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2020-03-24 Regular-Work CITY COUNCIL REGULAR MEETING MINUTES .��WE IIN ity Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, March 24, 2020 at 6:00 PM Item 1 : Roll-Call Attendance X Liz Strader Joe Borton X Brad Hoaglun _X Treg Bernt X Jessica Perreault X Luke Cavener X Mayor Robert E.Simison Item 2: Pledge of Allegiance Item 3: Community Invocation with Justin Jordan of Real Life Ministries Item 4: Adoption of Agenda — Adopted as Amended (5-H, 7-13) Item 5: Consent Agenda [Action Item] — Approved as Amended A. Approve Minutes of March 10, 2020 City Council Work Session B. Approve Minutes of March 10, 2020 City Council Regular Meeting C. Owyhee High School Sanitary Sewer Main Easement D. Permanent Easement Contract Between James Court Investors, LLC and the City of Meridian Regarding James Court Sidewalk Widening, Five Mile Pathway Connection (Parcel #R7039001066) for a Not-to-Exceed Amount of $21,127.26 E. Final Plat for Prevail No. 1 (H-2020-0020) by Schultz Development, Located Approximately 1/2 Mile South of E. Amity Rd., East of S. Meridian Rd. F. Final Plat for Prevail No. 2 (H-2020-0021) by Schultz Development, Located approximately 1/2 Mile South of E. Amity Rd., East of S. Meridian Rd. G. Final Plat for Timberline No. 2 (H-2020-0008) by Bailey Investments, LLC, Located at 655 and 735 W. Victory Rd. H. Resolution No. 20-2194: A Resolution Approving the Retirement of Meridian Police Department Police Canine "Randy"; and "Dory" And To Declare Subject Canine Surplus Property Of Nominal Value; And To Authorize The Mayor Of The City Of Meridian To Donate Such Property By Transferring Ownership Of Subject Canine "Randy" To His Handler, Meridian Police Department K-9 Officer Rick Lee I. Resolution 20-2196: A Resolution Of The City Council Of The City Of Meridian, Idaho, Setting Forth Certain Findings To Declare Surplus Property And Authorizing The Purchasing Manager Of The City Of Meridian To Dispose Of Certain Bricks And Pavers Pursuant To The City Purchasing Policy J. Resolution No. 20-2197: A Resolution for the Vacation of Plat Note Number 7 on Mystery View Subdivision (PFP-01-005) Plat Map Restricting Lot 2, Block 1 to single-story buildings only, Located Approximately '/z Mile South of E. Franklin Road on West Side of S. Eagle Road in the City of Meridian, Ada County, State of Idaho. K. Approval of the Agreement for Change in Point of Liability for Maintenance of Private Sewer User Infrastructure in the Public Right-of-Way with City Center Redevelopment, LLC for the Main2Meridian Development L. Purchase and Sale Agreement between Naomi Investments LP (Seller) and City of Meridian (buyer) for 40 acres of real property on Ten Mile Rd. near Ustick Rd. for WWRF expansion M. AP Invoices for Payment - 03/18/20 - $64,404.84 N. AP Invoices for Payment - 03/25/20 - $1,152,341.45 Item 6: Future Meeting Topics Item 7: Action Items A. Item to be considered no earlier than 6:05 pm: Public Hearing Continued from March 10, 2020 for Sky Mesa Highlands (H- 2019-0123) by HHS Construction, LLC, Located at the NW Corner of S. Eagle Rd. and E. Lake Hazel Rd. - Approved 1 . Request: Annexation of 31 .96 acres of land with an R-4 zoning district; and 2. Request: Preliminary plat consisting of 75 building lots, 11 common lots and 2 other lots on 30.6 acres of land in the proposed R-4 zoning district. B. Item to be considered no earlier than 6:30 pm: Public Hearing for Allmon Subdivision (H-2019-0135) by Todd Campbell Construction, Inc., Located at 5885 & 5875 N. Locust Grove Rd. - Approved 1 . Request: Annexation of 10.03 acres of land with an R-8 zoning district; and 2. Request: A Preliminary Plat consisting of 50 building lots and 7 common lots on 9.91 acres of land in the R-8 zoning district. C. Item to be considered no earlier than 7:00 pm: Public Hearing for Frazier Council Review (H-2020-0011) by Nick Frazier, Located at 5343 N. Maplestone Ave. — Approved, Council Overturns Directors Decision. Council Directs Refund of $692 to N. Frazier (Appellant) 1 . Request: Council Review of Director's approval of an Accessory Use for Daycare, Family (A-2019-0388) D. [Amended on to Agenda] Council Discussion Re: Process for Public Meetings During Social Distancing Order Item 8: Future Meeting Topics Meeting Adjourned at 9:47 pm Meridian City Council March 24, 2020. A Meeting of the Meridian City Council was called to order at 6.00 p.m., Tuesday, March 24, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton. Also present: Chris Johnson, Bill Nary, Caleb Hood, Sonya Allen, Warren Stewart, Jeff Brown, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: _X_ Liz Strader (phone) Joe Borton _X_ Brad Hoaglun _X_Treg Bernt (phone) _X_ Jessica Perreault (phone) _X_ Luke Cavener _X_ Mayor Robert E. Simison Simison: We will call this meeting to order. For the record is Tuesday, March 24th, 2020. It's 6.01 p.m. We will begin this meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Item No. 2, the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation with Justin Jordan of Real Life Ministries Simison: Item No. 3 is the community invocation. Do we see Mr. Jordan in the lobby? Item 4: Adoption of Agenda Simison: Okay. Then we will go ahead and move on to Item 4, adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We do have an addition -- a couple of additions possibly for tonight. On the Consent Agenda we want to amend 5-H, which is Resolution No. 20-2194, resolution approving the retirement and Police Department police canine Randy and we want to include the canine Dory as well. Meridian City Council March 24,2020 Page 2 of 72 Perreault: Mr. Mayor, this is Jessica. Was role already called? Simison: It was, but we will mark you as being on -- on the call. Perreault: Thank you. Hoaglun: And, Mr. Mayor, if I might, as Council Woman Perreault, we are at the adoption of the agenda and we just amended the Consent Agenda on 5-H to include canine Dory in that. Do we have any other additions for our agenda this evening, Councilman Perreault? Perreault: None from me. Simison: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Council Member Hoaglun, I guess I would like to amend ourAction Item agenda to create I guess a 7-A-1, an opportunity for the Council to discuss meeting structure and format in light of these recent changes before we take the three action items. Hoaglun: So, Mr. Mayor -- Simison: May I ask Mr. Nary -- Mr. Nary, where is the right place to -- for this item to be considered? Nary: So, Mr. Mayor, to add -- Members of the Council, Councilman Cavener. So, to add an item once the meeting has started Idaho Code 74-2044(c) says an agenda may be amended after the start of a meeting upon a motion that states the reason for the amendment and states a good faith reason the agenda item was not included in the original -- original agenda posting. If you are going to take action, then, also that has to -- on that agenda item added after the start of the meeting an emergency has to be declared necessitating action at that meeting. Emergency is defined in a different section of the Code 74-2042, that says an emergency is a situation involving injury or damage to persons or property or immediate financial loss or the likelihood of such injury, damage, or loss when the notice requirements of this section would make such notice impractical or increase the likelihood or severity of such injury, damage, loss and the reason the emergency is stated at the outset. So, Council has to find that the emergency is something that could cause immediate loss of property, person or financial -- financial loss. If you find that you can have it as both a discussion item and an action item. To do it in -- to do it in front of the hearings -- I just want to be cautious that the hearants still have a right to be heard and they have a right to have their case reviewed by you, heard by you, and a decision by this body if you are able to reach a decision, so as long as we keep that part in mind. Meridian City Council March 24,2020 Page 3 of 72 Hoaglun: Mr. Mayor -- if I might inquire of Councilman Cavener. Simison: Councilman Hoaglun. Hoaglun: Would this be -- I know we are dealing with something unprecedented here and it creates a unique situation that hope we don't ever have to deal with again, but is this part of -- would it be a discussion for future meetings? I'm listening to our legal counsel here we will have to do something on -- on the action items tonight and, then, we have a discussion for future meetings about how we go about that business? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Council Member Hoaglun, I think it's -- I think it's a fair question. For me, whether we are discussing it before these three action items or after is somewhat irrelevant, because the --to Mr. Nary's point, anything that's noticed thus far we are going to have before us, but I guess I also feel that it would be beneficial to the applicants to also be able to hear from the Council should they have to leave after their -- their item, that they have the opportunity to hear about this before their items are heard. And I don't -- and, again, Mr. Mayor, Council Member Hoaglun, if the rest of the Council is supportive of us putting this at the end or not hearing this at all, I'm also okay with that. To your point, this -- this is the uncharted waters and when I had learned that most of us were going to be taking the meeting from home that to me -- like, oh, we are going to have to kind of change how we are doing things and I thought that to me is what necessitated at least having that conversation, one, on the record with the public about the changes that we are going to maybe make structurally and how that could also potentially impact the public hearing process. Strader: Mr. Mayor, Liz. Simison: So -- before we go too much further, we kind of have a motion to amend the agenda. I have not officially heard a second and I have not officially heard the first agree to -- I want to at least get us into the proper format for considering this item. Do I have -- does the first agree for purpose of discussion in terms of the second? Hoaglun: Mr. Mayor, yes, I would agree for purpose of the discussion that -- to figure out where -- where we need to include another item for discussion. Simison: Okay. So, have a motion and a second regarding where we are right now with -- on this topic. So, with that -- I think that was Council Woman Strader. Strader: I was just going to second the motion. Simison: Okay. So -- so, we -- we do have a second. Is there any further discussion on the motion, which right now is amending the Consent Agenda and, then, adding an Item Meridian City Council March 24,2020 Page 4 of 72 7-A -- I mean, essentially, it's a 7-A, which makes all the public hearings B, C, and D is how I would interpret the motion. Would people like to have this -- a conversation before or after the public hearings? Hoaglun: And, Mr. Mayor, just to -- yeah, just for adoption of the agenda, not just the Consent Agenda right now. Simison: Correct. Yes. It's the full thing. Hoaglun: Okay. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I was under the impression that we were going to add this as Item 7-D, so we would hear this after the three applicants were finished with their presentation this evening. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I would be fine with that. Just checking in with legal counsel, is that acceptable to do a 7-D, as opposed to an 8-A? Nary: Yes. I think -- I think 7-D is fine. Again, if it's not intended to be an action item and just a discussion item, then, it can be eight as well, so -- it really is what -- I don't know what direction you are looking for. If you are going to want to vote on it, then, it needs to be in the action section. If you're not it could be in the other. Simison: So, with that I'm going to turn to the -- to the motion maker who was amended with a second to get direction from the two of you on where you would like to have the conversation and modify the motion or move it forward. Hoaglun: Mr. Mayor, I think in -- in the possibility that there might be an action taken from -- from our discussion -- I don't know that, but to preserve that option I think it makes sense to place that item as 7-D on our agenda and so I would do a substitute to my amendment -- anyway, we won't get into that. But my motion would be to move adoption of the agenda with amendments to 5-H to canine Dory and to add Items 7-D for discussion of-- of pending future Council meetings and topics that come before us in -- in light of the revised way that we are doing business. Simison: Does the other Council Member who proposed this item agree with the 7-D conversation? Meridian City Council March 24,2020 Page 5 of 72 Cavener: I will agree. I will second that. Simison: Okay. So, we have a motion and a second to add an item 7-D in addition to the Consent Agenda modifications. Any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. Motion is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda [Action Item] A. Approve Minutes of March 10, 2020 City Council Work Session B. Approve Minutes of March 10, 2020 City Council Regular Meeting C. Owyhee High School Sanitary Sewer Main Easement D. Permanent Easement Contract Between James Court Investors, LLC and the City of Meridian Regarding James Court Sidewalk Widening, Five Mile Pathway Connection (Parcel # R7039001066) for a Not-to-Exceed Amount of $21,127.26 E. Final Plat for Prevail No. 1 (H-2020-0020) by Schultz Development, Located Approximately 1/2 Mile South of E. Amity Rd., East of S. Meridian Rd. F. Final Plat for Prevail No. 2 (H-2020-0021) by Schultz Development, Located approximately 1/ 2 Mile South of E. Amity Rd., East of S. Meridian Rd. G. Final Plat for Timberline No. 2 (H-2020-0008) by Bailey Investments, LLC, Located at 655 and 735 W. Victory Rd. H. Resolution No. 20-2194:A Resolution Approving the Retirement of Meridian Police Department Police Canine "Randy"; and "Dory"And To Declare Subject Canine Surplus Property Of Nominal Value; And To Authorize The Mayor Of The City Of Meridian To Donate Such Property By Transferring Ownership Of Subject Canine "Randy" To His Handler, Meridian Police Department K- 9 Officer Rick Lee I. Resolution 20- 2196: A Resolution Of The City Council Of The City Of Meridian, Idaho, Setting Forth Certain Findings To Declare Surplus Property And Authorizing The Purchasing Manager Of The City Of Meridian To Dispose Of Certain Bricks And Pavers Pursuant To The City Purchasing Policy Meridian City Council March 24,2020 Page 6 of 72 J. Resolution No. 20-2197: A Resolution for the Vacation of Plat Note Number 7 on Mystery View Subdivision (PFP-01-005) Plat Map Restricting Lot 2, Block 1 to single-story buildings only, Located Approximately 1/2 Mile South of E. Franklin Road on West Side of S. Eagle Road in the City of Meridian, Ada County, State of Idaho. K. Approval of the Agreement for Change in Point of Liability for Maintenance of Private Sewer User Infrastructure in the Public Right-of-Way with City Center Redevelopment, LLC for the Main2Meridian Development L. Purchase and Sale Agreement between Naomi Investments LP (Seller) and City of Meridian (buyer) for 40 acres of real property on Ten Mile Rd. near Ustick Rd. for WWRF expansion M. AP Invoices for Payment - 03/18/20 - $64,404.84 N. AP Invoices for Payment - 03/25/20 - $1,152,341.45 Simison: So, next item is Item 5. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: As noted we have amended the Consent Agenda to include under 5-H, Resolution No. 20-2194 to include canine Dory in that recognition and resolution of property. I would move that we approve the Consent Agenda and the Mayor to sign and Clerk to attest. Cavener: Second. Simison: I have a motion and a second to approve the Consent Agenda as amended. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. The Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Future Meeting Topics Simison: Mr. Clerk, were there any sign-ups under future meeting topics? Johnson: Mr. Mayor, there were not. Meridian City Council March 24,2020 Page 7 of 72 Item 7: Action Items A. Item to be considered no earlier than 6: 05 pm: Public Hearing Continued from March 10, 2020 for Sky Mesa Highlands (H-2019- 0123) by HHS Construction, LLC, Located at the NW Corner of S. Eagle Rd. and E. Lake Hazel Rd. 1. Request: Annexation of 31.96 acres of land with an R-4 zoning district; and 2. Request: Preliminary plat consisting of 75 building lots, 11 common lots and 2 other lots on 30. 6 acres of land in the proposed R- 4 zoning district. Simison: Okay. Thank you. Then we will move into Item 7-A, which is a public hearing continued from March 10th, 2020, for Sky Mesa Highlands, H-2019-0123, and I will turn this over for staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Okay. Here we go. It just popped up. I -- I wasn't able to see the presentation, but it just popped up. We are good. Sorry to interrupt you. Simison: Okay. Continue. Thank you. Allen- Thank you, Mr. Mayor, Members of the Council. The first applications before you tonight are a request for annexation, zoning, and a preliminary plat. This site consists of 30.6 acres of land. It's zoned RUT in Ada county and is located at the northwest corner of South Eagle Road and East Lake Hazel Road. The Comprehensive Plan future land use map designation is low density residential, which calls for three or fewer units per acre. The applicant is requesting annexation of 31.96 acres of land with an R-4 zoning district for the development of 74 new single family residential detached homes at a gross density of 2.45 units per acre, consistent with the low density residential future land use map designation. There is an existing home and accessory structures on this site that are proposed to remain on a lot in the proposed subdivision and that is this large lot right here, if you can see my pointer. A preliminary plat is proposed as shown that consists of 75 buildable lots, 11 common lots, and two other lots on 30.6 acres of land. Originally the plat was planned to develop in one phase, but is now proposed to develop in two phases as shown on the phasing plan on the right. The average lot size in the development is -- excuse me -- 11 000 square feet, with a minimum lot size of 8,000 square feet. Access is proposed via the extension of stub streets to the north in Sky Mesa Subdivision via East Taconic Drive. An emergency access only is proposed via Eagle Road and that is Meridian City Council March 24,2020 Page 8 of 72 in the location they are depicted on the plat. The applicant is seeking a waiver from City Council to UDC 11-3-A-3A3 for the access driveway via Eagle Road for the existing home to remain until such time as the property redevelops. At such time access would be taken internally from within the subdivision via a common driveway and the access would be closed. A 25 foot wide landscape street buffer and detached sidewalk is required along Eagle and Lake Hazel Roads. Staff is recommending the buffer and sidewalk is extended across the frontage of a lot adjacent to Eagle Road in a common lot where the existing home was proposed to remain, except for the area where the driveway is located if Council approves a waiver for the access to remain. And, again, that is this lot right here. A minimum of ten percent qualified open space and one site amenity is required to be provided within this development. A total of 6.55 acres or 21 percent of qualified open space, consisting of half the street buffer along Eagle and Lake Hazel Roads, eight foot wide parkways along internal streets and common areas over 50 feet by 100 feet in area are proposed in excess of UDC standards. A large part of the common area includes two areas with significant slopes that are proposed to be landscaped in accord with UDC standards to count toward the qualified open space standards. This development is proposed to be included in the Sky Mesa Homeowners Association and will be granted access to all amenities in that development, consisting of two swimming pools and clubhouses, sports fields, which consists of a ball field, basketball court, walking paths, playground structure and a swing set. The distance to these amenities range from 950 to 2,400 feet away from the northwest corner of this development. Because this will, essentially, be under another phase -- excuse me -- will be another phase of Sky Mesa and amenities were provided above the minimum standards for that development, staff is amenable to the applicant's request. The Grimmett Lateral runs along the west and north boundaries of this site as shown within a 30 foot wide irrigation easement that is proposed to remain open on the west side and be piped on the north side and be located within common lots. Fencing is proposed along the east side of the easement line, abutting building lots for safety. Just a side note. The original plat did show the Grimmett Lateral in an easement, rather than a common lot. The applicant's submitted revised plat and landscape plan that shows this in a common lot now. The UDC requires all laterals to be piped, unless used as a water amenity or linear open space as defined by the UDC. The applicant is requesting Council approval of a waiver to this requirement to leave the lateral open along the west boundary of this site. Conceptual building elevations were submitted that demonstrate the architecture and building materials for single and two story structures proposed within the development that include a mix of materials and colors with stone veneer wainscot. Because all the proposed units are detached, they are not subject to design review. The Commission recommended approval of this project and I will go through a summary of the Commission hearing. Todd Tucker, the applicant's representative, testified in favor of the application, along with Travis Hunter. No one testified in opposition. Sherri Ewing commented. Written testimony was received from Rick Thurber and Todd Tucker. Key issues of public testimony. Mr. Thurber requests a proposed irrigation system which will replace the current one. Has at least 60 psi to operate a sprinkler system, instead of the 52 psi proposed and that home constructed on lots directly north of his boundary be restricted to a single story in height so as not to obstruct his views and, similarly, trees that are planted be of a variety that they won't grow tall to obstruct his views. Mrs. Ewing requested information on who will maintain their Meridian City Council March 24,2020 Page 9 of 72 irrigation system, what type of landscaping will be installed along the south boundary of that element adjacent to her home, and how many feet from her back fence line to the road that is proposed below the hill from them. The applicant responded to these issues as follows: The purchase and sale agreements of homes adjacent to the street at the southern boundary of the development will have a scenic easement restricting the height of roofs of homes almost that are proposed there to at least five feet below the ground elevation of Mr. Cantrell's property, which is roughly the same height as the other lots adjacent to him to the east and west to protect views and this is a line of sight exhibit that the applicant submitted demonstrating that. Landscaping in the common area along the southern boundary of the site will consist of a dry land seed mix and will contain trees in accord with UDC standards, one per 8,000 square feet, that will be planted at the base and bottom of the slope, so as not to interfere with views. The developer agrees to provide an irrigation system with at least 60 psi as requested. The distance from the back of the homes along Lake Hazel to the street, i.e., the slope along the southern boundary of this development is approximately 60 feet, which was right of way -- 50 feet is approximately 110 feet to the homes. Following are the key issues of discussion by the Commission. Implications on adjacent buildable lots if the Grimmett Lateral is allowed to remain open or be piped in an easement on buildable lots versus being placed in a common lot and improved as a water amenity and, then, as I mentioned that is no longer applicable. The applicant is proposing common lots where the lateral is located. A future redevelopment and access of the lot where the existing home was proposed to remain. Continuance of the pathway in the central common area to the street on the west end. The applicant requests to remove the pathway from the central common area. The Commission liked the pathway. I'm not sure that the applicant is -- they are good with that now. They aren't requesting removal of that any longer. The type of fencing adjacent to the central common pathway on Lot 14, Block 3, and, finally, the retention of the existing access via Eagle Road for the existing home proposed to remain. The Commission did make some changes to the staff recommendation. There are some changes and some comments and I will run through those real quick. In response to the applicant's request to remove the pathway -- let's see -- non-issues. Excuse me. We will just go -- bypass that. The Commission directed the applicant to work with staff on the type of fencing to be constructed adjacent to the common area on Lot 14, Block 3, and that is this common area right here that we are talking about and the applicant is proposing four foot solid fencing with two foot open vision at the top in accord with UDC standards. The Commission directed the applicant to work with ACHD and Fire Department to resolve concerns with traffic and secondary accesses and phasing. A revised phasing plan was submitted, which depicts a secondary emergency access that has been approved by the Fire Department and that did not affect any changes to the conditions. The Commission recommends Council not require the Grimmett Lateral to be piped as requested by the applicant and that the applicant work with staff and the irrigation district on landscaping possibilities or potential water features there. The applicant contacted the irrigation district and the only landscaping that they will allow within the easement is grass. They requested that a DA provision be included requiring a scenic easement for homes on Lots 15, though 27, Block 3, to be five feet below the ground elevation of Mr. Cantrell's and neighboring homes adjacent to the southern boundary of the site on Lake Hazel Road. It included a new condition for trees planted within the common lot on Lot 10, Block 1, to be Meridian City Council March 24,2020 Page 10 of 72 planted at the base of the slope and they included a development agreement provision requiring an irrigation system with at least 60 psi for the property owners to the south along at Lake Hazel Road. There is only one outstanding issue for Council tonight, the applicant's request for a waiver for -- to UDC 11-3A-6133, which requires the waterway along the west boundary of the site to be piped, unless used as a water amenity or linear open space as defined by the UDC to leave the waterway open. Council may grant a waiver if it finds a public purpose requiring such will not be served and public safety can be preserved and the Commission did recommend Council approve the applicant's request for a waiver. And, then, actually, there is one more item for Council and that is the request for a waiver for access for the existing home to retain their access from Eagle Road. There has been some written testimony since the Commission hearing from the Southern Rim Coalition. They had the following comments: A large portion of the qualified open space is unusable slope area. They request these areas not be counted towards the minimum open space standard and a green space adequate for recreational activities is provided. They are concerned pertaining to the native grasses on the slope between homes on Lot 14 and who would be responsible for trimming and weed prevention. Concern pertaining to fire hazard if not properly maintained and less than desirable Fire Department response times to the site. And, finally, the need for protection of the viewsheds and property values of the homes on large estate lot -- properties at the southern end of the development area. Staff will stand for any questions. Simison: Thank you, Sonya. Are there any questions for staff at this time? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for Sonya. I just want to make sure I understand the minimum ten percent qualified open space issue and with that large sloped area is there proposed to be landscape in accordance with UDC standards to count for the qualified open space standards. So, if it's a -- a slope -- it sounds like it's fairly steep, as long as it's grassed or something done with it it does qualify or can you -- Allen: Yes. Mr. Mayor, Councilman Hoaglun, as long as it meets the minimum dimensional standards, which is 50 by 100 at least in area, and it's planted in accord with UDC standards, grassed and one tree for 8,000 square feet, it does count. There are no -- code doesn't speak to slopes in that section of code. Hoaglun: Okay. Thank you. Simison: Are there other questions for staff at this time? If not, the applicant will -- Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council March 24,2020 Page 11 of 72 Strader: Sorry. Can you hear me? I apologize. Sonya, could you walk us through the logic of the previous phase of this development, what was the space and amenities provided that gave staff comfort in approving this one with -- you know, obviously, not an ideal qualified open space and -- and it sounded like they had gone over the minimum in that property and if you could just go through that real quick. Simison: I believe what she was asking was tying in the amenities to the other parts of Sky Mesa that are being applied towards this project and what those are. Am I hearing you correctly, Council Woman Strader? Strader: Yes. Simison: Okay. Strader: Yes. Thank you. That was much -- much better than I put it. Allen- Mr. Mayor, Council Woman Strader, were you asking which amenities are proposed -- are already provided in Sky Mesa to the north that will be shared by this development? So, as I -- as I stated in my presentation, if-- if you can see the slide before you, there is a swimming pool, a clubhouse, ball field, playground -- swimming pool, clubhouse, basketball court, ball field, swing set. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, how much do they exceed the requirements by on the first phase, if you could just break down, you know, is there five amenities required and they provide -- how much did they exceed it by? Between the two properties do they equal our requirements or exceed it? Allen- Mr. Mayor, Council Woman Strader, short answer is they comply with our UDC standards. Both projects do. This project is required to provide a minimum of one site amenity and, then, Sky Mesa to the north had amenities in excess of UDC -- UDC standards. So, both projects would, stand alone, comply with the amenity and open space requirements. Did that answer your question? Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: And so if you remove the sloped piece of the open space do we know what the percentage of open space would be that is actually usable? Meridian City Council March 24,2020 Page 12 of 72 Allen: Mr. Mayor, Council Woman Strader, I can't answer that. The applicant can probably answer that. With that area it was 21 percent. Hopefully they can respond to that in their presentation. Strader: Thank you. Simison: Sonya, just a question kind of following up on that point. If the amenities from the other two are being calculated -- or being somewhat brought into the consideration, is the open space from those two also being part of that conversation or does the number you just provided stand alone for this property? Allen- Mr. Mayor, Council, the number I just provided is standalone for this project. Simison: Okay. Any idea on the other two? And maybe the applicant can address the other two open spaces in each of those properties. If we considering -- if we are somewhat considering these all one, at least that would give an apples-to-apples comparison perhaps for Council. Allen- Mr. Mayor, Council, I -- I don't know the exact calcs. I know they are also exceeding UDC standards. The applicant could probably address that. Simison: Are there any other questions for staff at this point in time? Okay. If the applicant could, please, come forward. State your name and address for the record when you are there. Hoaglun: Mr. Mayor, as -- as he is approaching I might add that we need everyone who speaks tonight to speak directly into the microphone. It's one of those unique things where you got people off site and people want to --want to hear, so just --just a reminder. Thank you. Tucker: All right. Good evening, Mr. Mayor and Council Members. My name Todd Tucker and I represent the developer of this property. Our business address is 729 South Bridgeway Place in Eagle, Idaho. 83616. We are pleased to present these applications tonight and we just wanted to thank your staff, specifically Sonya, for all of her hard work on this application and -- and for everyone else at the city, specifically the City Council for allowing this hearing to go on tonight as well. As Sonya noted, we are requesting annexation with the zoning of R-4 and there is an associated preliminary plat application for a residential subdivision with 75 detached single family lots. Sonya did a good job of covering the annexation and rezone request, so I will skip to the preliminary plat and a few items we wanted to discuss regarding some of the conditions of approval. This image shows the proposed subdivision will fit in with the surrounding development. The total size of the subdivision is 30.5 acres. There will be 75 residential lots and one of those is currently improved with a home and accessory buildings. There are ten common lots with approximately 6.5 acres of qualified open space, which is approximately 21.5 percent of the subdivision. The average lot size is just under 11,000 square feet. To try to answer some of the questions that Council Member Strader had earlier, as far as the -- if-- if the Meridian City Council March 24,2020 Page 13 of 72 slope areas were removed from the calculation -- I don't have that number off the top of my head what it would drop it to, but it -- I think it's not quite ten percent, but it's really close to being ten percent. But what we are providing is 21.5 percent, which is 11 and a half percent over what's required and although those areas are sloped, we are providing a walking path on the middle one that will be flat that people can use to walk on to get through the development. So, there will be a pedestrian path in one of those areas at the bottom that's a little bit flatter and as far as some of the discussion about the open space and the rest of Sky Mesa, we don't have that information as far as total acreage of open space in the rest of Sky Mesa. We didn't really do that calculation or plan on providing that information for this, because what we are proposing in this subdivision complies with the development code and in standalone on its own it complies with that -- those standards. So, hopefully, that answers some of the questions that you had. But, again, we are providing 11 and a half percent over what the minimum standard is, even though some of that isn't a slope, part of that is -- is usable as well. The average lot size is just under 11,000 square feet. Here are a few examples of the types of homes that we will be constructing within the subdivision. As you can see on this map this goes into more of the discussion of the amenities. The Sky Mesa Highland Subdivision is outlined in red. The other phases of Sky Mesa project are outlined in blue. Those phases have already been approved and mostly developed. The amenities have been installed. Two parcels highlighted in green are large community amenities that have already been constructed. Since Sky Mesa Highlands is a -- is another phase of the Sky Mesa development, all of the residents within Sky Mesa Highlands will be able to use the amenities in the rest of Sky Mesa. Here is a few shots of what those amenities look like. Sonya mentioned it, but I will go over it again. There is two swimming pools with two clubhouses, playground equipment, open fields that can be used for playing soccer, football, other -- other ball fields. There are -- there is a basketball court and swing set and all of these amenities are within walking distance from the Sky Mesa Highlands Subdivision. There are really just three conditions that we have concern with and would like to provide some alternative language that would allow the development to continue forward, while still protecting the city's interest. Those issues are maintaining the existing access onto Eagle Road for the existing home. Building height in the scenic easement and the Grimmett Lateral remaining open along the western boundary of the subdivision. The first item is a requirement to remove the existing access to Eagle Road for Lot 29, Block 1. This is an existing parcel of land that's improved with a home and a few accessory buildings. There are no changes proposed to the property at this time and the owner of the property needs to keep the existing access onto Eagle Road for the functionality of the property and the residents that live in the home. The photos on the left show what the property looks like from the street and the image on the right is an aerial photo. Just wanted to point out there is a condition of approval that we extend the sidewalk in front of this home and the landscape buffer and we are --we are willing to do that and just exclude it from the areas where the existing drive aisles meet or come onto Eagle Road. So, we are -- we are -- we are good with that and our -- our landscape plan reflects that -- reflects that change. I do have Travis Hunter with me here to discuss the importance of keeping the access onto Eagle Road open, so I will allow a few minutes for his -- him to address that issue. Simison: Thank you. If you could state your name and address for the record. Meridian City Council March 24,2020 Page 14 of 72 Hunter: Yeah. My name is Travis Hunter with the applicant and our address is 729 South Bridgeway Place in Eagle. Yeah. Good evening, again, Mr. Mayor and Council Members, and thanks for hearing us in this time right now. So, just the background on this parcel. This parcel that we are requesting a waiver on is a one acre lot with a single family home, accompanied by three other outbuildings. It's occupied by long-term tenants and is owned by the family trust of which the seller is a member. When we originally submitted our application we did not include this parcel, as we are not purchasing it, we are not developing it, nor do we control it. This property is not owned by the same entity as the seller. It has a separate parcel number and is taxed separately than the parcel we are purchasing. Staff advised us that the process requires us to include this parcel in the application, because when the parcel was subdivided I believe in 1984'ish it was not part of a formal application with the local government. So, at that point we went back to the seller and told him that we needed to include this parcel in the application. He became concerned that if we included this parcel in the application that it would lose access to Eagle Road. We, then, went back to staff and asked them if this parcel would be required to eliminate its access from Eagle Road and staff informed us that the decision was not up to them, but it was up to you guys if you were willing to grant a waiver on this or not. As they are long-term older tenants in this home and the property and the buildings would lose their function if the access to Eagle Road was eliminated, the seller had us write a contingency into the purchase stating that if access to this parcel from Eagle Road was required to be removed he could nullify the sale. So, we have discussed this issue with ACHD and ACHD has agreed that this parcel can retain access to Eagle Road until the time at which it redevelops. No neighbors, nor any other party that we have talked to have been opposed to this property maintaining its access to Eagle Road. Anyway -- so, this item -- it's a -- it's -- it's a deal breaker for us and we would greatly appreciate the help of the City Council in granting us this waiver. Tucker: The next item to discuss is the scenic easement and the additional language the Planning and Zoning Commission added to create a condition of approval. We have an agreement with Mr. Cantrell, who currently owns the property, that the peaks of our homes will be a minimum of five feet below the pad elevation of his home. The Planning and Zoning Commission added language that would require the peaks of the homes be five feet -- be five feet below not just Mr. Cantrell's home, but all of the three adjacent neighbors. We are in agreement that the view -- that their views need to be protected also. However, we have a very tight grading plan that will need to be altered if we apply that same standard to Mr. Cantrell's neighbors. As such we would like to offer an amendment to the condition that would still require the peaks be a minimum of five feet below Mr. Cantrell's pad, but would only require the homes be no higher than the neighbor's pads and I have provided an illustration here on the screen. You can see that the --the -- blue dashed line is the pad elevation of the neighbors homes and the roofs of our homes would not go above that line. The red line is the line of sight of an average height person standing on the pad and you can see that they see over the homes. I would also like to point out that there is quite a bit of distance between the backs of the homes of the adjacent neighbors and -- and the -- the homes that we will be constructing, because -- because of the slope, the right of way and the setbacks. As you can see there is approximately 275 feet between the front of our -- the homes that we would be Meridian City Council March 24,2020 Page 15 of 72 constructing and the backs of the homes adjacent to Mr. Cantrell. There is also a fairly significant drop in elevation and so with those two -- with those two items we -- we feel that the -- what we are proposing is to -- to not have the peaks of our homes go above the base elevation or the pad elevation of those homes, just not be the five feet below what -- what the current pad elevation of the -- of the neighbors is. Perreault: I'm sorry, I can't hear the applicant at all. This is Jessica. Tucker: Did she say she can't hear? Simison: She can't hear you. Tucker: Okay. So, I will just summarize what I said. We are proposing that the -- the peaks of our homes still be five feet below Mr. Cantrell's pad elevation, just not --just not five feet below the neighbor's pad elevations. We are proposing that our homes be no higher than their pad elevations, but just not five feet below. It would require a complete rework of our grading plan for the entire subdivision. It's fairly tight. And we designed this based on the agreement that we had with Mr. Cantrell. But we can --we can achieve -- we can achieve the fact that we would not have any of our roof peaks extend above their pad elevation, just not the five feet below. Our last issue is with the requirements to pipe the Grimmett Lateral as it runs along the western boundary of the subdivision. We are required --we are requesting to leave this portion of the lateral open. We feel it would be a nice amenity for the homes that abut it. The images on the left show what the lateral looks like now without any water. We would like to note that this lateral was very shallow and will be fully fenced on both sides with no gates into the residential lots. And the Planning and Zoning Commission did agree with our request and recommend removing this condition. So, in summary, we are in agreement with the staff report, with the exception of a few conditions of approval which I noted. I have provided on the screen our suggested revisions to the three conditions that we have an issue with. Again, we feel that the modified conditions achieve the intent of the city ordinances and will allow the project to move forward and be a great addition to this area. That concludes my presentation. I can stand for any questions that the Council might have. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: To try and help expedite these, I have been taking some questions from Council members that I will be reading out, so it makes it a little easier for us all to be able to hear. Cavener: (Bernt) So, Council Member Bert had inquired in the letter from the Southern Rim Coalition they inquired about some of the natural grasses that exist on the slope and ultimately who is going to be responsible for those both, I guess, during the construction and, then, afterwards. Meridian City Council March 24,2020 Page 16 of 72 Tucker: Mr. Mayor, Council Member Cavener, via Council Member Bernt, those -- those open space areas will be owned and maintained by the homeowners association. Again, like Sonya noted, we are required to -- to plant life on there that -- that meets the UDC code. So, we will be planting vegetation on there and a few -- and a few trees, so that it qualifies as open space, but that area will be owned and maintained by the homeowners association. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: (Strader) Council Member Strader was hoping to get some additional information, if you know, about where the students from these neighborhoods -- what schools they will attend. There is some concern that maybe students would go to Hillsdale or Mountain View, which are really overcapacity. Council Member Strader indicates we didn't receive any formal communication from West Ada, so hoping you might be able to provide some additional insight. Tucker: Mr. Mayor, Council Member Cavener via Council Member Strader. I will try to do the best I can with answering those questions That question about schooling, we don't -- again, we didn't receive formal comments from the West Ada School District. Right now, from what I understand, Hillsdale Elementary is over capacity and they are not accepting new students and the current students can continue to go there, but new students are being bused to other schools and from what I understand, again, it's based on which side of Eagle Road you live on. If you are on the west side of Eagle Road I think they are going to Sienna, which is not very far away. If you are on the east side of Eagle Road I think they are busing them to another school, which is a little bit of a greater distance away. But as of right now, again, we haven't received anything from West Ada School District voicing a concern about this, but we do know -- we have heard that Hillsdale is not accepting new students until a new school is built in the area and from what we understand right now they will be going to Sienna. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: This -- this one's for me. So, I'm curious about condition A-1-E. What -- what geographic barrier doesn't exist with Mr. Cantrell's property that exists with his neighbors that is preventing you from being able to do the same thing for the other people that live there that you are willing to do for Mr. Cantrell? Tucker: Mr. Mayor, Council Member Cavener, Mr. Cantrell's lot is higher than all of the others. He -- his base elevation is 2,760. The neighbor directly to the west and the furthest neighbor to the east, their elevations are at 2,758. So, there are two feet below Mr. Cantrell and, then, Mr. Patel's property, the furthest to the west, is at 2,754. So, he is six feet below Mr. Cantrell. So, the reason why it would affect an overall redo of our Meridian City Council March 24,2020 Page 17 of 72 grading plan is Mr. Cantrell's pad is actually a little bit higher. Not a lot higher, but a little bit higher than the other neighbors and so we would have to lower our entire site even more to accommodate that five foot difference between the tops of our homes and the neighbors' homes. And, again, just to point out that there is a -- quite a bit of distance between these homes and quite a bit of a slope and still -- even if it doesn't go above their pad elevation, you would literally have to lay on your stomach on the ground to have that affect you. If you are standing on the pad you are going to be anywhere from five to five and a half feet above that base pad elevation and be able to still look over those homes. Cavener: Mr. Mayor, follow up. Simison: Councilman Cavener. Cavener: Todd, on the screen in front of us we got your phasing plans and it shows those -- I think those five neighbors. Which one of those is Mr. Cantrell's? Is it the one that's the furthest to the east? Tucker: No. Mr. Cantrell's is right in the middle. Cavener: Okay. Tucker: So, there is five of them. His is right in the middle. The parcel directly to the east of his is vacant. Also owned by Mr. Cantrell and, then, there is two on the west and one furthest to the east. Cavener: Thank you very much. Simison: Are there any further questions for the applicant? Just one question I did have was on the access for the property that's being -- so, I read the condition as basically not having one point of access on that part, but the entire access would remain exactly as is. Am I reading that correct? And, if so, is there a reason why there could not just be one access point, instead of-- well, it would be like 70 feet, 60 feet of access. Tucker: Mr. Mayor, there is -- you are correct, there is -- the way we view it there is really three accesses. There is -- they are -- they are broken up by some landscape buffers -- landscape breaks in there and the reason why all of the accesses we are requesting to be --to remain is the accessory buildings house some fairly large equipment and so larger trucks with trailers need to get in and be able to circulate through that property and just making it more functional for them to get in and out of the property would be beneficial for them. We might be able to look at closing the middle one, but at least two would really be -- to maintain the functionality of the property with how it's being used and the equipment being stored in the large outbuildings it would be beneficial to leave it remain the way it is. We are fully in agreement that once that property redevelops in the future that access would be closed onto Eagle Road, but as it sits right now our request is to have it remain the way it is now and the way it's been for -- for many many years. Meridian City Council March 24,2020 Page 18 of 72 Simison: Thank you. I -- I guess my only kind of response is we have seen other properties along Eagle Road redevelop. Same situation. Thousand Springs where you have the original property owner, then, everything developed around them and the original property is there with a single access point. You also have this road that was slated to be developed to --widened to a five lane road before too long. So, I understand the premise. I just question whether it's a smart place to have such a wide space of access along this area, but I only bring that up for consideration in the conversation. Tucker: Okay. Thank you. Simison: Anything else from Council? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: (Perreault) Council Member Perreault sent a couple other questions. She's asking for -- share more about the decision to use vinyl fencing around the common lots versus like a see-through fencing. She's just curious about what views someone will have while they are walking on the pathway. Tucker: Mr. Mayor, Council Member Cavener, the reason that we decided to go with the solid vinyl fencing on the north side of the pathway on the backyards of those homes would really be -- it's really for the privacy of those homeowners, recognizing that that pathway, because of the slope and the limited distance that we have to fit the pathway in, that pathway is going to be just five feet off the rear property lines of those homes and so to provide them with a little bit of privacy on those lots, that's why we are proposing the five -- or the four foot solid fence with the two foot open above. That complies with the code, but it provides those residents a little bit of privacy from -- from the walking path or the people on the path. Again, that path -- the path -- sorry. The lot that the path is in is rather wide and has a slope and there won't be a fence on the other side of the pathway. It's just on the north side against the property owners -- those lots that directly abut it to the north. So, that's why we decided to go with the four feet with the two foot open is for privacy of those residents. Cavener: Mr. Mayor, one additional if I may. Simison: Councilman Cavener. Cavener: (Perreault) Council Member Perrault also asks if you could just give a synopsis about who will be maintaining the Grimmett Lateral when it's in the common lot, if that's part of the HOA maintenance or if there is a separate ownership on it. Tucker: Mr. -- Mr. Mayor, Council Member Cavener, that property will be in a common lot that's owned by the homeowners association with an easement within it for the -- Meridian City Council March 24,2020 Page 19 of 72 Cavener: Irrigation? Tucker: -- irrigation company to use, so it will almost be a combo maintenance, us and them, for part of it, but mainly the HOA would be maintaining it, because it is a common lot owned by the HOA. Cavener: Great. Thank you, Mr. Mayor. Simison: Are there any further questions at this time from Council? Okay. Thank you very much. So, this is a public hearing. Is there anybody present who would like to testify on this application? Okay. Does the applicant like to come back up and make any further comments? Okay. Then, with that I will turn it over to Council for discussion or a motion. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I just -- I wanted to -- it sounded like someone was trying to say something. Was that Councilman Strader? Strader: No. That was Council Woman Perreault. Hoaglun: Council Woman Perreault. Perreault: Council Perreault. Can you hear me okay? Simison: We can barely hear you. Johnson: Mr. Mayor, she is also watching via YouTube, so she is on delay. Simison: I'm sorry? Perreault: I will text my question to Council Member Cavener. Simison: Okay. It's coming to you, Councilman Cavener. Cavener: Fair enough. Mr. Mayor? Simison: Councilman Cavener. Cavener: Just for -- for conversation kick off, I know there has -- I know there has been a lot of conversation about counting the slope as open space and should you and should you not and I'm fine with us counting it as open space, in part because what I think is that this application comes with some really great blend of amenities. We could -- we could forego some of the other amenities and just put a bunch of green space, but what I really applaud about this project and this whole project in general is it's very community focused Meridian City Council March 24,2020 Page 20 of 72 and providing a wide community -- or finding a community wide variety of amenities. So, while I can understand some of the concerns that you had heard from other folks, I think because of the amenity package that comes with this overall project that's not a piece that I'm overly concerned with. Just a thought. I have got a few more, but I will read these notes and convey them here as soon as I can. Hoaglun: And Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: To follow up on that, yeah, it's -- that -- that slope -- you know, I understand the request, but at the same time it's -- it's not truly usable space, but I don't think our UDC -- and that was my question to Sonya -- distinguishes it from don't count it, because it's -- it's a slope and so until we put in definition, so developers know the rules, I think we have to count it as open space, because it meets what we have in our rules for that. So, it's just one of those things that it's unique, we don't have a lot of slope property in Meridian, but there is a few areas in south Meridian and a little bit to the north that we have, but -- so, if that's something we want to work on the future we need to do that, but for this application, as long as it meets the UDC, then, I don't think we can change -- change -- change those. Simison: And if I could just add, I think to the people that may be interested in these properties, I think the slope is the amenity for the open space that creates separation between other homes and allows for vision to their own view shed from that standpoint. Hoaglun: In fact, Mr. Mayor -- Simison: Councilman Hoaglun. Hoaglun: -- to -- to follow up on -- on that thought, you know, looking at 275 feet for distance for line of sight, if you think of it in football field terms, you know, which is a hundred yards from goal line to goal line, that's a -- that's just -- just over 90 yards from the property lines that -- or the lines of sight from -- from where they stand to -- to see the roof of the other side. So, I can understand, you know, for the Cantrell pad, they want to be five feet below, okay, they make --you know, we will agree to that, but having -- having the roof lines not higher than the pad site for to the other homes, I -- that strikes me as being reasonable and because of the distance involved and, again, if you are standing there you are going to be seeing above the roof and it is at a greater distance of 90 yards, so it's not like it's -- it's that close. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I love Council -- even though we are doing this remotely, is because I don't necessarily agree with that, where you have got Mr. Cantrell, who is right in the middle, it Meridian City Council March 24,2020 Page 21 of 72 appears to be between a two to six feet gap, to me the recommendation from Planning and Zoning to be able to do that for all the people that live up there makes sense and if they are willing to do it for one, who I believe is the seller of a lot, to me it just makes sense that we are doing it for the other homeowners that are going to be impacted as well. If there was a great geographic barrier -- honestly, if one was at the edge and we saw a slope go up as we connected further to the west, I would be more supportive of that, but you are talking about the guy that's in the middle we are going to do that for, but not the neighbors on both sides and to me I just think that it's -- it's -- the request that was made by the Planning and Zoning Commission, I'm supportive of it. