – Page 274 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 365 of 793 Page 32 4. The landscape plan included in Section VII.C shall be revised as follows: a. Depict a five-foot wide attached sidewalk on both sides of the proposed public street in accord with UDC 11-3A-17D. b. Depict a ten-foot landscape buffer in a common lot be at the north boundary of Lots 8 13 -15 and Lot 19, Block 1. c. Extend W. Guiness Street to the east to connect with N. Stafford Pl. 5. Any remaining structures outside of Lot 19, Block 1 should be removed prior to signature on the final plat by the City Engineer. 6. Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2A-5. 7. Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 8. 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. 9. Comply with the sidewalk standards as set forth in UDC 11-3A-17. 10. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 11. Construct storm water integration facilities that meet the standards as set forth in UDC 11- 3B-11C. 12. Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G- 3B5 and 11-3B-7C. 13. 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. 14. 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. 15. Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 16. 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. 17. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 18. The project is subject to all current City of Meridian ordinances. 19. 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. Meridian City Council Meeting Agenda August 6, 2019 – Page 275 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 366 of 793 Page 33 20. The applicant shall have an ongoing obligation to maintain all pathways. 21. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 22. 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. 23. 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. 24. 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. 25. The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 26. 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. 27. 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 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 Each phase must be modeled as developed to ensure adequate fire flow. 1.3 Please make the following changes in regard to the water system design: 1. GIS shows existing water to south is 10-inch. Connect to the south with a 12- inch main. 2. Eliminate water main on Barclay Lane between Brigadoon Lane and Dvorak Lane. 3. Eliminate water main north of Commander Lane, but provide water main easement for potential future connection to N. Shandee Drive. 4. Construct 8-inch water main on Barclay Lane from Karen Lane to Dunwoody Court, and on Dunwoody Court from Barclay Lane 450-feet west on Dunwoody Court. (This development shall not connect across the pressure zone boundary to the north as proposed). 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 August 6, 2019 – Page 276 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 367 of 793 Page 34 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. 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 August 6, 2019 – Page 277 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 368 of 793 Page 35 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 August 6, 2019 – Page 278 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 369 of 793 Page 36 C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/161277/Page1.aspx Meridian City Council Meeting Agenda August 6, 2019 – Page 279 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 370 of 793 Page 37 Meridian City Council Meeting Agenda August 6, 2019 – Page 280 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 371 of 793 Page 38 Meridian City Council Meeting Agenda August 6, 2019 – Page 281 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 372 of 793 Page 39 Meridian City Council Meeting Agenda August 6, 2019 – Page 282 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 373 of 793 Page 40 D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/161912/Page1.aspx Meridian City Council Meeting Agenda August 6, 2019 – Page 283 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 374 of 793 Page 41 Meridian City Council Meeting Agenda August 6, 2019 – Page 284 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 375 of 793 Page 42 E. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/weblink8/0/doc/161616/Page1.aspx Meridian City Council Meeting Agenda August 6, 2019 – Page 285 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 376 of 793 Page 43 F. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/161948/Page1.aspx G. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/164215/Page1.aspx H. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/161579/Page1.aspx I. SETTLERS IRRIGATION DISTRICT http://weblink.meridiancity.org/weblink8/0/doc/162274/Page1.aspx J. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/161764/Page1.aspx K. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/161276/Page1.aspx Meridian City Council Meeting Agenda August 6, 2019 – Page 286 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 377 of 793 Page 44 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 and develop the subject 31.06 acre property with R-4 zoning consistent with the LDR designation, therefore Council finds the plan consistent with the provisions of the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the proposed map amendment and development complies with the purpose statement of the residential districts in that it will provide for housing opportunities on larger lots consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential use should be compatible with adjacent existing and future residential uses in the area. 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 City services are available to be provided to this development. The Meridian Fire and Police Departments currently serve this area, however, the School District has submitted comments, included in Section VIII, that currently show student enrollment is above capacity. 5. The annexation (as applicable) is in the best interest of city. Council finds the proposed annexation is in the best interest of the City if developed with the conditions in Section VIII of this report. 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) Council finds the proposed plat is in conformance with the comprehensive plan and is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. Meridian City Council Meeting Agenda August 6, 2019 – Page 287 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 378 of 793 Page 45 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. C. Private Street (UDC 11-3F-5) In order to approve the private street application, the director shall find the following: A. The design of the private street meets the requirements of this article; The design of the streets meets the standards as set forth in UDC 11-3F-4. B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and The Director, as authorized by the City Council, finds that the proposed private road network will not be a detriment to surrounding subdivisions (Fuller, Vienna Woods, Bristol Heights, Dunwoody and Three Corners). C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The proposed private street network does not conflict with the Comprehensive Plan as determined by the City Council. The private street network was supported by the ACHD Commission with the inclusion of pedestrian connectivity. D. The proposed residential development (if applicable) is a mew or gated development. (Ord. 10-1463, 11-3-2010, eff. 11-8-2010) The proposed development is a gated community in compliance with UDC 11-3F-4. Meridian City Council Meeting Agenda August 6, 2019 – Page 288 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 379 of 793 �/rE IDIAN?-DAHO CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 P Item Title: Approval of Purchase Order #20-0060 to Eidebailly For Fiscal Year 2019 Audit Services for the Not -to -Exceed Amount of $53,800.00 Meeting Notes: C✓ APPROUP I TEM SHEET C ouncil Agenda I tem - 5.P. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approval of P urchase O rder 20-0060 to E idebailly for F iscal Year 2019 Audit Services for the Not-to-Exceed Amount of $53,800.00. C ouncil Notes: No signature required, approval only. T hank you. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 10/17/2019 B udget Cover Memo 10/17/2019 UNS I G NE D P O# 20-0060 Cover Memo 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.Weatherly, A drienne Approved 10/17/2019 - 9:20 A M Meridian City Council Meeting Agenda October 22, 2019 – Page 380 of 793 Page 1 Memo To: Chris Johnson, City Clerk From: Sandra Ramirez, Buyer CC: Todd Lavoie; Keith Watts Date: 10/17/19 Re: October 22 nd City Council Meeting Agenda Item The Purchasing Division, on behalf of Finance Department, respectfully requests that the following item be placed on the October 22 nd City Council Consent Agenda for Council’s consideration. Approval of Purchase Order 20-0060, to Eidebailly for FY2019 Audit Services for the Not-to-Exceed amount of $53,800.00. Recommended Council Action: Approval of Purchase Order #20-0060 for FY19 Audit Services and authorize the Purchasing Manager to sign the Purchase Order for the Not-To-Exceed amount of $53,800.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda October 22, 2019 – Page 381 of 793 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 1500 - Finance Department 01 - General Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 55101 Audit & Accounting Services 54,999.96 0.00 54,999.96 100.00% Total OPERATING COSTS 54,999.96 0.00 54,999.96 100.00% TOTAL EXPENDITURES 54,999.96 0.00 54,999.96 100.00% Date: 10/9/19 11:06:21 AM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 382 of 793 ?il,IDIAN PUrChaSe Order 1ott1t2o1e Attention: Todd Lavoie Shipping Method: FOB: N/A Destination Pre-Paid 20-0060 53,800.00 $53,800.00 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN,TD 83642 (208) 888-4433 Vendor Address: EIDEBAILLY 877 WEST MAIN STREET SUITE 8OO BOISE, tD 83702-5858 Billing Address: Shipping Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 Finance Department 33 E. BroadwayAve Meridian, lD 83642 Description Unit Quantity Unit Price Total 20-0060 FY2019 Audit Services Dollar 53800.00 1.00 Purchase Order Total: Purchasing Manager: Special lnstructions PO for FY2O19 Audit Services Amendment NO10. Council approved 1Ot22t19 Not-to-Exceed $53,g00.00 O1-1500-55101Ticket#36964 I DAHO Meridian City Council Meeting Agenda October 22, 2019 – Page 383 of 793 �jWE IDIZIAN*,----- �J CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 Q Item Title: Approval of Purchase Order #20-0087 to Varsity Facility Services For Fiscal Year 2020 Janitorial Services for the Not -to -Exceed amount of $237,853.80 Meeting Notes: 9 APPROVEP I TEM SHEET C ouncil Agenda I tem - 5.Q. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approval of P urchase O rder #20-0087 to Varsity F acility S ervices for F iscal Year 2020 J anitorial S ervices for the Not-to-Exceed Amount of $237,853.80 C ouncil Notes: Approval only, no signature required. T hank you. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 10/17/2019 B udget R eport Cover Memo 10/17/2019 Requisition Cover Memo 10/17/2019 UNS I G NE D P O#20-0087 Cover Memo 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.Weatherly, A drienne Approved 10/17/2019 - 9:21 A M Meridian City Council Meeting Agenda October 22, 2019 – Page 384 of 793 Page 1 Memo To: Chris Johnson, City Clerk From: Sandra Ramirez, Buyer CC: Max Jensen; Keith Watts Date: 10/17/19 Re: October 22 nd City Council Meeting Agenda Item The Purchasing Department, on behalf of Public Works, respectfully requests that the following item be placed on the October 22 nd City Council Consent Agenda for Council’s consideration. Approval of Purchase Order #20-0087, to Varsity Facility Services for FY20 Janitorial Services for the Not-to-Exceed amount of $237,853.80. Recommended Council Action: Approval of Purchase Order #208-0087 for FY20 Janitorial Services and authorize the Purchasing Manager to sign the Purchase Order for the Not-To-Exceed amount of $237,853.80. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda October 22, 2019 – Page 385 of 793 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 1850 - City Hall 01 - General Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 52016 Janitorial 135,465.00 0.00 135,465.00 100.00% Total OPERATING COSTS 135,465.00 0.00 135,465.00 100.00% TOTAL EXPENDITURES 135,465.00 0.00 135,465.00 100.00% Date: 10/4/19 02:51:43 PM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 386 of 793 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2110 - Police Admin 01 - General Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 52016 Janitorial 54,867.00 0.00 54,867.00 100.00% Total OPERATING COSTS 54,867.00 0.00 54,867.00 100.00% TOTAL EXPENDITURES 54,867.00 0.00 54,867.00 100.00% Date: 10/4/19 02:53:15 PM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 387 of 793 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2170 - PD Training Center 01 - General Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 52016 Janitorial 14,826.96 0.00 14,826.96 100.00% Total OPERATING COSTS 14,826.96 0.00 14,826.96 100.00% TOTAL EXPENDITURES 14,826.96 0.00 14,826.96 100.00% Date: 10/7/19 08:31:28 AM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 388 of 793 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2210 - Fire Admin 01 - General Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 52016 Janitorial 12,335.88 0.00 12,335.88 100.00% 02211 FD Station 1 0.00 30.98 (30.98)0.00% Total OPERATING COSTS 12,335.88 30.98 12,304.90 99.75% TOTAL EXPENDITURES 12,335.88 30.98 12,304.90 99.75% Date: 10/7/19 08:40:28 AM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 389 of 793 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2290 - Fire Safehouse 01 - General Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 52016 Janitorial 507.96 0.00 507.96 100.00% Total OPERATING COSTS 507.96 0.00 507.96 100.00% TOTAL EXPENDITURES 507.96 0.00 507.96 100.00% Date: 10/7/19 08:39:58 AM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 390 of 793 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3400 - Water - Admin 60 - Enterprise Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 52016 Janitorial 5,760.00 0.00 5,760.00 100.00% Total OPERATING COSTS 5,760.00 0.00 5,760.00 100.00% TOTAL EXPENDITURES 5,760.00 0.00 5,760.00 100.00% Date: 10/7/19 08:32:07 AM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 391 of 793 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3500 - WW - Admin 60 - Enterprise Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 52016 Janitorial 24,987.00 0.00 24,987.00 100.00% Total OPERATING COSTS 24,987.00 0.00 24,987.00 100.00% TOTAL EXPENDITURES 24,987.00 0.00 24,987.00 100.00% Date: 10/7/19 08:33:09 AM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 392 of 793 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 5120 - Recreation Division 01 - General Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 52016 Janitorial 8,382.00 0.00 8,382.00 100.00% Total OPERATING COSTS 8,382.00 0.00 8,382.00 100.00% TOTAL EXPENDITURES 8,382.00 0.00 8,382.00 100.00% Date: 10/7/19 08:34:31 AM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 393 of 793 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 5130 - Homecourt Division 01 - General Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 52016 Janitorial 44,445.00 0.00 44,445.00 100.00% Total OPERATING COSTS 44,445.00 0.00 44,445.00 100.00% TOTAL EXPENDITURES 44,445.00 0.00 44,445.00 100.00% Date: 10/7/19 08:41:20 AM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 394 of 793 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 5210 - Parks Division 01 - General Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 52016 Janitorial 3,456.96 0.00 3,456.96 100.00% Total OPERATING COSTS 3,456.96 0.00 3,456.96 100.00% TOTAL EXPENDITURES 3,456.96 0.00 3,456.96 100.00% Date: 10/7/19 08:33:46 AM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 395 of 793 < cn z 0 O m �u-i m 0 -0 -0 < o p w U) w W - c� o O 1 O N 00 Cl) N O A W m W c x M m O z .. .. z7 D m m m z D Inn co A — -< O w (D O < J 6 W < � m � rn fl W J N W ry m m m n m -1. C: O • 6 n n o m N Q 0 D U Z O co io iv m io of w o 0 o w m x --I W cn (n cn cn (n cn 3 w m m (D (D m o Q O O` IT1 o w w w w w w g co p p y w m C- W U) C (' D o' o o' o' o 7 r: T w w w W W CD O 7 (] (D (D m 0 o0 3 n -�{ C) � cn -P, W N -`(D �W DQi -D�_- W = OO 2• D D m ?.a' 3 I� S.w �• 0 :3D C) t � m > D A=i (n Q7 =3 • m C� p W ! O N o < w c/) o O L w • w O W ' . O • U) C (D " N W � O P n • w 0 (o' ZD (n o mz m m N N N N N N N N N N N N N N N N N CO (fl (fl (fl ffi 0 (H EA (fl (A (n (n (n Cn EA (n (n CL ;a M _ D_ W W OD p V N U7 N A W V A 1 1 co -11 m m A N A A A O W W O O N N A A Ut 0 1 _A O O N (D V V V O D) 0o O 'n A (D m w W w U1 co V m w O (D O W N W U) 0 0 0 0 0 0 0 0 (D cn cnN m m +\ (7) cy) 0) O O O O U7 N N U7 U7 W CO W W N N N -' R1 0 N N N (.n Ui Un A Oo • - o� W O (D O (71 A -^� W -}� 171 -+ N 0 0 O 0 O 0 O 0 O 0 -4 0 --� 0 --` 0 U7 0 ZD c • O _ O z N m cn U7 m m m Ol m m Ul Ul m Ul 07 Ul N m N N N N N N N N N N N N N N N N N a O_ O_ O_ O_ O_ O_ O_ 21322 O O (2 O O O • n O O Q1 0 0 D) D7 (J) O) W W Q7 D) (J) 07 O CF) �\ • • m �c ,v x Z • in c_. - I c Wp W .7 cr tn(fl(nGn(»(n (»(n(D(nto(nto69(n(flGO N � (D W � A O � = co G N A W (D U1 W— 07 O CC) M N cn cn cn Ul V (D V W Du cn -FP V --` -A • W A M N O 1 O_ O_ O --� N (J) (D -+ -+ W D) A W Un . O Ul W �l p O PA QW p CD D7 D) d1 0 0 POPE A �l � A W N O W O N O O O O O O N N O O A O N < cn z 0 O m �u-i m 0 -0 -0 < o p w U) w W - c� o O 1 O N 00 Cl) N O A W m W c x M m O z .. .. z7 D m m m z D Inn co A — -< O w (D O < J 6 W < � m � rn fl W J N W ry m m m n m -1. C: O • 6 n n o m N Q 0 D U Z ?),(,IDIAN Purchase Order Attention: Max Jensen 1011612019 20-0087 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN,ID 83642 (208) 888-4433 Vendor Address: VARSITY FACILITY SERVICES 1575 HENTHORNE DRIVE MAUMEE, OH 43537 Billing Address: Shipping Address: Shipping Method: FOB: Unit Attn; Finance 33 E Broadway Ave Meridian, lD 83642 33 E BroadwayAve. Ste.200 Meridian, lD 83642 Quantity Contractor Destination Unit Price Total 20-0087 20-0087 20-0087 20-0087 20-0087 20-0087 20-0087 20-0087 20-0087 20-0087 20-0087 20-0087 20-0087 ]ooltar ]Dollar lDollar lDollar lDollar lro,,",, loo',r,. Dollar Dollar Dollar Dollar Dollar Dollar 101404.32 46179.00 1758.24 13440.60 5135.40 9564.12 3813.72 4916.28 2792.40 6969.60 726.00 501.60 50'1.60 101,404.32 46,179.00 1,758.24 13,440.60 5,'135.40 9,564.12 3,813.72 4,916.28 2,792.40 6,969.60 726.00 501.60 501.60 Description FY20 JanitorialSvcs. - CH 1850 FY20 Jantiorial Svcs - PD Admin - 2110 FY20 Janitorial Svcs - PD Kg Bldg - 2110 FY20 Jantiorial Svcs - PSTC - 2170 FY20 Janitorial Svcs - WaterAdmin - 3400 FY20 Janitorial Svcs - WW Admin Bldg - 3500 FY20 JanitorialSvcs - WW Controls Bldg - 3500 FY20 JanitorialSvcs - WW Lab - 3500 FY20 JanitorialSvcs - Lanark PK Maint Shop - 5210 FY20 Janitorial Svcs - Comm Cntr - 5120 FY20 Janitorial Svcs - Station 1 - 2210 FY20 Janitorial Svcs - Station 2 - 2210 FY20 Janitorial Svcs - Station 3 - 2210 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Purchasing Manager:, Special lnstructions PO toAmendment NO.4 dated 10t15119. Council approved 10t22t19 Not-to-Exceed $237,853.80 various depts. (see attachedrequisition). Ticket#36631 IDAHO Meridian City Council Meeting Agenda October 22, 2019 – Page 397 of 793 IAN Purchase Order Attention: Max Jensen 1011612019 20-0087 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN,ID 83642 (208) 888-4433 Vendor Address: VARSITY FACILITY SERVICES 1575 HENTHORNE DRIVE MAUMEE, OH 43537 Description 20-0087 FY20 Janitorial Svcs - Station 4 - 2210 20-0087 FY20 Janitorial Svcs - Station 5 - 2210 20-0087 FY20 Janitorial Svcs - Fire Safety Center - 2290 20-0087 FY20 Janitorial Svcs - Homecourt - 5130 Billing Address Shipping Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 33 E Broadway Ave. Ste.200 Meridian, lD 83642 Shipping Method: FOB: Contractor Destination Unit PriceUnitQuantity 501.60 501.60 262.80 38884.92 Total Dollar Dollar Dollar Dollar 1.00 1.00 1.00 1.00 501.60 501.60 262.80 38,884.92 Purchase Order Total:$237,853.80 Purchasing Special lnstructions po to Amendment No.4 dated 1ol15t19. council approved 1ot22l1g Not-to-Exceed $237,853.80 various depts. (see attached requ isition). Ticket#36631 IDAHO Meridian City Council Meeting Agenda October 22, 2019 – Page 398 of 793 �W,IZIDIAN*,------ ,�J CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 R Item Title: Approval of Task Order #10035.a to Mountain Waterworks For the WRRF Sidestream Phosphorus Removal Project for the Nat -to - Exceed amount of $123,048.00 Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 5.R. Presenter: Estimated Time f or P resentation: 1 Title of I tem - Approval of Task Order 10036.a to M ountain Waterworks for the WRRF Sidestream P hosphorus Removal P roject for the Not-to-Exceed amount of $123,048.00 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 10/17/2019 S igned Task Order 10036.a Cover Memo 10/18/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 10/18/2019 - 3:25 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 399 of 793 Page 1 Memo To: Chris Johnson, City Clerk From: Keith Watts, Purchasing Manager CC: Dan Berthe Date: 10/17/19 Re: October 22 nd City Council Meeting Agenda Item The Purchasing Department, on behalf of the Public Works Department, respectfully requests that the following item be placed on the October 22nd City Council Consent Agenda for Council’s consideration. Approval of Task Order 10036.a to Mountain Waterworks for the WRRF Sidestream Phosphorus Removal Project for the Not-to-Exceed amount of $123,048.00. Recommended Council Action: Approval of Task Order 10036.a to Mountain Waterworks for the WRRF Sidestream Phosphorus Removal Project for the Not-to-Exceed amount of $123,048.00 and authorize the Purchasing Manager to sign. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda October 22, 2019 – Page 400 of 793 Task Order 10036.a Sidestream Phosphorus Removal Project Page 1 of 5 Mountain Waterworks, Inc. TASK ORDER NO. 10036.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND MOUNTAIN WATERWORKS, INC (ENGINEER) This Task Order is made this 22 nd day of October 2019 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as “City”, and accepted by MOUNTAIN WATERWORKS, INC, hereinafter referred to as “Engineer” pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (2a) between the above mentioned parties dated October 1, 2017. The Project Name for this Task Order is as follows: WRRF Sidestream Phosphorus Removal Project PROJECT UNDERSTANDING The Engineer’s scope of services, time of completion and compensation shall be as set forth herein. This Task Order is for professional engineering to complete preliminary engineering services for the planned Sidestream Phosphorus Removal Project for the City’s WRRF. The preliminary engineering services generally include preparing equipment pre-purchase documents, attending site visits to existing facilities, evaluating and making a recommendation for equipment purchase, and preparing a basis of design memorandum to be used for final design. Final design and construction support services will be provided in a future task order. SCOPE OF WORK The City utilizes anaerobic digestion for solids stabilization at the WRRF. During the anaerobic digestion process, a significant amount of nutrients (phosphorus and ammonia) are released. The nutrient release causes two primary challenges for the City: • Struvite formation in piping, valves, tanks, and equipment downstream of anaerobic digestion causing significant operation and maintenance problems and expenses • Nutrient return to the head of the WRRF resulting in concerns with meeting nutrient limits contained in the current discharge permit; and future permit limits are anticipated to be more stringent Meridian City Council Meeting Agenda October 22, 2019 – Page 401 of 793 Task Order 10036.a Sidestream Phosphorus Removal Project Page 2 of 5 Mountain Waterworks, Inc. Over the last 5 to 6 years, the City has spent a significant amount of time evaluating various options for sidestream nutrient management. A number of engineering studies were prepared and pilot testing was completed to determine the preferred approach for sidestream nutrient management. Based on the work completed by the City, nutrient recovery from the digested sludge immediately after anaerobic digestion has been selected. There are two equipment technologies (Airprex by CNP and NuReSys by Schwing Bioset) that will meet the City’s desire to manage nutrients in the anaerobically digested sludge. The equipment is very specific to each system. To optimize engineering efficiency, the equipment will be selected through a pre-purchase process prior to final design. Once the equipment is selected by the City, final engineering design will begin followed by project bidding and construction. Specific tasks to complete the preliminary engineering effort are described below. Task 1 – Develop Equipment Pre-Purchase Documents Engineer will prepare equipment pre-purchase documents to ensure competitive equipment selection is provided for the City. The pre-purchase documents will define project conditions, materials of construction, O&M considerations, and cost proposal request for the furnished system. Task 1 will include the following: • Review historic and projected future operational data, technical information, and documents prepared for the City to determine sizing of the treatment system. • Develop design criteria and technical specifications for the treatment system. • Develop economic and non-economic criteria and ranking with the City that will be used for equipment evaluation and comparison • Send the draft specifications to the two identified manufacturers and incorporate review comments as necessary. • Support the City with preparing the final pre-purchase bidding documents. Engineer will prepare the technical specifications to be incorporated into the City’s purchase documents. • Review submitted equipment bids for completeness. Task 1 Deliverables: • Draft pre-purchase documents for City and equipment supplier review • Final pre-purchase documents for equipment bidding and procurement Task 2 – Site Visits Sidestream nutrient recovery systems are relatively new to the wastewater treatment industry. The City is interested in visiting two existing facilities to meet with the facility operators and understand the routine O&M requirements and challenges associated with the systems. The engineering team will join the City on these visits to gain a better understanding of design elements to incorporate into the project based the experience, Meridian City Council Meeting Agenda October 22, 2019 – Page 402 of 793 Task Order 10036.a Sidestream Phosphorus Removal Project Page 3 of 5 Mountain Waterworks, Inc. lessons learned, and operational conditions associated with those projects. The site visits will facilitate discussions between the engineering team and City operations team, with specific details to be incorporated into the final design, including equipment access, building design and layout, safety, performance testing, maintenance, instrumentation, programming, and SCADA integration. Task 2 Deliverables: • Site visit reports documenting important discussions and design decisions to be included in the City’s project Task 3 – Equipment Pre-Purchase Evaluation Engineer will review the pre-purchase document submittals received from the equipment suppliers. The submittals will be compared and ranked using the economic and non- economic criteria developed with the City during preparation of the pre-purchase documents. Under Task 3, the following will be completed: • Summarize and present criteria comparison for City input and review. • Estimate operating and life-cycle costs • Hold a workshop with the City to review and discuss equipment comparison, rank the equipment, and recommend the apparent best equipment selection Task 3 Deliverables: • Scoring sheets for the equipment evaluation • Written recommendation of equipment selection award to the City, including the criteria ranking and justification for making the recommendation Task 4 – Basis of Design Memorandum Engineer will complete a technical memorandum summarizing the equipment evaluation and the project basis of design that will be carried forward for design of the recommended system. The memorandum will contain the following information: • Design criteria for the treatment system, equipment, and ancillary system design • Hydraulic grade line • Process flow diagram • Preliminary plan-view layout and space requirements of the new system • Preliminary site plan with necessary utility and process connections o Up to 3 alternate locations may be evaluated with the City o Coordination with the Digester 6 design will be included, and design review meetings with Brown and Caldwell and the City are anticipated. • Utility requirements Task 4 Deliverables: Meridian City Council Meeting Agenda October 22, 2019 – Page 403 of 793 Task Order 10036.a Sidestream Phosphorus Removal Project Page 4 of 5 Mountain Waterworks, Inc. • Draft Basis of Design Memorandum for City review • Hold review meeting with the City, prepare meeting minutes and incorporate comments into final Basis of Design Memorandum • Final Basis of Design Memorandum The anticipated schedule is as follows: • Complete Equipment Pre-Purchase Documents – within 5 weeks of receipt of Notice to Proceed • Complete Equipment Pre-Purchase Evaluation and Recommendation – within 4 weeks of receiving Pre-Purchase Packages from equipment suppliers • Complete Basis of Design Memorandum – within 6 weeks of equipment selection • Complete Final Basis of Design Memorandum – within 2 weeks of receiving City comments on the draft document • Final memo to City – within 15 days of receiving City comments ASSUMPTIONS The following assumptions are made for this scope of work: • The City will provide current and projected future flow and loading criteria • The City will provide record drawings in CAD format for existing on-site facilities and utilities • Equipment evaluation will be limited to 2 manufacturers • The City will prepare the pre-purchase contract, organize bidding, and administer the pre-purchase process • Final design will be completed in a future Task Order to include the following: o Idaho DEQ required preliminary engineering report o Plans and specifications for project bidding o Bid support o Construction administration and support o Project startup o Project O&M manual update and project record drawings Meridian City Council Meeting Agenda October 22, 2019 – Page 404 of 793 TIME OF COMPLETION and COMPENSATION SCHEDULE COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Pre -Purchase Documents ■ Estimated within 5 weeks of Notice to Proceed ■ $36,072.00 2 Site Visits • Immediately upon Notice to Proceed • $13,920.00 3 Equipment Package Evaluation ■ Estimated within 4 weeks of receiving Pre -Purchase Documents • $22,844.00 4 Basis of Design Memorandum ■ Estimated within 6 weeks of equipment selection ■ $46,252.00 5 Project Management • Ongoing $3,960.00 TASK ORDER TOTAL: $123,048.00 The Not -To -Exceed amount to complete all services listed above for this Task Order is (one hundred twenty-three thousand forty-eight dollars) ($123,048.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. No travel or expenses will be reimbursed through this agreement. All costs must be incorporated in the individual tasks within the Compensation and Completion Schedule above. CITY OF MERIDIAN BY: KEIT TTS, urchasing Manager Dated: /a " Z Z - % 13 MOUNTAIN WATERWORKS, INC. BY: STUART HURLEY, Vice President Dated: 10/17/19 Approved by Council: /b Atter . w L 1 T Chr' nso t Jerk .H., SEAL City ProjecHager: yr�q Dan Berthe `f it T ,. Task Order 10036.a Sidestream Phosphorus Removal Project Mountain Waterworks, Inc. Page 5 of 5 �rEIDIZIAN DAHO CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 S Item Title: Approval of Task Order #10550.c to SPF Water Engineering For Well 9 Replacement for the not -to -exceed amount of $129,000.00 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.S . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approval of Task Order 10550.c to S P F Water E ngineering for Well 9 Replacement for the Not-to-E xceed amount of $129,000.00 C ouncil Notes: No signature required, approval only. T hank you. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 10/17/2019 Requisition Cover Memo 10/17/2019 B udget Cover Memo 10/17/2019 Contract C hecklist Cover Memo 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 10/18/2019 - 3:25 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 406 of 793 Page 1 Memo To: Chris Johnson, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Dean Stacey; Keith Watts Date: 10/17/19 Re: October 22 nd City Council Meeting Agenda Item The Purchasing Department, on behalf of the Public Works Department, respectfully requests that the following item be placed on the October 22nd City Council Consent Agenda for Council’s consideration. Approval of Task Order 10550.c to SPF Water Engineering for Well 9 Replacement for the Not-to-Exceed amount of $129,000.00. Recommended Council Action: Approval of Task Order 10550.c to SPF Water Engineering for Well 9 Replacement for the Not-to-Exceed amount of $129,000.00 and authorize the Purchasing Manager to sign the Purchase Order for the Not-To-Exceed amount of $129,000.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda October 22, 2019 – Page 407 of 793 z Q 0_/ w G LL O F -- U co 0 '-' W d � V n M ui M o v coo O >- p) >Q z C< co C > ¢ N N 0 W W CL W Cl) M U p O a a D A rn c o �C/) c O I W i L 00 w aS CL o 'o (n ch m w U) D� U z D cn > z Z) — O— — Q J Q f— O F- - z ' ~' W F� LUelf • � a O - LU U z O U) o _Z z U . U F- Lu Q ZO w • c� U U Q a o �. w O • 0 U 0 Z LL - • � w U � c cL F- '� : z a � w' Z ca - Cf } W Z O z a c Z U w W U O ) U 0 ' a � 4- Z 0 • O O U C d Q. w • U F- • C v w z0 • • o U • o � LU w m ZD O z Y Q a F- • City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3490 - Water Construction Projects 60 - Enterprise Fund From 10/1/2019 Through 9/30/2020 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 96122 WELL 9 Construction 450,000.00 0.00 450,000.00 100.00% Total Capital Outlay 450,000.00 0.00 450,000.00 100.00% TOTAL EXPENDITURES 450,000.00 0.00 450,000.00 100.00% Date: 10/15/19 09:51:53 AM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 409 of 793 EIDIAN,?-� DAHJ CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 T Item Title: Master Agreement for Professional Services For Park Identities Public Art Roster Between Stephanie Inman and the City of Meridian Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.T. Presenter: M ike Barton, M P R P arks S uperintendent Estimated Time f or P resentation: 0 Title of I tem - M aster Agreement for Professional S ervices: P ark Identities P ublic Art Roster B etween Stephanie Inman and the City of M eridian C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nman Master A greement - Park I dentities Public A rt Roster A greements / C ontracts 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate P arks and Recreation Weatherly, A drienne Approved 10/17/2019 - 3:16 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 410 of 793 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 1 1 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 1 2 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 1 3 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 1 4 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 1 5 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 1 6 o f 7 9 3 Artist: City: Stephanie Inman City Clerk 2> /�i� h'� City of Meridian Or" 33 E. Broadway Ave. Meridian ID 83642 (;-orSe [P � 3112 Either party may change her/its address for the purpose of this provision by giving written notice of such change in the manner herein provided. ` N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. O. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: S ` T—� Stephanie Inman CITY OF MERIDIAN: Qo�P��o AUGusr x`I. 19 Attes z Tammy erd, Mayor ris J h r L MASTER PROFESSIONAL SHRvicm AGREHNI iNT — PARK IDENTITINs ROSTER PACE 7 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 1 8 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 1 9 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 2 0 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 2 1 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 2 2 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 2 3 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 2 4 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 2 5 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 2 6 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 2 7 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 2 8 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 2 9 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 3 0 o f 7 9 3 (�SIDIZIAN DAHO CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 U Item Title: Master Agreement for Professional Services For Park Identities Public Art Roster Between Trademark Sign Company, Inc. and the City of Meridian Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.U. Presenter: M ike Barton, M P R P arks S uperintendent Estimated Time f or P resentation: 0 Title of I tem - M aster Agreement for Professional S ervices: P ark Identities P ublic Art Roster B etween T rademark S ign C ompany, Inc. and the C ity of M eridian C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Trademark Master A greement - P ark I dentities Public A rt Roster A greements / C ontracts 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate P arks and Recreation J ohnson, Chris Approved 10/18/2019 - 4:06 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 431 of 793 MASTER AGREEMENT FOR PROFESSIONAL SERVICES: PARK IDENTITIES PUBLIC ART ROSTER This MASTER AGREEMENT FOR PROFESSIONAL SERVICES: PARK IDENTITIES PUBLIC ART ROSTER ("Agreement") is made this 15 day of Octobex2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and John P. Yarnell, on behalf of Trademark Sign Company, Inc., a general business corporation organized under the laws of the state of Idaho ("Artist"). WHEREAS,the City desires to consult with artists to develop creative components that will strengthen the identities of City parks; WHEREAS, by and through the Meridian Parks & Recreation Department, Meridian Parks and Recreation Commission, and the Meridian Arts Commission, established a list of artists willing to work with the City to develop interpretations of park identities and create public art projects in local parks on an as-needed basis by issuing a request for qualifications ("RFQ") on June 20, 2019, attached hereto as Exhibit A; and WHEREAS, Artist responded to the RFQ, as attached hereto as Exhibit B, and was found to be qualified through experience and demonstrated ability to create artwork that addresses the context of its placement and reflects community values; 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. ACCEPTANCE. City hereby accepts Artist for inclusion on the Park Identities Public Art Roster. The City may invite Artist to provide services including consultation, design, fabrication, and installation, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work. II. SCOPE OF SERVICES. Upon execution of this Agreement and any associated project task order, Artist shall comply in all respects and perform and furnish to City, all services enumerated in this Agreement and the project task order. Artist shall provide services and work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement or the project task order. Services and work provided by Artist shall be performed in a timely manner as specified in the project task order and agreed by the parties. III.TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through September 30, 2022 unless sooner terminated by the method set forth herein. IV.COMPENSATION. A. Total amount.The total payment to Artist for specific services provided pursuant to this MASTER PROFESSIONAL SERVICES AGREEMENT-MARK IDENTITIES ROSTER PACE I 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 3 3 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 3 4 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 3 5 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 3 6 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 3 7 o f 7 9 3 Artist: City: Trademark Sign Company, Inc. City Clerk John P. Yarnell City of Meridian 915 W. Royal Blvd. 33 E. Broadway Ave. Boise ID 8370E Meridian ID 83642 Either party may change her/its address for the purpose of this provision by giving written notice of such change in the manner herein provided. N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. O. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: P. Yarnell sident Trademark SighCompany, Inc. CITY OF MERIDXAN: SPIV -0 AUGu/S�' Atte t: z 0%` ' - Tam de eerd, Mayor s J jvA"° ��, SEAL ' c"�rFR MASTER PROFESSIONAL SERVICES AGREEMENT—PARK IDENTmEs ROSTER PAGE 7 �p1ti,.c�ie Shnr�v� 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 3 9 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 4 0 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 4 1 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 4 2 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 4 3 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 4 4 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 4 5 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 4 6 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 4 7 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 4 8 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 4 9 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 5 0 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 5 1 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 5 2 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 5 3 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 5 4 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 5 5 o f 7 9 3 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 O c t o b e r 2 2 , 2 0 1 9 – P a g e 4 5 6 o f 7 9 3 EIDIAN?- DAHJ CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 V Item Title: Ada County Highway District Impact Fee Assessment and Deferral Agreement For Ten Mile Medical Office Building Meeting Notes: go I TEM SHEET C ouncil Agenda I tem - 5.V. Presenter: Consent Estimated Time f or P resentation: Consent Title of I tem - AC HD Impact F ee Assessment and Deferral Agreement for Ten M ile M edical Office B uilding D efers assessment and collection of A C HD impact f ees until tenant mix has been determined C ouncil Notes: C onsent AT TAC HM E NT S: Description Type Upload D ate A C HD I mpact F ee A ssessment and D eferral A greement A greements / C ontracts 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 10/18/2019 - 3:24 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 457 of 793 After Recording Return To: Steven B. Price General Cokinsel Ada County ffighway ffistrict 3775 Adams Street Garden City, Idaho 83714 ADA COUNTY RECORDER Phil McGrane 2019-111242 BOISE IDAHO Pgs=27 BONNIE OBERBILLIG 11/08/2019 09:19 AM ADA COUNTY HIGHWAY DISTRICT NO FEE This Space Reserved for Recording Purposes IMPACT FEE ASSESSMENT AND DEFERRAL AGREEM ENT THIS IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Agreement"') made this10 1 9 by and between day of the Ada. County I-lighivay District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the Cit-,,.,"); and BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company ("Developer"). RECITALS WHEREAS, Developer has acquired certain real property more particularly described in Exhibit A, hereto, and generally located at 907 S. Vanguard Way, City of Meridian, Ada County, Idaho (the '"Property"'J:, WHEREAS, Developer will in the future inake certain applications to the City regarding the development and construction of a mix of office, medical clinic, and medical office uses on Property (the "Project") , the exact allocation of each use, hoNvever, is not yet finalized due to the ongoing programing of potential tenant requirements, W11 I EREAS, pursuant to Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 231 A, the payment of the impact fee required for the development of the Proper-ty (the "ACHD Impact Fee") by the Developer to ACHD would normally be due at the time of issuance of a building permit for the Project; WHEREAS, it is the desire of the Developer to defer payment of the ACHD Impact Fee pursuant to the terms of this Agreement: WHEREAR. it is the desire of the City that De*veloper be able to defer payment of the ACHD Impact Fee for the purposes of encouraging development in Meridian, and the City is willing to enter into this Agreement to facilitate the deferral of fees by Developer to ACHD; WHEREAS, ACHD is willing to enter into this Agreement for the purpose of allowing the deferral of payment of the ACHD Impact Fee in consideration of the assurances, covenants, and other agreements provided herein by the City and by Developer; IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - I IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 2 WHEREAS, Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 231A authorize ACHD to enter into an agreement to defer payment of fees pursuant to written agreement between the ACHD and a developer as set forth therein; Idaho Code § 67-8204A authorizes the City and ACHD to enter into intergovernmental agreements regarding the collection of impact fees; and Idaho Code § 67-8213 specifies the remedies available to ACHD charging an impact fee where such fee is not paid in accordance with the relevant ordinances; WHEREAS, this Agreement establishes the process for the imposition, calculation and collection of the ACHD Impact Fee required for the development of the Property; WHEREAS, the timing of the imposition, calculation and collection of the ACHD Impact Fee for the Project is related to the timing of the City’s action on the necessary development permits for the Project; and WHEREAS, the parties desire to enter into an agreement regarding the imposition, calculation and collection of the ACHD Impact Fee for the Project. AGREEMENT NOW, THEREFORE, pursuant to the legal authority of the Idaho Code and ACHD Ordinance 231A, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, ACHD, Developer and the City desire to memorialize their respective agreements and obligations regarding the imposition, calculation and collection of the ACHD Impact Fee and the inspections and issuance of permits for the Project. 1. Imposition of ACHD Impact Fee. Development of the Project will require the payment of the ACHD Impact Fee. ACHD has presently adopted Ordinance 231A setting forth the process, method and amount of the ACHD Impact Fee. The ACHD Impact Fee shall be imposed consistent with the ordinance in effect at the time that the City issues the First TI Permit as defined in Section 2 below. 2. Calculation of ACHD Impact Fee. Pursuant to Section 7304.1 of Ordinance 231A, the ACHD Impact Fee is typically collected at the issuance of a building permit, provided, however, that Section 7316.1 of Ordinance 231A permits ACHD and a “Developer” to enter into an agreement regarding the timing of payment of the ACHD Impact Fee. (a) Notification of Issuance of First TI Permit. The City, ACHD and the Developer shall jointly work to coordinate the issuance of permits for the Project. Upon the application for the first permit necessary to commence construction of tenant improvements at the Project (the “First TI Permit”), the City and Developer shall notify ACHD and the ACHD Impact Fee shall be calculated prior to the issuance of the First TI Permit. Meridian City Council Meeting Agenda October 22, 2019 – Page 459 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 3 (b) Notification of Inspection for the Issuance of First Certificate of Occupancy. The Developer agrees that it shall notify the City and ACHD in writing at least thirty (30) days in advance of any request for the final inspection before the issuance of the first certificate of occupancy for the Project. (c) Applicable Impact Fee Ordinance. ACHD shall calculate the ACHD Impact Fee based upon the ordinance in effect at the time the City issues the First TI Permit. 3. Collection of ACHD Impact Fee. (a) Deferral of Fee/Enforcement. ACHD agrees that collection of the ACHD Impact Fee will be deferred as set forth herein. If the Developer is in default as set forth in Section 5(a) below, then it shall be subject to all of the remedies set forth therein and elsewhere in this Agreement. In addition, the City agrees for the benefit of ACHD that unless the Developer submits proof that the ACHD Impact Fee has been paid and ACHD confirms in writing that it has been paid, the City: (i) will not issue the First TI Permit for the Project, (ii) will not provide any utility services for any purposes other than system testing and non-occupant use for the Project, and (iii) will exercise all default rights against Developer set forth in Section 5(a) below. Developer acknowledges and agrees that as a condition precedent to the City issuing the First TI Permit that Developer will pay the ACHD Impact Fee for the Project. Notwithstanding the foregoing, and notwithstanding any other provision in this Agreement, the parties agree that the ACHD Impact Fee shall in no event be deferred beyond March 31, 2021, regardless of the status of the Project and/or the status of any permits issued or to be issued by the City. (b) Alternate Financial Guarantee. Alternatively, ACHD and Developer may agree that the payment of the ACHD Impact Fee may be deferred upon Developer providing an alternative financial guarantee to ensure payment of the ACHD Impact Fee, pursuant to a certificate of deposit or a letter of credit acceptable to ACHD. Such alternate financial guarantee shall be in an amount equal to the amount of the impact fee for the Project, pending reconciliation of the ACHD Impact Fee at a date subsequent to the issuance of a certificate of occupancy for the Project by the City. (c) Satisfaction. Upon payment of the ACHD Impact Fee or the provision for an alternate financial guarantee, ACHD shall notify the City of Developer’s performance, and then and only then shall the City proceed with the issuance of the First TI Permit for the Project. The City agrees for the benefit of ACHD that the City (including without limitation, the City’s employees, officials, agents, and/or contractors) will not proceed with the issuance of the First TI Permit for the Project until the foregoing condition is met. The Developer agrees it will not accept any Tenant Improvement Permits from the City for the Project until the foregoing condition is met. The parties agree to execute the termination and release set forth in the form attached as Exhibit B prior to the issuance of the first Certificate of Occupancy. ACHD agrees to Meridian City Council Meeting Agenda October 22, 2019 – Page 460 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 4 record the executed termination and release set forth in the form attached as Exhibit B prior to the issuance of the first Certificate of Occupancy. (d) Waiver and Estoppel. Developer hereby waives and estops itself from asserting any claim or property right relating to the issuance of the First TI Permit for the Project, deferral of the payment of the ACHD Impact Fee or default remedies provided herein until ACHD receives full payment of the ACHD Impact Fee or an alternate financial guarantee as contemplated herein. 4. Individual Assessment. ACHD and Developer acknowledge that Developer retains the right to pursue an individual assessment of the ACHD Impact Fee subsequent to its payment and completion of the Project. Nothing contained herein shall preclude Developer from electing to initiate an individual assessment pursuant to Section 7312 of ACHD Ordinance 231A. 5. Default. (a) If Developer defaults in the performance of their obligations under the terms and provisions of the Agreement in the time and manner required, ACHD and/or City may exercise all legal and equitable remedies against such party. In addition (and without limiting the foregoing or otherwise limiting any other rights available by law or in equity), if the ACHD Impact Fee is not paid timely (i) any unpaid amounts shall accrue interest at the legal rate provided for in Idaho Code Section 28-22-104(1), from the date the First TI Permit was originally issued, (ii) ACHD may assess a penalty of $500 per day for non-payment or late payment in accordance with Idaho Code Section 67-8213 in any reasonable amount, (iii) City shall withhold any permits related to the project or other governmental approval until the fee is paid, (iv) City shall refuse and/or suspend all utility services to the Project under its jurisdiction, and (v) in accordance with Idaho Code Section 67-8213(4), ACHD may impose a lien for failure to timely pay following the procedures contained in chapter 5, title 45, Idaho Code. (b) If ACHD defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required herein, Developer shall only be entitled to non-monetary remedies, such as specific performance, declaratory relief, and injunctive relief. (c) If City defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required, ACHD and/or Developer may exercise all legal and equitable remedies against such party. 6. Existing Joint Governmental Entity Agreement. ACHD and City acknowledge they are parties to an existing Impact Fee Collection Agreement (the “Collection Agreement”). ACHD and City agree that the Collection Agreement is not applicable to this Project, and that all Meridian City Council Meeting Agenda October 22, 2019 – Page 461 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 5 rights between them concerning the collection of impact fees for this Project are set forth in this Agreement. 7. Acknowledgement. ACHD and City make no representations, warranties or guarantees to Developer regarding the Project. Developer assumes all risks and acknowledges that it is solely responsible for the development of this Project. Developer acknowledges, notwithstanding any other provision of this Agreement, as follows: (i) This Agreement does not affect the rules and regulations that the Developer must comply with in order to implement all governmental approvals; (ii) Any future applications or requests to ACHD and City will be governed by rules and regulations of each of the agencies in effect at the time of such request; (iii) Nothing in this Agreement shall be construed to allow the Developer any waiver or relief from any of the processes, rules and regulations Developer must follow and comply with to obtain any future approvals from the City or ACHD; (v) Nothing herein shall be construed to grant any legal entitlement or vest any property right or other right to the Developer; and (vii) Nothing in this Agreement shall be construed to provide any claim or benefit to a third party. 8. General Provisions. (a) Agreement Addresses Process Only. The parties acknowledge and agree that nothing herein shall be deemed to limit or restrict the deliberation or action taken by ACHD to the extent that it has authority relating to its review and consideration of the permits related to the Project. The parties acknowledge and agree that this Agreement is intended solely to provide for the processes that will be applied to ACHD Impact Fee for the Project. (b) Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. (c) Attorneys’ Fees. Should any action be brought to interpret or enforce any provision hereof, or for damages for breach hereof, the prevailing party shall be entitled to such reasonable attorneys’ fees as may be determined by any court of competent jurisdiction wherein such action is brought, including attorneys’ fees on any appeal. (d) Assignment/Recording. The rights, benefits or obligations under this Agreement may not be assigned by Developer, in whole or in part, without the prior written consent of both ACHD and the City, which may be withheld in either of their sole discretion. Without limiting the foregoing, the obligations to ACHD or the City contained herein shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof, until such time as the Project is complete and ACHD has received full payment of the ACHD Impact Fee. A copy of this Agreement shall be recorded in the real property records of Ada County, Idaho. Upon the payment Meridian City Council Meeting Agenda October 22, 2019 – Page 462 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 6 of the ACHD Impact Fee by Developer, this Agreement shall terminate and the parties shall execute the termination and release set forth in the form attached as Exhibit B. (e) Entire Agreement. This Agreement contains the entire Agreement between the parties respecting the matters herein set forth and supersedes all prior Agreements between the parties hereto respecting such matter. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by each party hereto. (f) Construction. This Agreement shall be construed in accordance with the laws of the State of Idaho. (g) Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (h) Recitals. The parties confirm the accuracy of the Recitals set forth in this Agreement and the same are incorporated herein as part of this Agreement. (i) Time of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. (j) Independent Parties. The relationship between the Parties shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes. In performing any of their obligations hereunder, the Developer is an independent party and shall discharge its contractual obligations at its own risk. The Parties agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. (k) Notices. All notices, requests, consents, approvals, payments in connection with this Agreement, or communications that either party desires or is required or permitted to give or make to the other party under this Agreement shall only be deemed to have been given, made and delivered, when made or given in writing and personally served, or deposited in the United States mail, certified or registered mail, postage prepaid, or sent by reputable overnight courier (e.g., FedEx) and addressed to the parties as follows: ACHD: Ada County Highway District Attn: Mitch Skiles 3775 Adams Street Garden City, Idaho 83714-6447 Meridian City Council Meeting Agenda October 22, 2019 – Page 463 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 7 DEVELOPER: with copy to: BVASB Ten Mile Medical Office Building, LLC c/o BVA Development, LLC 2775 W. Navigator Drive, Suite 220 Meridian, ID 83642 Attn.: J. Thomas Ahlquist Geoffrey M. Wardle Clark Wardle LLP 251 E. Front Street, Suite 200 Boise, Idaho 83702 CITY: City of Meridian Attn: City Clerk 33 E Broadway Avenue Meridian, Idaho 83642 Notice shall be deemed given upon actual receipt (or attempted delivery if delivery is refused), if personally delivered or rejected. (l) Amendment to Ordinances. The parties acknowledge that Ordinance 231A may be amended, repealed and superseded at any time. The ACHD Impact Fee shall be imposed, calculated and collected pursuant to any impact fee ordinance subsequently adopted by ACHD in accordance with Idaho Code § 67-8201 et seq. To the extent that references to specific sections incorporated in Ordinance 231A are made herein, those references shall be deemed to refer to the related provisions of any subsequently adopted impact fee ordinance by ACHD. (m) Further Acts. The parties will execute and deliver to the others, from time to time, for no additional consideration and at no additional cost to the requesting party, such further assignments, certificates, instruments, records, or other documents, assurances or things as may be reasonably necessary to give full effect to this Agreement and to allow each party fully to enjoy and exercise the rights accorded and acquired by it under this Agreement. (n) Acknowledgments and Modifications. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by all of the parties. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its duly authorized officers the day and year first above written. Signatures and notary acknowledgments to follow on next page Meridian City Council Meeting Agenda October 22, 2019 – Page 464 of 793 ACHD ADACOU Y HIGHWAY DISTRICT By Zoe Rebecca W. Arnold, Commission President STATE OF IDAHO ) )ss. County of Ada ) On this 6 -1 --day o ; 20��before me, a Notary Public, personally appeared •IV , known or proved to me to be the Commission President of the Ada County Highway Distr t, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the oregoing instrument, and ac o ledged to me that she executed the same on behalf of said entit} &-A- U). rn014 IN WITNESS WHEREOF, I have hereunto set my..hand'-arid affixed my official seal the day and year in this certificate first above written. • F.. •• Comm. 62051 'P C' 4,G•••�O••: .Of .19 •• . Notary Public Residing at /,S1 ID Comm. Expires Alugust i 31 2025 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 8 DEVELOPER BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company By: BV Management Services, Inc., an Idaho Corporation, the Execytive Manager go y Liddiard, Dat &- Icy- M i BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company By: BRIGHTON CORPORATION., an Idaho Corporation, the Executive Manager By: 0— Blake R. Alder, President Date: I SjZpfj STATE OF IDAHO ) )ss. County of Ada ) On this &^ day of 0C $10 20 i 9, before me, a Notary Public, personally appeared Cortney Liddiard, known or proved to me to be the President of BV Management Services, Inc., an Idaho corporation, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of BVASB Ten Mile Medical Office Building, LLC. 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 Kublic WResiding at EXPIRES 627 Comm. Expires ZoeQ ��'•:%OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 9 STATE OF IDAHO ) )ss. County of Ada ) On this �day of , 20_k, before me, a Notary Public, personally appeared Blake R. Alder, known or proved to me to be the President of Brighton Corporation, an Idaho corporation, an Executive Manager of BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of BVASB Ten Mile Medical Office Building, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. AMANDA 9VIPIRY COMMISSION #29= N tary Public NOTARY PUBLIC Residing at STATE OF IDAHO MY OOMMISSION EXPIRES 04/1512023 Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 10 3 CITY CITY OF MERIDIAN By: Tammy de 66rd, Mayor STATE OF IDAHO ) )ss. County of Ada ) On this A day of _, 20LP , before me, a Notary Public, personally appeared Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 �hmm � �, n Notary sA Residingg at at n I Comm. Expires, '�2 '09.0 oq,;- IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 11 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 12 Exhibit A Legal Description of Property Lynn Moser Date: June 7, 2019 Project: ID-1597-1901 Page: 1 of 2 PARCEL A This parcel is a portion of Lots 2, 3, 4, 5, and 6, Block 1 of the Final Plat of TM Crossing Subdivision, on file in Book 112, pages 16327 through 16330 and is situated in a portion of the S.W. ¼ of Section 14, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the northwest corner of said Lot 2; thence along the north boundary of said Lot 2, 1) S.89°11'34"E., 291.40 feet; thence leaving said north boundary, 2) S.00°48'56"W., 229.29 feet; thence, 3) S.89°11'04"E., 221.93 feet; thence, 4) N.64°31'52"E., 91.88 feet; thence, 5) S.25°28'08"E., 78.03 feet; thence, 6) S00°33'50"W., 183.23 feet; thence, 7) N.89°11'04"W., 238.33 feet; thence, 8) S.45°48'56"W., 51.43 feet; thence, 9) N.89°11'04"W., 349.42 feet to a point on the west boundary of said Lot 6; thence along the west boundaries of said Lots 2, 3, 4, 5 and 6, 10) N.01°30'08"W., 25.48 feet; thence, 11) N.04°03'37"W., 48.84 feet; thence, Idaho Office Tel: 208.895.2520 2775 W. Navagator Drive, Suite 210 Meridian, Idaho 83642 www.horrocks.com Meridian City Council Meeting Agenda October 22, 2019 – Page 469 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 13 12) N.00°33'50"E., 404.00 feet to the POINT OF BEGINNING. CONTAINING 215,622 square feet (4.950 acres), more or less. Meridian City Council Meeting Agenda October 22, 2019 – Page 470 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 14 Lynn Moser Date: June 7, 2019 Project: ID-1579-1901 Page: 1 of 1 PARCEL B This parcel is a portion of Lots 2 and 3, Block 1 of the Final Plat of TM Crossing Subdivision, on file in Book 112, pages 16327 through 16330, situated a portion of the S.W. ¼ of Section 14, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northwest corner of said Lot 2; thence along the north boundary of said Lot 2, 1) S.89°11'34"E., 291.40 feet to the POINT OF BEGINNING; thence continuing along said north boundary, 2) S.89°11'34"E., 247.50 feet; thence leaving said north boundary, 3) S.00°48'56"W., 216.70 feet; thence, 4) S.64°31'52"W., 28.52 feet; thence. 