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Councilman Cavener certainly brings up an excellent point and -- you know. And I thought about that, but I found it interesting that he owns the property to the east and he didn't make that request for that property, so I -- that's why I was going, well, he wanted something special -- his property is --where he lives and the rest -- as long as we provide line of sight I -- I think that's good. So, that to me was kind of the reason why let's just make it, you know, for the rest. Cavener: Mr. Mayor? Yeah. And -- Simison: Councilman Cavener. Cavener: Sorry, Mayor, I'm jumping the gun. There was -- there was some conversation at the Planning and Zoning Commission where the neighbors thought that that was a condition that Mr. Cantrell had made upon the sale of this property, they would do that for all of them, and Mr. -- I could be misreading the minutes, but I believe Mr. Cantrell agreed to that. Now, he's not the applicant, so it's -- you know, we are playing a little bit of a game of telephone, but to me at least I felt that folks at the Planning and Zoning Commission that attended felt -- they left believing that that was what was going to be happening for them -- which -- Mr. Mayor? Simison: Councilman Cavener. Cavener: It could also resolve as to why, in addition to our -- our issues, why nobody's here speaking about that this evening. Simison: And if I could just say, I agree with both of you in this case. I don't think that any neighbor is going to tell a five foot difference overlooking this space from how far away the homes are legitimately, but at the same time I also understand if it can be done for one in the middle it seems to make sense it could be done for all. Are there any questions from our remote Council Members that you have at this point in time or additional comments for consideration? Mr. Cavener. Meridian City Council March 24,2020 Page 22 of 72 Bernt: I'm good. Thank you for asking, Mayor. Simison: Thank you. Strader: This is Liz. I have a comment. Simison: Yes. If you can do your best to speak as loud as you can. Strader: Oh, I thought I was speaking really loud, so I am almost shouting now. I am struggling with how overcrowded the schools are in this area and I am disappointed that we did not receive comments from West Ada, but from previous applications we do know already that Hillsdale Elementary is severely overcrowded and it seems like with the applications we have already approved this year we already know we are peaking capacity at Mary McPherson and it appears just from my own back-of-the-envelope calculation that Blue Valley, even if the levy passes, will be full and I'm really struggling with where to draw a line in the sand. You know, it's important to take a lot of considerations into account with development applications, but at the same time, you know, we need to make sure that we are providing quality for our community and I think that includes schools that are not overcrowded. So, you know, the thing I'm struggling with here is that, you know, this is the second phase of the development that clearly has been planned in advance. It's not a surprise to anyone. You have known about it. We have known it was coming. But, you know, I just want to be honest that that is my biggest struggle and I know it's only 75 lots, but I'm -- you know, in the absence of clear direction from West Ada I'm really struggling to -- to approve and that's just speaking for me. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think Council Member Strader brings up a good point and I think at the very least we should at least let the applicant provide -- I guess maybe a question about their phasing plan, build plan, just so that Council is aware of kind of how soon they plan to construct what those plans look like in terms of timetable -- if anything to be able to have a good understanding about how many potential homes could roll out over the next year to two years to five years. Cavener: (Perreault) And, then, Mr. Mayor, Council Member Perreault had also text me -- let me find it. She was trying to ask a question about why the applicant decided to change the request to waive the common lot requirement versus leaving the easement in buildable lots for the homeowner to maintain. I know that's a lot, so I can repeat it again if you want. It's over two texts, so it took me a minute to get it all. I recognized you were walking up here as I was asking. Tucker: Yeah. Mr. Mayor, Council Member Cavener, if I could answer the first question first about estimated time of when homes would come online, we are estimating the end of 2021. That is if -- if status stays the way it is right now. We are all in weird times and Meridian City Council March 24,2020 Page 23 of 72 we don't know what the economy is going to do, so as of right now our best guess is we could possibly have homes coming online at the end of 2021 and that's if everything stays normal and, then, if you could, please, re-ask -- or state the other questions for me. Cavener: (Perreault) Council Member Perreault had asked why the applicant decided to change the request to waive the common lot requirement versus leaving the easement in buildable lots for the homeowners to maintain. Tucker: Mr. Mayor, Council Member Cavener, after discussion and after -- after talking about it internally we just felt it was fine. The city's requirement is to place them in -- place them in a -- sorry, I should be closer to the mic. If-- if the city's code requires that this -- these -- these canals be placed in common lots, it did not affect the size of our lots, we still -- we like to have deep backyards and it still allowed us to have the same depth of backyard that we wanted, because the canal company would require that we fenced them anyway. So, it still would -- it still allows the usable backyard that we like. We are fine with complying with the code and leaving those in common lots as the code requires. So, before we were asking to be able to put them in the backyards. We just felt that it would be a better sense of ownership, but -- but the city code requires them to be in common lots. It didn't affect the backyards, the sizes of the lots really, and so we are fine with complying with the code. Thanks. Simison: Council, any further questions or comments? Hoaglun: Mr. Mayor, I don't have any and I just want to -- giving pause to hear if anybody else had -- had any issues. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe -- I know that our three other Council Members are muted, but maybe just -- if they could give us some kind of signal that they don't have anymore comments or questions, so that maybe we can move towards closing the public hearing. Simison: While we are waiting -- I guess I have just one clarification from the applicant. If I heard correctly, there was potential to shut down one of what you would describe as three access points or one giant access. If redevelopment of that property were to ever occur would they both remain on one or two? I think having two defined access points would be better than having one wide open access point in that property. Do you know where the --where the -- I heard you say maybe the middle one that's there. What is the thoughts of the applicant to this point? Tucker: Mr. Mayor, that -- that was my thought that if -- if there was anywhere to give or -- if you weren't comfortable with the three, if one of them needed to be closed, to me the middle one makes the most sense, because the northern and southern ones still would allow for easy access to the development, but I probably should let Travis handle this one, Meridian City Council March 24,2020 Page 24 of 72 this -- answer this question. He has been more in contact with the Cantrells on this issue and maybe can provide a more clear answer than I am. I was just talking from my own perspective it seemed like the middle one. If-- if you were going to decide one of them had to be closed to me the middle one made the most sense as far as maintaining functionality, but I probably ought to let Travis handle this one. Hoaglun: And, then, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And while he's coming up could we have staff put that -- that particular picture up that shows the property, that would be helpful. Allen- Which property is that? Hoaglun: The Cantrell -- the existing home that's along Eagle Road. Simison: Slide eight. Allen- The Eagle Road one? Hunter: Yeah. I probably don't have a more clear answer than Todd without -- without speaking with the seller, but for them it was a -- like I said, prior they have long-term tenants in there that have been using these buildings and so it has to do with the usability of it. I would have to ask the seller that question to give you a defined answer, but if access is removed they can exit the escrow. Simison: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Can you help walk me through the concern about the three accesses on this particular lot right now as it pertains to the application? I'm just trying to kind of see things through your eyes. Simison: My -- my concern is not to this application, it's just long term. This being -- this will be a five lane road and I want to say three years perACHD if I'm not mistaken is when they plan on doing that. Not knowing what type of operations and what type of vehicles they are entering and exiting out of the property at any given point in time and not having -- because just the way the condition reads is basically saying you are going to maintain it as it is, which says you are going to have a curb cut for the majority -- one -- maybe one curb cut, maybe two curb cuts, maybe three curb cuts along this entire frontage to this property, the way I read it, and I think it's better for the community and public to know Meridian City Council March 24,2020 Page 25 of 72 where a -- someone may enter or exit from a property, as compared to an area where people may exit from a property. That's my main concern. Cavener: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to pontificate, I guess, on this. You know, ACHD was fine with that. Typically with existing properties in my experience we have allowed that to remain until such time as property gets sold and it's absorbed by the development and a lot of time that is facilitated by the expansion of the road that they are on and, you know, if the sidewalk is right out their front door or even the street in some instances and it's -- it becomes time, so -- and with it being graveled all like it is, it's pretty much just kind of wide open. I definitely see two access points and maybe they will pull the trailer out from -- from the one looking at that top left picture, but it's -- it's just one of those things as -- as we transition from rural to urban it's -- how do we handle these properties and they are -- it seemed like they are case by case and I -- it doesn't give me any heartburn to -- to leave it as is until such time it comes time for it to be redeveloped. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I just wanted to clarify that when the Cantrells sell the property will the current -- will Boise Hunter take -- will Boise Hunter assume this property and, then, they will redevelop it? Simison: I will let the applicant answer that question. Tucker: Mr. Mayor, Council Member Bernt, this property, although included in the subdivision, is not part of our purchase, so we will not be acquiring this property at this time. It will still remain owned by the Cantrells and that's why -- that's why there is so much concern about removing the accesses, as Travis said, because the Cantrells are -- remain -- maintaining ownership of this property. If access is removed onto Eagle Road they have the ability to cancel the entire deal and all three accesses will remain there, because they continue ownership of the property, so -- so, the accesses will not go away if we don't develop the property either, because they maintain ownership of that. I see on my screen it says -- oh, it says I'm muted. I thought it it said muted. I just wanted to make sure I wasn't saying that without it --with it being muted. So, just wanted to point that out, that we will not be taking ownership of that lot. It will be located within the subdivision, but the Cantrells -- or a trust actually -- a family trust that owns that property will maintain ownership of that property. Hoaglun: Mr. Mayor? Meridian City Council March 24,2020 Page 26 of 72 Simison: Councilman Hoaglun. Hoaglun: Mr. Tucker, while you are up there, I think -- Sonya, if you could bring up their plat, I wanted to ask you about a property -- let's see. There was one that showed -- yes. Here we go. Thank you. Their end would be the southwest corner of the Cantrell property -- you have some green space and whatnot -- an open lot, basically. Is that for possible access point in the -- in the future? Tucker: Mr. Mayor, Council Member Hoaglun, yes. So, if you will notice directly to the north of the Cantrells we have extended the common driveway that provides access to those lots all the way down to that property. Because of the distance of that it would need to continue through and so that -- that green space that you are talking about is an open common lot that in the future would have an emergency connection coming out of that, so that if the Fire Department has to go down that cul-de-sac and down the common driveway to access those lots, if the Cantrell's -- when the Cantrell's property develops in the future that common driveway would extend down and, then, connect out back to the public street. So, it provides secondary access for the Fire Department. But, yes, that is open space with a future -- for the future connection of an emergency vehicle access out of that. Our -- and the reason why we extended that common driveway down -- at this point it runs right into the side of a -- of an accessory building, but our thought was in the future if it redevelops you could get two, possibly three, depending on the size of the lots there. Those would have been turned and the fronts of the lots would be on the west side, closing access on Eagle Road, and they would use that common driveway for their -- for their access. Hoaglun: Thank you, Mr. Tucker. Thank you, Mr. Mayor. Simison: And just to follow up on that, so when these properties develop they must redevelop and they become part of this subdivision. Is that the way I'm interpreting your comments? Tucker: Mr. Mayor, I don't know that they would necessarily be part of the subdivision of phase two of Sky Mesa Highlands, but they would have to take access from internal. Whether we develop it or someone else develop it -- develops it, the access onto Eagle Road would -- would be removed at that time and they would need to come from an internal access from our subdivision. Again, whether we are the developer or someone else is developing it, they will have to come from internal. Simison: Thank you. That at least alleviates some of my long-term concerns with this property, because I was assuming a redevelopment would occur that would still be Eagle facing from the standpoint -- which would also be the access issue. Tucker: Mr. Mayor, no, the proposed language that we have basically states that access can stay on Eagle Road as it is now until such time as that property is redeveloped and, then, access must come internal from the development. Meridian City Council March 24,2020 Page 27 of 72 Simison: Thank you. Hoaglun: Mr. Mayor, before Mr. Tucker leaves -- Simison: Councilman Hoaglun. Hoaglun: We have to -- have to make sure here. So, if your scenario doesn't come true, because that is an issue. If the property sells -- if the property sells to another owner does that constitute redevelopment? Tucker: Mr. Mayor, I would -- I would not say so. I would say it's just a change in ownership. It would be if they want to come in and -- and change the nature of the property, whether it be subdivided, remove all of the existing structures and build a new single family home. I think a change in the property would be -- constitute a redevelopment, not just change in ownership. Hoaglun: Mr. Mayor, Mr. Tucker, thank you for that. That's my opinion as well. Simison: Thank you. Council, any further comments or questions or any motions to close the public hearing? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we close the public hearing on Item 7-A, H-2019-0123. Hoaglun: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Oppose nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I will take a stab at this and see where it goes. I appreciate the conversation here and online. I -- I still am not comfortable with -- with modifying A-1-E. So, I would move that we approve Item 7-A, annexation and zoning application, H-2019-0123, include all staff and applicant testimony, taking into account the -- the access along Eagle Road, A-2-A and A-3-A, remain upon redevelopment -- remain until redevelopment, as well as the waiver for-- of UDC 11-3A-6133 that waives the piping of the lateral. Making sure staff isn't giving me any flags. Meridian City Council March 24,2020 Page 28 of 72 Bernt: Mr. Mayor, can I clarify the motion, please? Simison: Yes, Councilman Bernt. Bernt: So, just to clarify on Item A-1-E, we are saying that we are not going to require anything in regard to that -- that modification? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Appreciate the question, Council Member Bernt. I guess what I -- what I was meaning is that we would leave it as recommended by the Planning and Zoning Commission, which would be to create a five foot separation between the pad and the roof lines of-- of the view shed of the neighbors below the existing residents. Bernt: Okay. Hoaglun: Mr. Mayor? Simison: I have a motion. Do I have any second on the motion? Hoaglun: I will second the motion. Simison: Okay. Thank you. Is there any discussion on the motion? Strader: Mr. Mayor, it's Liz. Simison: Council Woman Strader. Strader: Hopefully everyone can hear me. I am going to be a no vote tonight and I just want to be able to explain and, hopefully, everyone heard my commentary earlier. In the absence of a clear plan from West Ada for additional kids in this area where we are so clearly overcrowded, I do not feel good about approving this and so I will be a no vote tonight. Thank you. Simison: Thank you, Councilman -- thank you Council Woman Strader. Are there any other comments or discussion on the motion from Council? Perreault: Mr. Mayor, can you hear me? Simison: Yes, we can. Council Woman Perreault. Perreault: I have had so many challenges with the technology tonight that I feel like I have missed at least a third of what has been said, so I'm deciding if it's appropriate for me to vote at this time. I -- I have gone between having YouTube up and listening from Meridian City Council March 24,2020 Page 29 of 72 my PC versus listening on my phone. For some reason the call has dropped a couple of times and so I apologize to the applicant that I have not heard completely everything that has been said, so I would say that I -- I understand Council Woman Strader's concerns regarding -- regarding the schools and I have some hesitations in that regard as well, but that's really all the comment that I'm going to make at this time, because I don't feel like that I have been able to hear anything clearly enough tonight to make a -- to take a vote. I'm sorry about that. Simison: Thank you, Council Woman Perreault, for sharing that information. Councilman Bernt, do you have any comments or that you would like to make at this point in time? Bernt: No, sir. I'm ready to roll. Simison: Okay. Are there any additional comments from Council? If not, we have a motion and a second. I will ask the clerk to call the roll. Roll call: Bernt, yea; Borton, absent; Cavener, yea; Hoaglun, yea; Strader, nay; Perreault, abstain. Simison: Item passes. Three to one. MOTION CARRIED: THREE AYES. ONE NAY. ONE ABSTAIN. ONE ABSENT. Simison: Council, could we take a quick little five minute break before -- and we will start the next one at 730. So, we are adjourned until 7.30. (Recess: 7.23 p.m. to 7.35 p.m.) B. Item to be considered no earlier than 6: 30 pm: Public Hearing for Allmon Subdivision (H-2019-0135) by Todd Campbell Construction, Inc., Located at 5885 & 5875 N. Locust Grove Rd. 1. Request: Annexation of 10. 03 acres of land with an R-8 zoning district; and 2. Request: A Preliminary Plat consisting of 50 building lots and 7 common lots on 9. 91 acres of land in the R-8 zoning district Simison: We will come back from recess. Next item on the agenda is Item 7-B, public hearing for Allmon Subdivision, H-2019-0135. I turn this over for staff comments. Allen- Thank you, Mr. Mayor, Members of the Council. The next application before you is a request for annexation and zoning and a preliminary plat. This site consists of 9.91 acres of land. It's zoned RUT in Ada county and is located at 5885 and 5875 North Locust Grove Road. The Comprehensive Plan future land use map designation is medium density residential, which calls for three to eight dwelling units per acre. The applicant Meridian City Council March 24,2020 Page 30 of 72 requests annexation of 10.03 acres of land with R-8 zoning for the development of single family residential detached homes consistent with the medium density residential future land use designation. A preliminary plat is proposed consisting of 50 building lots and seven common lots on 9.91 acres of land in the proposed R-8 zoning district. The minimum lot size proposed is 4,161 square feet, with an average lot size of 4,692 square feet. The gross density is 5.08 units per acre, with a net density of 6.11 units per acre. The subdivision is proposed to develop in one phase. There are two existing homes and accessory structures on the site that are proposed to be removed with development. Access is proposed via the extension of existing stub streets from the north and south boundaries of the site. Direct access via North Locust Grove Road is not proposed or approved. Off-street parking is required in accord with UDC standards as shown, based on the number of bedrooms per unit. A parking plan was submitted -- excuse me -- as shown that depicts a total of 37 available on-street parking spaces for guest parking. A minimum of ten percent or .99 of an acre of qualified open space is required to be provided with development of this subdivision. One point six two acres or 16.6 percent is proposed consisting of linear open space where pathways are located. The common area where a community garden is proposed and half the street buffer along Locust Grove Road. A minimum of one qualified site amenity is required to be provided. A community vegetable garden with six, eight feet by 12 feet planter boxes, a looped pedestrian pathway around the perimeter of the development, a rose garden with a stone sitting bench and a meditation garden with a bubbling rock and a stone sitting bench are proposed as amenities in excess of UDC standards. A ten foot wide detached multi-use pathway is also proposed along Locust Grove Road. Conceptual renderings were submitted of the types of homes planned to be constructed in this development as shown. Homes are a single story in height, with a variety and mix of finished materials, with stone and brick veneer accents. Some units may have a second level bonus room built into the roof structure, but appear as a single level with no windows facing the rear yard. To mitigate the lack of transition and lot sizes from adjacent developments at the perimeter boundary, the applicant is proposing homes be limited to 25 feet in height and -- to, essentially, restrict homes to a single story, with the allowance of a bonus room to be built into the roof structure and no windows facing the rear yard. The Commission recommended approval of this project. Dean Waite of Todd Campbell Construction testified in favor. Renee Hansen, Judy Calle, Jerry Munzer testified in opposition. Tyler Rountree, Valerie McElrath and Matthew Storch commented on the application and written testimony was received from Jim and Phyllis Lemieux. Renee -- no last name. David and Anne Henchman. Dean and Renee Hanson. And Jim and Cathy Sears. The key issues of the public testimony are as follows: Concerns pertaining to traffic impact on adjacent neighborhoods and safety of neighborhood children with more traffic. Preference for direct access for the subdivision via Locust Grove Road, instead of sending traffic through adjacent existing neighborhoods. Concern there may be a delay in emergency response without a direct access via Locust Grove Road. Preference for this area to be open space or a community park. Opinion the zoning should be R-4, instead of R-8, and the density and lot sizes should match that in surrounding developments. And, finally, concern pertaining to a difference in elevation of the subject property compared to that of abutting developments in relation to the perimeter walking path and if there will be a retaining wall or something to stabilize existing fences. Key issues of discussion by the Commission Meridian City Council March 24,2020 Page 31 of 72 were as follows: Concern pertaining to on-street parking availability and trash service, where to put the carts for homes at the end of the cul-de-sac at the east end of the subdivision. The public's request for a direct access to Locust Grove Road. Transition in lot sizes and density from adjacent developments to this site and the impact of R-4 zoning, instead of R-8 on the proposed development plan. Preference R-4 zoning and development, in that the single level patio homes will cater to an older population with fewer children, which will have a lesser impact on traffic than a typical development. Concern pertaining to traffic in this area and level of service F on Locust Grove Road. And, finally, in favor of the quality of development proposed in the common areas with pathways proposed to buffer and transition from adjacent lots. The Commission made the following change to the staff recommendation. They included a condition to reduce the number of buildable lots by five to no more than 45 lots and to have no more than six lots off the cul-de-sac on the eastern portion of the development. The outstanding issue for Council tonight is that the applicant did not make the changes to the plat requested by the Commission as they feel the concessions they have already made more than justify the transition from larger lot sizes to those proposed and those concessions include the following: Landscape buffers along north and south boundaries far exceeding the minimum qualified open space and site amenity standards and limitation on the height of homes to 25 feet, i.e., single story. Written testimony has been received since the Commission -- several letters were submitted within the last couple of days from Brandon Morse, Carl Patten, Judy Calle, Joe and Leah Saccoman, Traci Servatius and Albert and Marilyn Castagnola. They have concerns pertaining to traffic impact on their neighborhoods resulting from traffic from this development without an access via Locust Grove. Opinion that Meridian needs to deal with its existing infrastructure and taxation before approving anymore developments, which result in overcrowded schools, roads, and wastewater systems and preference for R-4 instead of R-8 zoning to reduce the number of lots and subsequent traffic. Written testimony was also submitted from John and Pam Marsh, Ryan Moore, Craig Telford, Paul Silva, all residents of the Reserve Subdivision that abuts this property in support of the project and the quality of homes proposed within the development. And, finally, from Rodney and M.J. Bates in support of the project per the Commission's recommendation to reduce the number of lots in the cul- de-sac. Staff will stand for any questions. Simison: Thank you. Are there any questions for staff at this point in time? Bernt: No, Mayor. Thank you. Simison: Okay. If not I will ask the applicant -- applicant to please some forward. State your name and address for the record, please. Waite: Is this the mic you prefer or -- is it working better than the other? Get up on it. Okay. Mayor, City Council Members, my name is Dean Waite. My address is 4283 Nystrom Way. Thank you for your time this evening and big thank yous to Sonya and the rest of the Planning and Zoning staff that assisted us through this process. Allmon Subdivision will be marketed as The Cottages at Serenity Gardens. Serenity Gardens is designed around neighbors connecting and enjoying their community together. Our target Meridian City Council March 24,2020 Page 32 of 72 market wants to be proud of where they live. They want beautification. They want community. At Serenity Gardens, as stated earlier-- oh, where is my mouse. Up is down and down as up, I guess. Oh, never mind. The mouse is upside down. That was funny. And so, as I stated, we actually -- part of our amenity is actual gardens. We will have a vegetable garden, two separate flower gardens, and heavily landscaped all of our open -- open space areas. These, along with the landscaped pathways that were discussed and proposed open wrought iron rear fencing in the yards, we think will all blend to community togetherness, people enjoying the outdoor space that we are going to create here. I would like to give a little background of us as it speaks to the in-fill type development that we are doing. Todd Campbell Construction began in 1999 with the development of Riley Village, an in-fill project, and, then, the following years we did several other projects in northwest Boise and we have done ten in-fill type developments similar to this in Boise and Meridian, beginning in 1999. These are just some of the other samples of other developments that we have done in the area. When this property came to market we know it fit in our wheelhouse. It was similar to other in-fill type properties that we purchased and knew it would be a -- one of our great communities. Mayor Simison, you have recently been quoted as stating that Meridian's number one growth priority should be with in-fill projects. We do agree that in-fill projects are the best way for Meridian to grow. Through our development experience we have learned that there are some inherent challenges that are specific to in-fill projects. In-fill is almost always resisted by surrounding property owners. We have heard some -- some of those voices tonight. You have also heard many supportive voices of those in properties directly adjacent to this. In-fill is also expensive. The land and development costs in in-fill are almost always more than -- than that of the open land development that has happened around them and, then, fitting in-fill projects into the spaces left by the open land development also takes some creative -- creativity and is a specific challenge to in-fill. First project we have attempted -- and I believe overcome these challenges to create a beautiful neighborhood that we think many Meridian citizens will enjoy and I present the Cottages at Serenity Gardens. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I don't mean to interrupt, but the applicant is fading, going in and out. It's somewhat difficult to catch everything that he is saying. Is there a possibility that he can actually maybe gobble the mic in his mouth or maybe use the other mic? Waite: Todd Tucker might have the disease. I want to be careful. Simison: We will try our best. Waite: I'm sorry. When I looked down at my screen I think I was backing away. I will try to be more cognizant of that. Bernt: That's much better. Thank you. Meridian City Council March 24,2020 Page 33 of 72 Waite: As stated, open space was an important emphasis in planning Serenity Gardens. For our project to work financially we knew we needed to be at a higher density than the surrounding properties. To help this transition we are proposing 60 percent more open -- actually, 66 more -- percent more open space than required by the Meridian UDC. As this video rendering progresses you will see that open space, you know, detached sidewalks, walking paths and the garden areas. Let me pause that. So, this angle you can see some of that. So, not only -- we have the building setback that comes with any development, but we are proposing 25 feet of open space landscape buffer all along this southern boundary and this -- the northern boundary. That's a little bit better view of what we are proposing there. We also have the 35 foot landscape buffer along Locust Grove and including the ten foot pathway. That includes two way -- the ability to have two way traffic moving safely across the pathway there. These -- additional option space above the requirements are a significant cost -- significant cost to the developer -- to us the developer, but we do believe that they are a great value both to us and to the surrounding property owners. The homes represented here in this video are actual plans that we have prepared that fit on the lots that we are proposing. Colors, finishing, touches, the specific floor plan selections will -- will be determined by the market, but these are the specific plans that we have appeared so far. You can see that we are proposing single level homes only. We do agree with the -- the concession that was proposed by Planning and Zoning to have the limitation -- the height limitation and to have no windows if we do do bonus rooms. None of the plans we have planned have bonus rooms, but -- but none of the plans that we are proposing -- or that we have drawn so far do have bonus rooms, but we --we do reserve the right to have those in the proposal. This just gives you a little bit better perspective of that 25 foot landscape buffer that we are proposing with the pathway through it. As you can see with the rear yards being the open wrought iron style and the gates in them accessing it, we want to promote community togetherness using it as an amenity actually and we know sometimes we do -- you do a subdivision with an amenity that does not get used. We feel that the -- our target market will enjoy and appreciate this amenity very much. There are more than 5,000 feet of walking path throughout this development. That's nearly a mile in just a under ten acre development. That is pretty impressive for the size of development. Serenity Gardens speaks to that requested of Mayor Simison to focus on in-fill development. This project as proposed includes many significant and costly upgrades from what is required by Meridian UDC and from the standards of some of the surrounding developments. We make these proposals because we want to create a beautiful neighborhood. We want people to enjoy what we have created and we also want to be a good neighbor to the surrounding communities. Mayor, Members of the City Council, we do agree that in-fill is a smart way to go in Meridian. The Cottages at Serenity Gardens both addresses that -- that priority and will meet a significant market need. We ask that you approve this application as proposed and I will stand for any questions. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Meridian City Council March 24,2020 Page 34 of 72 Simison: Councilman Cavener. Cavener: Dean, appreciate you being here. Just want to get a sense -- you ended your -- you ended your presentation by talking about wanting to be a good neighbor, which I really appreciate, especially with in-fills. Those always seem to be where we need to lead. I'm curious if-- if you and your client are supportive -- because of these uncertain times maybe continuing this public hearing out to a later point in time to allow your neighbors to be able to come and provide testimony here in person. We have received a lot of correspondence. A very empty room. We have received a lot of correspondence that have alluded to that. I'm just curious if that's something you guys are supportive of? Waite: We would not prefer -- prefer that. Cavener: Okay. Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for -- for the applicant on this. It sounds like there was an interesting discussion with the Commission regarding buildable lots and the reduced -- can you show me on the plat what you -- where that reduction would take -- have taken place. Waite: Is your presentation still up there? Hoaglun: And, Mr. Mayor, I might clarify. Whichever one shows it the best. However you want to proceed. Waite: In the discussion at the Planning and Zoning hearing they were -- the specific request was to remove some lots from this cul-de-sac. They did not put that -- that was the discussion. They did not put that, I don't believe, in their -- the specific wording, but I think they asked for five to be removed from the wording and they -- did they say three -- minimum of three in like from the cul-de-sac area? I know there was some discussion back and forth. As I understand it their request was for five lots to be removed from the subdivision. Hoaglun: And, Mr. Mayor, just a follow-up question. Simison: Councilman Hoaglun. Hoaglun: Yeah. It's interesting, he says that it backs up to Locust Grove Road why it would be there. I mean that you are not abutting neighbors in that particular area. Do you recall what -- Waite: I think that idea -- well, I'm putting my guess at the thoughts, but it was more of a traffic issue. They were trying to reduce some traffic and that's -- that's how I understood Meridian City Council March 24,2020 Page 35 of 72 the discussion flowing, so it wouldn't really matter I guess where they were coming from if-- if that was the issue. Hoaglun: And, Mr. Mayor, a follow up. Simison: Councilman Hoaglun. Hoaglun: And as to traffic, the streets that you are accessing are two stub streets that exists in the current neighborhoods right now; is that correct? Waite: Yes. When they were developed they were required to stub to our property. Hoaglun: So, there was future ideas of people there would -- eventually this property would develop and there would be access to this additional property? Waite: Correct. Hoaglun: Okay. Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: (Strader) Council Member Strader texted in asking for the option to, please, clarify exactly when these homes would be delivered and if there is any further correspondence that they have had with West Ada outside of the letter that the City Council has received. Waite: So, these homes would be coming to market sometime next year 20 -- 2021 and not specific-- no --there has been other communications with West Ada, but not anything that would pertain to this other than what has been read -- or provided to the City Council. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Dean, what about the -- you talk about the community garden. We have seen some neighbors who have done community gardens really well and some that have become kind of glorified litter boxes. So, who ultimately is responsible for the maintenance, the planning, the harvesting of the community garden? Waite: So, in another community we have here in Meridian where we do have a successful community garden, we, the HOA, maintain it and then -- maintain outside the boxes and do weeding offseason and, then, we let the homeowners maintain the boxes as far as planting, harvesting, and that is determined within the HOA itself, the members of it. Meridian City Council March 24,2020 Page 36 of 72 Cavener: Thank you. Simison: Okay. Thank you. Waite: Thank you. Simison: This is a public hearing. Did we have anymore signed up to testify? Johnson: Mr. Mayor, we did not activate the sign-up, since we didn't know what it would be, so -- we have people in the room. Simison: All right. Come on up and state your name and address for the record, please. Rutherford: Mr. Mayor, Members of the Meridian City Council, distinguished city attorney. My name is Steve Rutherford. I'm here on behalf of my wife and I seated back there. We live at 1539 East Commander, so we live in Reserve, just over the fence, second house in from Locust Grove and I'm really here -- we are here in support. Really we -- we appreciate the product Todd produces. We think this is probably going to be a good development. Our real concern is -- is traffic as you would guess. So, we did move in, Council Member Hoaglun, we were probably the third people in phase one to move in. We knew the stub street was there and I realized that at some point there was going to be some traffic. There are a couple issues -- we didn't really realize the density, but we kind of got our heads around that given the product that Todd's going to build. It's probably not going to be big families with a lot of drivers, but there is a roundabout there and big trucks, big equipment in early phases of construction it's going to be -- it's going to be a chore. I don't know if you can get that picture up so you can appreciate, but getting those big trucks around that is going to be a real bear. So, our kind of request for the Council -- realize our preference would be that they have access to Locust Grove, but I get how this works. Fewer connections to big busy streets like Locust Grove is a good thing. But for purposes of construction -- and I'm not sure, you probably would know as your development services might know, when the trigger point would be, but to use the existing -- one of the two existing driveways they were improved quite a while ago when ACHD did some work there, so they are -- they are a pretty good driveway for purposes of construction, again, into construction ideally until they are, you know, developing the front closest to Locust Grove they would use that for their construction access instead of either our street or the one that goes through Saguaro Springs. So, that's kind of our one request. Thank you very much. Simison: Thank you. Council, any questions? If you could state your name and address for the record, please. Rountree: Tyler Rountree. I live at 1098 East Pasacana in Arcadia, which abuts to a portion of the -- basically Lots 52, 53, 54, '5, '6 and 7. Kind of what Steve alluded to, I think we all expected this to -- to develop and no one's opposed of having homes back there. The response that you got from everybody I think deals mostly with the traffic, which is based off the density. That has been kind of everybody's main concern. I think Meridian City Council March 24,2020 Page 37 of 72 as human beings it's relatively simple for the subdivision people who live surrounding it, which is we will just have another entrance. With lots of effort I don't think you are going to make anybody understand that that's not possible, but it's not. So, our request is fairly simple. Is the product good? Yes. Is Todd Campbell a great builder? Absolutely. Have they bent over backwards? Yes. But my question is at what point what is the obligation of a city to make sure that a developer can come in and develop a parcel that he purchased and make it pencil? So, I had a -- kind of a moral conundrum with this when it started. The Allmon family are long residents of Meridian. They have a lot of property throughout town. If I were him wouldn't want somebody to come in and say, hey, no, don't -- don't sell. You can't put homes here. You can't get your money and go live somewhere on an island and drink drinks with umbrellas in them. And I hope that's what he did. But where is the obligation to -- as a homeowner and surrounding this density to make it pencil? TBC, LLC, Land Holdings owns the property. Del Allmon doesn't own it anymore. So, when we started this endeavor in October it was under contract and clearly that changed and here we are. So, I think if we got it to R-4, like what's surrounding, it would address the traffic issue. We are not going to take care of the concern with Locust Grove, but my math, if we cut it -- the density in half, that's half of whatever traffic could be forecasted simply. With that I would stand for any questions. Simison: Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Council -- Tyler, you know, you raise -- you raise a good point and the other conundrum is when I -- when I first read this -- and this was new to me -- in our Comprehensive Plan this was determined to be high density. I don't know how that came about when I look at the surrounding property, so it -- it fits the Comprehensive Plan. So, that puts a little conundrum for me, because we are trying to follow the Comprehensive Plan and I was attending the Council meetings when that was put together and everything and so that's -- that's -- I understand your dilemma and I think you will understand my dilemma when we go, okay, we are going to change this when we have done all this work to put together a plan for that. So, I guess what's your advice? You know, my question is what is your advice to us when it comes to that Comprehensive Plan and are there exceptions to areas that we should really take into consideration? Rountree: I guess at minimum if you look at what P&Z's suggestion was -- albeit depending on how you look at five. I mean five is very impactful to the developer, but in the course of the development five isn't that impactful. That's what their recommendation was. And this is a really weird spot -- and to your point in '07, if things would have continued in '06, the Rutherfords would probably be living behind or in front of phase three of Reserve potentially, because the original developer of that parcel ended up selling at auction to get out from underneath it in the downturn of the market in '07, '08. And originally it would have been R-4. Meridian City Council March 24,2020 Page 38 of 72 Hoaglun: And, Mr. Mayor, follow-up to Tyler. Simison: Councilman Hoaglun. Hoaglun: And, then, that's the other dilemma we have is the markets change and R-4 is getting very very expensive and so is -- is this something that in your--your opinion, then, should we as a city be the approving less of, because we are getting a lot of these type of requests. Is it just a lot by lot -- I mean we are -- we are doing these ten acres and seven acres and five acres and -- and that's -- that's a dilemma, too, because that's the market that we are having to deal with that developers say hey -- and also from our perspective constituents saying I can't afford a single family home, I need something smaller. I want something nice. So, any advice there? Rountree: I guess -- I guess my response to that would be I'm -- I'm -- I'm a single opinion, certainly representing a segment of homes, but I think you would have to lean on what the majority of your responses have been via text, e-mail, voicemail, however they have been supplied to you and take a cross-section of what -- what everybody's asking for. I think collectively it isn't an issue with the development per se, but the density. It's the traffic and the people who live along Commander, we have not seen the impact from the development that's going on currently, particularly Commander, and what the traffic may be. The homes are sitting empty at the present time, but it's about 75 percent built out. Again they have gone -- they have bent over backwards -- to Dean's point I agree. They have. But that's what the concerns are is the traffic. We can't fix the Locust Grove part. It's just not possible. Hoaglun: Thank you, Tyler. Simison: Any further questions? Is there anybody else that would like to testify? State your name and address for the record. Little: Hi. I'm Joyce Little and -- Simison: If you can pull your microphone -- Little: -- I am also a realtor. Simison: Can you pull your microphone down, so our -- Little: Okay. Mayor, Council Members, I -- being a realtor I know that, obviously, the growth is overwhelming to all of us, even as a realtor. They are all like, well, you just should be in happy town and it's not like that. I would like to know that are -- we are building communities and what I see in Todd's product is a community and the demographic of that buyer is going to be probably your younger professionals, your elderly, your -- the empty nesters, those type. If the density gets lessened and -- and Todd doesn't build this product, I can see this going to one of the lower end builders and there is no guarantee that we are going to have less traffic, because if just say Corey Meridian City Council March 24,2020 Page 39 of 72 Barton comes in and builds 25 very large two stories that accommodate four and five bedrooms, there are going to be usually a family with children and teenagers and there could be actually more traffic and traffic that is speeding out of our subdivision to get to school. Like my husband mentioned is that we are the second house in on Commander and we -- we already have a problem with parents stacking up along our street, because they don't want their kids to walk to the bus and if there is more children that are coming out of or teenagers or whatever, I just see that more and more that we are going to have teenagers running through our streets -- or both sides. So, I don't think that the density going lower is going to change anything on the traffic. That's my personal opinion of knowing the product that Todd is building and the demographic that's going to be in that. And, then, some of those people who may only have one car where there could be three or four cars. Like right now my husband and I have three cars. The people across the street they have five, so -- and that's two houses out of a 25 subdivision. So, that's -- that's my point. Thank you. Simison: Thank you. Council, any questions? Is there anybody else who would like to testify on this project at this time? Okay. If not, have the applicant come back up. Waite: Sorry. I just wanted to make sure you didn't close the public hearing. One other item I would like to address about the community gardens. All exterior landscaping and watering will be maintained by the HOA. So, that will be part of that for the homes, the front and back yards will all be centrally maintained by the development and that will help with the maintenance -- maintenance of the garden areas. We are -- if we can get it approved we love the idea of taking the construction access off Locust Grove. We would develop a full construction entrance and I think that that's a great idea and, then, I reiterate the comment that if traffic is the real concern with wanting a reduction in lots, there is -- there is likely to be very little reduction going to 25 large family style homes versus the the 50 type homes that we are proposing and the difference between 45 of the homes that we are proposing and 50 of the homes we are proposing is a very negligible difference in traffic, but it kills our development if we go to 45 homes. That's all I have. Simison: Thank you. Council, any questions or comments at this time? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: (Perreault) Council Member Perreault asked if you would be willing to speak about the average number of bedrooms and expected buyer demo for this development. Waite: The average number -- it will be a three bedroom, two bath, 15 to 21 hundred square foot home and, obviously, we can't dictate who buys our homes, but these developed in the past it has been downsizing, retiree couples, single professionals, many of them women for some reason, I'm not sure why, and, occasionally, young professional couples. Meridian City Council March 24,2020 Page 40 of 72 Cavener: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: To follow up on that, kind of what--what's the price point that you will be offering these for sale? Waite: These will be in the 400 to 450 thousand dollar range, assuming that things stay on a similar trajectory that they are. Hoaglun: Thank you. Simison: So, I know it's a very minor thing, I have been fixated on my head -- trash day. Ten -- ten homes on a cul-de-sac. I'm really kind of curious to know, you know, based upon our own standards how is that going to work? Waite: If you look at the -- this lot here it is going to have to be a community effort. This lot takes access off of this -- oops, where is my -- is it upside down again? These -- these lots are side turned and they take access off of this common drive. So, this -- more than 130 feet of sidewalk on both sides. It will be full. Simison: So, I -- that's why I assume -- and, really, for both cul-de-sacs, would it make sense to have these signed no parking? Waite: Yes. No parking in the cul-de-sac. Simison: In the cul-de-sac. At least at a starting point for -- because, otherwise, I mean in theory it was -- the Fire Department is looking like they want to make a comment to that comment, but -- Bongiorno: Right. Mayor, the -- that cul-de-sac size is the minimum size. So, it will have to be signed no parking, fire lane. Waite: I believe that's already part of the -- yeah. It is a requirement I think. Simison: And what about the other cul-de-sac--that three-quarter cul-de-sac on the other side, which has similar issues, because it's even less. Waite: I do believe that it's -- that they are both required no parking and to be signed. Simison: Okay. Who was from the sky? Bernt: Treg. Meridian City Council March 24,2020 Page 41 of 72 Simison: Is that Treg? Bernt: Mr. Mayor, yes. Simison: Councilman Bernt. Bernt: I have a question. I would -- I would like to get the Fire Department's opinion on what that cul-de-sac looks like. Are they going to be able to maneuver their fire trucks in there, so on and so forth. Bongiorno: Mr. Mayor, Council -- Councilman Bernt, yes, so being that it is a 48 foot radius cul-de-sac, that is the minimum that's required in the fire code. So, as long as it is signed no parking fire lane as required in the fire code, we can make that cul-de-sac. Any smaller then -- then we wouldn't be able to without three -- you know, three point turning out of it. I know during our pre-app meetings when we have these common driveways like this we always discuss with the developers you need to come up with something for trash day and recycling day, because it's going to get really busy and -- and you can't put them in the street. So, you know, we -- we have always recommended, you know, a pad or something. Caleb Hood was big on that one, you know, putting some spot somewhere that the trash cans can be set. So, for us as long as it's signed no parking and we can enforce it, then -- then we are good to go. Bernt: Thank you, chief. Simison: Are there any other questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Can you hear me okay? Simison: Yes. Hear you great. Perreault: Okay. So, I actually have a question for staff, but I wanted to ask it prior to closing the public hearing in case the applicant has any comments. I read over the information regarding the -- changing the lots to 45, instead of 50, or reducing them by five and I read over everything a couple of times, because it wasn't clear to me -- in the staff report that was most recently published staff had made a correction and lined out information regarding the lot requirements, made a correction effective I believe March 11th showing that the plat would now have 45 buildable lots and so I wasn't sure why staff had made that change to the staff report if the applicant wasn't in agreement to it or had not -- did not express their agreement during the Planning and Zoning Commission. So, if we could get clarification on that, so that we are not approving the staff report with that change, you know, in an unintended way. Meridian City Council March 24,2020 Page 42 of 72 Hoaglun: Sonya. Allen: Mr. Mayor, Council Woman Perreault, Councilmen. The Commission recommended that they lose that number of lots, therefore, it's reflected in the conditions for approval that way. If Council decides not to require that, then, Council will need to change that condition back. Perreault: Thank you very much. I just wanted to clarify that. Simison: Are there any other questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I want to make sure I understood Chief Bongiorno's discussion on the fire trucks during the trash day. Will the fire trucks be able to access that with -- I mean certainly you can knock them out of the way, but that's not preferred. Our fire trucks -- Bongiorno: Yeah. Hoaglun: -- are very expensive, but is that truly with -- on trash day we will make it exceedingly difficult for an engine to be going through there? Bongiorno: The potential is there, yes, because I know our city code now says that you put the trash carts in -- in the roadway and being that it's a minimum size cul-de-sac there could be a challenge with like the ladder truck or--you know, each of our fire engines has a little different wheelbase, making that corner for sure. Worst case scenario they would have to three point out of it, which we don't like backing apparatus, because that's when typically, you know, accidents happen and so that's why we try and get these cul-de-sacs at least 90 -- 96 feet, so we can make that corner. Hoaglun: Thank you, chief. Bongiorno: Sure. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, maybe to add to that point, we do have in our ordinance that Republic Services can direct where the trash cans go. So, in a tight situation like that they can direct them off to the sidewalk, so they don't have to be in the street. So, there is a -- an out in our ordinance that would allow it to be directed to the sidewalk to allow that access for fire. Meridian City Council March 24,2020 Page 43 of 72 Simison: Thank you, Mr. Nary. Are there any other questions? Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe get the conversation started. I think the applicant began by saying in- fill is -- is hard and in-fill always brings its challenges with it, but I really want to applaud you guys for bringing a creative project. Again, no question about the quality and the craftsmanship that comes from -- from your projects. I think you mentioned single female professional owners. I know two single female professionals that own houses in your properties and love them. So, I think this is a great piece of in-fill. To me the sticking point -- the sticky wicket is there is -- there is just too many lots there. I'm supportive of the recommendation by Planning and Zoning. I recognize that sometimes -- again, you don't always know what's around the corner in terms of what the next development can be. If it's not this what's next. But I am sensitive to the feedback from the public about this, which is why I wish we had the chance to be able to hear from them and to give you guys the opportunity to respond. So, in light of that, again, I think there is too many there. I would be supportive of -- of this project as recommended by the Planning and Zoning Commission. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: In that vein, you know, Councilman --or Councilman Rountree --Tyler Rountree had a good word he used and it was conundrum and -- because to the applicant's point, you know, five lots in terms of impact to the -- to traffic is not that big of a deal. However, there are real issues here for just the actual function of trash day and where things go and if people are stopping by to pick things up, there -- there is that. Is that -- changing the number of lots allow us to figure out a way to -- to make that work? The other conundrum is the fact that if the applicant goes, you know, we don't know the financials, if they say that they can't make it work, that becomes back on the property, someone picks it up, and we may not have the quality that's there and it is a quality product and that's something that we like seeing, community and -- and I know neighbors want homes that are good valued homes next to them and that's --that is the conundrum. If you knock down the number of lots are you greatly reducing the traffic enough that makes it worthwhile or does it -- is it a tipping point that takes us to a different type of product that results in other issues that would have repercussions for the neighbors. That's the conundrum. Strader: Mr. Mayor, this is Liz. Simison: Council Woman Strader. Yes. Meridian City Council March 24,2020 Page 44 of 72 Strader: You know, I am grappling with some more issues in terms of-- you know, I have a letter from West Ada urging denial of this application. I think I can be convinced that real creativity -- real creativity for an in-fill piece of property is of value to the city. I share the same concerns I have heard from my fellow Council Members, though, about just the function of this, how it works on trash day, you know, a lot of neighbor concerns about traffic and I just -- at the end of the day I -- I don't think it's our role to make a project pencil and so, you know, I'm kind of floating between denying the application because of overcrowding issues, to perhaps, you know, getting on board with reducing the buildable lots. I think I can wrap my head around that, just based on the quality of the product. If we use West Ada's formula it kind of divides that equally. That's about 12 additional students per school. You know Owyhee will bring some capacity. Prospect is not as overcrowded as some of the other schools, however, it is overcrowded. I think I can be convinced on this one, just based on the in-fill aspect of it, but I do agree that the amount of lots needs to be reduced to make it workable and I don't think it's our role to -- to make the project pencil. I think it's our role to try to strike a balance that is functional for the neighborhood. So, that's kind of where -- where I'm sitting right now. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have a question for Council Woman Strader. I don't know why the applicant elected not to make this a 55 plus community, but if -- if that were the case, Council Woman Strader, would you be more inclined to --to be in agreement, because, then, that, to some extent, takes the school district element out of it? Strader: Yes. Perreault: Thank you. Simison: Councilman Bernt, do you have any comments you would like to make at this point in time? Bernt: I can make a couple. Thank you, Mayor Simison. I'm in agreement with the density, but first and foremost, I got to applaud the applicant for doing his or her best to try to make this application work and make it feasible within, you know, an in-fill type project. There are a lot of good things to it. I love the design of the homes. I love the -- the space and the transition from this project to other -- to the north and the south. I believe that the applicant did as good of a job as he or she could have done to make this work. It just goes back to the density issue of it. I just think that that east portion of the project is -- is -- there is too much -- there is too many homes in there and I just foresee in the future, sign and no signs or issues, first and foremost is the health and safety of our community and I just -- I perceive problems on the east end when it comes to service, whether it be through our services or through Republic. So, unless the applicant is willing to make the project less dense I probably wouldn't be in favor of it right now. Meridian City Council March 24,2020 Page 45 of 72 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for the applicant, if you wouldn't mind. As I look at these things, you know, you are always -- your mind's always going through how do we fix it, how do we make it work, how do we --you know, good suggestion. Can we keep Locust Grove open for construction, you know, for-- for those types of things. How do we find a way to make the trash work, you know, always -- trying to find the yes in things, because, you know, we have good ideas, good plans, and you have to sometimes give and take a little bit. I know time is money, but would it be possible to delay this to April 7th? We don't have a meeting next week. Just to see if there is a way we could resolve the trash issues and any other density issues that might help on this project. Waite: Councilman Hoaglun, can I propose that we would be willing to build a pad on the corner of Lots 20 and 31, the two lots that are adjacent to the cul-de-sac-- at the opening of the cul-de-sac? We would have 30 by whatever -- ten feet, where it would be out of the sidewalk and if that would help ease that we would be willing to do that. I'm not sure if that's the biggest concern here, but if it is that's something that we would be willing to do. Hoaglun: I -- Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I think, Dean, yes, that would -- that would be one thing to -- to help take care of that problem in those cul-de-sacs if we are looking at some pads like that, it would be good to -- good to see because of the fire engines making that turn and responding to typically medical emergencies as opposed to fires, but there might be other issues that -- to consider if you delay and taking a look at the subdivision. Waite: Okay. And we are -- Strader: Mr. Mayor? Waite: Oh, go ahead. Simison: Council Woman Strader. Strader: I apologize, I wasn't able to hear the applicant's proposal, whether he wanted to change the use of the property to put in a commercial pad or what the proposal was. I -- I agree with Councilman Hoaglun's suggestion if the applicant wants to delay perhaps to rework this that that might make sense. Simison: The proposal was to put in pads on a couple of the parcels for trash pickup as part of it. They did not yet answer the delay. Just speaking for myself-- and I don't have Meridian City Council March 24,2020 Page 46 of 72 a vote on this decision, you at least answered my question on -- on traffic, once we realized that there was no parking allowed in the cul-de-sac and with Republic's ability to direct where it should be placed. So, I'm off that issue, but if -- there is still many others that are wanting that, but I don't have a vote, so I will let you answer the second question. Waite: We would prefer not to delay, but we would be -- I just spoke with Todd before I came up here. We would be willing to reduce two lots if that helps satisfy that. We can still pencil at the 48 number. Further than that I -- we cannot agree to. And, obviously, it's your decision if we delay this or not. We would prefer not to. Simison: Council, do I have any questions or motions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I would move that we close the public hearing on H-2019-0135. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any comment on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Do I have a motion? Cavener: Mr. Mayor, maybe just discussion before a motion is made. If I'm hearing -- Simison: Councilman Cavener. Cavener: Thank you. Thank you, Mr. Mayor. If I'm hearing things correctly, I think we have got three paths that we can explore. Maybe a motion to approve it on the recommendations of the Planning and Zoning Commission. It sounds like the applicant won't be supportive of that. We could continue it for a few weeks to allow the applicant to rework the application. Also sounds like they are not supportive of that. And, then, the third would be to -- I guess deny it -- or I guess a fourth option is to approve it less two lots. So, I guess we have four -- four pathways. I -- I would hate to deny a project like this. I really would. You know, I feel still that -- I appreciate the offer of two lots. To me that's -- that doesn't make the impact I think in some of the concerns that we have heard. Four or five to me seemed to make the most sense, just when you look at the map of where I think you can make some impacts both on the -- on the traffic and on the trash, fire issues. So, I'm one that's not supportive of a motion to approve that only reduces two lots. I don't want to deny it. For me I'm -- I'm in a place where I would be, then, supporting the application as presented by the Planning and Zoning Commission, for what it's worth. Meridian City Council March 24,2020 Page 47 of 72 Strader: Mr. Mayor, this is Liz. Simison: Council Woman Strader. Strader: I am always trying to get to yes and I think that Mr. Cavener's proposal is the only yes that I can get to. I'm really struggling with the density in this location given the traffic. I'm really struggling with the additional students and the burden on the schools. I think a reduction in lots is the only way that I could be supportive and 1, you know, would like to try to be supportive of this project, because it is in-fill and because I do think it is high quality and creative, but I'm with Councilman Cavener, I -- I can only support this I think with the reduction in the buildable lots as per Planning and Zoning. Simison: Council, do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm not seeing anybody else wanting to speak out or message me, so I will -- I will give this a shot and we will see where it goes. Mr. Mayor, I move that we approve Item 7-13, Allmon Subdivision, H-2019-0135, as presented, including staff, applicant, public testimony, recognizing the recommendation from the Planning and Zoning Commission, 9-A-2C to reduce the number of buildable lots by five to no more than 45 and to have no more than six lots off the cul-de-sac at the eastern portion of the subdivision. Strader: Second. Simison: I have a motion and a second. Is there discussion on the motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I want to throw this out there. I don't know if this would even apply if they walk away from the project, but that -- that construction move forward in a manner that allows use of the existing driveway off of Locust Grove for as long as possible to keep construction traffic off the existing streets, if we didn't have that in there somehow. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Council Member Hoaglun, one hundred percent, yes, that would -- I guess I made the false mistake assuming that was kind of referenced and discussed. That was Meridian City Council March 24,2020 Page 48 of 72 what the applicant wanted and it sounded like we were in support of, so I -- I'm supportive of that as well. Hoaglun: Thank you. Simison: Does the second agree? Strader: Yes. Simison: Second agrees. Okay. Is there any further discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, absent; Cavener, yea; Hoaglun, nay; Strader, yea; Perreault, yea. Simison: The ayes have it. Motion is agreed to. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. C. Item to be considered no earlier than 7:00 pm: Public Hearing for Frazier Council Review (H-2020-0011) by Nick Frazier, Located at 5343 N. Maplestone Ave. 1. Request: Council Review of Director' s approval of an Accessory Use for Daycare, Family (A-2019-0388) Simison: Next item is Item -- Item 7-C, public hearing for Frazier Council Review, H-2020- 0011 and I will turn this over to -- Johnson: Mr. Mayor, Mr. Hood is on his way. Simison: Okay. Let's -- turn it over to Mr. Hood. Hood: Thank you, Mayor, Members of the Council. Apologize, I thought you were going to take a quick recess there in between projects. There aren't too many of us, but let me -- if you would give me just a minute I'm going to pull up a vicinity map and present to you this application. So, on January 2nd, 2020, 1 approved an accessory use permit for a family daycare with six or fewer children to operate out of a single family home located at 5343 North Maplestone Avenue. That's in Jump Creek Subdivision. So, here is the intersection of Black Cat and McMillan. This is Jump Creek Subdivision. The home is approximately here. They are so new Google Earth doesn't show it. It's actually the second lot north of this micro path lot is where the in-home daycare was proposed and approved by staff for Elizabeth Songe. A notice of approval was, then, provided to the applicant, as well as seven property owners that were within a hundred feet. One of those was the HOA. Again, there is HOA property within a hundred feet as well. Later in January we did receive a Council review -- that's also known as an appeal -- of my Meridian City Council March 24,2020 Page 49 of 72 decision from a Mr. Nick Frazier. His basis for appeal is that, one, no neighborhood meeting was held. So, a process concern there. And that he doesn't believe that they can comply with the parking requirements for a family daycare. His narrative goes on to say that there is three cars already parked in the driveway. He did provide some photos as well in his application. It goes on to state some noise and proximity concerns with having a daycare in relative close proximity to his residence. Traffic density. I assume that he's here, so I will let him -- him kind of speak a little bit more on -- on his narrative and why we are here this evening. But in the R-8 zone the city code does allow an in- home daycare with that administrative approval. We have also received two other forms of public testimony on this. One from a Raymond -- Bernt: Mr. Mayor? Simison: Yes. Councilman Bernt. Bernt: I apologize. We are not able to hear Caleb very well. He's going in and out. So, if he could just speak directly into the mic that would be appreciated. Simison: Will do. Hood: Do you want me to start over? Simison: No. Hood: Okay. Sorry about that. So, we have received two forms of notice -- excuse me -- public testimony as well after we sent notice out to the neighbors of the appeal from a Raymond and Janice Bochard. Just to summarize their concerns, they say that the daycare is not compatible with the single family subdivision. They also have parking concerns that there is already three site -- three vehicles regularly on site. They also expressed some concerns about emergency services being able to access the front door because of those vehicles parked in the driveway. Construction traffic. Again the subdivision is under construction now, so there is concerns about children. The basketball hoop that's in front. We do have -- just as an aside, we do have standards for that, so outdoor play areas for family daycares, it does prohibit those in the front yard, so that basketball hoop would not be allowed and, then, some procedural concerns that were also brought up by Sandy Cameron, who is supporting the appellant. Again, traffic and parking on street concerns and turnaround concerns in this new subdivision. Again, the appellant, as well as Sandy Cameron -- excuse me -- Sandy Cameron also stated that -- that no neighborhood meeting was held on the 21st of November as the applicant put in their application submittal to the city. Our city code does require that an applicant for a family daycare hold a neighborhood meeting or at least offer to have a neighborhood meeting with all property owners within a hundred feet of exterior boundaries of the subject property. We did receive that from the applicant that they did offer to hold a neighborhood meeting at their home. There are some notes in there that no one attended, but they did talk to a couple of their neighbors nearby. Meridian City Council March 24,2020 Page 50 of 72 Bernt: Mr. Mayor? Hood: I'm eating the microphone. Simison: Councilman Bernt. Bernt: Would it be okay if -- if Caleb went to the mic where -- in front. It seems like we are hearing much better there than where he is at currently. Simison: You bet. Hood: I'm done with my presentation, unless you want me to come forward. Simison: Council, any questions for Caleb that maybe -- or things that you would like him to repeat that you may not have heard or do you understand the -- Beret: Yes. Mr. Mayor? Simison: Councilman Bernt. Bernt: Caleb, can you -- can you repeat what you said in regard to the noticing, please? And in regard -- yeah, to the noticing and also if you can repeat what the details are with the -- the neighborhood meetings. Hood: Sure. I apologize if that other microphone you couldn't hear me. So, city code does require that -- Bernt- Way better. Hood: Okay. That an applicant for in-home family daycare with six or fewer children do invite all properties within the exterior boundary of the property that are within a hundred feet to a neighborhood meeting to explain that they are going to -- their intent is to apply with the city for such application. After and if staff approves that application, the city, then, sends a notice to those same property owners that are within a hundred feet of the property notifying them that we have recently approved that application and that there is an appeal period. So, that's what you have here is that -- that notice was sent out by the city after the approval was granted and, then, we received an appeal of that decision. Hoaglun: Thank you, Mr. Hood. Mayor Simison stepped out briefly. Are there questions for Caleb? Perreault: Mr. Mayor, this is Council Woman Perreault. Can you hear me? Hoaglun: Yes, Councilman Perreault. Go ahead. Meridian City Council March 24,2020 Page 51 of 72 Perreault: I have a question for Caleb. I noticed that the letter that the city sent out allows for appeals prior to January 17th, but the letter that we received from the applicant came in I believe on January 22nd. Hood: Yes. Let me address that. So, we had -- actually, a couple of things. So, we -- we were in contact with Mr. Frazier within the 15 day appeal period. He did provide us the information for the appeal. We informed him that there is a cost, because we send the notice out and all that, so there is a cost to notice the public hearing for this meeting. We also had a question of our legal staff about posting the site, so this is one of those UDC changes that you will be seeing forthcoming. Our code wasn't real clear and having an appellant post on someone else's property, I could figure that the original applicant wouldn't want that in their front yard. So, we had a question for our legal staff in the interim. So, he got his application in within the 15 day appeal window. We had a question for legal about how we -- where do we actually put this public hearing notice of tonight's hearing and so there is a little lag in getting the application fee, as well as figuring out where to direct the appellant to put the notice, the public hearing sign. Hoaglun: Any other questions from Council for Mr. Hood? Cavener: Mr. Vice-President? Perreault: Mr. Mayor? Hoaglun: Go ahead -- go ahead, Council Woman Perreault. Or is that -- Perreault: One more question. I notice that the address labels that are in the file for public record don't match all the addresses that are on the vicinity map. There is fewer address labels than there are on the vicinity map, so I was wondering if Caleb could address that as well. Hood: I did not actually look into that, but I'm going to speculate. So, there are -- and I can verify this maybe while the appellant is -- is giving testimony. But if there are multiple properties owned by the same individual we will only send one notice. So, I imagine that the development company owns one or two or three of those lots, so we only send them one notice. Or the HOA owns one or two or three parcels and so we only send them one notice. I can verify that. I saw that we -- there were only, yeah, five, six, seven notices that went out, but there are on the map more properties highlighted than that. But I didn't look any further than that. I -- maybe the city clerk could even verify that, but I imagine that's what happened. Hoaglun: Councilman Cavener, question? Cavener: Caleb, this is the first time I remember one of these things kind of happening. So, help me understand the process. You, as the director, approve after the application and, then, if the public has -- if they disagree, they are not in support, then, they have to Meridian City Council March 24,2020 Page 52 of 72 file the appeal and, then, pay to, then, communicate that back out to the public. Am I tracking right? Hood: You have summarized that accurately, yes. Cavener: Caleb -- sorry. Mr. Vice-President. Caleb, what's the cost that we charge somebody to do something like that? Hood: It's in the neighborhood of six or seven hundred dollars to appeal the City Council review of an application. I don't remember exactly. I don't have the fee schedule in front of me right now. There may be a receipt on here. It's -- it's somewhere in that neighborhood. Cavener: It's a lot of money. A lot of money. Okay. That -- Hood: The appellant could probably know. He wrote the check here this -- in January, so, sorry, I do not know that off the top of my head, but it's in that ballpark. Hoaglun: Unless there are further questions, we will call the applicant up to provide testimony. And as per record, state your name and address for the record and go ahead and tell us your story. Frazier: All right. All right. Thank you very much for letting me be here. My name is Nick Frazier. I live at 5337 North Maplestone Avenue here in Meridian. So, some good questions on process. So, let me just start by saying what this process has been for me. So, I received a letter in the mail saying your neighbor -- directly neighbor has been approved to have -- run a -- a daycare business and if you disagree -- like if you want to -- if you don't want to live next to a daycare, then, write us --write us a letter and say why and so I did that and, then, they said, hey, this is great. We got your letter. Now, send us 700 dollars. Also here is some other forms you need to do and you need to post a four by four sign in -- in your front yard, which is about 12 feet wide, and have it there for two weeks. And you need to get that -- notarized that you are posting that sign. So, I will say that this process has been seriously a little backwards. It felt like the burden should be more on the person that wants to run a childcare business that they meet all requirements, other than any neighbors. But that being said, I will leave that to the Council for another time. So, I will bring in my phone, because I do have some notes on the -- on the Unified Code, so, please, forgive me. So, I do live right next door. These are pretty fairly small lots, so there is, essentially, 15 feet between me and the neighbor. Essentially eight feet between my house and their yard. But largely the issue is they don't meet a lot of the standards, to my understanding of them. So, there are requirements for having this daycare facility. They are required to have on-site vehicle pick up, parking, and turnaround areas. They don't have those. They are required to have so much on -- on -- non-on-street parking, which, again, they don't have. They didn't have this -- this meeting and I guess it's just okay for them to -- you know, obviously, they didn't, because if they did I would -- we would have, you know, had this discussion way before now. In addition, I -- my lot is right next to theirs, there is no fence between, you know, our front Meridian City Council March 24,2020 Page 53 of 72 yards, so if a child comes into my yard and hurts themselves I am liable for any physical damage to that child. So, I am very concerned about my liability -- my legal liability having children, you know, in -- so many children running around in the front yard. And, then, also there is just a concept of which -- which I learned today is quiet enjoyment, that a person is -- has the right to quiet enjoyment of their home and so if I'm living eight feet of a daycare I just don't think that I'm going to be able to have that and that's a pretty-- pretty big concern of mine and that's why I would spend the money that -- that Councilman Cavener recognized. Thank you. Any questions for me or -- Hoaglun: Thank you, Mr. Frazier. Appreciate it. Questions, Council? Strader: Mr. Vice-President, Liz Strader had questions. Hoaglun: Council Woman Strader, go ahead. Strader: Actually have two questions, Mr. Frazier. Thank you for coming before us. My first question is give me a sense for your total lot size relative -- you know, relatively speaking, and maybe your neighbor as well, just so I can get a feel for the size of -- I guess the potential daycare facility next to you and how that-- how close that is and, then, you know, do you have a fence between your backyard. My second question -- and, oops, I have a third question. I will get it out where people can hear me, because I'm on the phone. Have you tried to sit down with your neighbor directly to talk about your concerns? Frazier: Okay. So, as the lot size, I think my lot is actually one of the bigger lots, so I think my lot is about like 70 feet by 100 feet. I think their lot is quite a bit smaller than that. But I guess I would say -- I could be wrong on -- on some of that. There is a fence -- I did -- I did have a fence put in around my backyard some months ago. So, we do have --we do have a fence and I -- and I have not spoken to the neighbor. Hoaglun: Any other questions for the appellant? All right. Thank you, Nick. We will be hearing back from you a little bit later. And would you like to come up and -- and state your name and address for the record, please. And talk directly into the mic. Marsh: Mayor Simison and the Council and other distinguished individuals, thank you for allowing me to speak. My name is Ranaye, spelled R-a-n-a-y-e, last name Marsh. M-a-r-s-h. I am here in support of Nick. I only met him today, but I have seen the sign in his yard every day as I pass to go to my mailbox. I walked my dog and I go by the front of his house and the individual requesting the daycare and I can't go the other way very well because of all the construction going on, so I do walk by these people and everything that's been said is correct. They have three cars in their driveway at all times. I can't say at all times. That's a generalization. But pretty much all the time they have three cars there and they have a basketball standard, which is temporary, which has been mentioned and according to certain guidelines by the development right now that is not allowed, but it has not been addressed, nor has it been removed. I can't say that I didn't receive notice, because I didn't live there when this was all taking place. I have been in my home for Meridian City Council March 24,2020 Page 54 of 72 about three weeks. But my backyard looks directly across into those -- the backyard of those who are applying for the daycare and Mr. Frazier is correct, he has one of the larger size, but still all of our development have very small, close lots and so everything that he said I stand behind him a hundred percent. I agree that he is -- he has done everything that he can, in my opinion, to make this work. He has not been out canvassing the neighborhood. I found it by Sandy Cameron that wrote one of the notes I found out that this was going on and when I did I tried to send you an e-mail, but I can't because I have no internet yet, it's not working, so I came tonight to stand beside Nick and say, please, address his concern appropriately, because I feel it's a very valid concern. Thank you. Hoaglun: Thank you, Mrs. Marsh. Any questions for her? No? Is the original applicant -- not to this case, but for the daycare, Mrs. Songe present? Mr. Hood, any -- any message from -- from Elizabeth Songe on her submitted documentation and the request for the daycare? Do we know why she is not here? Hood: Mr. Vice-Chairman, I have not heard from the original applicant. Hoaglun: Thank you. Bongiorno: Mr. Vice-President? Hoaglun: Yes, Chief Bongiorno. Bongiorno: While we were sitting here I pulled up the preliminary plat and the plat for Jump Creek. I know Council -- one of the Council Women, I'm not sure which one, had a question about the lot size and it looks like those lots are 70 by 100, according to the preliminary plat. Hoaglun: Thank you, chief. Appreciate that clarification. Cavener: Mr. Vice-President? Hoaglun: Councilman Cavener. Cavener: So, I kind of started -- this is -- this is unique for us. We rarely have something like this and it's even more unique that the original, I guess, applicant for a daycare isn't here to speak to -- or my questions about did a neighborhood meeting occur, did it not. We received a couple pieces of correspondence that says that it's not. They are not here to say you did and here is the people who are here, which makes it tough to say, yep, this person or that person, so -- I don't know. I guess, Mr. Nary, help me understand what our action is here tonight is to either uphold the appellant's request, which would be to deny the approval of the director -- am I understanding that correct? Nary: Mr. Vice-President, Members of the Council, Council Member Cavener, yeah. So, your -- your actions tonight are either to approve the appellant's request, as you just stated, or deny it. If -- one of the bases, obviously, that I have heard is the noticing of a Meridian City Council March 24,2020 Page 55 of 72 neighborhood meeting. It is in code. It is -- it is specific in code in relation to the neighborhood meeting. It has to be -- it has to be noticed within a hundred feet. You have a person who lives adjacent -- in the adjacent property who stated that he never received any notice. I agree with Mr. -- Mr. Hood, there has always been an issue about these smaller applications and signage and we are trying to resolve that in some rewrites. So, whether or not she met a signage requirement I can't tell you that she didn't, but if she didn't have a neighborhood meeting, then,technically, her application should not have been accepted. Or if she did -- and I will just say inadvertently told us she tried to and no one was interested, that's still not the requirement. The requirement is you have to show that a neighborhood meeting was offered and nobody came and usually you will see a sign-up sheet, something like that, day, time, that kind of stuff. So, you would see that. I would add for the record -- maybe also just for some educate for the public, as I'm probably the expert here on daycares. I mean they are intended for residential neighborhoods. So, I mean it is for these types of neighborhoods that we will allow them for that. We don't consider them to be commercial properties and we don't consider them to be a commercial business. We make it very very low key on how they can be advertised and signed and all that, so that issue -- I just wanted to educate you that that was, obviously, a concern of neighbors, but, definitely, it is a fatal flaw if the neighborhood meeting wasn't held. Cavener: Mr. Hoaglun, a follow-up question, maybe, to Mr. Hood. Hoaglun: Councilman Cavener. Cavener: Caleb, if -- if a neighborhood meeting did occur and the neighbor said, yeah, we don't -- we don't want this in our neighborhood, what happens at that point? I mean is the request to have it, but not to take the feedback? Sorry, you're getting your steps in tonight. I apologize. Hoaglun: Mr. Hood. Hood: Thank you, Mr. Vice-President, Councilman Cavener. Yeah. The requirement is to just invite those within a hundred feet. If they attend or don't attend -- let's say they attended and your scenario, right, and they don't like the idea of that daycare, it doesn't mean that you can't still, then, apply and even receive approval for that. Kind of to Mr. Nary's point, these are allowed as an outright use and there was a question I think earlier by Council Woman Strader be a good neighbor, though, go and talk with your neighbor, see if they have any concerns about you opening this quasi-business, although we don't consider it a commercial business, it's a neighborhood service type of thing; right? It's a hybrid. And I can't tell you how often that happens. Hey, I maybe want to open a daycare. My neighbors don't like it. I'm stepping down. Or I don't care, I'm not going to be a bad neighbor, I'm going to press forward with this and you can appeal it if you like. But that's the process. We just -- we are almost requiring them to try to be good neighbors and at least talk before applying. That's what our code does. Cavener: Okay. Thank you. Meridian City Council March 24,2020 Page 56 of 72 Hoaglun: Councilman Cavener. Cavener: Mr. Hoaglun. I think that -- that answers my questions for Mr. Hood. A follow- up question maybe, then, back to Mr. Nary. I was surprised, even though maybe I shouldn't be, that there is a cost to appeal this decision was to me I think fairly high and I recognize that's to cover the cost of the city and the services. If-- if the Council wanted to entertain refunding those fees to the appellant, is that an option that we are able to explore and under what grounds could we do that? Nary: So, Vice-President, Members of the Council, Council Member Cavener, it's certainly within your purview. I generally discourage those for simply the reason that they are too high. Almost everyone will say every one of our fees are too high, no matter what they are. So, that's probably not a fair basis, because you would, then, have to apply that in all cases. These are appeals of all types from -- from the -- either staff or Planning and Zoning and there are various fees for the types of approval. So, I would be hesitant if it was simply just for the cost. If, for example, you determined that it is -- it is -- has not been proved that the neighborhood meeting was held, therefore, the application was flawed in the -- in the application process, then, that's a fatal flaw on the applicant and, therefore, refunding the fees for the appeal would be more consistent with other -- other situations, very rare as they are where we refund fees. Cavener: Mr. Hoaglun, a follow-up if I may. Hoaglun: Councilman Cavener. Cavener: Mr. Nary, then, if that was the basis that the Council found, should that be a separate motion or could that be included in the motion to uphold the appellant's request? Hoaglun: Mr. Nary. Nary: Thank you, Mr. Vice-President, Members of the Council, Council Member Cavener, I think to be cleaner I would prefer that it be two separate motions and two separate votes on that issue. It certainly can be -- again the basis of the -- of the one decision and -- and, therefore, the basis of the second, but I think it would be cleaner for the record if we had two. Cavener: Great. Thank you, Mr. Nary. Thank you, Mr. Hoaglun. Hoaglun: Any other questions from Council? Perreault: Mr. Vice-President? Hoaglun: Council Woman Perreault. Perreault: Is the applicant still available to answer questions? Meridian City Council March 24,2020 Page 57 of 72 Hoaglun: The -- yes, Mr. Frazier is here. Mr. Frazier. Perreault: The appellant. The appellant. Excuse me. Hoaglun: Could you repeat that, Council Woman Perreault? Perreault: I meant the appellant, not the applicant. Mr. Frazier, would it make any difference if the neighbor had six of their own children versus the daycare? Tell me in -- in your opinion what the --are the concerns primarily that people will be coming and going and dropping their children off -- children off and there being parking or -- I mean if the neighbor happened to have six of their own children I'm not sure that the noise would be different in the backyard or that there would be more or less concerns from liability in your front yard. Can you share some thoughts for me on that? Frazier: Yes, Council Woman. So, you are -- you are correct. I think that is the -- I think legally is the concern is the parking and I will say like, yeah, if they had six children of their own -- that's life. You know, I would have the same situation, but, you know, that -- that's not the situation. They don't have six children. So, they do have children being dropped off and, you know, these people are parking, you know, up and down along the street and they are driving around the block. So, I guess there is the -- the scenario, yeah, you could argue like, yeah, if they did have six children I would just have to just accept that. I mean that's just -- that's life. Hoaglun: Mr. Frazier, I have a quick question. It's kind of an awkward question, because I would rather be asking the original applicant to answer this. Do you know how many children they have? Frazier: I don't. Hoaglun: Okay. It's an odd question, because they talked about no more than six, including our own, so I'm just making an assumption, oh, they have already got kids, but I didn't -- I didn't know, so --yeah. Like I said, that's awkward, because you are not -- you can't speak for her, but it's an unusual situation as you can imagine, so -- Frazier: I totally understand, Councilman. Hoaglun: Any other questions from Council? Mr. Frazier, thank you. Would you like -- oh. Strader: Sorry, I -- this is Liz. Hoaglun: Council Woman Strader, go ahead. Strader: I -- I apologize. It's not -- it's not a question for the appellant, it's a question for staff. I just want to circle back if we made an attempt to contact the original potential daycare owner about the public hearing and that we were able --just to confirm that. Meridian City Council March 24,2020 Page 58 of 72 Hoaglun: Caleb, go ahead. Hood: Mr. Vice-President, Council Woman Strader. Hopefully, you can hear me. Yes, it's my understanding that Joe Dodson in my office, who prepared the memo for this evening, did contact Ms. Songe or someone else that was representing the applicant and made them aware -- shared the staff memo and they were aware at least of the hearing this evening. So, I don't -- I don't know where they are at, though. I did not -- I did not personally talk to them. Hoaglun: Council Woman Strader, any follow up? Strader: No. I guess my only follow up -- and maybe it's not a question, it's more of a comment, and certainly we are in unusual times with people not wanting to be in a public meeting and I'm sure later we are going to talk about how we are conducting our future meetings and how people can access them. I just -- it does make me a little bit nervous, just making sure we really felt like we did reach out and give them the opportunity to join on the telephone specifically. I just want to check that via the teleconferencing option style, since the meeting was made as an option to the daycare -- potential daycare owner. Hoaglun: Thank you, Council Woman Strader. Any other questions or comments from Council? I'm going to have Mr. Frazier, if you want to wrap up. Frazier: Thank you very much. So, I just wanted to make maybe a comment and a question. So, I will say that there has been a four-by-four foot sign in my front yard for the past ten days that stated when the meeting was going to be. So, I think that the -- Ms. Songe had -- had plenty of notice about -- about the meeting. I don't mean to sound bitter. And if at all possible I would like to ask the question to Mr. Hood I believe your name is. Is there a provision to -- I guess verify that Ms. Songe meets the requirements as far as parking and those things? Because I think if-- if they meet those requirements -- like if the Planning goes out there and verifies that, yes, this -- all these requirements are met, then -- then, I don't have any standing and at the end of the day I just want rules to be followed. You know, I followed all the rules to be here and I just want that other people follow the rules and I just felt like in this circumstance rules weren't being followed. Hoaglun: Mr. Frazier, thank you for that question. I would ask Mr. Hood to come up and -- and respond to the questions about the parking and the process. Hood: No, that's -- it's a good -- Johnson: One second. Sorry. Before Caleb starts to talk about did Ms. Songe get notified, she actually also did get sent a postcard to her address about this hearing. So, aside from the sign she did receive the legal notice we send out to neighbors. Hoaglun: Thank you, Mr. Johnson. Appreciate that update. Mr. Hood. Meridian City Council March 24,2020 Page 59 of 72 Hood: So, it's a good question and, yes, we do verify. Some of the standards that you will find in code, though, are -- we put you on notice you will have to comply. So, if you violate later we have code enforcement officers that will go out and send you a letter saying, hey, remember we told -- we gave you approval, so some of those things -- like parking we look at upfront. So, in this case we look at the size of the home, what area is going to be used for the daycare and verify that -- at least on paper. Now, how they are using that-- if their garage is full of stuff and not cars, we don't do that type of investigation. But we look at the floor plan and we can see that in a four bedroom home you have four car parks, plus an extra two. That's six cars. So, three in the pad out front and, then, a three car garage. So, by code you comply with the additional requirements for a daycare. Now, how they are used -- you know, that is something that we don't as Planning look at. But there is -- we do review a site plan, we do ensure that the fencing is put up to -- you know, in -- in this case they didn't -- hadn't sodded their backyard and they had notice that -- in their application, hey, when this gets sodded we will have kids back there, but not until. But looking at the fence and require a solid, nonscalable fence to be installed. So, some of it's done, again, to verify that out the gate some of those base standards are complied with and, then, ongoing conditions will need to be complied with and if there is a concern after approval, then, again, we have a code enforcement arm of the city that can go out and do an investigation and send a letter as appropriate and -- and deal with the neighbors that way if there are -- are concerns that way. I do -- where I thought that question was going to go initially is the verification of the neighborhood meeting and for that we -- and there are a couple of things in here and I -- and I don't know if it happened or not. I can -- we only go off of what is submitted in the application. But nothing in that led us to believe that that didn't happen. She stated in there that she held it on 11/21 and no one showed up and that she talked to a couple of close friends or something like that about it and they -- they didn't have any concerns. So, we do require a sign-in sheet to be had at that meeting and she turned that in and just handwrote on there no one came. Now, did she send out the notice to everyone within her -- I don't know. Some of that's a little bit the honor system. We don't require that to be sent by certified mail. So, there is a little bit of-- again, we trust people will --will notice their neighbors. Hoaglun: Thank you, Mr. Hood. We do -- we do that for other developments and I know we have to. Caleb, if you want to wait, I think Councilman Cavener has a question. Councilman. Cavener: Mr. Hoaglun, thank you. Just trying to save you the trip. Caleb, the -- the original applicant Ms. Songe, there is nothing that prevents her from resubmitting at a later point in time; correct? Hood: That's a good question. I know in a section of our code we do have-- if something's denied you can't -- you have to make substantial changes to something before you can resubmit it or wait 12 months. In this case where there was an original approval -- and I don't know what your decision is going to be tonight. We would have to look at that and see if that section of code applies in this case, but typically for a development application you either have to make substantive changes as determined by the director or wait a year to reapply for, essentially, the same application. Meridian City Council March 24,2020 Page 60 of 72 Cavener: Okay. Thanks. Hoaglun: Thank you, Caleb. Any other questions, Council Members? Cavener: Mr. Hoaglun? Hoaglun: Councilman Cavener. Cavener: I -- unless somebody else has anything they want to say, I move that we close the public hearing on Item 7-C, Frazier Council Review, H-2020-0011. Hoaglun: Is there a second? Strader: Second. Hoaglun: We have a motion and a second to close the public hearing on H-2020-0011. All those in favor signify by saying aye. All those opposed? The ayes have it. Motion carries. Cavener: Mr. Hoaglun? Hoaglun: Mr. Cavener. Cavener: I guess I'm going to intend to make two motions here. My first will be that we grant the appellant review of H-2020-0011 and find in favor of the appellant. Hoaglun: We have a motion. Is there a second? Bernt: Second. Strader: I will second. Hoaglun: We have a motion and a second to uphold the appellant's appeal of the approval of director's approval of accessory use of daycare. Any -- any questions or discussion of the -- of the motion? Strader: Mr. Hoaglun? Bernt: Mr. Vice-President? Hoaglun: Councilman Bernt. Bernt: Thank you. I -- I wish that the -- the -- the daycare owner was here. I would really like to ask questions. I'm actually quite surprised -- I hope everything is okay. I hope that they didn't have an emergency this evening that prevented them from being here. I hope that all is -- all is well in their household, especially during these trying times. If it were Meridian City Council March 24,2020 Page 61 of 72 me I still would have, you know, reached out or had someone else reach out. It sounds like that the -- she's had plenty of opportunities to know that this meeting was tonight, that we would be discussing this. Because she is not here and because she's not able to provide the information or, you know, at least answer questions that we have, I -- I will be in favor of Mr. Cavener's motion. Hoaglun: Thank you, Councilman Bernt. Any other comments? Questions? Hearing none -- Strader: Mr. Hoaglun, it's Liz. Hoaglun: Council Woman Strader, go ahead. Strader: Yeah. I would echo the same comments and just say like, you know, I have an expectation if you want to run a daycare business you should be a good neighbor and ask your neighbor and check if you have any concerns and, you know, sit down and work those out and I'm disappointed that that didn't happen and that's part of why I support Mr. Frazier's appeal, basically, of this -- the daycare. Hoaglun: Thank you. Any other comments? Hearing none, we will have the city clerk call the roll. Roll call: Bernt, yea; Borton, absent; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Councilman Cavener. Cavener: Mr. Hoaglun. Because I find there is enough compelling information to at least demonstrate that it's very unlikely that a neighborhood meeting occurred or if one occurred that no one was invited to, I would move that we refund the appellant's fees -- according to the clerk it's a dollar amount of 692 dollars to be refunded back to the appellant. Hoaglun: Is there a second? Strader: Second. Hoaglun: We have a motion and a second to refund the fees for this appeal. Is there comments, discussion on this? Cavener: Mr. Hoaglun? Meridian City Council March 24,2020 Page 62 of 72 Simison: Councilman Cavener. Cavener: I will just speak to it and it's -- it's two part. Mr. Nary did a great job. We don't do this just because the fees are too high, that's a conversation I think for another day and one that I hope maybe that we could have a conversation about at a future time. I worry sometimes that that fee would prevent other people from being able to engage in the process around this. But in light of the information around the -- specifically the neighborhood meeting, which is, again, disappointing that we can't find the reason about that tonight, I think that's a satisfactory grounds to be able to refund that back for the appellant. Hoaglun: Thank you, Councilman Cavener. Any other questions or comments from Council? Johnson: Mr. Vice-President? Bernt: Mr. -- Mr. Vice-President? Hoaglun: Councilman Bernt, go ahead. Bernt: Thank you, Mr. Vice-President. Just a quick question to Bill,just to make sure that on legal grounds we are okay. Hoaglun: Mr. Nary. Nary: Mr. Vice-President, Council, Council Member Bernt. I'm very comfortable with the fact that if the basis of the motion, which is what I heard, is that the applicant failed to follow our process and we have no evidence to show that it was complied with, that's really -- that's on the applicant and I have no concern with it -- with a refund for that purpose. Hoaglun: Thank you, Mr. Nary. Bernt: Thank you, Bill. Nary: You're welcome. Hoaglun: Any other questions or comments before we vote? Hearing none, Mr. City Clerk, please, call roll. Roll call: Bernt, yea; Borton, absent; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council March 24,2020 Page 63 of 72 Hoaglun: Thank you, Mr. Frazier, and thank you, Mrs. Marsh, for coming. Appreciate it. Where we are typically done -- go ahead. Come on -- come on up. You can -- we will let you I guess have the last word. Cavener: The Mayor stepped out. Hoaglun: Yes. Thank you. Forgive my lack of decorum. I -- I just wanted to say, you know, even if-- even if you didn't find in my favor, you know, this has been a very pleasant experience for me. I mean the 700 dollars in the process not so much, but being here tonight and, you know, interacting with my, you know, city government, like I said, even if it didn't go my way, you know, thank you very much, especially you, Councilman Cavener, but as well as on the phone some very smart questions. So, forgive me. I'm not trying to brown nose, I just want to say thank you. Hoaglun: Thank you, Mr. Frazier. We appreciate that and -- for your involvement and for taking the time to do it. That's --we are here to serve and try to make the right decisions that we can and -- and just glad we could -- we could work it -- work it out on this one. So, thank you. D. [Amended on to Agenda] Council Discussion Re: Process for Public Meetings During Social Distancing Order Hoaglun: We do have Item 7-D on the agenda -- we had added to the agenda about future presentations and applications and I think Councilman Cavener, if you want to kick us off on that and kind of talk about -- since we are in unusual times and -- and different situations and how we go about the process and meeting, so I will give you the floor. Cavener: Thank you. Council Member Hoaglun. And I know the Mayor had to step out, but I feel real confident he will -- he will watch this meeting -- this part as well. Council Member Hoaglun, to your point, these are uncertain times and, you know, a week ago we -- we implemented social distancing in our Council and now we have got Council Members that are calling in from home and every day things are changing and I grow more and more concerned about our public's inability to feel like they can come and participate in this process and -- and I'm not sure what solutions we have explored or can explore or are willing to explore to open the doors for better public engagement, whether from the comforts of their own home, the parking lot, a separate room -- I don't know. But I know that I have had the opportunity this week to talk to members of the public, folks who we see in this chamber on a regular basis and, unequivocally, all of them said delay this stuff as long as you can and I think the Mayor and his staff have done a great job of pulling out all the things that we are not legally required to hear. But what I don't know -- and this is I think maybe a question for Mr. Nary and I -- and I wish the Mayor was here so he had the chance to chime in -- is do we have an opportunity right now to place a temporary moratorium on annexations and -- and the reason for that is is those are the ones that I see typically bring a lot of the members of the public in and I'm not -- and I can't believe I would owe somebody a cheeseburger to say that I'm -- I'm suggesting that we place a moratorium on -- on development, but I worry about just the disservice that Meridian City Council March 24,2020 Page 64 of 72 we are doing to our citizens by having this barrier that we didn't create impact their ability to participate. So, I guess that's my first question. Is that something that we can look to do? Nary: So, Mr. Vice-President, Members of Council, Council Member Cavener, possibly. The problem with it is you have to have a public hearing to do that. So, from the practical standpoint it doesn't work and let me -- let me add something to the record. You and I had this conversation. But the only reason we are having meetings is because the public meeting law is still in effect. The governor has the ability to suspend that. He has not done that. He has only done it in relation to who can access the interior of the room and right now the governor has issued an order that allows cities to prohibit the public from entering the meeting room and -- but still requires at least one member of the body, the commission or the council, to be present in the room. Everybody else can be on the phone. So, I know we have had a lot of public saying just cancel the meetings, and legally we can't. If they are noticed we have to have the hearing. The appellant or the applicant has a right to be heard and a right for a decision. If you don't have enough information to make a decision, obviously, you can continue the matter, but we -- there is nothing in the code that allows us to continue it because we have a pandemic. Obviously, no one ever anticipated that. We are on the front end trying to slow down when they get scheduled, because that's really the key is if we can address them at the Planning and Zoning level for applications and -- and space out or slow down or wait until information is completed and not look to put them on the agenda as quickly as we have in the past, that's an opportunity to slow the -- I don't want to say slow the curve, like everybody else, but to slow down the pipeline, because the way our code reads once it's heard at Planning and Zoning and a final decision is made, it's 70 days to bring it here in front of the Council. Again, they all require notice and, again, we are looking at alternatives. Mr. Johnson probably could help add -- we tried a telephone town hall method for the public -- or Planning and Zoning last week. It was very last minute, because everything's last minute right now and the intent of that was to try to see would that work. It functioned really well. We didn't have a lot of people use it, because they didn't know about it. So, if we were to use that method for future meetings, it appears to function pretty well. It's a little more staff heavy to use it, but people can call in, they can watch the meeting on their -- in their car, on their phone, or wherever. They can call in. It's pretty good. And, again, Mr. Johnson knows more about it than I do. It's a little expensive. So, there is a cost that comes with that, like everything, but that's a solution. Again, the business of what the city does has to go on. So, the paying bills, approving easements, approving development agreements, all those -- all of your Consent Agenda items we would like to continue to do, because, otherwise, we are slowing down everything on things that really don't have the necessity for public input. So, we are trying to do that, but those are tools that might be eligible. We have a large hearing for Planning and Zoning with a lot of people interested in attending on April 16th. That's why we tried the telephone town hall. That might be a tool and if the decision by the Mayor and the Council is to use that tool, we know the cost is going to be large to do that, we can, then, notify the public earlier. Hopefully, you get a lot of people to use that method. Certainly in that particular hearing a lot of the folks that we are contacting us wanted to be physically here. As you can see Meridian City Council March 24,2020 Page 65 of 72 in this room, social distancing is a challenge. Even in the lobby it's a challenge. But we are finding it's a challenge everywhere. So, it's not like it's just unique to us. Hoaglun: Thank you, Mr. Nary. Other questions, comments, from Council? Discussion? Johnson: Mr. Vice-President? Hoaglun: I'm going to have Chris Johnson, City Clerk, speak first. Johnson: Just to add in for everyone's benefit, we have already noticed four hearings for the April 2nd city -- or, sorry, Planning and Zoning Commission. One hearing for April 16th, that's the Delano project, with the heavy public input and we have noticed three additional hearings for April 23rd Planning and Zoning. So, those are all already noticed to the public and in the pipeline to be in the newspaper and, then, you have four public hearings before this body on April 7th that are land use related and that's the furthest out we have noticed for City Council. But everything that is in the pipeline April 2nd, 16th, and the special meeting on the 23rd, those will all start that clock, which will bring them up for City Council as well. I can also address briefly the telephone town hall. We pay on a sliding scale based on the number of listeners. We also have to have additional staff on site to handle the incoming calls and to screen those. We paid 650 dollars, the city did, for the Planning and Zoning Commission meeting when we held it last Thursday. We had four listeners at any given time and only one person came through to speak. It worked beautifully, but we had that cost just to do that. If we have more listeners that cost will go up. If the meeting goes longer that cost will go up. Hoaglun: Thank you, Mr. Johnson. And just to speak to a telephone town hall. Previous job I had working for a U.S. Senator, we held telephone town halls with thousands of people around the state being able to interact, albeit, you know, it's a little more limited and you certainly had time limits and those types of things, but it -- it does work. It's a little more work for staff, definitely, but it's something that is worth exploring and sounds like you have. So, it is an option. We don't know -- our next Council meeting is in two weeks, April 7th. We don't know where we are going to be in terms of this pandemic that we are dealing with right now. I know -- I work for an organization that operates around the world and I just want to say I am glad we live in the United States of America, because the infrastructure that we have is -- while -- while there is a lot of concern about hospitalization and medical care, we are way far and above what so many other countries have. When you have a city in Africa of 15 million people and you have three respirators total in that city, you are looking at some serious, serious fatalities. I think--was it Council Woman Perreault wanted to speak? Perreault: Yes. Thank you. I -- I'm not familiar with the telephone town hall and how it works and I apologize if I missed that explanation. Hoaglun: I think if it's -- Perreault: I mean how it works for us and for the public. Meridian City Council March 24,2020 Page 66 of 72 Hoaglun: Yes. It works both ways and I think what would be best is if Mr. Johnson could send out information to everybody via e-mail about that system, because it -- it is unique and if -- with the way we are communicating tonight may not be the best time to explain it. So, we will just I think have him send out that information, if that's all right with you. I think it is an option worth taking a look at and I think, Councilman Cavener, you may have had some experience with it, but it's worth I think exploring. Nary: And Mr. Vice-President? Hoaglun: Yes, Mr. Nary. Nary: If I could add one more thing. We did look at the lesser options like Go To Meetings, Zoom, some of the other alternative apps and programs that exist out there. In talking with Mr. Tiede, the sound system here wasn't designed to use that, so it's less interactive. So, that's why we went to the telephone town hall, because it allows an interactive meeting and that person to testify in the body to ask questions and have the interaction that we really think is important for-- for that. So, trying to call in is very limited as we can see tonight. That's certainly an option, but it's very limiting as well. But, again, there is some staff and cost to the program, so that's just the reality of that. But I know the Mayor would like to continue exploring that. Hoaglun: Thank you, Mr. Nary. Council Woman Perreault, will that work? Perreault: Yes. No, that's fine. I will look for -- I will watch for that e-mail. I -- so, just a couple of clarifying questions for Mr. Johnson perhaps. So, is there a possibility afterApril -- the April 7th meeting that we might be able to postpone any further public hearings? Is that what I'm understanding that -- that P&Z has all of their schedules for the rest of April, but perhaps we might be able to postpone a few? Hoaglun: Mr. Johnson, go ahead. Perreault: For City Council. Johnson: Mr. Chair, Mrs. Perreault, that is correct. We still have that timeline we are up against for anything coming out of Planning and Zoning that will have to be put in front of City Council, but they can basically not schedule anything after April 23rd, if that's what they are directed to do and, then, those would just sit until we get the clearance to start scheduling those again. I have been working with planning staff. Bill Parsons specifically sent sort of a timeline out of what we could schedule based on current applications that have already come in and trying not to delay those. The direction of the Mayor and Council President Bernt last Friday was to limit Planning and Zoning when possible to no more than three hearings and only one hearing if it is a larger project, for example, an annexation and zoning project. So, Bill Parsons put together a great timeline that would limit those, but, of course, we don't know what -- what tomorrow brings, of course, so we are kind of at the mercy of what this body wants to do and -- and how applications come into Planning. Meridian City Council March 24,2020 Page 67 of 72 Hoaglun: Thank you, Mr. Johnson. And I think -- Strader: So -- Hoaglun: Go ahead, Council Woman Perrault. Strader: This is Liz. Hoaglun: Oh, sorry. Perreault: Oh, I'm sorry. Hoaglun: Council Woman Strader. Strader: Oh. If that's okay. I appreciate Councilman Cavener bringing this up. I have very deep reservations about the idea that anyone is endangering their health to attend a public hearing and I'm also concerned about these kind of mitigating ideas that, you know, maybe we will limit the number of meetings or we are doing certain things that we can, but I don't feel like the town hall alternative has been adequately publicized for people. People have reached out to me frustrated that they don't know how to access it. They don't understand what the alternatives are. I would hate to stop business, but I really think our priorities should be public safety first and foremost and I would be supportive of a pause on all of these public meetings until we can get the system rolled out for people to access and widely publicize how to use it. I think that that is the right -- the right thing to do. Hoaglun: Thank you, Council Woman Strader. I might have Mr. Nary jump in on this. Nary: Sure. Members of the Council, so, again, some of the business things we would prefer to do, because it does keep the city moving. We are doing exactly that, Council Woman Strader, in trying to delay anything. We can't delay what's already been noticed. That's -- that's the issue. Anything else we are trying very hard to push out. The things that are going to get heard say in April are probably not going to get to you for 65 days. I mean in all reality. So, we are going to push them as far as we legally can. But, again, we don't have abilities to simply cancel meetings with the way the code is currently. The other thing that we are doing, just to make you aware, the public records law still applies. It has a three day turnaround with a ten day exception. We have to comply with that. So, we are still having to do that type of work when we get requests for responses for that type of stuff. So, we are --we are handcuffed by the code and we do have to meet those legal requirements in state code. Hoaglun: Thank you, Mr. Nary. Strader: Mr. Hoaglun, a follow up. Hoaglun: Go ahead, Council Woman Strader. Meridian City Council March 24,2020 Page 68 of 72 Strader: I guess, Mr. Nary, I would be curious to explore under our emergency declaration if we don't have the ability to cancel those meetings, given that it is an emergency? Nary: We do not. We have already done that. We do not. Hoaglun: So, that kind of-- Cavener: Mr. Hoaglun? Hoaglun: Councilman Cavener. Cavener: Kind of dovetailing on that, Mr. Nary, can -- when you opened your -- your comments you mentioned without action by the governor. So, what -- what action would the governor need to take to give us the ability to do that? Nary: So, thank you. That's a great question, Council Member Cavener. So, if the governor, as he did last week with the public meeting access, if he were to suspend the public meeting law, which he can legally do under his emergency declaration and -- and if he is going to do that he could suspend the three day turnaround for the public records, but that's just wishful thinking. But if the government were to suspend the public meeting law requirements, then, we could cancel the meetings. Hoaglun: Follow-up questions? Cavener: Not yet, Mr. Hoaglun. Hoaglun: Yes, Council Woman Strader? Perreault: No. It's Perreault. Hoaglun: Oh. Perreault: So -- Hoaglun: Go ahead. Perreault: Sorry about that. Other than the individuals that perhaps the Council Members have chatted with in their own sphere of friends and family, have there been any other members of the public that have written in or expressed concerns about not being able to testify publicly? Have we received any letters? I haven't seen anything, but is there anything that's been call -- any calls or any letters that we have received that have expressed concern from members of the public? Nary: So, Council Member -- Mr. Vice-President, Members of the Council, Council Member Perreault, based on individual applications, yes. We have had numerous people -- but, again, the way the Idaho Code reads as long as they have access to participate -- Meridian City Council March 24,2020 Page 69 of 72 and now the governor has allowed us -- and we haven't done this. Other cities have. Allowed us to prohibit access into the meeting room, which this city hasn't done to this point. We -- they still have access. Physical presence isn't required as long as they can participate either in writing or some other -- telephonically, like we have been doing. We haven't done the town hall more than the one time, so that we haven't advertised that yet, because we haven't--we haven't done that yet, besides the one. So, if that's the direction we go, I would recommend we make it very public and very accessible, but right now we are in compliance with the law the way it's currently crafted. Hoaglun: Thank you, Mr. Nary. Any other questions, discussion items on this subject? Bernt: Mr. Vice-President? Hoaglun: Councilman Bernt. Bernt: I echo the same concern that every other Council Member has and the Mayor has and staff and all that who were involved at city hall. It's obvious -- and very important that people understand that our main concern is how we can keep the public involved in the conversation, while having those who are involved, whether it be the public, whether it be the applicants, or those representing the applicant, city staff and elected officials safe. Ultimately that's the most important thing. Up until now we followed the recommendations from the governor, the CDA to CDC and, obviously, it would be my recommendation to -- to continue to do this. Having a conversation about upgrading equipment or taking advantage of other ways in which we can communicate better, honestly, the end of this discussion -- probably within the last 45 minutes to an hour, has been fantastic on the phone. I don't know -- I don't know what the difference is, but this dialogue has been great. I guess, you know, we have done things like postpone nonessential items on the agenda. We have pushed back things to future meeting dates. I'm open to the discussion of where we go from here in keeping the public safe, but-- but also following the directions from our governor, because, ultimately, I think that until he changes the law, the public meeting law, I -- unless we can find a creative or a unique way in which to, you know, keep on going, it's almost that we are -- we have to follow and I believe that we should follow the law that -- that's in front of us. Hoaglun: Thank you, Councilman Bernt. And as Council President I think it's appropriate that as we have ideas or things that we think the city should be following, we will get those -- I know we should get those to you as you have discussions regularly with the Mayor and can represent the Council on those concerns and we will certainly -- certainly do that. Cavener: Mr. Hoaglun? Simison: Councilman Cavener. Cavener: I think -- I think that maybe some -- some suggestions is -- again, maybe a request for either the Mayor or the Council or both. Maybe send a letter to the governor requesting that he suspend the public meeting law requirements. I think that we could Meridian City Council March 24,2020 Page 70 of 72 probably collaborate with a lot of our jurisdictions to the east and the west, perhaps AIC, so that we can be better accountable to our citizens. My suggestion is -- I think we have got to build a better mousetrap for City Council meetings for the month of April and if life gets better and we don't have to use it, that's -- that's fine. But I -- Council Member Hoaglun was saying before the meeting we have got --we got two weeks to try and figure this out. Tonight was okay. Challenging at times. We can try and fix that, but the biggest piece that we have got to figure out is how we are going to communicate this to the public. So, if it's -- if it's telephone town halls for the -- for the month, yes, that comes at a cost, but I think that's a cost that we are capable of bearing and if that's the plan, we want to start communicating that out to the public immediately. This is something that we are going to go and do. If -- again, a suggestion on my part. If applicants are open to continuing things out that, you know, in the past we have got a practice of requiring developers to pay for renoticing -- again, maybe that's something to city is willing to bear the cost of in light of this. So, it's not -- again, it's not very costly, but I just -- those are things that I think that we need to be talking about -- about doing and I assume that staff are doing this -- engaging with our -- our applicants, the development community, who say time and time again they want to be good neighbors. This is the time to step up and be good neighbors and let's slow this process down. Let this pandemic move past us and, then, we can get back to work. Hoaglun: Thank you, Councilman Cavener, for those recommendations. Any -- any others? Strader: Can you hear me? Hoaglun: Yeah. Go ahead. Strader: Yeah. I just -- I am also supportive of writing a letter to the governor. I think we need flexibility right now. We don't know how bad this could get. Maybe it will improve. But I think we need the flexibility to not have certain meetings and I think in the meantime I think the number one thing we could do is to really commit to pushing everything back that we can for a couple of weeks while we widely publicize and figure out what our plan is for the public to access hearings without appearing in person. Council Woman Perrault had asked previously if we have received feedback from the public. It's not part of any kind of official application, but I have received a lot of feedback on NextDoor threads from members of the public that felt that they, you know, are not aware of teleconferencing options and so forth and I just don't think that it's a responsible thing to have meetings where people have to make a choice between appearing in public or they are just not aware of the alternatives. So, I -- I'm supportive of sending a letter to the governor. I'm also supportive of doing everything we can to push things back while we get a good plan together for April. I agree with that strategy. Hoaglun: Thank you, Council Woman Strader. Any other comments? Bernt: Mr. Vice-President? Meridian City Council March 24,2020 Page 71 of 72 Hoaglun: Council President Bernt, go ahead. Bernt: So grateful -- so grateful for the discussion up until now. So, grateful for you guys and for the concerns this body has. I have heard every concern and recommendation that you have made and we talked about. I will reach out to the Mayor after this meeting is concluded to have conversation with him. It's -- it's -- I hope things are okay. I know that he had to leave the meeting a little early, so I would like to get his input as well and keep you guys informed and keep you guys in the loop. These are trying times. These are interesting times and like we have said in the past and this evening as well, it's just important that we keep people safe and so let me talk to the Mayor and we will see where this goes. Hoaglun: Thank you, Councilman Bernt. Appreciate those good words and we know that you will represent us well with the Mayor and things moving forward. Nary: Mr. Vice-President, can I make one more comment? Hoaglun: Yes, Mr. Nary. Nary: So, Council Members, one small innovation that Mr. Johnson and the Mayor's office came up with that he noticed that maybe on a positive note is we did try to estimate times of the hearings tonight, in an attempt to at least inform the public, so they don't have to be here earlier than what they needed to be and we thought that would at least be a start and getting folks to come in an appropriate time, not have to come two hours early and sit, so -- and we hit those marks by a mile, so it worked out just great. Cavener: Mr. Nary? Hoaglun: Thank you, Mr. Nary. Cavener: Mr. Hoaglun. Hoaglun: Councilman Cavener. Cavener: Again, I don't know whose idea that was, but I that thought is just a very thoughtful way to communicate to the public that we are doing all the things that we can do to benefit them and that we are -- we are trying to look to this through their eyes. Hoaglun: Thank you. No further discussion and no action on this, even though we reserved that possibility, we are going to move on to Item 8, Future Meeting Topics. Any comments for that, Future Meeting Topics? Hearing none, do I have a motion to adjourn? Cavener: Mr. Vice-President? Hoaglun: Councilman Cavener. Meridian City Council March 24,2020 Page 72 of 72 Cavener: I move we adjourn the meeting. Hoaglun: Do we have a second? Perreault: Second. Hoaglun: We have a motion and a second to adjourn the meeting. All those in favor say aye. Cavener: Thank you all for calling in. Hoaglun: All right. Thank you and this meeting is adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 9.47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 04 / 07 2020 Robert E. Simison, Mayor DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK CAE ��AN ITEM SHEET IDAHO Council Agenda Item - 5.A. Presenter: Estimated Time for Presentation: 0 Title of Item -Approve Minutes of March 10, 2020 City Council Work Session Council Notes: ATTACHMENTS: Description Type Upload Date Meeting Minutes IMinutes 3/12/2020 REVIEWERS: Clerk. Johnson, Chris Approved 3/20/2020 - 1:02 PM Meridian City Council Meeting Agenda March 24,2020— Page 4 of 323 Meridian City Council Work Session March 10,2020 Page 26 of 26 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 24 /2020 PRESIDENT TREG BERNT DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Meridian City Council Meeting Agenda March 24,2020— Page 30 of 323 CAE ��AN ITEM SHEET IDAHO Council Agenda Item - 5.13. Presenter: Estimated Time for Presentation: 0 Title of Item -Approve Minutes of March 10, 2020 City Council Regular Meeting Council Notes: tAATTACHMENTS: MMLOM Description Type Upload Date Meeting Minutes IMinutes 3/17/2020 REVIEWERS: Clerk. Johnson, Chris Approved 3/20/2020 - 1:02 PM Meridian City Council Meeting Agenda March 24,2020— Page 31 of 323 Meridian City Council March 10,2020 Page 52 of 52 Bernt: Thank you, Council Woman Perreault, for your hard work. I know you spent a lot of time with Caleb, so -- I know it's a long process. There is a lot of people that care about what the outcome is and so I know you have -- you have spent a lot of time on this, so I appreciate it. Thank you so much. Perreault: I'm enjoying it, actually. I'm really enjoying the process. Bernt: All right. We are to the end. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I move we adjourn. Cavener: Second. Bernt: I have a second -- or a motion and a second to adjourn the meeting. All those in favor? Meeting adjourned. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 24 / 2020 COUNCIL PRESIDENT TREG BERNT DATE APPROVED ATTEST: CHRIS JOHNSON-CITY CLERK Meridian City Council Meeting Agenda March 24,2020— Page 83 of 323 CAE ��AN ITEM SHEET IDAHO Council Agenda Item -5.C. Presenter: Estimated Time for Presentation: 0 Title of Item - Owyhee High School Sanitary Sewer Main Easement Council Notes: tAATTACHMENTS: Description Type Upload Date Easement Exhibit 3/1� 8/2020 REVIEWERS: Clerk. Johnson, Chris Approved 3/20/2020 - 1:02 PM Meridian City Council Meeting Agenda March 24,2020— Page 84 of 323 Project Name(Subdivision): ADA COUNTY RECORDER Phil McGrane 2020-035280 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/26/2020 03:34 PM Sanitary Sewer Easement Number: CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 24th day of March , 20 20 between Woodside Avenue Investors,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 particularly 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 Sewer Easement REV. 01/01/2020 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 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRAN R: Woods' a enue Investors,LLC. TATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on jq l� (date) by!LMQ WWRyL (name of individual), [complete the following if signing in a representative capacity, or st a the following if signing in an individual capacity] on behalf of y11"1-�lie. {Yt ��, (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) i.�•C'j rtl� No`4�J • • Not Signature �O7A�Y My Commission Expires: s PUBLIC �o ' q ve 4r O; �O51011 Sanitary Sewer Easement REV. 01/01/2020 Meridian City Council Meeting Agenda March 24,2020— Page 86 of 323 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-24-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV. 01/01/2020 LEGAL DESCRIPTION THE Page 1 OF 1 LAN D GROUP January 22, 2020 Project No.: 118001 EXHIBIT"A" SEWER EASEMENT CITY OF MERIDIAN WOODSIDE AVENUE INVESTOR LLC SEWER EASEMENT An easement located adjacent to Parcel "A" as shown on Record of Survey Number 11348, recorded as Instrument Number 2018-036119,Ada County Records, situate in a portion of the Southeast Quarter of the Southeast Quarter of Section 32,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the South Quarter Corner of said Section 32 (from which the Southeast Quarter Corner of said Section 32 bears South 89°17'50" East, 2651.02 feet distant); Thence North 00°36'39" East, 1266.66 feet on the north/south mid-section line of said Section 32;Thence South 89°23'21" East, 1324.22 feet to a point on the east line of said Parcel "A", said point being the POINT OF BEGINNING: Thence North 00'33' 19" East, 20.00 feet; Thence North 90'00' 00" East, 25.48 feet; Thence South 000 00' 00" West, 20.00 feet; Thence North 90'00' 00" West, 25.67 feet to the POINT OF BEGINNING. The above described easement contains 511 square feet, more or less. PREPARED BY: The Land Group, Inc. Michael Femenia, PLS pL a �C a 550 s TE of S. 01/22/2020 462 East Shore Drive, Suite 100. Eagle, Idaho 83616 208 939 4041 vielandgroupinc coo Meridian City Council Meeting Agenda March 24,2020— Page 88 of 323 W. MCMILLAN RD. _ S89°21'S8'E 642.72'.— — � 1321.29'— —1321.44'— co N LU m wlM CD E1/4 — — SECTION 32 5.33 C1/4 } S.32 I N90000'00"E I i I � Cn 25.48` co cCQ a N 6 1 o 25.667' �U, q ® N90°DD'00"W 3 5 5 I BECKY DR. POB I Il ATE OF y. ° I DETAIL co SCALE:1" = 30' 01/22/2020 LW cn o '� S89°23'21"E 1324.22' CM SEWER EASEMENT q AREA:±511 SQ.FT. — — SEE DETAIL � I � WEST ADA SCHOOL DISTRICT I — WOODSIDE AVENUE INVESTOR LLC W `n A II � f SE CORNER SECTION 32 fr T.4N., RAW., B.M. I I S•32 1 5.32 S.3 g� N _ — R7 R S.5 S89°17'5D" 2651.02 " S1/4 I W. USTICK RD. S•5 S.4 �I SECTION 32 i �I I E 0 500' 1000, Exhibit "B"I N Horizontal Scale: 1 = 500' Project No.:118001 s Date of Issuance:01/22/2020 TH E City of Meridian �- ~■ LAND Sewer Easement GROUP Woodside Avenue Investor LLC *- �ss ir3o Meridian City Council Meeting Agenda March 24,2020— Page 89 of 323 �E IDIAN^- ITEM SHEET Council Agenda Item -5.D. Presenter: Kim Warren, MPR Pathways Project Manager Estimated Time for Presentation: 0 Title of Item - Permanent Easement Contract Between James Court Investors, LLC and the City of Meridian Regarding James Court Sidewalk Widening, Five Mile Pathway Connection (Parcel #R7039001066)for a Not-to-Exceed Amount of$21,127.26 Council Notes: ATTACHMENTS: Descriptio I ploa James Court Investors Permanent Easement Contract- Agreements / Contracts 3/18/2020 James Court Sidewalk Widening REVIEWERS: Department eviewer Clerk. Baird, Ted Approved 3/20/2020 - 3:06 PM Meridian City Council Meeting Agenda March 24,2020— Page 90 of 323 Schwabe WILLIAMSON &WYATTa March 12, 2020 Heather A. Cunningham Admitted to practice in Washington, Oregon and Idaho T: 206-407-1568 C:206-773-3165 hcunningham@schwabe.com VIA E-MAIL(KWARREN U*MERIDIANCITY.ORG) Kim Meyers Warren, PLA Pathways Project Manager City of Meridian: Parks and Recreation 33 E. Broadway Ave. Meridian, Idaho 83642 RE: GHC Easement Our File No.: 134351-246645 Dear Kim: We have received the Easement documents that you sent back from the client. We have attached a copy in PDF format with this letter. We will return the originals to you for recording upon receipt of a check in the agreed amount of$21,127.26. As we discussed in email, please do not record anything until payment is made in full. Please make the check payable to James CT Investors, LLC and send to my attention to Schwabe, Williamson & Wyatt, PC, 1420 5th Avenue Ste 3400, Seattle, WA 98101. On the memo section of the check, or on an accompanying letter, please note our file number above. Thank you. Sincerely, 6�44� Heather A. Cunningham HAC:Ivc Enclosures PDX\13 43 51\246645\HAC\274683 01.1 .i City of Meridian 33 East Broadway Ave.,Meridian,ID 83642 PERMANENT EASEMENT CONTRACT Project Description: James Court Sidewalk Widening,Five Mile Pathway Connection Parcel#and Owner: R7039001066 James Court Investors LLC Date of Offer: 2 February 2020 THIS RIGHT-OF-WAY CONTRACT,made this 24th day of March 202Q between the City of Meridian, acting by its Mayor and Council,herein called"CITY"and James Court Investors LLC,herein called"GRANTOR". WHEREAS,subject to the terms outlined below,GRANTOR agrees to deliver to the CITY a Permanent Public Easement, to allow for widening of an existing pathway segment,included herewith as Exhibit"A" NOW THEREFORE,the parties hereto agree as follows: 1. CITY shall pay GRANTOR such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ft2) ($/Ft2) FACTOR ($) Permanent Easement 3766+/- $3.74 150% $ $5.61 per sf In consideration of the GRANTOR'S agreement to utilize a valuation of$3.74 per square foot of the property is based on current assessed value of$768,000.00 or$162,815.35 per acre. 2. TOTAL EASEMENT CASH SETTLEMENT AMOUNT$ 21,127.26 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement,the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location,grade,construction and maintenance of the proposed easement improvements. 4. The parties whose names appear below as Grantors,covenant and warrant that they are the OWNERS of the property to which this document applies,are fully authorized to execute this document and forever bind themselves,their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WHEREOF,the parties have executed this contract the day and year first above written. CITY OF MERIDIAN By.Robert E Simison,Mayor ATTEST: Chris Johnson,City Clerk Date approved by Council: 3-24-2020 GRANTOR James CT Investors LLC a Delaware limited liability company By:KB Penn LLC a Delaware limited liability company, its Sole Member By:GH-Penn,LLC, a Delaware limited liability company, its Man er x e: ©2 �ZA)ZA Name: Gregory F.Perlman Its:Manager Page 1 of 3 } THE LAND GROUP, INC. January 31, 2020 Project No. 115195 Exhibit"A" JAMES COURT PATHWAY EASEMENT DESCRIPTION An easement located in Lot 5, Block 1 of J.E. Pfost's Subdivision, recorded in Book 4 of Plats at Page 157 of Ada County Records, located in the Southwest One Quarter of Section 6,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the West One Quarter Corner of Section 6 of said Township 3 North, Range 1 East, (from which point the Southwest Corner of said Section 6 bears South 00°17'07" West, 2648.31 feet distant); Thence South 00°17'07"West, a distance of 885.92 feet on the West line of said Section 6; Thence North 89°17'12" East, a distance of 30.00 feet to the intersection point of the Easterly Right of Way line of North Meridian Road and the Southerly Right of Way line of East James Court Drive; Thence North 89°17'12" East, a distance of 34.56 feet on the Southerly Right of Way line of said East James Court Drive,said point being the POINT OF BEGINNING; Thence North 89' 17' 12" East, a distance of 467.50 feet on the Southerly Right of Way line of said East James Court Drive; Thence leaving said Right of Way line,South 00' 16' 58" West,a distance of 9.13 feet to a point on the westerly boundary of Bridgewood Park Subdivision, as same is shown on the official plat thereof, recorded in Book 66 of Plats at Page 6760, Ada County Records; Thence leaving said westerly subdivision boundary,South 89' 29' 11"West, a distance of 36.44 feet; Thence South 89' 21' 53" West, a distance of 20.47 feet; Thence South 89°33' 08" West, a distance of 39.93 feet; Thence South 890 37' 36" West, a distance of 56.79 feet; Thence South 890 34' 24" West, a distance of 78.56 feet; Thence South 89°33' 21" West, a distance of 83.58 feet; Thence South 890 35'47" West, a distance of 64.85 feet; Thence South 89°26' 03" West, a distance of 45.84 feet; Thence North 89'35' 28" West, a distance of 1.88 feet; Thence North 89'49' 30" West, a distance of 6.88 feet; Thence North 890 36' 28" West, a distance of 1.63 feet; Thence South 89'53' 34" West,a distance of 31.10 feet; Thence North 04° 26' 05" East, a distance of 6.72 feet to the POINT OF BEGINNING. The above described parcel contains 3,766 square feet more or less. LA PREPARED BY: �wr��Q TERF THE LAND GROUP, INC. a 7880 wo James R. Washburn 01/31/2020 �y9��r� OF\0 k.WPL Site Planning• Landscape Architecture•Civil Engineering•Golf Course Irrigation&Engineering•Graphic Design•Surveying 462 E.Shore Drive,Suite 100• Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com Meridian City Council Meeting Agenda March 24,2020— Page 93 of 323 S.1 WEST 1/4 S.6 SECTION 6 Q= / T.3N., R.1 E., B.M. W Z O Q CO LOT 4 A m W J.E. PFOST'S SUBDIVISION W o o POINT OF BEGINNING BOOK 4, PAGE 157 �o - - - - - - - - - - r'1' �� CD F1 bm m o w r INSTR.No.94061847 F, z o rn _ o—EAST JAMES COURT DRIVE — �p o INSTR.No.94061848 L1 L2 6' N89°17'12"E 467.50' 77 a- ---&- --&------�&----•& L3 L16 L15 L11 L10 L9 L8 L7 L6 L5 L4 O L12 LOT 5 1 L14 L13 EASEMENT AREA: J.E.PFOST'S SUBDIVISION BLOCK 1 30.00' ±3,766 SQ.FT. BOOK 4, PAGE 157 o _ 1 Line Table Line Table CL) mo S.1 k S.6 SOUTHWEST CORNER C CA S.12 S.7 SECTION 6 LINE BEARING LENGTH LINE BEARING LENGTH T.3N., RA E., B.M. o W m L1 N89017'12"E 30.00' L9 S89°33'21"W 83.58' CLU m cc L2 N89°17'12"E 34.56' L10 S89°35'47"W 64.85' o _ Tr � 3 _ L3 S00°16'58"W 9.13' L11 S89°26'03"W 45.84' M MCIO ~ ~ L4 S89°29'11"W 36.44' L12 N89°35'28"W 1.88, a L5 S89°21'53"W 20.47' L13 N89°49'30"W 6.88' s L6 S89 33 08 W 39.93 L14 N89 36'28"W 1.63' a 7880 88O z doe V L7 S89°37'36"W 56.79' L15 S89°53'34"W 31.10, 01/31/2020 CO) s� �o Q P L8 S89°34'24"W 78.56' L16 N04°26'05"E 6.72' �<Y rf OF M E R.WA'� W 7 - N Exhibit "BIRProject No.:115195 1 of 1 HORIZONTAL SCALE: 1"-80' Date of Issuance:01/31/2020 Meridian City Council Meeting Agenda March 24,2020— Page 94 of 323 PERMANENT PEDESTRIAN FACILITY EASEMENT THIS AGREEMENT, made this day of , 20 , between James Court Investors LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway and pedestrian facility; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and pedestrian facility to provide connectivity to present and future portions of the City of Meridian pathway system; and WHEREAS, Grantee shall construct the pathway and pedestrian facility improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee a permanent exclusive easement over and across the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for use by the public, including pedestrians and bicyclists, and the construction, reconstruction, operation, maintenance, and placement of pedestrian facilities. TO HAVE AND TO HOLD, said permanent easement unto said Grantee, its successors and assigns forever. This easement shall run with the land. 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 Grantee and Grantee's assigns shall maintain the physical integrity of the easement in good condition and repair as required to satisfy all requirements of applicable laws and sound engineering practices. If any damage to the physical integrity of the easement is as a result of the activities of Grantor, Grantor's guests, invitees, contractors or agents, the repair shall be at the sole cost and expense of Grantor. This section shall not release Grantor's obligation to provide routine maintenance required under any applicable state or local law, ordinance, or Pedestrian Facility Easement REV 02/02/20 Meridian City Council Meeting Agenda March 24,2020— Page 95 of 323 regulation as to the pedestrian facilities that may be placed on Grantor's real property. 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, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) Notary Signature My Commission Expires: Pedestrian Facility Easement REV 02/02/20 Meridian City Council Meeting Agenda March 24,2020— Page 96 of 323 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: Pedestrian Facility Easement REV 02/02/20 Meridian City Council Meeting Agenda March 24,2020— Page 97 of 323 J q: THE LAND GROUP, INC. January 31, 2020 Project No. 115195 Exhibit"A" JAMES COURT PATHWAY EASEMENT DESCRIPTION An easement located in Lot 5, Block 1 of J.E. Pfost's Subdivision, recorded in Book 4 of Plats at Page 157 of Ada County Records, located in the Southwest One Quarter of Section 6,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the West One Quarter Corner of Section 6 of said Township 3 North, Range 1 East, (from which point the Southwest Corner of said Section 6 bears South 00°17'07" West, 2648.31 feet distant); Thence South 00°17'07" West, a distance of 885.92 feet on the West line of said Section 6; Thence North 89°17'12" East, a distance of 30.00 feet to the intersection point of the Easterly Right of Way line of North Meridian Road and the Southerly Right of Way line of East James Court Drive; Thence North 89°17'12" East, a distance of 34.56 feet on the Southerly Right of Way line of said East James Court Drive,said point being the POINT OF BEGINNING; Thence North 89' 17' 12" East, a distance of 467.50 feet on the Southerly Right of Way line of said East James Court Drive; Thence leaving said Right of Way line, South 00' 16' 58" West, a distance of 9.13 feet to a point on the westerly boundary of Bridgewood Park Subdivision, as same is shown on the official plat thereof, recorded in Book 66 of Plats at Page 6760, Ada County Records; Thence leaving said westerly subdivision boundary,South 890 29' 11" West, a distance of 36.44 feet; Thence South 89' 21' 53" West, a distance of 20.47 feet; Thence South 89°33' 08" West, a distance of 39.93 feet; Thence South 89°37' 36" West, a distance of 56.79 feet; Thence South 89'34' 24" West, a distance of 78.56 feet; Thence South 89°33' 21"West, a distance of 83.58 feet; Thence South 890 35'47" West, a distance of 64.85 feet; Thence South 89' 26'03" West, a distance of 45.84 feet; Thence North 89'35' 28"West, a distance of 1.88 feet; Thence North 89'49' 30" West, a distance of 6.88 feet; Thence North 89'36' 28" West, a distance of 1.63 feet; Thence South 89°53' 34" West, a distance of 31.10 feet; Thence North 04' 26' 05" East, a distance of 6.72 feet to the POINT OF BEGINNING. The above described parcel contains 3,766 square feet more or less. L AND PREPARED BY: THE LAND GROUP, INC. a 7880 .53 James R. Washburn 01/31/2020 T�OF .R.WA� Site Planning•Landscape Architecture•Civil Engineering•Golf Course Irrigation&Engineering•Graphic Design•Surveying 462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com Meridian City Council Meeting Agenda March 24,2020— Page 98 of 323 SA WEST 1/4 j S.6 SECTION 67 0= T.3N.,RA E., B.M. W= o - I I.-j q ¢ N N LOT4 LU o, J.E.PFOSTS SUBDIVISION o o POINT OF BEGINNING BOOK 4, PAGE 157 � . EST — — — — — — — — — x imo w INSTR.No.94061847 �p N —EAST JAMES COURT DRIVE — oo INSTR.No.94061848 L1 L2 — N89°17'12"E 467.50' L16 L15IT, L11 L10 L9 L8 L7 L6 L5 L4 O L12 LOT 5 1 L14 13 EASEMENT AREA: J.E.PFOST'S SUBDIVISION BLOCK 1 30.00' ±3,766 SQ.FT. BOOK 4,PAGE 157 z o2 Line Table Line Table S.1 k S.6 to CL) SOUTHWEST CORNER r o S.12 S.7 SECTION 6 LINE BEARING LENGTH LINE BEARING LENGTH o cc T.3N.,RA E., B.M. o Yd m L1 N89°17'12"E 30.00' L9 S89°33'21"W 83.58' CD m U; L2 N89°17'12"E 34.56' L10 S89°35'47"W 64.85' 0 3 r � CC cr L3 S00°16'58"W 9.13' L11 S89°26'03"W 45.84' m � cM M cc ~ ~ L4 S89°29'11"W 36.44' L12 N89°35'28"W 1.88' a L5 S89o21'53"W 20.47' L13 N89o49'3011W 6.88' ra5ti G ER _ L6 S89 33 08 W 39.93 L14 N89 36 28 W 1.63 � m � a 7880 v L7 S89°37'36"W 56.79' L15 S89°53'34"W 31.10' �01/31/2020 p RX L8 S89°34'24"W 78.56' L16 N04°26'05"E 6.72' C.,� �qT f OF � 1�2.w Li l o LL 0 80, 160, Exhibit "DDu ProjectNo.:115195 1 of 1 HORIZONTAL SCAC-:1" 80� Date of Issuance:01/31/2020 Meridian City Council Meeting Agenda March 24,2020— Page 99 of 323 CAE ��AN ITEM SHEET IDAHO Council Agenda Item - 5.E. Presenter: Estimated Time for Presentation: 0 Title of Item - Final Plat for Prevail No. 1 (H-2020-0020) by Schultz Development, Located Approximately 1/2 Mile South of E.Amity Rd., East of S. Meridian Rd. Click Here for Application Materials Council Notes: AL ATTACHMENTS: Uploa Staff Report Staff Report 3/19/2020 REVIEWERS: R Action Clerk. Johnson, Chris Approved 3/20/2020 - 1:03 PM Meridian City Council Meeting Agenda March 24,2020— Page 100 of 323 STAFF REPORT C� W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT !A H O DATE: 3/24/2020 Legend WWI -,M __Z IF', 0 TO: CityCouncil �� - C il Project Location .,... FROM: Joseph Dodson,Associate Planner 208-884-5533 Bruce Freckleton, Development Services ------ Manager - -`--- _ 208-887-2211 SUBJECT: H-2020-0020 Prevail No. 1 - - PROPERTY LOCATION: The site is located on Meridian Road (SH-69),approximately '/z mile south of E.Amity Road, in the SW 1/4 of the NW 1/4 of Section 31, Township 3N.,Range 1 E.. I. PROJECT DESCRIPTION A final plat consisting of fifty-three(53)building lots and ten(10)common lots on 14.99 acres of land in the R-8 zoning district. This is the first of two phases for the Prevail Subdivision development()%a. Percy Subdivision). IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 14.99 Future Land Use Designation MDR(Medium-Density Residential) Existing Land Use Vacant/Agricultural Proposed Land Use(s) Single-family residential(SFR) Current Zoning R-8 Lots(#and type;bldg/common) 53 SFR, 10 Common Density(gross&net) 3.54 Gross,5.96 Net Open Space(acres,total[%]/ 2.43 acres qualified at 16.2%(specific to this phase) buffer/qualified) Amenities Open grassy area and children's playground Physical Features(waterways, None hazards,flood plain,hillside) History(previous approvals) South Meridian Annexation,H-2015-0019;MDA,PP,RZ H- 2019-0097;Development Agreement Instrument#2020- 022993 Page 1 Meridian City Council Meeting Agenda March 24,2020— Page 101 of 323 B. Project Area Maps Future Land Use Map Aerial Map Legend Legend Project Location C�IY�CProject Location rV1 MU-C r J m Density idential Low-Density Med-High ��1r Density Residenhgl Residential MU-RG Zoning Map Planned Development Map Legend 1 0 Legend �Projecf Location RUT Rl Project Location - �_1 City Limits I• ;L —Planned Parcels -- RUT Rl R-4 RUT R-15 C-G III. APPLICANT INFORMATION A. Applicant Schultz Development LLC B. Owner: MWT LLC—PO Box 2640, Eagle, ID 83616 C. Representative: Matt Schultz, Schultz Development LLC—PO Box 1115, Meridian, ID 83680 IV. STAFF ANALYSIS The proposed final plat consists of 53 building lots and 10 common lots in the R-8 zoning district. The minimum lot size proposed is 5,250 square feet with an average lot size of approximately 7,314 square feet. The total open space for this project is spread across two phases of development—approximately 2.4 acres of the required 3.52 acres are proposed in Page 2 Meridian City Council Meeting Agenda March 24,2020— Page 102 of 323 VI. EXHIBITS A. Preliminary Plat IV JN11010 Iwo'ON10010_nJ0J.JU �,--j k1t_E!! IF F to � ° . o 0 0 o c� o'�]' 010 0 _ o II' to — �... � �. I o � J a`e (D 0 e (D -4111 i0l 1. 20 0 0=�Olv aZ�01 (D 8 s OD (8 a <D- Page 4 Meridian City Council Meeting Agenda March 24,2020— Page 104 of 323 B. Final Plat _o rw 5 aW 2.2 a e�a= Fob aW �w �aQ< sPos"" ` LU 6n¢W€ aW� >a a ags j 9a � V=�s a --QU s�zq o w Cal Sao 81n. e�` mo a�ep as �Fp �, !� �42E =zELG< Sr �opp. O Sz�vtbS iS' Fri ;TIC_ � a 0 _ N M° zo o � n W __ .fZ50F M.IZ.ILOS __ � .L.I£OS --_ __—_____—__—_ ,69,20L ML F , O 'Ss vlayvos Z �,3 -ivM mn31d ti7 z w I .,f7 I t W O f AVM 11rh3tld 5 w �I � Z_m I F v9 F O �'' O O 0 a O Q Q 4 gl w 0 T I h Ga Qc� on Ss _^ i s 0 le 0 0 0 ^ E .061vs a.L'zjcof 31 P `I I li oad st G aw_ O x I ff � � ; I NIOMONS 5 Ns I I . 5 ID I N3QWy,ONS 5 � I z n w M,9Sa.0s 3.BG,L£AN ,L9'06Y 3,9S.L�9N LO vNw`/3e 10 Sstle 9VOL MMOIN3N-S �y u I�g Page 5 Meridian City Council Meeting Agenda March 24,2020— Page 105 of 323 C. Landscape Man LU LU i I �4,A :/ � 71 Fj LU LU Page6 —� -------� --------� Meridian City Council Meeting Agenda March z4.znzn- Page 1onnrozo SiNjAnool] NQiicnI:J-LSNOO%001_ �]N dV - NV�d �]dVOSONVI 0 V�, 9 OHVGl 'NVII GVOH NVIGIUDI/4 Hinos I. 3SVHd NOISIAloons -11'VA38d s JUDI/I w Uj W [L Elm R "I C LU LU 5D JL1 0 CD 0 FF--7 SIUVIOd LU 4�T LU < Ld z 0 < < EL IL C() +-�C)t Page 7 Meridian City Council Meeting Agenda March 24,2020— Page 107 of 323 - S1Niihn000 NOiiond iSN00%001 - OMl d3Hb' - Nt1�d 3dIld3V4 b� � �s Zi'9E8 OH�/01 'N'dI41a3W ab'OH MdIaI J3W H1nOS m g F 1 3SVHd NOiSIAiaens -1lVA3Hd 49 LL w e n LLI rn Z El J I ! Y I U 0900000e0®O O OB O E'11133X5335-3NIlX31YW 10 261133H$33$-3NIlH�1MN 11 • I � r Y 3 € Q I o -P" P 0 e e 9 fa Y�3 t w w J I I r z - W Z W Z > fl w cc •... ` ----it ']" �$ N � Q r ZR Ly CL a N (< it �l Page 8 — Meridian City Council Meeting Agenda March 24,2020— Page 108 of 323 W---Umm PLANT SCHEDULE L-T LANDSCAPE LEGEND 0 to ImLU L.d CALLOUT LEGEND I KEY MAP 0 .0 22 E< LLI 0 Cc z Q ...... PERENNIAL&�GRQUNQC�QV�� ....�Vrvr''r .... N7 NG ........... ............... . ................ ................... .......... )PLANTER BED CUT EDGE vm-_- ..... Z.-W IR TOPSOIL N07FS ==Zg- 0 'j 77 F- 0., DECIOLK)US TREE PLANTINP, 5: U, a TURF AREA PREPARATION NOTES.' 03 C) U) rg"=g, LANTING Z.--- E Z 3 nNW-- C) LU cc 011,11;jo! 0 mm BERM ADJACENT TO MERIDIAN ROAD (�Gffr IRON FENCE Page 9 Meridian City Council Meeting Agenda March 24,2020— Page 109 of 323 VII. SITE SPECIFIC CONDITIONS 1. The applicant shall comply with all applicable conditions of approval associated with this site (MDA, PP, RZ -H-2019-0097,Percy Subdivision; and recorded development agreement instrument#2020-022993). 2. The applicant has until two years following the City Engineer's signature of the Percy Subdivision Preliminary Plat(H-2019-0097)to obtain City Engineer's signature on the final plat for this phase,Prevail No. 1, or apply for a time extension in accord with UDC I I-6B-7. 3. The final plat prepared by Idaho Survey Group, LLC, dated 3/17//2020, shall be revised prior to City Engineer's signature as follows: • Note#I I shall be corrected to state: "Prevail Subdivision is subject to a City of Meridian Development Agreement recorded as Instrument No. 2020-022993." 4. No more than 30 homes are allowed to be constructed in the development until the secondary emergency access on Lot 18, Block 1 of the Prevail No. 2 Final Plat is constructed(Lot 18,Block 1 has a recorded easement for said access). 5. 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, at(208) 887-1620 for more information. 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 7. The applicant shall construct single family detached dwellings in accord with the recorded development agreement. 8. The water main must be 12-inch in Prevail Way and Cusick.A 12-inch water main must be installed on E Quartz Creek St. Remove water main at SW corner between Snowden and Meridian Rd. 9. This development will be on an off-site dead end 1,400 foot water main. Until looped in to the grid by subsequent development,the age of water in distribution system may cause water quality problems such as taste, odor, or reduced chlorine residual. 10. Applicant to provide a sewer main to the south end of Snowden to comply with the City's "to and through"provisions. 11. Manholes shall not be allowed in sidewalks or common drives. At the south corner of S. Scandia Ave. Relocate into road. 12. When possible, avoid placing service lines through seepage beds. Seepage bed along S. Scandia Ave should be relocated to the south to avoid this. VIII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. Page 10 Meridian City Council Meeting Agenda March 24,2020— Page 110 of 323 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. It. 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 11-14B. 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. Page 11 Meridian City Council Meeting Agenda March 24,2020— Page 111 of 323 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. 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. — Page 12 Meridian City Council Meeting Agenda March 24,2020— Page 112 of 323 CAE ��AN ITEM SHEET IDAHO Council Agenda Item -5.F. Presenter: Estimated Time for Presentation: 0 Title of Item - Final Plat for Prevail No. 2 (H-2020-0021) by Schultz Development, Located approximately 1/2 Mile South of E.Amity Rd., East of S. Meridian Rd. Click Here for Application Materials Council Notes: d&"�A ATTACHMENTS: Uploa Staff Report Staff Report 3/19/2020 REVIEWERS: R Action Clerk. Johnson, Chris Approved 3/20/2020 - 1:03 PM Meridian City Council Meeting Agenda March 24,2020— Page 113 of 323 STAFF REPORT C� W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT !A H O DATE: 3/24/2020 Legend WWI -'M _',Z IF" 0 TO: CityCouncil �� - C il Project Location .,... FROM: Joseph Dodson,Associate Planner 208-884-5533 Bruce Freckleton, Development Services ------ Manager - ----- _ 208-887-2211 SUBJECT: H-2020-0021 Prevail No.2 PROPERTY LOCATION: The site is located on the east side of Meridian Road(SH-69),approximately - 11 1/2 mile south of E. Amity Road,in the SW 1/4 of the NW 1/4 of Section 31, Township 3N.,Range lE.. I. PROJECT DESCRIPTION A final plat consisting of sixty(60)building lots and seven(7)common lots on 13.52 acres of land in the R-8 zoning district. This is the second and final phase for the Prevail Subdivision (fk.a. Percy Subdivision). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 13.52 Future Land Use Designation MDR(Medium-Density Residential) Existing Land Use Vacant/Agricultural Proposed Land Use(s) Single-family residential(SFR) Current Zoning R-8 Lots(#and type;bldg/common) 60 SFR,7 Common Density(gross&net) 4.44 Gross,6.03 Net Open Space(acres,total[%]/ 1.23 acres qualified at 9.1%(specific to this phase) buffer/qualified) Amenities Open grassy area(other amenity provided in Phase 1) Physical Features(waterways, None hazards,flood plain,hillside) History(previous approvals) South Meridian Annexation,H-2015-0019;MDA,PP,RZ H- 2019-0097;Development Agreement Instrument#2020- 022993 Page 1 Meridian City Council Meeting Agenda March 24,2020— Page 114 of 323 B. Project Area Maps Future Land Use Map Aerial Map Legend Legend Project Location C�IY�CProject Location MU-C r J m Density idential Low-Density Med-High ��1r Density Residenhgl Residential MU-RG Zoning Map Planned Development Map Legend 1 0 Legend �Projecf Location RUT Rl Project Location - �_1 City Limits I• ;L —Planned Parcels -- RUT Rl R-4 RUT R-15 C-G III. APPLICANT INFORMATION A. Applicant Schultz Development LLC B. Owner: MWT LLC—PO Box 2640, Eagle, ID 83616 C. Representative: Matt Schultz, Schultz Development LLC—PO Box 1115, Meridian, ID 83680 IV. STAFF ANALYSIS The proposed final plat consists of 60 building lots and 7 common lots in the R-8 zoning district. The minimum lot size proposed is 5,750 square feet with an average lot size of approximately 7,216 square feet. The total open space is spread across two phases of development—approximately 1.1 acres of the required 3.52 acres are proposed in this phase Page 2 Meridian City Council Meeting Agenda March 24,2020— Page 115 of 323 and are in compliance with the approved preliminary plat. The required amenity is a part of phase 1 of this development, as seen in Prevail No. 1 FP (H-2020-0020). Because the number of building lots and the amount of common open space is the same as in the approved preliminary plat, staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 3 — Meridian City Council Meeting Agenda March 24,2020— Page 116 of 323 VI. EXHIBITS A. Preliminary Plat IV JN11010 Iwo'ON10010_nJ0J.JU �,--j k1t_E!! IF F to � ° . o 0 0 o c� o'�]' 010 0 _ o II' to — �... � �. I o � J a`e (D 0 e (D -4111 i0l 1. 20 0 0=�Olv aZ�01 (D 8 s OD (8 a <D- Page 4 Meridian City Council Meeting Agenda March 24,2020— Page 117 of 323 B. Final Plat S O.H.L.(F7dN,7 p4" a$ u u ,S%OC M,LZd£O9 __ a s i w z =—a°'6� ll A091_- "• r:o I ---nazttal•w,ea.w•----�_J`arc --Iae.Lu'.. zsaJ j d ea'aJL M^lz,lcps w3r,v w� =K O L d �•3AV VI N $ ,rvyJs's jwo Q ----i3p.sz'-- ,Ia-ae M.lza£.ps Lv I 22 "1 lTI gj • 0 0 ®4 q 0 r Np'16'aTW 110.1 p'-,i I O Ig zr r w m r ` ____.NO'16'2TW..._ I N .Q Igf______ � a 111��0 O 4 502p']1'E tO1.J3� y C" © �' O a O G O" NO OO O'er j I� 1'�Na']w2�W 1,O.Bp•' __. _ w m L. 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Landscape Plan 0- LW LL LU LL Oil CL LLI Page 6 Meridian City Council Meeting Agenda March z4.zn2O— Page 118of323 SiNjAnooC NQiicnhiSNOO%001_ 3NO -XIHV NV d �IcIVOSONVI rL-S 'i 9 OHV(]I 'NVIGIHDVI GVOH NVIGDIN Hinos —0, �ISVHc� NOISIAI IU(IOnS IIVA3Wcl IU < Iq i2 n "I 'MW 9,An LLI LU Vz OU LU LU jig rm Lij a. M r g 1, jzy'� LU CD Hy & CL < 0 < E)00088 E) LLI —H—E 3NIIHXV1Y < LU T, < I. LI ........ C�c C ED LU < IN -4 ............ ............. ... ....... o CD . ... ... .. . Page 7 Meridian City Council Meeting Agenda March 24,2020— Page 120 of 323 SiljEhn000 Nciionb1SNOO%004 OMl'd3dV NV 3ddOSONH� _ a s- Zt K9 OHVGI `NVIQI J3W =- s 4 k a CIVOH NdIQIa3W H1f10S Z 3SVHd NOISIAI48f1S -1IdA3ad T� F U -- FA w r Q w $s8 e€ w v 6 as ❑ i J tl ��V as ❑J� 3.� =a d �` § saka§ fl n N J� &, U CA �[r ]{� Y - ¢�� o.. � �wst.awN xa.�a, OZ �"' � s5 i..•,�� / C�'ml O n��s�� -4�� 5 �n��Y,,�n� LCLI = a U O" � I I c�000000 C Z'11133H533523NI1H�1bV1 " t= _-Tk ► - �Ia r C C Li =a j w - a Z'11133H53353NIlH]1bIN ��11133H5333-3NIlH�1tlIN _ �I � II (.)� <<,133us33s�3unu�imv _T� � _� �'�,133Hs33s 3unu�ltw I ❑ J lJ Page 8 — Meridian City Council Meeting Agenda March 24,2020— Page 121 of 323 VII. SITE SPECIFIC CONDITIONS 1. The applicant shall comply with all applicable conditions of approval associated with this site (MDA, PP, RZ -H-2019-0097,Percy Subdivision; and recorded development agreement instrument#2020-022993). 2. The applicant has until two years following the City Engineer's signature of the phase 1 final plat (H-2020-0020)to obtain City Engineer's signature on the final plat for this phase(Prevail No. 2), or apply for a time extension in accord with UDC 11-6B-7. 3. The final plat prepared by Idaho Survey Group,LLC, dated 3/17//2020, shall be revised as follows: • Note#11 shall be corrected to state: "Prevail Subdivision is subject to a City of Meridian Development Agreement recorded as Instrument No. 2020-022993." 4. 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, at(208) 887-1620 for more information. 5. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 6. The applicant shall construct single family detached dwellings in accord with the recorded development agreement. 7. This development will be on an off-site dead end 1,400 foot water main. Until looped in to the grid by subsequent development,the age of water in distribution system may cause water quality problems such as taste, odor, or reduced chlorine residual. 8. Manholes shall not be allowed in sidewalks or common drives. At the south corner of S. Scandia Ave. Relocate into road. 9. When possible, avoid placing service lines through seepage beds. Seepage bed along S. Scandia Ave should be relocated to the south to avoid this. VIII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, Page 9 Meridian City Council Meeting Agenda March 24,2020— Page 122 of 323 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-I 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 Page 10 Meridian City Council Meeting Agenda March 24,2020— Page 123 of 323 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. — Page 11 Meridian City Council Meeting Agenda March 24,2020— Page 124 of 323 CAE ��AN ITEM SHEET IDAHO Council Agenda Item - 5.G. Presenter: Estimated Time for Presentation: 0 Title of Item - Final Plat for Timberline No. 2 (H-2020-0008) by Bailey Investments, LLC, Located at 655 and 735 W. Victory Rd. Council Notes: lk Awma6w KATTACHMENTS: Description Type Uploa Staff Report Staff Report 3/17/2020 REVIEWERS: De rt Clerk. Johnson, Chris Approved 3/20/2020 - 1:03 PM Meridian City Council Meeting Agenda March 24,2020— Page 125 of 323 STAFF REPORT C� W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT !A H O DATE: 3/24/2020 Legend TO: City Council El Project Location ! - I Y, FROM: Joseph Dodson Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager - 208-887-2211 SUBJECT: H-2020-0008 - ? _ Timberline No.2 PROPERTY LOCATION: TT// The site is located at 655 and 735 W. - -- Y Victory Road, in the NW 1/4 of the NE 1/4 of Section 25, Township 3N.,Range . 1 W.. I. PROJECT DESCRIPTION A final plat consisting of thirty-three(33)building lots and four(4)common lots on 9.8 acres of land in the R-8 zoning district. This is the second and final phase of development of Timberline Subdivision. II. SUMMARY OF REPORT A. Project Summary Description I Details Page Acreage 9.8 Future Land Use Designation MDR(Medium-Density Residential) Existing Land Use Residential/Agricultural Proposed Land Use(s) Single-family residential(SFR) Current Zoning IF R-8 Lots(#and type;bldg/common) 33 SFR,4 Common Density(gross&net) 3.26 Gross,3.38 Net Open Space(acres,total[%]/ .65 acres qualified at 6.5%(specific to this phase) buffer/qualified) Amenities Open Grassy Area;other amenities built with phase one(1). Physical Features(waterways, None hazards,flood plain,hillside) History(previous approvals) AZ-13-014(annexation);H-2017-0140(preliminary plat); Development Agreement Instrument#114007668. Page 1 Meridian City Council Meeting Agenda March 24,2020— Page 126 of 323 B. Project Area Maps Future Land Use Map Aerial Map Legend Legend Project Location QProject Location Commercial Low-Density �-% Residential e'di um De'n!it ° Resident al,� C Medi'gh'0en sity KRedential MU-C Zoning Map Planned Development Map Legend �' _ "R-4 Legend aProject Location R_g C_G n_o aProject Location ° ;_1 City Limits ° L- -° 11=4 R —Planned Parcels ° R1 ® [ElEE1 �® C-G ®� LSO RUT' R-15 j R- 4 R"4 R-S --- �� RUT, R-4U RUT R-15 � RUT III. APPLICANT INFORMATION A. Applicant Bailey Investments, LLC B. Owner: Same as Applicant C. Representative: Penelope Constantikes, Riley Planning Services IV. STAFF ANALYSIS The proposed final plat consists of 33 building lots and 4 common lots in the R-8 zoning district. The minimum lot size proposed is 6,518 square feet with an average lot size of approximately 8,040 square feet. Page 2 Meridian City Council Meeting Agenda March 24,2020- Page 127 of 323 Because the number of building lots and the amount of common open space is the same as in the approved preliminary plat, staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI1 of this report. Page 3 — Meridian City Council Meeting Agenda March 24,2020— Page 128 of 323 VI. EXHIBITS A. Preliminary Plat uz` .. o �n INLaM1M Kam:; 133HSH3AD3 vni�anos0.ii�on indAda nP� d - A4. us��lsha Noislnlaens aurdaawli NOL MISNOO 80J 1ON M3Ui3N AON39d m 5 Y 8g a n4 I. �u O s, Tj q 5 +•WSwq�,S RIYia 3Roa'M]IWV3N •. --J 1 9 --- � � .:� e � a . J � IIi ®o I II I x. I � III 1 Page 4 Meridian City Council Meeting Agenda March 24,2020— Page 129 of 323 B. Final Plat r� g � S p� 151 .--. it No � - i�nf= r- 3e a> �F xm o �� r t i aa nviaiaaw s_ �� s w s� s z '€ 6 i —�� 1 .ec rr,.ob.a�s a 3 cc " oa aF s �s I aI z � 3as E .� §i�Jaal ocuz�✓Mi :g cv� 5 II z IN a o Zoe -3.�7 3 Co O1L tll o o _LU g1 os� W �b��..was f— a d �rmx�Mmons ., S' �� Qo�iz v ..k � �=�.�14 sG -i`a q_: k g 'w Nsr9r, ruuo�.- I g z s 8a¢ �b i a 9 s-. d A8as ' dk� iqJ zYw b�"a� s a�a _�eILL _ x to a u x la�a dh- a @2 ,SZ'SDS 3„8Z.9Zo0 N �' � II xomnrssnsyvr„n.,� y rmsinrc�.cs�vls� nxrvuxvx -u 7 C G zWk]_ �, G. M Page 5 — Meridian City Council Meeting Agenda March 24,2020— Page 130 of 323 C. Landscape Plan Yk Fri 96 Page 6 —� Meridian City Council Meeting Agenda March z4.zn2O- Page 131of323 Z z]SVHd-NOisimouns ANnNAGAII ---------------------------------------7 FT--- fl -------- ------ -- ----------- ----------- -- ---------- ------------ ----------- I II ----------- ------ ------- ---- --------- J1 ...... was • 14 Aoki hot 1 1 L 1c(D 1 0 1010�4 I I Page 7 Meridian City Council Meeting Agenda March 24,2020— Page 132 of 323 SG NO S - - - - OVERVIENMAP 3 r au s n o� w L EAi I AND E1JR1 AP TRFFr Pu:NrscReoue I NF 1 — O 711 WWII LANDSCAPE 11EIVEu+ VII. SITE SPECIFIC CONDITIONS 1. The applicant shall comply with all applicable conditions of approval associated with this site (AZ-13-014; H-2017-0140; and recorded development agreement instrument#114007668). 2. The applicant has until May 1, 2021,two years following the City Engineer's signature of the Timberline No. 1 Final Plat,to obtain City Engineer's signature on the final plat for this phase, Timberline No. 2, or apply for a time extension in accord with UDC 11-6B-7. 3. The final plat prepared by Sawtooth Land Surveying,LLC, dated 01/2020, shall be revised as follows: • Note#5 shall be corrected to show read"...Title 11 of Meridian City Code..."instead of "Title II..." • Note#14—add applicable instrument number. • Add ACHD R/W Instrument number on final plat where ultimate right-of-way is shown. 4. The submitted landscape plan prepared by Stack Rock Group, dated 01/14/2020 shall be revised as follows: a. With submittal of the final plat Mylar application,the applicant shall provide a revised landscape plan per UDC requirements and standards set forth in 11-3B-7C.5a: "If the unimproved street right of way is ten feet(10') or greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a ten foot(10') compacted shoulder meeting the construction standards of the transportation authority and landscape Page 8 Meridian City Council Meeting Agenda March 24,2020— Page 133 of 323 the remainder with lawn or other vegetative ground cover. (Ord. 16-1672,2-16-2016)." This condition shall be applied to the Northwest corner of the property abutting W. Victory Road. 5. Four(4)type 1 streetlights are required along W.Victory Road. Davit poles may be used if there are conflicts with overhead power lines. 6. 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, at(208) 887-1620 for more information. 7. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to City Engineer's signature on the final plat,the applicant shall provide an exhibit that shows the setbacks,building envelope, and orientation of the lots and structures on all common lots. 9. The applicant shall construct single family detached dwellings in accord with the recorded development agreement. 10. Maximum slope on sanitary sewer mainlines is 5%,please revise the civil design drawings accordingly. VIII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 9 Meridian City Council Meeting Agenda March 24,2020— Page 134 of 323 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 11-1-413. 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 Page 10 Meridian City Council Meeting Agenda March 24,2020— Page 135 of 323 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. Page 11 Meridian City Council Meeting Agenda March 24,2020— Page 136 of 323 CAE ��AN ITEM SHEET IDAHO Council Agenda Item -5.1-1. Presenter: Chris Johnson Estimated Time for Presentation: 2 minutes Title of Item - Resolution No. 20-2194: A Resolution Approving the Retirement of Meridian Police Department Police Canine "Randy"; And To Declare Subject Canine Surplus Property Of Nominal Value; And To Authorize The Mayor Of The City Of Meridian To Donate Such Property By Transferring Ownership Of Subject Canine "Randy" To His Handler, Meridian Police Department K-9 Officer Rick Lee Resolution retiring K-9 Randy Council Notes: ATTACHMENTS: oa Exhibit A-Assset Disposal for k-9 Randy Exhibit 3/16/2020 Resolution Resolution 3/23/2020 REVIEWERS: R Action Clerk. Johnson, Chris Approved 3/20/2020 - 1:03 PM Meridian City Council Meeting Agenda March 24,2020— Page 137 of 323 _..,C��fuDIA DEPARTMENT I r) p iCG DEPARTMENT CONTACT ®�� CITY OF MERIDIAN *� Lt.Stokes PROPERTY INFORMATION FORM CITY TAG# DESCRIPTION LOCATION K9 Randy-6 year old Belgian Malinois PD MODEL MANUFACTURER SERIAL/VIN# N/A N/A N/A ACQUISITION DATE ORIGINAL COST VENDOR LIFESPAN 12/21/2015 $7,500 CPS K-9 5-9 YEARS Addition (No additional information required) PROPERTY DISPOSAL AUTHORIZATION DISPOSAL METHODS Give a brief description of how you plan on disposing the asset Auction/Sell K9 Randy will be retired from police service 3/7/20 and will live with his Donation Transfer handler, Officer Rick Lee. Trade In Discard/Recycle **Please remove all identifying logos prior to disposal REASON FOR DISPOSAL OF PROPERTY K9 Randy has had numerous issues with his teeth(only has 2 canies left)and his handler,Officer Rick Lee,is is leaving the unit. K9 Randy's replacement has been purchased through donated funds. /\Jo I��VWA 0 CONDITION OF PROPERTY TO BE DISPOSED Generally good health. Dolfrrent Director Approval Date 3 y �b 6 F' an a Approval Date Va'yofr Appro Date �l FOR FINANCE USE O LY FA# 16 G L Code: Q 1 - l v - 3 7960 Resolution No.: Approved by Council Date: Final Disposition of Property: /V�Te , �nc�cn�e=�t�lts�lh 1\� 7Q C:\Users\bstokes\Desktop\k9 ran � 1 of 2 p ICity Council Meeting Agenda March 24,2020— Page 138 of 323 E IN VE DEPARTMENT C�� E ! r)IDIA o Q0% o r 2, DEPARTMENT CONTACT CITY OF MERIDIANNANCE LlEp Lt.stokes PROPERTY INFORMATION FORM CITY TAG# DESCRIPTION -J - LOCATION K9 Dory(Dore)-9 year old yellow lab. PD MODEL MANUFACTURER SERIAL/VIN# N/A N/A N/A ACQUISITION DATE ORIGINAL COST VENDOR LIFESPAN 9/19/2013 r $1,000 Shine K-9 5-9 YEARS LAddition (No additional information required) PROPERTY DISPOSAL AUTHORIZATION DISPOSAL METHODS Give a brief description of how you plan on disposing the asset Auction/Sell K9 Dory has reached retirement age and has been replaced through the cities j Donation/Transfer budget process with a new police dog. K9 Dory will retire and live with her handler, Officer Dave Cushing. Trade In Discard/Recycle "Please remove all identifying logos prior to disposal REASON FOR DISPOSAL OF PROPERTY K9 Dory has reached service life/retirement age. (f� fD CL-)3 CONDITION OF PROPERTY TO BE DISPOSED Generally good health. 