5) N.89°11'04"W., 221.93 feet; thence, 6) N.00°48'56"E., 229.29 feet to the POINT OF BEGINNING. CONTAINING 56,598 square feet (1.300 acres), more or less. Idaho Office Tel: 208.895.2520 2775 W. Navagator Drive, Suite 210 Meridian, Idaho 83642 www.horrocks.com Meridian City Council Meeting Agenda October 22, 2019 – Page 471 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 15 Lynn Moser Date: June 9, 2019 Project: ID-1579-1901 Page: 1 of 2 PARCEL D This parcel is a portion of Lots 2, 3, 4 and 5, Block 1 of the Final Plat of TM Crossing Subdivision, on file in Book 112, pages 16327 through 16330 and is situated in a portion of the S.W. ¼ of Section 14, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northwest corner of said Lot 2; thence along the north boundary of said Lot 2, 1) S.89°11'34"E., 703.36 feet to the northeast corner of said Lot 2 and a point of curvature at; thence along the east boundary of said Lot 2 and a curve to the right, 2) Having an arc length of 117.83 feet, a radius of 326.00 feet, through a central angle of 20°42'33" and a long chord which bears S.34°13'55"E., 117.19 feet to a point of compound curvature; thence along a curve to the right, 3) Having an arc length of 5.65 feet, a radius of 731.00 feet, through a central angle of 00°26'35" and a long chord which bears S.23°39'22"E., 5.65 feet to the POINT OF BEGINNING; thence along the east boundaries of said Lots 2-5 and a curve to the right, 4) Having an arc length of 309.73 feet, a radius of 731.00 feet, through a central angle of 24°16'35" and a long chord which bears S.11°17'46"E., 307.42 feet to a point of tangency; thence continuing, 5) S.00°50'32"W., 34.27 feet; thence leaving said east boundaries, 6) N.89°11'04"W., 206.48 feet; thence, 7) N.00°33'50"E., 177.30 feet; thence, 8) N.25°28'08"W., 78.03 feet; thence, 9) N.64°31'52"E., 197.78 feet to the POINT OF BEGINNING. Idaho Office Tel: 208.895.2520 2775 W. Navagator Drive, Suite 210 Meridian, Idaho 83642 www.horrocks.com Meridian City Council Meeting Agenda October 22, 2019 – Page 472 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 16 CONTAINING 59,467 square feet (1.365 acres), more or less. Meridian City Council Meeting Agenda October 22, 2019 – Page 473 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 17 Exhibit B Form Termination and Release Meridian City Council Meeting Agenda October 22, 2019 – Page 474 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 18 Recording Requested By and When Recorded Return to: ___________________ Attn: _____________ _________________ __________________ SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT (“Termination”) made this ____ day of _______, 20__ by and between the Ada County Highway District, a body politic and corporate of the state of Idaho (“ACHD”); the City of Meridian, an Idaho municipal corporation, (“the City”); BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company (“Developer”). RECITALS A. The Developer, ACHD and the City have entered into the Impact Fee Assessment and Deferral Agreement dated the _______, day of __________ 20____. B. The Developer has paid the impact fee as specified in the Impact Fee Assessment and Deferral Agreement. C. The parities desire to release and terminate the Impact Fee Assessment and Deferral Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer, ACHD and the City agree as follows: I. TERMINATION AND RELEASE 1. The Impact Fee Assessment and Deferral Agreement dated the _______ day of __________ 20____, by the parties and recorded ___________, 20____, as Instrument No. ______________, records of Ada County, Idaho, encumbering the real property described herein in Exhibit A is hereby released and terminated. 2. This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement. SIGNATURES ON FOLLOWING PAGES Meridian City Council Meeting Agenda October 22, 2019 – Page 475 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 19 ACHD ADA COUNTY HIGHWAY DISTRICT By_________________________________ Rebecca W. Arnold, Commission President STATE OF IDAHO ) )ss. County of Ada ) On this _____ day of ________, 20___, before me, a Notary Public, personally appeared Sara M. Baker, known or proved to me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires Meridian City Council Meeting Agenda October 22, 2019 – Page 476 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 20 DEVELOPER BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company By: BV Management Services, Inc., an Idaho Corporation, the Executive Manager By: ______________________________________ Cortney Liddiard, President Date:__________________ BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company By: BRIGHTON CORPORATION., an Idaho Corporation, the Executive Manager By: ______________________________________ Blake R. Alder, President Date:__________________ STATE OF IDAHO ) )ss. County of Ada ) On this _____ day of ________, 20___, before me, a Notary Public, personally appeared Cortney Liddiard, known or proved to me to be the President of BV Management Services, Inc., an Idaho corporation, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of BVASB Ten Mile Medical Office Building, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires Meridian City Council Meeting Agenda October 22, 2019 – Page 477 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 21 STATE OF IDAHO ) )ss. County of Ada ) On this _____ day of ________, 20___, before me, a Notary Public, personally appeared Blake R. Alder, known or proved to me to be the President of Brighton Corporation, an Idaho corporation, an Executive Manager of BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of BVASB Ten Mile Medical Office Building, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires Meridian City Council Meeting Agenda October 22, 2019 – Page 478 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 22 CITY CITY OF MERIDIAN By: Tammy de Weerd, Mayor STATE OF IDAHO ) )ss. County of Ada ) On this _____ day of ________, 20___, before me, a Notary Public, personally appeared Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires Meridian City Council Meeting Agenda October 22, 2019 – Page 479 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 23 Exhibit A Legal Description of Property Lynn Moser Date: June 7, 2019 Project: ID-1597-1901 Page: 1 of 2 PARCEL A This parcel is a portion of Lots 2, 3, 4, 5, and 6, Block 1 of the Final Plat of TM Crossing Subdivision, on file in Book 112, pages 16327 through 16330 and is situated in a portion of the S.W. ¼ of Section 14, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the northwest corner of said Lot 2; thence along the north boundary of said Lot 2, 13) S.89°11'34"E., 291.40 feet; thence leaving said north boundary, 14) S.00°48'56"W., 229.29 feet; thence, 15) S.89°11'04"E., 221.93 feet; thence, 16) N.64°31'52"E., 91.88 feet; thence, 17) S.25°28'08"E., 78.03 feet; thence, 18) S00°33'50"W., 183.23 feet; thence, 19) N.89°11'04"W., 238.33 feet; thence, 20) S.45°48'56"W., 51.43 feet; thence, 21) N.89°11'04"W., 349.42 feet to a point on the west boundary of said Lot 6; thence along the west boundaries of said Lots 2, 3, 4, 5 and 6, 22) N.01°30'08"W., 25.48 feet; thence, 23) N.04°03'37"W., 48.84 feet; thence, Idaho Office Tel: 208.895.2520 2775 W. Navagator Drive, Suite 210 Meridian, Idaho 83642 www.horrocks.com Meridian City Council Meeting Agenda October 22, 2019 – Page 480 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 24 24) N.00°33'50"E., 404.00 feet to the POINT OF BEGINNING. CONTAINING 215,622 square feet (4.950 acres), more or less. Meridian City Council Meeting Agenda October 22, 2019 – Page 481 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 25 Lynn Moser Date: June 7, 2019 Project: ID-1579-1901 Page: 1 of 1 PARCEL B This parcel is a portion of Lots 2 and 3, Block 1 of the Final Plat of TM Crossing Subdivision, on file in Book 112, pages 16327 through 16330, situated a portion of the S.W. ¼ of Section 14, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northwest corner of said Lot 2; thence along the north boundary of said Lot 2, 7) S.89°11'34"E., 291.40 feet to the POINT OF BEGINNING; thence continuing along said north boundary, 8) S.89°11'34"E., 247.50 feet; thence leaving said north boundary, 9) S.00°48'56"W., 216.70 feet; thence, 10) S.64°31'52"W., 28.52 feet; thence. 11) N.89°11'04"W., 221.93 feet; thence, 12) N.00°48'56"E., 229.29 feet to the POINT OF BEGINNING. CONTAINING 56,598 square feet (1.300 acres), more or less. Idaho Office Tel: 208.895.2520 2775 W. Navagator Drive, Suite 210 Meridian, Idaho 83642 www.horrocks.com Meridian City Council Meeting Agenda October 22, 2019 – Page 482 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 26 Lynn Moser Date: June 9, 2019 Project: ID-1579-1901 Page: 1 of 2 PARCEL D This parcel is a portion of Lots 2, 3, 4 and 5, Block 1 of the Final Plat of TM Crossing Subdivision, on file in Book 112, pages 16327 through 16330 and is situated in a portion of the S.W. ¼ of Section 14, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northwest corner of said Lot 2; thence along the north boundary of said Lot 2, 10) S.89°11'34"E., 703.36 feet to the northeast corner of said Lot 2 and a point of curvature at; thence along the east boundary of said Lot 2 and a curve to the right, 11) Having an arc length of 117.83 feet, a radius of 326.00 feet, through a central angle of 20°42'33" and a long chord which bears S.34°13'55"E., 117.19 feet to a point of compound curvature; thence along a curve to the right, 12) Having an arc length of 5.65 feet, a radius of 731.00 feet, through a central angle of 00°26'35" and a long chord which bears S.23°39'22"E., 5.65 feet to the POINT OF BEGINNING; thence along the east boundaries of said Lots 2-5 and a curve to the right, 13) Having an arc length of 309.73 feet, a radius of 731.00 feet, through a central angle of 24°16'35" and a long chord which bears S.11°17'46"E., 307.42 feet to a point of tangency; thence continuing, 14) S.00°50'32"W., 34.27 feet; thence leaving said east boundaries, 15) N.89°11'04"W., 206.48 feet; thence, 16) N.00°33'50"E., 177.30 feet; thence, 17) N.25°28'08"W., 78.03 feet; thence, 18) N.64°31'52"E., 197.78 feet to the POINT OF BEGINNING. Idaho Office Tel: 208.895.2520 2775 W. Navagator Drive, Suite 210 Meridian, Idaho 83642 www.horrocks.com Meridian City Council Meeting Agenda October 22, 2019 – Page 483 of 793 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 27 CONTAINING 59,467 square feet (1.365 acres), more or less. Meridian City Council Meeting Agenda October 22, 2019 – Page 484 of 793 EIDIAN*,----- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 W Item Title: AP Invoices for Payment - 10-15-19 - $671,799.54 Special Meeting Notes: C✓i APPROVED I TEM SHEET C ouncil Agenda I tem - 5.W. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment - 10/15/19 - $671,799.54 Special C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices Cover Memo 10/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/16/2019 - 11:46 A M Meridian City Council Meeting Agenda October 22, 2019 – Page 485 of 793 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 Blue Cross Medical Premiums - October 2019 335,858.18 01 General Fund BLUE CROSS OF IDAHO October 2019 Blue Cross Cobra Premium B. Nielsen 574.45 01 General Fund BPA HEALTH, INC.EAP Premiums, October 2019, 517 Employees 1,584.00 01 General Fund DELTA DENTAL PLAN OF IDAHO Group 0133-0000 October 2019 20,664.25 01 General Fund JUSTIN ROGERS PerDiem:J.Rogers,DARC,Little Rock,AR 10/19/19-10/27/19 467.50 01 General Fund KEVIN KINNAMAN PerDiem:K.Kinnaman,DARC,Little Rock,AR10/19/19-10/27/19 467.50 01 General Fund MASTERCARD MC HR#0520 SEPTEMBER CHARGES 149.63 01 General Fund MASTERCARD MC IT#0179 September 2019 statement 318.00 01 General Fund MASTERCARD MC Parks #1 9/30/19 Statement -1,517.70 01 General Fund MASTERCARD MC PD # 6 9/30/19 - Statement -101.52 01 General Fund NCPERS GROUP LIFE INS NCPERS Group Life Insurance - October 2019 720.00 01 General Fund NEW YORK LIFE INSURANCE COMPANY New York Life Insurance - October 2019 873.02 01 General Fund NORTHWEST FIRE FIGHTERS BENEFITS TRUST Acct#52 NWFFT October 2019 Insurance Premiums 104,597.81 01 General Fund SHAWN HARPER PerDiem:S.Harper,DARC,Little Rock,AR 10/19/19-10/27/19 467.50 01 General Fund UNITED HERITAGE INSURANCE 02065-001 Life Insurance Premiums October 2019 4,343.55 01 General Fund UNITED HERITAGE INSURANCE 02065-001 LongTermDisability Ins Premiums October 2019 6,477.88 01 General Fund UNITED HERITAGE INSURANCE 02065-001 ShortTermDisability Insurance Premiums Oct 2019 5,178.02 01 General Fund UNITED HERITAGE INSURANCE Group#2065A-001 United Heritage Vol Life Ins October 2019 4,847.55 01 General Fund VISION SERVICE PLAN #30 044489 0001 October 2019 Premiums 4,207.24 01 General Fund VISION SERVICE PLAN #30044489 Cobra October 2019 Premium B. Nielsen 14.84 01 General Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Premiums 10/19 6,454.00 Total 01 General Fund 499,884.14 20 Grant Fund governmental ANDERSON & WOOD CONSTRUCTION CO, INC 19-0350 CDBG Crestwood & Fenway Subdvision Streetlight Upgra 20,745.00 20 Grant Fund governmental JESSE TREE OF IDAHO CDFA 14.253 Reimb for Homelessness Prevention 2,449.01 20 Grant Fund governmental JESSE TREE OF IDAHO CDFA14.253 Reimb for Homelessness Prevention 4,927.66 20 Grant Fund governmental MERIDIAN DEVELOPMENT CORPORATION CDFA14.253; Reimb for Sidewalk Procurem. Costs thru 7/31/19 1,322.00 Date: 10/15/19 02:44:14 PM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 486 of 793 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 20 Grant Fund governmental 29,443.67 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS Cart Placement Mailer 133.54 60 Enterprise Fund BLUE CROSS OF IDAHO Blue Cross Medical Premiums - October 2019 114,666.75 60 Enterprise Fund BPA HEALTH, INC.EAP Premiums, October 2019, 517 Employees 463.32 60 Enterprise Fund DELTA DENTAL PLAN OF IDAHO Group 0133-0000 October 2019 6,553.29 60 Enterprise Fund MASTERCARD MC PW#2 9/30/19 Statement 42.38 60 Enterprise Fund MASTERCARD MC Water#0538 September statement 74.98 60 Enterprise Fund MASTERCARD MC WW#1 #0611 September charges 105.44 60 Enterprise Fund NCPERS GROUP LIFE INS NCPERS Group Life Insurance - October 2019 160.00 60 Enterprise Fund NEW OAKS LLC ADA2016-011639; Reimbursement Oaks Lift 7/1/19-9/30/19 11,087.45 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001 Life Insurance Premiums October 2019 1,298.60 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001 LongTermDisability Ins Premiums October 2019 1,579.54 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001 ShortTermDisability Insurance Premiums Oct 2019 1,286.17 60 Enterprise Fund UNITED HERITAGE INSURANCE Group#2065A-001 United Heritage Vol Life Ins October 2019 792.72 60 Enterprise Fund VISION SERVICE PLAN #30 044489 0001 October 2019 Premiums 1,421.65 60 Enterprise Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Premiums 10/19 2,805.90 Total 60 Enterprise Fund 142,471.73 Report Total 671,799.54 Date: 10/15/19 02:44:14 PM Page: 2Meridian City Council Meeting Agenda October 22, 2019 – Page 487 of 793 EIDIAN,?-� DAHJ CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 5 X Item Title: AP Invoices for Payment - 10-23-19 - $2,916,479.89 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.X . Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment - 10/23/19 - $2,916,479.89 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices Cover Memo 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/17/2019 - 6:02 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 488 of 793 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 ACCELA, INC.19-0399 Accela Citizen Access Annual Maintenance and Support 59,695.57 01 General Fund ACCELA, INC.Accela Mobile User Lic Packs (Includes 5 named users)7,982.75 01 General Fund ADA COUNTY PARAMEDICS Blood Draw for Investigative Purposes 229.15 01 General Fund ALLEGIANT BUSINESS FINANCE LLC Temp Svcs: M.Callister W/E 09/08, 09/15,09/22 2,031.09 01 General Fund ALM SUITS & K9 EQUIPMENT kK9 new bite suit XL 1,255.00 01 General Fund AMSTERDAM PRINTING & LITHO Logoed Christmas backpacks for MPR staff & Commission x 47 471.45 01 General Fund ARLENCO DISTRIBUTION, INC surveillance monitors for parks - qty 6 670.80 01 General Fund ARROWHEAD FORENSIC PRODUCTS Evidence Supplies - Superseal & Dispenser Boxes Qty. 12 176.62 01 General Fund ARTSIGN DESIGN Vinyl Wrap (Power Box) MYAC 2,340.00 01 General Fund AXON ENTERPRISE INC 20-0049 License, Storage & Auto Tagging 12,819.48 01 General Fund BILLING DOCUMENT SPECIALISTS 20-0004 FY20 Statement & Delinquent Notice Processing 10/5/1 132.14 01 General Fund BMI GENERAL LICENSING music licensing dues 10/1/19-9/30/20 639.90 01 General Fund BOISE FITNESS EQUIPMENT Equipment for MPD Fitness Room, Storage Rack & Speed Rope 133.39 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.19-0092 softball umpires 9/23-9/27/19 - qty 68.5 games 2,650.97 01 General Fund BOYS & GIRLS CLUBS OF ADA COUNTY 7/15/14 agreement: gym use-transportation to facility 19/20 9,000.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/MF026, oil filter, rotation 206.60 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/oil filter, MF 024 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Axle Seal, Washer Fluid Bottle, Oil Change, Diff. Svc #121 501.04 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Fuel Injectors, Lt Engine Mount & Coolant for Unit#129 788.05 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Left Rear Turn Signal Bulb for Unit #45 15.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC New Tail Light & Wipers; Mayor's Vehicle 75.36 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Air Filter for Unit # 165 72.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Rear Shocks for Unit # 131 415.06 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 11 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 159 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 161 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change for Unit # 162 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 52 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Front Motor Mounts, Fuel Level Sender Unit#144 454.85 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, License Plate Bulb for Unit # 104 75.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Tires & Alignment for Unit # 33 775.63 Date: 10/17/19 02:31:10 PM Page: 1Meridian City Council Meeting Agenda October 22, 2019 – Page 489 of 793 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Warranty Front Brakes, Bright lights Unit#122 103.25 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Rear Brakes & Transmission Svc for Unit # 162 600.71 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tires for Unit #160 600.00 01 General Fund CAREER UNIFORMS Shirt and Sweater for S. Redman 50.45 01 General Fund CARL'S CYCLE SALES Motorcycle Pants for Goodspeed 206.99 01 General Fund CHAVCO TREE & LANDSCAPE SERVICES, INC. tree pruning & cleanup at Pine Street School 550.00 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Cash for U/C Ops Req, 07/24/19 - 09/30/19 350.00 01 General Fund CLIMA-TECH CORPORATION 20-0011 HVAC SSS Agreement thru 3/31/20 3,097.50 01 General Fund CLIMA-TECH CORPORATION Repair of Comm Issues at Police and WWTP 600.00 01 General Fund COLUMBIA ELECTRIC SUPPLY back plate for tdi enclosure for Tully Park irrigation x 1 16.19 01 General Fund COMMERCIAL TIRE 220/2 tires for T-31 1,323.98 01 General Fund COMMERCIAL TIRE 220/4 tires MF024 923.84 01 General Fund COMMERCIAL TIRE 220/dismount tires, 4 MF045 58.00 01 General Fund COMMERCIAL TIRE 220/tire change, T-31 338.00 01 General Fund COMPUNET 19-0F5-BIG-VE-BT-200MV18: BIG-IP Virtual Edition Best Bundle 14,759.92 01 General Fund COMPUNET F5-SVC-BIG-VE+PREL13: F5-BIG-VE-BT-200MV16, Level 1-3 Premiu 3,003.42 01 General Fund COONSE WELL DRILLING & PUMP CO INC 19-0314 pay #1 Settlers Park well replacement construction 121,795.45 01 General Fund CYALUME TECHNOLOGIES INC Chemlight Devices; Qty.30 6in green, Qty.10 6in Red, 10- 6in 722.44 01 General Fund D & L SUPPLY Four pair of jeans for J. Sweeney 119.96 01 General Fund DELIBERATE DYNAMICS INC SWAT Gear; Qty. 9 Balaclava's Qty. 9 Beanies 598.50 01 General Fund DIGLINE, INC.No PO Service Fee for Digline for Location thru 9/30 1,467.80 01 General Fund DIVISION OF BLDG SAFETY Annual Certification Fee for PD Admin Elevator 125.00 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 220/Electrical parts, repair St. 3 1.46 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO conduit & fittings for Tully Park irrigation - qty 16 25.69 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO electrical outlet cover for Kleiner Park - qty 1 19.12 01 General Fund FERGUSON ENTERPRISES INC.p-trap for sink repair at 8th Street Park - qty 1 77.55 01 General Fund FORSGREN ASSOCIATES, INC.220/ Fire Training Tower Inspection 6,610.00 01 General Fund GALL'S INC.OC Pouch for CSO Coleman 26.07 01 General Fund GEOTEK, INC.19-0032 TO #10927.a Comm & Res Bldg. Inspect 9/2019 24,145.00 01 General Fund H.D. FOWLER COMPANY fittings for PD filter install - qty 10 126.12 01 General Fund H.D. FOWLER COMPANY fittings for PD filter install - qty 6 163.46 01 General Fund HOME DEPOT CREDIT SERVICES 220/ 2 four packs & 6 three packs smoke alarms 399.76 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Staples, Sta. 1, Shop Supplies 26.00 Date: 10/17/19 02:31:10 PM Page: 2Meridian City Council Meeting Agenda October 22, 2019 – Page 490 of 793 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 HOME DEPOT CREDIT SERVICES 220/connector E35, & tool bag equip for E37 41.95 01 General Fund HOME DEPOT CREDIT SERVICES 220/ext cord, st. 5 66.97 01 General Fund HOME DEPOT CREDIT SERVICES 220/putty knives, shop supplies, St. 1 15.80 01 General Fund HOME DEPOT CREDIT SERVICES 220/timer for ext lights, ST. 4 50.98 01 General Fund HOME DEPOT CREDIT SERVICES 220/Training gloves 38.91 01 General Fund HOME DEPOT CREDIT SERVICES 220/Training lumber, 120 1x2 8ft strips 117.60 01 General Fund HOME DEPOT CREDIT SERVICES 220/zip ties for pub ed banners 11.87 01 General Fund HOME DEPOT CREDIT SERVICES C & D batteries, cleaner/degreaser, gloves, shelving unit 82.80 01 General Fund HOME DEPOT CREDIT SERVICES credit on spray paint for Parks Shop - qty 4 (25.36) 01 General Fund HOME DEPOT CREDIT SERVICES digital safe & hardware x 4; screwdriver set x 1 58.06 01 General Fund HOME DEPOT CREDIT SERVICES Equipment for Training Course; Padlocks, batteries 79.71 01 General Fund HOME DEPOT CREDIT SERVICES fall flowers for Fuller Park - qty 11 38.78 01 General Fund HOME DEPOT CREDIT SERVICES materials & supplies for Kleiner down spout painting x 15 128.83 01 General Fund HOME DEPOT CREDIT SERVICES microwave & refrigerator for Discovery Park shop - qty 2 627.52 01 General Fund HOME DEPOT CREDIT SERVICES sales tax reversal reference invoice 3220120 (35.52) 01 General Fund HOME DEPOT CREDIT SERVICES shelving unit for Homecourt - qty 1 24.98 01 General Fund HOME DEPOT CREDIT SERVICES Shipping Material - Stretch Wrap 36.98 01 General Fund HOME DEPOT CREDIT SERVICES spray paint for Parks Shop - qty 4 25.36 01 General Fund HOME DEPOT CREDIT SERVICES Spray Paint for Parks Shop Qty.4 23.92 01 General Fund HOME DEPOT CREDIT SERVICES step drill bits to drill holes for Fuller Park dugouts x 2 77.94 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards New Inspectors 231.25 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards V. Cleary; S. Archibald; J Shane 138.75 01 General Fund IDAHO HUMANE SOCIETY 20-0057 ID Humane Society - Animal Control Svcs October 2019 43,378.00 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice: Adera storage, Silverstone Apartments, Skyward 74.74 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice:Gem Prep, Silverstone Apartments, Ten Mile Plaz 65.86 01 General Fund IDAHO STATE POLICE Finger Printing and Background Checks 8/30/19--9/23/19 289.50 01 General Fund IDAHO STATE POLICE Ilets Access Fee & User Fee for Dec 2019 5,000.00 01 General Fund INDUSTRIAL/ORGANIZATIONAL SOLU New Officer Testing x25 Exam Form 2 642.00 01 General Fund INTERNATIONAL CODE COUNCIL 2012 Residential Mechanical Inspector online study guide 69.00 01 General Fund INTERNATIONAL CODE COUNCIL 2017 NEC Handbook w/ Tabs - Electrical Inspectors 408.00 01 General Fund JAYKER WHOLESALE NURSERY trees for Kleiner Park - qty 7 1,762.65 01 General Fund JAYKER WHOLESALE NURSERY trees for Kleiner Park arboretum - qty 6 930.40 Date: 10/17/19 02:31:10 PM Page: 3Meridian City Council Meeting Agenda October 22, 2019 – Page 491 of 793 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 JOHNSON CONTROLS FIRE PROTECTION LP 19-0209 MCH Supp. Gas Test & Inspect, 2 Sprinkler Tests 904.00 01 General Fund JONES & BARTLETT LEARNING LLC 220/15 Bldg Construction books 1,501.94 01 General Fund KENDALL SUPERSTORE Diagnose Clunk, Repair LF Upper Control Arm #101 144.95 01 General Fund KREIZENBECK, LLC 19-0328 pay #5 - Homecourt Bay 5 remodel thru Sept 2019 73,128.12 01 General Fund L.N. CURTIS AND SONS 220/Blauer pants, 12 pr 970.00 01 General Fund L.N. CURTIS AND SONS Uniform Holsters 115.31 01 General Fund LASER TECHNOLOGY INC Repair to Lidar Device 373.00 01 General Fund LASER TECHNOLOGY INC Repair to Lidar Device S/N UX010360 683.50 01 General Fund LEXIS NEXIS On line Legal Research - 9-2019 130.00 01 General Fund LOGAN SIMPSON DESIGN 18-0395 & 19-0331 Draft/Final Comp Plan + addt'l meeting 2,206.00 01 General Fund MARK FORD PerDiem:M.Ford,IACP,Chicago,IL10/25/19-10/30/19 418.00 01 General Fund MINUTEMAN, INC.keys for Homecourt - qty 6 18.00 01 General Fund MINUTEMAN, INC.keys for MYB clubhouse - qty 3 6.75 01 General Fund MINUTEMAN, INC.Locks for 5 file cabinets 223.25 01 General Fund MISTER CAR WASH Fleet Washes for Sept 2019 150.00 01 General Fund MODERN PRINTERS Business Cards for Federico, Aja, Villasano, York, Childers 130.00 01 General Fund MODERN PRINTERS Inspector Tags (5,000) Building Inspectors 855.00 01 General Fund MODERN PRINTERS Oct 2019 Newsletter Cut & Fold 1st Batch 168.00 01 General Fund MODERN PRINTERS Printing 775.00 01 General Fund MOTIONS DANCE STUDIO instructor fee - Rec Cheer 9/9-9/30/19 - qty 17 492.00 01 General Fund MOTIONS DANCE STUDIO instructor fee-Capoeira, Dazzle/Dance, Cheer 9/3-9/27/19; 40 1,192.00 01 General Fund MOTOROLA 2 Replacement Radio Heads for APX 6500 Mobile Radios 1,552.96 01 General Fund NAPA AUTO PARTS 220/1 box rags, shop supplies, st. 1 29.99 01 General Fund NAPA AUTO PARTS 220/credit for return, inv #556173 (16.10) 01 General Fund NAPA AUTO PARTS 220/relay switch, shop, returned, credit to follow 16.10 01 General Fund NAPA AUTO PARTS 220/shop supplies, ST. 1 white paint 27.16 01 General Fund NAPA AUTO PARTS Battery Terminal Cleaner & Protectant 13.78 01 General Fund NAPA AUTO PARTS Light Bulbs for Headlights & 3 Volts for Keyless Remotes 63.66 01 General Fund NIGHT VISION DEVICES INC Night Vision Parts 162.60 01 General Fund NORCO cylinder rental for welding gas - September 2019 40.80 01 General Fund OFFICE DEPOT, INC.220/envelopes 22.88 01 General Fund OFFICE DEPOT, INC.220/office supplies, binders, dividers 161.88 01 General Fund OFFICE DEPOT, INC.220/Office supplies, stamp, pens, pads, pouches 130.22 Date: 10/17/19 02:31:10 PM Page: 4Meridian City Council Meeting Agenda October 22, 2019 – Page 492 of 793 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund OFFICE DEPOT, INC.220/paper, folders, CD toner 279.07 01 General Fund OFFICE DEPOT, INC.Battery Alkaline Aa 48 P, Battery AAA 24pk 32.47 01 General Fund OFFICE DEPOT, INC.Binders & Pencil Pouches for PSTC 26.69 01 General Fund OFFICE DEPOT, INC.Card, Lsr, Post, wht, 100ct 20 Bx, Pen 7mm 220.15 01 General Fund OFFICE DEPOT, INC.copy paper - qty 2 cases 60.26 01 General Fund OFFICE DEPOT, INC.Cups for Hot Drinks 5.96 01 General Fund OFFICE DEPOT, INC.Front Counter Call Bell 4.49 01 General Fund OFFICE DEPOT, INC.Gas Duster 10oz 12ea/pk, Duo Gel Wave Kybrd Wrist, Duo Gel W 184.49 01 General Fund OFFICE DEPOT, INC.Post It Flags, Toner 71.66 01 General Fund OFFICE TEAM 19-0067 w/e 9/20/19 John Hale Records Retention 184.90 01 General Fund OFFICE TEAM 19-0365 w/e 9/27/19 John Hale Records Retention 92.45 01 General Fund OFFICE VALUE - MERIDIAN Correction Tape for PD 13.44 01 General Fund OFFICE VALUE - MERIDIAN Folders with Fasteners for PD 34.70 01 General Fund OVERHEAD DOOR COMPANY 220/repair garage door, St. 3, coax cable antenna 575.80 01 General Fund OXARC, INC.220/refill 2 medical oxygen cylinders 18.11 01 General Fund PLATT ELECTRIC SUPPLY 220/ Alert lamps, Sta. 5, Qty. 5 85.40 01 General Fund PLATT ELECTRIC SUPPLY 220/lights for flag pole, ST. 3 20.80 01 General Fund PLATT ELECTRIC SUPPLY parts to install emergency lights at Lanark Parks Shop x 3 28.30 01 General Fund PLUM UNIQUE EVENTS Main Street Market coordination 1,000.00 01 General Fund PORTAPROS, LLC portable toilets at Jabil Fields 9/13/19 508.00 01 General Fund PORTAPROS, LLC portable toilets for HMS ball fields 9/13/19 508.00 01 General Fund PRECISION COMMUNICATIONS, INC 19-0366 Professional services 19,616.00 01 General Fund PREMIER SIGNS 220/ Outdoor signs, Sta. 1-5 9,478.10 01 General Fund PREMIER SIGNS 220/4 reflective signs for E36 130.00 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 9/8-9/29/19 - qty 31 496.00 01 General Fund RICOH USA, INC C508P800916 Plan Review Suite 202-print/copy count charges 47.42 01 General Fund RICOH USA, INC Copier Addt'l Images for Comm Svc C86197400 Sept 2019 63.92 01 General Fund RICOH USA, INC Copier Addt'l Images Lt. Hall, C86216993 Sept 2019 99.15 01 General Fund RICOH USA, INC Copier Addt'l Images PSTC C86247349 Sept 2019 39.12 01 General Fund RICOH USA, INC PSTC Copier Addt'l Images for July 2019 C86247349 37.26 01 General Fund SAFEBUILT LLC 19-0371 TO #10925.b Comm. & Residential Plan Review 67,941.37 01 General Fund SALT LAKE WHOLESALE SPORTS 19-0180 Duty Ammunition Qty. 6 Cases 2,648.10 01 General Fund SALT LAKE WHOLESALE SPORTS Duty Firearms, Equip for Impact 7-Glocks w/Magazines 2,278.50 01 General Fund SBI CONTRACTING toilet paper dispensers for Discovery Park x 6 300.00 01 General Fund SCOTT COLAIANNI PerDiem:S.Colaianni,IACP,Chicago,IL10/25/19-10/30/...418.00 Date: 10/17/19 02:31:10 PM Page: 5Meridian City Council Meeting Agenda October 22, 2019 – Page 493 of 793 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 SHANNON LIND instructor fee - Gentle Movement Stretch 9/4-9/25/19 - qty 6 134.00 01 General Fund SHI INTERNATIONAL CORP VisioStd 2019 Sngl Mvl 540.90 01 General Fund SHRED-IT USA, LLC.220/paper shredding Admin 9-24 33.49 01 General Fund SHRED-IT USA, LLC.Shredding pickup Sept2019 clerk,water,finance 115.50 01 General Fund SPF WATER ENGINEERING, LLC 19-0030 prof svcs Settlers irrigation well engineering 09/19 3,744.50 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF014 - Repair discharge gauge, failed battery 1,790.25 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF019 - Install exhaust pipe (diesel exhaust project) 196.35 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF021 - Preventive Maintenance 1,293.21 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF021 - Repair worn harness, ground lighting 800.70 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF028 - Repair backup cam 933.28 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF028-Install exhaust system adapter (Diesel exh. proj) 127.50 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF040 - Drain fuel tank 601.80 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF040 - Preventive Maintenance 707.71 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/ MF040 - Repair ladder rack 208.08 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF014-Repair Knoxbox, discharge gauge, ladder rack light 966.45 01 General Fund SYNCB/AMAZON 220/notebooks, coffee filters 64.82 01 General Fund SYNCB/AMAZON 463595535843;WALI PremDual LCD