2 De a ent Director Approval Date nan a Approval Date � - /- `,6 �Wayck Approval Jate FOR FINANCE USE ONLY - - - - - - FA# GL Code: n -Zj 10 Resolution No.: Approved by Council Date: Final Disposition of Property: C:\Users\bstokes\Desktop\k9 d�lXrdds�ny Council Meeting Agenda March 24,2020— Page 139 of 323 1 of 2 CITY OF MERIDIAN RESOLUTION NO. 20-2194 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO APPROVE RETIRING MERIDIAN POLICE DEPARTMENT POLICE CANINES "RANDY" AND "DORY"; AND TO DECLARE SUBJECT CANINES SURPLUS PROPERTY OF NOMINAL VALUE; AND TO AUTHORIZE THE MAYOR OF THE CITY OF MERIDIAN TO DONATE SUCH PROPERTY BY TRANSFERING OWNERSHIP OF SUBJECT CANINE "RANDY" TO HIS HANDLER MERIDIAN POLICE DEPARTMENT K-9 OFFICER RICK LEE; AND TRANSFERRING OWNERSHIP OF SUBJECT CANINE "DORY" TO HER HANDLER OFFICER DAVE CUSHING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have received the recommendation from the Meridian Police Department that police canines "Randy" and "Dory" are suitable for retirement due to poor health and performance-related issues that no longer allow for each canine's proper and safe use; and WHEREAS, a retired police canine has no saleable value, as it would be unsafe or inappropriate for possession by the general public; and WHEREAS, the City wishes to divest itself of both ownership and vicarious or direct liability for the subject canines; and WHEREAS, it is in the best interest of the City of Meridian to thus declare that police canines "Randy" and "Dory" as described in the attached Exhibit A are surplus property, with nominal value, no longer needed or to be used by the City of Meridian; and WHEREAS, due to the unique nature of police canine service dogs, the City's purchasing policy for disposal of surplus property of nominal value, authorizes City Council to approve the removal of a police canine from active duty, and authorizes transfer of ownership to a qualified handler upon the recommendation of the Chief of Police; and WHEREAS, it is the policy of the Meridian Police Department to recommend and support the transfer of ownership of a retiring police canine to its handler or other experienced K-9 Officer so that the canine who has served as a valuable member of the Department may remain and live out the remainder of its days in suitable surroundings and appropriate companionship; and WHEREAS,Meridian Police Department K-9 Officers Rick Lee("Officer Lee") and Dave Cushing ("Officer Cushing") are currently "Randy's" and "Dory's" handlers respectively, and Officer Lee is willing to accept responsibility for the care of"Randy"and agrees to assume financial responsibility of, and liability for, the dog and to provide a comfortable, humane and caring environment for the remainder of his life as does Officer Cushing on behalf of"Dory"; and RESOLUTION TO RETIRE AND TRANSFER OWNERSHIP OF POLICE CANINES"RANDY"AND"DORY"- 1 Of 2 Meridian City Council Meeting Agenda March 24,2020— Page 140 of 323 WHEREAS, Officer Lee agrees to accept ownership of "Randy" and Officer Cushing agrees to accept ownership of "Dory", as each subject canine's present health condition exists without warranty or representation from the City of what that condition is or may become; and WHEREAS, Officer Lee and Officer Cushing each agree that the subject canine of which each officer is accepting ownership will not perform any searches or activity related to patrol narcotic-related duties or patrol apprehension-related duties; and WHEREAS, Officer Lee and Officer Cushing each agree to release the City from any and all liability that might arise from owning a retired police canine upon transfer of ownership; and WHEREAS, the Mayor and City Council find that transferring "Randy's" ownership to Officer Lee and "Dory's" ownership to Officer Cushing is the safe, appropriate, and humane method for disposition of"Randy" and "Dory"upon each canine's retirement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Mayor and City Council approve the retirement of Meridian Police Department police canines "Randy" and"Dory". Section 2. That the Mayor and City Council declare the subject canines to be surplus property of nominal value belonging to the City of Meridian. Section 3. That the City Council authorizes the Mayor to donate by transferring ownership of subject canine "Randy"to Meridian Police Department K-9 Officer Lee. Section 4. That the City Council authorizes the Mayor to donate by transferring ownership of subject canine "Dory"to Meridian Police Department K-9 Officer Cushing. Section 5.That this resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian,Idaho,this 24th day of March,2020. APPROVED by the Mayor of the City of Meridian,Idaho,this 24th day of March,2020. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk RESOLUTION TO RETIRE AND TRANSFER OWNERSHIP OF POLICE CANINES"RANDY"AND"DORY"-2 of 2 �E IDIAN ITEM SHEET IDAHO Council Agenda Item -5.1. Presenter: Keith Watts Estimated Time for Presentation: 1 Title of Item - Resolution 20-2196: A Resolution Of The City Council Of The City Of Meridian, Idaho, Setting Forth Certain Findings To Declare Surplus Property And Authorizing The Purchasing Manager Of The City Of Meridian To Dispose Of Certain Bricks And Pavers Pursuant To The City Purchasing Policy Council Notes: AAkLom abLo =A ATTACHMENTS: Descripti ploa Resolution declaring surplus items Resolution 3/19/2020 REVIEWERS: De vi Action Clerk. Johnson, Chris Approved 3/20/2020 - 1:03 PM Meridian City Council Meeting Agenda March 24,2020— Page 142 of 323 CITY OF MERIDIAN RESOLUTION NO. 20-2196 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE PURCHASING MANAGER OF THE CITY OF MERIDIAN TO DISPOSE OF CERTAIN BRICKS AND PAVERS PURSUANT TO THE CITY PURCHASING POLICY. WHEREAS, it is in the best interest of the City of Meridian to declare that a certain bricks and pavers as attached in Exhibit"A" as surplus as these particular items are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be discarded, recycled, or sold for salvage when other disposal options are not feasible; WHEREAS, the portions of the bricks and pavers that are the subject of this resolution have previously been declared surplus and portions have been donated to the United Way, and have also been the subject of an Invitation to Bid (#20-13 on January 13, 2020), yet significant portions of the bricks, and pavers remain as City Property as detailed in Exhibit"A"; WHEREAS, the City of Meridian desires to allow the Purchasing Manager to discard, recycle, or sell for salvage all of the remaining bricks and pavers because other methods of disposal have proven to be unfeasible. NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that certain bricks and pavers as attached hereto as Exhibit"A" are, and continue to be, surplus property. Section 2. That the Mayor and City Council hereby authorizes the Purchasing Manager to discard, recycle and/or sell for salvage all of the bricks, and pavers listed on Exhibit"A"pursuant to City Purchasing Policy VII (B)(v). ADOPTED by the City Council of the City of Meridian, Idaho, this 24th day of March, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of March, 2020. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk EXHIBIT A DESCRIPTION OF SURPLUS PROPERTY Description: • Red Bricks — The bricks are palletized and the number of bricks vary per pallet. These bricks are salvage and are not suitable for structural use. (25 Pallets). • Wishbone/I Shaped Brick Pavers — The Pavers are palletized and the number of bricks vary per pallet. (6 Pallets). • Faded Red/Purple Pavers — These are 2x6x8 and are palletized and the number of pavers vary per pallet. (3 Pallets). • Gray Pavers — The Pavers are palletized and the number of bricks vary per pallet. (2 Pallets). Meridian City Council Meeting Agenda March 24,2020— Page 144 of 323 �E IDIAN ITEM SHEET IDAHO Council Agenda Item -5.J. Presenter: Chris Johnson Estimated Time for Presentation: 2 minutes Title of Item - Resolution No. 20-2197: A Resolution for the Vacation of Plat Note Number 7 on Mystery View Subdivision (PFP-01-005) Plat Map Restricting Lot 2, Block 1 to single-story buildings only, Located Approximately '/2 Mile South of E. Franklin Road on West Side of S. Eagle Road in the City of Meridian,Ada County, State of Idaho. Resolution Vacating Plat Note No. 7 on Mystery View Subdivision Plat. Council Notes: Chris/Adrienne - please record this Resolution along with the attached Plat. ID TTACHMENTS: pe Uploa esolution Vacating Plat Note #7 on Mystery View Sub Plat Resolution 3/19/2020 EVIEWERS: e vi ction Clerk. Johnson, Chris Approved 3/20/2020 - 1:04 PM Meridian City Council Meeting Agenda March 24,2020— Page 145 of 323 ADA COUNTY RECORDER Phil McGrane 2020-035142 BOISE IDAHO Pgs=3 BONNIE OBERBILLIG 03/26/2020 01:42 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 20-2197 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION VACATING PLAT NOTE NUMBER 7 ON MYSTERY VIEW SUBDIVISION (PFP-01-005) PLAT MAP RESTRICTING LOT 2, BLOCK 1 TO SINGLE- STORY BUILDINGS ONLY, LOCATED APPROXIMATELY V, MILE SOUTH OF E. FRANKLIN ROAD ON WEST SIDE OF S. EAGLE ROAD IN THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 17, 2020 the City Council of Meridian, held a hearing on the vacation of plat note Number 7 on Mystery View Subdivision (PF:P-01-005) :Plat Map Restricting Lot 2, Block 1 to single-story buildings only, Located Approximately '/z Mile South of E. Franklin Road on West Side of S. Eagle Road in the City of Meridian, Ada County, State of Idaho; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the vacation the vacation of plat note Number 7 on Mystery View Subdivision(PF:P-01-005) Plat Map Restricting Lot 2, Block 1 to single-story buildings only, Located Approximately �/z .Mile South of E. Franklin Road on West Side of S. Eagle :Road in the City of Meridian, Ada County, State of Idaho, is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 24th day of March, 2020. Approved by the Mayor of the City of Meridian, Idaho, this 24th day of March, 2020. Attest: SF,AL Mayor Robe .E. mison Chris Joh on, Cit Everest Surgical Instituto—Vacation—H-2020-0013 STATE OF IDAHO, ) ) ss County of Ada ) On this 24th day of March , 2020,before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON 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. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian,Idaho MY COMMISSION EXPIRES: 3-28-2020 Everest Surgical Instituto—Vacation—H-2020-0013 Recorded Plat ax 8v aG �oi PLAT SHOWING MYSTERY VIEW SUEDIVISION 16SMATID IN LOTS 2 AND 3 OF 1KOCY 1 OF ANI"ED WGIC VaW SoBprn5i0N IS RECCRDED(N DOOE 52 AT PAGE a -1OCATED R A PORTION OF THE FwNo,/z'rrmrn xo cv _ T/A OF THE NEl/A OF 56 uN w ry y y/p-pFgya n TOIFNSRIP 3 NORTH,RANGE I EA.M R015E 1 VMD N89'SS_A2'E.3A.5F' _ s5s5s''¢1 ne.,a! CITY OF MERMUN,ADA COUNTY,MARO 2002 r---- -- -- ,.r_ i—is.- ---�— --I— y LEGEND 4� I k � f/ST��,CIXnC c.mlN�n°f c-.i.. iMRA FiSTyFrtf � k } I • 8-f�J2,u0.e2+Ec�i 5�5ra, I swwiwY a P'+ I ' v ck=ufnRo Pnur s,-m '. '•se' ��a f� STLAT, �Ai-I Ar "N r" E.sE'�"'a - �,,.� � f �;•» „�. I I I� � �E>r 5E„E>a a.5,�.� NOTES., -..b. •,�„�N..., �.h ...m en�sNc sroau i r�11+ $ HLOL'W/ �rla,eR.cn �T-I nl !� �� me ownux�i�w•Kw..�w�e.mx awv,°"°e .ar arorw.rvwm ew,.nl aw.reee m azn(��mu7 i i b � mn+m,r�mruw.unw�mpu.uaab+ eaa e m uwgmm�/eneruy aM,et p I a m.mmm w.Pw,�er wmvd rwww,m.a ...nw,a,x"••..ne,.u.tig"e, .AVVRT l l 451wC FqY I � i 1. dy a.FT MM TaM4•^q M W A a td t•w.,. //ram /�a w•ue4 u4�A,�x M wa,.1 ene � -"°' ~•��N83't '15-�el.aa' _ __ I I ,� 1 I LSLT�7�N.� 5 �- MAGIC DRIVE-------> � .>•.; p11w' PINNACLE _ Nea•ii'ss� � I I A1' c�wc rrd[ usucM craAa-Dun r aKFo cl,d(o eae Engznt+ers, Inc. SNEEF I OF Everest Surgical Instituto—Vacation—H-2020-0013 Meridian City Council Meeting Agenda March 24,2020— Page 148 of 323 CAE ��AN ITEM SHEET IDAHO Council Agenda Item -5.K. Presenter: Warren Stewart Estimated Time for Presentation: 5 Minutes Title of Item -Approval of the Agreement for Change in Point of Liability for Maintenance of Private Sewer User Infrastructure in the Public Right-of-Way with City Center Redevelopment, LLC for the Main2Meridian Development The Main2Meridian Development has four sewer grease interceptors designed to be installed within the public right-of-way. In most circumstances, pretreatment facilities are located on private property, but in this instance the creation of urban densities for the mixed use development resulted in the placement of the pretreatment facilities in the right-of-way. Per City Code section 9-4-34, the City is responsible for the maintenance of the sewer service lines in the right-of-way. The City does not want to operate and maintain private sewer grease interceptors. This agreement makes it clear that maintenance will be the property owner's responsibility. City Center Redevelopment has already entered into a license agreement with ACHD to be able to construct and maintain the pretreatment facilities in the right-of-way. Council Notes: %ATTACHMENTS: Department Memo Cover Memo 3/19/2020 Main2Meridian Agrmnt Trap Maint 03-18-20 cb Agreements/Contracts 3/18/2020 Higher Resolution Exhibit A- Sewer Profile Plan Sheet Exhibit 3/19/2020 Executed License agreement Between ACHD and Backup Material 3/19/2020 Main2Meridian REVIEWERS: Department W Reviewer Action Johnson, Chris Approved 3/20/2020 - 1:03 PM 0 Meridian City Council Meeting Agenda March 24,2020— Page 149 of 323 Mayor Robert E. Simison City Council Members E IDIAN Treg Bernt Joe Borton Public Works Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader 000 TO: Mayor Robert E. Simison Members of the City Council FROM: Jared Hale Engineering Project Manager DATE: March 17, 2020 SUBJECT: APPROVAL OF THE AGREEMENT FOR CHANGE IN POINT OF LIABILITY FOR MAINTENANCE OF PRIVATE SEWER USER INFRASTRUCTURE IN THE PUBLIC RIGHT-OF-WAY WITH CITY CENTER REDEVELOPMENT,LLC FOR THE MAIN2MERIDIAN DEVELOPMENT I. RECOMMENDED ACTION 1. Approval of the Agreement For Change In Point Of Liability For Maintenance Of Private Sewer User Infrastructure In The Public Right-Of- Way with City Center Redevelopment, LLC for the Main2Meridian Development. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 489-0370 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 985-1257 III. DESCRIPTION The Main2Meridian Development has four sewer grease interceptors designed to be installed within the public right-of-way. In most circumstances,pretreatment facilities are located on private property,but in this instance the creation of urban densities for the mixed Meridian City Council Meeting Agenda March 24,2020— Page 150 of 323 Page 1 of 2 use development resulted in the placement of the pretreatment facilities in the right-of-way. Per City Code section 9-4-34, the City is responsible for the maintenance of the sewer service lines in the right-of-way. The City does not want to operate and maintain private sewer grease interceptors. This agreement makes it clear that maintenance will be the property owner's responsibility. City Center Redevelopment has already entered into a license agreement with ACHD to be able to construct and maintain the pretreatment facilities in the right-of-way. IV. IMPACT There will be no financial cost to the City by entering into this agreement. V. LIST OF ATTACHMENTS 1. Agreement For Change In Point Of Liability For Maintenance Of Private Sewer User Infrastructure In The Public Right-Of-Way 2. Temporary License Agreement between ACHD and City Center Redevelopment, LLC Approved for Council Agenda: 3117 2 C.) _ 11 Meridian City Council Meeting A enda March 24,2020— Page 151 of 323 Page g of 2 ADA COUNTY RECORDER Phil McGrane 2020-081562 BOISE IDAHO Pgs=23 BONNIE OBERBILLIG 07/01/2020 02:12 PM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 AGREEMENT FOR CHANGE IN POINT OF LIABILITY FOR MAINTENANCE OF PRIVATE SEWER USER INFRASTRUCTURE IN THE PUBLIC RIGHT OF WAY (Address) This AGREEMENT for Change in Point of Liability for Maintenance of Private Sewer User Infrastructure in the Public Right of Way ("Agreement")is made this day of W" ,,2020,by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and City Center Redevelopment,LLC, ("User") (collectively, "Parties"). WHEREAS,User is the Owner of certain real property, located at 33 E. Idaho Avenue and 703 N. Main Street,Meridian, Idaho Ada County, Idaho, legally described as follows(the "Subject Property"): Lots 2 &3,Block 1 of Renewal Place Subdivision, according to the official plat thereof, filed in Book 106 of Plats at Pages 14631 through 14633,records of Ada County,Idaho AND Lots 21-26 &28-32,inclusive,in Block 2 of the Amended Plat of Townsite of Meridian, according to the official plat thereof,filed in Bookl of Plats at Page 30, official records of Ada County, Idaho. WHEREAS,User is constructing the Main2Meridian Mixed Use Development which constitutes a New Source of discharge into Meridian's Publicly Owned Treatment Works which requires Pretreatment Facilities to be provided, operated, and maintained at the User's expense pursuant to the requirements of Meridian City Code Title 9, Chapter 2 (all capitalized terms are defined in Title 9 of the Meridian City Code); WHEREAS,in most circumstances, a User's Pretreatment Facilities are located on User's real property,but in this instance the creation of urban densities for the mixed use development resulted in the placement of the pretreatment facilities in the public right-of-way; WHEREAS,User's Pretreatment Facilities consist of four in-ground grease interceptors in the public right of way adjacent to User's development, as illustrated on Exhibit A, attached hereto and incorporated herein; WHEREAS,User has obtained a Temporary License Agreement from the Ada County Meridian City Counc?'I4t1nQA0enda March 24,2020— Page 152 of 323 Highway District to allow the placement of the Pretreatment Facilities on the public right of way, recorded as Ada County Instrument Number 2020-008562; WHEREAS, the Meridian City Code sets the point of Liability for Maintenance of User sewer infrastructure as extending from the User's property improvements (building)until such sewer lines pass the vertical plane of the User's property line (MCC 9-4-34); WHEREAS, In consideration for the City of Meridian allowing the User's Pretreatment Facilities to be placed outside of User's real property, User has agreed to a different Point of Liability for Maintenance of User's sewer facilities as set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. POINT OF SEWER MAINTENANCE LIABILITY. A. User agrees to operate and maintain each of the 4" sewer service lines and the sewer grease interceptors identified in Exhibit"A"up until the point at which the 4" grease interceptor discharge service lines intersect with City's 6"building service lines. B. User's grease interceptors and 4" service lines shall be operated and maintained to the same extent as if said User infrastructure was located on User's property as provided in Meridian City Code Title 9. C. The pretreatment requirements of the Meridian City Code shall not be changed or applied differently to User's infrastructure due to this Agreement, except for the point of Maintenance Liability as defined in this Agreement. II.GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty(30) days following delivery of such notice to cure or correct the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. Meridian City CouncPil VingFAgenda March 24,2020— Page 153 of 323 B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to, termination of water service to User, to any successor(s) in interest, and/or to any water User located on the Subject Property. C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 User: City Center Redevelopment, LLC 430 E. State Street, Suite 100 Eagle, Idaho 83616 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all Users of the Subject Property, any and all subsequent Users thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive User or Users shall be both benefited and bound by the conditions and restrictions herein expressed. F. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be exised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by Meridian City Counc 1 4QnV4nda March 24,2020— Page 154 of 323 such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. I. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. J. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. SIGNATURES TO FOLLOW ON NEXT PAGE Meridian City Coun p e t4 Wenda March 24,2020— Page 155 of 323 USER: City Center Redevelopment,LLC STATE OF IDAHO ) ) ss: County of ) I HEREBY CERTIFY that on this_LqT�_day of March C b Roope, Manager before the undersigned,a Notary Public in the State of Idaho, personally appeared Caleb Roope,proven to me to be a Manager of City Center Redevelopment,LLC who executed the said instrument on behalf of said LLC and acknowledged to me the LLC executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and dA 1�,qr��,i� affixed my official seal,the day and year in this certificate first N above written. NOTARY q{r PUBLIC Commission# 20191955 Notary Public for Idaho Myxpi els$1on Residing at Idaho Sep 23.2025 My Commission Expires: q/2,1202r? e t r r E i y ti► STATE OF IDAHO ss: County of a ) CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk STATE OF IDAHO } ) ss: County of Ada } I HEREBY CERTIFY that on this 24th day of March , 2020 before the undersigned, personally appeared ROBERT E.SIMISON and CHRIS JOHNSON,known or identified to me to be the Mayor and City Clerk,respectively, of the City of Meridian,who executed the instrument on behalf of the City of Meridian,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2022 PAGE 5 OF 6 EXHIBIT A DocuSign Envelope ID: DB7BD994-AF86-474F-8538-1D973E76D9D8 2612 2612 � SEWER STATIONING BASED ON PIPE CENTERLINE. EX SSMH N12-585 LABELED PIPE LENGTHS ARE CENTER OF 0 4 8 0 20 40 RIM = 2605.99 STRUCTURE TO CENTER OF STRUCTURE, PIPE SLOPES ARE BASED ON LABELED PIPE LENGTHS EXISTING GROUND SURFACE PROFILE AT PIPE INV IN (E) _ ±2589.18 (8") VERTICAL SCALE HORIZONTAL SCALE 2608 CHANNEL FL = 2588.14 -- 2608 (21" SS MAIN FLOWING _ SOUTH TO NORTH) ------ -------- ------ O SEWER KEYNOTES SEWER NOTES / I / 2604 / I 1. CONFIRM HORIZONTAL ALIGNMENT AND GRADE OF EXISTING SEWER MAIN STUB, ELEVATIONS PER GRADING PLANS, COORDINATE VENT PIPING, CLEANOUTS, & 1. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE 2604 ADJUST SSMH#1 AOSRNEONTAL CESSARY,GADMUSTNEW UPSENT AND DTREOAM PIPEER ACCORDINGLY TO POINT OF CONNECTION POC WITH PLUMBING PLANS. SHOSHALL DETERMINE TN IN AN OXIMATE HE EXACT LOCATION OF ALAY ONLY.THE L EXISTING I 0 NEW SSMH #1 (POC) TING 3 NEW SSMH #2 9. UTILITY TRENCH REPAIR PER ISPWC SD-301 &SD-303(ACHD SUPPLEMENTAL). SEE I I STA: 0+70.32 ORDER TO MAINTAIN DESIGN PIPE SLOPES, PROVIDE DETAILED AS-BUILT ACHD NOTES 3&4 ON SHEET C0.1. SEE GENERAL NOTE 3 THIS SHEET. UTILITIES BEFORE COMMENCING WORK.THE CONTRACTOR STA: 4+65.32 RIM = 2606.61 INFORMATION TO PROJECT ENGINEER. ASSUMES ALL RESPONSIBILITY FOR ANY AND ALL DAMAGES RIM = 2607.95 I I INV IN (E) = 2590.03 (8") 2. REMOVE EXISTING SSCO N14-469 AND EXTEND MAIN PER ISPWC AND CITY OF NON-POTABLE MAIN/SERVICE OR SERVICE/SERVICE INTERFERENCES. CAUSED BY HIS FA ILURE TO EXACTLY UTILITIES.LOCATE AND PRESERVE INV IN (E) = 2591.71 (8") 2600 2600 I I MERIDIAN STANDARDS. 10. SEE CITY OF MERIDIAN WATER NOTE 3 ON SHEET C0.1 FOR POTABLE ANY AND ALL UNDERGROUND = ,� L I N D G R E N = L A 6 R I E INV OUT (W) 2589.93 (8 ) 11. SEE CITY OF MERIDIAN WATER NOTE#2 ON SHEET C0.1 FOR POTABLE I INV OUT (W) 2591.61 (8 ) I I 2. SEE CITY OF MERIDIAN STANDARD SEWER NOTES ON SHEET C0.1. I I 2 EX SSCO N14-469 3. INSTALL STANDARD 48-INCH I.D. SEWER MANHOLE TYPE A PER ISPWC SD-501. NON-POTABLE MAIN INTERFERENCES. 0 NEW SSCO#1 A R C H I T E C T U R E I I STA: 0+00.00 4. INSTALL'T' TYPE CLEAN OUT PER CITY OF MERIDIAN STANDARD DRAWING No.S1. 3. PAVEMENT UTILITY CUT(TRENCH REPAIR)WIDTH SHOWN IS STA: 5+27.32 I I 12. EXISTING 8"WATER MAIN,TOP PIPE _±2601.7, BOTTOM PIPE_±2600.9 BASED ON CONCEPTUAL ONLY. CONTRACTOR SHALL ADJUST WIDTH AS I I COVER = 2605.76 5. INSTALL 8-INCH SEWER MAIN PER ISPWC STANDARDS, SEE SHEET 0.2 FOR DETAILS. ASSUMED 48"COVER(TO BE CONFIRMED BY CONTRACTOR) NECESSARY TO INSTALL SEWER MAINS, MANHOLES,AND COVER = ±2607.93 I I 8 INV OUT (W) _ ±2589.45 6. INSTALL SEWER SERVICE TYPE"B"PER ISPWC SD-601 (ACHD SUPPLEMENTAL), PIPE FIELD FIT 4"AND 6"SEWER SERVICES AND GREASE INTERCEPTOR, PLACE SEWER SERVICES. 8 IN OUT (W) = 2591.96 2596 I I SIZE PER PLAN. SERVICES 18"BELOW WATER MAIN OR USE WATER CLASS PIPE (PVC AWWA C900 4. NEW SEWER MANHOLES&CLEAN-OUTS WILL BE ASSIGNED AN 2596 I I 7. INSTALL 4"x 6"WYE. OR ASTM D2241 PVC PRESSURE PIPE). I.D.#BY ASSET MANAGEMENT AT TIME OF RECORD DRAWINGS. 8. INSTALL 1,500 GALLON GREASE INTERCEPTOR(PRODUCT SUBMITTAL REQUIRED) 13. EXISTING SEWER SERVICE, SEE DEMOLITION PLANS FOR INSTRUCTIONS& W/TWO(2) STANDARD MANHOLE COVERS&FRAMES PER ISPWC SD-507, RIM COORDINATE WITH CITY OF MERIDIAN SEWER DEPARTMENT. I I 5 NEW 62.0 LF 8" SS @ 0.40% 2592 I I I ° 1 5 NEW±70.3 LF 8" SS @ ±0.67% 5 NEW 395.0 LF 8" SS @ 0.40% 2592 �rSi� ►4L�Y Q EX 40 LF 8 @ 0.67/° MATCH SLOPE OF EX PIPE) WING INFO ( a�pti sr�9� y I (RECORD DRAWING IN - ) I I__ INSTALL THREE FULL-LENGTH PIPE SECTIONS 264 A L_ --------- --------- SEWER PROFILE V *F r�OF I�p -0+60 -0+40 -0+20 0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 t',gA(APP O 5/6/ I U I *S0 � FEI El KEOQ ® � � Te O O Q E 0 ® BIKE WSD SD SD 2 EX SSCO N14-469 6 8"SS INV=±2589.69 8"SS INV=±2590.54 6 1 8"SS INV=±2591.10_ ° --- ---------- ❑1 0 1 178° 10 10 -rt----------------------- ---- 10 - ----- � , M8' 1+00 2+00 i 3+00 4+00 --� ------ -__-5+00---J 1 00 8"S 8. =8' O 0 EX SSMH N12-585 EX 40 LF 8" @ 0.67% i i 90° i v 90° I i 90° i i r J (RECORD DRAWING INFO 1 10 1 r------------ -----------r------------------b------ - ---------------------- ----- --------------------------------------!--------------------- r _r----- --------------------------!--------------------- ----J -------- ---------------- -- � � ) NEW SSMH #1 0 11.0' T 10 iE . I D A H0 AVENUE NEW SSMH#2 3 �° g No NEW SSCO#1 4to uJ a (y I to---------- ---------So--- I `9-1 SOUTHERN LIMITS OF NEW PAVEMENT TO COINCIDE WITH g 1 i ■ 12-ISD ■ 1 � 1 I I i I STRIPED CENTERLINE, NORTHERN LIMITS TO COINCIDE 9 1 8"W 'W 7 I WITH STRIPED PARKING LANE(SEE SHEET C5.0) 1 I 7 4"SS INV=±2602.82 i I W (o 4"SS INV IN=±2603.26, ,� I 6"SS INV=±2602.74 1 1 0 10 12 10 12 4"SS INV OUT=±2603.09 8 10 ' I 10 i I ■ •L U. I m I ----- ----- I I 1 I E❑ L.� 1---- ------ g .W 8' B..W 8"W 8.. B..W ,W I - M 1 O W 8 I W 11V - u� _- -________=___ - ________ _ ______ == C 0 O ■ 06 - � J I LLI ----- R/' --- - - RIW - - - - R/W > > BUILDING FOUNDATION PER o 6"SS WASTE LINE INV @ POC=2601.82, 4"SS GREASE LINE INV @ POC=2602.82, 4"SS GREASE LINE INV @ POC=2603.32, 6"SS WASTE LINE INV @ POC=2603.32, STAMP"S"IN SIDEWALK AT PIPE CENTERLINE w COORDINATE WITH PLUMBING PLANS COORDINATE WITH PLUMBING PLANS COORDINATE WITH PLUMBING PLANS COORDINATE WITH PLUMBING PLANS 0) 0 STRUCTURAL DRAWINGS, TYP 6-INCH FLOOR STEP ; o + I n II SEE STRUCTURAL_ DRAWINGS 6"SS SERVICE STUB Oo �505 �_ (6 NEW MIXED USE B U I L D I N G B - --- FOR FUTURE CONNECTION ° o@ ��J b o ❑ 6"INV=2603.00 @��I T .- � o 0 0 ; o oI - FFE 2606.82 FFE 2607.32CN4 LLI Q° I SCo ° I I � M 00 b 0 - - ■ - -L- _, 00 0 O 0 PIL L.L.I06 - Q ° ° i--i IG G 6-INCH FLOOR STEP �° m o o� UJ N )EGATE ■ 3 0 0 0 0 ❑ SEE STRUCTURAL DRAWINGS D 5 0 0 ��Q L.I. 4�-0 a 1 FFE 2606.32 TUCK UNDER PARKING AT GROUND LEVEL TUCK UNDER PARKING AT GROUND LEVEL j a ° m o o a GI O U o O o� U d _ LL W C _ '- I Q )ic Q 00 BI c LU ° 0 0 0 a BUILDING TO REMAIN E ° , ' J o W o 00 L____ rn o° o o°q I EX SEWER SERVICE TO REMAIN z o000 000 G G Q �o 0000 o❑ 0 00 Z '',SI3 6"S OOOO OO EOOOO OOO o � ___ ___ _______________ _______% TUCK-UNDER PARKING AT GROUND LEVEL o❑o°o° 0 0 o ti r FFE 2606.32 a -1 1 r 0 0❑0 0 0 I N I Z e 000000d 10000 0 Y 00000° 1 000 000, / _� 000 0000 N I - -- -- TUCK-UNDER PARKING z c° CARPORT EX SEWER SERVICE TO REMAIN I = AT GROUND LEVEL • I o 1 � . ....... I @�,O EX SSMH N14-28 I RIM = 2608.76 8" INV IN (E) = ±2599.88 - - 0 ` ° - - 8' INV OUT(W) _ ±2599.78 w_ GI R/W R/W R/VV -its RIW R/W ------------- I I L___ ,r __J ___________________TV EX SSMH N 12-584 I v Tv ry -- Tv 1` --------t WOO RIM = 2605.64 I T G T G T .. .. T ST g� $,•S �I 8 s a s $..S - 8„S �� 8'•S .. G G -G .............L I----_• ..................1 J----------- G G 8" INV IN (E) _ ±2596.74 U _ ACHD ALLEY F/o /o T F/O --------- -- ---------T----------------� �� - --- I ---- ------------ -- CHANNELFL =2588.47 - --------- -- -- - HP O a�;''', 8"GI 8"GI 8w�- 8"GI GI IT- -U-GP - UGP - - - Q� ----- �T :e1T LL i -'J`= ` KIVV -- U 8"GI R1W - - O�HP O 1--------- -- ---------- - 8�'GI r'o,j - -----------------rt21Vit-------_------rttiVtt------ -- ---- -- �T - �t1Vtt--T - - f�NV - �,� RIW =__ I T------ T C 1 'LU EX SEWER MAIN TO REMAIN 1 - 1 W ' I ' Q LU o w O 13 13 0 ' -- --: 0 TR O a CARPORT - U O MON SIGN �d C N 1 o w 1 / TUCK-UNDER PARKING AT GROUND LEVEL � X1 I r � � O m 0 0 0 0 0 0 0 0 0 - - zLa ° "A" - _ SEEPAGE BED Q --------------- I I G APPROVED FOR CONSTRUCT i ; I s"RD I I L 6" h - QLPE PLAN REVIEW i _.. I I r----- --� r---------i I'1 i I These plans and/or specifications have been 1 I 1 reviewed by a Qualified Licensed Professional 1 I O COPYRIGHT @ 2019 Lindgren:Labrie 1 0�� I I TUCK-UNDER PARKING AT GROUND LEVEL Architecture, PLLC Any use, reproduction Engineer (QLPE) for compliance with IDAPA w o�Q�� ° i or modification of the documents or the 58.01.08 and 58.01.16 as allowed under 0 0� �� ti __ information contained herein without the ° -- Idaho Code 39-118. If construction does not i �� O� i i ; ; prior permission of i p 1 BUILDING FOUNDATION PER Lindgren:Labrie Architecture, PLLC commence within twelve (12) months of this - �� I I N I i o TYP violates the Copyright laws of the United approval date, plans and/or specifications z ----- ;- .. STRUCTURAL DRAWINGS, LLJ z i r = = States and will subject the violator to must be resubmitted for review. _ I Y FFE 2609.44 g o w - I legal prosecution. LL BUILDING TO REMAIN U ;- '--Y DRAWING SET ISSUED FOR NEW MIXED USE BUILDING "All o�us,g"�ay: I I � ' -- -- ~ CITY PERMIT S E T I I I 11621 5/28/2019 I � I I i -'L - - ,17A2F17973EF4E=... 6"F _ _..a.. Lic. No. Date Keller Associates, Inc. • 208-288-1992 o GREASE LINE INV @ POC=2604- O COORDINATE WITH PLUMBING PLANS __ _______ � 3 i 4"SS GREASE LINE INV @ POC=2606.11, 5"SS WASTE LINE INV @ POC=2604.52, ~r PIV "' I COORDINATE WITH PLUMBING PLANS COORDINATE WITH PLUMBING PLANS ' SEWER PLAN N TM FDCo F I F; I ' I t. - Vt - . LL O I; . - - - - - - - & PROFILE 1pt( Z T - - R ® R/W OW ® ❑ /W R - - (t/ ❑ T e ® (] Q " ------ -- ---- � I - --------------------- 9r I LL 4 SS INV IN-+2605.94, - 8 AWING SHEET REVISIONS GI 8 I 8 GI 8"GI 8"GI 8"GI 8"GI 8"GI 8"GI I 8"GI $"GI ` f 4"SS INV=±2604.22 MAX ---- I ' _ -- 7 V=±2604.04 _ _T - DR -- �- i �- -- --- -- - ---- --- --- ----ABANDON EDw,�Tf��+n�E ----------------' -------------- -------------------- RECORD DRAWING INFO -ASANt�on�D1 �n►A�ER�I�-- N-N- - 4"SS INV OUT=±2605.77 s '•-� - - - -- ----- --ABANDONED s"w�aTEI�LI�dE- ----- Q DATE REMARKS �►- ---------------------------- -------------------------- ---------------------------------- ------------------------------------------------------------------ --------------------------------- EX SSMH N14-140 -------------------------------------------------- ------- �- _ o..W o RIM = ±2606.17 I II N N 10"W 1 o"W 18" INV IN (E) = ±2593.19 10"w i i 1 o"W 10"W I 8,1 0"W 10"W 10"W 10"W AQUASHIELD O „ = - L------ 4"SS INV IN=±2604.70, 10 I c� 18 INV OUT (W) +2593.09 g 10 I 10" ° 1 o"w 4"SS INV OUT=+2604-53 LL r, _ ----------18" 1 O� --1� 18"S 18"S- - -1�.. 18'S ----------- ------ _1 �O 1 EX 251 LF 18" PVC } - 18 S 1 18"S EX SSMH N14-462 18"s 18"S 1 6 s"SS INV=±2593.24 w �O (RECORD DRAWING INFO) RECORD DRAWING INFO ❑ EX SSMH N14-141 E B R O A D W A YI A V E N U E �a•� EX SSMH N14-306 wO O❑ ❑ aS..56 O❑ 15"SD 15"SD 15"SD 15"Sp 15"SD -15"SD O❑ 15"SD ❑ 15"SD RIM = ±2609.45 C�E I�Do * APPROVED FOR 18" INV IN (E) _ ±2593.37 X 1 co 18" INV IN (S) _ ±2594.13 DRAWN BY: BEA a W - CONSTRUCTION 18" INV OUT(W) _ ±2593.27 cli These plans and/or specifications have been reviewed for JER Z o compliance with Meridian City Standards and Specifications. G1 CHECKED BY: N O This review does not relieve the owner, engineer, or contractor 6 MAY 2019 Zof the responsibility to design and/or construct those facilities DATE: W in compliance with all current applicable federal, state and local � "GI laws, rules, regulations, ordinances, development agreements, W SCALE: AS NOTED N SEWER PLAN SSCO specifications, orders or approvals, all of which the City retains v� o the right to enforce. Inconsistencies not noted by City staff shall R171127 I not be construed as approved unless specifically addressed FJOB NO. in writing by the City. Any proposed revision to these plans must 20 0 20 40 be submitted for review and compliance with the Meridian City Standards and Specifications before said revision is constructed. W RENN150NENGINEERING C401 Name Date PO Box 1001 Eagle, Idaho 83616 P: 208-938-2440 a Meridian City Council Meeting Agenda March 24,2020- Page 158 of 323 ADA COUNTY RECORDER Phil McGrane 2020-008562 BOISE IDAHO Pgs=16 BONNIE OBERBILLIG 01/22/2020 03:38 PM ADA COUNTY HIGHWAY DISTRICT NO FEE LAC2020-0001 Main2Meridian Mixed Use Development/ COM19-0082 T 3N R I E Sec 07 (space reserved for recording) TEMPORARY LICENSE AGREEMENT THIS JEMPORARY LICENSE AGREEMENT (the "Agreement") is made and entered into this Zlf-- day of. r _ 2020, by and between the Alec, COUNTY" HIGHWAY DISTRICT, a body politic and 'Corporate of the state of Idaho, ("ACHD") and City Center Redevelopment, LLC ("Licensees"). W I T N E SETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 Licensee owns the real property adjacent to the public right-of-Way located in Ada County, Idaho, municipally described as 03 E. Idaho Avenue and 703 H. Main Street, and more particularly described on Exhibit "A" attached hereto ("Licensee's Property"). 1.2 ACHD owns and has exclusive jurisdiction over the public right-of-way adjacent to Licensee's Property, located in Ada County, Idaho, municipally described as E. Idaho Avenue and N. Main Street both located in Meridian, III 83042 more particularly described and/or depicted on Exhibit "B" attached hereto (the "Right-of-Way"). 1.0 Licensee desires a license to use the Fight-of-Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right-of-Way for the following Uses and purposes ("Authorized Lase") and no others: Licensee is to construct, install, and maintain features consisting of (4) grease interceptors and the associated piping per the ACHD approve' civil drawings located within ACHD right-of-way along E. Idaho Avenue and N. Main Street Pretreatment devices (e.g. grease interceptors) situated within the ACHD Right-of-Way must he inspected and maintained as per Meridian Pretreatment Ordinance 9-2-1. Licensee to TEMPORARY LICENSE AGREEMENT- Page 1 (3129/06) Meridian City Council Meeting Agenda March 24,2020— Page 159 of 323 LAC2020-0001 Main2Meridian Mixed Use Development/COM19-0082 T 3N R 1 E Sec 07 (space reserved for recording) TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT (the "Agreement") is made and entered into this day of , 202o, by and between the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, ("ACHD") and City Center Redevelopment, LLC ("Licensees"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 Licensee owns the real property adjacent to the public right-of-way located in Ada County, Idaho, municipally described as 33 E. Idaho Avenue and 703 N. Main Street, and more particularly described on Exhibit "A" attached hereto ("Licensee's Property"). 1.2 ACHD owns and has exclusive jurisdiction over the public right-of-way adjacent to Licensee's Property, located in Ada County, Idaho, municipally described as E. Idaho Avenue and N. Main Street both located in Meridian, ID 83642 more particularly described and/or depicted on Exhibit "B" attached hereto (the "Right-of-Way"). 1.3 Licensee desires a license to use the Right-of-Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE: LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right-of-Way for the following uses and purposes ("Authorized Use") and no others: Licensee is to construct, install, and maintain features consisting of (4) grease interceptors and the associated piping per the ACHD approved civil drawings located within ACHD right-of-way along E. Idaho Avenue and N. Main Street. Pretreatment devices (e.g. grease interceptors) situated within the ACHD Right-of-Way must be inspected and maintained as per Meridian Pretreatment Ordinance 9-2-1. Licensee to TEMPORARY LICENSE AGREEMENT- Page 1 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 160 of 323 contact Digline Inc. prior to start of construction. Licensee to contact Construction Services at 387-6280 to verify if a construction permit is required. 2.2 This Agreement does not extend to Licensee the right to use the Right-of-Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right-of-Way has been opened as a public Highway (as used in the Agreement the term "Highway" is as defined in Idaho Code § 40-109(5)) Licensee's Authorized Use is subject to the rights of the public to use the Right-of- Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-of-Way and statutory rights of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION, OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance, of the Licensee's improvements currently located in the Right-of-Way or the installation or construction of improvements by Licensee in the Right-of-Way as permitted by the Authorized Use, (the "Improvements"), shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, non-transferable, and merely a permissive use of the Right-of-Way pursuant to this Agreement Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement will commence on the V s% day of Te -4 2 202 O , and will continue until terminated by either party, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given the other party. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). TEMPORARY LICENSE AGREEMENT- Page 2 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 161 of 323 Licensee shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 6. FEE. There is no fee for the Licensee's Authorized Use of the Right-of-Way under this Agreement SECTION 7. MAINTENANCE; FAILURE TO MAINTAIN; RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right-of-Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7.1, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of, and at the cost of Licensee necessary emergency repairs. 7.4 Licensee will be responsible for the relocation of any existing utilities located on the Right-of-Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right-of-Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation TEMPORARY LICENSE AGREEMENT- Page 3 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 162 of 323 and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, and pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in or to the Right-of-Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right-of-Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee will promptly remove all Improvements and restore the Right-of-Way to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-of-Way, ACHD may do so, and assess Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right-of-Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right- of-Way under this Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of- way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right-of-Way. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the Right-of-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right-of-Way by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement Licensee's obligations pursuant to this section shall survive the termination of this Agreement. TEMPORARY LICENSE AGREEMENT- Page 4 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 163 of 323 SECTION 15. COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right-of-Way, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste or allow any nuisance on the Right-of-Way. Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this Agreement, the license herein extended, or any of its rights hereunder except with the prior written consent of ACHD, which consent will not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. If to ACHD: Ada County Highway District 3775 N. Adams St. Garden City, Idaho 83714 If to Licensee: City Center Redevelopment, LLC 430 E. State Street, Suite 100 Eagle, ID 83616 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding TEMPORARY LICENSE AGREEMENT- Page 5 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 164 of 323 upon the parties hereto and their successors and, if consented to by ACHD under section 16, Licensee's assigns. SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. RECORDATION. This Agreement shall be recorded by ACHD upon execution in the Official Real Property Records of Ada County, Idaho. SECTION 22. Warranty of Authority to Execute. 22.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 If Licensee is not a natural person, the person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. LICENSEE: City Center Redevelopment, LLC By: Caleb Roope Its: Manager TEMPORARY LICENSE AGREEMENT- Page 6 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 165 of 323 STATE OF IDAHO ) ) Ss. County of Ada ) This record was acknowledged before me on by Cwf-�i� EML [date] [name(s) of individual(s)] as Y1 [type of aut6brity, such as officer or trustee] of L [nanje of party on behalf of whom rdcord was executed] Signat re o notary public ICATIE CALLEN COMMISSION#65899 NOTARY PUBLIC STATE OF IDAHO [COMMISSION EXPIRES 07/M2021 - - - - - - - - - - - - - My commission expires: TEMPORARY LICENSE AGREEMENT- Page 7 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 166 of 323 ADA COUNTY HIGHWAY DISTRICT /I By: William J. Gall Its: Development Review Supervisor STATE OF IDAHO ) ) ss. County of Ada ) This record was acknowledged before me on 20_ by William J. Gall as Development Review Supervisor of the-Ada County 'g way District. Signature of notary public TAMARA TUCKER NOTARY PUBLIC STATE OF IDAHO COMMISSION#60975 My commission expires: — � Z 7 EXHIBITS Exhibit A- Description of Licensee's property Exhibit B- Depiction of ACHD Right-of-Way and Licensee's Use of the ACHD Right-of-Way The Ada County Highway District(ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. TEMPORARY LICENSE AGREEMENT- Page 8 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 167 of 323 A ADA COUNTY RECORDER Phil McGrane 2019-016214 BOISE IDAHO Pgs=2 CHE FOWLER 02/2812019 02:33 PM TITLEONE B015E $15.00 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: MERIDIAN DEVELOPMENT CORPORATION 101 E.Fairview Avenue,Suite 239 Meridian,Idaho 83642 WARRANTY DEED For value received THE MERIDIAN DEVELOPMENT CORPORATION,.an urban renewal agency created under the laws of the State of Idaho, ("Grantor"), conveys, ,grants,bargains, and sells to City,Center Redevelopment, LLC, an Idaho limited Liability Company ("Grantee,,), whose cat address is 430 East, State Street, Suite 100, Eagle, Idaho, and its successors and assigns forever, the following described real property commonly known as 33 E.Idaho Ave.,situated in Meridian,Ada County,State of Idaho: Lots 21,22,23,24,25, 26, 28,29, 30, 31 and 32 in Block 2 of The Amended plat of Townsite of Meridian, according to the official plat thereof, filed in Book 1 of Plats at Page 30,official records of Ada County, Idaho. SUBJECT TO taxes and assessments for the current year and all subsequent years, together with any and all•existing easements, rights-of-way, reservations, restrictions and encumbrances :of record, to any existing tenancies,to all zoning laws and ordinances,and to any state of facts an accurate survey or inspection of the premises would show. - This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said real property,that the real property is free from all encumbrances,excepting those as may be herein set forth,and excepting those of record,and that Grantor will warrant and defend the same from all lawful claims; All rights and interests to the above described real property granted and conveyed herein by Grantor to Grantee shall revert back to the Grantor immediately if,by May 30,2019,Grantee has not completed demolition of all structures located on and commenced development of the real property described as the North half of Lots 12, 13, 14, 15 and 16 in Block 2 of the Amended Townsite of Meridian,according to the Official Plat thereof,Filed in Book 1 of Plats at Page 30,records of Ada County, State of Idaho and the real property more specifically described as Lots 21, 22,23,24,25, 26,28,29, 30,31 and 32 in Block 2 of The Amended Plat of Townsite of Meridian,according to the official plat thereof,filed in Book 1 of Plats at Page 30,official records of Ada County,Idaho. This right of reversion runs with the land and shall be binding upon the Grantee and all its successors, heirs, transferees and assigns,if any. Warranty Deed—Page 1 Meridian City Council Meeting Agenda March 24,2020— Page 168 of 323 IN WITNESS WHEREOF, r the Grantor has executed this instrument on this ay of February 2019. GRANTOR ZME DEVELOPMENT CORPORATION A T: Dave Winder,Chairman Steve lassek,Secretary STATE OF IDAHO )ss. County of Ada This record was acknowledged before me® , 2019 by Dave Winder and Steve Vlassek on behalf of the Meridian Development Corporation, 'n their capacities as Chairman and Secretary,respectively. (sip) .Notary Signature My con ssiotti Facp. �! pU$L�C t� s r Warranty Deed—Page 2 Meridian City Council Meeting Agenda March 24,2020— Page 169 of 323 ADA COUNTY RECORDER Phil McGrane 2019-016213 BOISE IDAHO Pgs=2 CHE FOWLER 02/28/2019 02:33 PM RECORDING REQUESTED BYAND TITLEONE BOISE $15.00 WHEN RECORDED RETURN TO: MERIDIAN DEVELOPMENT CORPORATION 101 E.Fairview Avenue,Sure 239 Meridian.Idaho 8.4642 IF P- 0 113 s► /sue WARRANTY DEED For value received THE MERIDIAN DEVELOPMENT CORPORATION,an urban renewal agency created under the laws of the State of Idaho, who acquired title as Urban Renewal Agency of the city of Meridian, Idaho,also known as Meridian Development Corporation, an independent public body corporate and politic,organized under the laws of the state of Idaho("Grantor"),conveys,grants,bargains,and sells to City Center Redevelopment,LLC,an Idaho limited Liability Company("Grantee"),whose current address is 430 East State Street,Suite 100,Eagle, Idaho, and its successors and assigns forever,the following described real property commonly known as 713 N.Main St.,situated in Meridian,Ada County, State of Idaho: Lot 3 in Block 1 of Renewal Place Subdivision, according to the official plat thereof, filed in Book 106 of Plats at Pages 14631 through 14633, records of Ada County, Idaho. SUBJECT TO taxes and assessments for the current year and all subsequent years, together with any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said real property;that the real property is free from all encumbrances,excepting those as may be herein set forth,and excepting those of record,and that Grantor will warrant and defend the same from all lawful claims. All rights and interests to the above described real property granted and conveyed herein by Grantor to Grantee shall revert back to the Grantor immediately if,by May 30,2019, Grantee has not completed demolition of all structures located on and commenced development of the real property described as Lot 3 in Block 1 of Renewal Place Subdivision,according to the official plat thereof, filed in Book 106 of Plats at Pages 14631 through 14633,records of Ada County, Idaho. and the real property more specifically described as Lots 21, 22, 23, 24, 25, 26, 28, 29, 30, 31 and 32 in Block 2 of The Amended Plat of Townsite of Meridian, according to the official plat thereof, filed in Book 1 of Plats at Page 30, official records of Ada County, Idaho. This right of reversion runs with the land and shall be binding upon the Grantee and all its successors, heirs, transferees and assigns, if any. Warranty Deed—Page 1 Meridian City Council Meeting Agenda March 24,2020— Page 170 of 323 RECORDING REQUESTED BYAND !<LECTR4NtCALIY fiECOFti WHEN RECORDED RETURN TO; MERIDIAN DEVELOPMENT CORPORATION STAMPED FIRST PAGLr t,,WCORPO"tATED AS PA01 101 E.Fairview Avenue,Suite 239 THE t)RIUtfl#Al_iDOCLIMEN.I Meridian,Idaho 83642 I8' �'� ai13 sr /sue WARRANTY DEED For value received THE MERIDIAN DEVELOPMENT CORPORATION,an urban renewal agency created under the laws of the State of Idaho,who acquired title as Urban Renewal Agency of the city of Meridian, Idaho, also known as Meridian Development Corporation, an independent public body corporate and politic, organized under the laws of the state of Idaho("Grantor"),conveys,grants,bargains,and sells to City Center Redevelopment,LLC,an Idaho limited Liability Company("Grantee"),whose current address is 430 East State Street,Suite 100,Eagle,Idaho,and its successors and assigns forever,the following described real property commonly known as 713 N.Main St.,situated in Meridian,Ada County,State of Idaho: Lot 3 in Block 1 of Renewal Place Subdivision, according to the official plat thereof, filed in Book 106 of Plats at Pages 14631 through 14633,records of Ada County, Idaho. SUBJECT TO taxes and assessments for the current year and all subsequent years, together with any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to any existing tenancies,to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said real property;that the real property is free from all encumbrances,excepting those as may be herein set forth, and excepting those of record,and that Grantor will warrant and defend the same from all lawful claims. All rights and interests to the above described real property granted and conveyed herein by Grantor to Grantee shall revert back to the Grantor immediately if,by May 30, 2019,Grantee has not completed demolition of all structures located on and commenced development of the real property described as Lot 3 in Block 1 of Renewal Place Subdivision, according to the official plat thereof, filed in Book 106 of Plats at Pages 14631 through 14633,records of Ada County,Idaho. and the real property more specifically described as Lots 21, 22, 23, 24, 25, 26, 28, 29, 30, 31 and 32 in Block 2 of The Amended Plat of Townsite of Meridian, according to the official plat thereof, filed in Book 1 of Plats at Page 30, official records of Ada County, Idaho. This right of reversion runs with the land and shall be binding upon the Grantee and all its successors, heirs, transferees and assigns, if any. Warranty Deed—Page 1 Meridian City Council Meeting Agenda March 24,2020— Page 171 of 323 IN WITNESS WHEREOF,the Grantor has executed this instrument on thisday of February 2019. GRANTOR ME .' IAN DEVELOPMENT CORPORATION jSteve Dave Winder,Chairman V ssek,Secretary STATE OF IDAHO ) )ss. County of Ada ) This record was acknowledged before me on1 , 2019 by Dave Winder and Steve Vlassek on behalf of the Meridian Development Corporation,in eir4 capacities as Chairman and Secretary,respectively. (stamp) V., �' �L& �' «�« Notary Signature 1 NM ( ► My Commission Expire tl o►> A+UBLtC . F Warranty Deed—Page 2 Meridian City Council Meeting Agenda March 24,2020— Page 172 of 323 �1 ADA COUNTY RECORDER Phil McGrane 2019-025864 ACCOMMODATE }f BOISE IDAHO Pgs=1 LISA BAIT 04/021201912:59 PM G TITLEONE BOISE $15.00 i�ECORDiN Warranty Deed For value received, Novembrewhisky Properties,LLC,an Idaho limited liability company the grantor,does hereby grant,bargain,sell,and convey unto City Center Redevelopment,LLC,an Idaho limited liability company whose current address is 430 East State Street,Suite 100,Eagle,Idaho the grantee,the following described premises,in Ada County,Idaho,to wit: Lot 2 in Block 1 of Renewal Place Subdivision,according to the official plat thereof,filed in Book 106 of Plats at Pages 14631 through 14633,official records of Ada County, Idaho. To have and to hold the said premises,with their appurtenances unto the said Grantee,its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that Grantor is the owner in fee simple of said premises;that they are free from all encumbrances except those to which this conveyance is expressly made subject and those made,suffered or done by the Grantee;and subject to all existing patent reservations,easements, right(s)of way,protective covenants,zoning ordinances,and applicable building codes,laws and regulations, general taxes and assessments, including irrigation and utility assessments(if any)for the current year,which are not due and payable,and that Grantor will warrant and defend the same from all lawful claims whatsoever.Whenever the context so requires,the singular number includes the plural. Dated: March 25,2019 No mbre roperties,LL n Idaho limited liability company t- J ua A.Evarts,Manager State of 'rat'" County of Az 'Ss. On this day of�0/ 2019,before me,the undersigned,a Notary Public in and for said State, personally appeared Joshua A. E a� rts,known or identified to me to be a Manager of the limited liability company that executed the within instrument and acknowledged to me that he executed the same for and on behalf of said limited liability company and that such limited liability company executed it. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CATHERINE E NOBLE Notary Public for Idaho COMMISSION NO,2gn9 NOTARY PUBLIC My Commission Expires: -O 30 a 'oZ� STATE OF ICAMO Meridian City Council Meeting Agenda March 24,2020— Page 173 of 323 R RENNISONENGINEERING11 PO Box 1001 Eagle,Idaho 83616 P.208.938.2440 Plans Are Accepted For Public LINDONEN:LABRIE �j � OUT Street Construction A a O s!r r. c i u R e dPL�J• Y �■". NEW FIRE HYDRANT LOCATED LESS THAN 100 FEET FROM wpwwwua•..eara.erwn.rR.A®or�d BUILDING'B"FIRE DEPARTMENT CONNECTION(FDC)T R.y..a�°aa:�°viA""°"•+" MORE THAN 40 FEET FROM BUKOING AS REQUIRED BY CITY G.n twr•tL °,,� •c L9 8 's SEWER SERVICE TO SERVE GROUND FLOOR COMMERCIAL 1 01A SPACE(WITH GREASE INTERCEPTOR)&PORTFUPSTAIRS APARTMENTS,TYP OF 2 THIS BUILDING SEE SHEET C4.1 MAIN EIEOT IC TUBS FORSEE PLAN EC4.1 SEESHEEP -- - - �~ ____ ______ _ -- 77 "t 1 cD -----' r FIRE LINE 8 DUEL METERED- __- -------- ---`-- ------ --- __-... ;"��_.__._��__4�.. ':.. :....,. r SERVICE TO RISER ROOM E. I D A H O AVENUE. Z i SEE SHEET C42 � w -- I I I m BUILDING FOUNDATION PER - - - - - - - ---- �, -' \` 0 LLJ 06 STRUCTURAL DRAWINGS TYP - ,A.... - _ !. i -._ r-_ - —� " ® J --rw _ W c • .w I , , ■ sty - '-� '}av ". c °V/ > > \ % 1/ @ v e .` RISER ROOM, 9 / C m CITY STANDARD5TREETLIGHT,nP NEW MIXED USE BUILDING°B" "' ELECTRICAL ROOM W v SEE SHEET C4.5&SffE ELECTRICAL PLAN(SHEET E1.0) � .,-� � - o{ � U) — ul Uj co \Tuck \• m r bow & C X <n �: \ �• ;y i A. / Iilr' BUILDRIGTOREMAIN STORM DRAINAGE I I Q ) o PaWYI■ATOR71A411EVB. I� $e n SEEPAGE BED,TYP OF 2 � SEE SHEET C3.0 I � �..TucKtamm�rAwlwo �waoRr,j j j �� Z AT atouro�a ti fi f!f \ �®I� _ i w --D ALLEY a Milo t Z �' i 1 � � �>� I � ..� IULYNAmENPNWNea■IOIR■IFYH � _ ' - O_' REALIGNMENT OF EX GRAVITY IRRIGATION LATERAL 'I BLIC UTIL1T1E5 .:.:. 5 Y_ �. UNDERGROUND'r- MODIFICATION'S TO PU __e .M� - • 77>rTlTl%3']7TTL7/TT7TT Tl SEE SHEET C4.4 SEE SHEET CA.5 f \ o REALIGNMENT OF EX WATER SERVICE CENTURYLlNK SEE SHEET C4.2 I t \: \, \ LINE € TO BE RELOCATED UNDER SIDEWALK I TucAux"ERrARRxeATa°wxo Y SEE SHEER C45 Co ®]Ot"latlaenlnble -eel"$v«4Y3- I /`>" I _ .., A \ mam"a'malronam Taommexurc d 44" Y q _y e �� "� I ELECTRICAL ROOM BUILDINGFOUNDATIONPER umRrcn iaweaanew.e,vue STRUCTURAL DRAWINGS,TYP �"�"+•�anuN l.vsame uao-a FIRE LINE 8 DUEL METERED DRAL AIIG&ET 183UED FOR ' EX SUBSURFACE STORMWATER I:. SERVICE TO RISER ROOM I NEW MIXED USE BUILDING ' 1 DISPOSAL SYSTEM TOIREMAIN SEE SHEETC42 CITYPERMIT SET & i .. �'�✓�1<' � �tGGl.Lul.<,L,r rJllf:d RDDM \ ,, Y .-_ OVERALL r�.� ---`—� •��" 9"" '}— � i -1 _ LEI+ ; ) UTILITY PLAN DRAWING SHEET REVISIONS __T--------- __._ _--__—__ ___ --.1BARaeRPeb M'ATFalME _ SATE REMM"3 ■ ! Rh i k AQw Ilwa ------ a•w .ova ---,o",.. ,^ o E. BROADWAY AVENUE _ ^ BEA 14 JUNE 2019 OVERALL LTTHXrY PLAN ■ -- scA E. AS NOTED SEWER SERVICE TO SERVE GROUND FLOOR ,aa- R171127 ! w u so w COMMERCIAL SPACES PITH 2 GREASE INTERCEPTORS)g UPSTAIRS APARTMENTS A "O SEE SHEET C4.1 4 Meridian City Council Meeting Agenda March 24,2020— Page 174 of 323 NONE MENEEMEMEM IM10=- ® 031, -- © OSEWER KEYNOTES SEVITR NOTES OPDMTONAINTAIN DESIGN PIPE SLOPES.PROVIDE Di�-T i �m. u OEMINN m ■��,� ch cone 4. MEN 7",ST MEN E ®�I 1 .. )—drazVOW 1500-gallon grease interceptor - ' o�pC © o and 4-inch sewer service line La p �respons b ity of Cainterancty ofMerid service (No oftypilcal)s ar - e ©� 00 .Lr;�o 0 oil _ c o ■■■iii■■ -J 01 eJ Cl■ ® -J {I !e ,aye■■lt1 ?�! - mutual -J:■milm ■■■®■■■■,■■i� ��i�■ 'f ■ a�L: ■C17r.■■■r■P�■A■ ■ ■RM■■■■triCitm■�i1��■ii (� . ■l�al-A��F , u, 1� p� �®41 4lliliii� iioi null��:!Ih �� (•1 ��\nt N�� = ��_�_ _ ❑ r.� c�\\��\ Mir Mir rwmr \\� \\� \(1)1,500-gallon grease Interceptor \\ I 4-inch sewer service line\\\ „n -- ImInK WE 110 FL 101 NINOMMOMMENNE! Ad I P mmo - -- Is OMNI,11011 ON �\ ��ilk • ��\ \ \\ ■ 1I EMKINIRS, .1 Pop 1i r ( .T7�i� ulr!■�ii�g;�i' i!_ ��i�e�i D� iyi`'m1■■m■■ PROFILE _list •LAN Ill '�ra ► r la, � n : � - m■i,� 1,500-gallon grease interceptors� 4-inch sewer service lines 70C _ �� m CAE ��AN ITEM SHEET IDAHO Council Agenda Item - 51. Presenter: Estimated Time for Presentation: Title of Item - Purchase and Sale Agreement between Naomi Investments LP (Seller) and City of Meridian (buyer)for 40 acres of real property on Ten Mile Rd. near Ustick Rd. for WWRF expansion Attachment to be added asap Council Notes: ATTACHMENTS: Descriptio Typ pload Purchase & Sale Agreement jAgreements/Contracts 3/23/2020 REVIEWERS: Departm Clerk. Johnson, Chris Approved 3/21/2020 - 3:01 PM Meridian City Council Meeting Agenda March 24,2020— Page 176 of 323 r Purchase and Sale Agreement Colliers Paragon, LLC March 17, 2020 I. This Purchase and Sale Agreement.. ("Agreement") is entered into by and between The City of Meridian, an Idaho Municipal Corporation, hereinafter called ("Buyer") agrees to purchase and Naomi Investments L.P., hereinafter called ("Seller") agrees to sell the following described real estate hereinafter referred to as ("Property"). 2. PROI'I RTY ADDRESS AND LEGAL DESCRIPTION. The Property commonly known as TBD N. Ten Mile, City of'Meridian, County of Ada, State of Idaho, situated on 40.915 +/_ acres of land, and legally described as set forth in the attached Exhibit A. Buyer and Seller authorize the Escrow Agent (as such term is defined in Section 3) to make corrections to the legal description at their request. The failure to have a hill or complete legal description shall not render this Agreement void. 3. EARNEST MONEY. (i) Within five (5) business clays of mutual execution of this Agreement, Buyer shall deposit Two Hundred Thousand Dollars and NO/100 Dollars ($200,000.00) in the form of'cash (the "Earnest Money Deposit") as earnest money with Michelle Cabbage, Escrow Officer or assignee, Pioncer Title Company, 775 S. Rivershore Lane, Suite 120. Ea-le Idaho 83646, Phone: 208-938-7484, Email: mcabbage@pioneertitleco.com (the "Title Company" and/or"Escrow Agent"as applicable). Stlblect only to the Buyer's Conditions Precedent set forth in Section 6 of this Agreement, and absent Seller's breach or inability to perform, the Earnest Money Deposit is non-refundable but such Earnest Money Deposit and the accurnulated interest thereon shall be applied against the Purchase Price at closing and refunded to Buyer only in the event this Agreement is terminated as a result of the Seller's breach hereunder. In the event this Agreement Is terminated after Buyer's Conditions Precedent have been waived or satisfied, or the sale fails to close, by reason of`a breach by Buyer, The Earnest Money Deposit shall be paid to Seller. (ii) Earnest Money Deposit shall be deposited with the Escrow A0ent and shall be held in trust in accordance with the terms and conditions of this Agreement. 4. PRICE/TERMS. Total Purchase Price is Three Million Eight Hundred Eighty Six Thousand Nine Hundred Twenty rive Dollars and NO/100 Dollars ($3,886,925.00), ("Purchase Price"). (i) $200.000.00 Earnest Money Deposit (ii) S 3,686,925.00 Balance of the Purchase Price to be paid in cash at Closing Page 1of13 4s— BLI�cr Initsnls Scher Initials 5. INCLUDED ITEMS. Tile land described in Exhibit A attached to this Agrcement, the improvements located on the land including all fixtures attached thereto(if any),and all easement rights, mineral rights, other appurtenances, water and water rights appurtenant to or used on the Property including, but not limited to. any right Seller may have to receive natural flow and/or stored water delivered through any ditch, canal or water company's facilities, or under entitlements held by a third party for use on the Property, and all shares, certificates. and other doCuments evidencing such water rights. Other items slecifically included in this sale: None Items specifically excluded from this sale: None G. ADDITIONAL TERMS, CONDITIONS, AND CONTINGENCIES. The date upon which the following conditions and contingencies must either be satisfied or waived shall be Sixty(60)clays from mutual execution of this Affeement, (the"Satisfaction Date"). ZP 6.1 BUYER CONDITIONS: The closing of this transaction is contingent upon satisfaction or waiver by Buyer of the following conditions: Inspection: Upon mutual execution ol'this Purchase Agreement Buyer shall be given full opportunity to inspect and investigate and to accept to Buyer's satisfaction,each and every aspect of the Property independently or through agent(s) of Buyer including,, but without limitation with reward to: i. All matters relating to survey, environmental audit, and title together with all governmental and other legal requiremelts such as taxes. assessments, zoning:, environmental studies, use permit requirements and codes. ii. Buyer shall further be granted access to inspect the physical condition of the Property and all matters relating to the internal and external maintenance of any improvements of the structures and/or grounds related to the Property. iii. Approval of the Due Diligence Materials setforth in Exhibit B attached hereto that shall be delivered to Buyer within three (3) days of the mutual execution of this Agreement. If any of the foregoing conditions remain unsatisfied and unwaived by Buyer on the Satisfaction Date this Agreement shall terminate, provided Buyer has given written notice of such unsatisfied and unwaived conditions to Seller by the Satisfaction Date, and the Earnest Money Deposit shall be returned to Buyer. Failure or Buyer to give written notice to Seller of unsatisfied conditions by the Satisfaction Date shall be deemed to be waiver by Buyer of all such conditions and the Earnest Money Deposit shall become non-refundable and applied to the Purchase Price at Closing. 