Monitor Desk Mount Fully Adj 40.00 01 General Fund SYNCB/AMAZON 464774776334; Pens, Batteries, Index Tabs 107.72 01 General Fund SYNCB/AMAZON 648354458958; 220/Dishwasher & Washing machine cleaning tabs 173.80 01 General Fund SYNCB/AMAZON VHS to Digital Converter 19.48 01 General Fund THE ACTIVITY GROUP Tourniquets for New Hires & Spares Qty. 12 367.20 01 General Fund THE CAR PARK Courthouse Parking for Sept 2019 52.00 01 General Fund THE LAND GROUP, INC.16-0233 prof svcs - E James Court sidewalk path widen 09/19 812.50 01 General Fund THE UPS STORE 220/postage, LMF poster 12.31 01 General Fund THE UPS STORE Postage to send Evidence to Lab 46.91 Date: 10/17/19 02:31:10 PM Page: 6Meridian City Council Meeting Agenda October 22, 2019 – Page 494 of 793 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 TOTAL SYSTEM SERVICES 220/North AC repair at ST. 1, failed control board 575.26 01 General Fund TOTAL SYSTEM SERVICES Labor & Parts for Transformer of Exhause Fans 397.78 01 General Fund TOTAL SYSTEM SERVICES Replace pressure gauges on condenser units in Data Rm 206.87 01 General Fund TRACY BASTERRECHEA PerDiem:T.Basterrechea,IACP,Chicago,IL10/25/19-10...418.00 01 General Fund ULTRA TOUCH CAR WASH Basic Car Wash - Vehicle #3 12.70 01 General Fund ULTRA TOUCH CAR WASH Basic Car Wash - Vehicle #5 12.70 01 General Fund ULTRA TOUCH CAR WASH Basic Car Wash - Vehicle #8 25.40 01 General Fund ULTRA TOUCH CAR WASH C18641 Blue Fusion Basic Car Wash 12.70 01 General Fund ULTRA TOUCH CAR WASH C19536 Chevy Equinox Exterior Car Wash 12.70 01 General Fund ULTRA TOUCH CAR WASH C19608 Gray Fusion Exterior Car Wash 12.70 01 General Fund ULTRA TOUCH CAR WASH Exterior Car Wash - Vehicle #9 6.75 01 General Fund ULTRA TOUCH CAR WASH Vehicle Wash for PD - P 1699 3114 12.70 01 General Fund UNIFORMS 2 GEAR New Hire Gear - Trudeau 71.37 01 General Fund USSSOA 19-0051 Flag Football officiating 9/23-9/27/19 - qty 8 676.42 01 General Fund USSSOA 19-0051 volleyball officials 9/23-27/19 x 52; team regs x107 3,833.42 01 General Fund WASHINGTON ASSOC OF BUILDING OFFICIALS Job Posting - Bldg Plans Examiner II; 9/2019 50.00 01 General Fund WEIDNER & ASSOCIATES 220/ SCBA Breathing compressor repair 1,563.00 01 General Fund ZACH KIEBEL TUP19-0139Homestead Bar and Grill Request to Withdrawl 65.00 Total 01 General Fund 557,647.48 07 Impact Fund ANVIL FENCE CO 19-0039 CO2 Discovery Park Fencing thru6/30/19FINAL 9,058.00 07 Impact Fund BISON PUMPS Discovery Park sand & water play pumps & rebuild kits 3,149.06 07 Impact Fund D & A DOOR & SPECIALTIES, INC.18-0238 BP9 Doors, Fra & Hard -S Mer Ref thru 09/30/19 FINAL 1,880.60 07 Impact Fund D & A DOOR & SPECIALTIES, INC.18-0238 pay 3 Discovery doors, frames, hardware thru 9/30/19 847.40 07 Impact Fund D & A DOOR & SPECIALTIES, INC.19-0192 Discovery Park Maint. Shop Doors, Fra 7/31/19FINAL 482.00 07 Impact Fund DAVID EPLEY & ASSOCIATES 18-0240 BP11 Painting - So Mer Reg Park Thru 07/31/19FINAL 1,365.00 07 Impact Fund DAVID EPLEY & ASSOCIATES 19-0195 Disc Park Maint. Shop Painting Thru 06/30/19 FINAL 306.00 07 Impact Fund DEBEST PLUMBING, INC 19-0078 CO3 Disc Park Plumbing Services thru 08/31/19 FINAL 8,022.86 Date: 10/17/19 02:31:10 PM Page: 7Meridian City Council Meeting Agenda October 22, 2019 – Page 495 of 793 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 07 Impact Fund DEBEST PLUMBING, INC 19-0078 pay #18 Discovery Park plumbing thru 8/31/19 3,027.65 07 Impact Fund DEBEST PLUMBING, INC 19-0196 Discovery Park Maint. Shop Plumb thr 05/31/19FINAL 132.50 07 Impact Fund ESI, INC 19-0230 220/ST. 6, Sept 2019 Charges 252,591.51 07 Impact Fund FRANZ WITTE LANDSCAPE 19-0063 BP2 Landscaping So. Mer. Reg Park thru 8/31/19 FINAL 43,155.90 07 Impact Fund JAYKER WHOLESALE NURSERY trees for Discovery Park - qty 8 1,856.70 07 Impact Fund KNIFE RIVER 19-0056 CO5 Discovery Park additional sitework 10/4/19 FINAL 100,065.39 07 Impact Fund KREIZENBECK, LLC 18-0223;19-0147 CM Serv for So. Mer Reg PK thru09/30/19FINAL 19,864.38 07 Impact Fund LANDON ENTERPRISES 19-0076 CO3 Discovery Park Concrete 09/10/19 FINAL 40,323.00 07 Impact Fund LANDON ENTERPRISES 19-0076 pay #13 Discovery Park concrete thru 9/10/19 11,542.50 07 Impact Fund LEIGHTON ENTERPRISES, INC 19-0190 Discovery Park Maint. Shop Wood Framing 08/19 FINAL 1,704.75 07 Impact Fund LURRE CONSTRUCTION 19-0188 Discovery Park Maint. Shop Concrete 6/30/19 FINAL 1,847.50 07 Impact Fund MATERIALS TESTING & INSPECTION 19-0254 220/ST. 6, 9-1 to 9-30-19 523.25 07 Impact Fund MOUNTAIN POWER ELECTRICAL 19-0199 Discovery Park Maint. Shop Elec thru 6/30/19 FINAL 1,696.15 07 Impact Fund OUTLAND STEEL, INC 18-0235 pay 4 Discovery steel fabrication & erection 9/25/19 674.50 07 Impact Fund SONNTAG RECREATION 19-0324 CO2 Disc Park Play thru08/28/19FINAL 23,468.20 Total 07 Impact Fund 527,584.80 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC PO#19-0231, Programming HMI/SCADA thru 9/25/19 546.25 60 Enterprise Fund ALTECCA CONSTRUCTION REFUND WT/S/T: 3143 E MAGIC VIEW DR DUMPSTER ACCT CLOSED 283.43 60 Enterprise Fund ANTONIO WONG REFUND WT/S/T: 239 W WAUSAU ST OWNER AND PROP. MGMT PAID 37.26 60 Enterprise Fund BBW INVESTMENTS LLC REFUND WT/S/T: 108 E FAIRVIEW AVE DUMPSTER ACCT CLOSED DEPOS 36.58 60 Enterprise Fund BERT FRESCURA REFUND WT/S/T: 931 W GREAT BASIN DR TITLE COMPANY OVERPAID 108.16 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 20-0004 FY20 Statement & Delinquent Notice Processing 10/5/1 8,471.69 Date: 10/17/19 02:31:10 PM Page: 8Meridian City Council Meeting Agenda October 22, 2019 – Page 496 of 793 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 BLACK EAGLE CONSTRUCTION 19-0348 Pipe repair, sidewalk & asphalt repair 9/25/19 12,980.00 60 Enterprise Fund BLACK EAGLE CONSTRUCTION 19-0348 Sidewalk, curb, & asphalt repair 9/27/19 4,250.00 60 Enterprise Fund BRAD & JAMIE BERLS REFUND WT/S/T: 4199 E PINE BLUFF DR CUSTOMER PAID AFTER CLOS 32.23 60 Enterprise Fund BRANNON AND KRISTEL CEDERGREEN REFUND WT/S/T: 951 W CRATER LAKE CT CUSTOMER PAID AFTER CLOS 172.76 60 Enterprise Fund BRENT AND GAIL VAN PATTEN REFUND WT/S/T: 2481 N LARCHMONT PL CUSTOMER PAID AFTER CLOSI 412.39 60 Enterprise Fund BROWN & CALDWELL 18-0284 WRRF Headworks Upgrades Thru 8/22/19 7,614.13 60 Enterprise Fund BROWN & CALDWELL 18-0284 WRRF Headworks Upgrades Thru 9/30/19 4,110.00 60 Enterprise Fund BROWN & CALDWELL Credit for Itemized Meal Receipt Not Provided (17.44) 60 Enterprise Fund CAREER UNIFORMS Clothing for MDuran, DMittelstedt,k TBernard, & WW Staff 440.05 60 Enterprise Fund CAREER UNIFORMS Hats w/ Logos, C. Ambroz, S. Pehrson, Spares, Qty 22 324.70 60 Enterprise Fund CARQUEST AUTO PARTS ANT 201 Conventional 50/50, Qty 1, WO#270395 12.34 60 Enterprise Fund CASEY AND ANNALISA CORRINGTON REFUND WT/S/T: 3735 S VENETO AVE TITLE COMPANY OVERPAID 32.10 60 Enterprise Fund CH2M HILL ENGINEERS, INC 19-0387 TO#10044.N PROCESS CONT SOFTWARE INTEGRATION FINAL 1,380.37 60 Enterprise Fund CHAMPERY REAL ESTATE 2015 LLC REFUND WT/S/T: 1882 NW 13TH AVE CUSTOMER AND TITLE PAID FINA 69.32 60 Enterprise Fund CHARLOTTE CHAMBERS REFUND WT/S/T: 1943 W POND STONE ST TITLE COMPANY OVERPAID 71.03 60 Enterprise Fund CITY OF BOISE 19-0004 IPDES testing (71 tests)2,730.00 60 Enterprise Fund CITY OF BOISE Pretreatment sample testing (67 tests)890.50 60 Enterprise Fund CMCI LLC No PO PRV 5 & 17 Abandonment Service Thru 9/3/19 650.18 60 Enterprise Fund COASTLINE EQUIPMENT COMPANY No PO PRV 5 & 17 Abandonment Service through 9/10 552.75 60 Enterprise Fund COBBLESTONE PROPERTY MGMT REFUND WT/S/T: 4143 N FRANDON AVE RENTER AND PROP. MGMT PAID 24.93 Date: 10/17/19 02:31:10 PM Page: 9Meridian City Council Meeting Agenda October 22, 2019 – Page 497 of 793 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 COLUMBIA ELECTRIC SUPPLY AC drive for VFD repair at tertiary filter 3, bldg 1 (1 qty)573.33 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Name plates to add HOA switches (24 qty)82.08 60 Enterprise Fund CONDOC No PO Misc Projects Service to 9/30/19 149.97 60 Enterprise Fund CSS GROUP 9/1-9/30, Translore License for Digline Tickets, Qty 1239 238.02 60 Enterprise Fund CUE'S INC Auto payout reel for CCTV Van 1 C16415 (2 qty)2,516.98 60 Enterprise Fund CUE'S INC Shipping charges for computer- CCTV Van 1 (1 qty)80.00 60 Enterprise Fund D & B SUPPLY Maintenance on chain saw 65.73 60 Enterprise Fund D & B SUPPLY Safety boots for RRhoads (1 qty)85.49 60 Enterprise Fund D & B SUPPLY Steel Toed Bogs, M. Hinrichs, Qty 1 129.99 60 Enterprise Fund D & B SUPPLY Steel Toed Bogs, N. Tambornini, Qty 1 129.99 60 Enterprise Fund D & B SUPPLY Steel Toed Bogs, Z. Hatfield, Qty 1 129.99 60 Enterprise Fund DIGLINE, INC.Digline Tickets, Qty 1223 2,185.59 60 Enterprise Fund DJW PROPERY MANAGMENT REFUND WT/S/T: 194 E BALDWIN ST OWNER OVERPAID 23.60 60 Enterprise Fund DON CASE CDL Testing; Permit and License 348.00 60 Enterprise Fund EMMETT AND JULIE BURNEY REFUND WT/S/T: 3402 N MAPLSTONE AVE CUSTOMER PAID AFTER CLOS 59.58 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.TSS filters (15 qty)510.75 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0362, Re-Sampling Arsenic @ Well 32, WO#268951 20.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0396, Compliance Sampling @ Well 11, WO#268939 225.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0396, Compliance Sampling @ Well 11, WO#268940 105.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0396, Compliance Sampling @ Well 16b, WO#268675 105.00 Date: 10/17/19 02:31:10 PM Page: 10Meridian City Council Meeting Agenda October 22, 2019 – Page 498 of 793 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 EUROFINS EATON ANALYTICAL LLC PO#19-0396, Compliance Sampling @ Well 28, WO#268676 80.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0396, Compliance Sampling @ Well 29, WO#271344 1,286.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0396, DBP 3rd Quarter Sampling 990.00 60 Enterprise Fund EVOQUA WATER TECHNOLOGIES, LLC.Lab DI rental agreement 10/1/19-9/30/20 755.38 60 Enterprise Fund EVOQUA WATER TECHNOLOGIES, LLC.Lab DI water maintenance agreement 618.01 60 Enterprise Fund FERGUSON ENTERPRISES INC.2in x 1.5in Bell Reducer, Qty 1, WO#269280 24.80 60 Enterprise Fund FERGUSON ENTERPRISES INC.2in x 6in Brass Nipple, Qty 1, WO#269280 31.04 60 Enterprise Fund FERGUSON ENTERPRISES INC.Check Valve to Replace @ Blackrock Booster, WO#268988 2,250.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Fittings to install valve in centrate line (2 qty)822.22 60 Enterprise Fund FERGUSON ENTERPRISES INC.Handheld Meter Transmitter, Qty 1 11,948.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.No PO PRV 5 & 17 Abandonment service through 9/09/19 467.70 60 Enterprise Fund FERGUSON ENTERPRISES INC.No PO PRV 5 & 17 Abandonment Thru 9/3/19 118.41 60 Enterprise Fund FERGUSON ENTERPRISES INC.Parts for a Backflow Updgrade, Qty 13 95.84 60 Enterprise Fund FERGUSON ENTERPRISES INC.Parts for OCCT @ Well 19, Qty 72 3,786.67 60 Enterprise Fund FRANZ WITTE LANDSCAPE Trees for landscaping (13 qty)3,694.96 60 Enterprise Fund GRANITE EXCAVATION, INC 19-0170 S. Meridian Linder Rd. Sewer Trunk Svc to 5/26/19 374,245.04 60 Enterprise Fund H.D. FOWLER COMPANY 3/4in Brass Joint Coupling, Stiffener, Meter Key, Qty 37 311.99 60 Enterprise Fund H.D. FOWLER COMPANY 36in Valve Box Base Section, Qty 2 179.82 60 Enterprise Fund H.D. FOWLER COMPANY No PO PRV 5 & 17 Abandonment Service Through 9/13/19 30.56 60 Enterprise Fund HAZEL ASPHALT, LLC No PO PRV 5 & 17 Abandonment Service through 9/16/19 750.00 Date: 10/17/19 02:31:10 PM Page: 11Meridian City Council Meeting Agenda October 22, 2019 – Page 499 of 793 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 HOME DEPOT CREDIT SERVICES Drawer liner, air compressor, grinder, wrenches, (91 qty) 1,423.45 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Fertilizer (6 qty)13.14 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Hoses, brushes, pliers, coupling, & hose hangout for biofilt 87.58 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Measuring wheel, driver set, tote, pliers, snips, (65 qty)2,023.75 60 Enterprise Fund HOME DEPOT CREDIT SERVICES No PO PRV 5 & 17 Abandonment Service Through 9/10/19 36.60 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Oxide set, screwdrivers, caulk gun, bar kit, mallets (23 qty 922.38 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Refund due to sales tax charge (21.79) 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Stackable Storage Bin, Qty 1 3.97 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Toilet flapper & tape measure (2 qty)20.55 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Tool boxes (2 qty)2,596.00 60 Enterprise Fund INDUSTRIAL FILTER MANUFACTURERS, INC. Parts for post air blower inlet filter replacement (3 qty)1,001.38 60 Enterprise Fund IRMINGER CONSTRUCTION 19-0296 Well 28 Water Treatment Svc to 9/30/19 179,840.82 60 Enterprise Fund IRMINGER CONSTRUCTION HVAC Gas Piping @ Well 21, Qty 1, WO#264034 1,545.00 60 Enterprise Fund JAYKER WHOLESALE NURSERY Shrubs (14 qty)417.30 60 Enterprise Fund JC CONSTRUCTORS INC 18-0253 18-0364 18-0433 19-0116 19-0260 19-0100 Cap Exp 1,004,517.69 60 Enterprise Fund JC CONSTRUCTORS INC 19-0100 WRRF Capacity Expansion Service Through 9/30 114,136.43 60 Enterprise Fund JOHNSON CONTROLS FIRE PROTECTION LP 19-0209 Backflow Test at Well No. 22 50.00 60 Enterprise Fund JUB ENGINEERS 19-0373 ACHD Eagle to Victory Wtr-Swr Svc to 8/31/19 277.20 60 Enterprise Fund JUB ENGINEERS No PO Consulting Eng Water FY19 svc to 9/30/19 970.00 60 Enterprise Fund LARRY AND WILLA HARRELSON REFUND WT/S/T: 3095 W RAVEHURST ST TITLE COMPANY OVERPAID 94.46 Date: 10/17/19 02:31:10 PM Page: 12Meridian City Council Meeting Agenda October 22, 2019 – Page 500 of 793 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 LAWN CO MAINTENANCE No PO PRV 5 & 17 Abandonment Service thru 9/23/19 900.00 60 Enterprise Fund LAWN CO MAINTENANCE PO#19-0221, 10/1-10/31, 4 Weeks Lawn Care @ Well Sites 2,364.56 60 Enterprise Fund LAWN CO MAINTENANCE Pruning of crab apple tree at McCaille lift station 50.00 60 Enterprise Fund LAWN CO MAINTENANCE Pruning of trees & shrubs at N. Black Cat lift station 750.00 60 Enterprise Fund LAWN CO MAINTENANCE Pruning of trees at S. Black Cat lift station 9/25/19 350.00 60 Enterprise Fund MARTEN JEROME FARMS LP REFUND WT/S/T: 5074 N CORTONA WAY OWNER AND PROP. MGMT PAID 123.83 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135 WRRF Capacity Expansion Service thru 9/30 1,402.20 60 Enterprise Fund McCALL INDUSTRIAL SS coupler & SS ball valve (6 qty)167.85 60 Enterprise Fund METROQUIP, INC.Brass shoe for auto wind on vactor hydrocleaner C19957 71.54 60 Enterprise Fund METROQUIP, INC.Debris baskets w/poles (2 qty)4,084.00 60 Enterprise Fund METROQUIP, INC.Female to Female Hose Fitting, Qty 4 32.92 60 Enterprise Fund METROQUIP, INC.Labor & parts to install back up camera on CCTV Van 1 1,596.68 60 Enterprise Fund METROQUIP, INC.Labor & parts to install backup camera on CCTV Van 2 1,531.21 60 Enterprise Fund METROQUIP, INC.Parts for hydro excavation tool set up on vactor hydrocleane 676.60 60 Enterprise Fund METROQUIP, INC.Parts to install backup/side mount camera on camel hyro 541.21 60 Enterprise Fund MICHAEL MIERAETH REFUND WT/S/T: 526 E HAVASUPAI ST CUSTOMER PAID AFTER CLOSIN 69.48 60 Enterprise Fund MOREHOUSE PROPERTY MGMNT REFUND WT/S/T: 1912 COOL CREEK AVE DUMPTERS ACCT CLOSED DEPO 49.03 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 19-0211 Well 28 Water Treatment Service through 9/20 7,306.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.8mil industrial grade nitrile gloves-sizes L, XL, & 2XL (30 616.20 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.AL coupling 2 inch thread x 2 inch hose female (3 qty)35.55 Date: 10/17/19 02:31:10 PM Page: 13Meridian City Council Meeting Agenda October 22, 2019 – Page 501 of 793 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Bolts for stock (265 qty)100.64 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Deep socket sets & metric socket sets (8 qty)362.22 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Dupsters for Headworks (2 qty)3,978.14 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.HEX key set-11pc (4 qty)258.08 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.HEX key sets-8pc (4 qty)220.52 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Metric socket set-24pc & soldering kit (4 qty)689.59 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Metric wrench set (2 qty)313.34 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Pressure gauge (1 qty)23.36 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Socket set, blackhawk extensions, & drive adapters (12 qty) 153.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Vertical band saw vice parts (5 qty)646.07 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Vertical bandsaw vice (1 qty)779.50 60 Enterprise Fund MURRAYSMITH INC 19-0257 ACHD Ten Mile, Water & Sewer Improvements thr 8/31 1,073.50 60 Enterprise Fund NORCO Cylinder rental for Sept 2019 59.46 60 Enterprise Fund NORCO Disinfectant bleach (1 cs)20.58 60 Enterprise Fund NORCO Hi-vis jackets for DPereira, DDeighton, WMusick (5 qty)228.15 60 Enterprise Fund NORCO Laundry soap (2 qty)52.40 60 Enterprise Fund OFFICE DEPOT, INC.4 monitor stands 2 1/2 in binders 106.44 60 Enterprise Fund OFFICE TEAM PW Front Desk Temp 361.35 60 Enterprise Fund OFFICE TEAM PW Receptionist 316.80 60 Enterprise Fund OFFICE TEAM Temporary PW Receptionist 485.10 Date: 10/17/19 02:31:10 PM Page: 14Meridian City Council Meeting Agenda October 22, 2019 – Page 502 of 793 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 OFFICE VALUE - MERIDIAN 3lb Coffee, Qty 4 44.56 60 Enterprise Fund OFFICE VALUE - MERIDIAN 3lb Coffee, Qty 6 66.84 60 Enterprise Fund OLYMPUS TECHNOLOGIES, INC.Centering seals to repair digester mixers @ digester 4 & 5 1,168.14 60 Enterprise Fund OPTIV SECURITY INC Tempered Networks: Legacy Product Maintenance, Support and M 459.78 60 Enterprise Fund PACIFIC BACKFLOW LLC PO#19-0071, Backflow Test @ Keith Bird Legacy Park, Qty 1 46.00 60 Enterprise Fund PLATT ELECTRIC SUPPLY LED MOD-Red for gas alarming project at N. Black Cat ls (3 q 378.18 60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to install cam-lok connections to generator (61 qty) 720.41 60 Enterprise Fund PLATT ELECTRIC SUPPLY Returned LED-Red parts (3 qty)(273.97) 60 Enterprise Fund PREMIER SIGNS No PO 18x24 Aluminum Sign for Well 33 74.50 60 Enterprise Fund RICOH USA, INC C86232612 C86232690 B/W & Color pages Env and PW Printers 301.99 60 Enterprise Fund RICOH USA, INC C86236263 b/w (175 qty) & color (481 qty) images 31.26 60 Enterprise Fund SCOTT AND CEMILLE ALTRINGER REFUND WT/S/T: 551 W DAVENPORT TITLE COMPANY OVERPAID 100.00 60 Enterprise Fund SEAN & JENNIFER WEST REFUND WT/S/T 1395 N GALLANT LN TITLE COMPANY OVERPAID 77.82 60 Enterprise Fund SHRED-IT USA, LLC.Shredding pickup Sept2019 clerk,water,finance 97.65 60 Enterprise Fund SILVER CREEK SUPPLY Parts for sprinkler modification (158 qty)30.78 60 Enterprise Fund SILVER CREEK SUPPLY Tubing for sprinkler modifications (200 ft)21.42 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY No PO PRV 5 & 17 Abandonment Services through 9/13/19 547.25 60 Enterprise Fund STATEFIRE DC SPECIALTIES, LLC Labor & parts to repair fire alarm panel (6 hrs)823.38 60 Enterprise Fund SULLIVAN REBERGER 19-0011 Lobbying Fees for September 4,000.00 60 Enterprise Fund SUPERIOR EQUIPMENT REPAIR, INC Labor & parts to repair power & coolant leak on camel hydro 3,840.92 Date: 10/17/19 02:31:10 PM Page: 15Meridian City Council Meeting Agenda October 22, 2019 – Page 503 of 793 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund SYNCB/AMAZON 455587366548; Wire spool holders for new van (2 qty)202.92 60 Enterprise Fund SYNCB/AMAZON 493649478747;Drawer unit, wheelbase for ladder mount (4 qty) 1,660.38 60 Enterprise Fund SYNCB/AMAZON 574589494743; Thuderbolt to HDMI Adaptor for Surface Pro 14.78 60 Enterprise Fund SYNCB/AMAZON 735464783774; HDMI cable & TV mount (2 qty)80.99 60 Enterprise Fund SYNCB/AMAZON 838735666363; 3 hook rack for new van (1 qty)20.05 60 Enterprise Fund TECHNI CHEM CORPORATION Glycol for heat exchanger rebuild at mechanical bldg (12 gal 270.00 60 Enterprise Fund THOMAS AND RENEE GLEDHILL REFUND WT/S/T: 2939 N CHRISTIAN WAY AUTO PAY PROCESSED AFTER 58.93 60 Enterprise Fund TIMOTHY AND ANDREA SAWYER REFUND WT/S/T: 993 N PORTCHESTER AVE DUMPSTER ACCT CLOSED 151.93 60 Enterprise Fund USA BLUEBOOK 2in Backflow Total Repair Kit, Qty 2 757.36 60 Enterprise Fund VICTORY GREENS No PO PRV 5 & 17 Abandonment Service through 9/17 43.90 60 Enterprise Fund VWR INTERNATIONAL LLC.Dispensette (1 qty)347.88 60 Enterprise Fund WEIDNER LLC REFUND WT/S/T: 540 E FRANKLIN RD DUMPSTER ACCT CLOSED 98.02 60 Enterprise Fund WESTERN STATES AUTOMATION, LLC 3/4in Full Port Ball Valve for OOCT @ Well 19, Qty 2 949.81 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Credit for overcharge on labor (4,403.63) 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor for 6yr coolant service & annual maint on GEN#1 3,624.50 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor for 6yr coolant service & annual maint on GEN#2 8,028.13 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor for 6yr coolant service & annual maint on GEN#3 3,384.50 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor for 6yr coolant service & annual maint on GEN#4 3,620.90 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor for fuel sample on diesel fueling station tank-annual 245.43 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor to repair threads on filter housing-GEN#2 164.67 Date: 10/17/19 02:31:10 PM Page: 16Meridian City Council Meeting Agenda October 22, 2019 – Page 504 of 793 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 60 Enterprise Fund 1,831,247.61 Report Total 2,916,479.89 Date: 10/17/19 02:31:10 PM Page: 17Meridian City Council Meeting Agenda October 22, 2019 – Page 505 of 793 EIDIANDAHO +�- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 6 Item Title: Items Moved from the Consent Agenda Meeting Notes: Lj�/rE IDIZ IAN,'±-- �J CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 7 Item Title: Announcements Meeting Notes: EIDIAN,?-� CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 8 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 of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/22/2019 Hearing Type: Public Forum Active: ❑ Signature Name Discussion Topic Sign In Date/Time Jared smith Compression brakes 10/22/2019 5:55:57 PM Bruce Turner H-2019-0104 10/22/2019 6:09:31 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=347 10/24/2019 Cj�/rEDAHO IDIZ IANC -- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 9 A Item Title: Public Works: Solid Waste Survey Results Meeting Notes: JA I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: David M iles, T homas O tte, J ason M orado from the E T C Institute Estimated Time f or P resentation: 20 Minutes Title of I tem - Public Works: S olid Waste Survey Results Tom wants this on 10/22, but the Work Session is J oint Meeting with MD C C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S olid Waste Survey B ackup Material 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/18/2019 - 1:37 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 506 of 793 EIDIANDAHOC CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 9 B Item Title: Final Plat for Entrata Farms No. 2 (H-2019-0113) By FIG Village at Parkside, LLC., Located at 3882 W. Franklin Rd. Meeting Notes: ,�6 /zo)y I TEM SHEET C ouncil Agenda I tem - 9.B . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for E ntrata F arms No. 2 (H-2019-0113) by F I G Village at Parkside, L L C , L ocated at 3882 W. F ranklin Rd. C lic k Here for Applic ation Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/18/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/18/2019 - 3:45 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 656 of 793 Page 1 HEARING DATE: 10/22/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0113 Entrata Farms Subdivision No. 2 LOCATION: 3882 W. Franklin Rd., in a portion of the south ½ of Section 10, T.3N., R.1W. I. PROJECT DESCRIPTION Final Plat consisting of 30 building lots and 1 common lot on 6.36 acres of land in the R-15 zoning district for the second phase of Entrata Subdivision. II. APPLICANT INFORMATION A. Applicant: FIG Village at Parkside, LLC – 295 W. Center St., Ste. 201, Provo, UT 84601 B. Owner: Same as Applicant C. Representative: Kent Brown, Kent Brown Planning – 3161 E. Springwood Dr., Meridian, ID 83642 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 final plat depicts the same number of building lots and qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Children’s play equipment is proposed as an amenity in this phase of development (see detail in Section V.C). STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda October 22, 2019 – Page 657 of 793 Page 2 All development shall comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. Note: The Kennedy Lateral was previously approved by City Council with the final plat for Umbria Subdivision (FP-06-011), the development to the east, to remain open and not be piped due to its large capacity in accord with UDC 11-3A-6. 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: 10/16/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 658 of 793 Page 3 B. Final Plat (date: 10/7/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 659 of 793 Page 4 Meridian City Council Meeting Agenda October 22, 2019 – Page 660 of 793 Page 5 C. Landscape Plan (dated: 9/23/19) & Site Amenities Meridian City Council Meeting Agenda October 22, 2019 – Page 661 of 793 Page 6 Meridian City Council Meeting Agenda October 22, 2019 – Page 662 of 793 Page 7 Meridian City Council Meeting Agenda October 22, 2019 – Page 663 of 793 Page 8 Meridian City Council Meeting Agenda October 22, 2019 – Page 664 of 793 Page 9 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-2018-0125, Development Agreement #2019-019691). 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 T-O Engineers stamped on 10/7/2019 by Rob O’Malley, included in Section V.B, shall be revised as follows: a. Note #1: Include recorded instrument number of sanitary sewer and water main easement(s). b. Note #4: “. . . Lots within Entrata Subdivision No. 12 will be entitled to . . .” c. Note #9: Include recorded instrument number of CC&R’s. 5. The landscape plan prepared by T-O Engineers, dated 9/23/19, included in Section V.C, shall be revised as follows: a. Revise the structures depicted on Lots 44 and 45 to reflect one (1) 4-plex structure on each lot [rather than one (1) 8-plex structure] with common area in between each of the structures as depicted on the plans approved with H-2018-0125. 6. The subject final plat shall be recorded prior to submittal of any Certificate of Zoning Compliance applications for structures within this development. 7. Future development shall be consistent with the conceptual building elevations included in the Development Agreement (Inst. #2019-019691). 8. The private streets shall be constructed in accord with the design and construction standards listed in UDC 11-3F-4A, B. 9. A Certificate of Zoning Compliance and Design Review application(s) is required to be submitted to the Planning Division and approved prior to application for building permits for multi-family structures. 10. 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. Please make the following corrections to the development plans: Provide water easement to the west, at either W. Ski Jump Lane or W. Bunny Hill Lane for second future water connection to west parcel. Water main to terminate with a fire hydrant, not blow off in N. Manship Lane (near lot 45). 2. The geotechnical report submitted with this application indicates that some spread fills (artificial fill) has been deposited in certain areas within the project boundaries. The report Meridian City Council Meeting Agenda October 22, 2019 – Page 665 of 793 Page 10 also dictates that all artificial fill material should be removed from areas proposed for structural improvements. 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 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. Meridian City Council Meeting Agenda October 22, 2019 – Page 666 of 793 Page 11 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 6-7 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 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. Meridian City Council Meeting Agenda October 22, 2019 – Page 667 of 793 Page 12 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 October 22, 2019 – Page 668 of 793 CirE IDIANFZ,! I DA.J CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 9 C Item Title: Public Hearing Continued from October 15, 2019 for the City of Meridian Business Hours EKY Meeting Notes: �Dtl inn P`� i ` e N -6� LCl T& �'I Yui S , I TEM SHEET C ouncil Agenda I tem - 9.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from October 15, 2019 for City of M eridian Business Hours C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate NextD oor Poll R esults Cover Memo 10/7/2019 Comments R eceived by Email Cover Memo 10/8/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/18/2019 - 2:19 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 669 of 793 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/22/2019 Hearing Type: Council Item Number: 9-C Project Name: City Business Hours Project No.: Active: ❑ Page 1 of 1 Signature City- I Wish To Sign In Address For Against Neutral Name State -Zip Testify Date/Time 509 E Terry Tate Whiskey Flats X 6::04:104:14 PPM M St Go Back To List J Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=348 10/24/2019 Meridian City Council Meeting Agenda October 22, 2019 – Page 670 of 793 1 Charlene Way From:Alexa Conway <alexaconway@earthlink.net> Sent:Thursday, October 03, 2019 10:04 AM To:Meridian City Clerk Subject:Meridian City Hall I would dearly love to have more ability to conduct business in our own City Hall in Meridian. It makes me nuts that we have to drive to downtown Boise, fighting for parking and go through so much just for basic court items. Even having a Magistrate available a few days a week in Meridian would be of great benefit considering our growth in Ada County. We’re not a small area anymore but we still have to drive to a different City in order to do basic things that require a Court Officer. Case in point: my name was not returned after my divorce but I have to drive to Boise in order to do anything about it. Case in point: a friend of mine was hit in her vehicle in Meridian but the only Judge she could see (the kids’ parents fought their ticket) was in Boise. She lives in Meridian and has a business but had to take the day off because of the time involved to go to/from, find parking, clear security and wait for the case. Case in point: I just did a job for a gentleman and his wife while they were out of the Country. He did not fully pay me. I have all the proof of our agreement but in order to fight this I have to drive to Boise, find the Courthouse, etc. and so do they. It’s crazy inconvenient when our City is this size and we have facilities that could serve us. My two cents. Alexa Conway, Meridian Idaho 83642 Meridian City Council Meeting Agenda October 22, 2019 – Page 671 of 793 1 Charlene Way From:Shelly Doty <sdoty@boisestate.edu> Sent:Thursday, October 03, 2019 10:01 AM To:Meridian City Clerk Subject:Re: Poll on doing business with City Hall Hello, Just wanted to send a suggestion that offering short Saturday hours, along the lines of 9 am - 1 pm, would really be beneficial to members of the community. Most of us work full time and it's hard to take time off work to get to City Hall when needed. Thank you for your time, Shelly Shelly M. Doty 204 E. 2nd St. Meridian Meridian City Council Meeting Agenda October 22, 2019 – Page 672 of 793 EIDIIAN*--- �J CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 9 D Item Title: Public Hearing for Ordinance 19-1857 An Ordinance Prohibiting the Use of Handheld Wireless Devices while operating a vehicle upon a street of highway within the City of Meridian 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 for Ordinance 19-1857: An Ordinance P rohibiting the Use of Handheld Wireless Devices While Operating a Vehicle Upon a Str eet or Highway Within the C ity of M eridian 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 NextD oor Poll R esults and Comments Cover Memo 10/4/2019 O rdinance Ordinance 10/10/2019 Testiony P ublic Testimony 10/21/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/18/2019 - 2:21 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 673 of 793 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/22/2019 Hearing Type: Council Item Number: 9-D Project Name: Hands -Free Driving Ordinance Project No.: 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=349 10/24/2019 1 Chris Johnson From:Shandy Lam Sent:Friday, October 4, 2019 2:01 PM To:Chris Johnson Cc:Adrienne Weatherly Subject:Hands Free Ordinance Poll Hi Chris, Below are the results and comments from our hands-free poll. Would you mind sharing this with City Council so that they can view and digest it before Tuesday? Thank you! Shandy Meridian City Council Meeting Agenda October 22, 2019 – Page 674 of 793 2 Meridian City Council Meeting Agenda October 22, 2019 – Page 675 of 793 3 Meridian City Council Meeting Agenda October 22, 2019 – Page 676 of 793 4 Meridian City Council Meeting Agenda October 22, 2019 – Page 677 of 793 5 Meridian City Council Meeting Agenda October 22, 2019 – Page 678 of 793 6 Meridian City Council Meeting Agenda October 22, 2019 – Page 679 of 793 7 Meridian City Council Meeting Agenda October 22, 2019 – Page 680 of 793 8 Shandy Lam City of Meridian | Communications Manager 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.489.0538 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda October 22, 2019 – Page 681 of 793 ORDINANCE ADDING SECTION 7-1-14 PAGE 1 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-14, PROHIBITING THE USE OF HANDHELD WIRELESS DEVICES WHILE OPERATING A VEHICLE UPON A STREET OR HIGHWAY WITHIN THE CITY OF MERIDIAN; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, distracted driving adversely impacts public safety by contributing to traffic accidents, injuries, and fatalities; WHEREAS, the use of handheld wireless devices while operating a vehicle is a cause of distracted driving; and, WHEREAS, the use of handheld wireless devices while on the roadway in a vehicle on a street or highway can be a cause of road rage and distracted driving; and WHEREAS, an ordinance prohibiting the use of handheld wireless devices while operating a vehicle would reduce distracted driving and enhance public safety; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1 . That section 7-1-14 is added to the Meridian City Code as follows: 7-1-14: USE OF HANDHELD WIRELESS DEVICES: A. PROHIBITED ACTS: It shall be unlawful to use a handheld wireless device while operating a vehicle upon a street or highway within the City of Meridian. B. EXCEPTIONS: This provision shall not apply to the following: 1. Use of a handheld wireless device in a voice-operated mode, where the operator of the vehicle does not hold or manually operate the device, except to activate or deactivate the voice-operated function of the device. 