7. FINANCING CONTINGENCY. None. Pa-e2of13J Ruver lstitials Seller Initials 8_ TITLE COMPANY/ESCROW AGENT. The parties agree that the TITLE COMPANY/Escrow Agent as defined in Section 3, shall provide any required title policy and preliminary report or commitment. Each party agrees to pay one-half of the Escrow Agent's fees. 9. ESTOPPEL CERTIFICATE(S). Intentionally Deleted 10. BUYER/SELLER Licensed Real Estate Disclosure. IrteMiW, 1-1 -eivetM7 Listing Agent, Dan Johnson of Epic Realty is related to the Seller. 11. TITLE INSURANCE. Seller shall provide and pay for an ALTA Owners Standard Coverage Title Policy insuring the Buyer for the amount of the purchase price. Extended coverage is not required. Additional premiums for extended coverage if requested by Buyer shall be paid by Buyer. Seller shall cause the Title Company to provide Buyer with a preliminary title report or commitment together with copies of all underlying documents giving rise to any exceptions listed therein within five (5) business days of mutual execution of this Agreement. Buyer shall have ten (10) days from receipt of the preliminary title report or commitment to object, by written notice to Seller, to the condition of title as set forth in the report. In the event the Buyer makes written objection to any exception to title, Seller shall have a reasonable time, not to exceed five(5)days,to remove any such objection to exception or provide affirmative title insurance coverage, and in the event the Seller cannot remove, or is unwilling to remove, such objected to exceptions or provide affirmative title insurance coverage, the Buyer may elect, as its sole remedy, to (a) either terminate this Agreement or (b) proceed to closing, taking title subject to such exceptions. If the Buyer does not object within the time frarne set out above, the Buyer shall be deemed to have accepted the condition of the title. In the event Buyer elects to terminate this Agreement as provided herein, the Buyer shall be entitled to the return of all refundable deposits made by Buyer. The final title insurance policy shall be delivered to the Buyer by the Title Company as soon as possible after Closing. 12. CLOSING DATE. On or before "Closing" ("Closing") shall be deemed to be the date on which the deed is recorded and the sales proceeds are available for disbursement to Seller and as otherwise directed by the parties. Buyer and Seller shall deposit with the Escrow Agent all funds and instruments necessary to complete the sale. Closing shall occur no later than Thirty (30) business days after the Satisfaction Date. 13. DOCUMENTS TO BE DELIVERED AT CLOSING. On the date of Closing; Seller shall have executed, or caused to be executed, and delivered to the Closing Agent the following documents, if required by Buyer, in a form reasonably acceptable to Buyer and Seller: (a) Warranty Deed. (b) An Assignment and assumption of all leases, warranties, contracts, and guarantees that effect the Property in a form mutually agreed to between the parties, (if applicable). (e) Bill of Sale(if applicable). a Page 3 of 13 93- Or S-�S Bm:F hntfals Seller Initials 14. POSSESSION/PRORATION/CI..OSING COSTS. Buyer shall be entitled to possession on the clay of Closing, subject to the existing farm lease which requires buyCr to not interfere with the harvesting- of the crops for the current growing season. Seller shall collect rents l'rorn tenant per the existing lease and Buyer and Seller shall prorate lease proceeds at closing. Taxes and water assessments (using the last available assessment as a basis), insurance premiums, interest and reserves on obligations assuned and utilities shall be prorated as of Closing. Any tenant deposits held by Seller shall be credited to Buyer at Closing. The parties agree that the pro-rations at Closing shall be based upon estimates and the parties agree to adjust the same post-Closing in the event they determine the salve are inaccurate. All standard closing costs, including,but not limited to escrow fees and recording fees, shall be split equally between Buyer and Seller. Brokerage commissions shall be paid as outlined in Section 23 below. 15. DEFAULT. If SellerexeCuteS this Agreement and title to the Property is marketable and insurable in the conditions approved under Section 6 hereof and all Buyer's contingencies have been removed or waived, and Buyer neglects or refuses to comply with the terms of or any condition of sale by the elate on which such term or condition is to be complied with,then the Earnest Money Deposit shall be forfeited to Seller and Buyer's interest in the Property shall be immediately terminated. Such (brleiture and acceptance by Seller of the Earnest Money Deposit sloes not constitute a waiver•ot•election of other remedics available to Seller and Seller shall have the right, at his option, to bring any action at law or equity to enforce the term of this contract or seek restitution for clatnages ttaCluding any unpaid brokerage fee. In the event of default by either of the parties in their•performance orthe terms or conditions of this Agreement,the dela€llting party agrees to pay all attorney fees and costs incurred by the non-defaulting party and in the event of suit the prevailing party shall be entitled to its reasonable attorney fees and costs. In the event of dispute between the parties as to the Earnest Money Deposit deposited hereunder by Buyer, the Escrow Agent holding the Earnest Money Deposit may bile an interpleader action in a court of competent jurisdiction to resolve any dispute between the parties. The Buyer and Seller authorize the Escrow Agent holding the Earnest Money Deposit to utilize as much of the Earnest Money Deposit as may be necessary to advance the costs and fees required for filing of any such action. The cost ol'such action shall be paid by the Party which is not the prevailing party. 16. TITLE CONVEYANCE. Title to the Property is to be conveyed by warranty deed and is to be marketable and insurable except for rights reserved in federal patents, building or use restriction, building and zoning regulations and ordinances of any governmental unit, rights of way and easements established or of record, and any other liens, encumbrances or defects approved by Buyer. In the event any personal property is included as part of the contemplated sale, it steal I be conveyed by bill of sale and shall be free and clear of all liens, claims and encumbrances. 17. RISK OF LOSS. Seller shall keep the Property insured against loss by fire and other casualty usually insured against in the market area of the Property until the Closing. Should the Property be materially damaged by fire or other cause prior to closing and such damage is ten percent (10%) of the Purchase Price or less, then Seller shall pay or assign the proceeds of the insurance to Buyer(and pay to Buyer the amount of any deductible in cash)at Closing and Seller and Buyer Page 4 of 13 Buyer Initials Seller Initials shall proceed.with Closing without adjustment to the Purchase Price. If such damage exceeds tell percent (10%) Of the Purchase Price, then this Agrcement shall be voidable at the option of the Buyer by written notice to Seller within ten (10) days of the date Buyer receives notice Of such damage, however, Buyer may elect to proceed with Closing without adjustment to the Purchase Price (either by written notice of such election or by failure to timely send .vritten notice of the voiding of this Agreement as provided above) and Seller shall pay or assign the proceeds of the insurance to Buyer(and pay to Buyer the amount of any deductible in cash) at Closing. 18. CONDEMNATION. Should any entity having the power of condemnation decide prior to Closing to acquire any portion of, or interest in, the Property with a value of ten percent(10%)ol- less Of the Purchase Price, Seller shall pay or assign the proceeds of the taking to Buyer at Closing and Seller and Buyer shall proceed with Closing without adjustment to the Purchase Price. Ifsuch takima exceeds ten percent (10%) of the Purchase Price, Buyer at Buyer's sole option may either (a)elect to terminate Buyer's Obligation to purchase the Property by giving written notice to Seller at any time prior to Closing and Seller shall promptly return the Earliest Money Deposit or (b) elect to complete the purchase Of Property and require Seller to immediately appoint Buyer as its attorney-in-fact to negotiate with said condemning entity, and, in such event, Buyer shall receive all sums awarded in such condemnation proceeding of the Property, excluding any amounts attributable to adverse impacts on other property owned by Seller. Seller hereby agrees to immediately give notice to Buyer of any condemnation or contemplated condemnation Of the Property and Buyer hereby agrees to. within ten (10) days of such notice, give written notice to Seller of Buyer's election with respect thereto. 19. CONDITION OF PROPERTY AT CLOSING. Buyer agrees to purchase the PI.Operty ill as is (existing) condition, where is, with all faults. Seller shall maintain the Property until the closing in its present condition, ordinary wear and tear excepted, subject to the provisions of Sections 17 and 18 on casualty and condemnation. 20. INSPECTION. The Buyer hereby acknowledges further that Buyer is not relying upon 111y statement or representations by the Broker or Broker's representatives or by the Seller which are not herein expressed. The Buyer has entered into this Agreement relying upon information and knowledge obtained or to be obtained from Buyer's own investigation or personal inspection of the Property. 21. REPRESENTATION CONFIRMATION AND ACKNOWI,I:;I)Gl-',M1�:N'1' OF DISCLOSURE". Buyer's Brokerage: Colliers International Buyer's Agent(s). John M Starr Seller's Brokerage: Epic Realty Seller's Agent(s): Daniel Johnson Check one (1) box in Section 1 below and one (1) box in Section 2 below to confirm that in this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER(S) and SELLER(S). Page 5 o1't3 �S� E3uyer initials Seller initials Section 1: A. X The brokerage working with the BUYER(S) is acting as an AGENT for the BUYER(S). B. ❑ The brokerage wworking with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S). C. ❑ The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), and has all ASSIGNED AGENT acting solely on behalf of the BUYER(S). D. ❑ The brokerage working with the BUYER(S) is acting as a NONAGENT for the BUYER(S). Section 2: A. a The brokerage working with the SELLER(S) is acting as an AGENT for the SELLER(S). B. ❑ The brokerage working with the SELLER(S) is acting as a LIMITED DUAL, AGENT for the SELLER(S). C. ❑ The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S), and has an ASSIGNED AGENT acting solely on behalf ofthe SELLER(S) D. ❑ The brokerage working, with the SELLER(S) is actin; as a NONAGENT for the SELLER(S). Each party signing this document confirms that he or she has received read and understood the Agency Disclosure Brochure.. attaclied as Exhibit C. and has elected the relationship confirmed above. In addition, each party confirms that the brokers agency office policy wwas made available for inspection and review. EACH PARTY UNDERSTANDS THAT HI_1'/SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN AGRI EMENT FOR AGENCY REPRESENTATION. 22. RESPONSIBLE BROKER. The Responsible L3roker in this transaction is Jim Shipman of Colliers Pargon LLC. 23, COMMISSION. The only brokerage companies involved in this transaction are Colliers International and Epic Realty. Seller shall pay 131.1yer and Seller commissions per separate agreement with Seller. Listing and Sel ling Commissions shall be paid out of the first monies received by Seller at the time of'Closing. 24. CONSENT TO LIMITED DUAL REPRESENTATION: The undersigned have received, read and understand the A-ency Disclosure Brochure. The undersigned understand that the brokerage involved in this transaction will be or may be providing agency representation to both Purchaser(s) and the Seller(s). The undersigned each.understand that as agents for both PurehaSel' and Seller, the brokerage(s) will be limited dual agents and negotiations. terms o►• factors motivating the Purchaser to buy or the Seller to sell without specific written permission of the disclosing party. The specific duties, obligations and limitations of a limited dual agent are contained in the Agency Disclosure Brochure as required by Section 54-2055, ldallo Code. Tile undersigned each understand that a limited dual agent sloes not have a duty of undivided loyalty Page Gofl3 /� ciytr Initials Srlkr l:irtials to either client. 25, ESCROW INSTRUCTIONS. Tile Escrow Agent is instructed to, in a manner consistent with the terms hereof: receive and hold deposits and other funds; disburse such funds in accordance with separate authorization signed by Buyer and Seller. prepare closing; statements for execution by Buyer and Seller_, receive documents, secure their execution and acknowledgement, record them in the proper sequence, deliver- originals to the appropriate parties. and deliver copies of all documents signed by either party to that party. I f a dispute arises regarding any funds held by the closing agent, such agent shall have no obligation to resolve such dispute but shall hold the same pending resolution of Such dispute, and may at its option bring an action in interpleader. 26, GOVERNING LAW, This Agreement shall be governed by the laws of the State of Idaho. 27. TAX-DEFERRED EXCHANGE. Notwithstanding any other provisions contained herein, either party may use the transaction contemplated herein to flacilitate a tax-deferred exchange of real property under such terms and conditions that qualify as a tax-deferred exchange under Section 1031 of the Internal Revenue Code of 1986, as amended. The parties hereby agree to cooperate with each other fully in completing such tax-deferred exchange(s); provided however that: (i) such tax-deferred exchange(s) creates no additional liability to the party not effecting such exchange; (ii) all costs of facilitating such tax-deferred exchange are paid by the party effecting the 1031 Exchange; and (iii) Closing of the transaction contemplated by this Agreement is not delayed due to such tax-deferred exchange. 28. TIME. SEVERABILITY. Time is of the essence of this Agreement, and each party hereto a�orees to promptly perform such acts as are reasonably required ill connection herewith. If any provision of this Agreement is found by a court of competent,jurisdietion to be invalid Or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby. 29. NOTICES. All notices required hereunder shall be given In wr€tln() and shall be deemed effective (a) upon delivery, if delivered in person, or by electronic transmission with receipt acknowledged by the recipient thereof, (b) one bLISIIIess day after deposited for overnight delivery with any reputable overnight courier service: or (c) two business days after deposited with the US Postal Set-vice registered or certified mail and addressed to the parties at the addresses set forth below. 30. ENTIRE AGREEMENT - CONSTRUCTION. This Agreement constitutes the entire awreement between the parties,. has been entered into in reliance solely on the contents hereof. and supersedes any previous agreements, written or oral, between the parties hereto. This Agreement shall not be modified except in writing signed by both parties. This Agreement shall be construed neutrally rather than strictly for or against either party. 3I. BUSINESS DAY. A business day is herein defined as Monday thror.lgh Friday, 8:00 am to 5:00 pill in the local time zone where the Property is physically located. A business day shall not include any Saturday or Sunday, or local holiday recognized by the State ofldaho as found in Idaho Code 573-108. The first day shall be the date of execution. Ifthe last day is a legal holiday, the time for performance shall be the nett subsequent business day. Page 7 of I3 € kIyer I111tials Seller Iniiiars 32. CALENDAR DAY. A calendar day is herein defined as Monday through Sunday, midnight to midnight, in the local time zone where the subject Property is physically located. A calendar day shall include any legal holiday. The first day shall be the date of execution. Any reference to"day' or"days" in this Agreement means the same as a calendar day, unless speciiicatly enumerated as a "business day". if a calendar clay in this Agreement falls on a Saturday or a Sunday. the time for performance shall be the next subsequent business day, 33. BINDING EFFECT — SURVIVAL. This Agreement shall be binding upon the heirs, administrators, executors, successors and assigns of the parties hereto and shall survive the closing of this transaction. 34. LEGAL REPRESENTATION. The parties expressly acknowledge they have been represented by counsel of their own choice in connection with this Agreement and have discussed the terms of this Agreement with such counsel to the extent each party believes it to have been necessary to fully understand the terms hereof. In entering into this Agreement, the parties represent and declare that each of them fully understands the terms and effect of this Agreement. 35. ACCEPTANCE. Buyer's offer is made subject to the acceptance of Seller on or before 12:00 Noon MDT on Monday, March 23', 2020. 36. TIME IS OF THE ESSENCE IN THIS AGREEMENT. THIS IS A LEGALLY BINDING AGREEMENT. PRIOR TO SIGNING THIS AGREEMENT, BUYER AND SELLER ARE ADVISED TO SEEK THE ADVICE OF COMPETENT LEGAL COUNSEL. WRITTEN INFORMATION PROVIDED BY BROKER IS BELIEVED TO BE RELIABLE BUT INDEPENDENT VERIFICATION BY BUYER SHOULD BE UNDERTAKEN, IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as of the last signature date below. BUYER: CITY OF MERIDIAN SELLER: NAOMI INVESTMENTS, L.P. Print Name: R bert . Simi on Print a e: TGary S. Johnson Its: Mayor Its: General Partner Date: z�Zd Date: Address: 33 E Broadway Ave Address: 4018 W Ustick Rd Meridian, Idaho 83642 Meridian, Idaho 83646 Telephone: Page S of 13 f111yer 3uyer Initials Seller Initials EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Southwest Quarter(SW %a) of the Northeast Quarter(NE V.) of Section 34, Township 4North, Range 1 West,Boise, Meridian, together with an easement for a road-way off the South 25 feet of the Southeast Quarter(SE %) of the Northeast Quarter(NE t/4) of Section 34,ToNvnship 4 North, Range 1 West, Boise,Meridian,records of Ada County. Pa-e 9 of 13 13ttver Initials, Seller Initials EXHIBIT B DUE DILIGENCE MATERIALS SELL ER TO PROVIDE ONLY THOSE 1"1 ENIS IN SELLER'S POSSESSIO:\. l. Copies of all environmental.wetlands, endangered species, geotechnical, asbestos, hazardous waste,soils and similar records,reports or test results derived from the Property or in or around the Property, including without limitation Phase 1 and Phase 11 Environmental reports, ALTA surveys, soil reports, asbestos reports, Civil Drainage plans and overall drainage plans. 2, Copies of all surveys,grading plans,site plans, drawings, topographical maps,architectural and structural drawings,preliminary, final and proposed building plans and specifications(including"as-built'plans and drawings and floor plans).surveys and mechanical,electrical,engineering, soils. seismic, environmental. geologic and architectural reports, SIr ICRII•al reports. studies and tests relating to the Real Property including original plans and specifications for building shell, building core, tenant improvements and as- builts. I Capital improvements and expenditures far the last two years and any such pending or projected improvements and expenditures. 4. Copies of all leases, rental agreements, contracts, warranties and any other agreenients including without limitation all i}easements, ii} parking agree€vents a€icl iii) managenient, service or maintenance contracts; any amendments, modifications or- extensions thereto, and bills therefor for the prior calendar year and year-to-date, presently ill effect, or which may collie into effect, of whatsoever nature affecting the Property. 5. A complete inventory of all furniture, fixtures,equipment, tools, linens, supplies and other property used or usable in connection with the Property. f. n rkie., , .,t.. Fh,l „der 7. Copies of all a,reements related to the use of or in any way related to any intangible property. 8. Written description(s) including party nanies, term, rental amount, and any other agreements of any oral lease or rental agreement affecting the Property. leasingpaEkages, and any efliet-tenant incentives EW COMMiSsioRs paid by gal let-1-alating.to flie leases the rD.•.,n• f .7 t Il.,- € r it Ling Ie the le the lli-ep.Fty l,.� ii) id ablig tien to cv5x�-c'ri=rnrcri-s��3�Ii�Z�E3�}3ni�r5r$r�5-FE�rrn= m�-rc-rccrres-vi=nz`'-r-rvP`' � ' E d 1$€Ei��'li �. tie,efliemvise slia'O"tip in the l7+,,,t PaY-e 10 of 13 w- Buyer[nluals Seller Initials P. Annual oeeupaae�- jIlFee years (yeal- eild Only), aged l-eceivable selledule and Tenant 15, Copy of existing loan documents including notes, loan agreements, assignments,and deeds of trust. 16. Copies of(a) the real estate and personal property tax statements, bills and assessments, and (b) utility bills, covering the Property or any part thereof,for 2017 and 2018. 17. A schedule of all current and/or pending litigation with respect to the Property or any part,thereo{.. if ally. together with a brief description of each such proceedinIg. 18. The most recent ALTA survey of the Property. if ally. 19. Sellers most recent policy of title insurance. 20. Current commitment for title insurance from the Title Company.together with tilt copies of all documents referred to therein and all documents giving rise to exceptions to title, 21. Copies of any correspondence from city, county, state or other applicable jurisdiction received by Seller that could have a material effect on Buyer's ownership, development or use of the Property. b zemn-letter.- : ..ludin get-t:F;...,f.. e -Kefii.,ggeizt:geatien .,.,C-1-Cry.•t:r,.-.+., 'q I,Z. gamplimieem. 23. 24. A 11 finanFcial-af pel=a4wg--sfaiemen;s relating, to +1,., Pf-el -'� e tc hi-ee (3) in mediattel}' pfe.e£'El-F1t- - ' F ewense -ialiels. 'Pie F::.,. ,ei l Stateni +rshall � i •aE� ,.. sneeit _gerall,- n�2dSE�i'E a a 7 b applied"fir-a, gh eClTf err€ dJ-L9 Gi4i�4C�G i- F r:TGTR1 S�f'RfG3 G + I . [ T T/ii\fT'-.•ly f the assets, .,d FF.,aRejal eeiiditien of tie Sellet, Will! .eet to the Pro eyly_o of-' (iii) F.,id y i-efl„et. the 1+� { at:n f'+1,a I3.• t,. fe,th c`."vuiit P" ds d (iv) 1, c all .,t, al peeti_ -� 25, Copy of all recent appraisals 26 h eepy of a lieel 27. A eepy efal lri-ir`.iu ranee-peiii ol'mnsui-amee east., eravei-ate_ 1_ R)u -lass_i-un requestvl 28. A list and sub eejitraetai-s used in the eansti'kiedan of the hnpiavemeiits. b b faeiliiating El- Page 11 of 13 Buyer I nit rth Seller Initials EXHIBIT C AGENCY DISCLOSURE A Consumer Guide to Understanding Agency Relationships in Real Estate Transactions OutleS owed to Idaho consumers by a real oRtate brokerage and its I€censaes are defined in the"Idaho Real Estate Brokerage Representation Act."Idaho Code 54.20B2 through 54-2097. Tws infornta Hone€wuchure i s publisuvti by thti Idaho Real Estate CVn1nih tAun. Effective July 1, 2019 "Agency"is a term used in Idaho law that describes the relationships between a licensee and some parties to a real estate transaction. Idaho later says a real estate brokerage and Its licensees owe the Right Now You.Are a Cu `ollov"rrria'Cus iorner ou ttes to consurre re ill reoa ectat«:tu3n;,ctlons' • Pelfo'nl necessary a+xJ custornl!ly acts to assist you in tile.putchase or ale of real catalz • Pefform these acts vita honesty,good faith,reasonable skid and cafe. • Properly accountt for money or property you place in the care and resp�onstb€llly of tie Brokerage:arui • t}Inclose._a0verse material faete vthkch the t€cen5ee knpw5 or reabonau+v should have known These are facts that vrould s€gnl`>Icantly affect the e-slrablllty orvaita^c of the property to a wasonable person,or farts estabtish na a reasor lab!e boltef that one of the parties cannot.or hoes not o le;d to,coniplete obligat€orts hinder the contract If you are a Customer,a real estate licensee is not rewired to promote your best interests or keep your bargaining information confidential. If you use the services of a licensee and brokerage without a written Representation (Agency)Agreement,you will remain a Customer throughout the transaction. A Compensatran Agreement Is a written contract that requirFs ynu to ray a fee fur a specific servrce provided by a I:iokeragre and it is not the saute as a Representation Agreement If you siren a Agreement.you are OR a Customer, buttl"e Brokerage and Its licensees owe one additional duty • Era available to receive and presort wri ten offers anr,counter-offeti to you or from you If you want a 11censen and bsokelage to ptolllott: cy L11f bep,t Inlere3ls In You May Became a Client a transaction.you sate'3rorne Clierrl by cignimg a Buyer or Seller Re,,resent;Minn (Agency) Agrenrlen`. A ;,-oker2gP. and Its hcPnseeS will owe you the frllov/ir a Cilent dunes, vrh':h are greater than the dunes owed to a Customer • Perform the terms of the wntten anreemenl Exercise reasonab!r-skill and care. s Promotc your best interests to good fallh,honesty,and fair dealintl. • Maintain th.Q of soul inforntalinn. rncli�(jo,f hwa zienrtg Intnrmatkm, even atter the repre'sen!ation has ere;ed ® Properly aGBCSunt='ar rnortzf or rorcparty y'otr 1311ace in the case and respons;hilrly of the hrokerag-,, • Prod a property for you or a b-,Iyer for your l mperty,and assist,car)in neg atiaiing an acceptable price and other terms and conditions for the,trarrsa,tlon e pisclose all 'aduerse material taots vrhich the licensee knovrs or reasonably shoule have known, as defined above°and a Be available to receive and present wrdtert[)rfeis aria to you or flor-n you The above Customer or Client duties are required by law,and a licensee cannot agree with you to modify or eliminate any of them. tic 'nDvc any rucsuan,ubw:the Yiilwmaticn in ini:brcmuro.cCntpci- faho Rent Estale C�rlrn_ssim (2031334-32a5 Page 12 of 13 S fsuvcr lnitlals S411er Initials (Single Agency}Agency �ep rese n ti©ri'i Under'Agency Representation'(sometimes referred to as 'Srigle Agency').yoiu are a Chem and the licensee is your Anent who represents you,and only you,in yot;r rea?testate trans?:tfron_The entire brokerage is Obligated try prorrroft<your best interests No licensee in the brokerage is allowed to represent the other party to the transaction. If you are a seller,your Agent will seek a b-iyer to purchase your prop=rty at a prise and under terms and conditions acceptable to you,and assist with your rtegoiiations If you regoe&t It ir€wr#iirtg_your Agent witl seek reasonable proof of a prospactive purchaser's finaneia€ability to complete your trar-isaetion If you are a buyer,your Agent w0l seek a property for you to purchase at an acceptat�lu pace and terms and assist with your negotiations Your Agent wilf also advise you to consult vrith of?propriate professroriais,such as inspertors, attorneys; and tax advisors. If disclosed to all parties in writing,a brokerage may also ri present other Lxiyem who wr sh to make offers on the same property you are interested in purchasing LIICiltC� Dual Agency Dual Age€,ey Mears thv Brokerage and its licensees tepresent both the Uuyef T J and ti-,ti seller as Clients in the same transaction i ne brokerage must have both tie Buyer s and seller's consent to represent tooth parties under Limited Dual Agency You alight choose Limited Dual Acgertcy because you want to purchase a property listed by the same brokerage,or ;he Name brokerage knows of a btryer for your property. There are two kinds of Limited Dual Agency: Without Assigned Agents The brokerage and its licensees are Agents for both Clients equally ants cannot advocate on behalf of one client over the other stone of lute licensees at the brokerage can disclose confidential client information about either Client 'the brokerage must otherwise promote the non�conliictincg interests of both C ients, f;�erforirl the terms of the Buy�es and Seller R[�pre�er{ation Agreements vriih skill and care:air: other riuties required by law With Assignee! Agents The Designated Broker may assign € icividual licensees within the brokerage ('Assigned Agents')to art solely on behalf of each Client An assigned Agent has a ditty to promote the.,i€ent's best interests,even if your interests conflict with the interests of the other Client,including negotiating a Brice An Assigned Agent must maintain the Client's confidential inforrnawn T tie Designated Broker is always a Linriled Laval Arent for tya:h Clienia and ensures the Assigned Agents fulfill their duties to their respective clients What'to Look For in Any Written Agreement with a Brokerage A Buyer or Seller Representation Agroement or Cornpensation Anicernent Should arswer these questions a Vlhert will this agreement expire? e Can I cancel thEs agreement.and if c glider an Agency Representation m What hapfvns to[his agreement so,how, A.9reement am I vrilfing to allow the when a transaction is rompietncP a How%mil the hrokerage get paid 7 brokerage to reptesenl truth the ntiier party aid ne ma real ostate • Can I work w th other brokerages + What happens if I l;uy ar Selt on my transttcticn? dwiing the time of my agreement? owl? Real Estate Licensees Are Not Inspectors Unless you and a ficensee agree in writing a broxi:rage and its Lcensees are not required to conduct an independent inspection of a property or verify the accuracy or rompleter*ss of any stalements or represeritations made regarding a property, To learn about the condition of a property,you should obtain the advice of an appropriate professional, such as a home iF ispector,engineer or surveyor AudioNideo Surveillance Use caution when discussing anything while viewing a property,audio,or video surveillance equipment cszuid Ex:n lose on listed properties. if you sign n Representatlort Agreement or Compensation Af�reornerit with a licensee,the contract is actually between you andf the licensee`s brokera.q The D.estrgnated Broiler Is the only person authorized to modify or cancel a brokerap contract_. The Ifcertseewho gaycyou this I>rochum is licensed with, N m�of;arokerag?: Phone, - ------------- ---------------------------------------------------------------------------------------------------------------------------------- RECEIPT ACKNOWLEDGED d.rc;r„is By signr;ig helw".yc�r aGknor;icdce only that a licensee gave you a cosy of rhi-:A;rtncy Dkdowie Lf"hure54 . Tti€s document Is riot a contract,and S141:ting It dons riot obligate you to anyfhing, &gnstura 64ref Pi!'r+trtar�1�,�,` �r s �t�+ tom!" Date &'Z e.Z19 6igidalure r3ale Page 13 of 13 B yer Init als Seller Initials CAE ��AN ITEM SHEET IDAHO Council Agenda Item - 5.M. Presenter: Estimated Time for Presentation: 0 Title of Item -AP Invoices for Payment -03/18/20 -$64,404.84 Council Notes: ATTACHMENTS: Description Type Upload Date AP Invoices for Payment Cover Memo 3/1� 8/2020 REVIEWERS: Clerk. Johnson, Chris Approved 3/20/2020 - 1:04 PM Meridian City Council Meeting Agenda March 24,2020— Page 190 of 323 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount O1 General Fund BISON NW LLC Refund 1 in. Irrigation Meter- 1/5 in. Meter was 350.22 Supposed O1 General Fund BOE-Boise Office Equipment CN29065-01 220/Mantnce fee charged per 355.93 copy 12/25/19-1/24/20 O1 General Fund BRYCYN B CAMPBELL EducReimb:B.Campbell, Paramedic Science Cert 1,300.00 Program O1 General Fund CITY OF BOISE ATTORNEYS OFFICE 20-0032 FY20 Prosecutor&Criminal Legal Services 41,844.02 March 2020 O1 General Fund GERALD HENDRICK ExpRpt:G.Hendrick,ESO Wave Conf,Austin,TX 101.30 02/25/20-03/01/20 O1 General Fund HERB GRIFFIN ExpRpt:H.Griffin Vision 2020 Murfreesboro,TN 55.00 O1 General Fund JOE BONGIORNO ExpRpt:J.Bongiorno,Vision20/20,Murfreesboro,TN 71.21 O1 General Fund MICHAEL BARTLETT Refund Public Rec Req Paid; Subpoena was used 167.63 instead O1 General Fund PROFORCE LAW ENFORCEMENT 20-0196;Tasers for FY20 New Hires Qty. 78 16,677.05 O1 General Fund SILYNX COMMUNICATIONS INC Radio Comm Equip. Motorola Qty. 10 1,733.00 O1 General Fund TINA QUIROZ Refund: Whittenberger Planetarium Trip Cancellation 28.62 Total 01 General Fund 62,683.98 60 Enterprise CAMERON AMBROZ Reimb: C.Ambroz,IBOL Lic Fee for Txl,Wtr Tx Classl 93.00 Fund ExamFee 60 Enterprise HACH COMPANY Dust filters for DR5000 Q qty) 26.66 Fund 60 Enterprise RICK MURRAY ExpRpt:R.Murray,Utility Mgmt Conf,Anaheim,CA 91.14 Fund 02/24/20-02/28 60 Enterprise ROBERT&SANDRA GREGORY REFUND WT/S/T: 1352 W WHITEHALL DR CUSTOMER 1,510.06 Fund OVERPAID Total 60 Enterprise 1,720.86 Fund Report Total 64,404.84 Date:3/18/20 01:21:31 PM Meridian City Council Meeting Agenda March 24,2020— Page 191 of 323 Page:1 CAE ��AN ITEM SHEET IDAHO Council Agenda Item - 5.N. Presenter: Estimated Time for Presentation: 0 Title of Item -AP Invoices for Payment -03/25/20 -$1,152,341.45 Council Notes: Md A6EL ATTACHMENTS: Description Type Upload Date AP Invoices for Payment Cover Memo 3/1� 9/2020 REVIEWERS: Clerk. Johnson, Chris Approved 3/20/2020 - 1:04 PM Meridian City Council Meeting Agenda March 24,2020— Page 192 of 323 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A-1 STAMP&MABEL'S LABELS Office Expense 10.00 01 General Fund ADA COUNTY SHERIFF'S OFFICE Inmate Housing for MPD, Feb 2020 3.33 01 General Fund ADVANCE AUTO PARTS license plate light for fleet truck 20-qty 1 3.30 01 General Fund ADVANCE AUTO PARTS polish for downtown artwork restoration-qty 2 20.95 01 General Fund ADVANCED LOCK&KEY, LLC Unit#108 Duplicate Keys for New Fleet Vehicle 395.00 01 General Fund AIR FILTER SUPERSTORE WHOLESALE air filters for Storey Bark Park furnace-qty 4 19.64 LLC 01 General Fund ANIXIS Anixis Password Reset v3.x 600 User Perpetual License 1,640.00 01 General Fund AVOLVE SOFTWARE CORPORATION 18-0386 ProjectDox Tier 4 Annual Maintenance: Phase 25,500.00 2 Go Liv 01 General Fund BASELINE INC Database&Cell Subscription 1 year 597.00 03/01/2020-03/01/2021 01 General Fund BATTERIES PLUS BULBS AAA batteries for CID 57.60 01 General Fund BATTERIES PLUS BULBS Batteries for Paper towel&Soap Dispensers 35.64 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Installing sample photo cells 130.00 01 General Fund BOE-Boise Office Equipment 220/XER/XALC8035 220/Maint Fee charged per copy 23.75 3/4-4/3/20 01 General Fund BOE-Boise Office Equipment XPN547404; Copier Usage 01/22/2020-02/21/2020 173.87 01 General Fund BOISE REFRIGERATION SVC CO 220/repair ice machine,St. 3, new pump 678.76 01 General Fund BRADY INDUSTRIES, LLC. 220/broom&brush holder,St. 6 34.52 01 General Fund BRADY INDUSTRIES, LLC. 220/cleaner,disinfectant 62.67 01 General Fund BRADY INDUSTRIES, LLC. 220/cleaner, hose hookup,St. 6 230.84 01 General Fund BRADY INDUSTRIES, LLC. 220/3anitorial&shop,St. 6,tissue,towels,truck wash 721.44 01 General Fund BRADY INDUSTRIES, LLC. 220/3anitorial St. 5,towels,tissue 336.67 01 General Fund BRADY INDUSTRIES, LLC. 220/Janitorial St. 6, mop, bucket,handle 562.66 01 General Fund BRADY INDUSTRIES, LLC. 220/janitorial supplies,St6,towels,soap 87.74 01 General Fund BRADY INDUSTRIES, LLC. 220/janitorial,st 3,cleaner,liners,disinfectant 212.29 01 General Fund BRADY INDUSTRIES, LLC. 220/Janitorial,St. 2, liners,towels,disinfectant 123.05 01 General Fund BRADY INDUSTRIES, LLC. 220/towels,St. 3 39.25 01 General Fund BRODY CHEMICAL INC. water feature chlorine chemicals-qty 6 1,365.26 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/oil change,tire rotation, bulbs,oil, MF024 541.69 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Billing Error,Credit coming on Inv#216 791.46 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Inv# 13138 missing Parts Price (791.46) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Inv# MER 0013034 Unit#155 (201.27) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Oil Change, Blower Motor&Register(Inv (578.76) #13095) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck#2 snow tire stud removal- license 53.90 C17280ID 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF,Cabin Filter, Front Brakes&Rear Brakes for#101 909.92 Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 193 of 323 Page:1 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change and vehicle inspection on Facilities Van 75.00 C15921 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Wipers for Unit#20 80.86 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit# 164 55.00 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change on fleet vehicle#21 -license C20505 57.20 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Blower Motor&Register for Unit# 141 522.76 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Radiator, Front Brakes and Calipers for 1,759.46 Unit#131 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Test Charge System for Unit# 154 42.50 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit# 141;Oil Change, Blower Motor&Resistor 578.76 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit# 18 Oil Change,Air Filter, Light Bulbs,Wipers, 724.69 Tires O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#130 Accessory Battery 171.00 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#133 Battery 162.00 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC UNIT#141 Front Brake,Align,Steering Gear 1,229.27 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#143 Oil Cooler Lines&Recharge/Test AC; Oil 270.81 Change O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#155 Battery,Air Filter, Ignition Coil Boot 201.27 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#155 Battery,Air Filter,Ignition Coil Boot Qty.1 201.27 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#155 Battery,Air Filter, Ignition Coil Boots 333.11 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#155 Credit for Inv MER 0013042 (333.11) O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#159 Oil Change,Tires Front Brakes,Alignment 1,679.37 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#161 Oil Change,Tires, Drive Belt 769.03 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#21 Oil Change,Wipers,Air Filer 89.00 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#48 Oil Change 55.00 O1 General Fund BRUNEEL TIRE OF MERIDIAN LLC Vehicle 2 tire repair and oil change C20823 201.62 O1 General Fund BSN SPORTS,INC. pickelballs-qty 10 sets 144.22 O1 General Fund BUCKS BAGS INC 220/48 hose bundle straps,all engines 720.00 O1 General Fund CAMPBELL TRACTOR INC. mower maintenance parts-qty 10 108.74 O1 General Fund CAMPBELL TRACTOR INC. mower maintenance parts-qty 11 200.28 O1 General Fund CAMPBELL TRACTOR INC. oil&fuel filters for equipment-qty 30 416.08 O1 General Fund CAREER UNIFORMS Three shirts for S.Smith 152.85 O1 General Fund CHRIS CASTEEL Compliance Review Services 02/01/20-02/29/20 975.00 O1 General Fund CHRIS JOHNSON Reimb:C.Johnson Albertsons Council Meal 03/17/20 26.98 O1 General Fund CITY OF BOISE, HOUSING& Allumbaugh House Jan-March 2020 16,763.34 COMMUNITY DEVELOPMENT O1 General Fund CIVIL SURVEY CONSULTANTS 20-0067 TO 11111 MPD S. Parking Lot Exp. -Design 508.00 Feb 2020 O1 General Fund CLOVERDALE NURSERY sod for Champion Park artwork restoration-qty 300 SF 90.00 O1 General Fund CREWSENSE LLC Support Plan, Less than 100 users(Monthly) 39.99 Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 194 of 323 Page:2 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund D&B SUPPLY battery powered cordless blower for Storey Park-qty 1 239.98 set 01 General Fund D&B SUPPLY Dog Food Container for K-9 KB Exchanged 18.00 01 General Fund D&B SUPPLY Dog Food for K9 Arco 89.98 01 General Fund D&B SUPPLY Dog Toys 43.79 01 General Fund D&B SUPPLY K-9 Dog Food&Container for KB 55.18 01 General Fund D&B SUPPLY K-9 Dog Food for Randy 32.99 01 General Fund D&B SUPPLY Microfiber towels Electrical Inspectors Qty. 5-3Pks 19.95 01 General Fund D&B SUPPLY mouse traps for Heroes Park Shop-qty 3 pkgs 12.87 01 General Fund D&B SUPPLY mower repair parts-qty 0.60 1.73 01 General Fund D&B SUPPLY mower repair parts-qty 0.77 2.15 01 General Fund D&B SUPPLY uniform coat&raincoat for M Perkins-qty 2 284.98 01 General Fund DARRYN COBURN POWERHOUSE Refund Permit Not Needed 80.00 ELECTRIC 01 General Fund DATATEL Work Requested:Also to Add,we found an error in the 890.63 Mitel 01 General Fund DAVID WUERTH instructor fee- Photographer's Eye 2/4-2/25/20-qty 3 144.00 01 General Fund DELL MARKETING L.P. VLA Acrobat Pro 2017 License Universal English 336.57 01 General Fund DIGLINE,INC. 20-0010 Digline notification sub streetlights thru 2/29 1,434.16 01 General Fund DISCOVERY BENEFITS FEBRUARY 2020-COBRA/FSA 1,432.80 01 General Fund DMH ENTERPRISES 20-0035 FY20 Plumbing Plan Review&Inspection Svcs 36,388.11 Feb 2020 01 General Fund ERS, EMERGENCY RESPONDER Unit#44 Dispatch Radio Ant. Cable Repair 44.25 SERVICES, INC. 01 General Fund FAMILY TANG SOO DO instructor fee-Martial Arts 2/4-2/28/20-qty 15 440.00 01 General Fund FASTENAL COMPANY bolts for Storey Park playground swing-qty 3 3.51 01 General Fund FASTENAL COMPANY concrete anchors&bolts for Story Trail at Kleiner x 102 89.35 01 General Fund FERGUSON ENTERPRISES INC. 220/Water line for fridge, repair,Sta. 3 18.04 01 General Fund FERGUSON ENTERPRISES INC. toilet plumbing hardware for Kleiner Park-qty 4 254.08 01 General Fund GEM STATE PAPER&SUPPLY CO 20-0018 1 case of Purrell Instant Hand Sanitizer 12 oz 48.10 01 General Fund GIESLER AUTO REPAIR fleet truck 4 repairs-license C9767 415.52 01 General Fund GIVENS PURSLEY Development Fee issue 9,945.00 01 General Fund GOSNEY MANAGEMENT, LLC. instructor fee-Animal Sculpture, Painting Landscapes 608.00 x13 01 General Fund GRAINGER 220/batteries,St. 1,qty 6.for equipment 75.96 01 General Fund GRAINGER 220/batteries,tarps,tape, barricade tape, lubricant 291.10 01 General Fund GRAINGER 220/DEF&metal cleaner&polish,St. 2 465.56 01 General Fund HANSON JANITORIAL 20-0221 nitrile gloves-qty 38 1,697.46 01 General Fund HOME DEPOT CREDIT SERVICES 2 Pack 6-Outlet Surge Protector 3ft 14.98 01 General Fund HOME DEPOT CREDIT SERVICES 220/credit invoice#3233106 (47.58) Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020- Page 195 of 323 Page:3 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund HOME DEPOT CREDIT SERVICES 220/dewalt organizer,drill driver, nuts, bolts, 190.89 washers,st6 01 General Fund HOME DEPOT CREDIT SERVICES 220/felt pads,thumbtacks for furniture, holesaw 35.06 01 General Fund HOME DEPOT CREDIT SERVICES 220/picture hanging hardware,st. 6 47.58 01 General Fund HOME DEPOT CREDIT SERVICES 220/picture hardware,charged to wrong emp.,credit 47.58 follow 01 General Fund HOME DEPOT CREDIT SERVICES 220/shop supply St. 6,4.5 mil cut wood pieces 1.97 01 General Fund HOME DEPOT CREDIT SERVICES 220/shop,tape, plugs,fittings,gauge,airhose, bolts 133.67 01 General Fund HOME DEPOT CREDIT SERVICES 220/Tools for BR34&35,toolbag,mallets,pliers,sockets 180.73 01 General Fund HOME DEPOT CREDIT SERVICES cleaners&towels for Split Corridor artwork-qty 5 32.75 01 General Fund HOME DEPOT CREDIT SERVICES liquid plumber&bucket-qty 3 30.44 01 General Fund HOME DEPOT CREDIT SERVICES paper towels&lysol spray-qty 3 14.77 01 General Fund HOME DEPOT CREDIT SERVICES PSTC Faucet Aerator-Women's Restroom North Sink 4.95 01 General Fund HOME DEPOT CREDIT SERVICES Replacement Boxes for Ball Popper 31.92 01 General Fund HOME DEPOT CREDIT SERVICES sales tax reversal reference invoice 0063601 (1.86) 01 General Fund HOME DEPOT CREDIT SERVICES sales tax reversal reference invoice 6051491 (0.84) 01 General Fund HOME DEPOT CREDIT SERVICES supplies&cleaner for painting project-qty 16 152.04 01 General Fund HOME DEPOT CREDIT SERVICES Tax credit from purchase on 2/25/20 180400644443 (0.99) 01 General Fund HOME DEPOT CREDIT SERVICES towels-qty 2 41.94 01 General Fund I.C.R.M.P. Payment for 2nd Half of Insurance Premiuml0/01/19- 125,593.87 09/30/20 01 General Fund IDAHO CORRECTIONAL INDUSTRIES business cards for M Perkins&A Belnap-qty 2 boxes 92.50 01 General Fund IDAHO KENDO KAI INC instructor fee-Kendo 1/9-2/27/20-qty 15 840.00 01 General Fund IDAHO PRESS-TRIBUNE AZ Percy Subdivision Council Rezone 118.92 01 General Fund IDAHO PRESS-TRIBUNE Delano Subdivsion,Victory Commons,Ten mile 115.46 Crossing Annex& 01 General Fund IDAHO PRESS-TRIBUNE Everest Surgical Institute Req to Vacate 51.06 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice 56.98 01 General Fund IDAHO STATESMAN Job Postings:Electrical Inspector I, Records Ret.Analyst 695.25 01 General Fund IDAHO TRANSPORTATION Exempt Plate,2020 FordF350#D09468 23.00 DEPARTMENT 01 General Fund IIS LLC 20-0141 FY20 Monthly Membership to Shooting Range 4,837.50 Feb 2020 01 General Fund INNOVATIVE AIR,INC replacement heater for Storey Park-qty 1 450.00 01 General Fund INTERNATIONAL CODE COUNCIL 2012 Mechanical Code and Commentary PDF 89.50 01 General Fund INTL ASSOC ARSON INVESTIGATORS 220/IAAI dues, KW,JO,JB,CB,4-2-20 to 4-1-21 400.00 01 General Fund JACKSON CODE CONSULTANTS, INC 20-0064 Fire Plan Review and Inspection Services FY20 33,334.86 Feb 20 01 General Fund JACKSON CODE CONSULTANTS, INC 20-0064 Fire Plan Review and Inspection Services FY20 24,082.54 Mar 20 Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 196 of 323 Page:4 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount O1 General Fund JANE ROHLING COMMUNICATION ARTS Kleiner Park pollinator signs 1,554.50 O1 General Fund JULIANA M. DAVIDSMEIER instructor fee- Fashion Sketching 2/4-2/25/20-qty 6 384.00 O1 General Fund K9TACTICALGEAR.COM Muzzels for New K9's 255.00 O1 General Fund KENDALL SUPERSTORE Oil Change,Warranty AC Repair for Unit# 103 81.17 O1 General Fund KIRBY GRAPHIX 220/Pub Ed Banners for St. 6,qty 2 178.92 O1 General Fund L.N. CURTIS AND SONS 220/Blauer Shirts,Admin(6) 402.00 O1 General Fund L.N. CURTIS AND SONS 220/Class A alterations, Bayless 32.50 O1 General Fund L.N. CURTIS AND SONS 220/Class A alterations,Cole 52.50 O1 General Fund L.N. CURTIS AND SONS 220/Class A alterations, Hayes 34.50 O1 General Fund L.N. CURTIS AND SONS 220/Class A alterations,Smith, L. 10.00 O1 General Fund L.N. CURTIS AND SONS 220/Credit for Blauer Shirts(4),Orig. Inv. INV359422 (268.00) O1 General Fund L.N. CURTIS AND SONS 220/Hem on pants(2), Mason 11.00 O1 General Fund L.N. CURTIS AND SONS 220/Workrite pants(18 pair) 2,232.00 O1 General Fund LAURIE MCELROY instructor fee-Yin,Yoga&Painting,Yoga All Levels x 488.00 18 O1 General Fund LAURIE MCELROY instructor fee-Yoga 1/4-3/5/20-qty 69 3,374.40 O1 General Fund LAWN CO MAINTENANCE 20-0222 price code#1/landscape maint contract- 19,660.00 March 2020 O1 General Fund LAWN CO MAINTENANCE 20-0222 price code 3/landscape maint contract- March 6,240.00 2020 O1 General Fund LELAND CONSULTING GROUP INC Consultation for industry analysis Feb 2020 1,247.50 O1 General Fund LES SCHWAB TIRE CENTER tires for Park Ambassador gem car/egg in Kleiner-qty 378.36 4 O1 General Fund LEXIS NEXIS On-line legal research 130.00 O1 General Fund LOWE'S 220/felt feet,mop heads, plastic anchors 84.61 O1 General Fund LUCKYDOG RECREATION fire hydrants for Discovery Dog Park-qty 2 6,713.14 O1 General Fund MCDOWELLS SPECIALTY REPAIRS Window Tint for Unit# 10#286471 88.00 O1 General Fund MERIDIAN AUTOMOTIVE&MACHINE 220/Vehcile Inspection, MF027 990.59 O1 General Fund MERIDIAN AUTOMOTIVE&MACHINE Oil change&Vehicle Inspection for Unit# 121 141.44 O1 General Fund MERIDIAN CHAMBER of COMMERCE Chamber Economic Exellence Lunch-Robert Simison 25.00 O1 General Fund MERIDIAN VETERINARY CLINIC K9 Griz Vet Care 02/24/20 105.50 O1 General Fund MERIDIAN VETERINARY CLINIC K9 KB Vet Care 03/03/20 453.22 O1 General Fund MERIDIAN VETERINARY CLINIC Medical Care for K9-Tuso 105.50 O1 General Fund MERIDIAN VETERINARY CLINIC Vet Care for K9-KB 63.50 O1 General Fund MODERN PRINTERS Forms, Letterhead&Business cards for PD 396.00 O1 General Fund MODERN PRINTERS MADC-3C Bookmarks, Posters&Brochures 344.00 O1 General Fund MODERN PRINTERS Receipt Books&Code Books for PD 615.00 O1 General Fund MOTION&FLOW CONTROL PRODUCTS diesel transfer tank parts for fleet truck 26-qty 2 178.90 O1 General Fund MOTION&FLOW CONTROL PRODUCTS parts for ice melt tank-qty 4 27.85 Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 197 of 323 Page:5 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount O1 General Fund MOTIONS DANCE STUDIO instructor 1,928.00 fee-Ba I let,Ta p,Jazz,Dazzl e/Da nce,Cheer,Inclusion O1 General Fund MOUNTAIN HOME AUTO RANCH 2O-0047 220/Pub Ed Transit Van 26,780.63 O1 General Fund MOUNTAIN HOME AUTO RANCH 20-0051 2020 Ford F350(replacement truck#13) 27,418.50 O1 General Fund NAMPA POLICE DEPARTMENT Training Reg for Extreme Ownership Nampa PD 450.00 03/03/20 O1 General Fund NAPA AUTO PARTS 220/Antifreeze,T-31 11.98 O1 General Fund NAPA AUTO PARTS 220/lightbulbs, MF027 5.34 O1 General Fund NAPA AUTO PARTS 220/turn signal light, BC31 5.34 O1 General Fund NAPA AUTO PARTS brake light for Blue Trailer-qty 1 4.53 O1 General Fund NAPA AUTO PARTS Washer Fluid Supply 16.14 O1 General Fund NORTH SLOUGH WATER USERS Keith Bird Legacy Park 2020 water assessment; 1.2429 37.29 inches O1 General Fund NORTHWEST POWER SYSTEMS,INC Fix Coolant Leak @ Engine Heater on Generator& 903.10 Replace O1 General Fund NORTHWEST POWER SYSTEMS, INC Generator Inspt&Diagnose Louvers Not Opening 455.90 O1 General Fund OFFICE DEPOT,INC. 220/drawer tray&wastbasket,St. 6 64.77 O1 General Fund OFFICE DEPOT,INC. 220/Labeler tape for Station 6 11.81 O1 General Fund OFFICE DEPOT, INC. 220/0. Supplies-Lam. pouches,correction tape,grid 24.48 paper O1 General Fund OFFICE DEPOT,INC. 220/Printer toner, labels, Lam. pouches,cardstock 181.06 O1 General Fund OFFICE DEPOT, INC. 220/Ptouch label maker for Station 6 35.62 O1 General Fund OFFICE DEPOT, INC. Binder Dividers, Plates 56.04 O1 General Fund OFFICE DEPOT,INC. corkboard-qty 1 13.34 O1 General Fund OFFICE DEPOT,INC. correction tape, paper, markers, laminating film-qty 7 72.68 O1 General Fund OFFICE DEPOT, INC. desk calendar-qty 2 10.48 O1 General Fund OFFICE DEPOT,INC. desk name plate with stand for M Perkins-qty 1 21.75 O1 General Fund OFFICE DEPOT,INC. Label 1/2 inch Bk/Wht, EXT 11.33 O1 General Fund OFFICE DEPOT, INC. Label, 1/2 Blk/Yel 10.76 O1 General Fund OFFICE DEPOT, INC. letter tray&file folders-qty 2 28.47 O1 General Fund OFFICE DEPOT,INC. Newsletter paper,cardstock&badge holders 261.03 O1 General Fund OFFICE DEPOT,INC. paper-qty 1 30.13 O1 General Fund OFFICE DEPOT, INC. Paper, Basic, Bond, HP 36x1 40.11 O1 General Fund OFFICE DEPOT,INC. Pen,Gel, Fine,Asst 3.77 O1 General Fund OFFICE DEPOT,INC. pencil sharpener 18.24 O1 General Fund OFFICE DEPOT, INC. Pliers Qty.1 for Pulling Staples 4.19 O1 General Fund OFFICE DEPOT, INC. Post it's, Dividers, Pens,Tape, Markers 95.48 O1 General Fund OFFICE DEPOT,INC. Reels,Carabiner, Badge 4/ 7.04 O1 General Fund OFFICE DEPOT,INC. sharpie markers-qty 1 dozen 7.50 O1 General Fund OFFICE DEPOT, INC. sheet protectors,calenar, post-its,scissors,tape 95.00 Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020- Page 198 of 323 Page:6 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount O1 General Fund ON THE SPOT CLEANERS#15 220/dry cleaning uniform,3.Winkler,4 pieces Class A 14.00 O1 General Fund ON THE SPOT CLEANERS#15 Dry Cleaning PD Uniforms for Feb 2020 1,314.00 O1 General Fund PAIGE MECHANICAL GROUP,INC. Checked and Cleared Clogs 127.50 O1 General Fund PAUL'S MERIDIAN STINKER emissions testing for fleet truck 8- license C18529 15.00 O1 General Fund PAUL'S MERIDIAN STINKER Unit#122 Emission Test 15.00 O1 General Fund PLATT ELECTRIC SUPPLY hole saw x 1&arbor hole saw x 1 50.99 O1 General Fund PLATT ELECTRIC SUPPLY LED lights for Fuller Park-qty 100 731.00 O1 General Fund POWER SYSTEMS WEST 220/Annual emergency generator mtnc St. 1 378.04 O1 General Fund POWER SYSTEMS WEST 220/annual emergency generator mtnc St. 2 377.75 O1 General Fund POWER SYSTEMS WEST 220/annual emergency generator mtnc,St. 3 377.45 O1 General Fund PRECISION COMMUNICATIONS 20-0201 5% Retainage Billing Final Inv#1 1,431.85 HOLDINGS LLC O1 General Fund PROFORCE LAW ENFORCEMENT New Hire Gear-Flashlights for Duty Belts 385.08 O1 General Fund QUALITY ELECTRIC 20-0177 FY20 St Light Underground Power Locates 5,843.58 through 3/6 O1 General Fund QUALITY ELECTRIC 20-0177 FY20 Streetlight Underground Power Locates 4,710.68 Svc thru O1 General Fund RAY ALLEN MANUFACTURING CO,IN New Bite Suit&Protective Gear 1,444.97 O1 General Fund RETINA SYSTEMS, INC. 220/repair pub ed prop,911 Simulator 302.70 O1 General Fund RICOH USA,INC Addtl images for CID,C86284085, Feb 2020 599.47 O1 General Fund RICOH USA,INC Addtl Images for MADC,C86197400, Feb 2020 30.17 O1 General Fund RICOH USA,INC Addtl images for PSTC,C86247349 Feb 2020 40.63 O1 General Fund RICOH USA,INC Copier Addt'I Images for Lt Hallway C86216993 Feb 106.93 2020 O1 General Fund RODDA PAINT COMPANY brushes&paint for Bear Creek Park pump house-qty 4 100.46 O1 General Fund ROGERS TIRE PROS AND AUTO CARE new tires for fleet truck 18-qty 4 751.52 O1 General Fund ROGERS TIRE PROS AND AUTO CARE oil change for fleet truck 14-license C21110 51.17 O1 General Fund ROGERS TIRE PROS AND AUTO CARE tire stud removal for fleet truck 30- license C19967 37.50 O1 General Fund ROGERS TIRE PROS AND AUTO CARE tire stud removal for fleet truck 9-license C16104 37.50 O1 General Fund RYAN &RYAN MARKETING instructor fee-How to Make Bath Bombs 3/4/20 qty 2 24.00 O1 General Fund SAFEBUILT LLC Mech and Building Plan Review Safebuilt 2.2020 47,312.37 O1 General Fund SBI CONTRACTING baby changing stations for Kleiner Park north restroom 500.00 x2 O1 General Fund SBI CONTRACTING hand dryer for Settlers men's main restroom-qty 1 375.00 O1 General Fund SHANNON LIND instructor fee-Gentle Movement Stretch 2/5-2/26/20- 134.40 qty 6 O1 General Fund SHI INTERNATIONAL CORP WinSvrCAL 2019 Sngl Mvl Dvc CAL Windows Multiple 1,084.50 WIndows Pla O1 General Fund SHRED-IT USA, LLC. Shredding PD Documents January 2020 217.27 O1 General Fund SIGNS, ETC MADC Rx Takeback Signage 110.00 Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 199 of 323 Page:7 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund SIGNS, ETC men&women restroom signs-qty 4 66.00 01 General Fund SIGNS, ETC Nameplate for Programs&Events Specialist Position 62.00 01 General Fund SILVER CREEK SUPPLY 20-0218 irrigation supplies-qty 4,375 22,302.65 01 General Fund SILVER CREEK SUPPLY Baseline training for K Gallivan, K Yorita,J Aldrich 225.00 3/5/20 01 General Fund SILVINO T. LYRA instructor fee-Fencing 2/3-2/26/20-qty 4 384.00 01 General Fund SIMPLOT PARTNERS casoron pre-emergent for all parks-qty 2 bags 300.00 01 General Fund SPORTSENGINE INC background checks for volunteers 2/7/20&2/9/20- 37.00 qty 2 01 General Fund SYNCB/AMAZON 436655975655; 220/Velcro for hanging items on the 52.99 engines 01 General Fund SYNCB/AMAZON 449897788878; 220/Flammable storage cabinet for St. 726.00 6 01 General Fund SYNCB/AMAZON 499958599688; Floor Standing Sign Pedestal sign 37.99 01 General Fund SYNCB/AMAZON 883463959887; paper, bowls,coat rack 53.29 01 General Fund SYNCB/AMAZON 89395444834; 220/Crockpot for Station 1 45.91 01 General Fund T-ZERS SHIRT SHOP,INC 220/3 logo'd backpacks for training&DivCh equip 160.50 01 General Fund T-ZERS SHIRT SHOP,INC uniform coat embroidery for City Arborist-qty 2 29.00 01 General Fund TENZINGA Tenzinga Performance Management Annual License 480.00 Fee(5/01/19- 01 General Fund THE UPS STORE 220/mail in 911 simulator for repair 84.41 01 General Fund THE UPS STORE 220/return print ordered for LMF 12.28 01 General Fund THE UPS STORE Postage to Mail Radar to Laser Tech for Repair 18.03 01 General Fund TRANSOURCE SERVICES CORP 20-0114 Naspo ValuePoint MPA# MNWNC-130 22,980.00 01 General Fund TREASURE VALLEY COFFEE Coffee,Tea,Cider, Hot Choc,Cream,Sugar,Cups, 364.79 Cooler 01 General Fund UNIFORMS 2 GEAR 20-0068 220/Haix Boots, Mason 296.37 01 General Fund UNIFORMS 2 GEAR 20-0068 220/Workrite pants(1) 115.45 01 General Fund UNIFORMS 2 GEAR 20-0068 220/Workrite Pants(10) 1,194.84 01 General Fund UNIFORMS 2 GEAR 20-0068 220/Workrite Pants(14) 1,672.77 01 General Fund UNIFORMS 2 GEAR 20-0068 220/Workrite pants(9) 1,075.35 01 General Fund UNIFORMS 2 GEAR K9 Uniform for Esparza 216.93 01 General Fund UNIFORMS 2 GEAR New Hire Gear-Brandvold 58.67 01 General Fund VARSITY FACILITY SERVICES 20-0087 Janitorial services City-wide facilities thru 2/29 17,868.69 01 General Fund VIA PARTNERSHIP pay 1 public art survey&visioning work 2,000.00 session/agreement 01 General Fund WEST ADA SCHOOL DIST Refund WASD Agmt. Waives PD and Fire Impact Fees 842.24 01 General Fund WIENHOFF&ASSOCIATES,INC Pre Employment Testing 120.00 01 General Fund XEROX CORPORATION-PASADENA Xerox 7845 base Feb 2020; click 1/21-2/21/20; 488.63 MX4-506016 Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 200 of 323 Page:8 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 01 General Fund 559,793.99 07 Impact Fund MATERIALS TESTING&INSPECTION 19-0254 220/Sta. 6 2/16/20-2/29/20 Summary insp 362.50 &review Total 07 Impact Fund 362.50 20 Grant Fund JESSE TREE OF IDAHO 20-0131 CDBG PH19 Jesse Tree of ID Homelessness 900.00 governmental Pry Feb2020 Total 20 Grant Fund 900.00 governmental 60 Enterprise A-1 STAMP&MABEL'S LABELS Name plate for janitorial closet door in Ops bldg (1 qty) 8.00 Fund 60 Enterprise AIR FILTER SUPERSTORE WHOLESALE Air Filters for HVAC @ Well Sites,Qty 28 130.72 Fund LLC 60 Enterprise ALL AMERICAN INSURANCE Surety bond for C. Boggess notary application 50.00 Fund 60 Enterprise ANALYTICAL LABORATORIES INC. PO#20-0005, Bacti Sampling,Qty 116 1,763.20 Fund 60 Enterprise BILLING DOCUMENT SPECIALISTS 20-0004 FY20 IVR Phone Services February 2020 2,261.25 Fund 60 Enterprise BILLING DOCUMENT SPECIALISTS 20-0004 FY20 Lockbox Payment Processing Feb 2020 1,419.73 Fund 60 Enterprise BILLING DOCUMENT SPECIALISTS 20-0004 FY20 Statement&Del Notice Processing Svc 12,366.50 Fund Feb 2020 60 Enterprise BILLING DOCUMENT SPECIALISTS Post card mailer for flood plain outreach-J. Korn 275.80 Fund 60 Enterprise BOE-Boise Office Equipment 8TB614975 Copies February 2020 115.17 Fund 60 Enterprise BRIAN&LISA HAMPTON REFUND WT/S/T: 1000 W CREST WOOD CIR 37.67 Fund CUSTOMER PAID AFTER CLO 60 Enterprise BRIAN KERR Reim:B.Kerr Lic IBOL-Lic Testing CWI Registerblast 87.00 Fund 60 Enterprise BRIGHTON PROPERTIES, LLC Refund War.Sur.Dep Ten Mile Crossing No.2 Orig Pymt 14,867.45 Fund CR18-292 60 Enterprise CAMERON AMBROZ Reim:C.Ambroz,Water Tx Class I Upgrade Fee 25.00 Fund 60 Enterprise CARLS CYCLE SALES 20-0252 Kawasaki Mules for WRRF(3 qty) 19,917.00 Fund Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 201 of 323 Page:9 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise CITY OF BOISE 20-0183 IPDES testing (87 tests) 3,173.50 Fund 60 Enterprise CIVIL SURVEY CONSULTANTS 18-0334 Wtr Main Ext,W.Victory,S.Ten Mile Design 643.00 Fund to 2/29 60 Enterprise CIVIL SURVEY CONSULTANTS 19-0375 ACHD Meridian Rd,Cherry to Ustick, Design 600.00 Fund thru 2/29 60 Enterprise CIVIL SURVEY CONSULTANTS No PO Consulting Eng Water FY20 PRV Elevation 2,591.00 Fund through 2/29 60 Enterprise COLUMBIA ELECTRIC SUPPLY 20-0225 PLC parts for PLC at Headworks(13 qty) 16,010.44 Fund 60 Enterprise COLUMBIA ELECTRIC SUPPLY Well 20 Booster, Replacement Electrical,Qty 80, 3,775.80 Fund WO#276144 60 Enterprise CORE&MAIN LP Brass Nipple, Brass Tee,Qty 16 52.10 Fund 60 Enterprise CSS GROUP Translore License&Tickets 243.65 Fund 60 Enterprise CUE'S INC Labor&materials to repair computer on CCTV Van 1 2,988.42 Fund C16415 60 Enterprise D&B SUPPLY Safety boots for BBesson(1 pair) 143.99 Fund 60 Enterprise DAN BERTHE PerDiem:D.Berthe,WEF/IWA,Min neapolis,M N 266.00 Fund 3/30/20-4/3/20 60 Enterprise EL-ADA,INC. El-Ada February 2020 Services 21.00 Fund 60 Enterprise ERS, EMERGENCY RESPONDER Labor&supplies to remove&install equipment 1,647.00 Fund SERVICES, INC. 