2. Use of a navigation feature on a handheld wireless device, provided that the operator of the vehicle does not hold or manually enter information into the device, except to activate or deactivate the navigation feature on the device. 3. Use of a handheld wireless device to report an emergency to a law enforcement agency, fire department, health care provider, or other emergency services provider. Meridian City Council Meeting Agenda October 22, 2019 – Page 682 of 793 ORDINANCE ADDING SECTION 7-1-14 PAGE 2 4. Use of a handheld wireless device while the vehicle is parked off the roadway. 5. Use of a handheld wireless device by a peace officer, firefighter, paramedic, emergency medical technician, or other public safety first responder during the performance of that person’s official duties. 6. Use of a handheld wireless device by a public utility employee or contractor acting within the scope of that person’s employment while responding to a public utility emergency. C. DEFINITIONS: The definitions set forth in Title 49, Chapter 1, Idaho Code shall apply to terms used in this section. Further, for purposes of this section, the following terms shall be defined as follows: Handheld Wireless Device. Any handheld or portable electronic device capable of receiving, producing, displaying, or providing wireless data or voice communication. “Handheld wireless device” shall not include a radio designed for the citizen band service or the amateur radio service of the Federal Communications Commission or a commercial two-way radio communications device. D. PENALTIES: 1. Every person who violates this section shall be gui lty of an infraction and punishable by a fixed penalty of $90.00 plus court costs. 2. A conviction under this section shall not result in violation point counts as prescribed in section 49-326 , Idaho Code. In addition, a conviction under this section shall be deemed to a non-moving traffic violation and shall have no points assessed as prescribed by Idaho Code. E. SEVERABILITY If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Meridian City Council Meeting Agenda October 22, 2019 – Page 683 of 793 ORDINANCE ADDING SECTION 7-1-14 PAGE 3 Section 3. That this ordinance shall be effective upon its passage, publication and on _____________________. PASSED by the City Council of the City of Meridian, Idaho this ____ day of ____________, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of _____________, 2019. APPROVED: ATTEST: __________________________________ ________________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk Meridian City Council Meeting Agenda October 22, 2019 – Page 684 of 793 ORDINANCE ADDING SECTION 7-1-14 PAGE 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-_________ An ordinance adding Meridian City Code section 7-1-14, prohibiting the use of handheld electronic devices while driving a vehicle; 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: Chris Johnson, 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 October 22, 2019 – Page 685 of 793 Chris Johnson From: Robert Simison Sent: Monday, July 29, 2019 4:22 PM To: B rya n Cc: Jeff Lavey; mayortammy; Anne Little Roberts; Joe Borton; Ty Palmer; Treg Bernt; Genesis Milam; Luke Cavener; Chris Johnson Subject: RE: Please support hand-held phone ban Bryan, I wanted to let you know your email has been received and I know the Mayor and City Council appreciate hearing your comments and perspective on this issue. I have also copied Chief Lavey so he is aware of your comments regarding this issue. Currently the City Council is considering any next steps on this issue. Should a hands free ordinance move forward with a public hearing, I will ask our City Clerk to include your comments into the public record. Thank you and have a great day. Robert Simison Chief of Staff City of Meridian Mayor's Office 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. From: Bryan <bry876@yahoo.com> Sent: Friday, July 26, 2019 10:02 AM To: mayortammy <mayortammy@meridiancity.org>; Anne Little Roberts <alittleroberts@meridiancity.org>; Joe Borton jborton@meridiancity.org>; Ty Palmer <typalmer@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Genesis Milam <gmilam@meridiancity.org>; Luke Cavener <Icavener@meridiancity.org> Subject: Please support hand-held phone ban A recent Meridian Press article reported that Police Chief Jeff Lavey asked the Meridian city council to create a hands free cellphone ordinance. He explained that getting drivers off of their phones would help to reduce incidents of road rage, accidents, and distracted driving. As a resident of Meridian I agree with Police Chief Lavey and strongly support the creation of a hands free cellphone ordinance in the city of Meridian --with the inclusion of significant fines/penalties for those who violate the ordinance. Traffic is going to keep increasing and it's time to get more serious about safety and attentive driving in our city. The only way to get some people to drive attentively and responsibly is to make this a law. Please make our roads safer and implement a hands-free cellphone ordinance. Meridian can lead the way on this issue in the Treasure Valley. Thank you, Meridian City Council Meeting Agenda October 22, 2019 – Page 686 of 793 Bryan Swain Meridian City Council Meeting Agenda October 22, 2019 – Page 687 of 793 Chris Johnson From: Genesis Milam Sent: Monday, August 5, 2019 2:36 PM To: Chris Johnson Subject: FW: Proposed Cell Ban For the record Genesis Milam I Councilmember City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0529 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Daniel E [danedl8@gmail.com] Sent: Thursday, August 01, 2019 5:29 PM To: Genesis Milam Subject: Proposed Cell Ban Dear Ms.Milam, I am strongly against the proposed cell ban in Meridian. A state proposal was terminated earlier this year. Many people have moved from other states, because of the freedoms Idaho offers. There is already a text ban in Idaho. If someone drives and causes an accident while texting, Idaho law allows that person to be cited. Drivers found to be inattentive (Idaho Code 49-101(3)) can be fined up to $300 and/or receive 90 days in jail. I strongly urge a no vote on this issue Respectfully Submitted, Daniel Edralin Meridian City Council Meeting Agenda October 22, 2019 – Page 688 of 793 Chris Johnson From: Cynthia Gibson <cynthia@idahowalkbike.org> Sent: Wednesday, August 7, 2019 4:44 PM To: Chris Johnson Subject: Re: Hands Free Ordinance Great, thank you Chris. We are a statewide non-profit and we want to offer our members the opportunity to voice their support of this ordinance. We will share the email address you provided to them so they can email you. If you think of it, feel free to email me when it is on the agenda. I will try to keep an eye on your website too, I'd love to hear the discussion. Best, Cynthia On Wed, Aug 7, 2019 at 12:44 PM Chris Johnson <ciohnson@meridiancity.org> wrote: Cynthia, It has not yet been determined when it will be on a City Council agenda. You can submit a letter to our email address cityclerk@meridiancity.org) and we will save it to be included in the record when the item appears before Council. Have a wonderful afternoon. Chris Johnson City Clerk I City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433 1 Email: clohnson@meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, 1 Meridian City Council Meeting Agenda October 22, 2019 – Page 689 of 793 in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Cynthia Gibson <cynthia@idahowalkbike.org> Sent: Tuesday, August 6, 2019 4:55 PM To: Meridian City Clerk<MeridianCityClerk@meridiancity.org> Subject: Hands Free Ordinance Hello Chris - I wanted to write a letter of support for Meridian's proposed Hands Free Ordinance. Do you know when it will be on the City Council agenda? I looked online but was not able to find it on any agendas. Kindly, Cynthia Cynthia Gibson I Executive Director Idaho Walk Bike Alliance O: 1 M: 203-336-5821 cynthia@ idahowalkbike.org FJrl „ 1,()1 T. 7 F V2 -11I idahowalkbike.org Go Places... Safely 4 Meridian City Council Meeting Agenda October 22, 2019 – Page 690 of 793 Cynthia Gibson I Executive Director Idaho Walk Bike Alliance O: 1 M: cynthia@idahowalkbike.org idahowalkbike.org Go Places... Safely Meridian City Council Meeting Agenda October 22, 2019 – Page 691 of 793 walk 5C >..ACE5.. 5AEELY1 P.O. Box 1594 Boise, ID 83701 208)345-1105 www.idahowalkbike.org August 8, 2019 Meridian City Council President Borton City Council members Little Roberts, Palmer, Bernt, Milam, and Cavener 33 E. Broadway Avenue Suite 300 Meridian, ID. 83642 Dear Meridian City Council President Borton and Council members, The Idaho Walk Bike Alliance supports the City of Meridian's effort to pass Hands Free Ordinance. Our mission is to promote active, safe and healthy transportation for Idahoans. This includes walking, bicycling and any other forms of movement powered by humans, not motor vehicles. Because our members travel primarily by foot or bicycle, they are much more vulnerable to car crashes than motorists who are protected In their cars. These vulnerable road users deserve to be safe as they travel throughout their community, but unfortunately too many motorists are looking down at their phones and aren't aware of people walking or bicycling. We support the City of Meridian's effort to pass an ordinance that requires all motorists to be hands free while they -operate a heavy, steel -encased motor vehicle. We hope you all feel the same wayand will pass this ordinance to keep everyone, especially children, seniors and the other 31.5% of our population who does not drive, safe. We supported the state legislation in both the 2018 and the 2019 sessions but were disappointed to see neither bill was able to be voted into law. Therefore, we support any/all Idaho jurisdictions working to improve safety of its residents. Thank you for your support of safer roads. Sincerely, U Cyn is Gibson E utive Director Idaho Walk Bike Alliance Meridian City Council Meeting Agenda October 22, 2019 – Page 692 of 793 Chris Johnson From: Benjamin Hoopes <bhoopes@gmail.com> Sent: Wednesday, September 25, 2019 1:23 AM To: Meridian City Clerk Subject: Comment on proposed ordinance 7-1-14: USE OF HANDHELD ELECTRONIC MOBILE DEVICES Dear Meridian City Council members, Due to other obligations, I was unable to attend this evening's city council meeting. But I would like to comment on the proposed mobile device ordinance. While I certainly appreciate the desire to encourage safer behaviors behind the wheel, I have serious concerns about the language of the proposed ordinance. It is imprecise and open to misinterpretations that are not to the benefit of citizens of Meridian or the city of Meridian. I would love to discuss further, but to be brief, there is a serious disconnect between the impetus for this ordinance (distracted driving due to mobile phone usage while behind the wheel) and the actual scope of the ordinance. The ordinance would apply to "us[ing]" mobile devices including: fitness bands, wireless headphones, AM/FM transmitters, OBD2 monitoring devices, dashboard cameras and GoPros, etc. o Did you just glance at your Apple Watch on your wrist to see what time it is? Violation (see my next point; no physical manipulation of the device is required to "use" the device). o Did you just press a button on your Bluetooth headset to receive a call? Violation (the only allowed physical manipulation of a device is to enable/disable hands-free mode; answering a call is not enabling/disabling hands-free mode). o Is your phone broadcasting music through an AM/FM transmitter to your car radio? Violation again, no physical manipulation of the device is required; it just needs to be used by the driver). o Is an OBD2 monitoring device transmitting vehicle driving characteristics (e.g., MPG) to your phone? Violation. o Is a dashcam filming? Violation. The ordinance does not specify that physical manipulation of the device is required for a violation, just use. Therefore, all of the aforementioned example devices would violate the ordinance, as drafted. My suggestion would be to severely limit your mobile device definition down to phones. Additionally, I would provide a definition for "use," such as manipulating a mobile device keyboard or other physical manipulations that distract a driver for more than a set number of seconds. Best of luck. Thanks for your efforts to make Meridian such a wonderful place to live and raise a family. Best regards, Ben Meridian City Council Meeting Agenda October 22, 2019 – Page 693 of 793 1 Charlene Way From:Chris Johnson Sent:Thursday, September 26, 2019 10:21 AM To:Charlene Way Subject:FW: New submission from Ask Mayor Tammy From: Josha Iverson <jiverson@meridiancity.org> Sent: Thursday, September 26, 2019 10:18 AM To: dwcw@centurylink.net Cc: mayortammy <mayortammy@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Subject: RE: New submission from Ask Mayor Tammy Dale, Thank you for your email; it has been received by the Mayor’s Office. We appreciate you sending in your thoughts and comments. Please know your elected officials appreciate you weighing in as well and sharing your opinion on the issues that they will be making decisions on. I do want to let you know that the proposed hands free driving ordinance will be heard at a public hearing on Tuesday, 10/8/19. It will be discussed at both the work session at 4:30pm and the regular City Council meeting at 6:00pm. You are welcome to attend if you are interested and I invite you to check the City’s website, meridiancity.org, for additional information regarding public hearings about this topic. I am also forwarding your comments to our City Clerk for the public record. I hope you find this information helpful. Again, thank you for reaching out Josha Iverson| Administrative Assistant City of Meridian | Mayor’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0529 |Fax: (208) 884-8119 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Formspree Team < submissions@formspree.io > Sent: Wednesday, September 25, 2019 4:50 PM To: mayortammy < mayortammy@meridiancity.org > Cc: Shandy Lam < slam@meridiancity.org >; Robert Simison < rsimison@meridiancity.org > Subject: New submission from Ask Mayor Tammy Meridian City Council Meeting Agenda October 22, 2019 – Page 694 of 793 2 NEW FORM SUBMISSION Hey there, Someone just submitted your form on meridiancity.org/mayor/mayorsoffice/askmayor. Here's what they had to say: Ask Mayor Tammy: replyto: dwcw@centurylink.net Question or Comment: Regarding banning cell phone use in the city limits of Meridian, it would be difficult to enforce given the seamless boundaries between communities. My suggestion would be to leave as is for now, and write a proclamation to the Idaho Legislature saying you will enact it next year if they FAIL to do their jobs in the spring and pass some common sense cell phone use laws like most other states. Put the burden on them where it belongs. Driving has gotten a lot more hazardous recently due to distracted driving. Every day i see examples of it. I wrote a letter to the editor after the legislative session regarding the senate killing it after one legislature said his farmers couldn't order up a gallon of anti-freeze should they need some. Ridiculous. Thank you for having the guts they do not. Good luck. Should we contact you?: No name: Dale Warriner Phone number: 2082503498 Submitted 10:49 PM - 25 September 2019. Mark as spam You are receiving this because you confirmed this email address on Formspree. If you don't remember doing that, or no longer wish to receive these emails, please remove the form on meridiancity.org/mayor/mayorsoffice/askmayor or click here to unsubscribe from this endpoint. Meridian City Council Meeting Agenda October 22, 2019 – Page 695 of 793 3 Meridian City Council Meeting Agenda October 22, 2019 – Page 696 of 793 1 Charlene Way From:Chris Johnson Sent:Thursday, September 26, 2019 10:14 AM To:Charlene Way Subject:FW: New submission from Request for Mayor and Council Please add to the record. From: Josha Iverson <jiverson@meridiancity.org> Sent: Thursday, September 26, 2019 10:09 AM To: kaboulton1@gmail.com Cc: mayortammy <mayortammy@meridiancity.org>; Anne Little Roberts <alittleroberts@meridiancity.org>; Treg Bernt tbernt@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Luke Cavener <lcavener@meridiancity.org>; Genesis Milam <gmilam@meridiancity.org>; Ty Palmer <typalmer@meridiancity.org>; Chris Johnson cjohnson@meridiancity.org> Subject: RE: New submission from Request for Mayor and Council Kathy, Thank you for your email; it has been received by the Mayor’s Office. We appreciate you sending in your thoughts and comments. Please know your elected officials appreciate you weighing in as well and sharing your opinion on the issues that they will be making decisions on. I do want to let you know that the proposed hands free driving ordinance will be heard at a public hearing on Tuesday, 10/8/19. It will be discussed at both the work session at 4:30pm and the regular City Council meeting at 6:00pm. You are welcome to attend if you are interested and I invite you to check the City’s website, meridiancity.org , for additional information regarding public hearings about this topic. I am also forwarding your comments to our City Clerk for the public record. I hope you find this information helpful. Again, thank you for reaching out Josha Iverson| Administrative Assistant City of Meridian | Mayor’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0529 |Fax: (208) 884-8119 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law Meridian City Council Meeting Agenda October 22, 2019 – Page 697 of 793 2 From: Formspree Team < submissions@formspree.io > Sent: Tuesday, September 24, 2019 11:49 AM To: mayortammy < mayortammy@meridiancity.org > Cc: Anne Little Roberts < alittleroberts@meridiancity.org >; Treg Bernt < tbernt@meridiancity.org >; Joe Borton jborton@meridiancity.org >; Luke Cavener < lcavener@meridiancity.org >; Genesis Milam < gmilam@meridiancity.org >; Ty Palmer < typalmer@meridiancity.org > Subject: New submission from Request for Mayor and Council NEW FORM SUBMISSION Hey there, Someone just submitted your form on meridiancity.org/council/request. Here's what they had to say: Request for Mayor and Council: Name: Kathy Boulton replyto: kaboulton1@gmail.com Street Address: 2745 W Willard St. City: Meridian State: ID Zip Code: 83642 Subject: Meridian City Council Meeting Agenda October 22, 2019 – Page 698 of 793 3 Cell phone and driving Message: Please, please ban cell phone usage for drivers. I walk and bike a lot for errands and work. My observation is 10% to 20% of drivers are distracted drivers. Dangerous. This is comparable to a DUI in other states. Do we need to experience more life changing injuries and death? The state of Idaho is ignoring common sense, so the city of Meridian needs to step it up. Besides, I can tell you as an educator, parent, and grandparent the "littles" are observing our habits..... Submitted 05:48 PM - 24 September 2019. Mark as spam You are receiving this because you confirmed this email address on Formspree. If you don't remember doing that, or no longer wish to receive these emails, please remove the form on meridiancity.org/council/request or click here to unsubscribe from this endpoint. Meridian City Council Meeting Agenda October 22, 2019 – Page 699 of 793 Chris Johnson From: Sent: To: Subject: Good morning Chris, Jeff Lavey Friday, September 27, 2019 8:52 AM Chris Johnson; citycouncil; Tammy de Weerd Hands Free Public Hearing, Please log this into the public record for the Hands Free Ordinance discussion. I was contacted Tom McKnight 208-922-6061 who said he watched the entire hearing on line and wanted to add two thoughts after he complemented the City for having this discussion. He said there was talk about a $25-30 dollar fine and he felt that it should be $100 or more so people know they are not supposed to be on their phones. He said that texting/on phone while stopped at a light should not be allowed. He said "they can pull over/off road and text all day long". In his opinion. He said that I could use his comments the next time I am in front of Council. He had nothing further for the record. Thanks - Jeff Jeff A. Lavey I Police Chief Meridian Police Department 1401 E. Watertower St., Meridian, Idaho 83642 Phone: 208-846-73701 Fax: 208-846-7372 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. 1 Meridian City Council Meeting Agenda October 22, 2019 – Page 700 of 793 Chris Johnson From: Bill Nary Sent: Tuesday, October 8, 2019 10:13 AM To: Chris Johnson Subject: Fwd: Ordinance 19-1852 FYI Sent from my iPad Begin forwarded message: From: Joe Borton <jborton@meridiancity.org> Date: October 8, 2019 at 10:03:18 AM MDT To: Bill Nary <bnary@meridiancity.org> Subject: Fwd: Ordinance 19-1852 An argument in opposition, add to the discussion. FYI. Sincerely, Joe Borton I Councilman City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Begin forwarded message: From: David Goodwin <david.goodwin.mail @ gmail.com> Date: October 8, 2019 at 9:31:01 AM MDT To: Anne Little Roberts <alittleroberts@meridiancity.org>, Joe Borton jborton@meridiancit org>, Ty Palmer <typalmer@meridiancity.org>, Treg Bernt <tbernt@meridiancit. >, Genesis Milam <gmilam@meridiancity.org>, Luke Cavener <lcavener@meridiancity.org> Subject: Ordinance 19-1852 I am writing to strongly oppose ordinance 19-1852. Clearly the council is out of step with the conservative values that have been part of Meridian's culture throughout my life. This is a second glaring example of unprincipled action that reflects the increasingly destructive ideologies common in Washington State, Oregon, and California. Meridian City Council Meeting Agenda October 22, 2019 – Page 701 of 793 The principle is simple: In a free nation, people are not restricted in actions that could conceivably cause harm but rather held accountable when those actions harm or endanger others. There is no evidence that EVERY person who uses a cell phone while driving is a danger. The police chief s statement to that effect is his opinion, not fact. He has the ability to write tickets for inattentive driving— and he should. But to restrict an act that in most cases is as safe as any number of other driving activities is simply the nanny -state that does not reflect Idaho values. It's an emotional reaction that has no place in law. My objection is pragmatic as well. I have one car with blue tooth and an interface with my phone. "Hands free" is a far greater distraction because the interface on your dashboard is unfamiliar, further away, takes multiple steps, and often glitchy. For that matter, these car computer screens are far more distracting than answering a phone call. Turn up the heat? Change the radio station? Figure out what's beeping? These screens in cars have distracted me far more than my phone ever has. What about those who fiddle with video systems in the back seat while driving? Comb hair? Attend to children? Eat? There are countless ways to be distracted while driving. In my experience, phones are on the list, but the list is long. Phones are just the latest whipping boy of those who think the government can regulate every behavior that seems "dangerous", and gets enough press. The fool's errand of the "no texting while driving" laws has been seen— it doesn't stop distracted driving, or even slow it down! Distracted driving fatalities continue to increase on Idaho roads, even when no-texting laws go into effect AAA statistics). Of course, somehow, the logic is that this increase means we need even more laws. There's always other technology. We can always chase another law. Police should write tickets for inattentive driving, but I've heard they don't like to because it ends up in court— and they say that wastes their time. Maybe a little more due process is in order. My point is that there is a solution— and it's not another law. Like many who live here, I do not have time to attend city council meetings to oppose these bad ordinances the council passes. But, my friends and I do vote in every election. Last year, it was a SOGI law. A group of us who get together regularly are tired of the council's leftward lean. Please consider that playing with leftist politics in a city like Meridian might eventually result in a political rejection of those council members who show consistent left leaning votes. Sincerely, David Goodwin, 393 W. Dreyfuss St. Meridian, 83646 T- 208 412 4506 yes, its a mobile) ra Meridian City Council Meeting Agenda October 22, 2019 – Page 702 of 793 EIDIAN,+-- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: Changes to Agenda: • Item #96: Entrata Farms No. 2 — FP (H-2019-0113) — Request to table to Nov. 61h due to a change to the landscape plan • Item #9F: Ten Mile Plaza — MDA (H-2019-0102) — Request for continuance to Nov. 61h — Applicant required to hold a new neighborhood meeting. • Item #9H: Silverstone Apartments - MDA (H-2019.0099) — Request for continuance to Nov. 12th in order to address staff's recommendation to reduce the number of units and increase the open space for the development. Item #9G: Victory Commons - MDA (H-2019.0091) Continued from 10/15 Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site consists of 16,74 acres of land, zoned C -G, located at 130 E. Victory Rd, to the northeast of E, Victory Rd. and S. Meridian Rd, History: Annexation w/ a DA, combined final/preliminary plat, and a conditional use permit in 2003. An addendum to the DA was approved in 2006. Comprehensive Plan FLUM Designation: Commercial Summary of Request: Applicant is requesting to modify the existing development agreement for the purpose of updating ownership information and the boundaries of the properties subject to the new terms, modifying and adding provisions, and to include a new site plan. There are two specific conditions in the current DA that the applicant has specifically identified as being the reason for this modification request. The first is a requirement that buildings be constructed with specific design features, including: sloped metal roofs with eves supported by posts and a minimum three-foot wainscoting constructed of brick or stone, If these design criteria are not met, the existing DA requires a Conditional Use Permit. The conceptual elevations submitted by the applicant do not meet the current design requirements. If Council approves this application, staff is recommending that a new set of common architectural features be required for all new buildings on this site to create a cohesive environment. These include faux wood and metal panel accents and extra windows beyond what is required in the ASM. The second specific change the applicant would like to make is the replacement of the existing site plan with a new one. The larger buildings are proposed to be multi -tenant flex space, a principally permitted use in the C -G zone with the other buildings envisioned to be a mix of office, retail, and healthcare services. In addition, this new site plan moves the approach to Meridian Rd. south of where it is shown in the current plan, The applicant has received approval from ITD for this location, provided it be a right-in/right-out and a traffic separator be installed between the north and southbound lanes of Meridian Rd. Staff is supportive of the relocation of this entrance with the conditions provided by ITD. Since this is a state highway, Council will have to approve the new location as outlined by UDC 11-31-146. Other recommended conditions from staff include: the connection of the micro pathway in the residential neighborhood in the northeast to the Meridian Rd. pathway; the dedication of multi -use pathway easements along Meridian Rd.; and that the existing pond be improved as an amenity with walking pathways and a seating area prior to any development in southern end of the property. Written Testimony: • Roberta Stewart (Applicant's Representative) — generally in agreement with the staff report except for proposed DA conditions 10 & 11 regarding the retention and improvement of the existing pond as an amenity. The applicant would like to remove the pond, which would require the consent of the neighboring property owners who are parties to the easement agreement which established it. If they can obtain the consent of the other owners, the applicant has submitted an alternate site plan to be included with the DA which excludes the pond. Staff is supportive of retaining the pond and developing it as an amenity for the commercial development as outlined in the staff report. • Randy Lasher —concern pertaining to proposed building height Outstanding Issue(s) for City Council: The Applicant's request to modify the standards of UDC 11-3H-4 to allow for the access point to SH - 69 as shown on the site plan. Staff Recommendation: Approval per the conditions in the staff report. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0091, as presented in the staff report for the hearing date of October 22, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0091, as presented during the hearing on October 22, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0091 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #9H: Silverstone Apartments (H-2019-0099) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 12.43 acres of land, zoned C -G, located at 4107 E. Overland Rd. History: This property was annexed in 2016 and later rezoned in 2017 with the requirement of a DA. Two subsequent amendments were approved to the DA. A final plat and CZC/DES have been approved to construct 112 MF units consistent with a previous MCU and MDA approval. Comprehensive Plan FLUM Designation: MU -R Summary of Request: A DA modification is proposed for the purpose of combining/removing property from the boundary of the (3) previous DA's to create one DA that governs future development of this site. A new conceptual development plan is proposed to replace the previous plan. The existing DA allows the development of 112 MFR units; an increase to 204 MFR units is proposed along with the addition of a 12K s.f. commercial building & associated parking and 10 townhomes. The additional units are proposed to be part of phase 2 & located in a 4.38 acre area previously approved for commercial uses. With the additional units, the Applicant is proposing the following additional site amenities: fitness facilities within the clubhouse, a swimming pool, a dog walk and a 50'x 100' open grassy area — these are in addition to the previously approved clubhouse, children's play structure and sports court. The proposed concept plan depicts a total of 377 parking stalls for the MFR development which is 2 fewer stalls than required. To alleviate parking concerns & increase open space, Staff recommends the 24 plex, Building J, is replaced with a 3 -story 12-plex; the northern half of the footprint should be revised to show an open lawn area with landscaping along the eastern edge. The plans for Phase 2 shall also be revised to show the full 25' wide landscape buffer to residential uses to the south or request a waiver from the buffer requirements; Staff recommends the buffer is comprised of trees that touch at maturity. The proposed MFR uses is a conditional use in the C -G district; a CUP modification application has been submitted to modify the previously approved CUP. The proposed MFR townhome development in the SEC of the site will also be required to obtain approval of a CUP. Staff recommends flexibility is granted for the Applicant to revise their layout of the area where townhomes are proposed to meet the requirements of the multi -family conditional use approval. Building elevations submitted with the application are consistent with those currently under construction with the first phase. Although townhomes are NOT allowed in the C -G district, conceptually Staff supports the residential diversity throughout the development; however, before the property can be developed with townhomes, the property must be rezoned and subdivided. Staff Recommendation: Approval per the Staff Report Written Testimony: Many (18) letters of public testimony have been received on this application — see public record Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0099, as presented in the staff report for the hearing date of October 22, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0099, as presented during the hearing on October 22, 2019Z, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0099 to the hearing date of state specific reason(s) for continuance.) Item #91: Gem Prep (H-2019-0100) Application(s): ➢ Vacation of water easement for the following reason(s): (You should Size of property, existing zoning, and location: This site is located at 2750 E. Gala Ct. Summary of Request: The Applicant requests approval to vacate an existing 20' x 20' water & sanitary sewer easement located on Lots 7 & 8, Block 2, Gramercy Sub. 1. Staff has no objection to the requested vacation of easements provided the Applicant physically abandons the utility stubs that exist within the subject easement per the Public Works' Dept. standards; once the abandonments have been completed, there is no objection to the vacation of the associated easements. Written Testimony: None Staff Recommendation: Approval Notes Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0100, as presented in the staff report for the hearing date of October 22, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0100, as presented during the hearing on October 22, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0100 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #9J: Nick Estates (H-2019-0086) Application(s): Combined preliminary/final plat Size of property, existing zoning, and location: This site consists of 1.4 acres of land, zoned R-4, located at 1180 N. Ten Mile Rd. Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) Summary of Request: A combined preliminary & final plat is proposed consisting of 4 building lots & 4 common lots on 1.4 acres of land in the R-4 zoning district. There is an existing home on the site that is proposed to remain on a lot in the proposed subdivision; the existing accessory structure will be removed. A waiver to UDC 11-3A-3 is requested from City Council for the existing residence to retain its driveway access via N. Ten Mile Rd. rather than take access via the common driveway proposed with the subdivision. Both staff and ACHD do not support the existing home retain its access. The proposed density of the development is 2.84 units per acre which is slightly below that desired in the MDR FLUM designation, For this reason, a "step" down in density from MDR to LDR (3 or fewer units/acre) is required to be approved by City Council in order for the proposed development to be deemed consistent with the Comprehensive Plan. Staff is in support of the step down in density as this is an infill site and it is constrained by its small size and R-4 lot dimensions which reduces the area of potential buildable lots. Additionally, if the property to the north redevelops and shares access with this development, a maximum 6 lots due to the maximum number of lot utilizing the common driveway. Overall, the proposed use & density is harmonious with the existing surrounding residential developments. Commission Recommendation: Approval w/conditions in staff report Summary of Commission Public Hearing: i. In favor: Aaron Rush, Applicant's Representative; Elizabeth Shranz, Property Owner ii. In opposition: None iii. Commenting: None iv. Written testimony: Aaron Rush, Applicant's Representative (response to the staff report) — Requests the following conditions are waived: • #A.8 in Section VIII requiring a cross -access easement to be provided to the property to the north; and • #13.18 in Section VIII requiring a street light be installed along N. Ten Mile Rd. Key Issue(s) of Discussion by Commission: i. Agreement with the condition to require cross -access to property to the north; ii. Possibility to work with Public Works to add streetlight to existing Hawk signal. Commission Change(s) to Staff Recommendation: L None Outstanding Issue(s) for City Council: i. Waiver to UDC 11-3A-3 for the existing driveway access to remain via N. Ten Mile Rd. ii. Step down in density. Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0086, as presented in the staff report for the hearing date of October 22, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0086, as presented during the hearing on October 22, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0086 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting October 22, 2019 AerialZoning Map Example Building with Current DA Design Standards Proposed Buildings Current DA Site Plan Modified DA Site Plan Approved Phase 1 Site Plan & Landscape Plan 1.CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 1.Owner/Developer shall develop the Property in accordance with the following special conditions: 2.Future development of the site shall generally comply with the site plan, landscape plan, and architectural elevations included in Section VII, Exhibits D, E, & F of the staff report dated 10/22/2019 and the conditions contained therein. 3.The submitted site and landscape plan, included in Section VII, Exhibits D & E of the staff report dated 10/22/2019 shall be revised as follows: i.Replace “Building J” with a three-story 12-plex to be located on the southern end of the current buildings footprint. The northern half of the footprint shall be revised to show an open lawn area with landscaping along the eastern edge. ii.The plans for phase two shall be revised to show the full 25’ wide landscape buffer to the residential uses to the south (including Lot 14, Block 1 of Movado Greens No. 1) or request a waiver from the buffer width requirements as allowed under UDC 11 -3B-9. The buffer shall be comprised of trees that touch at the time of maturity, this requirement shall not be eligible to be waived. 4.A maximum 192 multi-family residential dwelling units shall be constructed within this development. The townhome portion of the development depicted on the concept plan shall not commence until the applicant rezones and subdivides the property. 5.Site amenities shall be provided as follows: 1) clubhouse with fitness facility, 2) children’s play structure, 3) sports court, 4) pool, 5) dog walk, and 6) two open grassy areas, in accord with the standards of UDC 11-4-3-27D. 6.All commercial lots and multi-family developments are subject to certificate of zoning compliance (CZC) and design review prior to the issuance of building permits . 7.All multi-family developments shall obtain conditional use approval prior to submitting for CZC and design review approval per Table 11-2B-2. 8.The applicant shall have the ability to obtain multi -family building permits with phase 2 prior to recording the final plat. Vicinity/Aerial Map Legal Description Exhibit Recorded Plat Zoning Map FLUM Aerial Preliminary/Final Plat Landscape Plan EIDIAN.,?-- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number. 9 H " f'J fo q A Item Title: Public Hearing for Silverstone Apartments (H-2.019-0099) By Dale Evans Construction, Located at 4107 E. Overland Rd. 1. Request: Modified Development Agreement for the purpose of removing the subject property from DA Instrument #2018-012457 and DA Instrument #2018-012456 and be placed in a new, separate agreement. Meeting Notes: Cbn�in vPd —b 12-/--'015 a- Se,d ���G�rds � Tai City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/22/2019 Hearing Type: Council Item Number: 9-H Project Name: Silverstone Apartments Project No.: H-2019-0099 Active: ❑ Page 1 of 1 Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=352 10/24/2019 City - Signature I Wish To Sign In Address State- For Against Neutral Name Testify Date/Time Zip Robert 2052 S Gedalio 10/22/2019 X spryn Ln 6:07:27 PM 1970 south Dorothy 10/22/2019 g edalio lane X X toschi 6:13:37 PM meridian Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=352 10/24/2019 I TEM SHEET C ouncil Agenda I tem - 9.E . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Ordinance 19-1855: An Ordinance P rohibiting Use of C ompression Brakes Within the City of M eridian 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 10/11/2019 Testiony P ublic Testimony 10/21/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/18/2019 - 2:21 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 703 of 793 DRAFT – AUGUST 13, 2019 ORDINANCE ADDING SECTION 7-1-13 – AIR COMPRESSION BRAKES PAGE 1 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-13, PROHIBITING THE USE OF AIR COMPRESSION BRAKES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an ordinance prohibiting the use of air compression brakes within the City of Meridian would mitigate noise from these devices, particularly in residential neighborhoods; and, WHEREAS, an ordinance prohibiting the use of air compression brakes within the City of Meridian would be consistent with ordinances adopted by Ada County and other incorporated cities within Ada County; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That section 7-1-13 is added to the Meridian City Code as follows: 7-1-13: AIR COMPRESSION BRAKES PROHIBITED: A. The term “air compression brakes” shall include devices that alter the operation of an engine’s exhaust to slow a vehicle or truck. B. The use of air compression brakes by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within the City is hereby prohibited and shall be unlawful, except under emergency circumstances where the use of air compression brakes is necessary to prevent an accident or injury to persons or property. C. The following vehicles and trucks are exempted from the prohibitions of this section: 1. Vehicles and trucks operated by a fire department; and, 2. Vehicles used for public transit purposes. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this ____ day of August, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of August, 2019. APPROVED: ATTEST: __________________________________ ________________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk Meridian City Council Meeting Agenda October 22, 2019 – Page 704 of 793 DRAFT – AUGUST 13, 2019 ORDINANCE ADDING SECTION 7-1-13 – AIR COMPRESSION BRAKES PAGE 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-_________ An ordinance adding Meridian City Code section 7-1-13, prohibiting the use of air compression brakes; 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: Chris Johnson, 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 October 22, 2019 – Page 705 of 793 1 Chris JohnsonFrom:Bill Nary Sent:Monday, October 21, 2019 11:42 AM To:Chris Johnson; Adrienne Weatherly Subject:FW: New submission from Request for Mayor and Council This goes with my last email on his subject for tomorrow’s meeting. From: Josha Iverson <jiverson@meridiancity.org> Sent: Monday, October 21, 2019 11:27 AM To: Bill Nary <bnary@meridiancity.org> Subject: FW: New submission from Request for Mayor and Council Bill, Is the something that would be under the potential new compression brake ordinance? Josha Iverson| Administrative Assistant City of Meridian | Mayor’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0529 |Fax: (208) 884-8119 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Formspree Team < submissions@formspree.io > Sent: Monday, October 21, 2019 11:23 AM To: mayortammy < mayortammy@meridiancity.org > Cc: Anne Little Roberts < alittleroberts@meridiancity.org >; Treg Bernt <tbernt@meridiancity.org >; Joe Borton <jborton@meridiancity.org >; Luke Cavener < lcavener@meridiancity.org >; Genesis Milam < gmilam@meridiancity.org >; Ty Palmer < typalmer@meridiancity.org > Subject: New submission from Request for Mayor and Council NEW FORM SUBMISSION Hey there, Someone just submitted your form on meridiancity.org/council/request. Here's what they had to say: Meridian City Council Meeting Agenda October 22, 2019 – Page 706 of 793 1 Chris Johnson From:Bill Nary Sent:Monday, October 21, 2019 11:41 AM To:chris@sommerassociates.com Cc:Josha Iverson; Chris Johnson; Adrienne Weatherly Subject:Response to email Mr. Sommer; The Mayor’s office received your email regarding compression brakes. The City Council is considering a compression brake ordinance for the City. They have discussed it at the last two City Council meetings. It is on their agenda for discussion tomorrow at 4:30 p.m. and at 6:00 p.m. I will ask the City Clerk to add this to the record for those hearings. You are also welcome to attend the meeting and provide testimony on this issue if you would like to do that. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. __________________________________________________________________________________________________ _______________________________________________________ Message: I am a resident of Spurwing in Meridian. I strongly opposed the new Costco project along Ten Mile just south of Chinden 20/26. The impact to our community and those surrounding the project is going to be terrible. I considered your approval "Reckless Development" and was very disappointed. That said - we are now seeing and hearing a major increase in construction truck movement along 20/26. This includes cement trucks, lumber trucks and earth moving trucks. The drivers of these trucks feel it's ok to use compression brakes and absolutely ruin any remaining peace and quiet we once had. I'M URGING CITY COUNCIL TO POST SIGNS TO STOP THE USE OF COMPRESSION BRAKES & ENFORCE THIS LAW!!! Please hear the cries from our community and do the right thing!! Thank you. Meridian City Council Meeting Agenda October 22, 2019 – Page 707 of 793 2 Request for Mayor and Council: Name: Christopher T Sommer _replyto: chris@sommerassociates.com Street Address: 3459 W Sand Wedge St City: Meridian State: ID Zip Code: 83646 Subject: STOP COMPRESSION BRAKES ON CHINDEN IN MERIDIAN Message: I am a resident of Spurwing in Meridian. I strongly opposed the new Costco project along Ten Mile just south of Chinden 20/26. The impact to our community and those surrounding the project is going to be terrible. I considered your approval "Reckless Development" and was very disappointed. That said - we are now seeing and hearing a major increase in construction truck movement along 20/26. This includes cement trucks, lumber trucks and earth moving trucks. The drivers of these trucks feel it's ok to use compression brakes and absolutely ruin any remaining peace and quiet we once had. I'M URGING CITY COUNCIL TO POST SIGNS TO STOP THE USE OF COMPRESSION BRAKES & ENFORCE THIS LAW!!! Please hear the cries from our community and do the right thing!! Thank you. Submitted 05:23 PM - 21 October 2019. Mark as spam You are receiving this because you confirmed this email address on Formspree. If you don't remember doing that, or no longer wish to receive these emails, please remove the form on meridiancity.org/council/request or click here to unsubscribe from this endpoint. Meridian City Council Meeting Agenda October 22, 2019 – Page 708 of 793 EIDIAN?- I DAHJ CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 9 F Item Title: Public Hearing for Ten Mile Plaza (H-2019-0102) By Huston-Bugatsch Architects. Located at 3110 W. Quintale Drive Meeting Notes: Coati n up � +0 -Z,0(6 I TEM SHEET C ouncil Agenda I tem - 9.F. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Ten M ile Plaza (H-2019-0102) by Huston-Bugatsch Architects, L ocated at 3110 W. Quintale Drive. C lic k Here for Applic ation Materials C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/18/2019 - 2:20 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 709 of 793 EIDIANDAHO +-- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 9 G Item Title: Public Hearing Continued from October 15, 2019 for Victory Commons MDA (H-2019-0091) By BVA Development, LLC. Located at 130 E. Victory Rd and 3030 S. Meridian Rd. 1. Request: Modified Development Agreement for the purpose of removing the subject property from DA Instrument #106155843 to be placed in a new - separate development agreement. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.G. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing Continued from October 15, 2019 for Victory C ommons M D A (H-2019-0091) by B VA Development, L L C . L ocated at 130 E. Victory Rd. and 3030 S . M eridian Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report Cover Memo 10/10/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/17/2019 - 3:43 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 710 of 793 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/22/2019 Hearing Type: Council Item Number: 9-G Project Name: Victory Commons Project No.: H-2019-0091 Active: ❑ Page 1 of 1 Go Back To List I Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=351 10/24/2019 City - Signature I Wish To Sign In Address State- For Against Neutral Name Testify Date/Time Zip Randy 267 E. Observation 10/22/2019 X X Lasher Drive 9:19:28 AM Robin 10/22/2019 250 w Galvani Dr X Connor 6:05:09 PM 201 E Observation 10/22/2019 Joel White X Dr, Meridian 6:06:13 PM 195 E Observation Jilene 10/22/2019 Dr, Meridian ID X Arnold 6:07:04 PM 83642 Geoffrey 251 E Front Suite 10/22/2019 X X Wardle 310 Boisw 6:09:57 PM Bret 2985 S Andros 10/22/2019 X hormuth Way, Meridian 6:11:11 PM Go Back To List I Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=351 10/24/2019 Page 1 HEARING DATE: 10/15/2019 TO: Mayor and City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0091 Victory Commons MDA LOCATION: 130 E. Victory Rd. and 3030 S. Meridian Rd., in the SW ¼ of Section 19, Township 3N., Range 1E I. PROJECT DESCRIPTION Request to modify the terms of the existing development agreement (instrument #106155843 & 104153422) for the purpose of updating ownership information and boundaries of the subject properties subject to the new terms, modifying and adding new provisions, and including a new conceptual site plan. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant/Representative: BVA Development, LLC 2775 W. Navigator Dr., Suite 220 Meridian, ID 83642 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage 16.74 Current Zoning C-G Neighborhood meeting date; # of attendees: 7/30/2019; 4 attendees History (previous approvals) AZ-03-038; PFP-03-007; CUP-03-071; MI-06-005; DA inst. # 104153422 and addendum inst. # 106155843 Meridian City Council Meeting Agenda October 22, 2019 – Page 711 of 793 Page 2 B. Owner: Kuna Victory, LLC 901 Pier View Drive, Suite #201 Idaho Falls, ID 83402 IV. NOTICING City Council Posting Date Newspaper Notification 9/6/2019 Radius notification mailed to properties within 300 feet 7/2/2019 Public hearing notice sign posted 9/13/2019 Nextdoor posting 7/2/2019 V. STAFF ANALYSIS The applicant has applied for a development agreement modification (MDA) for the subject 16.74 acre property (parcels R5915720012 and R5915720020) from the existing development agreement and addendum (Inst. No. 106155843 & 104153422). These previous agreements were recorded in 2004 and 2006, respectively. The applicant is proposing to update the ownership and boundaries of the properties subject to the amended DA, modify and add new provisions and include a new conceptual site plan. Currently, the existing DAs governs a larger area owned by separate entities than the applicant’s property. Modifying the existing DA for the subject property will facilitate the development of the property without obtaining consent from multiple owners. The applicant is requesting Council approval of a new site plan for the properties (Exhibit D) and the specific removal of the following building design and size requirements included with the addendum to the current DA: 1. Principally permitted uses on the subject property shall be allowed without Conditional Use Permit approval, provided all future buildings have: sloped metal roofs with overhanging eaves that are supported by posts; are oriented toward the public street (Front door facing street); siding visible from the street containing at least a three-foot tall wainscoting constructed of stone, brick, or other similar materials; that each building will provide a variety of building materials and colors; and each building is generally consistent with the nine pictures submitted with MI-06-005 (attached to this addendum), as determined by the Planning Director. If a future proposed building is not consistent with the above-mentioned provisions, then the building and use shall be required to obtain Conditional Use Permit approval prior to construction and operation. 2. Future construction on the subject site shall be generally consistent with the Master Site Plan submitted with MI-06-005 (Exhibit C), as determined by the Planning Director. All buildings with frontage on Victory Road or Meridian Road will be limited to a maximum 11,000 square foot building footprint and no building on this site shall have a building footprint larger than 20,000 square feet. If a future proposed building is not consistent with the Master Site Plan, then the building shall be required to obtain Conditional Use Permit approval. The site plan and building designs submitted by the applicant do not comply with these two above requirements and would require Conditional Use Permits for each building on the site. Staff is Meridian City Council Meeting Agenda October 22, 2019 – Page 712 of 793 Page 3 recommending they be removed from the agreement and replaced with the conditions listed in Section VIII below. In order to maintain the cohesive character of the development envisioned by the original DA, staff is recommending that some shared design features be included in all new buildings on the site. All new buildings should include architectural features such as faux wood and metal panel accents and extra fenestration/windows. In addition, staff is recommending that all new buildings comply with the commercial standards of the Architectural Standards Manual. Staff has reviewed the proposed site plan and uses and found it to be in general compliance with Meridian City Code. The proposed site plan has fewer buildings, and with larger footprints, than what is currently shown in the existing DA. The applicant is proposing three of these larger buildings be multi-tenant flex space, a principally permitted use in the C-G zoning district in Table 11-2B-2. The three other buildings are proposed to be a mix of office, retail, and healthcare services. These uses are also all principally permitted in the current zoning. The proposed site plan moves the access drive to S. Meridian Rd. / SH-69 approximately 300 feet south of its current location. ITD has given their approval for this location as a right-in/right-out restricted access (see Exhibit F). UDC 11-3H-4B restricts the establishment of new approaches on SH-69 unless approved by Council at the recommendation of the Idaho Transportation Department. Since ITD has given their tentative approval (Exhibit F) and the access shall be limited to a right- in/right-out only, staff is supportive of the relocation of this access point. Council approval is needed for the location of this approach as shown on the site plan (Exhibit D). The existing plat of Mussell Corner Subdivision established a cross access easement agreement throughout the subdivision, recorded under instrument number 105085931. Staff recommends that with any future subdivision the cross access locations between the subject properties and Lots 2 & 3, Block 1 of Mussell Corner Subdivision be retained. In addition, all newly created lots shall have cross access granted between them to facilitate site integration. Staff is also recommending that the existing cross access agreement in place with Jacks Place Sub to the north be retained. At this point in time, there is a daycare which limits the utilization of this agreement but it is in the interest of the City to maintain the option should the site redevelop in the future. To ensure the site develops as proposed, staff recommends replacing sections 4, 5, and 6 of the existing DA and Addendum (Inst. Nos. 104153422 & 106155843), with new provisions. Staff has included the DA provisions that should be incorporated in the new DA, included in Section VIII below. VI. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VIII. Meridian City Council Meeting Agenda October 22, 2019 – Page 713 of 793 Page 4 VII. EXHIBITS A. Legal Description and Development Agreement Boundary Meridian City Council Meeting Agenda October 22, 2019 – Page 714 of 793 Page 5 Meridian City Council Meeting Agenda October 22, 2019 – Page 715 of 793 Page 6 Meridian City Council Meeting Agenda October 22, 2019 – Page 716 of 793 Page 7 B. Current Development Agreement Provisions (Inst. Nos. 104153422 & 106155843) Meridian City Council Meeting Agenda October 22, 2019 – Page 717 of 793 Page 8 ADDENDUM Inst. No 106155843 Provisions: Meridian City Council Meeting Agenda October 22, 2019 – Page 718 of 793 Page 9 Meridian City Council Meeting Agenda October 22, 2019 – Page 719 of 793 Page 10 C. Original Concept Plan Meridian City Council Meeting Agenda October 22, 2019 – Page 720 of 793 Page 11 D. Proposed Conceptual Site Plan (dated: 08/07/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 721 of 793 Page 12 E. Conceptual Building Renderings (not approved) Meridian City Council Meeting Agenda October 22, 2019 – Page 722 of 793 Page 13 F. Idaho Transportation Department Letter Meridian City Council Meeting Agenda October 22, 2019 – Page 723 of 793 Page 14 G. Parks Department Conditions of Approval Reviewer: Kim Warren / Pathways Project Manager Planner Assigned: Kevin Holmes Project Name: Victory Commons File No: H-2019-0091 Date: 10.10.19 The following will be required for development of the proposed project: CONDITIONS OF APPROVAL - PATHWAYS 1. The project developer shall design and construct multi-use pathways consistent with the location and specifications set forth in the Meridian Pathways Master Plan Map and Master Pathways Plan Document Chapter 3) and as listed below. Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager. 2. Prior to final approval, the applicant shall dedicate public access easements for two multi-use pathways, along with additional easement width for a future (third) multi-use pathway segment. These are: 2.1 A micropath connecting the micropath that extends from the cul-de-sac at E Lake Creek/ E Observation Drive across the Kennedy Lateral Easement to pedestrian facilities at Meridian Road. Width of this easement shall equal the width of the existing pathway, plus 2’ each side. 2.2 A 10’ multi-use pathway along Meridian Road to connect the existing sidewalk east of Meridian Road to the 10’ pathway north of the property. Coordinate with adjacent owner to north as necessary to achieve this connection. Multi-use pathway easements shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). 2.3 If in good condition, the existing sidewalk along Meridian Road may remain. It is the City’s intent to ultimately achieve a 10’ detached multi-use pathway along the length of this parcel. If applicant chooses not to replace existing sidewalk, applicant shall dedicate any additional easement width necessary to provide for a future 10’ detached multi-use pathway. Submit easement documents to the Planning Division for Council approval and subsequent recordation. Use standard City template for public access easement. Easement checklist must accompany all easement submittals. 3. Construct multi-use pathways per typical paving section(s) shown in the Meridian Pathways Master Plan Chapter 3. 4. The owner (or representative association) of the property affected by each public access easement shall have an ongoing obligation to maintain the multi-use pathways. 5. Project developer shall be responsible for procuring any easements necessary to complete the pathway connection between Meridian Road and the end of the existing micro-path. 6. Project developer shall be responsible for obtaining license agreement and other permission(s) as required for constructing within irrigation district easements. Meridian City Council Meeting Agenda October 22, 2019 – Page 724 of 793 Page 15 Should any discrepancy exist between these conditions of approval and the requirements of the irrigation district, the developer shall work with Pathways Project Manager to achieve a pathway design that meets both City and irrigation district objectives. City requirements as stated shall not (nor are they intended to) override those of the irrigation district having jurisdiction over the project area. VIII. CITY/AGENCY COMMENTS & CONDITIONS Recommended Development Agreement Provisions: 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. CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In addition, new buildings shall include the following architectural features: faux wood and metal panel accents and extra fenestration/windows. 2. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 3. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for building permit. 4. Direct cross access shall be provided between Lots 2 and 3, Block 1 of Mussel Corner Subdivision. 5. Applicant shall provide a recorded cross agreements between the subject properties and with parcels R5915720030, R5915720042, and R6242270030 in accord with UDC 11-3A-3. The recorded agreement shall be submitted to the Planning Division prior to obtaining occupancy of the first structure. 6. The existing access to S. Meridian Rd. at the north end of the property shall be closed as required by ITD and new approach constructed per ITD standards. The applicant shall install a detached sidewalk and landscape the area with a 25-foot wide street buffer to match the adjacent sidewalk and landscaping and in accord with UDC 11-3B-7C. 7. The required landscape buffer along S. Meridian Rd. and E. Victory Rd. shall meet the standards listed in UDC 11-3B-7 prior to the issuance of Certificate of Occupancy for any new construction. 