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0019, Metals,Ammonia Sampling @ Well 18, 150.00 Fund Qty 5 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0019, Metals,Ammonia Sampling @ Well 18, 210.00 Fund Qty 7 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0019,Special Sampling @ Well 17 1,330.00 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC Special Sampling for 4640 N.Ten Mile Rd,Qty 6, 156.00 Fund WO#290455 60 Enterprise FASTENAL COMPANY Concrete anchors for stock(50 qty) 80.50 Fund 60 Enterprise FASTENAL COMPANY Disposable particulate respirator(5 qty) 13.24 Fund 60 Enterprise FASTENAL COMPANY Flat Socket Cap Screws, Flat Washer, Hex Nuts,Qty 125 24.87 Fund Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 202 of 323 Page:10 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise FERGUSON ENTERPRISES INC. 3/4in Meter TLPC PK,Qty 1,WO#286786 16.30 Fund 60 Enterprise FERGUSON ENTERPRISES INC. 3/4in Meter TLPC PLC,Well 22 Rotork,Qty 3, 48.89 Fund WO#286785 60 Enterprise FERGUSON ENTERPRISES INC. EI,Cping,Union,Copper Tube,Brss Thrd Well 2 435.44 Fund Rotork,Qty 72 60 Enterprise FERGUSON ENTERPRISES INC. Elbow,Adapter,Tee, Brush,WEII 27 Rotork,Qty 208.97 Fund 64,WO#286720 60 Enterprise FERGUSON ENTERPRISES INC. Grundfos Valve, Diaphragm Kit,Qty 2 1,080.00 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Hydrant Parts, 1 Ext Flg Only 5-1/4,Qty 2 270.00 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Meter TL PC PK, Raptor Pro 6 Adj Wrch,Qty 48.58 Fund 3,WO#289532 60 Enterprise FERGUSON ENTERPRISES INC. Parts for reclaimed water meter install project(58 qty) 6,699.92 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Tee,Union,Copper Tube,Thread,Thread Tape, Brush, 239.35 Fund Qty 34 60 Enterprise FISHER SCIENTIFIC Lab coat(1 qty) 71.50 Fund 60 Enterprise FISHER SCIENTIFIC Naphthylethylenediamine(1 qty) 146.14 Fund 60 Enterprise FISHER SCIENTIFIC Sodium chloride(1 qty) 36.61 Fund 60 Enterprise FLIR COMMERCIAL SYSTEMS INC Registration for JAllen to attend thermography 1,995.00 Fund certification 60 Enterprise GIESLER AUTO REPAIR Oil Change,C13732,WO#286760 53.28 Fund 60 Enterprise GORDON&MARY STEINBIS REFUND WT/S/T: 1049 E RADIANT RIDGE DR TITLE 32.17 Fund COMPANY OVERPAI 60 Enterprise GRAINGER 100psi Pressure Gauge,0-15psi Pressure Gauge,Qty 2 210.73 Fund 60 Enterprise GRAINGER Hose clamp(5 qty) 21.35 Fund 60 Enterprise GRAINGER Storage hooks to organize tool room(20 qty) 148.20 Fund 60 Enterprise GRANT MECHANICAL,INC Labor&part to repair HVAC 1 at chem feed bldg(5.5 929.25 Fund hrs) 60 Enterprise GRANT MECHANICAL,INC Labor&part to repair HVAC 1 in chem feed bldg (2.5 479.72 Fund hrs) Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 203 of 323 Page:11 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise GRANT MECHANICAL,INC Labor&part to repair HVAC 2 in chem feed bldg (3 hrs) 580.31 Fund 60 Enterprise GRANT MECHANICAL,INC Labor to repair HVAC at Daft 2 control bdg(2 hrs) 180.00 Fund 60 Enterprise H.D. FOWLER COMPANY Grip Joint Coupling, Brass Nipple,Qty 14 160.34 Fund 60 Enterprise HOME DEPOT CREDIT SERVICES Black Spray Paint, Hammer Drill Bit,Qty 2,WO#290210 22.45 Fund 60 Enterprise HOME DEPOT CREDIT SERVICES Mop Handle, Floor Squeegee,Qty 4 84.88 Fund 60 Enterprise HOME DEPOT CREDIT SERVICES paint&rust stripper plus paint(4 qty) 18.91 Fund 60 Enterprise HOME DEPOT CREDIT SERVICES Sales tax refund (2.88) Fund 60 Enterprise HOME DEPOT CREDIT SERVICES Shrink wrap for shop(2 qty) 50.84 Fund 60 Enterprise HOME DEPOT CREDIT SERVICES Two sided tape for sign&rivets for shop stock(2 qty) 11.26 Fund 60 Enterprise HOME DEPOT CREDIT SERVICES Weed blade cutter&garden knife(2 qty) 28.96 Fund 60 Enterprise HONSINGER LAW 20-0062 Water Rights Administration Legal Assistance 1,740.00 Fund to 3/6 60 Enterprise I.C.R.M.P. Payment for 2nd Half of Insurance Premiuml0/01/19- 41,864.63 Fund 09/30/20 60 Enterprise INNOVYZE INC 20-0247 InfoSWMM Suite Floating (Unlimited Links)- 19,705.00 Fund InfoCare 60 Enterprise JACK HENRY&ASSOCIATES INC Bank Fees February 2020 538.86 Fund 60 Enterprise 3C CONSTRUCTORS INC 19-0100 WRRF Capacity Expansion Liquid Stream thru 351,809.55 Fund 2/25 60 Enterprise 3UB ENGINEERS 20-0142 On-Call Master Planning&Modeling Support 3,039.60 Fund thru 2/1 60 Enterprise 3UB ENGINEERS 20-0149 Boise Outfall Pipeline Phasing Plan to 2/1 3,000.40 Fund 60 Enterprise 3UB ENGINEERS 20-0164 S/N Black Cat lift station pump/air impr.to 2/1 5,064.90 Fund 60 Enterprise KEMIRA WATER SOLUTIONS,INC 20-0034 PAX(46,640 Ibs) 13,945.36 Fund 60 Enterprise KENDALL FORD OF MERIDIAN Labor&parts to repair broken door handle on Ford 276.45 Fund Ranger Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 204 of 323 Page:12 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise KENT&CHELSEA WADE REFUND WT/S/T: 1310 YAKIMA WAY CUSTOMER PAID 47.97 Fund AFTER CLOSING 60 Enterprise LAWN CO MAINTENANCE PO#20-0223,3/1/20-3/31/20, Lawn Maint for Well 2,560.00 Fund Sites 60 Enterprise LOWE'S DW 1R 1/4in-1/2in Skt, Limo Truck Part,Qty 1 4.26 Fund 60 Enterprise MARK E KACZMARCZYK REFUNDS WT/S/T: 5127 S MARSALA WAY TITLE 33.67 Fund COMPANY OVERPAID 60 Enterprise MERIDIAN AUTOMOTIVE&MACHINE Trnsmsn Flsh,Rplc Air Filter,Brk Pds,Vly Cvr Gskt,Spk 2,477.11 Fund Plgs 60 Enterprise METROQUIP, INC. Heavy duty hose guide assembly(1 qty) 209.00 Fund 60 Enterprise MODERN PRINTERS City logo envelopes(500 qty) 54.00 Fund 60 Enterprise MOTION&FLOW CONTROL PRODUCTS Clear poly braid hose(300 ft) 1,474.20 Fund 60 Enterprise MOTION&FLOW CONTROL PRODUCTS Tubing fittings for stock(6 qty) 28.07 Fund 60 Enterprise MOTION INDUSTRIES, INC Aqua diamon disc pack(4 qty) 789.94 Fund 60 Enterprise MOUNTAIN WATERWORKS,INC 20-0108 Sidestream Phosphorus Recovery Prelim 9,065.00 Fund Design to 2/22 60 Enterprise MOUNTAIN WATERWORKS,INC 20-0122 WRRF 2019 Air Permit Updates Sry to 2/21 1,592.50 Fund 60 Enterprise MOUNTAIN WATERWORKS,INC PO#18-0530,OCCT Pilot Test 640.00 Fund 60 Enterprise NAPA AUTO PARTS V-belts(2 qty) 25.98 Fund 60 Enterprise NORCO 4 gas meter(1 qty) 595.00 Fund 60 Enterprise NORCO Hand sanitizer(4 qty) 83.14 Fund 60 Enterprise NORTHWEST POWER SYSTEMS, INC Labor&part to troubleshoot failed ATS(4 hrs) 438.02 Fund 60 Enterprise OFFICE DEPOT,INC. 11x17 Paper,3M Tape for PW Office&Toner for W. 125.93 Fund Stewart 60 Enterprise OFFICE DEPOT, INC. Binder Dividers, Plates 23.01 Fund 60 Enterprise OFFICE VALUE- MERIDIAN Checkmark Stamp,Tissue, D,AAA,AA Batteries,Wire 107.54 Fund Hook,Qty7 Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 205 of 323 Page:13 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise OFFICE VALUE- MERIDIAN Hanging File Folders, File Folders,Qty 2 31.64 Fund 60 Enterprise OXARC,INC. PO#20-0022,Sodium Hypochlorite,Well 3,425.00 Fund 19,27,30,22,2000gl 60 Enterprise PACIFIC STEEL&RECYCLING Steel for wasting pump for landing at RAS/WAS station 376.39 Fund (2 qty 60 Enterprise POST DRILLING 20-0171 Well 18 Water Treatment Remove Well Liner 11,600.00 Fund to 1/9 60 Enterprise POSTNET Backflow April 1st Reminder Letters, Batch 1050,Qty 196.15 Fund 742 60 Enterprise POSTNET Backflow Feb 1st Final Letters, Batch 1048,Qty 200 79.10 Fund 60 Enterprise ROCKY MOUNTAIN COLLISION Emissions test on Ford F250 C12033 9.98 Fund 60 Enterprise ROCKY MOUNTAIN COLLISION Emissions test on PW Blazer C12445 9.98 Fund 60 Enterprise SPF WATER ENGINEERING, LLC 20-0091 Well 9 Replacement Design Test Well 9B sry 5,082.35 Fund to 2/29 60 Enterprise SULLIVAN REBERGER PO# 20-0003 February 2020 Lobbying Fees 3,000.00 Fund 60 Enterprise SYNCB/AMAZON 638799337555;Global SAT-353-S4 USB GPS Receiver, 51.94 Fund Qty 2 60 Enterprise SYNCB/AMAZON 686375476663; Glade Plugin Refills,Qty 2 26.00 Fund 60 Enterprise SYNCB/AMAZON 755734358879; Cell phone case for RMurray(1 qty) 16.18 Fund 60 Enterprise TAMIE S COOPER REFUND WT/S/T: 2719 S LOFTUS WAY CUSTOMER 150.00 Fund PAID AFTER CLOSING 60 Enterprise THE UPS STORE IPDES sample shipping 104.43 Fund 60 Enterprise THE UPS STORE Shipping to send CCTV Van 1 computer in for repairs 124.35 Fund 60 Enterprise THOMAS A&KIM H WHEELER REFUND WT/S/T: 379 E BALDWIN ST CUSTOMER 67.43 Fund PAID AFTER CLOSING 60 Enterprise USA BLUEBOOK 1/2in PVC Needle Valve,Qty 1 96.06 Fund 60 Enterprise USA BLUEBOOK Hach DR900 Colorimeter,Qty 1 1,545.48 Fund 60 Enterprise VARSITY FACILITY SERVICES 20-0087 Janitorial services City-wide facilities thru 2/29 1,952.46 Fund Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 206 of 323 Page:14 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise VWR INTERNATIONAL LLC. Graduated cylinders(4 pk) 229.48 Fund Total60 Enterprise 591,284.96 Fund Report Total 1,152,341.45 Date:3/19/20 02:30:29 PM Meridian City Council Meeting Agenda March 24,2020— Page 207 of 323 Page:15 WI IDIAN --- IDAHO Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: / 1 1 11 � �111 inlnl � I 1 1 1 � � � � •r� - •' r •::�:.i• 1 i, = {�+.� ■ ■1■ pia r 11 t' ■. in ''lip NEON .00010 IIN11 � p 111111 7■1■1■� 1111 1 - i F - � �� . .. —.},. " '.'' 1111■11 _ _ 1111 111 y violin■■ nlllll 1 1 701001 ■ lor t i■7 ■i■� 1 111n111 71n1■Inn Ell �+Y- 11 1 ' 1■1■■ Ii■11 � 11n11 � � 11111111 � ■uuu■ uuui F - ■ � .- . .•. IIIIIIIL . 11■111 ■1■1■1■1 lollZ ,mot : i.� �, w i ti"Ilt �� nn --- I11 1111 � rl■� 1• '111111 1 � r°. 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Nbed F.iw arevb rf snore: {� — — 11 JhFI ^StWnuFMllron 2_-E 3s eF,n�nEs Data Allmon Subdivision ]Es PTU - E- - E E E T-E Parking Plan �la►aGr R19DOML Lair 6.20 6d.L. a 9AM dOES LM 1.07 M.- C Idw N O;hE COWN LOT C.19 &I pfir-T33t 1.17 LA4,:% PE PH['-} 11.11 4... T:E na LM 50 .'-R. - AE WFUA LETS 7 ti Sag-46•49-W 1 2aa.' +r � u ' f : .7' '•'` 0 a s ry •• .fir. IL-. - - I"lv - h }".•' ? sv r• O hk qL_ W �5. � , _ �•'r y .ti:' '�'�i '��•. . r.^: ';: ; :.i'.. }_`'_ 5•?. ..'':; 'sti' i�M1F � ; f �TME ( I —. _. _.. -Ch SfREE>•'AFKWj , �,VY STALL TO I 49' JgFl vl- W t w I I 35&A 0 bark at rurh - i'� 1lk5' 1i.5' v' 3 9'Trued Lmr �r Traud Lore Nrpb; —7.ank Miniru--ry 2.013$ MinirriuT T {kushas! I e base7:'. '.%:f%,',•'! f`%:f`'f;%: %: %:•.i%i•._••% r.•%;�•: ;.•: '4 ro�rsr- }`moor m ' �' ' OvrKle a Bided [SI CM I, .,TM ihdsress order adeedM, I 2 1/2' 9 asphAL =uppkrerhul saldurd Bann, 5 FC9. 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HrpimhTu TkE 1-_1ar Typical Street Cross-Section 1 Ff.: J:u}{i:-STRAWRY,FOR Me: AK:HN%aihIa.l:'lR4. s11i IMII; 513-131-A N19f Ri MkE Allman Subdivision Open Space Plan I I I II 1 II II III 5$9'4fi'49"W 1288.18 < ffi � X 01 U44 Rom? 20 Ea A S� R a o o 9 0 N89'43'08'E 1,287.84' �1 I I I BLOCK-LOT COMMON LOT AREA SF COMMON DRIVE AREA SF QUALIFYING LANDSCAPE AREA SF NON-QUALIFYING LANDSCAPE AREA SF 1-1 31,351 SF 2,336 SF 29,015 SF C 1-2 3,081 SF NSA 3,081 SF 0 1-25 11,624 SF N/A 5,812 SF 5,812 SF 1-29 10,965 SF 2,347 SF 8,618 SF 0 1-34 1,216 SF N/A 1,21E SF G 2-1 1,216 SF NSA 1,216 SF 0 2-6 24,309 SF 2,523 SF 21.786 SF O NORTH SUBTOTAL 83,762 SF 7,206 SF 70,744 SF 5,812 0 100 200 PERCENTAGE 19.7% 1.7% 16.5% 1 4% HORIZONTAL SCALE: f=100' TOTAL SUBDIVISION AREA 1425.283 SF - —-------YS. �y _S'-H-dL J6P■_---T�_��r__;��==�lLW;GPLSt�SrJZ_■-_■_. 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'r: +i�y �17151Li■ - --�ter_s _� .s��•i==-r!■-��. w asr----■_-,..,.�_■__-'��__�` i��=-=_-===�rtz�'Lnerr � !r -- - ----- 111111111111 r� ------_-_ �`�--- a �lll! �!lllll ll�11 �r.. ---___ �--�i l■■■■■-- �■�■- ter_ s 1�YT1Lf.F 1L■—�7J'LT�SS •-rl_�:.I ia7�l�f.fY• I =_ _�e_v�r_rr_�_ ■■ -- �_____ Lac WL- —___ = :_�____: � = f� ELLLe = +� HIM I a R' r rr 4 _ �•`t• a -? ��.I I_` • F•A r L.I. — — • ,'tip F�: �■ I : _ Illlll OWE 0 Iniiil IHill ML IIIIIII III ;�� . �' , , ..:•. � =�� a-=,°_ . : = IIIIII I III III I I Ill III�� i Changes to Agenda: None Item #7A: Sky Mesa Highlands (H-2019-0123) (NO EARLIER THAN 6:05 PM) Application(s):  Annexation & Zoning  Preliminary Plat Size of property, existing zoning, and location: This site consists of 30.6 acres of land, zoned RUT in Ada County, located at the NWC of S. Eagle Rd. & E. Lake Hazel Rd. History: None Comprehensive Plan FLUM Designation: LDR (3 or fewer units/acre) Summary of Request: The Applicant requests annexation of 31.96 acres of land with an R-4 zoning district for the development of 74 new SFR detached homes at a gross density of 2.45 units/acre consistent with the LDR FLUM designation. There is an existing home and accessory structures on this site that are proposed to remain on a lot in the proposed subdivision. A preliminary plat is proposed consisting of 75 building lots, 11 common lots & 2 other lots on 30.6 acres of land; originally, the plat was planned to develop in one phase but is now proposed to develop in 2 phases as shown on the phasing plan. The average lot size in the development is 11,000 s.f. with a minimum lot size of 8,000 s.f. Access is proposed via the extension of stub streets to the north in Sky Mesa Subdivision via E. Taconic Dr.; emergency access only is proposed via Eagle Rd. The Applicant is seeking a waiver from City Council to UDC 11-3A-3A.3 for the access driveway via Eagle Rd. for the existing home to remain until such time as the property redevelops; at such time, access would be taken internally from within the subdivision via a common driveway and the access would be closed. A 25’ wide landscaped street buffer & detached sidewalk is required along Eagle & Lake Hazel Rds.; Staff recommends the buffer and sidewalk is extended across the frontage of the lot adjacent to Eagle Rd. in a common lot where the existing home is proposed to remain, except for the area where the driveway is located if Council approves a waiver for the access to remain. A minimum of 10% qualified open space & 1 site amenity is required to be provided within this development. A total of 6.55 acres (or 21%) of qualified open space consisting of ½ the street buffer along Eagle & Lake Hazel Rds., 8’ wide pathways along internal streets & common areas over 50’ x 100’ in area are proposed in excess of UDC standards. A large part of the common area includes two areas with significant slopes that are proposed to be landscaped in accord with UDC standards to count toward the qualified open space standards. A 675’ long pedestrian pathway is depicted on the landscape plan through the common area on Lot 14, Block 3; because it does not connect to an existing or planned pedestrian or bicycle route outside the development as designated on the Pathways Master Plan, it does not count as a “qualified” site amenity – therefore, the Applicant now proposes to not provide a pathway in this area. Because no other qualified site amenities are proposed and because removal of the pathway will essentially make the common area unusable, Staff is not in favor of removal of the pathway. This development is proposed to be included in the Sky Mesa HOA and will be granted access to all amenities in that development consisting of (2) swimming pools and clubhouses, sports fields (i.e. ball field, basketball court), walking paths, playground structure and a swing set. The distance to these amenities range from 950-2,400 feet away from the northwest corner of this development. Because this will essentially be another phase of Sky Mesa and amenities were provided above the minimum standards for that development, Staff is amenable to the Applicant’s request. The Grimmett Lateral runs along the west & north boundaries of the site within a 30’ wide irrigation easement that is proposed to remain open on the west side and be piped on the north side and be located within common lots. Fencing is proposed along the east side of the easement line abutting building lots for safety. The UDC (11-3A-6B) requires all laterals to be piped unless used as a water amenity or linear open space as defined in UDC 11-1A-1; the Applicant requests Council approval of a waiver to this requirement to leave the Grimmett Lateral open along the west boundary of the site. Conceptual building elevations were submitted that demonstrate the architecture and building materials for single and 2-story structures proposed within the development that include a mix of materials and colors with stone veneer wainscot. Because all of the proposed units are detached, they are not subject to design review. Commission Recommendation: Approval Summary of Commission Public Hearing: 4. Commission change(s) to Staff recommendation: a. In response to the Applicant’s request to remove the pathway in the central common area on Lot 14, Block 3, the Commission wants the pathway to remain and at a minimum extend from the east to the cul-de-sac on S. Burgo Pl. as recommended by Staff (no change necessary to conditions); b. The Commission directed the Applicant to work with Staff on the type of fencing to be constructed adjacent to the common area on Lot 14, Block 3 – Staff met with the Applicant and 4’ solid fencing with 2’ open vision at the top is proposed in accord with UDC standards. c. The Commission directed the Applicant to work with ACHD and the Fire Dept. to resolve concerns with traffic and secondary accesses and phasing – a revised phasing plan was submitted which depicts a secondary emergency access that has been approved by the Fire Dept. (no change to conditions). d. The Commission recommends Council not require the Grimmett Lateral to be piped, as requested by the Applicant; and that the Applicant work with Staff and the Irrigation District on landscaping possibilities or potential water features there. The Applicant contacted the Irrigation District and the only landscaping they’ll allow within the easement is grass. e. Include a DA provision requiring a scenic easement for homes on Lots 15-27, Block 3 to be 5’ below the ground elevation of Mr. Cantrell’s and neighboring homes adjacent to the southern boundary of the site on Lake Hazel Rd.; f. Include a new condition for trees planted within the common lot on Lot 10, Block 1 to be planted at the base of the slope; and, f. Include a DA provision requiring an irrigation system with at least 60 psi for the property owners to the south along Lake Hazel Rd.. Outstanding Issue(s) for City Council: i. The Applicant requests a Council waiver to UDC 11-3A-6B.3, which requires the waterway along the west boundary of the site to be piped unless used as a water amenity or linear open space as defined in UDC 11-1A-1, to leave the waterway open. Council may grant a waiver if it finds the public purpose requiring such will not be served and public safety can be preserved. The Commission recommends Council approve the Applicant’s request for a waiver. ii. The Applicant requests a Council waiver to UDC 11-3A-6E, which requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area unless modified by City Council at a public hearing; the Applicant requests approval for the easement for the Grimmett Lateral located along the north & west boundaries of the site to be located within adjacent building lots rather than in common lots. If Council does not approve the waiver, the easements should be placed in common lots. The revised plat that was submitted since the Commission hearing depicts the easement within common lots; this waiver is no longer needed. Written Testimony since Commission Hearing: Southern Rim Coalition – has the following comments:  a large portion of the qualified open space is unusable slope areas – they request these areas not be counted toward the minimum open space standard and that green space adequate for recreational activities are provided;  concern pertaining to the native grasses on the slope between homes on Lot 14 and who would be responsible for trimming and weed prevention – concern pertaining to fire hazard if not properly maintained and less than desirable Fire Dept. response time to the site; and,  need for protection of the view sheds and property values of the homes on large estate size properties at the southern end of the development area. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0123, as presented in the staff report for the hearing date of March 24, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0123, as presented during the hearing on March 24, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0123 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #7B: Allmon Subdivision (H-2019-0135) (NO EARLIER THAN 6:30 PM) Application(s):  Annexation & Zoning  Preliminary Plat Size of property, existing zoning, and location: This site consists of 9.91 acres of land, zoned RUT in Ada County, located at 5885 & 5875 N. Locust Grove Rd. History: None Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) Summary of Request: Annexation of 10.03 acres of land with R-8 zoning for the development of SFR detached homes consistent with the MDR FLUM designation. Preliminary plat consisting of 50 buildable lots & 7 common lots on 9.91 acres of land in the proposed R-8 district. The minimum lot size proposed is 4,161 s.f. with an average lot size of 4,692 s.f.; the gross density is 5.08 units/acre with a net density of 6.11 units/acre. The subdivision is proposed to develop in one phase. There are 2 existing homes & accessory structures on the site that are proposed to be removed with development. Access is proposed via the extension of existing stub streets from the north & south boundaries of the site; direct access via N. Locust Grove Rd. is not proposed or approved. Off-street parking is required in accord with UDC standards based on the number of bedrooms per unit; a parking plan was submitted that depicts a total of 37 available on-street parking spaces for guest parking. A minimum of 10% (or 0.99 of an acre) qualified open space is required to be provided with development of the subdivision; 1.62 acres (or 16.6%) is proposed consisting of linear open space where pathways are located, the common area where a community garden is proposed & ½ the street buffer along Locust Grove. A minimum of (1) qualified site amenity is required to be provided; a community vegetable garden with (6) 8’ x 12’ planter boxes, a “loop” pedestrian pathway around the perimeter of the development, a rose garden with a stone sitting bench and a meditation garden with a bubbling rock and a stone sitting bench are proposed as amenities in excess of UDC standards. A 10’ wide detached multi-use pathway is also proposed along Locust Grove Rd. Sample renderings were submitted of the types of homes planned to be constructed in this development. Homes are a single-story in height with a variety and mix of finish materials with stone/brick veneer accents; some units may have a second level bonus room built into the roof structure but appear as a single-level with no windows facing the rear yard. To mitigate the lack of transition in lot sizes from adjacent developments at the perimeter boundary, the Applicant proposes homes will be limited to 25’ in height to essentially restrict homes to a single-story, with the allowance of a bonus room to be built into the roof structure and no windows facing the rear yard. Commission Recommendation: Approval 1. Summary of Commission public hearing: a. In favor: Dean Waite, Todd Campbell Construction b. In opposition: Renee Hanson; Judy Calle; Jerry Munzer c. Commenting: Tyler Rountree; Ron Nead; Valerie McElrath; Matthew Storch d. Written testimony: Jim & Phyllis Lemieux, Renee (no last name), David & Ann Henchman, Dean & Renee Hanson, and Jim & Cathy Sears. 2. Key issue(s) of public testimony: a. Concerns pertaining to traffic impact on adjacent neighborhoods & safety of neighborhood children with more traffic; b. Preference for a direct access for the subdivision via Locust Grove Rd. instead of sending traffic though adjacent existing neighborhoods; c. Concern there may be a delay in emergency response without a direct access via Locust Grove Rd.; d. Preference for this area to be open space or a community park; e. Opinion that zoning should be R-4, instead of R-8, and that density/lot sizes should match that in surrounding developments; f. Concern pertaining to difference in elevation of the subject property compared to that of abutting developments in relation to the perimeter walking path and if there will be a retaining wall or something to stabilize existing fences. 3. Key issue(s) of discussion by Commission: a. Concern pertaining to on-street parking availability and trash service (where to put the carts) for homes at the end of the cul-de-sac on the east end of the subdivision; b. The public’s request for a direct access to Locust Grove Rd.; c. Transition in lot sizes/density from adjacent developments to this site and impact of R-4 zoning instead of R-8 on the proposed development plan –preference for R-4 zoning/development; d. Opinion that the single-level patio homes will cater to an older population with fewer children which will have a lesser impact on traffic than a typical development; e. Concern pertaining to traffic in this area and level of service “F” on Locust Grove Rd.; f. In favor of the quality of development proposed and the common areas with pathways proposed to buffer and transition from adjacent lots. 4. Commission change(s) to Staff recommendation: a. Include a condition to reduce the number of buildable lots by 5 to no more than 45 lots and to have no more than 6 lots off the cul-de-sac on the eastern portion of the subdivision (see Section IX.A.2c). 5. Outstanding issue(s) for City Council: a. The Applicant did not make the changes to the plat requested by the Commission as they feel the concessions they’ve made already, more than justify the transition from larger lot sizes to those proposed. Concessions include the following: landscape buffers along north and south boundaries; far exceeding the minimum qualified open space and site amenity standards; and limitation of the height of homes to 25’ (i.e. single-story). Written Testimony since Commission Hearing:  Brandon Morse, Carl Patten, Judy Calle, Joe & Lea Saccoman, Traci Servatius and Albert & Marilyn Castagnola - concerns pertaining to traffic impact on their neighborhoods resulting from traffic from this development without an access via Locust Grove; opinion Meridian needs to deal with its existing infrastructure & taxation before approving any more developments which result in overcrowded schools, roads and wastewater systems; and preference for R-4 instead of R-8 zoning to reduce the number of lots and subsequent traffic.  John & Pam Marsh, Ryan Moore, Craig Telford, Paul Silva, residents of Reserve Sub. – In support of project & the quality of homes proposed  Rodney & MJ Bates – in support of project per the Commission’s recommendation to reduce the # of lots in the cul-de-sac. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0135, as presented in the staff report for the hearing date of March 24, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0135, as presented during the hearing on March 24, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0135 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance. ]zav v[ . . Thv._ Can Von hake wee applicant ms"mqueAo,2M1 $ hell • Rlmplease._? • X ieddglcan'Iherthim Meneed¢cocalkr Eketlinto is Th, me • 00 o ® ® 04 zzea .nac <0 • lies who mll malMtln... Tyree-crass¢:areereha . 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Inaven'tyn neaitla canpemrg reattn to waive wr repuiremem. 3- pleau zlare mae aMut tM eeaslm for"I renaing wound me n lot szre i tImf center J moust cwiwsaloo well m.vatl„n e willlvve walking on 3-pleme tell us more moan wM intMGnrtannee" ral �� eisemmtintlwcwnnm bt. me • 00 a 0004 CAE ��AN ITEM SHEET IDAHO Council Agenda Item -7.A. Presenter: Estimated Time for Presentation: 0 Title of Item - Item to be considered no earlier than 6:05 pm: Public Hearing Continued from March 10, 2020 for Sky Mesa Highlands (H-2019-0123) by HHS Construction, LLC, Located at the NW Corner of S. Eagle Rd. and E. Lake Hazel Rd. Click Here for Application Materials Email comments to cityclerk@meridiancity.org Council Notes: ATTACHMENTS: DescripA116,, tio T loa Planning and Zoning Minutes Minutes 1/31/2020 PZ Recommendations and Staff Report Staff Report 3/18/2020 REVIEWERS: Department Reviewer Action Clerk. Weatherly, Adrienne Approved 3/18/2020 - 9:00 AM Meridian City Council Meeting Agenda March 24,2020— Page 208 of 323 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING March 24,2020 Legend 0 DATE: Continued from:February 4 and 25, ( PpC�- t L<=fion yx and March 10, 2020 .k TO: Mayor&City Council FROM: Sonya Allen,Associate Planner - 208-884-5533 - Bruce Freckleton,Development Services Manager 208-887-2211 _ OOF SUBJECT: Sky Mesa Highlands H-2019-0123 ---� , LOCATION: Northwest corner of S. Eagle Rd. and E. - - - '00----- Lake Hazel Rd., in the SE '/4 of Section 32,T.3N.,R.IE. (Parcel#R1835500100 &#51132449300) I. PROJECT DESCRIPTION Annexation of 31.96 acres of land with an R-4 zoning district; and preliminary plat consisting of 75 building lots, 11 common lots and 2 other lots on 30.6 acres of land in the proposed R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 30.6 Future Land Use Designation LDR(Low Density Residential)(3 or fewer units/acre) Existing Land Use(s) Rural residential/agricultural with one(1)home Proposed Land Use(s) SFR(single-family residential) Lots(#and type;bldg./common) 75 building; 11 common;2 other(common driveways) Phasing Plan(#of phases) None(4-2 phases) Number of Residential Units(type 75 (SFR detached) of units) Density(gross&net) 2.45 gross;3.96 net Open Space(acres,total 6.55 acres;21%(consisting of half the street buffer along [%]/buffer/qualified) Eagle Rd.,arterial street;internal parkways;and open space areas over 50'x 100' in area) Amenities 11%additional qualified open space(of at least 20,000 s.f. in area)above the minimum required;Applicant also Page 1 Meridian City Council Meeting Agenda March 24,2020— Page 235 of 323 Description Details Page proposes to provide access to the amenities in Sky Mesa to the north through HOA CC&R's Physical Features(waterways, The topography of the site slopes up toward E. Lake Hazel hazards,flood plain,hillside) Rd.toward the south and west boundaries;there are steep slopes within the common areas on Lot 14,Block 3 and Lot 10,Block 1 Neighborhood meeting date;#of 10/7/19; 1 attendee attendees: History(previous approvals) None B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Not yet • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access from the north via the extension of S. Cubola Way Hwy/Local)(Existing and Proposed) and S.Pioneer Trail Way in Sky Mesa Commons Sub. Traffic Level of Service Stub Street/Interconnectivity/Cross Connection to two(2)future stub streets to the north is Access proposed;no stub streets exist to this site from the west;no stub streets are proposed to the south for topography reasons Existing Road Network None Existing Arterial Sidewalks/ None Buffers Proposed Road Improvements S.Eagle Rd.between Amity&Lake Hazel Rds.is planned to be widened to 5 lanes with curb,gutter&sidewalk and a Level 3 bike facility;and the intersection at Lake Hazel/Eagle Rds. is planned to be widened to 4/5 lanes on Eagle and 3/5 lanes on Lake Hazel&signalized in 2023 per The Five Year Work Plan Fire Service • Distance to Fire Station 2.6 miles(Fire Station#4) • Fire Response Time 6:00 minutes(under ideal conditions) • Resource Reliability 78%(does not meet targeted goal of 80%or greater) • Risk Identification 2(current resources would not be adequate to supply service) • Accessibility Meets all required access,road widths and turnarounds • Special/resource needs None(will not require an aerial device) • Water Supply 1,000 gallons/minute for one hour • Other Resources Police Service No comments submitted West Ada School District No comments submitted Wastewater • Distance to Sewer Services 0-feet • Sewer Shed North Black Cat • Estimated Project Sewer 75 ERU's • WRRF Declining Balance 13.82 Page 2 Meridian City Council Meeting Agenda March 24,2020— Page 236 of 323 Description Details Page • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Slope needs to be 5%or less •Common Driveway at east end of line C needs an additional manhole to ensure sewer tie-in is not less than 90 degrees. Water • Distance to Water Services 0-feet • Pressure Zone 4 • Estimated Project Water 75 ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns 1. Waterlines size not shown.Modeled as 8"throughout prof ect. 2. As currently designed,the water main in the northwest corner will not extend/connect to the northern development.As such,this design does not meet fire flow requirements and the water main must have a second connection to meet minimum fire flows. 3. As currently designed,the static pressure for the southern portion of the development does not meet the requirement of 55 psi.A portion of the property needs to be located in Zone 5 in order to achieve the required pressure.Applicant to coordinate with Engineering to ensure proper pressure and to make sure reconfiguration does not cause dead-end lines. 4. No mainlines in common driveways.Water service lines only. 5. Hydrant needed at the east end of E.Brace Street. Page 3 Meridian City Council Meeting Agenda March 24,2020— Page 237 of 323 C. Project Area Maps Future Land Use Maap---� Aerial Map (fLegend Low,De o fLegend 0 Project Lcca-iar Reside11 i Project Lucafi4r, - Pjr, i 4 IU Resl gyp;`�'I�.I8i - - �* ice"rld r aW++&_ Med_H igh Density • silientlal� Zoning Map Planned Development Map Legend RUT NO let Legend I� I ff ff I Projeat Laca�iarr � �Project Lacafiarr � R R f C —City Unniik g% R70Planned Parcels r i ■ RUT R-15 i I I I R-5 __ R-4 R- 45 yr X I III. APPLICANT INFORMATION A. Applicant: Todd Tucker,HHS Construction, LLC—729 S. Bridgeway Place,Eagle, ID 83616 B. Owner: Donald Cantrell—PO Box 5099,Boise,ID 83705 C. Representative: Scott Wonders,J-U-B Engineers,250 S. Beechwood Ave., Boise, ID 83709 Page 4 Meridian City Council Meeting Agenda March 24,2020— Page 238 of 323 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification 1/17/2020 (not required for published 12/13/2019 312412020 hearing) Radius notification mailed to property owners within 300 feet 12/10/2019 1/14/2020; 3/12/2020 Public hearing notice sign posted on site 12/17/2019 1/16/2020; 3/12/2020 Nextdoor posting 12/10/2019 1/14/2020; 3/12/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.or /g compplan) Low Density Residential(LDR): The purpose of this designation is to 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 3 dwelling units or less per acre. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): • "Provide for a wide diversity of housing types(single-family, modular,mobile homes and multi-family arrangements)and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development."(3.07.03B) The proposed single-family detached homes will contribute to the diversity in housing types in the City. Staff is unaware if the proposed units will be owner occupied or rental units. • "Provide housing options close to employment and shopping centers."(3.07.02D) The proposed development is approximately 2.5 miles away from employment areas along Overland Rd. to the north; the project is not in close proximity to shopping centers. • "Require open space areas within all development."(6.01.01A) Qualified open space is required to be provided in accord with the standards listed in UDC 11-3G-3.As proposed, the proposed qualified open space exceeds the minimum standards. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.01F) Urban services can be provided and this development is contiguous to the City. • "Restrict private curb cuts and access points on collectors and arterial streets."(3.06.02D); Access is proposed via the extension of internal local streets from Sky Mesa Subdivision from the north; no access is proposed via Eagle Rd., the arterial street. • "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) There are no pedestrian connections proposed from the adjacent developments to the north and west to this property; a couple of pedestrian connections are proposed to the properties to the south across Lot 10, Block 1. The proposed land use (i.e. single-family residential) and density(i.e. 2.45 units per acre gross)is consistent with the Comprehensive Plan. The Applicant should comply with UDC standards related to the provisions in the Comprehensive Plan as noted in Section VIII of the staff report. Page 5 Meridian City Council Meeting Agenda March 24,2020— Page 239 of 323 C. Existing Structures/Site Improvements: There is one (1)existing home and three(3) accessory structures on this site that are proposed to remain on Lot 29,Block 1;this property is included in the boundary of the annexation and subdivision because it cannot be verified as an original parcel of record.No changes are proposed to this property; access is proposed to remain the same (via S. Eagle Rd.). The configuration of the lot should be designed so that all structures comply with the minimum dimensional standards/setbacks listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Proposed Use Analysis: Single-family residential detached homes are proposed within this development and are allowed as a principal permitted use in the R-4 zoning district per UDC Table 11-2A-2. The proposed lots average in size at 11,000 square feet with a minimum lot size of 8,000 square feet(s.f.);the majority of lots are 65 feet wide consistent with lots located in other phases of Sky Mesa development to the north. The plat is not-proposed to be developed in two(2)phase'ds. E. Specific Use Standards (UDC 11-4-3): Not Applicable F. Dimensional Standards(UDC 11-2): Development is required to comply with the dimensional standards for the R-4 district listed in UDC Table 11-2A-5. G. Access(UDC 11-3A-3, I1-3H-4): Access is proposed via internal local streets(S. Cubola Way and S. Pioneer Trail Way) extended from the north from Sky Mesa Subdivision;no access is proposed via S. Eagle Rd. except for the existing home proposed to remain on Lot 29,Block 1 which is proposing to retain their access until such time as the property redevelops—at that time,access will be taken internally from within the subdivision. The western access from the north(S. Pioneer Trail Way)was not previously planned on the approved preliminary plat for Sky Mesa;the Applicant has submitted a concept plan showing how access will be provided from the north,which should be vetted through ACHD (see Section VII.B). The UDC(11-3A-3A.3)requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial street such as S. Eagle Rd.; therefore, Staff recommends the existing driveway access via S.Eagle Rd. on Lot 29,Block 1 is removed and access is provided internally in accord with UDC 11-3A-3A.3,unless otherwise waived by City Council.An access easement is depicted on the plat over Lot 30,Block 1, a common lot, for future access to this lot upon redevelopment. The development to the west did not provide a stub street to this property; no stub streets are proposed to the south because of the steep slopes in that area. Two(2)common driveways are proposed on Lots 8 and 16,Block 1; common driveways are required to comply with the standards listed in UDC 11-6C-3D. H. Parking(UDC 11-3C): Off-street parking is required for single-family detached dwellings as set forth in UDC Table 1I- 3C-6. Guest parking can be accommodated on both sides of local streets. Page 6 Meridian City Council Meeting Agenda March 24,2020— Page 240 of 323 I. Pathways (UDC 11-3A-8): There are no multi-use pathways required on this site per the Pathways Master Plan. However, there are 675+/-linear feet of pathways proposed as amenities in the common areas on Lot 14, Block 3 and Lot 10,Block 1. J. Sidewalks(UDC 11-3A-17): Sidewalk are required to be provided with development as set forth in UDC 11-3A-17. A 5-foot wide detached sidewalk is proposed along S. Eagle Rd. and a 7-foot wide detached sidewalk is proposed along E. Lake Hazel Rd. Detached sidewalks are proposed along internal local streets. The sidewalk is not proposed to extend across Lot 29,Block 1 where the existing home is to remain; Staff recommends the sidewalk is extended across the frontage of this lot with development as required by UDC 11-3A-17 for safe pedestrian access along Eagle Rd. K. Parkways (UDC 11-3A-17): Parkways are proposed along all internal local streets with landscaping per the standards listed in UDC 11-313-7C. L. Landscaping(UDC 11-3B): Landscaping is required to be provided with development as set forth in UDC Table 11-2A-5 and 11-313 and 11-3G-3E. A minimum 25-foot wide street buffer is required along S. Eagle Rd. and E. Lake Hazel Rd. per UDC Table 11-2A-5, landscaped per the standards listed in UDC 11-3B-7C. The street buffer should be extended along the frontage of Lot 29,Block 1 where the existing home is to remain in a common lot as required by UDC 11-3B-7C.2a.If the unimproved street right of way is ten feet(10')or greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a ten foot(10')compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-3B-7C.5a. Landscaping is required along all pathways in accord with the standards listed in UDC 11- 3B-12C; a minimum of 1 tree is required per 100 linear feet of pathway—the landscape plan should be revised accordingly to include landscaping along the pathways in Lot 14, Block 3 and Lot 10,Block 1. The Landscape Requirements table should also include calculations for the linear feet of pathways proposed and the number of trees required and proposed. Landscaping is required within all common areas per the standards in UDC 11-3G-3E(i.e. one deciduous shade tree per 8,000 square feet and lawn, either seed or sod); the landscape plan should be revised accordingly to include landscaping in Lot 14,Block 3 and Lot 10, Block 1 in accord with this requirement; calculations should also be included in the Landscape Requirements table demonstrating compliance. M. Qualified Open Space (UDC 11-3G): A minimum of 10% qualified open space is required to be provided for this development per UDC 11-3G-3A. A qualified open space exhibit is included in Section VII.D that depicts a total of 6.55 acres(or 21%) of qualified open space consisting of half the street buffer along Eagle Rd. and E. Lake Hazel Rd., 8' wide parkways along internal local streets and common areas over 50' x 100' in area in excess of UDC standards. A large part of the common area includes two areas with significant slopes that are proposed to be landscaped in accord with the standards listed in UDC 11-3G-3E.2. Page 7 Meridian City Council Meeting Agenda March 24,2020— Page 241 of 323 N. Qualified Site Amenities (UDC 11-3G): A minimum of one(1) site amenity is required to be provided for this development per UDC 11- 3G-3A.2 that meets the standards set forth in UDC 11-3G-3C. Approximately 675 linear feet of pedestrian pathways are proposed; however,they do not count as a"qualified"amenity because they do not connect to an existing or planned pedestrian or bicycle route outside the development as designated on the Pathways Master Plan per UDC 11- 3G-3C.3. This development is proposed to be included in the Sky Mesa Homeowner's Association and will be granted access to all amenities in that development consisting of(2) swimming pools and clubhouses, sports fields(i.e.ball field,basketball court),walking paths,playground structure and a swing set. The distance to these amenities range from 950-2,400 feet away from the northwest corner of this development(see exhibit in Section VII.D). Because this will essentially be another phase of Sky Mesa and amenities were provided above the minimum standards for that development, Staff is amenable to the Applicant's request. O. Waterways(UDC 11-3A-6): The Grimmett Lateral runs along the west and north boundaries of the site within a 30-foot wide irrigation easement that is proposed to remain open on the west side and be piped on the north side; along the west boundary,this easement lies approximately 17 feet off the property line resulting in a 47'+/-encroachment/building setback for affected lots.Fencing is proposed along the east side of the easement line within building lots resulting in a very large area that will be unusable for homeowner's of these lots that they will have to pay taxes on, although it may provide an amenity of sorts with wildlife.Note: When East Ridge Estates Subdivision was approved on the adjacent property to the west in 2017, Council approved a waiver for the easement to be located within adjacent building lots which resulted in a 45 foot wide building setback for adjacent building lots. The UDC (11-3A-6E) requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area,unless modified by City Council at a public hearing; the Applicant requests approval of a waiver to this requirement to allow the easement to be located within adjacent building lots.If Council does not approve the waiver,the easement should be placed in common lots. The UDC (11-3A-6B) requires all laterals to be piped unless used as a water amenity or linear open space as defined in UDC 11-1A-1; the Applicant requests Council approval of a waiver to this requirement to leave the Grimmett Lateral open. Council may grant a waiver if it finds the public purpose requiring such will not be served and public safety can be preserved.If Council does not approve the requested waiver,the lateral should be piped. P. Fencing(UDC 11-3A-6, 11-3A-7): Fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7. Fencing is depicted on the landscape plan as follows: 6' open vision black tube steel is proposed along the canal easement at the west and north boundaries; a 6' tall closed vision vinyl fence is proposed at the back edge of the street buffer along S.Eagle Rd. and along the rear and sides of building lots abutting common areas along local streets; a 4' tall open vision black tube steel fence is proposed adjacent to other internal common areas. Q. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed via existing 8-inch water and sewer mains in Sky Mesa Commons subdivision at the north boundary of this site. Street lighting is Page 8 Meridian City Council Meeting Agenda March 24,2020— Page 242 of 323 required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressure irrigation will be provided by the Boise Project Board of Control via the existing Sky Mesa pressure irrigation system. The existing home is required to hook up to City water and sewer services at the developers expense within 60 calendar days of such services becoming available in accord with MCC 9-1-4 and 9-4-8.At such time,the septic tank should be abandoned and the well solely used for irrigation purposes. See Section VIII.B below for Public Works comments/conditions. R. Storm Drainage (UDC 11-3A-18) An adequate storm drainage system is required to be provided in this development in accord with the City's adopted standards, specifications and ordinances; design and construction is required to follow Best Management Practices as adopted by the City. Storm drainage is proposed to be mitigated by detention/retention ponds and/or underground seepage bed disposal in accord with ACHD design criteria. A master grading and drainage plan is required to be submitted with the final plat application. S. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted that demonstrate the architecture and building materials for single and 2-story structures proposed within the development that include a mix of materials and colors with stone veneer wainscot(see Section VII.F). Because all of the proposed units are detached,they are not subject to design review. VI. DECISION A. Staff: Staff recommends approval of the proposed AZ and PP applications with the requirement of a Development Agreement per the comments and conditions in Section VIII and the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on January 2, 2020. 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: Todd Tucker,Applicant's Representative; Travis Hunter,Applicant b. In opposition:None C. Commenting: Sherrie Ewing d. Written testimony: Rick Thurber,Todd Tucker e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) testimony a. Mr. Thurber requests the proposed irrigationystem,which will replace the current one, has at least 60 psi to operate his sprinkler system, instead of the 52 psi proposed; and that homes constructed on lots directly north of his property be restricted to a single- story in height so as not to obstruct his views and similarly,trees that are planted be of a variety they won't grow tall to obstruct his views. Page 9 Meridian City Council Meeting Agenda March 24,2020— Page 243 of 323 b. Ms. Ewing requested information on who will maintain their irrigation system; what We of landscaping will be installed along south boundary of development adjacent to her home; and how many feet from her back fence line to the road that is proposed below the hill from them. c. The Applicant responded to the aforementioned issues as follows: 1)the purchase and sale agreements of homes adjacent to the street at the southern boundary of the development will have a scenic easement restrictingthe he height/roofs of those homes to at least 5' below the ,ground elevation of Mr. Cantrell's property,which is roughly the same height as the other lots adjacent to him to the east and west,to protect views; 2) landscaping in the common area along the southern boundary of the site will consist of a dry land seed mix and will contain trees in accord with UDC standards(1 per 8,000 square feet)that will be planted at the base/bottom of the slope so as not to interfere with views; 3)the Developer agrees es to provide an irrigation System with at least 60 psi as requested; 4)the distance from the back of the homes along Lake Hazel to the street(i.e. slope) along the southern boundary of this development is approximately 60 feet,which with ROW(50')is approximately 110' to the homes. 3. Ke, ids)of discussion by Commission: a. Implications on adjacent buildable lots if the Grimmett Lateral is allowed to remain open(or be piped) in an easement on buildable lots vs.being placed in a common lot and improved as a water amenity(or being pipedh b. Future redevelopment(and access)of the lot where the existing home is proposed to remain; C. Continuance of the pathway in the central common area to the street on the west end; d. The Applicant's request to remove the pathway from the central common area— Commission likes the pathway and wants it to remain; e. Type of fencing adjacent to the central common area/pathway on Lot 14, Block 3. f. The retention of the existing access via Eagle Rd. for the existinghome ome proposed to remain. 4. Commission change(s)to Staff recommendation: a. In response to the Applicant's request to remove the pathway in the central common area on Lot 14,Block 3,the Commission wants the pathway to remain and at a minimum extend from the east to the cul-de-sac on S. Burgo Pl. as recommended by Staff(no change necessary to conditions); b. The Commission directed the Applicant to work with Staff on the type of fencingto o be constructed adjacent to the common area on Lot 14,Block 3 —Staff met with the Applicant and 4' solid fencing with 2' open vision at the top is proposed in accord with UDC standards. c. The Commission directed the Applicant to work with ACHD and the Fire Dept.to resolve concerns with traffic and secondary accesses and phasing—a revised phasing plan was submitted which depicts a secondsr emergency access that has been approved by the Fire Dept. (see Section VILB)(no change to conditions) d. The Commission recommends Council not require the Grimmett Lateral to be piped as requested by the Applicant(condition#A.8 in Section VIII); and that the Applicant work with Staff and the Irrigation District on landscaping possibilities or potential water features there. The Applicant contacted the Irrigation District and the only landscaping they'll allow within the easement is grass. e. Include a DA provision requiring a scenic easement for homes on Lots 15-27,Block 3 to be 5' below the ground elevation of Mr. Cantrell's and neighboring homes adjacent Page 10 Meridian City Council Meeting Agenda March 24,2020— Page 244 of 323 to the southern boundary of the site on Lake Hazel Rd. (see DA provision#A.1 e in Section VIII and Line of Site exhibit in Section VII.F), f. Include a new condition for trees planted within the common lot on Lot 10,Block 1 to be planted at the base of the slope(see condition#A.31 in Section VIII). f. Include a DA provision requiringan n irrigation system with at least 60 psi for the property owners to the south along Lake Hazel Rd. (see DA provision#A.1d in Section VIII . 5. Outstandingissue(s)ssue(s) for City Council: a. The Applicant requests a Council waiver to UDC 11-3A-6B.3,which requires the waterway along the west boundary of the site to be piped unless used as a water amenity or linear open space as defined in UDC 11-1A-1,to leave the waterway open. Council may grant a waiver if it finds the public purpose requiring such will not be served and public safety can be preserved. The Commission recommends Council approve the Applicant's request for a waiver. (Condition#A.8 in Section VIII) b. The Applicant requests a Council waiver to UDC 11-3A-6E,which requires irri ag tion easements wider than 10 feet to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area unless modified by City Council at a public hearing;the Applicant requests approval for the easement for the Grimmett Lateral located along the north&west boundaries of the site to be located within adjacent building lots rather than in common lots.If Council does not approve the waiver, the easements should be placed in common lots. (Conditions#A.2g and A.3i in Section VIII) c. The Applicant requests Council approval of a waiver to UDC 11-3A-3A.3,which requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial street(i.e. EagleRd.),to allow the driveway access via Eagle Rd. for the existing home on Lot 29,Block 1 to remain until such time as the property redevelops. At that time access would be provided internally from within the subdivision via a common driveway. Page 11 Meridian City Council Meeting Agenda March 24,2020— Page 245 of 323 VII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map ('J-u� J-U-BCOMPANIES THE MAMN4 OIIOYO INC. J•U•6 ENGINEERS,INC. SKY MESA HIGHLANDS SUBDIVISION CITY OF MERIDIAN ANNEXATION LEGAL DESCRIPTION That portion of the Southeast Quarter of the Southeast Quarter of Section 32,Township 3 North,Range 1 East,Boise Meridian,Ada County,Idaho,particularly described as follows: BEGINNING at thesoutheast cornerof said Section 32,Township 3 North, Range 1 East, Boise Meridian, from which the south quarter corner of said Section 32 bears North 89°56'45"West,2,659.18 feet; Thence N 89'56'45"W,275.07 feet along the south line of said Section 32; Thence N 00°03'15"E,40.00 feet to the northerly right-of-way line of East Lake Hazel Road and the southerly line of Lot i in Block 1 of Diamond Ridge Estates Subdivision according to the official plat thereof filed in Book 71 of Plats at Pages 7308-7309,Ada County Records; Thence along the southerly line of said Lot 1 the following twelve(12)courses: 1) N 00°03'15"E,109.46 feet; 2) N 68°00'17"W,288.92 feet; 3) N 69°22'09"W,74.72 feet; 4) S 86"16'08"W,79.22 feet; 5) N 63°20'D9"W,24.81 feet; 6) N 45-18'10"W,20.07 feet; 7) N 45°23'D7"W,105.37 feet; 8) N 36'35'591'W,199.55 feet; 9) N 75-4648"W,61.61 feet; 10) S 75"D4'22"W,88.17 feet; 11) S 44-58'11"W,89.60 feet; 12) N 89°50'51"W,197.33 feet tD the west line of said Southeast Quarter of the Southeast Quarter; Thence N 00°13'08"E,8 74.3 1 feet along said west I ine to the northwest corner of said Southeast Quarter of the Southeast Quarter; Thence 5 89°48'42"E,1,329.75 feet along the north I ine of said Southeast Quarter of the Southeast Quarter to the east line of said Section 32; Thence S 00°13'37"W,1,339.07 feet along said east line to 1p 5 $� the POINT OF BEGINNING,containing31.96 acres,more or less. END DESCRIPTION O 0 This description was prepared by me or under my supervision. If any O 9P Of�D O portion of this description is modified or removed without the written L. ICAO' consent of Robert L. Kazarinoff,PLS,all professional liability associated with this document is hereby declared null and void. 11120/2019 Page 1 of 1 a 250 S.Beechwood Avenue,Suite 201,Borse,I❑83709 p 208-376-7330 x www.lu b.com Page 12 Meridian City Council Meeting Agenda March 24,2020— Page 246 of 323 a �' Np pl) r-) 0 400 800 11/20/2019 Scale in Feet Line Table Line # Direction Length L' N89'56'45'W 275.07' L2 N0903'15"E 40,00' L3 NO0'03'15"E 109.45' a L4 N68.0O'l7"W 288.92' S89'48'42"E 1329.75' L5 N69'22'09"W 74.72' 7 L5 sa5'16'O8"W 79,22' °0 SE 1 /4 of the L7 N63'2D'49"W 24.81' w SE 1 /4 of o L8 N45'18'10"W 20,07' p n Section 32 L9 N45'23'07"W 105.37' L10 N36'35'59"W 199.55' Q L11 z L11 N75'46'48"W 61.61' L14 L12 575'O4'22"W 88.17' L13 ip �9 L7 L13 S44'58'11"W 89.60' L$ 0 Ll a N89'50'51"W 197,33' L8 L6 Northerly L2 52 Right—of—Way Line�� L132 33 J 5 E. Lake Hazel Road 5 4 N89'56'45'W 2659.18' nPo�Eo��k� � ■ Sky Mesa Highlands Subdivision SHEET A4PH ilYs'RMFffr CF PROFP99KYWL B T!E PACPERTYOF City of Meridian Annexation ' FCR wh�'NFRPfiU3CT WrIWrT1E E}PRF98YIIfrrEN BY WIt Porlion of the Southeasl Quarter of the Southeast Quarter of Section 32 1 of 1 u�errxrfrts rxc. Township 3 North,Range : East,Boise Meridian,Idaho no rsvrsion oeacRrmar sr m onre usr Page 13 Meridian City Council Meeting Agenda March 24,2020— Page 247 of 323 B. Preliminary Plat(date: 10/22/2019),Phasing Plan&Conceptual Plans PRELIMINARY PLAT FOR SKY MESA HIGHLANDS SUBDIVISION SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER SECTION 32. SHEET INDEX TOWNSHIP NORTH,RANGE 1 EAST,8015E MERIDIAN MERIDIAN,IDAHO 2019 a8 m ]¢Mina's PROJf4l\ 2 w �.} �ku,F `-r LIAREWN i ��0 NCHTV NM NUN- tE9ENtl """M1A°°°' — T — — -- - - -- -- -- -- - -- -- - -- - - --- c- -- - - -- � + — � omx+w,xwn mwmo E gq Ma � � wrv,ox amw•u rt,wnnm w wmwm,r�n �gq i E S I Y� u l p , s I II �- - --- P-03 -- � -------- - I � — Q FLL } — — — _________ � • ' I a i.lANO115E SUNNMY M��.:_ N.SURVEYOR OWNFR ¢Z I MMI 'yYf t 1° ,4 x , min wrs.. uis -- aY.+xza-ate— =W G DEVELOPER 4� m _ NI52]'0]W` 1fi x oAuas.i.�l OIYR ENGINEERa[mc,Eo, aw-onbn, Vim! O a��v \ I i � �`—macaw�+.,:�--- -'�'°.Ex — — — — - — — — — — — — — — — — — — — --- — �' ♦r — — - ..,,..��, PP 01 PHASE R F PHASE A TEMPORARY 5ECONDARY ACCESS ROAD 20'ALL WEATHER SURFACE r i Page 14 Meridian City Council Meeting Agenda March 24,2020— Page 248 of 323 \ --. - ' It I J �.-_ _ mm I w , » 9wg» �c it z e - -' - - - - w a� IYPICMBParr l mwiux eumw y TY�ICw1 d6'STREETSECiION E..IM�9HPZELROPp SECTION �p� --�9—�owmg°nun - ��•-` PP-02 u L a , Pro --w - — P i 4 — Jim p. . o I a ow i I wee¢ — - --_ a I z2 i�i io I I cs— � I I w x I � s. Cuazo — — W 3 s Page 15 Meridian City Council Meeting Agenda March 24,2020— Page 249 of 323 Revised concept plat for adjacent property to the north(Sky Mesa) showing access to the subject property y 4 5887 2821 2843 2865 2887 2909 2931 2953 2975 W I I 1 1 2 3 4 5 5890 19 o 11 6 7 8 , I BLOCK 4 ' 5 ssos — — — — - — W _,�, - - -- -- -- 5906 20 i 8 I.nlm 8 I a 20 8 19 R 18 6 17 8 16 9 15 8 14 13 8 12 \ — =___— `===a_-- ____—� o 3 +I I° SPACE o B I 33# Irg � 11 III I�' 1 k \ \ 4\ 5 �p 6 _ 7 8 0 9 a R II � L(COMMON T - ----- ---- - LOT MI%TOTAL s5 ]5 01 ° �HMsil _..svxx°cnlal me-emxwKarl x°xv mwx msnew°cxlssl as aeoi SKY MES4 ns[a 130ISE HUNTER m u.a HOMES Conceptual redevelopment plan for Lot 29,Block 1 NEW COMMON CT WITH COMMON DRIVEWAY LOT 1 i0910 aq h Cw � L6i2 iogalcq_re. I 0 50 100 -_ SCALE IN FEET BOLLARDS RO'WIDE EMERGENCY VEHICLE ACCESS Page 16 Meridian City Council Meeting Agenda March 24,2020— Page 250 of 323 C. Landscape Plan(date: 10/22/2019)& Site Amenities in Sky Mesa Subdivision -CAPE NOTES: w...nw.xi.:. E�.e..w&...�...,»ta,�....® ...o,�..,.e.....a ...a.E....... ..o ruFnrrwuuuu..mamwmssmrw.wcwnw.wrwumrcvae mvnwaamwaE Ewuuunxumua - •" •• - ,.7 717.111.17m _ _ „° GR RocK up n1 DALL ANU DURIAP TREE PLANFING 2 SHRUD RLANTING "- "'- „�,,,,, .... .. .. -.. ....... :.. � Deese wmwmu rarsnw " .®...m.e:.oc..a..m.®..�o. - ,. Me......_ ..« .....m.m..ma.m..a..... •6"�.�ey. POOL AMENITY PROXIMITY&VISUAL LANDSCAPE REQUIREMENTS: I I �3'..T'OPEN VISION FENCE 4 6.w CLOSED VISION FENCE J .k Q Z LANDSCAPE OVERVIEW: >W = AREA1 ARFA2 nvs � w.w®u�mn w o- AREAS ' AREA PLAN (51 GONGRETE SIDEWALKS AEM LANOINGI2 �e ® ��1i OVERVIEW 9 I a L100 AMENITIES LOT 2 AMENITIES LOT 1 ' NSWIMMING POOL SWIMMING POOL '' CLUB HOUSE CLUB HOUSE 1 BALL FIELD BASKETBALL COURT PLAYGROUND �� ► _ BALL FIELD 2 SWING SET �44 Or DISTANCE TO AMENITY LOT 2 , 2,400 FEET DISTANCE TO AMENITY LOT 1 •3��IA �E 960 FEET SKY MESA HIGHLANDS Page 17 Meridian City Council Meeting Agenda March 24,2020— Page 251 of 323 F T3^F EDUL ____ _ __ __ ---— [ (C ___ _.___ ___________ _____.________ ___ SfAi AO III I ....-.............n........ .we r. _--____ p LLYD_^-CAPE ...--.lui VN. -'Fr Ll ..um w...a 10 1 LANDSCAPE REQUIREMENTS- - zp v'�'mvli �.........-. sa,ecwwnvlem me m m 4 a.m�c.e„ee o.e tro��e� cirwvu.crarax�rwn eiom.rwureaaemac�n -- ❑ LFYC�_^^-^AP LANDSCAPE mEE rEn aoco ar FLFV AREA i _ AR-A2 KIN•aoa �.�orws�•e=..yrww�r, ,ap�xE[el a,m.ahn '� Twxncon s .wow __'_ m,ucw�o,.rluimiors.z m.rw -� LAIJCSCAPE PL4N DVERVIEW Page 18 Meridian City Council Meeting Agenda March 24,2020— Page 252 of 323 D. Qualified Open Space Exhibit(Revised) 1.31 11 115 5F 9W7 SF I _ _ I I I SC/LF u iEFT I I 5.7E AC. QUALIFIED 1149e sF OPEN SPACE HALF OF 0.85 AC. BUFFER = 0.42 AC 1 I 6.55 AC.TOTAL 67851 5F QUALIFIED OPEN SPACE, I 69885 SF -� 7.02 AC.PARKWAY I 1 1 SKY MESA HEIGHTS SUBDIVISION MERIDIAN,IDAHO 0�ffi EC OPEN SPACE Exn+BIT Page 19 Meridian City Council Meeting Agenda March 24,2020— Page 253 of 323 F. Line of Site Exhibit for Lots 15-27,Block 3 PROPERTY LINE 40'f 135't LINE OF SIGHT LINE OF SIGHT Raw. HYPER DR. EXISTING ROUSE--PAD �76� EXISTING HOUSE PAD o ELEVATION �2760 EXISTING GROUND i 2©' I PROPOSED GRADED PROPOSED PAD 2 :1 MAX SLOPE ELEVATION -2730 PROPOSED GROUND 2:1 SLOPE Bom HUNTER SKY MESA HIGHLANDS LINE DE SITE EXHIBIT HOMES VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING L 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,future redevelopment plan and conceptual building elevations included in Section VII and the provisions contained herein. b. The existing home proposed to remain on Lot 29, Block 1 shall hook up to City water and sewer services at the developers expense within 60 calendar days of such services becoming available in accord with MCC 9-1-4 and 9-4-8. At such Page 21 Meridian City Council Meeting Agenda March 24,2020— Page 255 of 323 time,the septic tank shall be abandoned and the well solely used for irrigation purposes. c. The CC&R's for Sky Mesa Subdivision shall allow for this development to use their common area and site amenities; a revised copy of the recorded CC&R's demonstrating compliance with this provision shall be submitted with the final plat application. d. The irrigation system provided for the development shall have at least 60 psi to accommodate the property owners to the south along Lake Hazel Rd. e. A scenic easement shall be recorded on Lots 15-27,Block 3 for homes to be five feet(5') below the ground elevation of Mr. Cantrell's (#R1835500400)and neighboring homes adjacent to the southern boundary of the site on Lake Hazel Rd.A copy of the easement shall be submitted to the Planning Division prior to signature on the first phase final plat by the City Engineer. 2. The preliminary plat included in Section VII.B, dated 10/22/2019, shall be revised prior to the City Council hearing as follows: a. Remove the existing driveway access via S. Eagle Rd. on Lot 29,Block 1 where the existing home is to remain in accord with UDC 11-3A-3A.3, unless otherwise waived by City Council.If access via Eagle Rd isn't approved, access should be provided via a common driveway as depicted on the conceptual redevelopmentplan in Section VILB. b. Extend the detached sidewalk along S. Eagle Rd. across Lot 29,Block 1 where the existing home is to remain in accord with UDC 11-3A-17. c. Extend the minimum 25-foot wide street buffer along S. Eagle Rd. across the frontage of Lot 29,Block 1 in a common lot as set forth in UDC Table 11-2A-5 and 11-3B-7C.2a. d. Lot 29,Block 1 is required to have street frontage on a public street(30' flag or 60') or on a common driveway,which doesn't require frontage per UDC 11-2A-3B and Table 11-2A-5. e. Include a minimum 15-foot wide common lot for a micro-path and landscaping at the end of the S. Burgo Pl. cul-de-sac connecting to Lot 14,Block 3. f. The existing home and accessory structures proposed to remain on Lot 29,Block 1 shall comply with the minimum dimensional standards listed in UDC Table 11-2A-5 for the R- 4 zoning district;make any revisions to the lot configuration necessary for compliance. g. The irrigation easements depicted along the west and north property boundaries shall be included in common lots outside of a fenced area, unless otherwise modified by City Council per UDC 11-3A-6E. 3. The landscape plan included in Section VII.C, dated 10/22/2019, shall be revised prior to the City Council hearing as follows: a. Remove the existing driveway access via S.Eagle Rd. on Lot 29,Block 1 where the existing home is to remain in accord with UDC 11-3A-3A.3,unless otherwise waived by City Council. b. Extend the detached sidewalk along S. Eagle Rd. across Lot 29, Block 1 where the existing home is to remain in accord with UDC 11-3A-17. Page 22 Meridian City Council Meeting Agenda March 24,2020— Page 256 of 323 c. Extend the minimum 25-foot wide street buffer along S. Eagle Rd. across the frontage of Lot 29, Block 1 in accord with UDC Table 11-2A-5 in a common lot; depict landscaping within the buffer as set forth in UDC 11-3B-7C. d. Include the width of the street buffer proposed along S. Eagle Rd. and E. Lake Hazel Rd. in the Landscape Requirements table(minimum 25-feet wide). e. Include a minimum 15-foot wide common lot with a minimum 5-foot wide micro-path and landscaping on either side per the standards listed in UDC 11-313-12C at the end of the S. Burgo Pl. cul-de-sac connecting to Lot 14,Block 3. f. Correct"Block 1 Lot 50"in the Landscape Requirements table to read"Block 1 Lot 49". g. Depict landscaping along the pathways in Lot 14,Block 3 and Lot 10,Block 1 in accord with the standards listed in UDC 11-3B-12C; include calculations in the Landscape Requirements table for the linear feet of pathways proposed and the number of trees required and proposed that demonstrate compliance. h. Depict landscaping within the common areas on Lot 14,Block 3 and Lot 10,Block 1 in accord with the standards listed in UDC 11-3G-3E.2 (i.e. one deciduous shade tree per 8,000 square feet and lawn,either seed or sod); also include calculations demonstrating compliance in the Landscape Requirements table. i. If topography allows, extend the pathway on Lot 14,Block 3 out to the sidewalk along Pioneer Trail Way. j. The irrigation easements depicted along the west and north property boundaries shall be included in common lots outside of a fenced area, unless otherwise modified by City Council per UDC 11-3A-6E. k. If the unimproved street right of way is ten feet(10') or greater from the edge of pavement to edge of sidewalk or property line, a ten foot(10')compacted shoulder meeting the construction standards of the transportation authority with the remainder landscaped with lawn or other vegetative ground cover shall be depicted as set forth in UDC 11-313-7C.5a. 1. Trees planted within the common lot on Lot 10,Block 1 shall be planted at the base of the slope and depicted accordingly on the plan. 4. All common driveways shall comply with the standards listed in UDC 11-6C-3D. 5. For lots accessed by common driveways, an exhibit shall be submitted with the final plat application that depicts the setbacks, fencing,building envelope and orientation of the lots and structures as set forth in UDC 11-6C-3D. Driveways for abutting properties that aren't taking access from the common driveway(s) shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 6. A perpetual ingress/egress easement for the common driveways on Lots 8 and 16,Block 1 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 in accord with UDC 11-6C-3D.8. A copy of said easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 7. Provide address signage for homes accessed by the common driveways on Lots 8 and 16, Block 1 at the public street for emergency wayfinding purposes. Page 23 Meridian City Council Meeting Agenda March 24,2020— Page 257 of 323 8. The Grimmett Lateral that lies along the west and north boundaries of the site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. The Applicant requests a waiver to this requirement to allow the lateral along the west boundary of the site to remain open;the lateral on the north side of the site is proposed to be piped. Council may grant a waiver if it finds the public purpose requiring such will not be served and public safety can be preserved. The Commission recommends Council approve the Applicant's request for a waiver. 9. A master grading and drainage plan is required to be submitted with the final plat application. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1. Waterlines sizes are not shown. Conceptually modeled as 8" throughout project. 1.2. As currently designed,the water main in the northwest corner will not extend/connect to the northern development. As such,this design does not meet fire flow requirements and the water main must have a second connection to meet minimum fire flows. 1.3. As the water system is currently designed,the static pressure for the southern portion of the development does not meet the requirement of 55 psi. A portion of the property needs to be located in Zone 5 in order to achieve the required pressure. Applicant to coordinate with Engineering to ensure proper pressure and to make sure reconfiguration does not cause dead-end lines. 1.4. No water mainlines in common driveways. Water service lines only. 1.5. Fire Hydrant needed at the east end of E. Brace Street. 1.6 Sanitary sewer slope needs to be 5%or less. 1.7 The common driveway at east end of sanitary sewer mainline C needs an additional manhole to ensure sewer tie-in is not less than 90 degrees. 1.8 Due to the elevation differentials in this development,the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department prior to signature on the final plat by the City Engineer. This plan shall establish,at a minimum; the finish floor elevation for each building lot,the finish grade elevations of the rear lot corners,the drainage patterns away from each building pad,the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2012 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. 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. Page 24 Meridian City Council Meeting Agenda March 24,2020— Page 258 of 323 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. Page 25 Meridian City Council Meeting Agenda March 24,2020— Page 259 of 323 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.meridianciV.orglWebLink8lDocView.aspx?id=179906 https://weblink.meridianciU.org WWebLinkIDocView.aspx?id=182684&dbid=0&repo=MeridianC hty Page 26 Meridian City Council Meeting Agenda March 24,2020— Page 260 of 323 https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=182750&dbid=0&repo=MeridianC iv D. POLICE DEPARTMENT h yp://weblink.meridiancity.org/weblink8/0/doc/181049/Pagel.aspx E. BOISE PROJECT BOARD OF CONTROL http://weblink.meridianciV.org/weblink8/browse.aspx F. CENTRAL DISTRICT HEALTH DEPARTMENT http://web link.meridiancity.oLv weblink8/0/doc/180514/Pa eg 1.aspx G. DEPARTMENT OF ENVIRONMENTAL QUALITY hgp://weblink.meridianciV.org/weblink8/0/doc/180404/Pagel.aspx H. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO hgp://weblink.meridianciU.org/weblink8/0/doc/180617/Pa eg 1.aspx I. ADA COUNTY HIGHWAY DISTRICT https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=184776&dbid=0&repo=MeridianC Lty 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 Commission finds the Applicant is proposing to annex and develop the subject property with 75 single-family residential units in the R-4 zoning district at a gross density of 2.45 units/acre consistent with the LDR FLUM 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 Commission finds the proposed map amendment and development complies with the purpose statement of the residential districts in that it will contribute toward the range of housing opportunities available within the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed low density residential uses should be compatible with adjacent existing and future residential development. Page 27 Meridian City Council Meeting Agenda March 24,2020— Page 261 of 323 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 City services are available to be provided to this development. The School District has not submitted comments on this application. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the City if the Applicant complies with the conditions in Section VIII. B. Preliminary Plat(UDC 11-613-6) 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 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 Commission 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; The Commission 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 Commission 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 Commission 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 Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 28 Meridian City Council Meeting Agenda March 24,2020— Page 262 of 323 CAE ��AN ITEM SHEET IDAHO Council Agenda Item -7.13. Presenter: Estimated Time for Presentation: 0 Title of Item - Item to be considered no earlier than 6:30 pm: Public Hearing for Allmon Subdivision (H-2019-0135) by Todd Campbell Construction, Inc., Located at 5885 & 5875 N. Locust Grove Rd. Click Here for Application Materials Email comments to cityclerk@meridiancity.org Council Notes: ATTACHMENTS: Des Commission Recommendations Staff Report 3/20/2020 Planning and Zoning Minutes Minutes 2/24/2020 Applicant Response to Recommendations/Staff Report Backup Material 3/20/2020 REVIEWERS: Department Reviewer Action Clerk. Johnson, Chris Approved 3/20/2020 -4:07 PM Meridian City Council Meeting Agenda March 24,2020— Page 263 of 323 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 3/24/2020 Legend DATE: ��Project Lacfl�iar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner -- 208-884-5533 Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2019-0135 Allmon Subdivision f a LOCATION: 5885 & 5875 N. Locust Grove Rd. (Parcel#S0530142200 &#S0530142050;m NE 1/4 of Section 30,TAN.,RJE.) 1 I. PROJECT DESCRIPTION Annexation of 10.03 acres of land with an R-8 zoning district; and preliminary plat consisting of 50 building lots and 7 common lots on 9.91 acres of land in the R-8 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 9.91 Existing/Proposed Zoning RUT in Ada County(existing)/R-8(proposed) Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre) Existing Land Use(s) Single family residential(SFR)rural/agricultural Proposed Land Use(s) SFR Lots(#and type;bldg./common) 50 SFR buildable lots/7 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 50 detached SFR homes of units) Density(gross&net) 5.08 units/acre(gross);6.11 units/acre(net) Open Space(acres,total 1.62 acres(or 16.6%) [%]/buffer/qualified) Amenities Pathway,community garden Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 10/21/19;28 attendees attendees: Page 1 Meridian City Council Meeting Agenda March 24,2020- Page 264 of 323 Description Details Page History(previous approvals) None B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes(draft) • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access proposed via existing local stub streets from the Hwy/Local)(Existing and Proposed) north and south Traffic Level of Service N.Locust Grove Rd. -"F"(currently exceeds ACHD's acceptable level of service during PM peak hour) Stub Street/Interconnectivity/Cross Stub streets are proposed to be extended from the north and Access south;no access is proposed via N.Locust Grove Rd. Existing Road Network Local public streets Existing Arterial Sidewalks/ Existing detached sidewalk;no buffer Buffers Proposed Road Improvements Dedicate ROW to total 37' from centerline of Locust Grove&widen Locust Grove to a minimum of 17' from centerline+a 3'wide gravel shoulder. The Locust Grove&Chinden intersection is planned to be widened on the north&south legs in conjunction with the ITD project in 2020;Locust Grove is planned to be widened to 3-lanes from McMillan to Chinden between 2031-2035. Fire Service • Distance to Fire Station 1.6 miles • Fire Response Time 3:00 minutes(under ideal conditions from nearest station- Fire Station#3—can meet response time goals • Resource Reliability 82%-does meet the targeted goal of 80%or greater • Risk Identification 1 current resources would be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. • Special/resource needs Project will not require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service No comments submitted Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed North Slough Trunk Shed • Estimated Project Sewer 50 SFR buildings ERU's • WRRF Declining Balance 13.82 • Project Consistent with WW •Sanitary sewer service connections need to be a minimum Master Plan/Facility Plan of 5'from each other.There are at least two locations where this requirement is not met. •No sewer mainlines in common drives,only sewer services(reminder that a maximum of three services are Page 2 Meridian City Council Meeting Agenda March 24,2020— Page 265 of 323 Description Details Page allowed into a manhole,with a minimum 30-degrees of angle separation). Water • Distance to Water Services Directly adjacent • Pressure Zone 2 • Estimated Project Water 50 SFR building; 7 other lots ERU's • Water Quality None • Project Consistent with Water Yes Master Plan • Impacts/Concerns Terminate the water main at the cul-de-sac in E.Azan Street with a fire hydrant.Water services only in the common drives,not water mains. C. Project Area Maps Future Land Use Map Aerial Map Legendmk� () Legend , Pro}ec#Lacaion Proje�+Loca€arY ty ��{�� .,r YMY.Yf��r.re w. LJJ �aYwiii i1� i.��1Ri, rl+�l * •,FPy I� � l lu u• 'ru•; fio1 Low a n wit+ is , =�,'•,.A �GI•. *} ; F"�.M, �7k�YE. Resid ntial "• I,•R '•`�'� 44 4 i= ULK iT MUM E'��{y(�.YII ' t'11� tiH4.'. ..y�pEn�y'4 1:':`••.0 YI IY i 91v41rt E. Page 3 Meridian City Council Meeting Agenda March 24,2020— Page 266 of 323 Zoning Map Planned Development Map fd'z ap Mr i�a Legend Legend Pra}ect Lacan l I I �Peflject Laca�ian eR-i1= UT City Limitff�H tky��/� -� L- R-8 C; R-$ — Plonryed Parcels RUT � R R- =g R- R-. : . R- -- EN Z �� R T f milli L-0 R- UT MHA4. RUT III. APPLICANT INFORMATION A. Applicant: Todd Campbell Construction,Inc.—PO Box 140298,Boise, ID 83714 B. Owner: TBC Land Holding—PO Box 140298,Boise,ID 83714 C. Representative: Dean Waite,Todd Campbell Construction, Inc—PO Box 140298,Boise,ID 83714 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 1/31/2020 3/6/2020 newspaper Notification mailed to property owners within 300 feet 1/28/2020 3/3/2020 Applicant posted public hearing 2/4/2020 3/13/2020 notice on site Nextdoor posting 1/28/2020 3/3/2020 Page 4 Meridian City Council Meeting Agenda March 24,2020- Page 267 of 323 V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) (Note: This project was submitted prior to the new Comprehensive Plan being adopted; therefore, this project is being evaluated under the previous Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Medium Density Residential(MDR). The purpose of the MDR designation is to allow small 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 following Comprehensive Plan Policies are applicable to this development: • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities."(3.07.01E) The proposed detached homes will contributed to the variety of residential categories in the City;Staff is unaware how "affordable"the units will be. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0117) The abutting uses are also single-family residential which are compatible with the proposed development. • "Require common area in all subdivisions."(3.07.02F) The proposed plat depicts a total of 1.62 acres (or 16.6%) of qualified open space, which exceeds the minimum standards listed in UDC 11-3G-3 by 6.601o. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices." (3.07.01A) The proposed site design provides an average transition of 2:1 (2 proposed lots to every existing single lot). However, a 25 foot wide linear open space area is proposed along the north and south boundaries which assists in providing a transition and buffer to proposed homes. Additionally, the applicant is proposing single-level homes which should provide less of an impact on adjacent existing homes than would 2-story homes. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of existing local stub streets at the north and south boundaries of the site. Staff believes the proposed development plan is consistent with the vision of the Comprehensive Plan in regard to land use, density and transportation. Page 5 Meridian City Council Meeting Agenda March 24,2020— Page 268 of 323 VI. UNIFIED DEVELOPMENT CODE ANALYSIS (UDC) A. Annexation&Zoning: The proposed annexation of two(2)parcels and Locust Grove right-of-way consisting of 10.03 acres of land with R-8 zoning for the development of single-family homes is consistent with the Medium Density Residential(MDR)Future Land Use Map(FLUM)designation. The annexation area is an enclave surrounded by properties that have been previously annexed into the City and is within the Area of City Impact Boundary(AOCI).A legal description for the annexation area is included in Section VIII.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 VIIL The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. B. Preliminary Plat: The proposed plat consists of 50 single-family residential buildable lots and 7 common lots on 9.91 acres of land in the proposed R-8 zoning district. The minimum lot size proposed is 4,161 square feet(s.f.)with an average lot size of 4,692 s.f.; the gross density is 5.08 units/acre with a net density of 6.11 units/acre. The subdivision is proposed to develop in one phase. The demographic of the proposed development is anticipated to be retirees looking to downsize from larger homes; the Homeowner's Association(HOA)will maintain the landscaping for each of the homes within the subdivision. Existing Structures/Site Improvements: There are two(2)existing homes and accessory structures on the site that are proposed to be removed with development. All existing structures should be removed prior to signature on the final plat by the City Engineer. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district in UDC Table 11-2A-2. Dimensional Standards (UDC 11-2): R-8 district: (UDC Table 11-2A-6) The property sizes and street frontages of the proposed single-family lots and width of street buffers comply with the aforementioned minimum dimensional standards; future development should comply with the minimum building setbacks and maximum building height standards of the R-8 district. All of the proposed lots meets the minimum size and street frontage except for Lot 20,Block 2,which should have a minimum street frontage of 30 feet. Subdivision Design and Improvement Standards(UDC 11-6C-3) Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets, common driveways and block face. There are three(3)common driveways proposed; such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. An exhibit should be submitted with the final plat application that depicts the setbacks,fencing,building envelope,and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway Page 6 Meridian City Council Meeting Agenda March 24,2020— Page 269 of 323 but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway. Access(UDC 11-3A-31 Access is proposed via the extension of existing stub streets from the north(N. Starry Night Ave.) and south(E. Yucca Canyon St.)boundaries of the site; direct access via N. Locust Grove Rd. is not proposed or approved. Because all of the surrounding properties are developed and the Applicant is extending all existing stub streets,no other stub streets are necessary to be provided. A note should be placed on the face of the final plat prohibiting direct lot access to N. Locust Grove Rd. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit.Future development should comply with these standards. A parking plan was submitted that depicts the number of available on-street parking spaces; a total of 37 spaces are available after driveways are removed from the equation(see VIII.E). Pathways(UDC 11-3A-8): No multi-use pathways are designation on the Pathways Master Plan for this site;however,the Park's Dept. requested a 10-foot wide pathway be provided within the street buffer along N. Locust Grove Rd. within a 14-foot wide public pedestrian easement. A 5-foot wide"loop"pathway is proposed as an amenity within the linear common areas along the north and south boundaries of the site with pathway connections at the ends and mid-block. Where pathways loop through common driveways, Staff recommends signage is provided to notify pedestrians that the common driveways serve a dual purpose(i.e. driveway/pathway) and are part of the pathway loop. Sidewalks(UDC 11-3A-1 : Detached sidewalks are proposed along internal local streets and within the buffer adjacent to N. Locust Grove Rd. in accord with the standards listed in UDC 11-3A-17. The existing detached sidewalk along Locust Grove is proposed to be replaced with a detached 10' wide multi-use pathway. Parkways (UDC 11-3A-1 Eight-foot wide parkways are proposed adjacent to all local streets and are required to be constructed in accord with the standards listed in UDC 11-3A-17. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N.Locust Grove Rd., an arterial street, landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide common lot is depicted on the plat; the property line and future curb location should be added to the landscape plan. The required number of trees per UDC standards should also be added to the plan. Parkways are required to be landscaped in accord with the standards listed in UDC 11-3B-7C. The total lineal feet of parkways and required number of trees based should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with UDC standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C. The total lineal feet of pathways with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with UDC standards. Page 7 Meridian City Council Meeting Agenda March 24,2020— Page 270 of 323 Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. The total square footage of common open space should be included in the Landscape Calculations/Requirements table along with the required number of trees to demonstrate compliance with UDC standards. Qualified Open Space(UDC 11-3G�: A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required. Based on the area of the proposed plat(9.91 acres), a minimum of 0.99 of an acre of common open space should be provided. The Applicant proposes 1.62 acres(or 16.6%) of qualified open space consisting of linear open space where pathways are located,the common area where the community garden is proposed and half of the street buffer along the arterial street(N. Locust Grove Rd.) in accord with UDC standards. Qualified Site Amenities(UDC 11-3G1. Based on the area of the proposed plat(9.91 acres),a minimum of one(1) qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. A community vegetable garden with six(6) 8' x 12' planter boxes,pedestrian pathways/gardens, a rose garden with a stone sitting bench and a meditation garden with a bubbling rock and a stone sitting bench are proposed as amenities in excess of the minimum UDC standards. Storm Drainage: This development anticipates using subsurface storm water disposal of storm water generated from the local road system and lands tributary system per plat note#10. Waterways(UDC 11-3A-6): None Fencing(UDC 11-3A-�: All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan. The existing fencing along the north, south and west sides of the development is proposed to remain. Five-foot tall wrought iron fencing is proposed at the rear of lots along the north and south boundaries of the subdivision. Fencing should be depicted abutting pathways and common open space lots to distinguish common from private areas per UDC 11-3A-7A.7a where none is currently depicted in accord with the standards listed in UDC 11-3A-7A.The type of fencing proposed at the back edge of the street buffer along Locust Grove Rd. should be called out on the plan. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted sample renderings of the types of homes planned to be constructed in this development which are included in Section VIII.F. Homes depicted appear to be a single- story in height with a variety and mix of finish materials with stoneibrick veneer accents; some units may have a second level bonus room built into the roof structure but appear as a single-level with no windows facing the rear yard. To mitigate the lack of transition in lot sizes from adjacent developments at the perimeter boundary, Staff recommends as a provision of the DA that homes constructed in the development are limited to 25-feet in height to essentially restrict homes to a single-story with a bonus room built into the roof structure with no windows facing the rear yard. Design review is not required for single-family detached homes. Page 8 Meridian City Council Meeting Agenda March 24,2020— Page 271 of 323 VII. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat with the conditions noted in Section IX.A per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on February 20,2020.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: Dean Waite, Todd Campbell Construction b. In opposition: Renee Hanson; Judy Calle; Jerry Munger c. Commenting: Tyler Rountree, Ron Nead; Valerie McElrath,Matthew Storch d. Written testimony: Jim&Phyllis Lemieux,Renee(no last name),David&Ann Henchman, Dean&Renee Hanson, and Jim&Cathy Sears. e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s)of public testimony_ a. Concerns pertaining to traffic impact on adjacent neighborhoods& safety of neighborhood children with more traffic; b. Preference for a direct access for the subdivision via Locust Grove Rd. instead of sending traffic though adjacent existing neighborhoods; c. Concern there may be a delay in emergency response without a direct access via Locust Grove Rd.; d. Preference for this area to be open space or a community park; e. Opinion that zoning should be R-4, instead of R-8, and that density/lot sizes should match that in surroundingdevelopments; evelopments; f. Concern pertaining to difference in elevation of the subject property compared to that of abuttingdevelopments evelopments in relation to the perimeter walking path and if there will be a retaining wall or something to stabilize existing fences. 3. Ke, ids)of discussion by Commission: a. Concern pertaining to on-street parking availability and trash service(where to put the carts) for homes at the end of the cul-de-sac on the east end of the subdivision; b. The public's request for a direct access to Locust Grove Rd.; C. Transition in lot sizes/density from adjacent developments to this site and impact of R-4 zoning instead of R-8 on the proposed development plan=preference for R-4 zonin development; d. Opinion that the single-level patio homes will cater to an older population with fewer children which will have a lesser impact on traffic than a typical development; e. Concern pertaining to traffic in this area and level of service"F"on Locust Grove Rd.; f. In favor of the quality of development proposed and the common areas with pathways proposed to buffer and transition from adjacent lots. 4. Commission change(s)to Staff recommendation: a. Include a condition to reduce the number of buildable lots by 5 to no more than 45 lots and to have no more than 6 lots off the cul-de-sac on the eastern portion of the subdivision(see Section IX.A.20. 5. Outstandingissue(s)ssue(s) for City Council: a. The Applicant did not make the changes to the plat requested by the Commission as they feel the concessions they've made already,more than justify the transition from larger lot sizes to those proposed. Concessions include the following: landscape buffers along Page 9 Meridian City Council Meeting Agenda March 24,2020— Page 272 of 323 north and south boundaries; far exceeding the minimum qualified open space and site amenity standards; and limitation of the height of homes to 25' (i.e. sin lg e-storX) Page 10 Meridian City Council Meeting Agenda March 24,2020— Page 273 of 323 VIIL EXHIBITS A. Annexation Legal Description &Exhibit Map lorB & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Rd- Boise, 111 83705 Telephone 203,343.3391 Facsimile 208.342.5792 Allmon Subdivision Annexation Description November 19,2019 A portion of, the southeast quarter of the northeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, tieing more particularly described as follows: Commencing at the North Quarter Corner of said Section 30; thence N89°47'CU'E, 2,634.00 feet along the North line of Section 30 to the Northeast Quarter Corner; thence 500°13'57"W, 1,660.54 feet along the easterly boundary of said Section 30 and the centerline of N.Locust Grove Road to the Point of Beginning. Tf ence continuing S00113'57"W,332.06 feet along the easterly boundary of said Section 30 and the centerline of N. Locust Grove Road Thence S89°43'W'W,25.00 feet to the westerly right-of-way of N.Locust Grose Road; Thence S89"43'08"W, 1,287.88 feet along the northerly boundary of Madelynn Estates Subdivision to the southeast corner of Arcadia Subdivision; Thence N00°10'34' ,333.46 feet along the easterly boundary of Arcadia. Subdivision to the southwest corner of Reserve Subdivision No.2; Thence N99046'49"E, 1,288.20 feet along the southerly boundaries of Reserve Subdivision No.2 and The Reserve Subdivision to the westerly right-of-way of N. Locust Grove Road; Thence N89046'49"E,25,00 feet to the easterly houndary of said Section 30 and the centerline of N. Locust Grove Road and the Paint of Beginning. Comprising 10.03 acres,more or less. Reo r � w 412 Page 11 Meridian City Council Meeting Agenda March 24,2020— Page 274 of 323 Allmon Subdivision Annexation Map _VW41�4 Imago 30 1so 363400' 30 29 t NORTH Si:ALE 1'=150' NN4W49T 131120 0 27' tr 9,84 ACRES 25A0' z 49 1 1 ea 0 Annexation Map For: Allman Subdivision u 4 1 1 6EING S{fUATE IN THE SOUTHWEST gUkM OF THE NORTHWEST Bc4cA Engineers,Inc. ' °o QUARTERDDISSE ERIDON M, of u uw'EMo E I EAsr, s wp 21 NOVEW" 2819 Page 12 Meridian City Council Meeting Agenda March 24,2020— Page 275 of 323 B. Preliminary Plat(date: 11/6/19 3/11/2020) �W -.,.e _ r _ ! -— •,�' Mo1N ®em.a.n.�.�-.s YrauiO''alm C r�Te�M � � �E ------------ .._-_ -_talc weuwa - wavivmr.a vs.o nnu I.a�Yo L �:�"�mewnwoniw uw wocu.nwc.e wmu-..w my vic _ S 1.9¢�Rki�vn ry vc emw c.�.carcaw� _ 7� �R-� � w.n w.ma•wxonu e... 'o.m u��nmu,..vmax q. .r ...... o�wxr lnavn.rru T�iicN A0.H�^^•+""Sntim hMe Crud Ux CdeWlb-•a if !]m Page 13 Meridian City Council Meeting Agenda March 24,2020— Page 276 of 323 C. Landscape Plan (date: 11/21/2019 3/10/2020) 5-EE7 5 5FM7 ----------------------------- --- ------------- (4D 04 > F 1 38 1 37 651 Q'� 1 39 (50j 50C4?) 44 4 411 :j i U') C5 3) 504 2 LI C4)05 6 13 I LU CO Z R _4 VIMW L-------------- --- -------- --------—------------------- LANV51,AFE PLAN 4-- 5*trT ---------------------- A, �9 > CO 40 < Z) U') 33 # 31 I272: kI, kI. !., pr, F -0 '23 ---------- LL �2- CO Z R Ox L-------------------------- 0 LANt',FUSAPE PLAN Page 14 Meridian City Council Meeting Agenda March 24,2020- Page 277 of 323 --------------- ------------------------------F UN--------- ----1 (An) X 0 > i 36) 502 CO C4i: 503 (n -------------- (54) ------------ 14 ------------- 4 06 507 LU Om ova 10 < L------- ------ LAN'JI CAPE GALGUALA-nc"&TA13LE ID(ICTING-MEEM L r,- -.-PE REQUIREMENTS LAI SCAPE-EGEI Ix 17� rXISrIS6-rRM AND RffMEDIATCN PLAN 3 LM1)SC,WE CALCUALA-MMS TABLE V, z L��nEMENTS 29 27 (2 LANE)SGAPE LEGEND Ip Mll 4--- FRI 23 EXST1r4GTREES ---- LU 2 22 X-i E 0 "W M Z R -4 Om '1 141 L-------------------- Q 0 EET13ACK20NING TABLE LAND USE CANGU ONS rXlSrIWS TREE AND REFEDIA-rION PLAN Lt.I P Page 15 Meridian City Council Meeting Agenda March 24,2020— Page 278 of 323 4XEVA woBGi[xma _jAmci RRllrmu �, +� art wx mourme n wr�u mm M u�w iueu�r�svrua Z ••¢_� wale..a maanu "•a enar.uuau wmc r¢o O ruwyr�.�s nm� was '•m.n:wnwrx wm ix wsrtrt..¢rw•w J Q L'r .m'Fd•exwa nin M Q awZr wm n<swao�vrWlwvw Ms�ss�n. ��1, _ I -� mmiunm wo nvxwa w m�weve nm�w ava. �� r� wxeu�i w wrrs H ID VINV FENCE DEfAr_ ~� --_ t.0 A aw vrv�vxn a sms vnra wwia�v nrnr. ❑ ps k ' TAEE PLANTING-L r�yur L CANFER TREE PIAN'IINGAHG GlAIfING GETAL J 9H(nIE PIAMINti DETAIL Y®d1lllER Rli4GElEM1T[IEEAIL Page 16 Meridian City Council Meeting Agenda March 24,2020— Page 279 of 323 D. Qualified Open Space Exhibit Allmon Subdivision Open Space Plan 589"6'49W 1.288.18' • ED (D r (D o @ @ o 7oo TO , --- ------- EN BLOCK LOT COMMON LOT AREA SF COMMON DRVE AREA SF 0MIFYING LANDSCAPE AREA SF NON-OUALIFn140 LANDSCAPE AREA BE 1 1 31,351 SF 2.336 SF 29,015 SF I 1 2 3 DIA 5F NIA 3,U81 SF G 1 25 11624 SF N/A 5.812 SF 5,812 SF 1-29 10,965 OF 2,347 RE 8,618 SF 0 1-34 1,216 SF N/A 1,216 SF 0 2 1 1 215 SF MIA 1,216 SF I 2 6 24,309 SF 2.523 SF 21786 SF G NORTH SUBTOTAL 83,762 SF 7,206 BE 70744 SF 5'812 0 100 200 PERCENTAGE 19.7% 1.7% 16.5% 1.4% HORIZONTAL SCALE V-100' TOTAL SUBDIVISION AREA 425.283 SF Page 17 — Meridian City Council Meeting Agenda March 24,2020— Page 280 of 323 E. On-street Parking Plan Data Allmon Subdivision .E 'in, au f("M AtraamcE Parking Plan : E r As. Imc •E I E 11-L L T -.E. -E-•E 1A} 19.m I E.:,,M LQT 618 1 T. -T .. 1.17 "a •E IPILL LGT 50 IiIii i I .n'T'.EET'/Ww Sta.ES 1 J, 58446.99'W 1 288.' ® "NBA'1y n8'E ';187.84` 7 OF.gREET.ahNIG I� AS ArcF la Eork A rvA us' r d RnMLq �9 im.9 Ln� 9 Trail Inrc as $N 1 a�na amml.n� HORiH Md�iess inter akrdl. d •••• '.•••12"d B" 1♦•:•• •.'•�•�••... '}•.rc�'�x osplohe••• wpphmtal .sWN lanm 5}]C9. A 1 W X�0 rauJN z nw 4+1 ..bem rus pr I.Sv�c 3w+enLfu-Y'v m e prr I.iv.�c 31 -.1-VN I.SP�F wIE vJ 4JT+L itlO ttz :yprnr�4e nn.z MI IwAl:wrtu r�L.e r•-10° Typical Street Cross-Section 1 IU..:I:M:.ST.wxuTn Fat RLUJG wR S WrbTt.LL'Ikw.9D L 9> 3� mg F:rcMF Page 18 Meridian City Council Meeting Agenda March 24,2020— Page 281 of 323 F. Conceptual Building Elevations V � � J mn' W 5 ffi h V I CD77AGE-1-A - 80A - 114.-1.-0. MAN LEYM 1624 SO-FT. fO. on KKK K rn G � 0 U � � J �LIJ i U i i COTTAGE-1-6 ACA7 F: 1W-T-O' MAN LEVEL 1G9B SO.FT. Page 19 Meridian City Council Meeting Agenda March 24,2020— Page 282 of 323 Ems CA Ww gm < 4 U w ;� C7 J O ❑ Q C1.J I I AGE-2—A caroc-r- 9CALE% V4'-r-4' - "m LEfiL. In2 SOFT ®� 1 E M:EE p ® ® ....- ¢ i � N Q 4 � � a wt ❑ C)a pm o: COTTAGE-2-8 _ SCALE, 114'•T-0' MAE LEVEL WF2 M. _- Page 20 Meridian City Council Meeting Agenda March 24,2020— Page 283 of 323 99 � W 4 C9 tU] L W C3 J 1. g o _ PCs s 0 7 to CO 1 1 AGE—J`A SCALE V4'-1'-W UAN LEVEL WT5 60.Fr. 9 m V a 0 � J rm .pmw � v ® ❑ m V7 y w YYa ESE �1 W 0LI COTTAGE-3_E oo,Le +le-r-T Mew LEya W5 90.FL Page 21 Meridian City Council Meeting Agenda March 24,2020— Page 284 of 323 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations included in Section VII and the provisions contained herein. b. All homes constructed in this development shall be limited to 25-feet in height to accommodate a single-story with a bonus room built into the roof structure, if desired,with no windows from the bonus room facing the rear yards. 2. The preliminary plat included in Section VIII.A.2, dated "'�3/11/2020, shall be revised as follows prior to submittal of the final plat application: c. Reduce the number of buildable lots by 5 to no more than 45 buildable lots and depict no more than 6 buildable lots off the cul-de-sac on the eastern portion of the subdivision. Submit a revised plan (and electronic copy)to the Planning Division at least 10 days prior to the City Council hearing. 3. The landscape plan included in Section VIII.A.3, dated !b/2149 3/10/2020, shall be revised as follows prior to submittal of the final plat application: a. The Landscape Calculations/Requirements table shall include the following: 1)the total linear feet of parkways and the required number of residential subdivision trees per UDC 11-3B-7C; 2)the required number-of tFees along N. Loeust C*ave Rd. per-UDG 11 3B the total square footage of common open space and required number of trees per UDC 11-3G-3E; and the total lineal feet of pathways and required and proposed number of trees per UDC 11-313-12C. b. Add trees along pathways(i.e. between Lots 11 and 12,Lot 1 and along common driveways where pathways are proposed) as set forth in UDC 11-3B-12C. c. Change proposed fencing symbol to more clearly reflect the type of fencing proposed (i.e. a different symbol for each type of fencing); all fencing shall comply with the standards listed in UDC 11-3A-7. d. Include the grass symbol in all landscape areas. e. Depict the eastern property boundary of the subdivision and the future curb location along N. Locust Grove Rd. f. Correct the"existing fence to remain on north, south and east west sides"note. Page 22 Meridian City Council Meeting Agenda March 24,2020— Page 285 of 323 g. Depict fencing abutting pathways and common open space lots to distinguish common from private areas per UDC 11-3A-7A.7a where none is depicted in accord with the standards listed in UDC 11-3A-7A. i. Remove the extra property line on Lots 30 and 31,Block 1. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 6. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11- 6C-3D. 7. Where pathways loop through common driveways, signage shall be provided to notify pedestrians that the common driveways serve a dual purpose(i.e. driveway/pathway)and are part of the pathway loop. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Terminate the water main at the cul-de-sac in E. Azan Street with a fire hydrant.Water services only in the common drives,not water mains. 1.2 Sanitary sewer service connections need to be a minimum of 5'from each other along the mainline. There are at least two locations where this requirement is not met. 1.3 No sewer mainlines in common drives, only sewer services (reminder that a maximum of three services are allowed into a manhole,with a minimum 30-degrees of angle separation). 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 Page 23 Meridian City Council Meeting Agenda March 24,2020— Page 286 of 323 (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. 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. Page 24 Meridian City Council Meeting Agenda March 24,2020— Page 287 of 323 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 https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=181294&dbid=0&repo=MeridianC Lty D. POLICE DEPARTMENT https:llweblink.meridianciLy.orglWebLinkIDocView.aspx?id=181803&dbid=0&repo=MeridianC ky E. PARK'S DEPARTMENT https:llweblink.meridiancity.org WWebLinkIDocView.aspx?id=183118&dbid=0&repo=MeridianC Lty F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) No comments were received. Page 25 Meridian City Council Meeting Agenda March 24,2020— Page 288 of 323 G. SETTLER'S IRRIGATION DISTRICT https://weblink.meridianciN.ofglWebLinkIDocView.aspx?id=181790&dbid=O&repo=MeridianC ky H. NAMPA&MERIDIAN IRRIGATION DISTRICT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=182254&dbid=0&repo=MeridianC ky I. CENTRAL DISTRICT HEALTH DEPARTMENT https://weblink.meridiancity.ory WWebLink/DocView.aspx?id=181354&dbid=0&repo=MeridianC ky J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=181375&dbid=0&repo=MeridianC hty K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.orkIWebLinkIDocView.aspx?id=183002&dbid=0&repo=MeridianC hty X. 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 Commission finds the proposed zoning map amendment to R-8 and subsequent development is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed zoning map amendment will allow for the development of single-family detached homes which will contribute to the range of housing opportunities available within the City consistent with the Comprehensive Plan and the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 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 the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. Page 26 Meridian City Council Meeting Agenda March 24,2020— Page 289 of 323 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the City per the Analysis in Section HIT B. 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: 1. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section IX for more information) 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. ACHD considers road safety issues in their analysis. 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 require preserving. Page 27 Meridian City Council Meeting Agenda March 24,2020— Page 290 of 323 Chris Johnson From: Sonya Allen Sent: Friday, March 20, 2020 4:06 PM To: Adrienne Weatherly; Charlene Way; Chris Johnson Subject: Allmon Subdivision - Applicant Response to Commission Recommendation From: Dean Waite<pm.tccinc@gmail.com> Sent: Friday, March 20, 2020 3:33 PM To: Sonya Allen <sallen@meridiancity.org> Cc:Todd Campbell <tddcampbell@gmail.com>; Bill Parsons<bparsons@meridiancity.org> Subject: Re:Allmon Hi Sonya, As requested in the staff report we added note 19 for no access to Locust Grove Road and changed the driveway locations for Lots 17 and 20, Block 2. We did not change the lot count or configuration. We feel that the concessions that we are making more than justify the transition from larger lot size to what we are proposing. The landscape buffer on our North and South borders Far exceeding the minimum open space requirements Exceeding the required amenities Agreeing to the limit of single story homes We bent over backwards knowing this was an infill project. We do not believe that it was appropriate to ask us to reduce lots as well. 5 units to the acre in and R-8 zone is not being aggressive at all. We do not know if this project will be financially viable if we reduce the number of lots. We certainly would not agree to the extra concessions we made if that is going to be required. We are ready to present that plat as designed to City Council. Best Regards, Dean Waite Todd Campbell Construction Inc 208-631-5052 On Fri, Mar 20, 2020 at 2:54 PM Sonya Allen<sallen o,meridiancity.org>wrote: What changes did you make to the plans? I still count the same#of building lots and lot configuration. 1 Meridian City Council Meeting Agenda March 24,2020— Page 313 of 323 From: Dean Waite<pm.tccinc@gmail.com> Sent: Friday, March 20, 2020 2:44 PM To: Sonya Allen <sallen@meridiancity.org>;Todd Campbell <tddcampbell@gmail.com>; Bill Parsons <bparsons@meridiancity.org> Subject: Fwd:Allmon E,xteiriufal Sciundeiir - Please use caution with links or attachments. Sonya, This was sent over on Wednesday March 11. Best Regards, Dean Waite Todd Campbell Construction Inc 208-631-5052 ----------Forwarded message--------- From: Dean Waite<pm.tccinc@gmail.com> Date:Wed, Mar 11,2020 at 12:08 PM Subject: Fwd:Allmon To: Sonya Allen<salien@meridiancity.org>,Todd Campbell<tddcampbell@gmail.com> Hi Sonya, Here is the updated plat for Allmon Subdivision. 2 Meridian City Council Meeting Agenda March 24,2020— Page 314 of 323 Best Regards, Dean Waite Todd Campbell Construction Inc 208-631-5052 ----------Forwarded message--------- From:Joseph Canning<jdcanning@baengineers.com> Date:Wed, Mar 11,2020 at 12:05 PM Subject: RE:Allmon To:Todd Campbell <tddcampbell@gmail.com>, Dean<pm.tccinc@gmail.com> Attached is the updated preliminary plat. We added note 19 for no access to Locust Grove Road and changed the driveway locations for Lots 17 and 20, Block 2. J. D. Canning, PE/PLS Senior Engineer B & A Engineers, Inc. A. Engineers,, Inc. orls+ulting Engimsers, Sudw',bybrs,8, P,14nnais M u 1 Flits 2W:M2,5T92 Web:http:./Avw.beeno�nsers.com From: Todd Campbell <tddcampbellggmail.com> Sent: Wednesday, March 11, 2020 8:26 AM To: Joseph Canning <jdcannin baengineers.com>; Dean<pm.tccincggmail.com> Subject: Allmon Joe 3 Meridian City Council Meeting Agenda March 24,2020— Page 315 of 323 We are resubmitting the landscape plan with corrections that Sonya wanted 10 days prior to City Council. We need you to get the preliminary plat to us today so we can get it submitted to Sonya as well. Today is the cutoff for 10 days (business days) for the resubmittal. Please give us an update. Todd Campbell 208,,,,.94 I .8607 City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancity.org 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. 4 Meridian City Council Meeting Agenda March 24,2020— Page 316 of 323 �E IDIAN�-- ITEM SHEET IDAHO Council Agenda Item -7.C. Presenter: Estimated Time for Presentation: 0 Title of Item - Item to be considered no earlier than 7:00 pm: Public Hearing for Frazier Council Review (H-2020-0011) by Nick Frazier, Located at 5343 N. Maplestone Ave. Click Here for Application Materials Email comments to cityclerk@meridiancity.org Council Notes: goo qjATTACHMENTS: Upload Dat Staff Memo IStaff Report 3/20/2020 REVIEWERS: Department Reviewefj� Action Clerk. Johnson, Chris Approved 3/20/2020 -2:51 PM Meridian City Council Meeting Agenda March 24,2020— Page 317 of 323 Details and Signatures For Public Hearing Hearing Date: 3/24/2020 Hearing Type: Council Item Number: 8- Project Name: Frazier Council Review Project No.: H-2020-0011 Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2020 - City of Meridian, Idaho Mayor Robert E. Simison C� E IDIAN.� City Council Members: =�� Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault D A H O Luke Cavener Liz Strader March 20, 2020 MEMORANDUM TO: Mayor& City Council CC: Nick Frazier; Elisabeth Songe FROM: Joseph Dodson, Current Associate Planner RE: Frazier Council Review (H-2020-0011) The item before you is a request by the applicant,Nick Frazier, to review Director approval of an Accessory Use Permit for a family daycare (six or fewer children) operating out of his neighbors home, located at 5343 N. Maplestone Ave. Please see Appellant Narrative for why they are seeking Council review (appeal) of Staff s approval. The application in question(A-2019-0388) was approved on January 2, 2020 for the benefit of Elisabeth Songe. Mrs. Songe submitted all required documentation to the Planning Department and agreed to all applicable conditions of approval and specific use standards set forth in UDC 11-4-3-9. A letter of approval and the requisite Notice of Approval was signed by the Planning Division Manager on January 2, 2020. For reference, below are the specific use standards (11-4-3-9): A. General standards for all child daycare and adult care uses,including the classification of daycare center; daycare,family;and daycare,group: 1. In determining the type of daycare facility,the total number of children at the facility at one time, including the operator's children,is the determining factor. 2. On-site vehicle pickup,parking and turnaround_ areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 20�t� r��rtcaur�c� iar�h�2+ `2b �� @f92s 4. Upon tentative approval of the application by the director or commission for a daycare center facility,the applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39,chapter 11,Idaho Code. Said proof shall be provided prior to issuance of certificate of zoning compliance.The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. 5. In residential districts or uses adjoining an adjacent residence,the hours of operation shall be between 6:00 a.m.to 11:00 p.m.This standard may be modified through approval of a Conditional Use Permit. 6. Prior to submittal of an application for an accessory daycare facility in a residential district,the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-4B of this title.Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet(100')of the exterior boundary of the subject property. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six-foot(6')non-scalable fence to secure against exit/entry by small children and to screen abutting properties. 2. Outdoor play equipment over six feet(6')high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. C. Additional standards for family daycare facilities conducted as home occupation accessory uses: 1. In no way shall the family daycare emit lighting,noise,fumes,odor,smoke,dust,vibrations,or electrical interference that can be observed outside the dwelling.A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in UDC 11-3D-8B. 2. Off street parking shall be provided as set forth in section 11-3C-6 of this title,in addition to the required off street parking for the dwelling. The following relevant information is attached hereafter: A. Elisabeth Songe Narrative B. Notice of Approval C. Appellant Narrative Meridian City Council Meeting Agenda March 24,2020— Page 319 of 323 2 Attachment "A" November 20, 2019 E Elisabeth Songe 5343 N Maplestone Ave Meridian, ID 83646 Proposal for Accessory Use Childcare — Narrative Description i I am interested in establishing a family childcare within my home located at 5343 N Maplestone Ave, where I will serve no more than six children at any time, including my own. As a requirement of the city of Meridian, and because I do not wish inconvenience for the city or my neighbors, I have held a meeting with close neighbors invited on and acquired their approval to open and operate a childcare. Although I will determine my own program services, hours, parent fees, etc, most programs operate weekdays from 6:30 a.m. to 9:00 p.m. Since parents' work schedules differ, children usually arrive over a period of two or more hours in the morning and leave during a similar period in the late afternoon. This reduces the number of vehicles likely to stop at the home at one time, as do siblings arriving together. Parents are encouraged to escort children safely to and from cars to the home. While children are in my care, I will be responsible for their supervision at all times, including indoor activities, outdoor play, and on walks or vehicle trips away from my home. I anticipate outdoor play time to be limited to one hour after 9 am and one hour after 1 pm, and noise will be kept below the maximum stipulated by Meridian officials. I do not expect to have any employees. If that becomes a possibility, I will communicate with Meridian Planning Department; however, hiring an employee would not increase the number of children in my care beyond the maximum described above. My proposed childcare will be subject to regular inspections through the Central District Health Department (CDHD), I have participated and will continue to participate in regular IdahoSTARS-approved trainings regarding health, safety/emergency planning, childcare best practices, and child development. I am CPR and pediatric first aid certified, and will renew this certification annually. I am also currently participating in Jannus Economic Opportunity's Refugee Childcare Business Development project, with project manager Jenny Hay (208-947- 4262) providing me ongoing technical assistance and support with running a quality childcare. Meridian City Council Meeting Agenda March 24,2020— Page 320 of 323 You can contact Jenny for more information about the project and its relevance to my proposed childcare. The next steps towards opening a childcare in my home will be approval from Meridian Planning Department, then scheduling an inspection with CDHD. In the case that Meridian and CDHD approve me for a family childcare, I intend to seek clients immediately thereafter via personal networking. Thank you for your review of my childcare proposal. I look forward to hearing from you. Sincerely yours, J�6-1 1�' - Elisabeth Songe Meridian City Council Meeting Agenda March 24,2020— Page 321 of 323 Attachment "B" C� f1E IDIAN Community Development Dept. DA H O Meridian City Hall, Suite 102 33 E. Broadway Avenue Community Development Meridian, Idaho 83642 Department January 2, 2020 NOTICE OF APPROVAL: The Community Development Department, Planning Division, has reviewed this application and determined that the proposed use meets the requirements for daycare facilities under Meridian Unified Development Code section 1 1-4-3-9. The permit was granted. Daycare facility requirements are available online at: http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 A copy of the application and staff findings and conditions of approval are available to view on our website at: www.meridiancity.org. The applicant or a party of record may appeal this decision (or a condition of approval) to Meridian City Council. Appeals must be filed with the Planning Division no later than January 17, 2020, must be written, and must include the information listed in UDC section I I-5A-7. Contact the Planning Division for more information at (208) 884-5533. Application number: Legend fh , lv�°t Impacl A-2019-0388 M tlianCily mi y Parcels Meridian Permit requested: �� Accessory use permit for daycare U. 6' Proposed location: 5343 N. Maplestone Ave. �s* �` �' '♦" "' W-TSISRRC[FFH Sl � • „H City action: .�.e HHH9 �011 HU05 1965 ♦,bv 529) uitvlS RP CRfEHS1' -a�} Approved 5z]° -1 5vz _ ii HOH6 Ml! !H]O .9H2 E9N6 EV5° Date of approval: W PHI—ENA Si �°"'January 2, 2020 1 1.1 S02] 1911 1171 E861 ,unss 9 P uewrmaeeneenuinze en mrs mac - ne as ana � Meridian City Council Meeting Agenda March 24,2020— Page 322 of 323 Attachment "C" Nick Frazier 5337 N Maplestone Ave. Meridian, ID 83646 (509) 338-5242 . Frazier.Nick@gmail.com 1/22/2020 Re: N. Maplestone Ave; Appeal Daycare Permit; Application number A-2019-0388 Dear City Council Members: I am writing in request to appeal the Community Development Department, Planning Division's decision to grant an "accessory use permit for daycare" to 5343 N. Maplestone Ave (Application number A-2019-0388). My name is Nick Frazier and I live at 5337 N. Maplestone Ave, next door to the aforementioned residence. Firstly, no neighborhood meeting was held prior to the submittal of application as required by City Code 11-4-3-9. This is a requirement to obtain approval for the permit. In addition, more advanced notice would have allowed me the time to obtain the services of legal council in this matter. Secondly, I have strong doubts regarding the applicant's ability to meet the requirements for a Daycare Facility as outlined in City Code 11-4-3-9 section C. Concerning parking, I do not believe the home has the available off street parking without imposing on other residences in the area. The applicant has three vehicles, all of which get parked in their driveway. They have the available street parking for a single vehicle. 1 Meridian City Council Meeting Agenda March 24,2020— Page 323 of 323