8. The required 25-foot wide land use buffer to the residential uses to the north and east shall be constructed to the standards of UDC 11-3B-9. If the Meridian City Council Meeting Agenda October 22, 2019 – Page 725 of 793 Page 16 planting of vegetation be restricted by any easement, the required buffer materials shall be planted outside of said easement to comply with the standards listed above. 9. All future and existing uses on the property shall comply with the outdoor storage as an accessory use standards of UDC 11-3A-14. 10. The open pond shall have recirculated water and shall be maintained such that it does not become a mosquito breeding ground. 11. Prior to any Certificate of Zoning Compliance approvals for the area marked “Future development commercial retail storage” on the submitted site plan, the pond area shall be improved as an amenity with pedestrian walking paths and an outdoor seating area. 12. Comply with the Parks Department Conditions of Approval included in Exhibit G of the staff report dated October 15, 2019. 13. The development of the property shall substantially comply with the conceptual site plan included in Exhibit D of the staff report dated October 15, 2019. Meridian City Council Meeting Agenda October 22, 2019 – Page 726 of 793 EIDIAN.,?-- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number. 9 H " f'J fo q A Item Title: Public Hearing for Silverstone Apartments (H-2.019-0099) By Dale Evans Construction, Located at 4107 E. Overland Rd. 1. Request: Modified Development Agreement for the purpose of removing the subject property from DA Instrument #2018-012457 and DA Instrument #2018-012456 and be placed in a new, separate agreement. Meeting Notes: Cbn�in vPd —b 12-/--'015 a- Se,d ���G�rds � Tai I TEM SHEET C ouncil Agenda I tem - 9.H. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for S ilverstone Apartments (H-2019-0099) by Dave Evans C onstruction, L ocated at 4107 E . O verland Rd. S taff R eport in P rogres s . Will be added as s oon as completed C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/18/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/18/2019 - 3:59 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 727 of 793 10/22/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/22/2019 Hearing Type: Council Item Number: 9-H Project Name: Silverstone Apartments Project No.: H-2019-0099 Active: � Signature Name Address City -State- Zip For Against Neutral I Wish To Testify Sign In Date/Time Robert 10/22/2019 2052 S Gedalio Ln X spryn 6:07:27 PM Dorothy 1970 south gedalio lane 10/22/2019 X X toschi meridian 6:13:37 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=352 1/1 Page 1 HEARING DATE: 10/22/2019 TO: Mayor and City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0099 Silverstone Apartments MDA LOCATION: 4107 E. Overland Rd., in the NW ¼ of the NE ¼ of Section 21, Township 3N., Range 1E. I. PROJECT DESCRIPTION The applicant has applied for a development agreement modification for the purpose of combining/removing property from the boundary of three (3) previous recorded development agreement (DA Instrument #2017-076698, 2017-024757 & Addendum Instrument #2018-12457) to create one development agreement that governs the Silverstone project. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant: Silverstone Apartments, LLC 7761 W. Riverside Dr., Suite 100 Boise, ID 83714 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage 12.43 Current Zoning C-G Neighborhood meeting date; # of attendees: 8/15/2019; 9 attendees History (previous approvals) H-2016-0060 (AZ, CPAM, CUP); H-2017-0104 (RZ, PP, MDA, MCU); DA Instrument #2017-076698, 2017- 024757 & Addendum Instrument #2018-012457 Meridian City Council Meeting Agenda October 22, 2019 – Page 728 of 793 Page 2 B. Owner(s): Bienapel Family Limited Partnership (Owner of Phase 2 and 3) 2674 S. Andros Way Meridian, ID 83642 Silverstone Apartments, LLC (Owner/Developer of phase 1) 7761 W. Riverside Dr., Suite 100 Boise, ID 83714 C. Representative: Dave Evans Construction 7761 W. Riverside Dr., Suite 100 Boise, ID 83714 IV. NOTICING City Council Posting Date Newspaper Notification 10/4/2019 Radius notification mailed to properties within 300 feet 10/1/2019 Public hearing notice sign posted 10/10/2019 Nextdoor posting 10/1/2019 Meridian City Council Meeting Agenda October 22, 2019 – Page 729 of 793 Page 3 V. STAFF ANALYSIS The applicant has applied for a development agreement modification (MDA) to the existing development agreements and addendums for the subject 12.43 acre property (Exhibit A). Because the project is proposed to develop in three (3) phases (phase 1 has commenced), three separate legal descriptions have been provided for each phase. However, the entire project is proposed to be subject to one DA that governs the entire development. Other items include modifying and add new DA provisions and incorporating a new concept plan and building elevations. Removing the properties from the three (3) previous agreements will assist staff with administering development of the subject properties and their respective phases. This is the third requested modification to the DA for the Silverstone Apartments. The original approval in 2016 encompassed 14.41 acres, including the western portion of the subject property and a portion of what is now the Movado Greens Subdivision. This original DA (inst. # 2017-076698) had provisions for a maximum of 312 multi-family dwelling units. In 2017, this original DA was amended to reduce the number of multi-family units to 112 and develop the southern portion of the original site as single-family homes as part of the Movado Greens Subdivision and incorporate a commercial buildings on the remainder of the C-G portion of the property (addendum inst. No. 2017- 024757 and 2018-012457). In previous approvals, staff has been supportive of higher density residential. The Comprehensive Plan FLUM designation for this property is Mixed-Use Regional, which also encompasses the large commercial developments to the west of this site. These employment and commercial centers support the current proposal for high density residential on this site. With this application, the applicant is requesting Council approval of a new concept plan, which expands the multi-family development from 112 units to 204 units, depicts a 12,000 square foot commercial building and associated parking and 10 townhomes (Exhibit D). Building elevations submitted with the application are consistent with those currently under construction with the first phase. NOTE: Townhomes are not allowed in the C-G district. Conceptually, staff supports the residential diversity throughout the development, however, before the property can be developed with townhomes, the applicant must rezone and subdivide the property. Further, the applicant request the following modifications to the language of Addendum Instrument Number 2018-012457: Meridian City Council Meeting Agenda October 22, 2019 – Page 730 of 793 Page 4 The additional units are proposed to be part of phase 2, located in a 4.38 acre area previously approved for commercial uses. With the additional units, the applicant is proposing to add fitness facilities to the clubhouse, a pool, dog walk, and an additional 50’ x 100’ open lawn area. The proposed concept plan shows a total of 377 parking stalls for the multi-family development for both phases. This is two stalls less than the 379 required by code (375 for the multi-family and 4 for the 1,834 square foot clubhouse). To alleviate parking concerns and increase open space, staff recommends that the 24-plex “Building J” shown on the proposed site plan be replaced with a three-story 12-plex. The northern half of the footprint should be revised to show an open lawn area with landscaping along the eastern edge. The plans for phase two shall also be revised to show the full 25’ wide landscape buffer to the residential uses to the south (including Lot 14, Block 1 of Movado Greens No. 1) or request a waiver from the buffer width requirements as allowed in UDC 11-3B-9. Staff recommends that the buffer be comprised of trees that touch at the time of maturity and that this requirement not be waived. According to Table 11-2B-2, the proposed multi-family use is a conditional use in the C-G zoning. The applicant has submitted a Conditional Use Modification application (H-2019-0104) with the City to modify the existing conditional use permit approved for the site in 2016 (H-2017-0104). All applicable code requirements for this development shall be analyzed through that process and any changes that result shall be incorporated in a revised site plan, landscape plan, and elevations. The proposed multi-family townhome development in the southeast corner of the subject properties will also be required to obtain a Conditional Use permit per the table referenced above. Staff recommends the applicant be granted flexibility to revise their layout of this area (townhomes) to meet the requirements of the multi- family conditional use approval. Staff has reviewed the terms of the three (3) previous development agreements to determine which provisions may still apply and if any new provisions should be included into the combined agreement. Below are staff’s recommended DA provisions: a) Future development of the site shall generally comply with the site plan, landscape plan, and architectural elevations included in Section VII, Exhibits D, E, & F of the staff report dated 10/22/2019 and the conditions contained therein. b) The submitted site and landscape plan, included in Section VII, Exhibits D & E of the staff report dated 10/22/2019 shall be revised to replace “Building J” with a three-story 12-plex to be located on the southern end of the current buildings footprint. The northern half of the footprint shall be revised to show an open lawn area with landscaping along the eastern edge. c) The plans for phase two shall be revised to show the full 25’ wide landscape buffer to the residential uses to the south (including Lot 14, Block 1 of Movado Greens No. 1) or request a waiver from the buffer width requirements as allowed under UDC 11-3B-9. The buffer shall be Meridian City Council Meeting Agenda October 22, 2019 – Page 731 of 793 Page 5 comprised of trees that touch at the time of maturity, this requirement shall not be eligible to be waived. d) A maximum 192 multi-family residential dwelling units shall be constructed within this development. The townhomes depicted on the concept plan shall not commence until the applicant rezones and subdivides the property. e) Site amenities shall be provided as follows: 1) clubhouse with fitness facility, 2) children’s play structure, 3) sports court, 4) pool, 5) dog walk, and 6) two open grassy areas, in accord with the standards of UDC 11-4-3-27D. f) All commercial lots and multi-family developments are subject to certificate of zoning compliance (CZC) and design review prior to the issuance of building permits. g) All multi-family developments shall obtain conditional use approval prior to submitting for CZC and design review approval per Table 11-2B-2. h) The applicant shall have the ability to obtain multi-family building permits with phase 2 prior to recording the final plat. VI. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VIII. Meridian City Council Meeting Agenda October 22, 2019 – Page 732 of 793 Page 6 VII. EXHIBITS A. Legal Description of Properties to be Included under Development Agreement Phase 2 and 3 DA No(s). 2017-076698, 2017-024757 Meridian City Council Meeting Agenda October 22, 2019 – Page 733 of 793 Page 7 Meridian City Council Meeting Agenda October 22, 2019 – Page 734 of 793 Page 8 Meridian City Council Meeting Agenda October 22, 2019 – Page 735 of 793 Page 9 Meridian City Council Meeting Agenda October 22, 2019 – Page 736 of 793 Page 10 Meridian City Council Meeting Agenda October 22, 2019 – Page 737 of 793 Page 11 Meridian City Council Meeting Agenda October 22, 2019 – Page 738 of 793 Page 12 Phase 1 DA No. 2018-012457 Meridian City Council Meeting Agenda October 22, 2019 – Page 739 of 793 Page 13 Meridian City Council Meeting Agenda October 22, 2019 – Page 740 of 793 Page 14 B. Previously Approved Site Plan from Original DA Inst. No. 2017-076698 Meridian City Council Meeting Agenda October 22, 2019 – Page 741 of 793 Page 15 C. Current Site and Landscape Plan from DA Addendum Inst. No. 2018-012457 Meridian City Council Meeting Agenda October 22, 2019 – Page 742 of 793 Page 16 D. Proposed Site Plan (dated: 06/28/2019) Remove residential building and replace with open space Meridian City Council Meeting Agenda October 22, 2019 – Page 743 of 793 Page 17 E. Proposed Landscape Plan (dated: 08/28/2019) Remove residential building and replace with open space Meridian City Council Meeting Agenda October 22, 2019 – Page 744 of 793 Page 18 F. Multi-Family Elevations (dated: 11/09/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 745 of 793 Page 19 Meridian City Council Meeting Agenda October 22, 2019 – Page 746 of 793 Page 20 VIII. CITY/AGENCY COMMENTS & CONDITIONS Recommended Development Agreement Provisions: 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. CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of the site shall generally comply with the site plan, landscape plan, and architectural elevations included in Section VII, Exhibits D, E, & F of the staff report dated 10/22/2019 and the conditions contained therein. 2. The submitted site and landscape plan, included in Section VII, Exhibits D & E of the staff report dated 10/22/2019 shall be revised as follows: i. Replace “Building J” with a three-story 12-plex to be located on the southern end of the current buildings footprint. The northern half of the footprint shall be revised to show an open lawn area with landscaping along the eastern edge. ii. The plans for phase two shall be revised to show the full 25’ wide landscape buffer to the residential uses to the south (including Lot 14, Block 1 of Movado Greens No. 1) or request a waiver from the buffer width requirements as allowed under UDC 11-3B-9. The buffer shall be comprised of trees that touch at the time of maturity, this requirement shall not be eligible to be waived. 5.2. A maximum 192 multi-family residential dwelling units shall be constructed within this development. The townhome portion of the development depicted on the concept plan shall not commence until the applicant rezones and subdivides the property. 5.3. Site amenities shall be provided as follows: 1) clubhouse with fitness facility, 2) children’s play structure, 3) sports court, 4) pool, 5) dog walk, and 6) two open grassy areas, in accord with the standards of UDC 11-4-3-27D. 5.4. All commercial lots and multi-family developments are subject to certificate of zoning compliance (CZC) and design review prior to the issuance of building permits. 5.5. All multi-family developments shall obtain conditional use approval prior to submitting for CZC and design review approval per Table 11-2B-2. 5.6. The applicant shall have the ability to obtain multi-family building permits with phase 2 prior to recording the final plat. Meridian City Council Meeting Agenda October 22, 2019 – Page 747 of 793 EIDIA0 I DAH N,?-- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 9 I Item Title: Public Hearing for Gem Prep (H-2019-0100) By Erstad Architects. Located at 2750 E. Gala Court 1. Request: To Vacate an existing 20X20 water easement located near the northeast corner of Lot 7, Block 2 and the northwest corner of Lot 8, Block 2 of Gramercy Subdivision No. 1. Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 9.I . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for Gem P rep (H-2019-0100) by Erstad Architects, L ocated at 2750 E . Gala Court C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 10/16/2019 - 12:28 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 748 of 793 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/22/2019 Hearing Type: Council Item Number: 9-1 Project Name: Gem Prep Project No.: H-2019-0100 Active: ❑ Page 1 of 1 Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=353 10/24/2019 City - I Wish To Sign In Signature Name Address State- For Against Neutral Testify Date/Time Zip Katrina Kulm- 310 N. 5 th 10/22/2019 X st Boise Id 6:08:51 PM ARCHITECTS Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=353 10/24/2019 Page 1 HEARING DATE: 10/22/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0100 Gem Prep Meridian LOCATION: The site is located at 2750 E. Gala Court, in the NE ¼ of Section 20, Township 3N., Range 1E. I. PROJECT DESCRIPTION Request to vacate an existing 20’ x 20’ water easement located near the northeast corner of Lot 7, Block 2 and the northwest corner of Lot 8, Block 2 of Gramercy Subdivision No. 1. See Exhibit B. A. Applicant/Owner: Building Hope Gala Court, LLC 910 17th Street, Suite 1100 Washington D.C., 20006 B. Representative: Erstad Architects 310 N. 5th St. Boise, ID 83702 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Current Zoning C-G History (previous approvals) AZ-06-021; PP-06-019; FP-06-048; CZC-10-040; A-2017-0112; A-2019- 0244 Meridian City Council Meeting Agenda October 22, 2019 – Page 749 of 793 Page 2 II. STAFF ANALYSIS The applicant is requesting approval to vacate a City of Meridian water and sanitary sewer easement located on Lots 7 and 8, Block 2 of Gramercy Subdivision No. 1. Per Meridian City Code Title 11, Chapter 5, City Council is the decision making body on this matter. There is a building under construction on the site which requires the movement of the existing water line. Once this relocation is complete, the existing easement on the plat will no longer be necessary. With the Certificate of Zoning Compliance (A-2019-0244) for the building, staff required the applicant to vacate the easement. The applicant has received approval from the public works department to vacate the easement in question, and abandon the existing utility stubs per Meridian Public Works Standards. Therefore, staff recommends approval to vacate easement as proposed. III. DECISION A. Staff: Staff recommends approval of the vacation application as proposed Enter Summary of City Council Decision. Meridian City Council Meeting Agenda October 22, 2019 – Page 750 of 793 Page 3 IV. EXHIBITS A. Legal Description and Exhibit of Easement to be Vacated Meridian City Council Meeting Agenda October 22, 2019 – Page 751 of 793 Page 4 Meridian City Council Meeting Agenda October 22, 2019 – Page 752 of 793 Page 5 B. Recorded Plat Easement to be vacated Meridian City Council Meeting Agenda October 22, 2019 – Page 753 of 793 Page 6 V. CITY/AGENCY COMMENTS & CONDITIONS Public Works Division: A. The applicant has been provided plan review comments for the physical abandonment of the utility stubs that are existing within the subject easement. Once the abandonments have been completed per the Meridian Public Works Department Standards, there is no objection to the vacation of the associated easements. Meridian City Council Meeting Agenda October 22, 2019 – Page 754 of 793 E IDIAN*-- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 9 7 Item Title: Public Hearing Continued from October 15, 2019 for Nick Estates Subdivision (H-2019-0086) By LR Geomatics, PLLC. Located at 1180 N. Ten Mile Rd. 1. Request: To combine preliminary/final plat consisting of 4 building lots on 1.4 acres of land in the R-4 zoning district. Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 9.J . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from October 15, 2019 for Nick E states Subdivision (H-2019-0086) by L R Geomatics, P L L C , L ocated at 1180 N. Ten M ile 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 Commission Recommendations and S taf f R eport S taff Report 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 10/17/2019 - 12:50 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 755 of 793 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/22/2019 Hearing Type: Council Item Number: 9-J Project Name: Nick Estates Project No.: H-2019-0086 Active: ❑ Page 1 of 1 Signature City- I Wish To Sign In Address For Against Neutral Name State -Zip Testify Date/Time Nick 1180 n. Ten 10/22/2019 X shearer mile rd 6:05:57 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=354 10/24/2019 Page 1 HEARING DATE: 9/19/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0086 Nick Estates Subdivision LOCATION: 1180 N. Ten Mile Rd. I. PROJECT DESCRIPTION Combined preliminary and final plat consisting of four residential building lots on 1.4 acres of land in the R-4 zoning district. The applicant is requesting a waiver from City Council per UDC 11-3A-3 for the existing residence to retain its driveway access to N. Ten Mile Rd. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda October 22, 2019 – Page 756 of 793 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Acreage 1.4 Future Land Use Designation Medium Density Residential (MDR) Existing Land Use Single Family Residential Proposed Land Use(s) Single Family Homes Current Zoning R-4 Proposed Zoning R-4 Lots (# and type; bldg/common) Four buildable; Four common Phasing plan (# of phases) NA Number of Residential Units (type of units) Four, single-family homes Density (gross & net) 2.84 Gross/3.2 Net Open Space (acres, total [%] / buffer / qualified) NA Amenities NA Physical Features Eight Mile Lateral along east boundary Neighborhood meeting date; # of attendees: June 28, 2019; Five attendees Description Details Wastewater • Distance to Sewer Services 0-Feet • Sewer Shed 4 • Estimated Project Sewer ERU’s See Application • WRRF Declining Balance • Project Consistent with WW Master Plan/Facility Plan Yes Water • Distance to Water Services 0-Feet • Pressure Zone 2 • Estimated Project Water ERU’s See Application • Water Quality No concerns • Project Consistent with Water Master Plan Yes • Impacts/Concerns No concerns Grocery Store Less than ½ mile away to the north on N. Ten Mile Rd. Meridian City Council Meeting Agenda October 22, 2019 – Page 757 of 793 Page 3 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda October 22, 2019 – Page 758 of 793 Page 4 III. APPLICANT INFORMATION A. Applicant: Nick Shearer – 1180 N. Ten Mile Rd., Meridian, ID 83642 B. Owner: Same as applicant C. Representative: LR Geomatics, PLLC – 2850 W. Mirmonte St., Meridian, ID 83646 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification 8/30/2019 Radius notification mailed to properties within 300 feet 8/27/2019 Applicant posting of site 9/1/2019 Nextdoor posting 8/27/2019 V. STAFF ANALYSIS A combined preliminary and final plat is proposed for four residential building lots on 1.41 acres in the R-4 zoning district. The proposed plat also includes four common lots; three to contain the required 25-foot landscape buffer along N. Ten Mile Rd., and one for a common drive. The three interior, eastern-most residential lots are shown as taking access via this common drive. There is an existing single-family home and an accessory structure currently on the property. The applicant is proposing to retain the residence while removing the accessory structure. The existing house currently takes direct access from N. Ten Mile Rd., an arterial roadway. The applicant is requesting a waiver from Council to retain this direct access rather than take access from the common drive, per UDC 11-3A-3 (see section F below for further analysis). A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) The Future Land Use Map Designation for this property is Medium Density Residential (MDR). This designation calls for 3-8 dwelling units per acre. The proposed subdivision has a gross density 2.84 d.u. per acre and a net density of 3.2 d.u. per acre. This density is slightly lower than what is envisioned by the MDR designation. Since this density is not consistent with the MDR FLUM designation, the applicant should request a “step-down” in density to Low Density Residential (LDR) from City Council pursuant to the Comprehensive Plan. Staff is in support of this lower unit count and a “step-down” in density to LDR as the site is infill and is constrained by its small size and dimensions which reduces the area of potential buildable lots. In addition, should the property to the north redevelop and share access with this development, the combined properties will be restricted to six lots due to the common drive requirements of UDC 11-6C-3D.1 Overall, the proposed use and density is harmonious with the existing surrounding residential developments. Meridian City Council Meeting Agenda October 22, 2019 – Page 759 of 793 Page 5 B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 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) Staff finds City services are available at this point in time and the development is contiguous to the City. 2. “Encourage infill development.” (3.04.02B) Staff finds that, if approved, this proposed development meets the definition of infill development. 3. “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.)” (3.06.02F) The submitted plans include a 25-foot landscape buffer along N. Ten Mile Rd., which staff finds meets the requirements of code. 4. “Provide housing options close to employment and shopping centers.” (3.07.02F) Major employment and retail developments are planned for the Ten Mile interchange directly south of this proposed development. In addition, there is a commercial hub at the intersection of N. Ten Mile Rd. and W. Cherry Ln., less than a quarter-mile to the north. C. Existing Structures/Site Improvements: There is an existing single-family home and an accessory structure currently on the property. The applicant is proposing to retain the residence on Lot 2, Block 1 while removing the accessory structure. Existing structures remaining on the property must conform the R-4 dimensional standards. D. Proposed Use Analysis: The property is currently zoned R-4. The proposed single-family dwellings are a permitted use in this zoning as set forth in Table 11-2A-2. E. Dimensional Standards (UDC 11-2): The site shall conform with the dimensional standards of the R-4 zoning district as set forth in Table 11-2A-5. The average lot size is 12,490 square feet with a minimum lot size of 10,747 square feet. Per UDC 11-2A-3B.3, lots taking access from a common drive do not require street frontage. Staff is recommending that all lots take access from a common drive. The location of structures shall conform to all applicable setbacks and dimensional requirements. F. Access (UDC 11-3A-3): The interior Lots 6, 7, 8, Block 1 are proposed to take access via a common drive to N. Ten Mile Rd., meeting the street access requirements of UDC 11-3A-3A. The applicant is requesting a Council waiver to retain the direct access for the existing home out to N. Ten Mile Rd., an arterial roadway. The stated intent of UDC 11-3A-3 is “to improve safety by limiting and/or combining access points to arterial streets”. Action Item 3.06.02D of the Comprehensive Plan also directs the City to “restrict private curb cuts and access points on collector and arterial streets.” Therefore, staff recommends that the access for the existing home (Lot 2, Block 1) be closed and the lot take access off the proposed common drive to the north. The draft staff report provided by ACHD is also contains a site specific condition of approval requiring this revision. Meridian City Council Meeting Agenda October 22, 2019 – Page 760 of 793 Page 6 In addition, staff recommends that a twenty-foot wide access easement from the north property line to the common drive be granted to the property to the north (1300 N. Ten Mile Rd.). Should said property redevelop in the future, this will ensure they are able to utilize existing access points to N. Ten Mile Rd. in accord with the standards of UDC 11-3A- 3A. G. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family detached dwellings based on the number of bedrooms per unit as set forth in UDC Table 11-3C-6. H. Sidewalks (UDC 11-3A-17): Unless waived by the director, detached sidewalks are required along all arterial roadways in accord with UDC 11-3A-17C. Seven-foot wide attached sidewalks currently exist along N. Ten Mile Rd. and the director has deemed this sufficient. Staff recommends the existing drive be closed and a seven-foot wide sidewalk be installed to match the surrounding improvements. I. Landscaping (UDC 11-3B): A twenty-five foot wide landscaping buffer is proposed along N. Ten Mile Rd. in accord with UDC 11-3B-7. The plans should be modified to depict the entire landscape buffer adjacent to Lot 2, Block 1 in a single common lot. The submitted landscape plan shows the common drive (Lot 4, Block 1) bisecting the landscaping common lot along N. Ten Mile Rd. This has created a very small, 21-foot by 16-foot, landscaping common lot at the northwest corner or the property (Lot 5, Block 1) as well as a roughly 75-foot unbuildable section of Lot 6, Block 1 along the common drive. Staff recommends that this 75- foot section of Lot 6, Block 1 be combined with the landscaping common lot along N. Ten Mile Rd. into a single common lot to be maintained by the Nick Estates Homeowners Association. J. Qualified Open Space (UDC 11-3G): At 1.41 acres, the property is less than the five-acre threshold to require qualified open space per UDC 11-3G-2. K. Waterways (UDC 11-3A-6): No waterways present on the property itself. A 3.5-foot wide irrigation easement is located along the eastern property line for the Eight Mile Lateral. L. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 6 and 11-3A-7. Four-foot chain-link fencing along the northern property line and six-foot closed- vision wood fencing along the southern property line is proposed to remain. These fences meet the requirements listed above. M. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation (PI) system is required to be provided for each lot within the development. The current proposal depicts the PI pump station within a buildable lot (Lot 8, Block 1). City of Meridian irrigation standards, UDC 11-3B-6E, require that if a PI pump station is required on the developed property, such station shall be on a lot solely dedicated to that pump station. Said lot shall be owned by the entity that owns and operates the PI system. The applicant Meridian City Council Meeting Agenda October 22, 2019 – Page 761 of 793 Page 7 should revise the plat and landscape plan to place the PI pump station on its own dedicated common lot to be owned and maintained by the Owners Association. N. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. The existing home will be required to hook up to services within 60 days of Council approval. A street light plan will need to be submitted prior to the City Engineers signature on the plat. Street light plan requirements are listed in section 6-7 of the City's Design Standards. One type 1 streetlight, 35-feet in height with a 12-foot mast arm is required. See Section VIII below for Public Works comments and conditions. O. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): The applicant has not provided any building elevations. Prior to Commission, the applicant should provide elevations of the proposed single-family homes to Planning staff. VI. DECISION A. Staff: Staff recommends approval of the proposed combined preliminary and final plat per the conditions listed in Section VIII. B. Commission: C. City Council: Enter Summary of City Council Decision. The Meridian Planning & Zoning Commission heard these items on September 19, 2019. At the public hearing, the Commission moved to recommend approval of the subject Preliminary and Final Plat request. 1. Summary of Commission public hearing: a. In favor: Aaron Rush- applicant’s representative; Elizabeth Shranz – owner b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Kevin Holmes f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimony: a. Condition requirement for a cross access easement with the property to the north. b. Public Works condition requiring a street light be installed on N. Ten Mile Rd. 3. Key issue(s) of discussion by Commission: a. Agreement with the condition to require cross-access to property to north. b. Possibility to work with Public Works to add streetlight to existing Hawks signal. 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None Meridian City Council Meeting Agenda October 22, 2019 – Page 762 of 793 Page 8 VII. EXHIBITS A. Preliminary/Final Plat (date: 7/16/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 763 of 793 Page 9 B. Landscape Plan (date: 7/15/2019) Meridian City Council Meeting Agenda October 22, 2019 – Page 764 of 793 Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The preliminary/final plat included in Section VII.A shall be revised as follows: a. Lots 1 and 3, Block 1 shall be combined into one common lot to cover the entire frontage along N. Ten Mile Rd. adjacent to Lot 2, Block 1. b. Lot 5, Block 1 shall be extended at least 75-feet to the east to cover the entire 16-foot wide strip of property located on the north side of the shared common drive. c. The pressurize irrigation pump shall be located on a dedicated common lot to be owned and maintained by the homeowners association. Add associated note to the face of the plat stating ownership and maintenance responsibilities. d. Note 5: Add instrument number. 2. The landscape plan included in Section VII.B shall be revised as follows: a. Revised Lot and Block numbering to match the submitted preliminary/final plat. b. Lots 1 and 3, Block 1 shall be combined into one common lot to cover the entire frontage along N. Ten Mile Rd. adjacent to Lot 2, Block 1. This lot shall be landscaped to the standards of UDC 11-3B-7C-3. c. Revise the plan to show the existing home taking access from the shared common drive. d. Lot 5, Block 1 shall be extended at least 75-feet to the east to cover the entire 16-foot wide strip of property located on the north side of the shared common drive. e. Revise the plan to show the pressurize irrigation pump located on a dedicated common lot to be owned and maintained by the homeowners association. 3. The applicant shall request a “step-down” in density to Low Density Residential from City Council pursuant to the Comprehensive Plan. 4. Any remaining structures outside of the existing single family home on Lot 2, Block 1 shall be removed prior to signature on the final plat by the City Engineer. 5. Close the existing 46-foot wide residential driveway onto N. Ten Mile Rd. located 216-feet north of Forecast Street with vertical curb, gutter, and seven-foot wide concrete sidewalk to match the existing improvements on either side. 6. Prior to the Planning and Zoning Commission hearing, provide Planning staff with building elevations of the proposed single-family homes. 7. The existing home shall connect to City services within 60 days of Council approval. 8. Prior to signature on the plat by the City Engineer, a minimum 20-foot wide cross-access easement shall be recorded to allow the property to the north to access the shared common drive, Lot 4, Block 1. Meridian City Council Meeting Agenda October 22, 2019 – Page 765 of 793 Page 11 9. Prior to signature on the plat by the City Engineer, a common driveway exhibit depicting the setbacks, fencing, building envelope, and orientation of the lots and structures shall be provided to the Planning Department. 10. Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2A-5. 11. 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. 12. Comply with the sidewalk standards as set forth in UDC 11-3A-17. 13. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 14. Construct storm water integration facilities that meet the standards as set forth in UDC 11- 3B-11C. 15. 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. 16. The applicant shall provide a letter to the Meridian Planning Department from the United States Postal Service stating the mailbox locations for the development have been approved. 17. 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. 18. All fencing installed shall comply with the standards set forth in UDC 11-3A-7. 19. 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. Meridian City Council Meeting Agenda October 22, 2019 – Page 766 of 793 Page 12 20. All common open space shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 21. The project is subject to all current City of Meridian ordinances. 22. 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. 23. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 24. The applicant, property owner, and/or managing body 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. 25. 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. 26. 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. 27. The combined preliminary and final 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. 28. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda October 22, 2019 – Page 767 of 793 Page 13 B. PUBLIC WORKS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Meridian City Council Meeting Agenda October 22, 2019 – Page 768 of 793 Page 14 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 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 City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Meridian City Council Meeting Agenda October 22, 2019 – Page 769 of 793 Page 15 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. C. FIRE DEPARTMENT 1. All roadways shall be marked “No Parking Fire Lane” per International Fire Code Sections 503.3 & D103.6. 2. Fire Flow: One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 1 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3. Roadways: All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4. Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 5. Access: Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 6. Addressing: The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1 and Meridian Amendment 104-4-1. Meridian City Council Meeting Agenda October 22, 2019 – Page 770 of 793 Page 16 D. POLICE DEPARTMENT No comments provided E. NAMPA MERIDIAN IRRIGATION DISTRICT http://weblink.meridiancity.org/WebLink8/0/doc/176148/Page1.aspx F. ADA COUNTY HIGHWAY DISTRICT (DRAFT) http://weblink.meridiancity.org/WebLink8/0/doc/176953/Page1.aspx . G. IDAHO TRANSPORTATION DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/176080/Page1.aspx H. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/176143/Page1.aspx Meridian City Council Meeting Agenda October 22, 2019 – Page 771 of 793 Page 17 IX. FINDINGS 1. Combined Final and Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to the subject property upon development. c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Staff 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; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Commission and/or Council’s attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves significant natural, scenic or historic features. Staff is unaware of any significant natural, scenic, or historic features that exist on this site. Meridian City Council Meeting Agenda October 22, 2019 – Page 772 of 793 EIDIANDAH ,!-- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Acienda Item Number: 9 E Item Title: Public Hearing for Ordinance 19-1855 An Ordinance Prohibiting the Use of Compression Brakes within the City of Meridian Meeting Notes: City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/22/2019 Hearing Type: Council Item Number: 9-E Project Name: Compression Brake Ordinance Project No.: Active: ❑ Page 1 of 1 Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=350 10/24/2019 City - Signature I Wish To Sign In Address State- For Against Neutral Name Testify Date/Time Zip 343 West Bob and 10/22/2019 Sand Wedge g X X Louise Jones 6:04:24 PM Street Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=350 10/24/2019 (��rEIDIZIAN*,---, I DAHO CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 10 A Item Title: Ordinance No. 19-1855 An Ordinance Prohibiting Use of Compression Brakes with the City of Meridian. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 10.A. Presenter: Community Development Estimated Time f or P resentation: 10 minutes Title of I tem - Ordinance 19-1855: An Ordinance P rohibiting Use of C ompression Brakes Within the City of M eridian D raf t Ordinance T hat Would P rohibit the Use of Air Compression B rakes within the City of Meridian. Previously discussed in November 2018 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Draft Ordinance Air Compression B rakes Ordinance 8/7/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/18/2019 - 2:22 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 773 of 793 CITY OF MERIDIAN ORDINANCE NO. 19-1855 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-13, PROHIBITING THE USE OF AIR COMPRESSION BRAKES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an ordinance prohibiting the use of air compression brakes within the City of Meridian would mitigate noise from these devices, particularly in residential neighborhoods; and, WHEREAS, an ordinance prohibiting the use of air compression brakes within the City of Meridian would be consistent with ordinances adopted by Ada County and other incorporated cities within Ada County; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That section 7-1-13 is added to the Meridian City Code as follows: 7-1-13: AIR COMPRESSION BRAKES PROHIBITED: A. The term "air compression brakes" shall include devices that alter the operation of an engine's exhaust to slow a vehicle or truck. B. The use of air compression brakes by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within the City is hereby prohibited and shall be unlawful, except under emergency circumstances where the use of air compression brakes is necessary to prevent an accident or iniury to persons or property. C. The following vehicles and trucks are exempted from the prohibitions of this section: 1. Vehicles and trucks operated by a fire department; and, 2. Vehicles used for public transit purposes. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this 22nd day of October, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 22nd d ctober, 2019. 4,TLD AU ° GUST, APPROVED: ATT T: �c°¢ city of 4 (1 E IOIAN Tammy erd, Mayor is son, Ci Clerk Ste- - ORDINANCE ADDING SECTION 7-1-13 — AIR COMPRESSION BRAKEs f G ` T P s PAGE 1 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1855 An ordinance adding Meridian City Code section 7-1-13, prohibiting the use of air compression brakes; 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. M Vdi��—ouncil or By: Chnson, City Clerk First Reading: 10/22/2019 Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES X Second Reading: N/A Third Reading: N/A STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1855 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. 19-1855 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 22nd day of October, 2019. William L.M. Nary, City Attorney ORDINANCE ADDING SECTION 7-1-13 -AIR COMPRESSION BRAKES PAGE 2 DRAFT — AUGUST 13, 2019 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-13, PROHIBITING THE USE OF AIR COMPRESSION BRAKES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an ordinance prohibiting the use of air compression brakes within the City of Meridian would mitigate noise from these devices, particularly in residential neighborhoods; and, WHEREAS, an ordinance prohibiting the use of air compression brakes within the City of Meridian would be consistent with ordinances adopted by Ada County and other incorporated cities within Ada County; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That section 7-1-13 is added to the Meridian City Code as follows: 7-1-13: AIR COMPRESSION BRAKES PROHIBITED: A. The term "air compression brakes" shall include devices that alter the operation of an engine's exhaust to slow a vehicle or truck. B. The use of air compression brakes by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within the City is hereby prohibited and shall be unlawful, except under emergency circumstances where the use of air compression brakes is necessary to prevent an accident or injury to persons or property. C. The following vehicles and trucks are exempted from the prohibitions of this section: 1. Vehicles and trucks operated by a fire department; and, 2. Vehicles used for public transit purposes. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. �7 A PASSED by the City Council of the City of Meridian, Idaho this 2Z day of_6A+p�st; 2019. Od Ocb�ee- APPROVED by the Mayor of the City of Meridian, Idaho, this Q -L day of Azrgnt, 2019. APPROVED: Tammy W rd, Mayor ORDINANCE ADDING SECTION 7-1-13 —AIR COMPRESSION BRAKES PAGE I DRAFT - AUGUST 13, 2019 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19 - An ordinance adding Meridian City Code section 7-1-13, prohibiting the use of air compression brakes; 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. 1"")II)A City f MmJo,�4 May By: ChrisClerk First Reading:'�"1 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- I k'� 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 2.2tay of G , 2019. P111liam L.M. Nary, City Attorney ORDINANCE ADDING SECTION 7-1-13 -AIR COMPRESSION BRAKES PAGE 2 EIDIANDAHO IC-- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 10 B Item Title: Ordinance No. 19-1857 An Ordinance Prohibiting Use of Handheld Wireless Devices while operating a vehicle upon a street or highway within the City of Meridian Meeting Notes: 'ebooc Iyer - MGy y- Oe- I TEM SHEET C ouncil Agenda I tem - 10.B. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Ordinance 19-1857: An Ordinance P rohibiting the Use of Handheld Wireless D evices While Operating a Vehicle Upon a S treet or Highway Within the C ity of M eridian C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 10/10/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/18/2019 - 2:22 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 776 of 793 CITY OF MERIDIAN ORDINANCE NO. S I BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-14, PROHIBITING THE USE OF HANDHELD WIRELESS DEVICES WHILE OPERATING A VEHICLE UPON A STREET OR HIGHWAY WITHIN THE CITY OF MERIDIAN; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, distracted driving adversely impacts public safety by contributing to traffic accidents, injuries, and fatalities; WHEREAS, the use of handheld wireless devices while operating a vehicle is a cause of distracted driving; and, WHEREAS, the use of handheld wireless devices while on the roadway in a vehicle on a street or highway can be a cause of road rage and distracted driving; and WHEREAS, an ordinance prohibiting the use of handheld wireless devices while operating a vehicle would reduce distracted driving and enhance public safety; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That section 7-1-14 is added to the Meridian City Code as follows: 7-1-14: USE OF HANDHELD WIRELESS DEVICES: A. PROHIBITED ACTS: It shall be unlawful to use a handheld wireless device while operating- a vehicle upon a street or highway within the City of Meridian. B. EXCEPTIONS: This provision shall not apply to the following: 1. Use of a handheld wireless device in a voice -operated mode, where the operator of the vehicle does not hold or manually perate the device, except to activate or deactivate the voice -operated function of the device. 2. Use of a navigation feature on a handheld wireless device, provided that the operator of the vehicle does not hold or manually enter information into the device, except to activate or deactivate the navigation feature on the device. 3. Use of a handheld wireless device to report an emergency to a law enforcement agency, department health care provider, or other emergency services provider. ORDINANCE ADDING SECTION 7-1-14 PAGE 1 4. Use of a handheld wireless device while the vehicle is parked off the roadway. S. Use of a handheld wireless device by a peace officer, firefi hg ter, paramedic, emergency medical technician, or other public safety first responder during the performance of that person's official duties. 6. Use of a handheld wireless device by a public utility employee or contractor actin within ithin the scope of that person's employment while responding to a public utility emergency. C. DEFINITIONS: The definitions set forth in Title 49, Chapter 1, Idaho Code shall apply to terms used in this section. Further, for purposes of this section, the following terms shall be defined as follows: Handheld Wireless Device. Any handheld or portable electronic device capable of receiving, producing displaying or providing wireless data or voice communication. "Handheld wireless device" shall not include a radio designed for the citizen band service or the amateur radio service of the Federal Communications Commission or a commercial two -Hay radio communications device. A PENALTIES: 1. Every person who violates this section shall be guilty of an infraction and punishable by a fixed penalty of $90.00 plus court costs. 2. A conviction under this section shall not result in violation point counts as prescribed in section 49-326, Idaho Code. In addition, a conviction under this section shall be deemed to a non-moving traffic violation and shall have no points assessed as prescribed by Idaho Code. E. SEVERABILITY If anyprovision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. ORDINANCE ADDING SECTION 7-1-14 PAGE 2 Qr,6 Section 3. That this ordinance shall be effective upon its passage, publication afrd j, J PASSED by the City Council of the City of Meridian, Idaho this dayof , 2019. nd APPROVED by the Mayor of the City of Meridian, Idaho, this �ay of �G 2019. APPROVED: a y e -Weerd, Mayor ORDINANCE ADDING SECTION 7-1-14 PAGE 3 to�he l ATTEST: city AUGUS l 7� O� NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19- P8 5 An ordinance adding Meridian City Code section 7-1-14, prohibiting the use of handheld electronic devices while driving a vehicle; 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. First Reading: / o "ZZ'( Adopted after first reading by suspension of the rule as allowed pursuant tVdaho Code Zor f ri § 50-902: YES NO CouncilSecond Reading:l�l ' By: Chris J son, City Clerk Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19- I 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- lc—�-% 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 A A day of eah �Z' , 2019. 6AQ / -w(. William L.M. Nary, City Attorney ORDINANCE ADDING SECTION 7-1-14 PAGE 4 ORDINANCE ADDING SECTION 7-1-14 PAGE 1 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-14, PROHIBITING THE USE OF HANDHELD WIRELESS DEVICES WHILE OPERATING A VEHICLE UPON A STREET OR HIGHWAY WITHIN THE CITY OF MERIDIAN; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, distracted driving adversely impacts public safety by contributing to traffic accidents, injuries, and fatalities; WHEREAS, the use of handheld wireless devices while operating a vehicle is a cause of distracted driving; and, WHEREAS, the use of handheld wireless devices while on the roadway in a vehicle on a street or highway can be a cause of road rage and distracted driving; and WHEREAS, an ordinance prohibiting the use of handheld wireless devices while operating a vehicle would reduce distracted driving and enhance public safety; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1 . That section 7-1-14 is added to the Meridian City Code as follows: 7-1-14: USE OF HANDHELD WIRELESS DEVICES: A. PROHIBITED ACTS: It shall be unlawful to use a handheld wireless device while operating a vehicle upon a street or highway within the City of Meridian. B. EXCEPTIONS: This provision shall not apply to the following: 1. Use of a handheld wireless device in a voice-operated mode, where the operator of the vehicle does not hold or manually operate the device, except to activate or deactivate the voice-operated function of the device. 2. Use of a navigation feature on a handheld wireless device, provided that the operator of the vehicle does not hold or manually enter information into the device, except to activate or deactivate the navigation feature on the device. 3. Use of a handheld wireless device to report an emergency to a law enforcement agency, fire department, health care provider, or other emergency services provider. Meridian City Council Meeting Agenda October 22, 2019 – Page 777 of 793 ORDINANCE ADDING SECTION 7-1-14 PAGE 2 4. Use of a handheld wireless device while the vehicle is parked off the roadway. 5. Use of a handheld wireless device by a peace officer, firefighter, paramedic, emergency medical technician, or other public safety first responder during the performance of that person’s official duties. 6. Use of a handheld wireless device by a public utility employee or contractor acting within the scope of that person’s employment while responding to a public utility emergency. C. DEFINITIONS: The definitions set forth in Title 49, Chapter 1, Idaho Code shall apply to terms used in this section. Further, for purposes of this section, the following terms shall be defined as follows: Handheld Wireless Device. Any handheld or portable electronic device capable of receiving, producing, displaying, or providing wireless data or voice communication. “Handheld wireless device” shall not include a radio designed for the citizen band service or the amateur radio service of the Federal Communications Commission or a commercial two-way radio communications device. D. PENALTIES: 1. Every person who violates this section shall be gui lty of an infraction and punishable by a fixed penalty of $90.00 plus court costs. 2. A conviction under this section shall not result in violation point counts as prescribed in section 49-326 , Idaho Code. In addition, a conviction under this section shall be deemed to a non-moving traffic violation and shall have no points assessed as prescribed by Idaho Code. E. SEVERABILITY If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Meridian City Council Meeting Agenda October 22, 2019 – Page 778 of 793 ORDINANCE ADDING SECTION 7-1-14 PAGE 3 Section 3. That this ordinance shall be effective upon its passage, publication and on _____________________. PASSED by the City Council of the City of Meridian, Idaho this ____ day of ____________, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of _____________, 2019. APPROVED: ATTEST: __________________________________ ________________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk Meridian City Council Meeting Agenda October 22, 2019 – Page 779 of 793 ORDINANCE ADDING SECTION 7-1-14 PAGE 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-_________ An ordinance adding Meridian City Code section 7-1-14, prohibiting the use of handheld electronic devices while driving a vehicle; 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: Chris Johnson, 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 October 22, 2019 – Page 780 of 793 EIDIANDAHO ?- CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 10 C Item Title: Ordinance No. 19-1858 An Ordinance for Three Corners Ranch (N-2019-0006) for Annexation of a Parcel of Land Being a Portion Of The NW '/a of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing And Determining The Land Use Zoning Classification of 31.104 Acres of Land from RUT To R-4 (Medium Low Density Residential) Zoning Districts in the Meridian City Code; Providing that Copies of this Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required by Law; And Providing for a Summary of the Ordinance; And Providing for a Waiver of the Reading Rules; And Providing an Effective Date. Meeting Notes: ��� I TEM SHEET C ouncil Agenda I tem - 10.C. Presenter: Chris J ohnson Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1858: An Ordinance (H-2019-0006 – T hree C orners Ranch) for Annexation of a Parcel of L and B eing a Portion Of T he NW ¼ of S ection 29, Township 4 North, Range 1 E ast, Boise M eridian, Ada C ounty, Idaho, as Described in Attachment “A” And Annexing C ertain Lands And Territory, Situated In Ada County, Idaho, and Adjacent and C ontiguous to the Corporate L imits of the City of M eridian as Requested by the C ity of M eridian; Establishing And D etermining T he L and Use Zoning Classification of 31.104 Acres of L and from RUT To R-4 (M edium L ow D ensity Residential) Zoning Districts in the M eridian City Code; P roviding that C opies of this Ordinance Shall Be F iled With T he Ada C ounty Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax C ommission, As Required by L aw; And P roviding for a S ummary of the Ordinance; And P roviding for a Waiver of the Reading Rules; And P roviding an E ffective Date. T hree C orners R anch Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate T hree Corners Ranch Ordinance Ordinance 10/17/2019 T hree Corners Ranch E xhibit A E xhibit 10/17/2019 T hree Corners Ranch E xhibit B E xhibit 10/17/2019 T hree Corners Ranch S ummary Ordinance 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 10/17/2019 - 3:29 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 781 of 793 ADA COUNTY RECORDER Phil McGrane 2019-106288 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/28/2019 10:43 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 19-1858 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS u, AN ORDINANCE (II -2019-0006 — THREE CORNERS RANCH) FORANNEXATION OF A PARCEL OF LAND BEING A PORTION OF THE NW 1/40F SECTION 29, TOWNSHIP 4 NORTH, RANGE LEAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY; IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISH- ING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 31.104 ACRES OF LAND FROM RUT TO R-4 (MEDIUM LOW DENSITY RESIDENTIAL) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE .CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description Herein incorporated by reference as Exhibit. "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a. written request for annexation and re -zoning by the owner of said property, to -wit: David J.' and Luane Dean. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Medium Low Density Residential) zoning district in the Meridian City Code. SECTION .3. That the City has authority pursuant. to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements.pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex :and re -zone said property. SECTION 5. That the City Engineer is.hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6., All. ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2- hd day of2019 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this STATE OF IDAHO, ) ) ss: County of Ada ) On this 212 day of (3Q , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 l/lJ NOTARY PUBLI OR ID O RESIDING AT: MY COMMISSION EXPIRES: -.ao �a ANNEXATION ORDINANCE - THREE CORNERS RANCH (H 2019-0006) Page 2 of 2 EXHIBIT A Three Corners Ranch H-2018-0006 Annexation and Zoning Legal Description Meridian City Council Meeting Agenda October 22, 2019 – Page 784 of 793 EXHIBIT A Three Corners Ranch H-2018-0006 Meridian City Council Meeting Agenda October 22, 2019 – Page 785 of 793 EXHIBIT B Three Corners Ranch H-2018-0006 Annexation and Zoning Exhibit Map Meridian City Council Meeting Agenda October 22, 2019 – Page 786 of 793 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1858 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of a parcel of land being a portion of the NW 1/4 of Section 29, Township 4 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 31.104 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 Ft Broadway Avenue, Meridian, Idaho. This ordinance shall become effecti P z'v T day of 2019. / Y / 0 4404 r' 9 CG �a V City of iBIAN& ty o ian Mayor City Council SEAL By: Chris Johnson, City Clerk FVT6R First Reading: j U -2 2- Z 01 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES X NO Second Reading: 0) q. Third Reading: ) 1.� _) STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1858 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. 19-1858 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). rd DATED this 2- day of 0CT er , 2019. b'W /. , ).,' — . " William. L.M. Nary City Attorney ORDINANCE SUMMARY - THREE CORNERS RANCH (H-2019-0006) EIDIANC-- � J CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 10 D Item Title: Ordinance No. 19-1859 An Ordinance for Silver Springs Subdivision (H-2019-0058) For Annexation Of A Parcel Of Land Situate In The North One -Half Of The Northeast Quarter Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 5.19 Acres Of Land From RUT To R-4 (Medium Low Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 10.D. Presenter: Chris J ohnson Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1859: An Ordinance (H-2019-0058 – S ilver Springs Subdivision) F or Annexation O f A P arcel Of L and Situate In T he North O ne-Half Of T he Northeast Quarter Of Section 31, Township 4 North, Range 1 East, Boise M eridian, Ada C ounty, Idaho, As Described In Attachment “A” And Annexing Cer tain L ands And Territory, Situated In Ada C ounty, Idaho, And Adjacent And Contiguous To T he Corporate L imits Of T he C ity Of M eridian As Requested By T he C ity Of M eridian; E stablishing And Determining T he L and Use Zoning Classification Of 5.19 Acres Of L and From RUT To R-4 (M edium L ow D ensity Residential) Zoning District In T he M eridian City Code; P roviding T hat C opies Of T his Ordinance Shall Be Filed With T he Ada C ounty Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax Commission, As Required B y Law; And P roviding F or A Summary Of T he Ordinance; And P roviding F or A Waiver Of T he Reading Rules; And Providing An Effective D ate. Silver S prings A nnexation Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S ilver Springs Annexation Ordinance Ordinance 10/17/2019 S ilver Springs E xhibit A E xhibit 10/17/2019 S ilver Springs E xhibit B E xhibit 10/17/2019 S ilver Springs S ummary Ordinance 10/17/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 10/18/2019 - 2:22 P M Meridian City Council Meeting Agenda October 22, 2019 – Page 788 of 793 CITY OF MERIDIAN ORDINANCE NO. 19-1859 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2019-0058 — SILVER SPRINGS SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND SITUATE IN THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 5.19 ACRES OF LAND FROM RUT TO R-4 (MEDIUM LOW DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Leigh & Donna Brinkerhoff; Todd Campbell Construction, Inc. & Boos Homes; Inc.; Boyd Hill; and David .Meyers SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Medium Low Density Residential) and zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ADA COUNTY RECORDER Phil McGrane 2019-104975 BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/24/2019 12:28 PM CITY OF MERIDIAN, IDAHO NO FEE ANNEXATION ORDINANCE — SILVER SPRINGS SUBDIVISION (H 2019-0058) Meridian City Council Meeting Agenda October 22, 2019 — Page 789 of 793 Page 1 of 2 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2-22-1 day of (c�bbelr '12019 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this � � day of OC�Ober , 2019. MAYOR T Y de WEERD ATTEST: awfoi�t SPAL !'TT12 C L 15 A' & S City d__FVT!TfT. STATE OF IDAHO, ) ss: County of Ada nn ff�� ) On thisZ day of 4 .Y , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above CHARLENE WAY AI�OMMISSION #67390 NOTARY PUBLIC TAYG UBLIC F R IDA ylvcu�� �h STATE OF IDAHO RESIDINMY COMMISSION EXPIRES jj_�'0�.�— MY COMMISSION EXPIRES 3/28122 ANNEXATION ORDINANCE — SILVER SPRINGS SUBDIVISION (H 2019-0058) Page 2 of 2 Meridian City Council Meeting Agenda October 22, 2019 – Page 791 of 793 EXHIBIT B Meridian City Council Meeting Agenda October 22, 2019 – Page 792 of 793 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1859 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance (H-2019-0058 Silver Springs Subdivision) For Annexation of a parcel of land situate in the north one-half of the northeast quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 5.19 Acres of Land from RUT to R-4 (Medium Low Density Residential) Zoning District In The Meridian City Code. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit °B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of we , 2019. 4ID D AUG ? A�111 ;IL�I,SATI~ O e ldian �H )� Mayor d City Council 9s SEAL By: C is Johnson, City Clerk Bq Orhe TFtl�'� First Reading: 10 -2 -2 - Adopted D -ZZ -Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES k NO Second Reading: N ll_� Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1859 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. 19-1859 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). rr/ DATED this lW day of G6 , 2019. 0AY Z .J William. L.M. Nary City Attorney ORDINANCE SUMMARY — Silver Springs Subdivision (H-2019-0058) E IDIA DAHO CITY COUNCIL REGULAR MEETING AGENDA October 22, 2019 Agenda Item Number: 11 Item Title: Future Meeting Topics Meeting Notes: