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2020-08-04 Work Session E HO IDIAN CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday,August 04, 2020 at 4:30 PM Minutes VIRTUAL MEETING INFORMATION Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/84933344613 To call in: 1-669-900-6833 Webinar ID: 849 3334 4613 ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA -Adopted CONSENT AGENDA [Action Item] -Approved 1. Approve Minutes of July 21, 2020 City Council Work Session 2. Approve Minutes of July 21, 2020 City Council Regular Meeting 3. Creason Creek Subdivision No. 2 Sanitary Sewer Easement No. 1 4. Final Order for Sky Mesa No. 4 (H-2020-0063) by Sky Mesa East, LLC, Located at the Northwest Corner and the Southwest Corner of S. Eagle Rd. and E. Taconic Dr. S. Final Order for Whitecliffe Estates No. 2 (H-2020-0070) by 943 W. McMillan Road, LLC, Located at 943 W. McMillan Rd. 6. Findings of Fact, Conclusions of Law for Brody Square (H-2020-0032) by Pinnacle Land Development, LLC, Located on the Northeast and Southeast Corners of N. Black Cat Rd. and W. Daphne St. 7. Findings of Fact, Conclusions of Law for Chukar Ridge (H-2020-0025) by Investment Analytics Group, Located at 4005 N. McDermott Rd. 8. Findings of Fact, Conclusions of Law for Lupine Cove (H-2019-0133) by Penelope Constantikes, Riley Planning Services, Located at 4000 N. McDermott Rd. 9. Development Agreement between the City of Meridian and Donald Cantrell (Owner) and HHS Construction, LLC (Developer) for Sky Mesa Highlands (H-2019- 0123) 10. Agreement for Use of Sheriffs Community Service Participants Between the Ada County,the Ada County Sheriffs Office, and the City of Meridian 11. First Addendum for an Additional Term of Years to Interagency Governmental Agreement Between Ada County Highway District and the City of Meridian for Waiver of Costs and Fees 12. AP Invoices for Payment - 08-05-20 - $110,491.65 ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] COMMUNITY PRESENTATIONS [Action Item] 13. Western Ada Recreation District Discussion EXECUTIVE SESSION 14. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer, and 74-206(1)(0: To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Into Executive Session: 4:58 p.m. Out of Executive Session: 6:01 p.m. ADJOURNMENT - 6:01 p.m. Item#1. Meridian City Council Work Session August 4, 2020. A Meeting of the Meridian City Council was called to order at 4:33 p.m., Tuesday, August 4, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Shaun Harper, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, I will call this meeting to order. For the record is Tuesday, August 4th, 2020, at 4:33 p.m. We will begin this meeting with roll call attendance. Item 2: Adoption of Agenda Simison: Next item is the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move -- I move that we adopt the agenda as published. Cavener: Second. Simison: I have a motion and a second to adopt the agenda is published. Is there any discussion 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. Item 3: Consent Agenda [Action Item] 1. Approve Minutes of July 21, 2020 City Council Work Session 2. Approve Minutes of July 21, 2020 City Council Regular Meeting 3. Creason Creek Subdivision No. 2 Sanitary Sewer Easement No. 1 Page 4 Meridian City Council Work Session Item#1. August 4,2020 Page 2 of 11 4. Final Order for Sky Mesa No. 4 (H-2020-0063) by Sky Mesa East, LLC, Located at the Northwest Corner and the Southwest Corner of S. Eagle Rd. and E. Taconic Dr. 5. Final Order for Whitecliffe Estates No. 2 (H-2020-0070) by 943 W. McMillan Road, LLC, Located at 943 W. McMillan Rd. 6. Findings of Fact, Conclusions of Law for Brody Square (H- 2020-0032) by Pinnacle Land Development, LLC, Located on the Northeast and Southeast Corners of N. Black Cat Rd. and W. Daphne St. 7. Findings of Fact, Conclusions of Law for Chukar Ridge (H- 2020-0025) by Investment Analytics Group, Located at 4005 N. McDermott Rd. 8. Findings of Fact, Conclusions of Law for Lupine Cove (H-2019- 0133) by Penelope Constantikes, Riley Planning Services, Located at 4000 N. McDermott Rd. 9. Development Agreement between the City of Meridian and Donald Cantrell (Owner) and HHS Construction, LLC (Developer) for Sky Mesa Highlands (H-2019-0123) 10. Agreement for Use of Sheriff's Community Service Participants Between the Ada County, the Ada County Sheriff's Office, and the City of Meridian 11. First Addendum for an Additional Term of Years to Interagency Governmental Agreement Between Ada County Highway District and the City of Meridian for Waiver of Costs and Fees 12. AP Invoices for Payment - 08-05-20 - $110,491.65 Simison: Item number -- the next item is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Consent Agenda, for the Mayor to sign and for the Clerk to attest. Cavener: Second. Page 5 Meridian City Council Work Session Item#1. August 4,2020 Page 3 of 11 Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. Item 4: Items Moved From The Consent Agenda [Action Item] Simison: There were no items removed from the Consent Agenda. Item 5: COMMUNITY PRESENTATIONS [Action Item] 13. Western Ada Recreation District Discussion Simison: So, we will move on to Community Presentations, Item 13, the Western Ada Recreation District discussion and I will turn this over to Mr. Wardle. Wardle: Thank you, Mr. Mayor, Members of the Council. I have got my proper distance here. Thanks for having me today. I'm here on behalf of the Western Ada Recreation District. I'm the chairman of that organization. Have two other commissioners who are elected officials, Tyler Rountree and Heath VanPatten. I would like to acknowledge in the audience Charlie Rountree, which was a commissioner and the chairman of that organization for over 20 years. So, thanks for being here, Charlie. Western Recreation District was formed in 1971 to build the community pool and -- and accomplish that which is in Storey Park. So, it was -- that was its original intent and -- and back then Meridian was a much smaller community than it is today. I'm going to give you a little bit of history just because that's one of the big questions is who is the Western Ada Recreation District. So -- so, we built that pool. The city had a very small parks department at that time and so Western Ada Recreation District sort of functioned as -- as part of the city parks department and acquired Fuller Park, which was on -- which is still on Ten Mile and was actually outside of the city limits and that was -- the Meridian Little League Park was built by-- by dads and older brothers and community involvement and today continues to serve the little league community, as well as the rest of the community. The city and the Western Ada Recreation District have been talking about Fuller Park -- began having some conversations about -- Meridian is a very different community than it was. The Western Ada Recreation District essentially encompasses the entire community of Meridian and -- and the Western Ada Rec District Board started talking about, you know, whether -- whether there was a -- a potential duplication of services and whether -- whether the city could -- could -- could function better in that park and so we actually created a partnership and -- by which the city managed Fuller Park. We made capital improvements to that -- to that asset and after one year of management the city actually took ownership of -- of the park. As a result of that the Western Ada Recreation District lowered its -- its taxable rate to match, essentially, what we were -- we were operating with that park and so that was a commitment that we made on behalf of the -- the community, as well as -- as the city. So, in 2016 the Western Ada Recreation District spent about three million dollars renovating our pool asset and -- and, you know, made a great improvement out there and Page 6 Meridian City Council Work Session Item#1. August 4,2020 Page 4 of 11 -- and that asset functions very well in the community. So, what brings us here today. So -- so, after the election the Mayor and I began a discussion about what is the future of the Western Ada Recreation District; right? So, what -- what are our future goals. We had transferred an asset to the city and we had expressed an interest in the future about -- talking about the pool. These are not new conversations, but we wanted to say, okay, well, how do we best use our resources and so we began talking about what happens in other communities and in -- in other communities around the state and around the country, frankly, typically a golf course will create excess capital funds; right? So, it will -- it will operate and the revenues will exceed the expenses for that particular asset and, in addition to that typically, we see the aquatics assets exactly reverse of that. So, the revenues typically don't cover the expenses for those communities. In this particular case the -- the Meridian community pool actually has revenues -- program revenues which pay beyond what our expenses are. But it doesn't necessarily cash flow capital improvements and so we began the discussion if -- if in a typical community a golf course can -- can augment some of those aquatics kind of activities then -- then it evens things out on the tax basis and so the Western Ada Recreation District began negotiation with Lakeview investors, which is the operator of the Lakeview Golf Course. And a little bit about that. The original lease with -- with Cherry Lane Recreation was renewed in 1999 and just a little history of the golf course. I know a lot of people have some history, but that was -- that was built by the original operator and -- and had a long-term lease in place, again, which renewed in 1999. The city didn't expend capital funds towards the improvements on the golf course, that was --that was the operator themselves that --that put that in and the original developers of the course. In 2005 the --the lease was transferred to Lakeview investors with all of the assets in place and -- and that is the current operator that we are negotiating with. So, the highlights of the purchase agreement for the Western Ada Recreation District are the purchase of all of the assets, including the clubhouse, and just for the current -- the current operator owns the clubhouse, they own all of the machinery, all of the carts and the liquor license and so all of that is -- is contemplated to be part of the purchase and sale agreement negotiated by Western Ada Rec, as well as the lease -- purchasing the lease asset. Our anticipation is closing on October 8th. That agreement is contingent upon a management agreement with the city which brings us here today. So, our proposal -- our proposal is this -- is that -- and we have worked with the Parks Department and the legal -- and the Legal Department and that's why we are here today to talk about the management agreement. Western Ada Recreation District anticipates to -- to close on the property and then -- and, then, bring the city in to manage this particular asset. One of our commitments to that is to spend 60,000 dollars on a master plan. In working with the Parks Department they need an irrigation audit. There are some water rights issues and there are some things that need cleaned up and so Western Ada Recreation District will consider spending 60,000 dollars on that master plan, which -- which will be -- and I have talked to the Parks Department -- a -- a very public -- have a lot of public involvement in that process. I'm just going to hit a couple more highlights on the -- on the management agreement. The terms of the agreement are three years. Again, master plan and, then, the city will be in charge of maintenance and operation of the facility. It is our anticipation that -- that after that period of time -- so, just to back up one more real quickly. Within the state statute recreation districts have the authority specifically to be in the aquatics business, which we are. They also have the statutory Page 7 Meridian City Council Work Session Item#1. August 4,2020 Page 5 of 11 authority to be in the golf business, which is where this would fall under. Our proposal to the city, again, much like the Fuller Park, is that Western Ada Recreation District can spend its capital funds on assets which are owned, which -- which they are involved in. It's our anticipation that we -- that we would make this purchase. The city would manage the asset for us. The city would, then, take over management of the aquatics asset in the future and that eventually the Western Ada Recreation District would transfer those assets to the City of Meridian and get out of the taxing business. So, that is -- that is the overall strategy and plan and I have hit the highlights on our management agreement. Just a couple timelines. I'm here today in front of you to answer questions to talk officially about this management agreement. We have a meeting on Thursday at 12:00 o'clock. The item on the agenda is the purchase and sale agreement, so it could be considered there, along with our next year's budget, which has the total amount for the purchase and sale in there. So, it could be authorized Thursday. If -- if that doesn't happen this week, we would hold a special meeting, again, which would all be public meetings. So, nothing has been decided either on the city side or Western Ada Recreation District's behalf. And with that I would -- Bill, did I cover all the highlights for the management agreement? Stand for any questions. Simison: Thank you, Shaun. Council, do you have any questions for Mr. Wardle? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: So, what you are saying, Shaun --thank you for the presentation, by the way. Well done. Appreciate you being here. So, what you are saying is after -- so, you would take control of the golf course -- whatever that date was in October and, then, we would sign a management agreement that would last for three years and what would happen at the end of that three years? Wardle: So, that's -- that's what we are -- we are anticipating that at the end of three years we would transfer the asset to the City of Meridian. So, the agreement reads that we hold possession of the asset --we are in control of the --the liquor license, but to have an operator that's operating it on our behalf. So, our anticipation that along with -- again, along with the aquatic asset, the Meridian community pool, that we would -- we would transfer all those -- all of our holdings to the City of Meridian. Cavener: Mr. Mayor? Hoaglun: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for Mr. Nary or Mr. Wardle. Is there an ability to either extend that timeline out further if needed or to accelerate it faster if desired? Page 8 Meridian City Council Work Session Item#1. August 4,2020 Page 6 of 11 Nary: I can start that I guess. It -- it can be altered. I think -- there has been conversation with Council for WARD maybe not wanting to have that option, but I think we still have had that discussion that that can happen, but it really is sort of WARD's timing. Wardle: So, from Western Ada Recreation --from our perspective the answer is yes. We -- again, it's our anticipation -- we have funds that we have collected, tax funds, which have to -- you know, which we understand have to be spent on our assets, either the pool or this -- or this new asset and once -- and once those are -- those funds have been expended and we are no longer taxing them, we would -- we would want to move that up, if possible. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, Shaun, I just want to be certain we are all on the same page, you know, and that the question was about the -- the assets being transferred and you said all of the assets will be transferred and I think a lot of people were thinking golf course. In the three -- in three years. Where does the pool fall in that timeline? Is that also three years? Wardle: So, to answer that specific question, the pool is -- is not part of this -- this management agreement. That would be a separate agreement that we would enter into and in -- in talking with the Parks Department this is really a -- sort of two step process. They want it to be -- they want to -- to operate the golf course in such a manner that -- that enhances the neighborhood, enhances the community, and -- and -- and really becomes a great place to be and so they didn't want to be focused on also having to -- to pick up the pool asset. We are managing that efficiently at the time being and -- and anticipate we could do that for another -- another three years. I would say that a likely timeline would be that we would have another full pool season and, then, we could start talking about -- about transferring the asset or at least managing. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe just a clarification or just taking a step back. You know, for people that are watching this kind of out of nowhere that the city -- and maybe if Mr. Nary or even Mr. Wardle wants to just explain the background that the city already owns the land that the golf course is on and so, you know, it sounds like to sort of operate it to its best and highest use and make the appropriate investments that are needed for it that this would make sense at some point and that we could be the management company. So, maybe just a little background might be helpful for people that -- we are already in the golf business, because we already own this property. Page 9 Meridian City Council Work Session Item#1. August 4,2020 Page 1 of 11 Wardle: Yeah. So, just to back up a little further. The city does own on the -- the ground, essentially. The operating entity does own all of the improvements, including the building, and so I know that's not a typical thing that you see in real estate. This -- this particular transaction would -- would clean all of that up, meaning that all of the assets are now owned by a public entity. One of the other things that I can say-- and I have been involved in this for a long time -- is there is always -- there is -- I shouldn't say always. There has been significant pushback, both from elected officials and some of the rest of the community, to use public dollars on a -- an asset that's managed by a private entity that's a for profit entity and so this -- this transaction actually brings everything back into the public realm with -- with those public dollars. Simison: Shaun -- and I just want to first start by saying thank you. I know this has been a lot of work since our first conversation and I know you have taken it very seriously and I appreciate Erik --working with Erik in this as well, because these are community assets, whether it's the golf course, the -- the things on it, the pool and having a long term sustainable plan that makes sense for the community that allows public investment and upkeep and operations in a meaningful way, so that there is not these challenges about who is responsible for what. It really cleans up the underlying issues that -- that would continue to exist under the current scenario and allows the city to, you know, invest in an important community asset for our -- our community. I know there is always concerns about the costs of what this is, but we currently are in the business of things that don't make money. Parks don't make money and we have those. You know, you do have certain parts of parks that you see a return on your investment in terms of -- never fully, but, you know, you at least cover your operational costs when it comes to, you know, renting out shelters and having them taken care of, you know. So, that's -- that's what this is. But the underlying -- underlying ground of a park you never recover the cost of upkeep and maintenance, long term, you know, fixes that need to occur through your fees, whether that's a HomeCourt building or anything else. So, we need to be in -- making sure that these are amenities that have a long term value to, you know, the neighbors, to the communities that use them and to the taxpayers who pay for them. So, thank you for all your work in getting us to this point. Wardle: Thanks. Thanks for having me. Simison: Mr. Borton, did you have a question? I see your -- Borton: I do, Mr. Mayor. A question for either Shaun or Bill. Can you just talk briefly about the simultaneous -- the closing of this transaction to occur in early October and confirming that the -- the funding provided for this also provides -- or ensures that the -- all of the assets included in the purchase will become free and clear of any and all encumbrances, so when they are, then, ultimately transferred to the city there is -- we have assurances from day one that there are no liens or -- or other obligations that encumber anything. Page 10 Meridian City Council Work Session Item#1. August 4,2020 Page 8 of 11 Nary: That is part of the agreement to have -- Mr. Mayor, Members of the Council, Council Member Borton, that was anticipated as part of this transaction was that would all be done prior to transfer. Wardle: So -- so, the -- and one of the -- one of the negotiation points has been the -- the need to -- so, the -- close on the 8th of October and on the 9th the -- the city begins the management contract. Certainly there is preparation prior to that, but that's how the -- the transaction works. I understand that there is a funding mechanism that needs to be in place that is anticipated to happen potentially that Tuesday, which would coincide with -- with the management agreement. Our purchase and sale agreement requires that the -- all assets come to us free -- free and clear and there is actually a guarantee by the operator in that agreement for that to happen, in addition to the title insurance we will be purchasing. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The follow up on that is at that will -- I don't know who the closing agent is, but will WARD be in receipt of UCC releases and lien waivers and anything and everything under the sun to ensure those proceeds are transferred to any third party creditor at closing, as opposed to provide to a creditor via the seller. Just so there is absolutely no chance for a loose end. Wardle; Yeah. So -- so, our legal counsel is currently working on all of those exhibit -- exhibits, which are exhibit to the purchase and sale agreement. They are not completed yet, which is why the document is not public yet for our -- our consideration on Thursday. But we will --we will have all of those in place prior to the board considering -- considering that purchase and sale. Borton: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: In terms of process, what are -- what are our next steps, options, decision points for this body? Simison: Mr. Nary, would you like to speak to that? Nary: Certainly. Mr. Mayor, Members of Council, so you have on your agenda tonight these agreements that we have worked out with Western Ada. They are listed as an action item. You certainly are able to take action on them now -- this week if you wish. If you would like to delay a week, so you have an opportunity for further review or discussion, I think a week is fine. I don't know if that's -- much further than that I think it Page 11 Meridian City Council Work Session Item#1. August 4,2020 Page o of 11 pushes some timelines for Western Ada as well. So, I think we -- we would like to, you know, move this forward. If there is concerns we hopefully can answer them for you. Mr. Baird is on the line as well and he helped craft these with WARD's attorney, so if you have specifics about the agreement itself he could probably answer that, too. Cavener: Mr. Mayor -- Simison: Mr. Nary, where is this on the agenda? Cavener: -- I don't see it on the agenda as the next item. Nary: It's listed on the agenda that I have. We submitted them to the clerk's office and we put them in the -- Simison: Maybe it's just the ones that are put in front of us that we don't have. Nary: Oh. Cavener: So, it was community presentation -- Nary: Yeah. The -- the agreements I think are in your packet. Cavener: Mr. Mayor, they are. I just -- Simison: I would think they would need to be listed as a separate item as an agreement. Nary: Okay. I apologize, Mr. Mayor. The one I have it was listed as a separate item, so I didn't realize until I saw this Today that they are not. They are the same way. Cavener: So, Mr. Mayor? Simison: Councilman Cavener. Cavener: I appreciate the desire of WARD to try and meet and have this addressed as part of your -- your budget hearing, but I am concerned -- I think this is likely the right decision for our community and something I'm -- I'm conceptually supportive of moving forward. From a process standpoint I would -- would almost want to have this back next week for us as an agenda item with the agreements listed separately. Recognize that that's going to require your body to likely have a special meeting. I apologize for that, but I think that's the appropriate approach. Wardle: So, if what I'm hearing you say is we need an action item on the agenda which would need to be properly noticed, so -- so, next Tuesday would be the next meeting. So, our process will be -- will look like this -- and we can adjust to that. We were anticipating a potential. So, we will have our -- our -- our meeting on Thursday. It is a -- it is a draft budget hearing. This item is in the budget for -- for next fiscal year, so we will discuss Page 12 Meridian City Council Work Session Item#1. August 4,2020 Page 10 of 11 that item and the public's welcome to attend via Zoom and so we will have that -- we will have that discussion. We do -- we have noticed the purchase and sale agreement, as well as the approval of the management agreement with the city -- so, we will remove consideration of those items and -- and will, essentially, notice -- we will have a special meeting next week after your Tuesday meeting to do that, so -- and we will provide, again, ample notice for -- for the public, anyone that wants to provide input on that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I will leave it to you and the Council President and maybe the Council to weigh in on this. While I recognize that the -- the land at which the golf course sits on is a city- owned asset and some of these changes are somewhat administrative, I -- my preference would be that we include some form of a public comment or a public hearing around this to allow our citizens to weigh in on these potential changes. Simison: Duly noted. Wardle: Thank you. Simison: Any final questions from Mr. Wardle at this time? Wardle: Thank you. Item 6: EXECUTIVE SESSION 14. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer, and 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Simison: All right. Thank you very much. With that we will move on to Item 14. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we move into Executive Session per Idaho Code 74-206A(1)(a) and 74-206(1)(f). Cavener: Second. Page 13 Meridian City Council Work Session Item#1. August 4,2020 Page 11 of 11 Simison: I have a motion and a second to adjourn into Executive Session. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (4:57 p.m. to 6:00 p.m.) Simison: Council, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we come out of Executive Session. Cavener: Second. Simison: I have a motion and a second to come out of Executive Session. All those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Cavener: Second. Simison: I have a motion and a second to adjourn the meeting. Any discussion on the motion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6.01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 8 / 18 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 14 E IDIAN IDAHO Approve Minutes July 21, 2020 Work Session Meridian City Council Work Session July 21,2020 Item#1. Page 15 of 15 Bernt: Oh. I make a motion to come out of Executive Session. Sorry. Hoaglun: Second the motion. Simison: Motion and second to come out of Executive Session. Any discussion on the motion? If not, all those in favor signify by saying aye. The ayes have it. We are out of Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Can I have a motion? Bernt: Yes. Now we can adjourn the meeting. Move -- Simison: Got a motion -- Hoaglun: Second. Simison: -- and a second to adjourn the meeting. All those in favor signify by saying aye. Opposed nay. The ayes have it we. Are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:03 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 17 E IDIAN IDAHO RP Approve Minutes July 21, 2020 Regular Mtg Meridian City Council July 21,2020 Item#2. Page 41 of 41 MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Do I have another motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting this evening. Hoaglun: Second. Simison: I have a motion and a second to adjourn the meeting. Is there discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:07 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 8 / 4 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 58 E IDIAN IDAHO Creason Creek Subdivision No. 2 Sanitary Sewer Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2020-100364 1'rsoieet tame(Subdivision): BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/07/2020 08:12 AM Creason Creek Subdivision No. 2 CITY OF MERIDIAN, IDAHO NO FEE Sanitary server°Easement Number: 1 identify this basement by sequential number if Project contains inert than one sanitaiv sc�xer casejunt. ('See tns[rue.tions for additional inibrmation). SANITARY SEWER EASEMENT THIS Easement Agreement. made this 4th day of August 2(}20 _between CS2, LLC ("Grantor"), and the City of lvleridian, an Idaho lUlunicipal 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 valuablee 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 13) 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 tirnes. 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 an,rthing placed within the area described in this easement that was placed there in violation of this easement. THE G ANJ'OR 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 Sciver Easement REV. 01/01/2020 Page 5g Item#3. 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. GRANTOR: Cory Swain, , LL STATE OF IDAHO } ss County of Ada ) This record was acknowledged before me on _; date) by Cory Swain (name of individual), [complete the following if signing in a representative capacity, or strike the fiillowing if.signing in an in(liviilual capacity] on behalf of CS2, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Member (type of authority such as officer or trustee) ©®®®®see'eeooeR��I, o®® a1 A® a, 60 Notary Si n ture ®„ t�I V'.I.oN My Commission Expires: Sanitary Sewer Easement REV. 01/01/2020 Page 60 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Sirnison, Mayor Attest by Chris Johnson, City Cleric STATE OF IDAHO. } Ss. County of Ada } This record was acknowledged before me on -4-2020 (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 Page 61 Item#3. Legal Description Creason Creek No. 2 Subdivision City of Meridian Sanitary Sewer Easement No. 1 - Exhibit A An easement located in Government Lot 4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northwest corner of said Government Lot 4, from which a Brass Cap monument marking the southwest corner of the NW % of said Section 1 bears S 0001'03" E a distance of 2699.19 feet; Thence S 0°01'03" E along the westerly boundary of said Government Lot 4 a distance of 683.13 feet to a point; Thence leaving said westerly boundary S 88059'35" E a distance of 579.20 feet to a point; Thence S 0036'19" W a distance of 56.63 feet to the POINT OF BEGINNING; Thence S 89023'41" E a distance of 20.00 feet to a point; Thence S 0'36'19" W a distance of 127.20 feet to a point; Thence N 88 56°02" W a distance of 20.00 feet to a point; Thence N 0036'19" E a distance of 127.04 feet to the POINT OF BEGINNING. This easement contains 2,542 square feet (0.058 acres) more or less and is subject to any other easements existing or in use. Np,L LA NO Clinton W. Hansen, PLS �5�° s T E SG� Land Solutions, PC e- G July 6, 2020 11118 n 'P c) z l� 9TF 0 F �LT0 N W \A P� Creason Creek No.2 Subdivision (I—' Land Surveying and Consulting Sewer Easement Job No. 16-5 Page 1 of 1 Page 62 Item#3. CREASON CREE . 2 SUBDIVISION CITY OF MERIDIAN SANITARY SEWER EASEMENT NO. 1 EXHIBIT B LOCATED IN GOVERNMENT LOT 4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 35 36 W. S88'43'02"E 2662.34'USTICK RD. _ 1/4 _ _ 36 2 1 M 00 S88.59'35"E 579.20' I� ( �Ico `AIM � o i POINT OF BEGINNING IS89°23'41"E 20_00 I I I I °') I to Zco � o N Z00 ,�I I� �) C,4I � IC z I LLJ LLJ o ZI I� Z� o cn �- w Q oco C6 I I U C'4 I 20.00' N88.56'02"W � CREEK all pRpP SU��\�1\ zi 0' 25' 50' 100, \ONNL LA 5 %STF G �A 0 11118 �� TF 0 F d ,' futions 2 1 T - Land Surveying and Consulting 1/4 �N •�� 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz JOB IJ Page 63 E IDIAN IDAHO RP Final Order for Sky Mesa No. 4 (H-2020-0063) Item#4. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 21, 2020 ORDER APPROVAL DATE: AUGUST 4, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 38 BUILDING ) CASE NO. H-2020-0063 LOTS, 10 COMMON LOTS AND 2 ) OTHER LOTS ON 12.08 ACRES OF ) ORDER OF CONDITIONAL LAND IN THE R-4 AND R-8 ) APPROVAL OF FINAL PLAT ZONING DISTRICTS FOR SKY ) MESA SUBDIVISION NO. 4 ) BY: SKY MESA EAST, LLC ) APPLICANT ) This matter coming before the City Council on July 21, 2020 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING SKY MESA SUBDIVISION NO. 4, LOCATED IN PORTIONS OF LOT 16, BLOCK 1 AND LOT 10, BLOCK 3, BLACKROCK SUBDIVISION NO. 1 AND A PORTION OF E. TACONIC DRIVE RIGHT-OF-WAY LOCATED IN THE E. 1/2 OF SECTION 32, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA SUBDIVISION NO. 4—FP H-2020-0063 Page 1 of 3 Page 64 Item#4. TOWNSHIP 3N., RANGE lE., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 05/20/2020,by CLINTON W. HANSEN, PLS, SHEET I OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated 07/21/2020, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Becky McKay, Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA SUBDIVISION NO. 4—FP H-2020-0063 Page 2 of 3 Page 65 Item#4. City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 4th day of August , 2020. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8-4-2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA SUBDIVISION NO. 4—FP H-2020-0063 Page 3 of 3 Page 66 Item#4. E A STAFF REPORT E � 1 ��, COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/21/2020 Legend R- DATE: — '4 0 Ffa[ect Locor[Dn TO: Mayor&City Council — UT R] FROM: Sonya Allen,Associate Planner 208-884-5533 - - SUBJECT: H-2020-0063 I' Sky Mesa No. 4 LOCATION: NWC and the SWC of S. Eagle Rd. and E. Taconic Dr.,in the E 1/2 of Section 32, T.3N.,R.1E. ffln �tgT I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 38 buildable lots, 10 common lots and 2 other lots on 12.08 acres of land in the R-4 and R-8 zoning districts. II. APPLICANT INFORMATION A. Applicant: Sky Mesa East,LLC—729 S. Bridgeway Pl., Eagle, ID 83616 B. Owner: Woodside Harris, LLC—729 S. Bridgeway Pl.,Eagle,ID 83616 C. Representative: Becky McKay,Engineering Solutions, LLP— 1029 N. Rosario St., Ste. 100, Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. There is one(1)fewer buildable lot in Block 7 and two(2) additional common area lots in Blocks 2 and 7 for storm drainage proposed on the final plat than was depicted on the approved preliminary plat. Because the number of buildable lots did not increase and the amount of common open space area did not decrease, Staff deems the final plat in substantial compliance with the approved preliminary plat as required. Page 1 Page 67 Item#4. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 8/17/2017) Mumbum Sr�rli n.F ��E Uihm phi 4:.4-4 , , l`-- �.•k. �' [ ______-"_ ..air w - I I I I — - J � ��t •- �•'� Ir J ___ __ a��i r�c� ui _ i r ---____- -- Ilia ■ . .. ., 9 - s �` i—� • hi .t nos' Page 2 Page 68 Item#4. B. Final Plat(date: 5/20/20) SMY %.''A.T 4-11JONC MESA11 DrVjHM= ]M. 41r PORMNS OF LDI L5, Er�CSK 4 AND 1_Pr 10. RLCCK 3, Ek ApeRGCK 5URVM5K]e 14M 1, � AM A PW11UH OF F. tAC13,P11C ORI'.E RIGNr-DF-wm ��^� ��'•" LOCAT[6 IN mie t 112{r SrCT10N 34 T.M., RAE., R.M., Y[RLDIAN• ADA COUPM,10WO ;r..w+ram Iwo rift1r.ar sr r . ��.`awn+�.^-=•.r.:+FF".w:-.�`"` ��,.., y�� .... ��tr L ' ' .11E '_i.r• I,. .,Jrv..,r�.trf •A�� 35 'i r V ,- � LT4SW O+rr�711{t 'rj4-, iir. �[�■m] L-r'.Fri ..�—" +hroa.f�b�ti...y.r�. n! +P"TIT' _ cz 4 - " - �Jdin I� F8 c' 0— IOW MGM �M #ter...+�..•.. yr TI'"- - ti .��4' ._ ., .. � i �.�.._ F. - ..•ram _ � `� r ' .r,. .-ter, �� -a� _ �.xI'rl '-� ��#I ;•. . ��'�""r' ��:,7 '��.: +�l u- _..._..' 4` I� �e nn[■ *' ^' 1•T i,_ �r7,C +'+.�C�LiL'r`ZILZ.Y"��r•�"►" � � �r x,.s�Y' ■.#.RP a r{ L� ip- ..� ic` I - . -. ,,,,. it�:16.��T.'7Y.��F'.l'd�Ta�YI�'.�d� MA+ - F '' • ta'� '' =gym -K 7- mar GC u WfUI� idp .4V —W—W.R rr 4y++t U#ti`la a+K S-L 40r _ Ji F Lei[ART* lil f]!41 9lCf� f 1.■fX.■A 1RT. [L.Fd °IaG g}+ �R TME W w� Av rw.rr . .ors,-. ... w.r,.r-. . wr .yam .,.rt•wnw+ aF.r Tdk97�Jc*� a*K*urcr r.a� ie.rF eeM [MM . ram. �4r[ .• 4 r.r-� w.r ar,+rtry �. ro-ir .r,r..rR•, ..r r.&C .,4 Rw IIn.•7 . W - OLa+aoT.rasa L4L4 4� r..e V H. yr •tY �a�- V v .nr.. N '„* yr rr r�rr�.+ti-r o r • SKY LL. r A• ...0 4 �� wr .ter w 5rEE 7 1#3 +' Page 3 Page 69 Item#4. C. Landscape Plan(dated: 5/20/20) I � 1 I 1 • � 1 10 7. I {41CUT{L I i�F52 I ,I 1F4F1Y1�r E II�P4F➢QlIAELQ4�A0lE�x5 t _ _.IT I ' -ww•�ia,� ,ICrs,�aeFsa �,. i i I I �71� TM jo I: ilp Y� d ][� 6:2gH7#iJE& 1 �1EG I OP • to _2u Page 4 Page 70 Item#4. 4 y - I� Y I R u 77 I r Y� Y � IIU,• � Y �5 � 'IIII ��iF+ i I I i �� •� �� ''7I1�+'I.11�1 ■R� I I I t�.y I.J.4 Lj 55,L� II Y I• �:� � L.� L'' -uj. I ..�..+_.� ; _.-.•-._ll i II II 4�� ` 4.1LGYJ r_I�n.r.ciaxnfJP� — nch-mac r I _�.r —�v• i��crime _--_ -- -- �rr1r�l�- �' r r I I dF X5M1 i 5 'I I w K tiY WSA AMA Mug 4- I k Eli _ _ ifJYAi YI�LLR - --- - � -..,•,.- � .tea..:..w�� Yam■R+dLr"' Lmm Page 5 Page 71 Item#4. 4}'_ 'fiFAL NG. TCiP5t7LhUl#6 •,dti�,3r'rz ", �. '��+ �_T ':-`'fr'-�' ,-,ems=_• o , m _ r' JE- raBr7Ctx9eLlFxieyT r+o� ��aR�- '.� . _is��sax- -�:r— s..331�r'�•=' �T^ "`T•�'�:= ur��T �L�Q3g�147L7mL.� __ •�-� --ram," ,� r�� , r�2�L•r........�---T— J4\ i$RiJnyl� '�� R COH�H6L 17�EE RAHFr ..} - Page 6 Page 72 Item#4. D. Common Driveway Exhibits SKY �5a �� FFNCF (SEF LANDSCAPF PIAH) 7S X i yt x se I FENCE LAa+E16fifiaPE E BLOCK 2 COMMON PLAN) x 56 x 57 x 56 � ., 59 HOME ORIENTATON LDWE ORIENTATION HOME RENTATION i FENCE (WLL NOT DrrEP,' PAV FRONT PLANE Qf I.I. F I} F I r — — ••• -__ LOT 55 3;,, CA)MMONCA i QI NE E. MORES -------_�-_ _______________ TV& ST. 2 ac LOT 54 54 A�, ES` FKM MESA + w TYJ& WAI PER CITY BLOCK 2 OF MERIL M TILIC SKI' MESA SUBDIVISION NO. 4 COMMON E71?1 E EXHIBIT A) 1" - 30' Page 7 Page 73 »m� IRRaTiON EkSEKm FENCE ADS Pam) ag7m EASME NT x� , — � - 3 — m . ,E o 6bT@ _ B r m [ ee § t 64 2 � E f • � r m TPAL . 0� _ � DRIVEWAY X— x / K—X ] «mmUK | t � e KKE (SE } ' E342 LAN MWE "H � ¥ | 2 ■ x -j[ K 2fV E�� ' IRRIGATIGN 2 E WAS TML 7 - AMEN I § _ . PENCE LoMND \ & I m PA9FRONT SEE DWE&m. Or) _ § \ } *---*X x X—K . ui &/X MESA SURDIVISION NO 4 COMMON DRIVE E/H E 8 Pia PgeG Item#4. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development(H-2017-0068,Development Agreement#2017-119308). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension, in accord with UDC 1 I-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions stamped on 5/20/2020 by Clinton W. Hansen, shall be revised as follows: a. Change the street name"S. Mesa Trail Way"to"S. Rosalia Way"per the Ada County Street Name Review letter. b. Note#8: Include Lot 59,Block 2 as a common lot. c. Legend: Include the recorded instrument number of the existing ACHD permanent easement. d. Include the Book number and Pages number of the Sky Mesa Subdivision No. 3 note graphically depicted on the face of the plan on Sheet 1. e. Provide a minimum 20-foot wide access easement over Lot 63,Block 2 to the Fulcher parcel(#S1132142001)in accord with UDC 11-3A-3A.3 either graphically on the face of the plat or via a separate recorded easement referenced on the plat.If a separate easement is granted, submit a recorded copy of the easement to the City with the final plat for City Engineer signature. 5. The landscape plan prepared by Breckon Land Design dated 5/20/20,is approved as submitted. 6. The rear of 2-story homes constructed on Lots 64-69,Block 2 and Lots 10-12,Block 8 visible from S. Eagle Rd. shall incorporate articulation through changes in two or more of the following: material type, projections, recesses, step-backs, bays, banding, pop-outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single-story homes. 7. A perpetual ingress-egress easement for the common driveways on Lots 55 and 63, Block 2 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. If included in the CC&R's as referenced in plat note#8,a recorded copy of the CC&R's documenting such shall be submitted with the final plat for City Engineer signature. 8. A public pedestrian easement shall be submitted for the multi-use pathways on this site unless the pathway(s)will be in the right-of-way in which case it should be covered under a pedestrian easement with ACHD. 9. "No Parking" signs shall be installed along the 42-foot wide street sections. 10. Future development of Lots 54, 56-58, 62 and 64-66, Block 2 shall be consistent with Exhibit D in Section V. Page 9 Page 75 Item#4. 11. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Type 1 streetlights are required on Eagle Road every 300'staggered from the lights on the east side of the road. 2. The angle of the sewer line coming into and out of manhole SSMH #SK11D needs to be 90 degrees minimum. 3. A manhole needs to be added near the end of the common drive that leads to parcel S 1132142001. A 14-foot wide compacted gravel access path is required over and around the manhole per City requirements. The sewer main and manhole are allowed due to the unique nature of this common drive(access to another parcel). 4. This phase of the development ends in a dead-end water main at the northeast corner in the common drive,which may result in poor water quality.Development to the north will eliminate this dead-end and correct this problem. General Conditions: 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. The City of Meridian requires that the owner post to the City a warranty surety in the amount Page 10 Page 76 Item#4. 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. 12. 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. 13. 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. 14. 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. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All grading of the site shall be performed in conformance with MCC 11-1-4B. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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 Page 11 Page 77 Item#4. an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A)and an 81/2"x I I"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. 24. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 25. 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. 26. 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. 27. 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. 28. 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 Page 78 EX B Item#4. 1029 N. Rosario Street, Suite 100 NGINEERING Meridian, ID 83642 ft planning and engineering communities for the future Phone: (208) 938-0980 OLUTIONSLLP Fax: (208) 8-0941 E-mail: beckym(a�enng sol.org July 16, 2020 Mayor and City Council City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Re: Sky Mesa Subdivision No. 4 Final Plat—H-2020-0063 Response to Staff Comments Dear Mayor and Council: We have reviewed the conditions of approval from the staff report for the Meridian City Council meeting of July 7, 2020, and have the following responses/clarifications: A. Planning Division Site Specific Conditions: 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The final plat will be revised as requested prior to recording. 5. It is noted the landscape plan dated 5/20/20 is approved as submitted. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. "No Parking" signs will be installed on one side of the street where 42-foot-wide street sections are proposed. 10. The applicant is in agreement. 11. Understood. Public Works Site Specific Conditions: 1. The applicant will comply. 2. The angle of the sewer main line can be modified to 88 degrees,which has been approved by Meridian Public Works. Page 79 Item#4. Mayor and City Council July 16, 2020 Page 2 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. General Conditions: 7. Understood. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. Understood. 16. Understood. 17. Understood. 18. Understood. 19. The applicant will comply. 20. Understood. 21. Understood. 22. Understood. 23. The applicant will comply. 24. The applicant will comply. 25. The applicant will comply. 26. The applicant will provide any needed easements. 27. Understood. 28. Understood. 29. Understood. 30. Understood. 31. The applicant will comply. Page 80 Item#4. Mayor and City Council July 16, 2020 Page 3 We appreciate your review of this project. Please feel free to call me if you have additional comments or questions. Sincerely, Engi ering S lutions, LLP Be ky McKay Planner Page 81 E IDIAN IDAHO Final Order for Whitecliffe Estates No. 2 (H-2020-0070) BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 21, 2020 FINDINGS APPROVAL DATE: AUGUST 4, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 36 BUILDABLE ) CASE NO. H-2020-0070 LOTS AND 4 COMMON LOTS ON ) 9.89 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT WHITECLIFFE ESTATES NO. 2 ) BY: 943 W. MCMILLAN ROAD ) LLC, ) APPLICANT ) This matter coming before the City Council on August 4, 2020 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING WHITECLIFFE ESTATES NO. 2, LOCATED IN THE NE '/4 OF THE NW '/4 OF SECTION 36, TOWNSHIP 4N., RANGE 1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 5/21/2020, by CLINTON W. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITECLIFFE ESTATES No. 2—FP H-2020-007 Page 1 of 3 Page 82 Item#5. HANSEN, SHEET I OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 21, 2020, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITECLIFFE ESTATES No. 2—FP H-2020-007 Page 2 of 3 Page 83 Item#5. interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 4th day of August , 2020. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8-4-2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITECLIFFE ESTATES No. 2—FP H-2020-007 Page 3 of 3 Page 84 E X Item#5. /A STAFF REPORT C�WEIIt� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/21/2020 legend M DATE: lei Laca�iar TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 i SUBJECT: H-2020-007 Whitecliffe Estates No. 2 LOCATION: The site is located at 943 W. McMillan Rd.,in the NE 1/4 of the NW 1/4 of Section 36,Township 4N.,Range 1W � �i rrrrrrrrr� I. PROJECT DESCRIPTION Final Plat consisting of 36 building lots and 4 common lots and one other lot on 9.89 acres of land in the R-4 zoning district. This is the second phase of the Whitecliffe Estates Subdivision. II. APPLICANT INFORMATION A. Applicant/Owner Todd Amyx, 943 W.McMillan Road— 13967 W. Wainwright Dr, Suite 102,Boise ID 83713 B. Representative: Becky Mckay, Engineering Solutions, LLP— 1029 N.Rosario St, Suite 110,Meridian ID 83642 III. STAFF ANALYSIS The preliminary plat for this development was approved by City Council on 9/18/2018. The preliminary plat consisted of 128 building lots and 10 common lots. The final plat for the first phase was approved by Council on 4/23/2019. This is the second phase,consisting of 36 building lots and 4 common lots on 9.89 acres. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat depicts one less building lot and the same amount of qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Two sections of pathways in Common Lots 20 and 16 of Block 5 are included with this final plat. Due to the sewer easement in Lot 20, staff supports the applicant transferring the trees that were required in Lot 20 into Common Lot 16 instead. Page 1 Page 85 Item#5. All development shall comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 5/23/2018) R.WAIIL RD 91t,A Ile1>K I y 16iL R RC INU 141Y — — _ VTIf,16/fA,l 6HIPT 1Y 7u 7 d ! 6 5 } Rfm L-uw = t rMr• 3arr _ - 2r11J . f l t �• 4 4Vr _ 3Yr• _ y e f\ i 3 .n' 'Y. re. a .S,r War Y +} yp•7 IS IS p}p}x - ' >. k adIV .� rlRr I fOpl] I 10 MPl+ 7 i +Pll r �w rIY V mu. P wb ir• —III � i ]3 }i � ili. IIMr � •w � + � 4 7i 17 is 19 I6 2Y1 -¢ rY4r i•i �a• h.n. �a. _Y 11'+ I'IIr '�! ta• _�• Pwn pu F P - ♦ IIwvr k'.r,r _ a...�. � • �+,P. b_w• prr 'Jmr far =' J COO _ � rsRKti t en*e IT P Sue-Ito s I 1 �_T 1 Page 2 Page 86 Item#5. B. Final Plat(date: 6/8/2020) FF u lil,' w�raY ua :3•.. a5 3 asE — — " _ W.0may' LS lil,' w„a'aE Ut :SY: 4f:I.'15l { I - 'A 911:MG DR. — I Y61fi-E1 0L, 31.r¢ L' 2oee 917'U '� to a.oQ b'I{m'L ue kx' Try mt g�OGK a �-"— LIP a� 1L��mt UL __3 7'[WS!'I I a Ilk El:�-Im M e l I pi 2Y 1 LA z� lovtrt In XN FM�Wr I I I I I 17i-0� I y _ 1 3}R'I d "i"i"Ailm �',i.11N�, r � ILIN 0 ,IS'J7 P' rFIE'F / � T' iit NI ir =— _ sews" 7h.•i' uvf i^ 1 gy,Leyt�k : .*mer-- ShL�� es<� eeQ-- aK'—'" *IN— =LLliA'—. i —IF 'over i I I. i. r maw If . r— I" r— y t'— r i t ti r saar_ yrar�oti' I — I i1r a IHL6 17 R ` I IS I I# ,l1 j 15 I} g I T 3 17�• TIP I �`__ .L —.!L_ (.— _J 4� J� —�� .µme � bLBCiS S:r 1r�*" 'I •' � t rLL77,spy+�84 1 T.!pr ILL k"FiTTA SL 3 Il�7Y :uL� w-' -Ile Am Ste- -mw- x1f�d4"I 13 - 17 j 7 I io i * i i- e 7 r i 6 .i `� Ir I I 1•'aey �. .��y r}a�]� 1irMr rlyr ar v I . X:N'.e �Se 11y1Fr IS x „j m:ar jdLotN I - i„ �I•' _ j-W 1 L r {— I J L_ _J: HL 6l 1ti4—� =FSLY—' rsrr- 4C' nL�-- Lw :5 exc7_.. — _.l I. J L_ J 5� 1 — — _ r law SAY L.1v �rE9lYld I'�5 — — , ff r J I I .Y7Y1 PW rI K I J II I E%MEp aP '�ra;fx I . �w u� I t L�-,m I 11 � C. Common Drive Exhibit(date: 6/8/2020) — x i- - I I I Y4 l ] Q BLOCK 5 x LCT 9 0 9 ACCESS FROM coMcKINLEY PARK AVENOTE:IF A 6' SOLID FENCE IS INSTALLED �L x ADJACENT TO THE COMMON DRIVE A 5' , l LANDSCAPE BUFFER SHALL BE REQUIRED L— 5'S1] W. LORMA ST. x 'a LOT B 4. COMMON 1 m zO'(cARACE)FRONT za �� DRIVE � e w 36• �� FENCE (WILL NOT EXTEND PAST z FRONT PLANE OF DWELLING)• (TYP.)x j 20'(GPFhCE)FRONT U 5 20(G4RAGE]FRCN 7G'(,A7A=)FRONT r ——- W 40• 65' l , LOT 5 _I I ACCESS FROM m w x LORETTA ST. z m f HOME ORIENTATION HOME ORIENTATION 7 6 5 4 BLOCK 7 I i t I I 76' \ 15'REAR 15'REAR——— 15'REAR \ WHITECLIFFE ESTATES x x x x x— x x— SUBDIVISION NO 2 FENCE (SEE LANDSCAPE PLAN) (COMMON DPIVE EXHIBIT A) BALDWIN PAPM SUED Page 3 Page 87 Item#5. C. Final Plat Landscape Plan West(date: 7/16/2020) 4--- . �"'I ,I jI t � w. SY➢NEY ST. I I' -------- --- - I ."'UMV& JI� H]R!Mf r eLOCN i mI mw er Iin.•I ; ; I E. Final Plat Landscape Plan East(date: 5/21/2020) r III I III II �e � r r , � sears I I I i J j P +i uqu I I I $ � I i I ' I i 1 - --- - --------Ana-�- �a----__ - - �-- i. � I I + 10 g 7� g ] I 7 I�x -- F .— W. LORETTA ST- swlr}r u R+�l� 5 --- i MOCK a 6pR om si.mrv,aorl I I 1 1 I Page 4 Page 88 Item#5. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0074,Development Agreement#2018-111711, H-2019-0033). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council approval of the preliminary plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if signed by the city engineer within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval. (Whitecliffe Estates Subdivision No. 1 final plat was signed by the City Engineer on January 17, 2020,making the deadline for signature January 27, 2022.) 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The landscape plan prepared by Jensen Belts Associates, dated 5/21/2020, is approved as submitted. 5. The final plat prepared by Clinton Hansen,Land Solutions, dated 5/21//20 is approved as submitted. 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. Prior to the issuance of any building permits, the property shall be subdivided in accordance with the UDC. 8. The applicant shall comply with the common drive exhibit attached as Exhibit V.C. 9. Future development shall be consistent with the conceptual building elevations included in the Development Agreement. 10. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster Sue Prescott at 887-1620 for more information. Page 5 Page 89 Item#5. B. Public Works General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that Page 6 Page 90 Item#5. may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 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 Page 7 Page 91 Item#5. 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 8 Page 92 E IDIAN IDAHO Findings of Fact, Conclusions of Law f or Brody Square (H-2020-0032) Item#6. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:- , AND DECISION&ORDER A, In the Matter of the Request for Annexation and Zoning of 15 Acres of Land with a R-8 zoning District, and Preliminary Plat Consisting of 64 Building Lots,by Pinnacle Land Development,LLC. Case No(s).H-2020-0032 For the City Council Hearing Date of: July 21,2020 (Findings on August 4,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 21,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 21,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 21,2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 21, 2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 21,2020, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BRODY SQUARE—FILE H-2020-0032) - I - Page 93 Item#6. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation,zoning and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 21,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BRODY SQUARE—FILE H-2020-0032) -2- Page 94 Item#6. period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of July 21,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BRODY SQUARE—FILE H-2020-0032) -3 - Page 95 Item#6. By action of the City Council at its regular meeting held on the 4th day of August ,2020 COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT E. SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-4-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BRODY SQUARE—FILE H-2020-0032) -4- Page 96 E X Item#6. A STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/21/2020 ' Legend DATE: ��Project Lflca i�ar TO: Mayor&City Council b FROM: Alan Tiefenbach,Associate Planner 208-489-0573 Bruce Freckleton,Development Services Manager 208-887-2211 y SUBJECT: H-2020-0032 16.0 Brody Square i LOCATION: The site is located within the northeast quadrant of N. Black Cat Road and W. _ McMillan Road.,in the SW 1/4 of Section 27,Township 4 N.,Range 1 W. I. PROJECT DESCRIPTION Annexation&zoning of 15 acres of land(3 different properties)with an R-8 zoning district, and preliminary plat consisting of 65 building lots and 7 common lots,by Pinnacle Land Development, LLC. This request also includes vacating approximately 275 feet of Daphine Street. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 15.00 Future Land Use Designation Medium Density Residential Existing Land Use(s) Single Family/Rural Proposed Land Use(s) Single Family,65 Lots Lots(#and type;bldg./common) 65 Single Family,7 Common Lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 65 Single Family of units) Density 4.33 du/acre Open Space(acres,total 2.67 acres, 16.5%total open space, 11.5%qualified open [%]/buffer/qualified) space Amenities <20 acres,one required. Physical Features(waterways, Beach Lateral parallels N.Black Cat Road. hazards,flood plain,hillside) Neighborhood meeting date;#of January 23,2020—7 attendees signed in. attendees: Page I Page 97 Item#6. Description Details Page History(previous approvals) Black Cat Estates No. 1 &2,unincorporated Ada County B. Community Metrics Description Details Page Ada County Highway District _ • Staff report(yes/no) Yes • Requires ACHD Commission Action(yes/no) Yes—Vacation of Daphne St must be approved by ACHD. Access(Arterial/Collectors/State Four accesses are proposed.The Hwy/Local)(Existing and Proposed) western access is to N.Black Cat Road(Minor Arterial)from Daphine Street(local road)and the eastern access is to McMillan Road(Minor Arterial)via Daphine Street and N.Joy Street (local roads).There are two stub streets shown. Traffic Level of Service Per the ACHD staff report: McMillan Rd.—Better than"E" (acceptable level of service) Black Cate Rd.—Better than"E" (acceptable level of service) Stub Street/Interconnectivity/Cross Access The applicant is proposing two stub streets—one to the east and one to the south. Existing Road Network Minor Arterials and Local Streets Existing Arterial Sidewalks/Buffers Buffer and sidewalk exists on west side of N.Black Cat Road (part of the Jump Creek Subdivision.)Buffer and sidewalk on east side of N.Black Cat Road proposed with this subdivision. Proposed Road Improvements Local streets are being constructed to serve this development.All streets will be constructed to ACHD standards. Distance to nearest City Park(+size) Approx. 1.5 miles to Keith Bird Legacy Park and Heroes Park Distance to other key services Approx. 1.5 miles to Hunter Elementary School,2 miles to Rocky Mountain High School. Fire Service • Distance to Fire Station Fire Station No.2,2.6 miles • Fire Response Time Less than 5 minutes • Resource Reliability 76%-does meet the targeted goal of 80%or greater • Risk Identification Risk Factor 2. Current resources would not be adequate to supply serve to project. • Accessibility Project meets all required access, road widths and turnaround. Page 2 Page 98 Item#6. Description Details Page • Special/resource needs Project will not require an aerial device;cannot meet this need in the required timeframe if a truck company is required.Closest truck company is 13 minutes travel time. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully s rinklered. Police Service No comments submitted. West Ada School District No comments submitted. Wastewater • Distance to Sewer Services Directly adjacent in N.Black Cat Road • Sewer Shed North Black Cat Trunkshed • Estimated Project Sewer ERU's See application • WRRF Declining Balance 13.91 • Project Consistent with WW Master Yes Plan/Facility Plan • Impacts/Concerns •No sewer mains in common driveways. •No manholes in common driveways or sidewalks. •Provide"to and through" sewer connection to the property to the south. Water • Distance to Water Services Located in N.Black Cat Road • Pressure Zone 1 • Estimated Project Water ERU's See application • Water Quality No concerns • Project Consistent with Water Master Plan Yes • Impacts/Concerns Modeling analysis will need to be completed at Final Plat to verify minimum fire flow pressure is met at each phase. Page 3 Page 99 1 1 1 jjj ME. .uw raw ME -r a .1. GL�r• �uu IIIII IIIN✓�-Irll `�- -I 1 1■u■11 uw mollmollen col ew rillIIIIIII- e IIIINII .'--- .- -'Ilk:,' CHID ILIILI-ME 1 IIIINNI 1■Y171 t 1 L •�� III• rlll �■III ICI IIL•# ee1l !il:.. .�� u IIII .. a 71I ' }- 1■1-is• 11 III !� 11.1 11 III � 1rHd 1 y' 1111 11 ]HINT 1 ■IIIII w IYi� 1 1 I :-. �•l1.1 - i 1 INuug• ■u IIII 1• # +� - '�.11111 -111 1 I IrI �`■TT1 F•�e_ IIIIIIYIII IIINIIIOl�• YL� 1 INII!! 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IIIINII II IIII IIIIIIIII 1 71N 11 1111 III I• 1 71H 11 1111 III I• (WHIP : 1 1 -�1111111111 NIIY : 1 IIJII 1 -IIIIIIIIIII NIIY . IIIIII III �III I'IIH _�IINIIINI IIIIII �Iellll• 117III 1 � 1 III =muu1.-- H+ L7I1�1" Lq+ L7I1�1-=11111�1 III IIIII I 1 1 , ■ , ♦ ♦ II C • I. � Item#6. 4924& 5120 N. Black Cat Rd,4644 W.Daphine Street,Meridian,ID 83646 C. Representative: Keith Nichter,Kimley-Horn and Associates Inc, 950 W. Bannock St,Boise,ID 83702 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 5/29/2020 6/19/2020 Radius notification mailed to properties within 300 feet 5/29/2020 7/16/2020 Public hearing notice sign posted 7/10/2020 on site Nextdoor posting 5/27/2020 7/16/2020 V. STAFF ANALYSIS A. Annexation: The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. B. Future Land Use Map Designation(https:llwww.meridianciU.or /�comQplan) This property is designated Medium Density Residential on the City's Future Land Use Map (FLUM) contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The annexation area is near existing public services and not on the periphery of corporate city limits; existing City of Meridian zoning and development is directly adjacent to the west, north and nearby to the east. The proposed land use of single family residential is consistent with the recommended uses in the FL UM designation. The proposed project has a gross density of 4.3 du/ac, meeting the required density range listed above. Therefore, Staff finds the proposed preliminary plat and requested R-8 zoning district to be generally consistent with the Future Land Use Map designation of Medium Density Residential. 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 IX.A. 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. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Page 5 Page 101 Item#6. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents." (2.01.02D) The proposed medium density single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development. The FL UM recommends densities of between 3 and 8 dwelling units per acre. Given this density recommendation, likely any resulting housing would be of the single-family detached type. • "With new subdivision plats, require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities." (2.02.01A) The proposed plat depicts 5'sidewalks on both sides of all local roads, a S'detached sidewalk along Black Cat Rd, and 6'wide pathways within the central common open space. This will result in multi-modal routes both to the development and within the development. The central park amenity shown in Lot 9 consists of a small pond, a gazebo and several pathways. At present, the pond cuts off walkway access in the middle of Block 3. It is staff's opinion that connecting the two pathways along the pond would result in more useable space. Staff has added this as a recommended condition of approval. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (2.02.01D) Attached sidewalks are proposed on both side of all streets. Sidewalks will be completed to the terminus of stub streets at the east and south which would connect to any future development. A S'detached sidewalk is proposed along the length of the development paralleling Black Cat Road. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available along Black Cat Road and can be extended by the developer with development in accord with UDC 11-3A-21. • Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction. (2.02.02F) To the west of the subject property is the Jump Creek Subdivision, zoned R-8 (same as this proposal) with lot sizes of approximately 6,000 square feet (similar sizes as what is proposed with this plat). North of the property is single family residential zoned R- 4. South of the property is vacant land, and east of the property is rural residential zoned RUT in Ada County. The areas that have developed in the vicinity of the subject property thus far have been comparable in zoning and lot sizes. Page 6 Page 102 Item#6. This development proposes architecture consisting of one and two story homes with pitched roofs, stone bases and/or lap siding very similar to what has been constructed in the Jump Creek Subdivision. The landscape buffer and 5'detached pathway shown on the landscape plan is comparable to the improved stretch of Black Cat Road along the Jump Street Subdivision. The proposed single-family residential development and site design should be compatible with existing residential uses. In order to ensure compatibility and quality of design, staff recommends a condition that the rear and/or sides of 2-story structures on Lots 11-21, Block I and Lots 2-6, Block 2 that face N. Black Cat Road shall incorporate articulation through changes in two or more of the following: modulation (e.g.projections, recesses, step-backs, pop-outs), bays, banding,porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single- story structures are exempt from this requirement. Planning approval will be required at time of building permit. C. Existing Structures/Site Improvements: The subject property consists of three lots. There is an existing single-family residence on each lot. These will be removed. D. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning districts in UDC Table I I-2A-2. E. Dimensional Standards(UDC 11-2): All proposed lots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes, required street frontages, and road widths. Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC I I-6C-3, including but not limited to streets, common driveways and block face. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC I I- 6C-3) regarding common driveways. There are two (2) 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 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. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Page 7 Page 103 Item#6. Address signage should be provided at the public street for homes accessed via the common driveways. F. Access(11-3A-3): Four accesses are proposed. The western access is to N. Black Cat Road (Minor Arterial) from Daphine Street(local road) and the eastern access is to McMillan Road(Minor Arterial) via Daphine Street and N. Joy Street(local roads). There are two stub streets shown. ACHD reviewed this proposal and in a staff report dated May 1, 2020 stated the project is anticipated to generate approximately 613 additional trips per day, with 65 additional trips during the PM peak hour. Black Cat Road, a minor arterial, is presently improved with two travel lanes. ACHD intends to expand it to three lanes between 2026 and 2030. There is no curb, gutter or sidewalk on the east side along the subject property although it is improved with detached sidewalk on the west. Existing right-of-way is approximately 29 feet from centerline to the subject property. The applicant proposes to dedicate 19 additional feet of right-of-way to centerline and construct a 5'detached sidewalk in this area. Daphne Street is presently built to 26 feet wide in a 50'right-of-way without curb, gutter or sidewalk. The applicant proposes to vacate approximately 275 feet of Daphne at the center of the proposed development to locate an approximately 1.6 acre park and pond in this area. At the east and west of this park, Daphne will be built to 33 feet in width with rolled curb, gutter and 5 foot attached sidewalk. ACHD has not expressed concerns regarding the proposed vacation. City Council is a recommending body on the vacation request. Two stub streets are proposed. Avilla Drive will stub to the east, and Eynsford Ave will stub to the south. All roads within this proposed development will be local roads built to the same standards as Daphne Street. During the November 7, 2019 Pre-Application Meeting, staff recommended that a stub street should be provided to the north from Avilla Drive through Block 1. This is to allow future access from the property at 5230 N. Black Cat Rd if it were to redevelop in the future. This access is not provided. Staff is recommending this as a condition of approval. W. McMillan Road, a minor arterial, is intended to be widened from two to three lanes by 2035. A roundabout is planned for the McMillan/Black Cat intersection. W. McMillan Road is not part of this development. Meridian Fire has stated the project meets all required access, road widths and turnarounds. ACHD has stated they support the road network and improvements as proposed. G. 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 Page 8 Page 104 Item#6. per unit. Future development should comply with these standards. No parking plan was submitted with the application. H. Pathways (UDC 11-3A-8): Several pathways are proposed with this development. At the center of the development is a common lot containing a park and a pond(Lot 9 Block 3). There is an approximately 295'long pathway north of the pond in this common lot. There is an east/west pathway south of the pond. Sidewalks are proposed on both sides of all roads within the development. The applicant is requesting an open water pond be credited toward their qualifying open space (as is discussed below). For full credit, staff recommends the northern and southern pathways connect along the pond to produce a more inviting and useable area. The applicant has submitted conceptual exhibits to demonstrate the alignment and distances. All pathways will be required to meet the requirements of section 11-3A-8 of the UDC. I. Sidewalks(UDC 11-3A-17): Attached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17. J. Parkways (UDC 11-3A-17): No parkways are proposed with this plat. K. Landscaping(UDC 11-3B): The development proposes approximately 108,000 sf of open space, which is 16.5%of the total area. This includes a 25'wide buffer along Black Cat Road as required for arterial streets, 20'wide landscape strips on either side of Daphne Street, and a central open space and park with a water feature shown as Lot 9. With a length of 988 feet, 28 trees would be required within the Black Cat Road Buffer. The landscape plan proposes 34 trees. The buffer appears to comply with UDC 11-2A-6. L. Qualified Open Space (UDC 11-3G): The applicant proposes 11.5%of qualified open space. This includes a central park within Lot 9, Block 3 (including a .42-acre pond) and the.54-acre arterial landscape buffer which is being given % credit per the UDC. The pond is 24%of the total qualified open space, which meets the 25%maximum of UDC 11-3G-3D. As is required to count the pond as qualified open space, it is proposed to be developed with an amenity consisting of a shade structure and several benches. The landscaping as proposed meets the minimum requirements of 11-3B. As mentioned in the "Pathways"Section above, staff recommends the northern and southern pathways connect along the pond to produce a more inviting and useable area. M. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat (15.4 acres), a minimum of one (1) qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. Page 9 Page 105 Item#6. The applicant has proposed one (1) qualified amenity, a pond and shade structure with a seat wall and several benches. There are pathways that intersect in this area. The amenity meets the minimum requirements of UDC 11-3G. N. Tree preservation(11-3B-10) The applicant proposes to remove 93 trees (1,367 cal. inches) that will require mitigation. The applicant has committed to working with the City Arborist prior to removal. Staff is recommending a condition that the applicant submit a tree mitigation plan at time of final plat. This mitigation plan shall indicate the total number and caliper inches of trees proposed for removal and the total number of replacement trees proposed. O. Waterways(UDC 11-3A-6): The existing Beach Lateral parallels the western property line along Black Cat Road. This ditch is required to be piped as indicated by UDC 11-3A-6. P. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-6C and I I-3A- 7. Fencing is shown on the landscape plan and consists of 6' high solid vinyl fencing around the entire perimeter of the development (including along Black Cat Road, and 5' open style lattice top fencing along the common areas. There are several areas within Lot 9 (the common area) where closed style fencing is shown. UDC 11-3A-7 requires any fencing abutting pathways and open space to be open style. Q. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed development. All lots within the subdivision will be provided domestic water and sanitary sewer service by the City via extensions available along N. Black Cat Road. Irrigation will be provided by Settlers Irrigation District via the Beach Lateral. The Beach Lateral is not a constant delivery system so a pump and pond will be constructed for water storage. The pond is being developed as a landscape feature. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted sample elevations of the single-family homes for this project(see Section VIII). The single-family homes are depicted as two-story structures with two-car garages, and a variety of finish materials with stone and lap-siding combinations. The submitted sample elevations appear to meet design requirements for single-family homes and use consistent architecture as the homes across N. Black Cat Road in the Jump Creek Subdivision. As mentioned in the Comprehensive Plan section above, a condition of approval is being recommended in regard to planning review of homes visible from N. Black Cat Road. S. Right-of-Way Vacation The applicant is proposing to vacate approximately 275 feet of Daphne Street to configure the central park and open space in the center of the development. Proposed internal roads will route traffic around the park. This section of Daphne Street is not Page 10 Page 106 Item#6. needed for access. Therefore, staff is supportive of vacating the ROW. However,per City Code, the City Council is only a recommending body on the vacation request; final approval is subject to ACHD approval. ACHD has noted a separate application will be required and the vacation should be completed prior to final plat approval. If the vacation is ultimately not approved, the plat as currently presented must be revised. VI. 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. per the Findings in Section X. B. The Meridian Planning & Zoning Commission heard this item on June 18, 2020. At the public hearing, the Commission moved to recommend approval of the subject Annexation and Preliminary Plat request. 1. Summary of Commission public hearing a. In favor: Deborah Nelson with Givens Pursley, Randy Clarno with Pinnacle Land Development and Brandon McDougald with Kimley Horn (Applicant's Representatives), Paul Poorman, neighbor at 5230 N. Black Cat Road. b. In opposition: None c. Commenting: Deborah Nelson with Givens Pursley, Randy Clarno with Pinnacle Land Development and Brandon McDougald with Kimley Horn(Applicant's Representatives) d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimony a. Paul Poorman, adjacent neighbor to the north at 5230 N. Black Cat Road, said the applicant had been very good with working with him, and he supported the development but had privacy concerns. He said the applicant had assured him he would _get a privacy fence to the south and any houses adjacent to his would be kept one story, shy would not look down into his house. 3. Key issues(s) of discussion by Commission a. The Commissioners discussed whether the northern stub street was necessary. Page 11 Page 107 Item#6. b. The Commissioners had questions regarding future expansions of N. Black Cat Road and whether the round-about was still being_ constructed at N. Black Cat Road and W. McMillian Road. c. The Commissioners discussed whether the pond should be considered an amenity, and whether it could be reconfigured to connect the north and south pathways as staff had recommended. d. The Commissioners discussed Paul Poorman's request for a fence, and his desire for adjacent homes to be kept to one stor. 4. Commission change(s) to Staff recommendation: a. Remove staff condition for a stub street to be provided to the north from Avilla Drive through Block 1. b. Remove Lot 61 to reconfigure the pond into this area to provide a better open space and allow the connection of the pathways as recommended bX staff. c. Add a restriction that homes on Lots 42-44 be limited to one-story. d. Add a condition for a concrete wall and berm to be constructed along the property line adjacent to 5230 N. Black Cat Road. 5. Outstanding issues(s) for City Council: a. The lot numbering on the plat versus the landscape plan is not consistent. The plat has the correct numbering. The Planning Commission recommendation for homes on Lots 42-44 to be limited to one-story should be changed to Lots 8-10, Block 1. C. The Meridian City Council heard these items on July 21, 2020. At the public hearing, the Council moved to approve the subject preliminary plat request. 1. Summary of the City Council public hearing: a. In favor: Deborah Nelson(Givens Pursley) b. In opposition: None c. Commenting: Deborah Nelson (Givens Pursley), Randy Clamp (developer,) and Tim Nicholson(Kimley—Horn) d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None Page 12 Page 108 Item#6. 2. Key issue(s) of public testimonX a. None 3. Key issue(s) of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 13 Page 109 Item#6. VII. EXHIBITS A. Preliminary Plat(date: 7/L/2020) %----MVaf,¢ A, MT 00.1lR A IN L7.V ff �wYaiY S1T41 I 2 TMr BLf}L'JL f I bM I -I 41 .I 1 ` 117 -1 10'�I 11'�I 3��1 7 -1 E y E �I } �I # rYsr f 7 �dg �# i3Y yld�pM IF �fdS7F F �,7 P 71 # 0 it 7hrsr # ALTLLA 6R 13 +cy IFt . aa1 r 11 �W IFsr -EF u4m IF W*SF ^ xwF1Isr 'ffiIMW w I MM IF +Ywo ' F- �- �� is '� na&Locx 6 �aore2neeM a+w aF I I I e�m g MIr q moo g I 17 q I MY � t � NoIV F f� 14 of W � ergo-2r -- blor F�$ ly I roe w - �� LQ L-blJb' !rl 1 _ -i- 11 ayor s�w�U Ib F - - o cF ST— aj MY1E8T -— -— 7r.1 .0NM# I _ s p en•1F 71FFI ilt �r Cr efi I I-L. 10 Iµ 11 I is jig IS� iaao g � R�+ I=ern fr I=rss g rn�� L=Ffa r a� � � A � 05 i I ism r A.M. ROrgSZWNH L{IC�L 4m IF FIE $ FMig I , I hl VI bl •.1 .I I F! .I I � I SIC � 12 -1 15 ' 719G g '[52M SF+I f4"F ON 7r L%"Wfq MR F m W, q12}*F + Ri BNy r A6CW &l4>7.kt.1�Gd i raRD MUM 7" I Orr i2{aT4K r. e Page 110 B. Landscape Plan(date: 7/|/2020) BLOCKS 3 so Ea 30 27 Ak Rnmoo 12 IQ 21 Item#6. C. Amenities Commdn V S hade StructurelPicnic Area -h Rama d.a: b Manufacturer_ Classic Recreation G}stems b Model: Charleston f Size: 21'x 2T b Mau--rial: S(L-el • Cdc�r_ 'Coc4 Jade Greerti (ro&) and 'Jet Black' (frame) Conn iun Pond (Examiple Glucco Seat WalI (Example Page 16 Page 112 D. Elevations i I ■ .. 7 I.: .11 •� AAc,PH�•.� r {: e s 9�* MEN M" Page 17 Item#6. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. The Development Agreement shall require the rear and/or sides of 2-story structures on Lots 11-21,Block 1 and Lots 2-6,Block 2 that face N.Black Cat Road to incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. b. The Development Agreement shall have a restriction that homes on Lots 8-10,Block 1 should be limited to one-story. c. The Development Agreement shall add a condition for a concrete wall and berm to be constructed along the property line adjacent to 5230 N.Black Cat Road. d. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VIII and the provisions contained herein. 2. This approval is based upon ACHD vacating the requested section of Daphne St. 3. The plat included in Section VII, dated 7/l/2020, shall be revised as follows prior to submittal of the final plat application: i. A stub stT-eet shall beta a to the th ffe ^ l D th gh B ek ' This to e� z �,�ve- � � r �s the 4. The landscape plan included in Section VII.C,dated''%0 7/1/2020, shall be revised as follows prior to submittal of the final plat application: a. The nefthem a-ad setAhem pathways shall eenneet M the pond to result in a eentii+ueus pathway along the pond-. b. Sitting a-ad passive r-eer-eatien areas shall be depieted on the!a-adseape pla—a-. c. The fencing shown in Block 3 shall be revised to be open style as required per UDC I I- 3A-7. 5. The applicant will submit a tree mitigation plan at time of final plat. This mitigation plan shall indicate the total number and caliper inches of trees proposed for removal and the total number of replacement trees proposed. Page 18 Page 114 Item#6. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 8. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 9. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 10. Pathway and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C. 11. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,blocks, street buffers, and mailbox placement. 12. 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. 13. 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. 14. For the common driveway that serves a dual purpose(i.e. driveway/emergency access), signage shall be provided to notify residents that the common driveway is a no parking zone. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No sanitary sewer mainlines are allowed in the common driveways. 1.2 No sanitary sewer manholes are allowed in common driveways or sidewalks. 1.3 No dead-end water mainlines are allowed in common driveways. 1.3 Provide a"to and through" sanitary sewer mainline connection to the property to the south. 1.4 Modeling analysis must be completed at Final Plat to verify minimum fire flow pressure is met at each phase. 1.5 The geotechnical investigative report prepared by AllWest indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 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 Page 19 Page 115 Item#6. 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 I I"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. Page 20 Page 116 Item#6. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for Page 21 Page 117 Item#6. surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. ACHD https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=186071&dbid=0&r0o=MeridianC ky D. MERIDIAN FIRE DEPARTMENT(MFD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=186071&dbid=0&r0o=MeridianC hty E. COMPASS https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=188452&dbid=0&r0o=MeridianC ity F. DEPARTMENT OF ENVIRONMENTAL QUALITY https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=186718&dbid=0&r0o=MeridianC ky 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 annexation of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FLUM designation for this property if the Applicant complies with the provisions in Section V111. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the lot sizes proposed combined with the housing types proposed will be consistent with the purpose statement of the residential districts in that a range of housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. The Commission recommends the Council consider any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Page 22 Page 118 Item#6. 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 property is developed in accord with the provisions in Section VIII. B.Preliminary Plat(UDC 11-6B-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section IX. 2. Public services are available or can be made available and 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 substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; 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 23 Page 119 E IDIAN IDAHO Findings of Fact, Conclusions of Law f or Chukar Ridge (H-2020-0025) Item#7. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN, AND DECISION&ORDER A, In the Matter of the Request for Preliminary Plat,by Investment Analytics Group, Case No(s).H-2020-0025 For the City Council Hearing Date of: July 21,2020 (Findings on August 4,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 21,2020,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 21, 2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 21,2020, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 21, 2020, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 21,2020, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CHUKAR RIDGE—H-2020-0025) - I - Page 120 Item#7. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 21,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CHUKAR RIDGE—H-2020-0025) -2- Page 121 Item#7. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of July 21,2020. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CHUKAR RIDGE—H-2020-0025) -3- Page 122 Item#7. By action of the City Council at its regular meeting held on the 4th day of August 2020 COUNCIL PRESIDENT TREG BERNT VOTED AYE AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT E. SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-4-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CHUKAR RIDGE—H-2020-0025) -4- Page 123 E Item#7. A STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/21/2020 -------- Legend DATE: ��PFaject Lflcai�an �'TO: Mayor&City Council FROM: Alan Tiefenbach Associate Planner 208-489-0573 SUBJECT: PP-H-2020-0025 Chukar Ridge LOCATION: The site is located at 4005 N. McDermott Rd., in the NE '/4 of Section 32, Township 4 N.,Range 1W. I. PROJECT DESCRIPTION Preliminary plat consisting of 63 buildable lots, 8 common lots and 5 other lots on 15.42 acres of land in the R-8 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 15.42 Future Land Use Designation Mixed Use Neighborhood Existing Land Use(s) Single Family/Rural Proposed Land Use(s) Single Family,63 Lots Lots(#and type;bldg./common) 63 Single Family Phasing Plan(#of phases) 1 phase Number of Residential Units(type 63 of units) Density 4 du/acre Open Space(acres,total 1.24 acres, 17%total open space, 10.2%qualified open [%]/buffer/qualified) space Amenities <20 acres,one required. Physical Features(waterways, McFadden Canal traverses the property along the northern hazards,flood plain,hillside) perimeter. Neighborhood meeting date;#of February 6,2020— 1 attendee signed in. attendees: History(previous approvals) H-2018-0075,DA 2019-005925 Page 1 Page 124 Item#7. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD Commission Action Yes—ACHD hearing will occur on June (yes/no) 10,2020. Access(Arterial/Collectors/State Primary access is proposed to W. Hwy/Local)(Existing and Proposed) McMillan Rd. and W.Ustick Rd via north/south and west/east collectors being constructed by West Ada School District with development of Owyhee High School.Emergency access will occur along the McFadden Drain easement. Stub Street/Interconnectivity/Cross Access Two southern stubs are proposed that will connect to any future development at the south. Existing Road Network Local public streets Existing Arterial Sidewalks/Buffers A 35'buffer is proposed at the west for future development of Hwy 16. Proposed Road Improvements Local streets are being constructed to serve this development. Distance to nearest City Park(+size) Approx. 3 miles to Reta Huskey Park, 4 miles to Keith Bird Legacy Park,and Heroes Park Distance to other key services Adjacent to future elementary and high school. Fire Service • Distance to Fire Station Fire Station No.2,3.1 miles • Fire Response Time 5 minutes.When SH 16 is constructed, response time will be longer. • Resource Reliability 76%-does meet the targeted goal of 80% or greater • Risk Identification Risk Factor 2. Current resources would not be adequate to supply serve to project. • Accessibility Project meets all required access,road widths and turnaround. • Special/resource needs Project will not require an aerial device; cannot meet this need in the required timeframe if a truck company is required. Closest truck company is 13 minutes travel time. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. Page 2 Page 125 Item#7. Police Service Meridian Police Department -Chukar Ridge Location of new development- 4005 N McDermott Road Time Frame- 03/01/2019-02/29/2020 Level of Service(Los)-Delivered By Reporting District(RD-M718/A096**J Calls for Service(CFS): Response Times: Dispatch to Arrival(all units) Average Response Times by Priority: 'City of Meridian' Priority.3 (MPD Goal is within 3 to 5 minutes) 3:4 Priority 2 (MPP Goal is within a to 20 minutes) 7:1 Priority 2 (MPU Goal is within 25 to 20 minutes) 10:4 Average Response Times by Priority:'M718/Ao96**' Priority 3 5:0 Priority 2 9:4 Priority 1 0:00** Calls for Service (CFS):Calls occurring in RD'M7181A096**' US Count Total i %of Calls for Service split by Priority in'M718/A096**' %of P3 US 7,111 %of P2 CF5 71.4° %of P3 CF5 21.411 %of PO CFS 0.011, Crimes Crime Count Total Crashes *Crash Count Total No comments were received on this West Ada School District application. • Distance(elem,ms,hs) A new elementary and high school are planned for construction adjacent to the site. Wastewater • Distance to Sewer Services McDermott Trunk is being constructed as part of the Owyhee High School Project. • Sewer Shed N.McDermott Trunkshed • Estimated Project Sewer ERU's See application • WRRF Declining Balance 13.91 • Project Consistent with WW Master Plan/Facility Y Plan • Impacts/Concerns Sewer mainlines/manholes are not allowed in common driveways or under sidewalks. Water • Distance to Water Services 0 • Pressure Zone I E 1 • Estimated Project Water ERU's See application • Water Quality Results in two dead-end water mains which may result in poor water quality.Development to the south will eliminate these dead-ends and correct problem. • Project Consistent with Water Master Plan Yes • Impacts/Concerns Development will need to be modeled at each phase at Final Plat to make sure minimum fire flow is met. Page 3 Page 126 Item#7. C. Project Area Maps Future Land Use Map Aerial Map Legend Legend Project Lccaior ' Project Luca fan ed-tH igh DertSity me ium, _ Resid ti Density; r " iderntial _ n - i e I ' I ' Zoning Map Planned Development Map Legend -1 R Legend Project Lacaiiar Project Lcca=ar .' -i City urnitr -8 UT. — Planned Pa,v_- RUT i+ i j JJ R- R-4 RUT III. APPLICANT INFORMATION A. Applicant: Investment Analytics Group—800 W. Main Street#1460,Boise,ID 83702 B. Owner: Robert and Judith Spriggel—4005 N. McDermott Rd,Meridian,ID 83646 Page 4 Page 127 Item#7. C. Representative: Matt Adams,the Land Group Inc—462 E. Shore Dr. #100,Eagle,ID 83616 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 5/15/2020 7/3/2020 Radius notification mailed to properties within 300 feet 5/13/2020 7/1/2020 Public hearing notice sign posted 5/23/2020 7/11/2020 on site Nextdoor posting 5/13/2020 7/l/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciu.or /�compplan) This property is designated Mixed Use Neighborhood on the City's Future Land Use Map(FLUM) contained in the Comprehensive Plan. The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. This property was annexed and zoned to Medium-Density Residential (R-8) in October of 2018 as part of the Owyhee High School Annexation. The project included a high school surrounded by new detached single family residences. At the time of this annexation, the Comprehensive Plan recommended this area for Medium Density Residential. The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. Since this time the recommendations of the Comprehensive Plan have been changed, but development of the property under the standards of the R-8 zone district is now an entitlement. Staff notes there is a 40-acre property to the south of the subject property which is presently not within the City limits. This property is also designated as Mixed Use Neighborhood by the Future Land Use Map. Even though the subject property is already entitled with R-8 zoning, there is still an opportunity to encourage mixed use development within the area as envisioned by the comprehensive plan. A development agreement (H-2019-005925, DA #2019-005925) exists between Bob Spriggel and the City of Meridian with a concept plan that depicts a single family development as envisioned under the previous Comprehensive Plan designation. Page 5 Page 128 Item#7. Comprehensive Plan Policies(https://www.meridiancioy.orglcompplan): The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents." (2.01.02D) The proposed medium density single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development. R-8 zoning and detached single-family homes are abundant in this immediate area. Within half a mile of the site, there are numerous single family residences and two proposed schools. • "With new subdivision plats, require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities." (2.02.01A) The proposed plat depicts a total of 142,638 sf of open space. 88,606 square feet of this open space is within the McFadden Drain easement and the remaining 54,032 square feet is proposed as common open space. As discussed below, the project incorporates a small internal pathway loop. 5'wide attached sidewalks are proposed on both sides of all roads. This development is directly adjacent to both a future elementary school (to the west) and Owyhee High School(to the south) of which is anticipated to be completed in the fall of 2021. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity". (2.02.01D) Attached sidewalks are proposed on both side of all streets. Sidewalks will be completed to the terminus of stub streets at the south which would connect to any future development of the adjacent 40-acre vacant parcel to the south (currently not within the City). Owyhee High School is being constructed to the southeast of the property, and a new elementary school is planned directly adjacent (east) of the site. The Owyhee High School Development Agreement requires a 10'detached pathway along the north/south collector street being constructed, and detached sidewalks to the subject property. • "Ensure development provides safe routes and access to schools,parks, and other community gathering places. (2.02.01 G)" As mentioned, the property is directly adjacent to sites identified as locations of a new elementary school and new high school. Per the terms of the development agreement between West Ada School District and the City of Meridian (DA 2019- 005924), the District will be required to construct a 10'wide pathway along the north-south collector serving the subject site to W. Ustick Road. The District is also Page 6 Page 129 Item#7. required to construct an east/west collector street from the N/S collector to the subject property. Detached sidewalks or pathways will be required along this street. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities." (3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. B. Existing Structures/Site Improvements: There is one existing single family residence on the site. This residence will be removed with development of the proposed subdivision. C. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning districts in UDC Table 11-2A-2. D. Dimensional Standards(UDC 11-2): All proposed lots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes, required street frontages, and road widths. Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC I I-6C-3, including but not limited to streets, common driveways and block face. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC I I- 6C-3) regarding common driveways. 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 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. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Page 7 Page 130 Item#7. Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. E. Access(UDC 11-3A-3, 11-3H-4): The Chukar Ridge Subdivision is proposed to take access from three primary roads: W. McMillan Road, W. Ustick Road, and(temporarily)N. McDermott Road(see attached access exhibit). Access from W. Ustick and W. McMillan will occur from a north/south public collector roadway (shown in orange on the access exhibit) which would then connect to an east/west local street terminating into the development. The portion of the collector south of the subject property to W. Ustick Road is currently under construction and completion is anticipated this year. The portion of the public roadway north of the subject property to W. McMillan Road is required to be constructed as part of the Gander Creek Subdivision and construction is anticipated to be completed in late 2021. West Ada County Schools are constructing the east/west local street from the collector to the subject property per the 2019 Annexation Development Agreement (an elementary school is anticipated directly west of the subject property). Two stub streets are being provided with this development for any future build out of the property to the south, which is presently not in the City of Meridian limits. No more than 30 lots can be served without a secondary access. There was a secondary emergency access proposed which would(temporarily) occur from the north through Common Lot 2, Block 2 and to a gravel road eastbound along a utility easement adjacent to the McFadden Drain and to N. McDermott Road. However, at some point, a Hwy 16 extension east of the property will be constructed. This would terminate eastbound emergency access along the McFadden Drain. As an alternative, the applicant proposes access westbound along the McFadden Drain and to a north/south collector road that is to be constructed as part of the Gander Creek Subdivision and W. Ada County Elementary School. Meridian Fire has reviewed this plan and agrees with the access. Staff does have concerns with allowing a subdivision of more than 30 homes to be constructed before secondary access is established. Staff recommends as a condition of approval that no more than 30 homes may be constructed without a permanent secondary access. UDC 11-6C-3 prohibits lots with double frontages. This type of road configuration is shown along Lots I-10 of Block 2. Staff recommends a condition that the plat and landscape plan be revised to incorporate a 10'wide buffer in a common lot between the future north/south local street and Lots 1-10 Block 2. NOTE: The City has approved the second phase of the Gander Creek South Subdivisions. This phase does include a stub street in a location that will be extended when the elementary school is developed west of this property. Timing for the extension of this roadway is unknown at this time. ACHD has noted this preliminary plat will go to a hearing on June 10, 2020, after the Planning Commission hearing for this preliminary plat. The applicant has requested this preliminary plat move forward with a recommendation from the Planning Commission with a condition that any ACHD comments will be addressed 10 days prior to the City Page 8 Page 131 Item#7. Council meeting or at the time of final plat. Staff is unsure if ACHD will require significant changes or whether changes would significantly change design of the development. The Planning Commission should discuss whether they are comfortable with moving forward on this application prior to comments from ACHD. F. 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. G. Pathways ( UDC 11-3A-8): Several pathways are proposed with this development and are being requested to be credited toward the qualified open space requirement. The applicant has submitted conceptual exhibits to demonstrate the alignment and distance. The pathways run north/ south along landscaped common open spaces in Block 2 from the southern periphery of the site to McFadden Drain, west a distance of approximately 330 feet west along the McFadden Drain, then north/south though landscaped common space in approximately the center of the development back to the southern perimeter. This entire loop is approximately '/ mile in length. There are several connections to this loop from the sidewalks on the interior road. Staff has requested these common areas along the "loop" include sitting and passive recreating areas. The applicant has agreed to this and proposes the conceptual pathway plan as part of the preliminary plat, with a condition of approval that an updated landscape plan with the final pathway plan will be submitted with the final plat. All pathways will be required to meet the requirements of section H- 3A-8 of the UDC. H. Sidewalks(UDC 11-3A-17): Attached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17. I. Parkways (UDC 11-3A-17): No parkways are proposed with this plat. J. Landscaping(UDC 11-3B): The development proposes approximately 142,638 sf of open space. 88,606 square feet of this open space is within the McFadden Drain easement and must remain gravel. The remaining 54,032 square feet is proposed as common open space. Common open space is required to be landscaped with one tree per 8,000 square feet of landscaped area in accord with the standards listed in UDC 11-3G-3E. The preliminary plat complies with this requirement. Page 9 Page 132 Item#7. The preliminary plat sets aside an approximately 52,000 square foot parcel at the east (Lot 40 Block 2)for future development of Highway 16. Between the proposed plat area and the "highway parcel", the landscape plan proposes a landscape buffer of between 50'and 100'feet in width in accordance with UDC 11-2A-6. A 35'wide buffer adjacent to entryway corridors is required; the rest of the buffer is being used for their trail system and common open space. K. Qualified Open Space (UDC 11-3G): The applicant proposes 54,032 square feet of qualified open space, or 10.2%. The majority of this qualified open space comprises a walkway loop and passive recreation area with an approximately 16,500 square foot open space area at the center of the development (please see the conceptual pathway plan). Landscaping will surround a paved trail on the south side of Lot 37 and the length of Block 2 (east perimeter). This open area will connect to the McFadden Drain (which must remain gravel), then the pathway will return south through the center of the development. The landscaping as proposed meets the minimum requirements of 11-3B but it is not reflected on either the preliminary landscape plan or open space exhibits whether any additional amenities such as benches or outdoor seating areas are proposed. Also, the conceptual pathway plan evolved from discussions with staff and the applicant late in the design process. The applicant understands the landscape plan must be revised 10 days prior to City Council to indicate the pathway alignment, type and design of construction, any outdoor seating, and other passive recreation areas. This landscape plan should clearly indicate Lot 25, Block 2, which is both providing emergency access out the McFadden Drain and serving as a walkway to the loop system, to contain landscape strips of a minimum of 10'wide on either side of the gravel access. These requirements have been added as a condition of approval. L. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat (15.4 acres), a minimum of one (1) qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant has proposed one (1) qualified amenity, their pathway loop. As mentioned, this system consists of several lengths of paved walkways running through common open space areas that tie to the Mcfadden Drain as well as proposed sidewalks to complete an approximately '/ mile loop. The proposed qualified open space and trail loop would meet the minimum requirements for at least 10%qualified open space as long as the pathway meets the minimum requirements of UDC 11-3A-8 and were landscaped in accordance with UDC 11-3B-12. As the conceptual pathway plan resulted in discussions with staff and the applicant late in the design process, the applicant understands the landscape plan should be revised to indicate the pathway alignment and any outdoor seating and other passive recreation areas prior to City Council. This has been added as a condition of approval. Page 10 Page 133 Item#7. M. Waterways(UDC 11-3A-�: The Mcfadden Drain runs along the northern perimeter of the property within a 65 foot wide easement. The applicant proposes to use this area for emergency access westbound. The Applicant also proposes to connect their pathway system to this area. The applicant should coordinate with the irrigation district to ensure public access will be authorized within this area. Prevention of public access could affect whether their trail loop receives credits as qualified open space and an amenity. UDC 11-3A-states "Irrigation ditches, laterals, canals, sloughs and drains may be left open when used as a water amenity or linear open space. " The applicant intends to leave the McFadden Drainage open and connect it to their pathway system. Staff does not object to this but is adding a recommendation that the McFadden Drain be landscaped as allowed by the irrigation district. N. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A- 7. Fencing is proposed as shown on the landscape plan and consists of 6' high open style metal fencing along the common areas serving the pathways and 6' vinyl closed style fencing behind(north) the lots on Block 2 adjacent to the McFadden Drain. O. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed Development. All lots within the subdivision will be provided domestic water and sanitary sewer service by the City via extensions available along the south side of the McFadden Drain. P. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted sample elevations of the single-family homes for this project(see Section VII.F). The single-family homes are depicted as two-story structures with two-car garages, and a variety of finish materials with stone and lap-siding combinations. The submitted sample elevations appear to meet design requirements for single-family homes. VI. DECISION A. Staff: Staff recommends approval of the requested preliminary plat with the conditions noted in Section IX.A per the Findings in Section IX. Page 11 Page 134 Item#7. B. The Meridian Planning &Zoning Commission heard this item on June 4, 2020. At the public hearing, the Commission moved to recommend approval of the subject Preliminary Plat request. 1. Summary of Commission Public Hearing a. In favor: Matt Adams, The Land Group, Inc. b. In opposition: None c. Commenting: Matt Adams, the Land Group, Inc. d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimony_ a. None 3. Ke, ids) of discussion by Commission a. Commissioners discussed whether they were comfortable moving forward on this application without ACHD hearing and staff report. At least one Commissioner recommended a continuance. ACHD has since responded in favor of this application, with a condition that the applicant dedicate right of wan improve McDermott Road abutting the site as '/2 of a 46-foot wide street section with curb, gutter and no sidewalk. The applicant is amenable to this and has revised the plat accordingly. b. Commission discussed the shared drives and their concerns with more than three homes sharing a common driveway. Applicant has revised the drawings limiting the homes on the shared drives to three. c. Commission had questions in regard to the sizes of the homes. The applicant responded they would be between 1,400 and 2,000 square feet. d. Commissions inquired into prices of these homes. Applicant responded it would be in the low $200,000's. e. Commission discussed whether the amenities provided accommodated children. Commissioner Grove recommended an amenity to address this. Applicant agree to provide a"tot lot" as an additional amenity. The landscape plan has been updated accordingly. f. Commissioner discussed the 6' height of the sound wall and whether it could be raised. They mentioned they would like to see it higher, and tie into the same type of berm and wall approved for the Gander Creek Subdivision to the south. The applicant is amenable to this and has provided a detail on the landscape plan showing a 6' berm and 6' wall. Page 12 Page 135 Item#7. 4. Commission change(s)to Staff recommendation(A new plat and landscape plan has been updated with the staff report to reflect the chances required by the Commission): a. The applicant shall construct a berm and fence,both of six feet in height, on the east side of the development. b. The applicant shall work with staff to limit shared drives to a maximum of three houses. c. The applicant shall add an additional amenity. 5. Outstandingissue(s)ssue(s) for Council. a. Meridian Fire has commented that the applicant can have more than 30 lots served by a single access if the homes are sprinklered. The applicant requests this be added to condition of approval No.1 (b). C. Council Hearing The Meridian City Council heard these items on July 21, 2020. At the public hearing the Council moved to approve the subject Preliminary Plat request. 1. Summary of the City Council public hearing: a. In favor: Matthew Adams, Applicant's Representative b. In opposition: None c. Commentina: None d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s) of public testimony a. None 3. Ke, ids) of discussion by City Council: a. Discussion regarding allowing fire sprinkling to serve in lieu of requiring a second point of access if more than 30 homes were built. 4. City Council change(s) to Commission recommendation: a. Chanced staff s recommendation listed in VIII.A.Lb to read: "No more than 30 homes shall be constructed unless one of the following is completed: Option A: Construct roadway crossing of the McFadden Drain to connect to Gander Creek South. Page 13 Page 136 Item#7. Option B: Construct connection south to Ustick Road. Option C: Fire Sprinkle all structures in excess of 30 units (unit 31 throughunit 63 Page 14 Page 137 Item#7. VII. EXHIBITS A. Plat(date 2/'�20 7/2/2020) s r r` IiZ�� o�.� + t-------•1; ` J 'r.0 -ir .C?h:.` 4�AI11! L��y - Tii�f.e if fig f�f-`��`.f f-} - --- - ��a�.� . ��r � i I' rf s ! �-yYV•".'. . ;�k Nf f 1 f! `-�� _ �� 1 s 1 1 i L---•�..-J 1 ----`__• � � �. 51�_ " i�-y 4-.�f_Jr ffs I I..__F—� �' r__��_—� r-__emu.`-i ♦ � — � I�.' r__ __ -_��__ ..� .f. � � _---t i____� i .:� 11. �...�__� Y r I �r r }'+. i js`i i�l! f` •_�.�_a Y•.•.� i__, __i i___i 7 Aci mt gl� • I � !r i � �l ." i rz-ten ..........- ` i I rj�r i' �• I r i I :`• .:.�'s.�.n ' �-I j-- �- I L I l -, -• r�� ` _�---- -- - �__ - ,[ i _ ��TT •w � 7� C Page 15 Page 138 Item#7. B.1 Landscape Plan(date: 2i2n�20 7/15/2020) -- ----- - _ Tree Yr n: ,Calculatiom�'^ � -ate i �,•� I� ��-- _ _ � _ � •.,..:• ream � -- -�'� I - '- .. - - - Preliminary Plat-Landscape Plan lii roa.a. -o Page 16 Page 139 Item#7. B. Pathway Plan(date: 2/20/2020) Pink - Gravel ._� Blue - Asphalt ' - Green - Sidewalk - -4`" �- Orange - Asphalt or Gravel wy F 1 r •� r' �'} ! C. Access Exhibit(date: 5/21/2020) 'R �J�_ L I - I 11.LLLLLLLL!J l.Lli !- . McfV ILLAN RD �- - - - - �`IDT1'II� Gander Crm�k Subtliuisi ULU 97�&rr Ar, Gander Creek P145 2 Stub Street 1 PROJECT ]TE future Elementary 5chagi T COLLECTOR STREET CD f d f LLJ ee CDOwyhee MEh �y School W J IJ LOCAL STREET T TF Vll. UI ICK RD; Page 17 Page 140 D. Hwy 16 Landscaped Buffer as Recommended by Planning Commission(date: June 29,2020) VI* McDermaft Rd WIFJ LandwW hitter E. Emergency Access Exhibit(date: 5/20/2020) QTILI ----_Ip-6: p I 4 Mt .7 416 4k& .......... .......... j- i II 4w r. .. ... lab. L 411 L, ah. 0 4-F 4drl 461 L L; Ll1�%.Idw d _M II r1mimm plmbom� SECONDARY ADDEES CONNNIEPA-nDN47 kW kam w I I-'�•'•••-•w Tow it�IC ho w6n of romml onezzilmml Flom ma tonktl)mrruM Pbmd Frkw*3 crn rxLp:l rg hcn a ruTkw 31-hmKo 13.Ihm m=lu rwd m%idc o crl I Fkft rr0 mmidaknmi =kft M l�moh tia Ann aoriai_CI I Mly 14 C C;M mom". Tha m mc u m ond I Irr I V I dL%%kW s w rth mrsd iKKft a r d9m pmj I m u i k3 mid�ramd Ic hmva Hw Tc I wd CO bon o MvMMmbkK c pzr A,0aemmm %*d%W mamma a chm WJ*mma Drdn mc.Luw&o w.Qwdw C ra6c Scan Oraphk Lwsbk%M m p�"is car.:L pi awandwL a.PC"0:Oa?MCMC,.cam4g d"n huch I&LN m=Rodd OrLw C:Fhp 2arrA 6".rrmmm h*umm m-A 5&mrom ju vo W traigh im MI Page 18 Item#7. F. Fire Phasing Exhibit(date: July 15,2020) GANDER CREEK PHASE 2 STUB STREET SECONDARY ACCESS ,• -- " PHASEI-3DLOTS -17 -' FUTURE PHASE-33 LOTS ! �� PRIMARY ACCESS VYEST II r TO N.OWYHEE STOEtlN PA.' $_ I(, ___ __ . cis' a d io'=r__ �. L •�� y- — 4 ff3 Sound Wall Materials and Second Amenity(date: July 2,2020) rt Page 19 Page 142 Item#7. G. Conceptual Building Elevations(date: 2/25/2020) ' ire � �■■r !" N ram. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The preliminary plat, dated 2/20nv,9020 07/2/2020, shall be revised as follows: a. Lot 40,Block 2 shall be restricted to development and reserved for the future expansion of State Highway 16. b. No more than 30 homes shall be eenstmeted tmiess a pemiaaen�seeendafy emer-gene mess:s established.-No more than 30 homes shall be constructed unless one of the followingis s completed.. Page 20 Page 143 Item#7. Option A: Construct roadway crossing of the McFadden Drain to connect to Gander South. Option B: Construct connection south to Ustick Road. Option C: Fire Sprinkle all structures in excess of 30 units (unit 31 through unit 63). E ' eft the west b,,,,,n,1ai=y of Lets 1 10 12leek 7 d. The applicant shall obtain all approvals from the irrigation district to allow public access across the portion of the McFadden Drain easement necessary for a complete connection of the walkway loop system. 2. The landscape plan included in Section VII.C, dated 02i�20 7/15/2020, shall be revised as follows: 10 daysprior-i s„1.,.-.;tt.,l f the City r,.tme-l_ a. The landseape pla-a sha4l pr-evide a detail ef a berm of a berm and wall eembinmi with„„ ti 35' 1. f } } 2 d� TTPC 11 314 ^D.i�itnxxxznc��uxxci-cc 6�3��6�-4�� 6c c -cam�'cga��'c �v .. -� b-. The walkway leep system shall be depieted on the!andseape plan. NWefials an dimensions shall be indiea4ed and shall meet the r-equir-emen�s of 11 3A 8 of the UPC. Gravel is str4etly pr-ahibiied o pt i Tot 25 c. The pathway connection—emergency access through Lot 25 will consist of a 20' gravel access drive, at least 10' of landscape area on either side and a 5' paved walkway. d-. Provide details of the sitting a-ad passive r-eer-ea4iea afeas and depiet their-leeatieft eft th-e revised!a-ndseape plan-. 3. The developer shall landscape along the McFadden Drain as allowed by the irrigation district. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 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. For the common driveway that serves a dual purpose(i.e. driveway/emergency access), signage shall be provided to notify residents that the common driveway is a no parking zone. 8. Applicant shall construct homes consistent with the homes elevation in Exhibit VH(F). Page 21 Page 144 Item#7. 9. Developer shall comply with all ACHD conditions of approval. 10. The applicant shall comply with all previous conditions of approval associated with this site (H- 2018-0075 and Development Agreement 2019-005924). 11. The Applicant shall have a maximum of two (2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 12. Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sewer mainline/manholes are not allowed in common driveways or under sidewalks. Run service lines down common drive but make sure required separation can be met. 1.2 Sewer mainline connection for property is to the north and west,and is being installed with the Owyhee High School. Service to this property will not be available until such time as these mainlines are accepted by the City. The 14-foot wide compacted gravel roadway over the sewer and water mains along the north and west boundaries must be protected during construction. 1.3 Results in two dead-end water mains which may result in poor water quality. Development to the south will eliminate these dead-ends and correct problem. 1.4 Development will need to be modeled at each phase at Final Plat to make sure minimum fire flow is met. 1.5 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 1.6 Applicant shall adjust their sanitary sewer design to remove the mainline out of the common driveway. In this case, service lines shall be extended to the common drive lots from the mainline located in the public right-of-way. 1.7 Utility easement for possible future water main extension must be provided to property to the west via the common driveway. 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. Page 22 Page 145 Item#7. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required.If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. Page 23 Page 146 Item#7. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridianciLy.oMIpublic_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 Page 24 Page 147 Item#7. 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. MERIDIAN POLICE DEPARTMENT https:llweblink.meridiancioy.org/WebLink/DocView.aspx?id=188192&dbid=0&repo=Me ridianCity&cr=1 D. MERIDIAN FIRE DEPARTMENT(MFD) https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=1913 75&dbid=0&repo=Me ridianCity E. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridiancity.org/WebLink/DoeView.aspx?id=1 88718&dbid=O&repo =MeridianCity IX. FINDINGS Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Commission finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section HIT 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Page 25 Page 148 Item#7. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Commission finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City s CIP. 4. There is public financial capability of supporting services for the proposed development; 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 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) Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 26 Page 149 Item#7. From: Matthew Adams To: Alan Tiefenbach Cc: Bill Parsons;Joe Bonaiorno;Tamara Thompson; Brady Lasher(bra dy(cblasherenterprises.com);Michael Thomas Subject: Chukar Ridge Sub-Council Hearing: Pre-Plat Resubmittal Date: Thursday,July 2,2020 12:03:04 PM Attachments: PP 200702 Chukar Ridae PP-Resubmittal OpenSpaceExhibit 119192.1)df PP 200702 Chukar Ridge PP-Resubmittal 119192.pdf External Sender - Please use caution with links or attachments. Good Morning Alan - Per the comments received from P&Z at our hearing on June 4 and summarized in your email received 6.5.20, we are listing the 5 items below as the "Meridian City P&Z Conditions". Each of these comments have been addressed and are reflected on the attached resubmittal. 1. 6'fence and 6' berm along State Highway 16 ( I recommend you use the same landscaping and fencing as Gander Creek South). Complete-Berm and Fence have been added. Refer to Detail 3&4/LP-02. 2. Reduce the common drives to serve no more than 3 residences. Complete—see Driveway A, B, & C/PP-01 3. Add an extra amenity. Complete—In addition to the extensive pathway system amenity we are proposing a tot lot feature in Lot 4/Block 4. See LP-01 and detail 5/LP-02. 4. ACHD recommendations should be finalized. ACHD Staff report approved on consent agenda June 17, 2020 and received via email. Applicant will work with ACHD to complete conditions of approval. All conditions are shown on pre-plat resubmittal. 5. 2nd access will be established prior to Council. Applicant will construct no more than 30 homes with current secondary fire access from McDermott Road. Prior to constructing home number 31 through 63, the applicant will provide one of the following additional solutions to mitigate the future construction of Hwy 16 Expressway. • Construct roadway crossing of the McFadden Drain to connect to Gander Creek South. Graphic Exhibit will be prepared for council presentation. • Construct connection south to Ustick Road. Graphic Exhibit will be prepared for council presentation. • Fire Sprinkle all structures in excess of 30 units (units 31 through unit 63) The sequence and timing of development north and south of this project is unknown and we need to have the above options available. Not listed in the email but discussed at the hearing was the request for a 10' wide buffer on the west edge of the project to mitigate for the future planned street construction by West Ada School District. We have also added the 10-FT buffer behind the lots on the west edge of the development. We are also developing some additional graphics for our presentation to council but plan on simply Page 150 Item#7. bringing those to the hearing. I will provide all exhibits and graphics to you as far in advance of the hearing as possible. Please contact our office with any questions. Thank you, principal I landscape architect matthew t. adams 208.939.4041 I p 208.921.4757 I c 462 e shore dr,ste 100 eagle,idaho 83616 matt(@thelandgroupinc.com THE LAND GROUP I thelandgroupinc.com Page 151 E IDIAN IDAHO Findings of Fact, Conclusions of Law f or Lupine Cove (H-2109-0133) Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN^' AND DECISION& ORDER A In the Matter of the Request for Annexation of 7.09 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of 26 Residential Buildable Lots and 6 Common Lots on 7 Acres of Land in the Proposed R-8 Zoning District,by Penelope Constantikes,Riley Planning Services. Case No(s). H-2019-0133 For the City Council Hearing Date of: July 21,2020 (Findings on August 4,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 21,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 21,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 21, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 21,2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LUPINE COVE—H-2019-0133) - I - Page 152 Item#8. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 21,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 21,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LUPINE COVE—H-2019-0133) -2- Page 153 Item#8. agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of July 21,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LUPINE COVE—H-2019-0133) -3- Page 154 Item#8. By action of the City Council at its regular meeting held on the 4th day of August 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT E. SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-4-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LUPINE COVE—H-2019-0133) -4- Page 155 ttem#s. IT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING July 21,2020 f Legend 7,0 DATE: �ff Prc jE_l Lc=ton �_ � TO: Mayor&City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton,Development Services Manager --- -------� 208-887-2211 SUBJECT: H-2019-0133 Lupine Cove Ell LOCATION: 4000 N. McDermott Rd.,in the NW 1/4 of I. Section 33, Township 4N.,Range 1 W. _ I. PROJECT DESCRIPTION NOTE: On April 28, 2020, City Council remanded this project back to Planning and Zoning Commission to provide a recommendation on a revisedpreliminary plat and landscape plan. Staff has updated the staff report in a strike-through and underline format to represent the proposed changes to the plans. Originally, Staff and the Commission had recommended denial based on previous versions of the plans. With the revisions to the plans, Staff is recommending approval of the project. Staffs recommended development agreement provisions and conditions of approval are provided below. Annexation of 7.09 acres of land with an R-8 zoning district and Preliminary Plat consisting of twenty- sixei&(268)buildable lots, sixseven(67)common lots and two (" ather-lots on 7 acres of land in the proposed R-8 zoning district. Page 1 Page 156 Item#8. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 7 acres Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre) Existing Land Use Residential/agricultural Proposed Land Use(s) Single-family residential(SFR)development Current Zoning RUT in Ada County Proposed Zoning R-8 Lots(#and type;bldg/common) 269 buildable;67 common&2 at-he Phasing plan(#of phases) 1 Number of Residential Units(type 25-7 new and 1 existing(SFR detached homes) of units) Density(gross&net) 3.714 gross/7.46 net Open Space(acres,total [%]/ Based on the applicant's calculations 0.834-of an acre buffer/qualified) (12.0544-.7%)is being proposed. Amenities J= Children's play equipment and gazebo and basketball,.,tR4 Physical Features(waterways, The Five Mile Creek/McFadden Drain runs along the northern hazards,flood plain,hillside) and eastern boundary of this site. Neighborhood meeting date;#of August 28,2019;9 attendees attendees: History(previous approvals) None B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State One(1)access proposed via N.McDermott Rd.,a collector Hwy/Local)(Existing and Proposed) street Traffic Level of Service Stub Street/Interconnectivity/Cross A stub street was required to the subject property from the Access Aegean Subdivision to the north.The revised plan depicts the extension of the stub street.,1--at the plan as submitted doesn't ..,template extension with this deve,pme,«. A stub street is proposed at the south boundary. Existing Road Network None Page 2 Page 157 Item#8. Fire Service • Distance to Fire Station 3 miles from Fire Station#2 • Fire Response Time 5 minutes under ideal conditions;can meet the response time goals • Resource Reliability 8 1%from Fire Station#2—does meet the target goal of 80%or greater • Risk Identification Risk factor of 2—current resources would not be adequate to supply service to this project(see comments in Section VIILC) • Accessibility Project meets all required access,road widths and turnarounds • Special/resource needs An aerial device is not required;the closest truck company is 12 minutes travel time(under ideal conditions)—Fire Dept. can meet this need in the required timeframe if needed. • Water Supply Requires 1,000 gallons per minute for 1 hour;may be less if buildings are fully sprinklered • Other Resources NA Police Service • Distance to Police 8.5 miles Station • Police Response 5:30 minutes Time • Calls for Service 241 for Reporting District M719(1/1/2019—12/31/2019) • Accessibility No issues with the proposed access • Specialty/resource This proposed development is on the edge of the city limits. The Meridian needs Police Department already serves this area with the Oaks Development and Jump Creek. As of now no additional resources are needed at this time. Once all the surrounding developments build out such as Gander Creek,Aegean Estates and Owyhee High School it will require future additional police resources in this geographic area. • Crimes 241 (1/1/2019—12/31/2019) • Crashes 3 (1/1/2019— 12/31/2019) • Other The Meridian Police Department has no outstanding issues concerning this development application. All qualified open space provided in the development,to include all amenities, must be in an open area in order to allow for natural observation opportunities. Pathways and landscaping should not create hiding spots or blind spots that would promote criminal opportunities. The Meridian Police Department will support all Community Development Staff recommendations,Traffic Impact Studies from ITD and or ACHD to improve access,roadways,intersections,pathways and sidewalks before the project if fully completed. Wastewater • Distance to Sewer Directly adjacent to McDermott Road Services • Sewer Shed North McDermott Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining 13.81 Balance Page 3 Page 158 Item#8. • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns The maximum slope of sewer mainlines is 5.0%due to limitations on our collections televising equipment.Please revise sewer grade between existing SSMH(within McDermott)and the upstream manhole, SSMH Al. Water • Distance to Water 0 feet Services • Pressure Zone 1 • Estimated Project See application Water ERU's • Water Quality Yes-this development results in a long deadend water main which may result Concerns in poor water quality. This deadend won't be eliminated until the Count parcels to the south are developed. • Project Consistent Yes with Water Master Plan • Impacts/Concerns The water mainline in McDermott Road must be extended to the southern property line extended.Water mainline sizes were not indicated on the plans, however the McDermott line must be 12-inch diameter and the Lupine Lane line as shall be 8-inch diameter. Page 4 Page 159 Item#8. C. Project Maps Future Land Use Map Aerial Map Legend 0 Legend i ff ff Prayeat Lcca-fian I Prc iRc+Lc!c::- �i med-HIg ens r T Residentid U 'y. hAdium Density - {. - # sidential :MU-RG Zoning Map Planned Development Map (fLegend R Legend Proyeat Lucaim %*-ot Lacafion +-i Cfy Ling �'R-8 — Purred Pa-e's UT11 R- R A ., _ -I J f RUT Fq .1. +'+ III. APPLICANT INFORMATION A. Applicant: Penelope Constantikes, Riley Planning Services PO Box 405 Boise,ID 83701 B. Owner: Justin Fishburn Page 5 Page 160 Item#8. 4000 N. McDermott Rd. Meridian, ID 83646 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 5/29/2020 7/3/2020 Radius notification mailed to property owners within 300 feet 5/26/2020 7/l/2020 Public hearing notice sign posted 6/5/2020 7/8/2020 on site Nextdoor posting 5/27/2020 7/l/2020 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. As noted above,the submitted plat consists of 269 building lots on approximately 7 acres of land which is 3.714 dwelling units to the acre. Staff finds the proposed density is within the density parameters of the MDR land use designation. 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 single-family detached homes will contribute 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."(3.01.0117) 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. • "Require useable open space be incorporated into new residential subdivision plats."(3.07.02A) The proposed plat depicts a total of 0.83-1 of an acre(or 12.05 %) of qualified open space. To increase the usability of the open space,staff recommends that the applicant relocate the temporary turnaround proposed on Common Lot 10 on the east side of Lupine Lane., howevethe open spaee Page 6 Page 161 Item#8. • "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) On the south boundary are rural county lots in excess of 4 acres. The applicant has not provided any real transitional lot sizes along this boundary. The two (2)most impacted rural lots have a 5:1 and 3:1 lot ratio respectively. • "Require new urban density subdivision which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger,more comparable lot sizes to buffer the interface between urban level densities and rural residential densities."(3.05.02F) Staff does not believe the transition proposed is adequate to the rural residential lots to the south. Commission should determine if the applicant's revisions to plan provide a transition as desired by the Comprehensive Plan. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties(stub streets)."(3.03.020) A stub street was approved at the north boundary of this property with the Aegean Subdivision preliminary plat which is required to be extended on this property with development. This street wou provides local street access to this development in accord with UDC 11-3A-3. The proposed plat does net depicts a stub street in the location of the stub street approved with the Aegean Subdivision. • "Incorporate creek corridors as an amenity in development design."(5.09.01E) The City's mapping depicts the Five Mile Creek on the north boundary and the McFadden Drain on the east boundary of the development. The submitted plans depicts minimal improvements or enhancements in these areas. Staff believes these areas should be improved as an amenity for the development. Both the Parks Department and NMID are not opposed to a pathway in the easement area, however the City's master pathways plan does not speciFcally call out one in this area. NMID is amenable to a pathway if the City is willing to amend the master agreement with the district. The Parks Department has indicated a pathway is not desired at this location and one is not required to be constructed with this development. The applicant is proposing to enhance this area with native gasses to preserve as many trees as possible to leave the area undisturbed and natural. This area is designated as common lots so the maintenance of the area is the responsibility of the HOA. Staff is supportive of this area remaining in a natural state however, the applicant should construct an internal pathway network through the internal common lots internal to the development that ties in the creek area for residents use as a recreational amenity (see analysis below for more information). • "Develop and implement programs to encourage and promote tree health and preservation throughout the City, including along waterways and within proposed development."(5.01.01E) The subject property contains many mature trees that will be retained or removed with development of the subdivision. The previous landscape plan indicates that 1,958 caliper inches of mature trees exist on the site. Many of them will be removed for various reasons. The plan indiewes of the 1,95-9 retained n the site. If The plat;vww has been designed with less density,so s belie+�es more of the existing mature trees can eeuld be preserved with the development. The applicant is indicated that the landscape plan will be updated with a new mitigation plan prior to the City Council hearing. Page 7 Page 162 Item#8. Staff believes the propose revised development plan is generallyconsistent with the vision of the Comprehensive Plan in regards to land use, open space, connectivity and density;A however,bec�se-tie pt still lacks transitional lots sizes on the south boundary. VI. UNIFIED DEVELOPMENT CODE ANALYSIS A. ANNEXATION&ZONING The Applicant requests annexation of 7.09 acres of land,which includes land to the section line of N. McDermott Rd.,with an R-8 zoning district consistent with the Medium Density Residential(MDR) Future Land Use Map (FLUM)designation in the Comprehensive Plan. The legal description and exhibit map for the area proposed to be annexed is included in Section VIII.A below. Proposed Use: The Applicant proposes to develop the site with 257 new single-family detached homes;the existing home is proposed to remain on a lot in the proposed subdivision. Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area is included in Section VII.A. A development agreement is not being recommended as part of the annexation request beeause Staff is Feeommending denial. B. PRELIMINARY PLAT The proposed preliminary plat consists of 26.9 buildable lots (include the lot where the existing home is proposed to remain) and 6-7-common lots a-ad 2 athe,.!a on 7 acres of land in the proposed R-8 zoning district. Lots range in size from 4,3533M to 13,92412,674square feet(s.f.). The plat is proposed to develop in one phase. Existing Structures/Site Improvements: There is one (1) existing home and some accessory structures on this site;the existing home is proposed to remain on Lot 11-3,Block 2—all accessory structures that don't comply with the setbacks of the district are required to be removed prior to signature on the final plat by the City Engineer. If the annexation and subdivision is approved,the existing residence should connect to City services and obtain a new address with development of the property. Dimensional Standards: Compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district is required. The minimum property size in the R-8 district is 4,000 square feet with a minimum street frontage of 40 feet. All of the lots conform the dimensional standards in UDC Table 11-2A-6. Access(UDC 11-3A-3): One access is proposed via N. McDermott Rd., a collector street; local street access is not available to this property at this time,however a local stub street was planned from the Aegean Subdivision to the north. The applicant is not proposing the extension of the roadway for interconnectivity between the two developments in accord with the Plan and UDC. due to the eest asseeia4ed with er-essing ever-the Five Mile Cr-eek for-the extension of the roadway. AC14D did fiet r-equiFe half the e0st of the er-essing 40M the develepeF of the Aegean pr-ejeet. Thefefefe,the er-essing half the eestwould be absorbed by the sttbj eet developer-with long term maintenanee by AGHD. ACHD is r-e"if-ifig the&4eftsion of the r-ea eensistent with their-pohey. Staff believes these two pr-ejeets shetild be eenneeted with a publie stfeet eemeetion. Page 8 Page 163 Item#8. intereonneetivity and the extension of stub streets with development. The stub street t vhoent-�Ahistqe4 shown on the proposed plat whieh is not eonsistent with the UDC or the Plan. The local street being proposed(Lupine Lane) does stub at the south boundary. This street does not meet the naming convention of the City and"Lane" should be removed from the street name as this nomenclature is reserved for private streets,not public streets. The street does exceed 150 feet, therefore a temporary turnaround is required.The applicant is proposing to construct a temporary turnaround on a common lot(Lot 10,Block 2),which decreases the usability of the area. Staff recommends that the applicant construct the temporary turnaround on Lots 13 and 14 in the southeast corner of the development to increase the open space for development. The reason for this recommendation is to ensure open space for the development remains intact without placing a burden on the HOA to remediate the removal of the turnaround area.In discussions with ACHD,this would not violate any of their policies. In addition to the stub stFeet not being&Eteaded, appr-o*im4ely half of the residential lots take aeeess driveways beeause of the separation r-equir-emepAs between the setzviees. They also oppose the extension of wiy mains (water-or-sewer-) in said dr-ivewa-ys as eufFeftfly proposed by the applieaI4. streets to improve vehieular-network. Staff finds exeluding the extension of the stub street and the exeessive numbeF of eommon dFiveways does not meet this objeetive of the subdh4sion regulations .. the UDC Pathways(UDC 11-3A-8): There are no pathways depicted on the Pathways Master Plan for this property. As noted above,the applicant is making an attempt to incorporate the irrigation facilities into the boundary of the plat. This area will remain a natural waterway that will be maintained by the future HOA. Staff believes the applicant could enhance this development if an internal pedestrian network were provided in the development. Staff recommends that the applicant include a 5-foot wide pathway within the following common lots-Lot 5 and Lot 10 AND provide another micropath lot at south boundary of Lot 14 in the SEC of the development.Further,the 5-foot wide pathway in Lot 10 should stub to southern property boundary for pedestrian connectivity when the property to the south re-develops. , � Oh.11D i 1 3 Q ,�d D UG 11 2 �r -o-a ��- Sidewalks(UDC 11-3A-17): A 5-foot wide detached sidewalk is required along the frontage of this site adjacent to N.McDermott Rd. The proposed plat depiets the 5 foot wide sidewalk outside of the r-equiFed landseape buffef adjaeeal to MeDefmett Read. The applieai4 should r-eleeate the sidewalk in the 35 feet wide landseape buff-er-to ensure eomplianee with theUBC=The plat as submitted complies with this requirement of the UDC. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required along N. McDermott Rd. (measured from back of curb), landscaped per the standards in UDC Table 11-313-7C. The proposed landscape plan depicts the buffer in a common lot as required by the UDC and landscaped in accord with UDC 11-3B-7C. Landscaping is required in common open space areas in accord with the standards listed in UDC 11-3G- 3E. Trees are proposed far exceeding UDC standards. Tree mitigation is required in accord with the standards listed in UDC 11-3B-IOC.As noted above, the property contains many mature trees that are proposed to be removed or retained as part of Page 9 Page 164 Item#8. the project(approximately 1,958 caliper inches).With the redesign of the plat,the applicant intends to retain more of the mature trees on the site as desired by the City. However,the revised landscape plan does not depict the number of caliper inches that may be retained as part of the development. The applicant has informed staff that it is their desire to update the plan with the mitigation plan prior to the City Council hearing. Staff is amenable to this request and recommends that 10 days prior to City Council hearing,the applicant should provide a revised landscape plan that includes the caliper inches that are to be retained and removed as part of the development. Further,this should be form of existing trees and mitigate 184 caliper inches. The remaining 1,320 caliper she are being mitigated.UDC 11 3B 10C.5(a) requires 0 replacement of the caliper inches. T mitigation plan as proposed by the applieant depiets mitigation of 184 ealipeF inehes whieh does not comply with UDC standards. The applicant should coordinated with the City Arborist on the mitigation p to ensure the development can accommodate as many caliper inches as possible. Qualified Open Space& Site Amenities (UDC 11-3G): Because the area of the preliminary plat is approximately 7 acres in size,the qualified open space and site amenity standards listed in UDC 11-3G-3 apply. The applicant is proposing to approximately 0.83 of an acre of qualified open space in accord with UDC standards.However, as noted above, staff has concerns with the temporary turnaround on Common Lot 10.If the temporary turnaround encumbered buildable lots as recommended above,there would be more useable open space provided within the development.Further, staff is recommending that the applicant provide an additional amenity in the form of an internal walking path system to integrate the irrigation facilities into the proposed development(see pathway analysis above).With the relocation of the turnaround and the inclusion of the internal walking paths, staff is supportive of the open space and amenities proposed for the development. The applicant has also indicated that a tot lot is proposed on Common Lot 10 however,the revised plan does not provide any details of this amenity. During the public hearing the applicant should clarify if a tot lot is proposed for this development.If one is proposed,the applicant should revise the landscape plan to include details of this amenity.T-he applieai4 has pfavided an opene e.ihibk to show how she Eler-ived at the "alif4ed open spaeo for-the development. in f:eviewing the submitted plan, some of the areas,the appheant is eounting towar-ds qualified open spaee does not meet UDC standards as follaws� 2. hot 6, Bleek 1 is not impr-eved with an amenit-y(par-king lot does not eount as an amenity) of meet the dimensional standa fls-(50' X 100')to E6tint to ar-E s qualified open space. r-emaved ffem the apen spaee ealeulations. if this area is not dimensioned 50' x 100' with thee r-emaval of imper-iwis stwf4ee, this area Elaes not meet the Gity's open spaee stafidafds. 3. Lot 15, Bleek 2 is pr-aposed to be developed with AGHD temper-ai=),tufnar-otifid. This area flffist be standards in aee6with UnC11 36 3B.7 and 8. in aeeer-dwith City and the iffiga4ion sta-adaMs and ifitegt:ated in the subdivision design as envisioned by the Gotflpfeheasive Plan,the appheant eetild ineltide this lot in the Open spaee ealettla4iens. Without this let, staff finds that the Etbialified open spaee pfOpOsedA,ith this 13r-Oj does fiat ee..ply with the stafidafds set 4h i UPC; 11 33G- 33.. Page 10 Page 165 Item#8. Amenities for-the development inelude a ga-zebe,tot lot and basketball eetii4 in eyieess of UDG-- ems. Waterways(UDC 11-3A-6): The Five Mile Creek/Mcfadden Drain runs along the northern and eastern perimeter of the property. The applicant is seeking Council waiver to allow the irrigation facilities remain open. This area will be contained in common lot to be owned and maintained by a future HOA. Further,the applicant is proposing to hydroseed this area with native drought tolerant fescue to enhance the area. Although it will not be improved with a pathway, staff finds that the proposed vegetation and retention of existing trees will complement the development and may provide passive open space to be used by future residents who are fond of wildlife viewing. Fencing(UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. The master fence plan complies with UDC standards. The!a-ndseape plan stibinitted with the application details the feneing proposed fef the pr-ojeet. Six f6E) fig along the aefth boundafy is adjaeent to a eefwnea lot and eafmat be 6 feet tall solid feffeiag as pfopesed by the appheafft. The feneing along the entire nOFth boundaFy of the buildable lots,ineluding Lot 14 and 15,Block 1,must be eonstrueted as a 6 foot tall SeMi PFiVaeY fenee as proposed along the ipAer-ier-eammen lets within the subdivision. Six feet tall semi pr-ivaey feneing is pr-oposed along the 44efnal eefwnen lots and the fioi4hefn battfidaf:� of Lots 16 22, Bleek 1 is aeeewith UPC sta-,.1.,,- s Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-I5): An underground pressurized irrigation(PI) system is required to be provided for each lot within the development as set forth as set forth in UDC 11-3A-15. If a PI pump station is required on the developed property, such station shall be on a lot solely dedicated to that pump station and shall be owned by the entity that owns and maintains the PI system as set forth in UDC 11-3B-6E. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Storm drainage will be mitigated with private drainage ponds at the end of the proposed common driveways and public street drainage is proposed to accommodate in common Lots 2 and 13,Block 1. Because ACHD drainage ponds are proposed within common lots,the proposed ponds must be designed in accord with UDC 11-3B-I I or removed from the open space calculations. Building Elevations: Conceptual building elevation photos were submitted for the proposed homes, as shown in Section VII.E. Building materials are proposed to consist of a mix of stucco,wood, and stone wainscot. Field and trim materials are distinguished by color and texture;window and door openings are accentuated with trim. Page 11 Page 166 Item#8. Because the rear and/or side of 2-story structures on lots that abut N.McDermott Rd.will be highly visible, Staff recommends those elevations incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses,step-backs,pop-outs),bays, banding,porches,balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines.Single-story structures are exempt from this requirement. VIL DECISION A. Staff: Staff recommends auprovaldeniul of the proposed Annexation and Preliminary Plat in accord with the Findings in Section IX. B. The Meridian Planning and Zoning Commission heard these items on June 18, 2020. At the public hearing,the Commission voted to recommend approval of the subject AZ and PP requests. 1. SummM of Commission public hearin&. a. In favor: Penelope Constantikes and Derritt Kerner b. In opposition:None c. Commenting. None d. Written testimony: Sue Wag e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Adrienne Weatherly 2. Key issue(s)of public testimony a. Will the proposed development affect the wells and water quality of the Apple Valley residents. 3. Ke, ids)of discussion by Commission: a. Lot transition on the south boundary b. Coordination with NMID on allowing the walking 12ath connections to the Five Creek/ McFadden Drain easement area C. Relocation of the temporary turnaround on lots 13 and 14 d. Future extension of the stub street on the south boundary 4. Commission change(s)to Staff recommendation: a. Struck condition 2e and 3c requiring the relocation of the temporary turnaround on buildiable lots on the east side of Lupine Lane b. Modify condition of approval 2b.requiring the pathway connections to the irrigation facilities if allowed by the NMID 5. Outstandingissue(s)ssue(s) for City Council: a. Applicant is seeking Council waiver to keep the waterways (Five Mile Creek/ McFadden Drain) open in accord with UDC 11-3A-6. C. The Meridian City Council heard these items on July 21,2020. At the public hearing,the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing a. In favor: Penelope Constantikes b. In opposition: None C. Commenting: Gennie Fishburn d. Written testimony:None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None Page 12 Page 167 Item#8. 3. Key issue(s)of discussion by City Council: a. Fencing along the open waterwav(sl. b. Landscaping proposed in the NMID easement area. C. Methods for restricting access from residents recreating in the NMID easement area. 4. City Council change(s)to Commission recommendation. a. Council granted the waiver to allow the Five Mile Creek/McFadden Drain to remain an open waterway in accord with UDC 11-3A-6. Page 13 Page 168 Item#8. VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map GRl7P w z fF�IL'u�asQlb+R `: o 1602 W.Hays St.,Suite 306 Boise,ID 83702 s �� www.accu ratesu rveyors_co m Land Description-Annexation A parcel of land being a portion of the Southwest quarter of the Northwest quarter of Section 33,Township 4 North, Range 1 West of the Boise Meridian,Ada County,Idaho being more particularly described as follows. BEGINNING at the found 2-inch aluminum cap monument in asphalt labeled PLS 7729 at the Y.corner common to Sections 32 and 33 In said township from which the found 3- M inch brass cap monument in asphalt with illegible labeling at the section corner common to Sections 28,29,32 and 33 in said township bears N 00'32'36"E a distance of 2633.71 feet; Thence N 00'32'3V F along the section line and along the centerline of N. McDermott Road for a distance of 334.34 feet to a found 5f 81 inch iron pin upon which a 2-inch aluminum cap labeled PL5 11463 was placed; Thence N 85'03'27"E along the centerline of the McFadden Drain(aka Teeter Grainy for a distance of 751.67 feet to a found 5/811 inch Iron pin with a plastic cap labeled PLS 13256; Thence S 19'45'03"E along said centerline and its extension for a distance of 435.77 feet to a found 5/811 inch iron pin upon which a 2-inch aluminum cap labeled PI-S 11463 was placed; Thence N 89'17'46"W along the center section line for a distance of 899.36 feet to the POINT OF BEGINNING. Parcel contains 7.086 acres,more or less. t 4 11463 9m .19 or VA Flu J.a� 1602 W.Hays St.,Suite 306 n Boise,ID 83702 r. Phone:208-488-4227 www.accuratesurveyors.com Page 14 Page 169 Item#8. A A T1 0 A-P 4000 N. MCDERM077 RD. MEROIAN IV- 53646 LWNG MTHIN THE 5W 114 OF THE MW 114 OF SEC7TON 33. T.4IV., R-IW, 3-M- 29 2$ 10 32 33 sscTlau GOR�VER �s CP&F Na. 2019--01 71 65 Lai ILLEGIBLE q a 11463 ' V27m mass J. ❑ cy 751.6 7' a N 5_z 2"ALUM. � L U4P, PLS 1146s KD 7.086 Acres � w SCALE: 1'=My Z� �} G'-� 4 CO12NfR SEC 7TON 33 CF&F Na t06023324 32 M8977'46"W PLS 5467 CP&F�u{R ° svr N 89'17'46" W 89906' SET.?'ALUM, 20 16-720634 CyyNr CAP, PCS I1463 PIS 7728 LEGEND BOUNDARY LINE -- 51 C77CN LINE Q FOUND 3 t��z BRASS CAP 9AS1S OF �E�VRtHG MWUAkW 01V ASPNALT N 00'38,36" E BETWEEN FOUND MONUMENTS �irs 0 o2 �c FOUND 2- ALl/MfNUM GAP AT THE 714 CORNER COMMON TO SECTIONS � MONUMENT W ASPHALT 32 & 3T SEC THrON SECT70. 32. NER COMMdIV TO Sr=CTIO�IS 2$ 29, 32, 8c 33. 0 FWN0 518" IRON PIN, W O 1600 W. HNye Street #806 WTH PLASW GAP, OR AS NCiED t Soise, Idaho M08 s 0 (206) 486-4227 www,aoourate al3rveyors.com DATE: JULY, 2019 JOB 19-178 Page 15 Page 170 B. Preliminary Plat(date: 11/7/2019 05/14/2020 PRELUMLARYPLATFOR LUPINE COVF SUBDIVISION LY1NG1NA?ORnoN07THRswV4 OFTHENW14OFSECTION3$ T4N,R1W,BM.MER10AN, ADA COUNTY,I DAHO 2020 M .5 ZT EEg �L�m— —.am .................. EM ER ---------------- ------------- -4 O C) A-�A41 JR, . ................ G Page 16 C. Landscape Plan(date: 10/16/2019 0540402-0 07/13/2020) F=�� Em EEE=-=-r -SEIEBEaF - 0 CD) (D (D 0 D 0 0 0oo (DO 0 (D 0 nmcnnoru L100 Page 17 Item#8. ! t fiAM SfJ1Ep1LE REFHiENGENOiE55GHEIXRE O ! 74 ID Py a � o © o © --- o w y 00 Uk- � 0 M FLA SO o o o - L Li Lu IaunscnrE f o o _ L101 ! 1 _ q d.,m.��a�o.a s��.s..a Wm •.Li !� eatLaeuuavmEE w.wnN� sxaue arAuriNc !Y 1 ! -3.BFEErN HEI('FiT CLOSE�VISION F9JCE n^'-•FNiNAIE FENLEBri£rIN HEfGIR l'J••• m WVVV Z [V � f i_ i { f - - VN6SGlPE Lt rALS f 15 GAZE60AMBJNY.NEFEHENGE IIIaCE ..� L102 i Page 18 Page 173 Item#8. D. Conceptual Building Elevation Photos �r 11 ira+ rr�. ■■rr moms s, Page 19 Page 174 Item#8. m u ry'F� :FYI !9 Page 20 Page 175 Item#8. IX. CITY/AGENCY COMMENTS & CONDITIONS (NO CONDITIONS OF A PPRO17 A i DUE TO STAFF'S RECOMMENDATION OF DENIAL) 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 b. t�pplicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the propelu 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 preliminarYplat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VIII and the provisions contained herein. b. The rear and/or sides of 2-story structures on Lots 2-4,Block 1 and Lots 2,Block 2 that face N. McDermott Road shall incorporate articulation throughges in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs), bays,banding porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. 2. The preliminaryplat included in Section VII.B, dated 05/14/2020, shall be revised as follows: a. Add a note to the final plat that prohibits direct lot access to N. McDermott Road. b. Add a micropath lot on the south boundary of Lot 14,Block 1 in the SEC of the development in accord with UDC 11-3A-8 and 11-3B-12, if allowed by NMID. c. The internal streets proposed within the development shall comply with the street naming standards in Title 8. d. The existing residence on Lot 13,Block 2 shall connect to City services and obtain a new address with development of the property. e. The temvor-av�tffnar-otmd on Common Lot 10 shall be r-elpeated on the east side of kt!pifie Lane and eneo—er-buildable lots. 3. The landscape plan included in Section VII.C,dated 054 M 07/13/2020, shall be revised t A} as follows: a. The applicant shall coordinate with the City Arborist on the tree mitigation plan to ensure the development can accommodate as many caliper inches as possible. b. The applicant shall construct preyle anothef micropath lot at south boundary of Lot 14 in the SEC of the development, if allowed by NMID. Page 21 Page 176 Item#8. o. The temoofafv c icrvcaa-arciroirromioi Lot 10 shall be landscaped iiaccorar` UDC 349-3L- D -:. the „blie heafinii�the , 1:,an, shall elar-ifv if a tot lot: pr-oposedd-for-this devel The ., plioapA shall provide., detail of the ch l.]re 's WaNx stndeture propose.] on(''..,.„Y.o rot 44, 4. Future development shall be consistent with the R-8 dimensional standards listed in UDC Table 11-2A- 6. 5. Off-street parkin is s 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. Applicant shall construct homes consistent with the homes elevation in Exhibit VII(D). 7. Developer shall comply with all ACHD conditions of approval. 8. The Applicant shall have a maximum of two (2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 9. Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 10. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laving adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. NOT-E The ., olicant; eeki p Ci r,.,,ncil waiver-to leave the adia,ent.=,.,t,.r-w . The City Council approved the Five Mile Creek and McFadden Drain to remain open - B. PUBLIC WORKS 1. Site Specific Condition of Approval 1.1 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary_plat area must be paid with the first final plat application. 1.2 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement Fees in the amount of$185.43 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary_plat area must be paid with the first final plat application. 1.3 As designed,the water mainline will be a long dead-end main,which may result in poor water quality. This dead-end situation won't be eliminated until the parcels to the south are developed. 1.4 The water mainline in McDermott Road must be extended to the southern grope , line extended. Water mainline sizes were not indicated on the preliminary development plans, however the McDermott mainline must be 12-inch diameter and the Lupine Lane mainline shall be 8-inch diameter. Page 22 Page 177 Item#8. 1.5 The maximum slope of sewer mainlines is 5.0%due to limitations on our collections televising equipment. Please revise sewer grade between existing SSMH(within McDermott)and the upstream manhole, SSMH Al. 1.6 The geotechnical investigative report prepared by SITE Consulting,LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes, and that storm drainage systems function properly. Applicant shall be required to submit updated groundwater monitoring data and any new geotechnical investigative information that has been derived since the initial investigation efforts of April 20,2019. 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 The applicant shall provide easements 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 usingthe 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. 2.3 The City of Meridian requires that pressurized irrigationystems 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 receivingdevelopment plan approval. 2.4 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 reassipnent of street addressing to be in compliance with MCC. 2.5 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or la, iinng 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. 2.6 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 Page 23 Page 178 Item#8. for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at 208)334-2190. 2.7 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. 2.8 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. 2.9 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. 2.10 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-313. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.12 It shall be the responsibility of the applicant to ensure that all development features comply_ with the Americans with Disabilities Act and the Fair Housing Act. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-31-l. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage fg acility 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. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. Page 24 Page 179 Item#8. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A�copy of the standards can be found at http://www.meridiancity.oMlpublic_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety, in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The sure, 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. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The 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://weblink.meridianciU.org/WebLink/DocView.aspx?id=181295&dbid=0&repo=MeridianCitX D. POLICE DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=182011&dbid=0&repo=MeridianCity E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancioy.orglWebLink/Doc View.aspx?id=182431&dbid=0&repo=MeridianCity F. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=181358&dbid=0&repo=MeridianCitX G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=181368&dbid=0&repo=MeridianCiby&cr =1 H. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=183096&dbid=0&repo=MeridianCitX I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.orglWebLinkIDoeView.aspx?id=183480&dbid=0&repo=MeridianCitX 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: Page 25 Page 180 Item#8. 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Council finds the proposed development is consistent with the vision of the Comprehensive Plan in regards to land use, open space, transportation and density however, the plat lacks transitional lots sizes on the south boundary. (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 Council finds the proposed map amendment and development complies with the purpose statements of the residential districts in that it will contribute to the range of housing opportunities for the community consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future residential uses in the area, if transitional lot sizes are provided along the south boundary. 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 Council finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. The Council finds the proposed annexation is in the best interest of the City as the proposed development is consistent with the Comprehensive Plan and UDC standards. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord.08-1372,7-8-2008,eff. 7-8-2008) The Council finds the proposed plat is generally in conformance with the Comprehensive Plan and 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 Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The Council finds there is public financial capability of supporting services for the proposed development. Page 26 Page 181 Item#8. 5. The development will not be detrimental to the public health,safety or general welfare; and The Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. The Council finds there are natural features (Five Mile Creek and McFadden Drain) that need to be preserved and enhanced as part of the development. Page 27 Page 182 E IDIAN IDAHO Development Agreement for Sky Mesa Highlands (H-2019-0123) Between City of Meridian and Donald Cantrell(Owner) HHS Construction, LLC (Developer) ADA COUNTY RECORDER Phil McGrane 2020-099420 BOISE IDAHO Pgs=45 BONNIE OBERBILLIG 08/06/2020 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: DEVELOPMENT AGREEMENT I City of Meridian 2. Donald Cantrell, Owner Construction, , Developer THIS DEVEL PMENT AGREEMENT (this ree ent), is made and enteredinto this , by and between , a municipal corporation of the StatO of 141o,hereafter called saddress is 33 E.Broadway Avenue, Meridian, Idaho 83642 and Donald Cantrell, whose address is PO BoxOise, ID 83705, hereinafter called OWNER and IIHS Construction, LLC, whose address is 729 S. Bridgeway Place, Eagle, ID 83616,hereinafter called DEVELOPER. 1. : 1.1 WHEREAS, Owner is the sole owner, in law and/or e i ,of certain tract of land in the County of Ada,State of Idaho,described in Exhibit"A",which is attached hereto and by this e er c incorporated heri s if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§67-6511 A providesthat cities may,by ordinance, require Or permits a condition of zoning that the Owners and/orDeveloper make a writtencommitment concerning the use or development of the subject Property; 1.3 WHEREAS, Citys exercised its statutory authoritye enactment o Section 11-513-3 of the Unified Developmente ("UDC"), which authorizes development agreements the annexation and/orre-zoning o land; and 1.4 WHEREAS, Ownerand/or Developer have submittedan applicationO annexation zoning of 31.96 acres of land with (medium to densityresidential) zoning i tric on the property listed in Exhibit "A" (attached),under the UnifiedDevelopment Code,which generally descri, s how the Property will be developedt improvements a ill e e; and i 1.5 WHEREAS, Owner and/or eve oper made representations at the public hearing before the Meridian PlanningZoning ® issi and the Meridian City Council, as to how the Property will be developed and what improvements ill be e;and a a 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning before the PIanning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment;and 1.7 WHEREAS, on the 7`h day of April, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings"),which have been incorporated into this Agreement and attached as Exhibit"B";and 1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request;and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC,Title 11. NOW,THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian, Idaho 83642. 3.2 OWNER: means and refers to Donald Cantrell,whose address is PO Box DEVELOPMENT AGREEMENT-SKY MESA HIGHLANDS(H-2019-0123) PAGE 2 OF 8 5099, Boise, ID 83705, the party that owns said Property and shall include any subsequent owner(s)of the Property. 3.3 DEVELOPER: means and refers to HHS Construction, LLC, whose address is 729 S. Bridgeway Place, Eagle, ID 83616, the party that is developing said Property and shall include any subsequent developer(s)of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcel to be bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terns and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: 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 therein in the Staff Report included in the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B„ b. The existing home proposed to remain on Lot 28,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 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 DEVELOPMENT AGREEMENT-SKY MESA HIGHLANDS(H-2019-0123) PAG 3 OF 8 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. f. The City Council approved the Applicant's request for a waiver to UDC 11-3A-3A.3 to allow the existing accesses via Eagle Rd. to remain for Lot 28,Block 1 until the property redevelops in the future. Upon redevelopment, access shall be taken internally from within the subdivision via a common driveway and emergency access shall be provided as shown on the conceptual redevelopment plan included in Section V1I.13 of the Staff Report included in the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B". 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement,Owner and/or Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(l 80)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2,Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws,ordinances and rules,including any applicable provisions of Idaho Code§§67-6509 and 67-6511. Owners and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants,agreements,conditions,and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all ofthe Exhibits,and submit proof of such recording to Owner and/or Developer,priorto the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph I I above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail,registered or certified mail,postage prepaid,return receipt requested,addressed as follows: DEVELOPMENT AGREEMENT-SKY MESA HIGHLANDS(H-2019-0123) PAGE 5 OF 8 CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E.Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNERS: DEVELOPER: Donald Cantrell HHS Construction,LLC PO Box 5099 729 S. Bridgeway Place Boise, ID 83705 Eagle, ID 83616 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. 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's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto 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 of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation ofthe Property,or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,ortaking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written,express or implied,between Owner and/or Developer and City,other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force atthe time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures,acknowledgements,and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: HHS struction,LLC Donald Cantre By: C,i u Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson,City Clerk DEVELOPMENT AGREEMENT-SKY MESA HIGHLANDS(H-2019-0123) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada ) On this. i day of z_. f ,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared Donald Cant Ill kr6wn or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNF• •W •�I have hereunto set my hand and affixed my official seal the day and year in this certificate first'Ip age �� je••,•• (SEAL) . AOTA/e),S; "UB L1C = No P c f rf4bli Idaho Residing at: 1 p clti) 4 ••.,��9 :;�N�`9P�i0•� My Commission xpires: '7 j4 STATE OF IDAFf8.1.,,�qF••••••••• ss: County of Ada ) On this�day of 3M\ ,2020,before me,the undersigned,allotary Public in and for said State,personally appeared TjjMu E}, 1 �� ,known or identified to me to be the of HHS Construction,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) MRA SCHOFIEW COMMISSION#9*16 NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO Residing at: MY COMMISSION EXPIRES 06l02=1 My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this 4th day of August ,2020,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 Item#9. EXHIBIT A UB J-U-5 g"Ngmh 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 the southeast comer of said Section 32,Township 3 North,Range 1 East,Boise Meridian, from which the south quarter comer 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 1 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,298.92 feet; 3) N 69-22-09"W,74.72 feet; 4) S 86*16108"W,79.22 feet; 5) N 63-20-09"W,24.81 feet; 6) N 45'18'10"W,20.07 feet; 7) N 45-23-07"W,105.37 feet; 8) N 36'35'59"W,199.55 feet; 9) N 75'46'48"W,61.61 feet; 10)S 75'04'22"W,88.17 feet; 11)S 44'58'11"W,89.60 feet; 12)N 89'50'51"W,197.33 feet to the west line of said Southeast Quarter of the Southeast Quarter, Thence N 00'13'08"E,874.31 feet along said west line to the northwest comer of said Southeast Quarter of the Southeast Quarter; Thence S 89'48'42"E,1,329.75 feet along the north line of said Southeast Quarter of the Southeast Quarter to the east line of said Section 32; Thence S 00*13*37"W,1,338.07 feet along said east line to tiO� SG the POINT OF BEGINNING,containing 31.96 acres,more or less. p 4 END DESCRIPTION G o This description was prepared by me or under my supervision. If any T OF portion of this description is modified or removed without the written Z. consent of Robert L.Kazarinoff,PLS,all professional liability associated with this document is hereby declared null and void. 11/20/2019 Page 1 of 1 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 n 208-376-7330 1 www.lub.com AIMs f �: Item#9. EXHIBIT A 0 ' ND sf lE OF 0 400 800 FOP L. KAl Scale in Feet Lire Table Lire 0 Nectior Lergih L 275.1,7' I � 4U.OG' c c L %%"W"�)'E 09.46' c LL �c8'00'17V 288.32' 189*L8'=2"E ',329.75' w Lb \69'22'09"Af 7.1.72' c LE SH6,16'GH,"0. 19.22' 1 L7 \63'20'09"4r 24.c81' E // O 'rP. w SE '/4 a- LH %41.j-8'1U"';r 2U.U1' o ',-�P.t tIOCI 32 L9 \4'':'2"'01"IN L'0 `:36'35'59"W '99.55' '� � L 1 1 L Lt' N7546'4P."W '51.61, L14 t K / f^ L'2 S 75'04'22 0. ri8 '1' L i n<' — r L7 O L 3 cc4'58'i 1"'r'1 89.5c' 9f O LS � L8 - 1 6 Lq N:rtl-crly L2 �. Righ,—o`—Vlay Lire�� E Lake Hazel woad ---- - N89'56'45A 2-359.'8' Sky Mesa Highlands Subdivision uw".new.na wvuuuwu�cs,rt�nx wanev.•,r^wr SHEET Ch of Meridian Annexation wwe TtA motet wf.allrirt F�wcn Wil(a ptiC 614. wwer�rv.o waauerasr wa we Portion of the Southeast Quarter of the Southeast Quarter of Sect on 32 Of ,�t1z y Township 3 North,Range t East,Boise Meridian.Idaho J — Exhibit B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�fEP,1DIAN%-..,AND DECISION&ORDER y N H O In the Matter of the Request for Annexation of 31.96 Acres of Land with an R-4 Zoning District; and a Preliminary Plat Consisting of 75 Buildable Lots, 11 Common Lots and 2 Other Lots on 30.6 Acres of Land in the R-4 Zoning District,by Todd Tucker,HHS Construction,LLC. Case No(s). H-2019-0123 For the City Council Hearing Date of: March 24,2020(Findings on April 7,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 24, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 24,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 24, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 24,2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof.The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 24,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation&zoning and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 24,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of March 24,2020 Item#9. By action of the City Council at its regular meeting held on the 7th day of April 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 4-7-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SKY MESA HIGHLANDS—AZ,PP H-2019-0123 -4- EXHIBIT A STAFF REPORT E IDIAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING March 24, 2020 Wegend DATE: Continued from:February 4 and 25, Il..l1v- a-ur x and March 10, 2020 l..lJ P}ve Loc xk TO: Mayor&City Council FROM: Sonya Allen,Associate Planner - 208-884-5533 - Bruce Freckleton,Development Services Manager 208-887-2211 - ---- SUBJECT: Sky Mesa Highlands 5 � � H-2019-0123 LOCATION: Northwest corner of S. Eagle Rd. and E. - --- ----- Lake Hazel Rd., in the SE '%4 of Section 32,T.3N.,R.1E. (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;2 1%(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.£ in area)above the minimum required;Applicant also Page 1 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 es/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 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 project. 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 C. Project Area Maps Future Land Use Maap---� Aerial Map (Legend Low,De �ihq� 0 fLegend 6°L-- P► i Lnc®lfior ResidenG� I I Projec Lcc a-ar IU Resid� f181 " �••' euuue" e- - 0511A1IL a a AI Med_H igh De ns dY • ential Zoning Map Planned Development Map (Legend RUT NO (Legend IProl =t Lr�cafion IPrc"F� Lc a 'ar ?'� + i City uryft RF RT � L~C — Plonned Parcels rrrrrrm OHM RUT Q R-1 r l i I I i i RUT I , R-8 - R-4 R- 45 �S 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 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.meridianci U.org/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.meridiancitv.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 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.£);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)phaseds. 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, 11-3H-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 11- 3C-6. Guest parking can be accommodated on both sides of local streets. Page 6 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 11-3B-7C. L. Landscaping(UDC 11-3B): Landscaping is required to be provided with development as set forth in UDC Table 1 I-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 11-313-7C.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 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-6mL 11: 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 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) public testimony a. Mr. Thurber requests the proposed irrigation system,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 b. Ms. Ewing requested information on who will maintain their irrigationystem;what type 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 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. Key issue(s)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 piledj; 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 existing home 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 secondary 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 b, t�pplicant(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 to the southern boundary of the site on Lake Hazel Rd. (see DA provision 4A.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). £ 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.ld 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 l l-lA-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 safeU can be preserved. The Commission recommends Council approve the Applicant's request fora waiver. (Condition#A.8 in Section VIII b. 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 he 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.N 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. Eagle Rd.),to allow the driveway access via Eagle Rd. for the existing home on Lot-328,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. C. The Meridian City Council heard these items on February 4 and 25,and March 10 and 44.2020. At the public hearing on March 24`h.the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Todd Tucker,Applicant's Representative: Travis Hunter.Applicant b. In opposition: None c. Commenting:None d. Written testimony: Southern Rim Coalition e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. The Southern Rim Coalition has the following comments. 1 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: 1) 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. 2) 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: Page 11 3,. Key issue(s)of discussion by City Council: a. The area of the qualified open space without the slope areas: b. Impact of proposed development on area schools(comments were not submitted from WASD c. The Applicant's request for the scenic easement to only apply to Mr. Cantrell's property and not adjacent properties: d. The proposal to count amenities in previous phases of Sky Mesa to the north toward the requirement for this subdivision: e. The nature of the existing access (i.e. 3 driveways to Eagle) for the existing home and the Applicant's request to retain the accesses f. The Applicant's request to leave the western portion of the Grimmett Lateral open and not ipe it. 4. City Council change(s)to Commission recommendation: a. The City Council approved the Applicant's requests for a waiver to UDC 11-3A-3A to allow the existing accesses via Eagle Rd. for the existing home to remain: and a waiver to UDC 11-3A-6B.3 to allow the Grimmett lateral along the west boundary to remain open and not be piped. b. The City Council did not require the street buffer and detached sidewalk along S.Eagle Rd.to be extended across the lot where the existing home is proposed to remain(delete conditions#A.2b and#A.2c in Section VIIII. Page 12 Item#9. VII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map � IAwoa � ANG("JUBJ-U-B GOM PAN IES NM GROUP INC. J•U-8 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 the southeast corner of said Section 32,Township 3 North, Range i 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°20'09"W,24.81 feet; 6) N 45'18'10"W,20.07 feet; 7) N 45°23'07"W,105.37 feet; 8) N 36-35'59"W,199.55 feet; 9) N 75°4648"W,61.61 feet; 10) S 75"04'22"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,874.31 feet along said west line to the northwest corner of said Southeast Quarter of the Southeast Quarter; Thence S 89°48'42"E,1,329.75 feet along the north Fine 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 the POINT OF BEGINNING,containing 31.96 acres,more or less. END DESCRIPTION O 0 This description was prepared by me or under my supervision. If any 4r or�© O portion of this description is modified or removed without the written Z. KA consent of Robert L. Kazarinoff,PLS,all professional liability associated with this document is hereby declared null and void. 111201201-9 Page 1 of 1 c 250 S.Beechwood Avenue,Suite 201,Borse,ID 83709 o 208-375,7330 r www.ju b.corn Page 13 Item#9. 0 400 800 FAT 1. ILAI 11/20/2019 Scale in Feet Line Table Line # direction Length L1 N89'56'45"W 275.07' L2 N0903'15"E 40.00' ec L3 Np0'03'15"E 109.46' L4 N68*00`17"W 288.92' S89'48'42"E 132.9.75' w L5 N6T22'09"W 74.72' Vi L5 S86'16'08"W 79,22' L7 N63'20'09"W 24.81` 00 SE 1 /4 of the SE 1 /4 of o L8 N45.18'10"W 20.07' 00 00 Section 3 L9 N45`23'07"W 105.37' 10 LrG N36'35`59"W 199.55' 0 � � L11 Z L1` N75'46'48"W 61.61' L14 L'2 575'04`22"W 88.17' L1 3 �° L 3 S44`58`1 1"W 89.60' �S L14 1N89'50'51"W 197.33' L8 LCI CQ Northerly L2 2 Right—of—Way Line_ J L1 32 33 � �Z E. Lake Hazel Road 5 4 N89'58'45'W 2659A8' < EM,NL T1nLCRP91L1TE�HEFEk J�FiGI �— E Sky Mesa Highlands Subdivision SHEET _ ,�.EM CF FRYESBI�WL EEiiVh'£,u^THE PflOPER1TGF _[i6,�NC CS NO'i0BE 119E6,NW%IiE 4RPWtF —9Y FIIR � � City of Meridian Annexation FfiCt —T—T—E9B YPITCEn �F l4B BMBWEER9 1 of 1 Portion of the Southeast Quarter of the Southeast Quarter of Section 32 sue ENGINEERS,INC. Township 3 North,Range 1 East,Boise Meridian,Idaho n=,•rsion oEscRmrFxl ev FR ]ATE Ews- Page 14 Item#9. B. Preliminary Plat(date: 10/''�19 1/17/2020),Phasing Plan&Conceptual Plans PRELIMINARY PLAT FOR SKY MESA HIGHLANDS SUBDIVISION SMA4TEOINiHE9DUnfA8TQURiEROF111EWJ'rHEASf OIM RSMnDN 92 SHEET INDFJ( TOYR79lNP 9 NORTH RANGE 1 FIST.BOISE MERIDIAN xx •a* MERIDIAN,IDAHO f S ewe. m 20113 -_-_ ___ � �u.nMYIEGBID T - - - ----------- lit - it �-A��--,-- i �--. � �_��..:�-�-� ;�:�:..��..�_.,�.•� ��,� _ 3 -I I.x's' --- l ..:.s'^ SK&wm"sEn m.-•n->n, 3 $ i N- - -- — — - - — - -- �m� ---------- ---- --- ---- _ � ._ - __ -- - --'� > --- -+•---- - - =-----A- -----� --.T--T-------------- -- r--- ,•••"^• mx. IVWCAL SIaME� DDR� NElWV 3EC11DN � W _ m I Qtlr � - PP-D2 Page 15 Item#9. -- ----- ------ ------ s mm I 7 I I - `II z-` vi .. - _. _ _ _- _ _ - __ _ _ _ _L-_ _ _--L _. _ _ - _ _ I � p�-as F PkMSE A TEMPORARY SECONDARY ACCESS ROAD I ' f 20'ALL WEATHER SURFACE �.I Page 16 Item#9. Revised concept plat for adjacent property to the north(Sky Mesa) showing access to the subject property II� _ 5587 r'�Ij 2821 2843 2865 2867 2909 2$3` 2953 2975 I �So6 '9 I I II I 2 3 4 5 6 7 BLOCK 4 �I U - nre� 5�1,6 71: «, IA '1 17 K 16 8 15 11 � - I � _ LLIII L - -- -- - - -—————— —_ \ C Ir r `. rr is Ir_ _ L.T r LOT MI%TGTAL 512E Nn s a5 05 0 r ��ox51 oorwxcvio�Csil ovrmvccv�ui oio-zmu.i� xo w+w�xl axsraevu s5 al.eol SKY MESA a5a a BOISE HUNTER HOMES Conceptual redevelopment plan for Lot 2928,Block 1 NEW COMMON LOT WITH U OMMON DRIVE WAY � Lort I 104Maq ft ,3p e� � LOTS I io,��eq_Ie I 0 50 f00 R' SGPLE IN FEET RG URDS Y9'WIDE EMERGENCY HICLE PCCESS ' Page 17 Item#9, C. Landscape Plan(date: 10,122,12019 1/30/2020) & Site Amenities in Sky Mesa Subdivision ® eLINM E It 11 WO 9PSLHID BV16lP TFtEE.PL9NIING ,�. SHX1B Pdtu'llIM3 •�••••�••••'•��4•• •'� �° it I'3 =CUED n3ida'f NCE ems« 14.B CaDEEDNSlON FENCE a .... '. 9�9' �• llWDSGPE � i - � a �.rr ' L5Nh9CPDE 5.CNANC�i[61DEVJAIK6AOJ lAND N�.iT .,y.- � OVERJIEW _._._...._..__ .,.L10D 8 Page 18 Item#9. { Page 19 Item#9. Mims AMENITIES LOT®��`y AMENITIES LOT 1 SWIMMING POOL SWIMMING POOL CLUB HOUSE IN CLUB HOUSE BALL FIELD �� BASKETBALL COURT : PLAYGROUND ■mmm :.;: 7 IBALL FIELD 2 SWING SET DISTANCE TO AMENITY LOT 2 2,400 FEET =! ■ ■® DISTANCE TO AMENITY LOT 1 �� 950 FEETy�� - -� 1 - SKY MESA HIGHLANDS 1 i Page 20 Item#9. D. Qualified Open Space Exhibit(Revised) 1 � I 9837 SF I ` I I 1 xue iu rpgr I AC. QUALIFIED tse9a sr OPEN SPACE HALF OF 0,95 AG. BUFFER = 0.A2 AC 1 I 6.55 AC.TOTAL 67851 SF QUALIFIED OPEN SPAC€, I 89885 SF 1.02 AC.PARKWAY SKY MESA HEIGHTS SUBDiVISEON MERIDIAN,IDAHO OUu IFIEG OPEN SPUME EXHIBIT Page 21 i i II Item#9. F. Line of Site Exhibit for Lots 15-27,Block 3 PROPERTY LINE 140'1 135't LINE OF SIGHT LINE OF SIGHT Raw. HYPER DRR --EXISTING XISTING FCUSE-PAD 764� EXISTING HOUSE PAO �`� 0 ELEVATION -2760 EXISTING GROIlrD i 20' - 6,— PROPOSED GRADED PROPOSED PAD �� 2 :1 MAX SLOPE ELEVATION = 2730 / PROPOSED GRDUrD J 2:1 SLOPE B©ISE HUNTER SKY MESA HIGHLANDS LINE DE SITE EXHIBIT HOMES VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 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,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 N28,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. Page 23 Item#9. At such 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 siPnature on the first phase final plat by the City En ig neer. f. The City Council approved the Applicant's request for a waiver to UDC 11-3A-3A.3 to allow the existing accesses via Eagle Rd. to remain for Lot 28,Block 1 until the property redevelops in the future. Upon redevelopment, access shall be taken internally from within the subdivision via a common driveway and emergency access shall be provided as shown on the conceptual redevelopment plan included in Section VII.B. 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 dr-iveway aeeess via S. Eagle Rd. on Lot 2928, Blook 1 where the existing home is to r-e i i j with UDC 11 3A 3A.3, unless other-wise waived b The City Council approved the Applicant's request for a waiver to UDC 11-3A-3A.3 for the existing driveway accesses to remain until redevelopment occurs. b. Extend the detaehed sidewa4k along S. Eagle Rd. aer-ess Lot 29M,Bleek 1 where the existing home-is tee i 1s4 w4hUPC 11 3A 17. Council did not require the sidewalk to be extended across this lot. e. Extend the minimum 25 feet wide street buffer-along S. Eagle Rd. aer-ess the fiel4age e Lot+29 Bleek i l tf ,.h i UDG Table i i 5 , a i i �r 2. �vrvcicriir-E�E9iiaiavirzvt-a�-�c 9r - -=zA �i�ixcr-r-r-�—rc�-cr. Council did not require the street buffer to be extended across this lot. d. ' on a eewunaen driveway,whieh doesn't r-equir-e ffot#age per-UDG 11 2A 3B and Table W 2A-. The revised plat depicts access via a common driveway. 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. £ The existing home and accessory structures proposed to remain on Lot 2-928, 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 depieted along the west and north pr-opeFty boundaries shall be ineluded in eommon lots outside of a feneed area, unless other-wise modifi Page 24 Item#9. by City Couneil per-UDC 11 3A . The revised plat depicts the irrigation easements within common lots; no waiver was requested or approved by City Council. 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 aeeess-,4a S.Eagle Rd. on Lot 29M,Bloek 1 wheFe the existing home is to remain in aceor-d with UDC 11 3A . , unkss other-wise waived by City Con . The City Council approved the Applicant's request for a waiver to UDC 11-3A-3A.3 for the existing driveway accesses to remain until redevelopment occurs. b. Extend the detaehed sidewalk along S. Eagle Rd. aefoss Lot 29M,Bleek 1 where the Council did not require the sidewalk to be extended across this lot. e. Extend the mininmm 25 foot wide stfeet buffef along S. Eagle Rd. aer-oss the frontage o Council did not require the street buffer to be extended across this lot. 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 11-313-12C; 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. The irrigation easements depieted along the west and north pr-opet4y bound ]• shall be ineluded in eommon lots outside of a feneed area,unkess other-wise Modifi by City Couneil per-UDC 11 3A . The revised plat depicts the irrigation easements within common lots; no waiver was requested or approved by City Council. 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. Page 25 Item#9. 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. 9. The GFimmett LateFul that lies along the west and noFth boundaries of the site shall piped as set foFth in UDC 11 3A 6B unless other-wise waived by City Couneil. Th boundary 4she site to Fe . . , Me lafmwl on the norM side of Me site is 19roposed be piped; Geuned may grant a+�,aivep if itfind-s the publie purpose requiring S-Heh wX net be The Commission recommends Council approve the Applicant's request for a waiver. Council approved the Applicant's request for a waiver to UDC 11-3A-6B to allow the Grimmett Lateral along the west boundary of the site to remain open and not be piped. 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 Page 26 Item#9. 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. 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 I F 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. Page 27 Item#9. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping,amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for Page 28 Item#9. 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.meridianciU.org/WebLink8lDocView.aspx?id=179906 https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=182684&dbid=0&repo=MeridianC hty https://weblink.meridiancity.org/WebLink/DocView.aspx?id=182750&dbid=0&repo=MeridianC D. POLICE DEPARTMENT http://weblink.m e ridia n c i ty.org/weblink8/0/doc/181049/Pagel.aspx E. BOISE PROJECT BOARD OF CONTROL http://weblink.meridiancitE.org/weblink8/browse.aspx F. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/180514/Pagel.aspx G. DEPARTMENT OF ENVIRONMENTAL QUALITY http://weblink.meridiancitE.ory/weblink8/0/doc/180404/Pa el�.aspx H. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO http://weblink.meridiancity.org/weblink8/0/doc/180617/Pagel.aspx I. ADA COUNTY HIGHWAY DISTRICT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=184776&dbid=0&repo=MeridianC hty IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the Commission,the Council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the 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 Page 29 Item#9. information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment and development complies with the purpose statement of the residential districts in that it will 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 City Council 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. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds 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 City Council 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 City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. Page 30 Item#9. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 31 W IDIAN*,----IHO Agreement - Use of Sheriff's Community Service Participants between Ada County Sheriff's Office and City of Meridian AGREEMENT NO. AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS This AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS is entered into by and between the Ada County, a duly formed and existing county pursuant to the laws and constitution of the State of Idaho ("County'), the Ada County Sheriff's Office("ACSO")and City of Meridian,Idaho ("Agency"). WHEREAS, the ACSO operates the Sheriff's Community Service ("SCS") program in which participants perform community service for non-profit organizations within the boundaries of Ada and Canyon Counties("Participants"); WHEREAS, the Agency desires to utilize SCS Participants to accomplish certain community service activities,as more thoroughly described below; WHEREAS, both parties agree that utilization of SCS Participants is a constructive means of working towards the betterment, welfare and beautification of the community while maximizing tax dollars. NOW, THERFORE, for and in consideration of the mutual covenants and promises contained herein,the parties agree as follows: 1. General Agency Information: Agency Name: City of Meridian Agency Address: 33 E.Broadway Avenue Agency Email Address: Mbarton@meridiancity.org;Pharris@meridiancity.org Agency Telephone No.: 208-888-3579 Agency Point of Contact: Mike Barton/Phil Harris T Point of Contact Cell: 208-440-8743 Agency Emergency Contact Person(if different from POC): Emergency Contact Person Cell Number: ., 208-409-4666 AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS — PAGE 1 Item#10. 2. Term and Termination: a. The term of this Agreement shall begin on the date of execution and shall extend through September 30, 2021. The Agreement shall be subject to annual renewals upon the written mutual consent of the parties, with each renewal period to begin on October 1 and continue through September 30 of the following calendar year. b. Each party has a right to terminate the Agreement upon no fewer than thirty (30) days' written notice. 3. Agency Responsibilities: During the term of this Agreement, the Agency shall be responsible for the following: a. Coordinating the use of SCS Participants with the ACSO Alternative Sentencing staff. b. Providing the ACSO with an inclusion and exclusion list along with a scope of services and the current capacity of the program. c. Maintaining communication with the designated SCS Staff liaison on a regular basis. d. Providing all training on safety rules, participation regulations and equipment usage to all SCS Participants as necessary, and upon request by the ACSO, providing reasonable documentation that such training has been completed. At a minimum.. Agency or the work site must provide the following safety equipment (if applicable to the type of work performed): eye protection, ear protection, face protection, gloves, and all other items reasonably necessary to maintain and comply with safety guidelines. SCS Participants are not to perform any work tasks involving the direct use of heavy machinery including, but not limited to: • Forklifts; • Wood chippers; • Trash compactors; or • Construction equipment. All SCS work is to be performed on the ground. SCS Participants are not permitted to complete any work above ground level through the use of a ladder, scissor lift or lift basket. e. Immediately contacting the designated SCS Staff liaison if any SCS Participant causes disruption, fails to cooperate, or leaves the work site without permission. f. Immediately reporting all injuries to the SCS Staff liaison, both verbally and in writing, in a form to be provided to the SCS Participant and the Agency by the ACSO. g. All SCS Participants are to remain on location at the Agency at all times during their scheduled shift, unless given the express prior consent of the ACSO to do otherwise. h. Attending regularly scheduled safety briefings hosted by the ACSO and/or Ada County Risk Management, and an annual Prison Rape Elimination Act (PREA) training hosted by the ACSO. AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS — PAGE 2 Page 229 Item#10. i. Accurately recording and tracking the SCS hours served by the SCS Participant on the ALSO-issued timesheet. The Agency shall ensure that the SCS Participant is signed in and out by a designated employee each time they report to serve SCS hours. j. Providing updated signature cards to the designated SCS Staff liaison prior to a new SCS supervisor signing off on SCS Participants' timesheets. k. Providing a safe work environment in accordance with applicable laws that is free from harassment, criminal activity, discrimination, etc. 1. Creating and maintaining a formal, written complaint process for SCS Participants. Agency shall submit any such written complaints to designated SCS Staff liaison immediately. m. Ensuring that Agency personnel have no personal relationships with SCS Participants. In the event any Agency becomes aware that Agency personnel has a personal relationship with a SCS Participant, in any capacity other than as a SCS Participant, Agency shall immediately notify the designated SCS Staff liaison of the nature of the relationship, so that the appropriate steps can be taken. 4. County Responsibilities: During the term of this Agreement, the County shall be responsible for the following: a. As available, providing SCS Participants to Agency on an as needed basis. SCS Participants assigned to the Agency will be screened accordingly to the Agency's inclusion and exclusion criteria and capable of performing basic manual labor activities. b. Providing supervisory, policy and security information to the Agency personnel who work with the SCS Participants, as requested. c. Providing workers' compensation insurance for each SCS Participant. d. Responding "on-site" as requested by the Agency to address SCS Participant issues, handle uncooperative SCS Participants or otherwise assist the Agency with controlling and managing SCS Participants. 5. Other Terms and Conditions: a. Workers' compensation premiums are based on experience ratings. In an effort to minimize expense related to workers" compensation claims, the Agency and County shall conduct a quarterly review of workers' compensation claims received the County that are directly related to the Agency's use of SCS Participants. If the incurred claims cost attributable to SCS Participants assigned to the Agency exceed the annual premium of the County (as determined by Ada County Risk Management), the County will advise the Agency of such increase and the Agency will be offered the option to: i. cease use of SCS Participants immediately; or ii. pay a fee set by the County to reimburse the County of the increased workers' compensation premiums. AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS — PAGE 3 Page 230 Item#10. b. In an effort to proactively address safety issues, the County and the Agency will conduct, at a minimum, annual reviews for the type of work to be performed by SCS Participants while working for the Agency. This review is designed to assess risk, safety concerns, and to review the Agency's lost prevention efforts. Loss prevention efforts will include, but are not limited to, a review of the following:job site visits, review/inspection of tools and safety gear utilized by SCS Participants, review of all safety training and instruction provided by the Agency, claims experience for the Agency, accident reviews for the Agency and review of all documentation of all loss prevention efforts undertaken or extended by the Agency. c. Indemnification (County). To the extent permitted by applicable law, County shall indemnify and hold Agency, its officers, agents, and employees harmless for injuries to persons or property resulting from the wrongful acts of County, its officers, agents or employees in performing the duties described in this Agreement. Such indemnification and defense shall be limited to only those claims, and only to the extent that, County itself could be liable under state and federal statutes, regulations, common law, and other law. County's indemnification and defense of Agency herein is further Iimited by all defenses, burdens of proof, immunities, and limitations on damages to which County would be entitled if the claims were asserted against County. d. Indemnification (Agency). To the extent permitted by applicable law, including Idaho Code § 59-1 p 15, Agency shall indemnify and hold the County, its officers, agents, and employees harmless for all claims, losses, actions, damages,judgments, costs, expenses, and/or injuries to persons or property arising out of or in connection with any activities, acts, or omissions of Agency, its officers, agents or employees. In the event County is alleged to be liable on account of any activities, acts, or omissions of Agency, its officers, agents or employees, then Agency shall reimburse the County for defending such allegations through counsel chosen by County and Agency shall bear all costs, fees, and expenses of such defense, including, but not limited to, all attorney fees and expenses, court costs, and expert witness fees and expenses. Such indemnification and defense reimbursement shall be limited to only those claims, and only to the extent that, Agency itself could be liable under state and federal statutes, regulations, common law, and other law. e. Insurance. Both parties shall maintain insurance coverages sufficient to pay liability claims arising under this Agreement. Self-Insurance is permitted, to the extent allowed by law. f. Independent Contractor. Agency is, and shall perform this Agreement as, an independent contractor and, as such, shall have and maintain complete control over all its employees and operations, except as otherwise provided herein. Neither Agency, nor anyone employed by it, shall represent, act,purport to act, or be deemed to be the agent, representative, employee, or servant of County. As an independent contractor, Agency shall be solely responsible for payment of wages, all federal and state withholding taxes, liability insurance, and such AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS — PAGE 4 Page 231 compensation insurance and such other obligations as are the legal responsibility of an employer. g. Modification. Except as may otherwise be provided herein, provisions of this Agreement may be modified, amended or waived only by a written document specifically identifying this Agreement and signed by an authorized representative of each party. h. Waiver. The failure of either party at any time to require performance by the other of any provision and any waiver by any party of any breach of any provision of this Agreement shall not be construed as a waiver of any continuing or succeeding breach, a waiver of the provision itself, or a waiver of any right under this Agreement. i. Costs and Fees. If either party brings any action for any relief against the other, declaratory or otherwise, arising out of this Agreement, use of the Premises, or enforcement of the terms hereof, the prevailing party shall be entitled to recover any and all reasonable court costs and attorney's fees. j. Survival. All covenants, conditions, indemnifications and other elements in this Agreement which may involve performance subsequent to any termination or expiration of this Agreement or which cannot be reasonably ascertained or fully-performed until after termination or expiration of this Agreement shall survive. k. Notices. All notices required to be given hereunder shall be in writing and shall be deemed delivered immediately if hand-delivered and 48 hours after depositing the same in the U.S. mail, certified or registered, postage prepaid, addressed to the respective addresses set forth below, or at such other addresses as the parties may from time to time notify the other in writing. ACSO: Agency: C � of_Hef di ail Lt. Justin Ryan c/o: M i Ili e 8 o�r-loc� 7180 Barrister Drive 33 E - lJrco-dwa Nye. . Boise, ID 83704 \D 8 3 L12. Coun . Board of Ada County Commissioners 200 W.Front St Boise, ID 83702 1. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Idaho. in. Entire Agreement. This Agreement constitutes the entire agreement of the parties and all other agreements, whether oral or written, relative to SCS Participants/services only which are not contained herein are hereby superseded and of no force and effect. AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS PAGE 5 n. Signor Authority. Each individual executing this Contract on behalf of an entity represents and warrants that he or she is duly authorized to execute and deliver this Contract on behalf of said entity in accordance with duly adopted organizational documents or Contracts and, if appropriate, a resolution of the entity, and that this Contract is binding upon said entity in accordance with its terms. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement to be effective as herein provided. DATED this 22` day of �4 r_ ,20 Board of Ada County Commissioners k By: Kendra Kenyon, Commissioner p By: Diana Lachiondo, Commissioner By: Patrick Malloy,Corn t ission ATTEST: Phil McGrane,Ada County Clerk by Katie Reed,Assistant Deputy Cleric �DATED this / day of Ada County Sheriff'.s Office By: Stephen Bartlett, Sheriff AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS — PAGE 6 DATED this 4th day of August 20 20 Agency City of Meridian By: Name: Robert E.Simison Title: Mayor AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS — PAGE 7 E N DIAN --- IDAHO ACHD Interagency Governmental Agreement for Waiver of Costs and Fees ttem#11. FIRST ADDENDUM FOR AN ADDITIONAL TERM OF YEARS TO INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES This FIRST ADDENDUM TO THE INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES("First Addendum")is made and entered into this tom day of NLxQ I it)� 2020, with an effective date retroactive to June 10, 2020, by and between the CITY UF MERIDIAN, a municipal corporation of the State of Idaho ("City"); and the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho("ACHD"). City and ACHD may be referred to collectively herein as the"Parties." RECITALS A. On June 9, 2010,the Parties entered into an Interagency Governmental Agreement for Waiver of Costs and Fees(the"Agreement'),a copy of which is attached hereto and incorporated herein. B. The Agreement was for a ten year tern, expiring on June 9, 2020. C. The Parties enter into this First Addendum to extend the term of the Agreement for an additional ten year term. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed,the Parties hereto agree as follows: 1. RECITALS. The recitals above are incorporated into this First Addendum to the Agreement. 2. ADDITIONAL TERM. The parties agree to extend the tern of the Agreement for an additional ten(10)year term. 3. EFFECTIVE DATE. The parties agree that the Effective Date of this First Addendum shall be retroactive to June 10, 2020 to provide a continuous uninterrupted term of years. 4. RESTATEMENT OF AGREEMENT. Except as expressly modified by this First Addendum, all terms and conditions of the Agreement remain unmodified and in full force and effect and are hereby incorporated into this First Addendum as if fully set forth herein. [end of text;signatures and Attachment A follow] FIRST ADDENDUM TO INTERAGENCY AGREEMENT FOR WAIVER OF COSTS AND FEES—Page 1 of 2 Page 233 Item#11. IN WITNESS WHEREOF,the parties have executed this First Addendum,effective as of the Effective Date. CITY: CITY OF MERIDIAN, a municipal corporation of the State of Idaho J By: Robert E. S Its: Mayor ACHD: ADA COUNTY HIGHWAY DISTRICT, a highway district created under the laws of the state of Idaho Its: FIRST ADDENDUM TO INTERAGENCY AGREEMENT FOR WAIVER OF COSTS AND FEES—Page 2 of 2 Page 234 Item#11. INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES THIS INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES ("Agreement") is made and entered into this 9th day of June, 2010, by and between the Ada County Highway District, a body politic and corporate of the State of Idaho ("ACHD") and the City of Meridian, an Idaho municipal corporation("City"). RECITALS A. ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction, and authority to maintain, improve, regulate, and operate public rights-of- way in Ada County. B. City is a public entity organized and operating pursuant to Idaho Code Title 50, as amended and supplemented. City is a municipal corporation with jurisdiction, authority and police power to regulate and control municipal activities within the City. C. Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. D. ACHD and City are both"taxing districts,"as defined by Idaho Code § 63-201. E. Pursuant to Idaho Code § 67-8203(7) of the Idaho Development Impact Fee Act, a taxing district must pay an impact fee for a development that is for an activity within the taxing district's public responsibility if ACHD's impact fee ordinance expressly includes taxing districts as being subject to paying development impact fees. F. ACHD's Impact Fee Ordinance No. 208, as amended from time to time (the "Ordinance") Section 7304.2 expressly states that taxing districts are obligated to pay development impact fees, unless ACHD and the taxing district enter into a written agreement that provides otherwise. G. The parties have determined that it is against public policy for two taxing districts comprised of some or all of the same taxpayers to tax one another. The parties have further determined it to be in the public's best interest to provide that neither party shall charge the other any fees or other amounts that would otherwise be funded by taxpayer funds. i INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES- 1 Page 235 Item#11. H. In consideration of the above, the purpose of this Agreement is to set forth in writing the parties' agreement that neither party shall be obligated to provide any fees or charges to the other during the term of this Agreement as further set forth below. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: SECTION 1. PURPOSES AND POWERS/INCORPORATION OF RECITALS In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. SECTION 2. NO PAYMENT OF FEES During the Term (defined below) of this Agreement, neither party shall be obligated to pay to the other any fees, impact fees, charges, or any other types of expenditures (each of the foregoing defined herein as a "Fee") for any services, activities, unimproved rights-of-way, other unimproved real property, regardless of the provision and/or transfer to the other of such services, activities, rights-of-way, or other real property, except as otherwise agreed in writing and signed by both parties. SECTION 3. EFFECTIVE DATE/TERM AND TERMINATION 3.1 Effective Date. This Agreement shall become effective upon the date upon which both parties' governing boards have authorized it (the "Effective Date") pursuant to Idaho Code § 67-2332. 3.2 Term and Termination. The term of this Agreement shall be ten (10) years (the "Term") after the Effective Date unless it is terminated earlier as follows: Either party may terminate this Agreement upon sixty (60) days' written notice to the other, provided, however, that any Fees that would have been due and payable by the terminating party eighteen (18) months prior to the date of termination that were not owed due to the existence of this Agreement shall become immediately due and payable and paid on the date of termination of this Agreement. Subject to the foregoing, upon termination of this Agreement, neither party shall have further recourse hereunder except with respect to the payment of Fees as set forth in this Section 3.2 INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES-2 Page 236 Item#11. SECTION 4. GENERAL PROVISIONS 4.1 Constitutional Debt Limitation. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. 4.2 Attorney Fees. In the event of any controversy, claim, suit, proceeding or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising from the breach of any provision hereof, the_prevailing party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 4.3 Choice of Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 4.4 Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 4.5 Binding Agreement. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 4.6 Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 4.7 Waiver, Acknowledgments and Modifications. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACHD and City. 4.8 Headings. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 4.9 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES-3 Page 237 Item#11. 4.10 Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 4.11 Time is of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF MERIDIAN ayor ATTEST: ��y OF MER/p� Jaycee 141man, City Clerk BEAL _ Td, �°P� O '-, 9Q UST 1 S� • � `�. ADA COUNTY HIGHWAY DISTRICT COUNT`( • ��.. William J. Sch i er, Dir or ATTEST: !��"C—� c Susan Slaughter, Secretary INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES-4 Page 238 E IDIAN IDAHO AP Invoices for Payment - 8-05-20 - $110,491.65 Item#12. eridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund AMAZING ATHLETES instructor fee-Amazing Athletes 6/10-7/8/20-qty 12 614.40 01 General Fund AXON ENTERPRISE INC Camera Mounts for PD 751.20 01 General Fund BADGER DAYLIGHTING CORP Discovery Park drain cleanout 2,378.25 01 General Fund BRICON,INC concrete repair around one tree near Kleiner Park 1,900.00 splash pad 01 General Fund BRIGHT ENTERPRISES sand for Discovery park sand/water play area-qty 579.00 15.5 tons 01 General Fund BUILDERS FIRSTSOURCE 220/Credit for returned lumber,Inv#44523804 (571.27) 01 General Fund BUILDERS FIRSTSOURCE Bear Creek dugout asphalt roof underlayment parts- 182.23 qty 12 01 General Fund BUILDERS FIRSTSOURCE cash refund on#44734510,Chk#00551742 CR20-700 48.00 01 General Fund BUILDERS FIRSTSOURCE concrete mix for Lanark Parks Shop-qty 42 341.04 01 General Fund BUILDING BLOCKS IDAHO instructor fee- Lego Engineering 7/6-7/10/20-qty 12 616.00 01 General Fund CINTAS medical cabinet supplies-qty 58 434.09 01 General Fund DANIEL BORUP STUDIO LLC 20-0151 pay#3 for Fire Station #6 sculpture(final 11,668.00 payment) 01 General Fund ERS, EMERGENCY RESPONDER Disassemble&Remove Equip for Auction 780.00 SERVICES, INC. 01 General Fund GEM STATE PAPER&SUPPLY CO morning mist disinfectant cleaner-qty 11 cases 385.36 01 General Fund HUSTLE 43 instructor fee- HOST Basketball Camp 7/6-7/10/20- 472.00 qty 10 01 General Fund IDAHO PRESS-TRIBUNE 1625 E Bentley, Pura Vida Ridge Ranch, Rock&Armor 118.92 Fitness 01 General Fund IDAHO PRESS-TRIBUNE Parks and Recreation Fall Fee Schedule 2020 314.67 01 General Fund IDAHO STATE POLICE PD IDAPP0553748 C.B.Blackburn Bkgrnd Chk for MSU 33.25 Permit 01 General Fund IDAHO STATE POLICE PD IDAPP0553865 A.Anzalone Bkgrnd Chk for MSU Permit 33.25 01 General Fund IDAHO STATE POLICE PD IDAPP0553866 W.D.Killlpack Bkgrnd Chk for MSU 33.25 Permit 01 General Fund IDAHO STATE POLICE PD IDAPP0553867 T.L.Parke Bkgrnd Chk for MSU Permit 33.25 01 General Fund IDAHO STATE POLICE PD IDAPP05539 A.Ramos Bkgrnd Chk for MSU Permit 33.25 01 General Fund IDAHO STATE POLICE PD IDAPP0553917 W.S.Fletcher Bkgrnd Chk for MSU Permii 33.25 01 General Fund K-9 DISTRIBUTING Dog Food for K-9 Gus Qty.3 105.00 01 General Fund LASASCO INC. bases&channel for UV light stands-qty 15 723.00 01 General Fund LAWN EQUIPMENT COMPANY credit on Fuller Park Hustler mower belt-qty 1 (90.88) 01 General Fund LAWN EQUIPMENT COMPANY Hustler mower belt for Fuller Park-qty 1 72.76 01 General Fund LUCKY 3 EXCAVATION Weed Abatement for 1265 E. Drucker 450.00 01 General Fund MURIE DESIGN GROUP 20-0069 220/Shirts(138),Sweats(13)and Shorts(36) 2,442.14 01 General Fund ODYSSEY LEARNING ADVENTURES 6/29/20 magic show for summer camp 300.00 01 General Fund OWYHEE GROUP COMPANIES 220/Wipe-able trauma bags-COVID 639.90 Page 239 Date:7/28/20 01:38:53 PM Page:1 Item#12. eridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund PLATT ELECTRIC SUPPLY heat shrink for Covid-19 UV boxes-qty 1 1.67 01 General Fund PROFORCE LAW ENFORCEMENT Traffic Wands 202.98 01 General Fund RANDY S LATTIMER instructor fee-Country Dance,Interm. 2-Step 680.00 6/9-7/7/20 x 17 01 General Fund SILVER CREEK SUPPLY bluetooth operated sprinkler controllers for Kleiner 297.66 garden 01 General Fund SILVER CREEK SUPPLY solenoid for Kleiner Park community garden-qty 1 28.88 01 General Fund STACY REDMAN Reimb S. Redman Mileage Personal Vehicle for Covid 63.25 Remote Wo 01 General Fund TANAGER TREE SERVICE 20-0307 Kleiner Park tree pruning 11,500.00 01 General Fund TATES RENTS(GENERAL OFFICE) propane for Lanark Parks Shop forklift 18.50 01 General Fund UNIFORMS 2 GEAR Holders for Crowd Control Belts 38.64 01 General Fund UNIFORMS 2 GEAR Velcro for Uniforms for Crowd Control Uniforms 160.00 01 General Fund USSSOA 20-0048 volleyball officials for games 6/15-6/26/20- 843.41 qty 75 01 General Fund VICTORY GREENS black&tan rock for Discovery Park-qty 2 yds 95.90 01 General Fund VICTORY GREENS black&tan rock for Discovery Park-qty 3 yds 719.25 01 General Fund WESTERN STATES EQUIPMENT CO skip loader rental for Tully Park canal bank cleanup 440.00 7/6-7/7 Total 01 General Fund 40,943.45 20 Grant Fund LAVONA ANDREW LLC Interpreting Services: 07/08/20 Unity Through 115.00 governmental Inclusion Meet Total 20 Grant Fund 115.00 governmental 60 Enterprise 4345 LINDER ROAD LLC Refund: Warranty Surety Deposit Decatur Estates Sub. 11,219.02 Fund No.3 60 Enterprise AARON DARBY Reimb,A. Darby ID Water Treatment Class 1 125.00 Fund Exam/Fees 60 Enterprise B.A. FISCHER SALES CO INC 8 inch blind flange gasket(6 qty) 47.69 Fund 60 Enterprise BOE-Boise Office Equipment 2TX070119 b/w(412 qty)&color(387 qty)images 24.42 Fund 60 Enterprise CAMERON AMBROZ Reimb. C.Ambroz,Written Test for Commercial Drivers 48.00 Fund Lic. 60 Enterprise CAREER UNIFORMS Embroidery City Logos on Uniforms,Qty 7 55.65 Fund Page 240 Date:7/28/20 01:38:53 PM Page:2 Item#12. eridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise CARRIER CORP Service maintenance agreement for Admin bldg -Jun 132.50 Fund 2020 60 Enterprise CH2M HILL ENGINEERS, INC 19-0101 Certrifuge Capacity Study Svc to 6/26/20 34,694.32 Fund 60 Enterprise CH2M HILL ENGINEERS, INC 20-0194 WRRF Post Aeration Improvements Services 4,450.41 Fund to 6/26/20 60 Enterprise CH2M HILL ENGINEERS, INC 20-0249 Pilot SCADA server City Hall (5.75 hrs) 1,170.02 Fund 60 Enterprise CITY OF BOISE 20-0183 IPDES testing (86 tests)for 5/5-27/2020 3,250.50 Fund 60 Enterprise CONTAINER&PACKAGING SUPPLY Bottles&lids(1,000 qty) 108.69 Fund 60 Enterprise CORE&MAIN LP Seat Ring Upper/Lower Valve Plate Assy,O-Ring, 793.90 Fund Hydrant Rpr 60 Enterprise D&B SUPPLY Annual safety boots replaced for M.Jones 188.99 Fund 60 Enterprise ENVIRONMENTAL EXPRESS,INC. TSS filters(26 pkg) 1,226.75 Fund 60 Enterprise ENVIRONMENTAL EXPRESS,INC. TSS filters(9 pkgs) 819.43 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Sampling @ Well 11,20b,16b 540.00 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Sampling @ Well 32, 1,395.00 Fund WO#292262 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0017, Lead&Copper Sampling 1,280.00 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0019,OCCT Pilot Study @ Well 19 260.00 Fund 60 Enterprise FISHER SCIENTIFIC Phenol(1 qty) 51.08 Fund 60 Enterprise GRAINGER 1 inch camlok coupler(4 qty) 64.80 Fund 60 Enterprise GRAINGER Pipe lube for shop&pump for mix liquor samples(2 83.75 Fund qty) 60 Enterprise INSTRUMART Pressure transducers for RAS/WAS station 2(3 qty) 3,025.00 Fund 60 Enterprise McCALL INDUSTRIAL SS cross, bushing,coupling, bell reducer,elbow,& 275.00 Fund nipple 60 Enterprise McGUIRE BEARING CO Rubber seal for Headworks screen modification(2 qty) 52.70 Fund Page 241 Date:7/28/20 01:38:53 PM Page:3 Item#12. eridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise MSC INDUSTRIAL SUPPLY CO. 2 inch fe x m thread polypropylene camlock(15 qty) 35.22 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. 55 gal drum lifting clamp(1 qty) 194.40 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Bolts for stock(325 qty) 120.65 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Polyprop camgrove coupler(4 pk) 53.88 Fund 60 Enterprise PARAMOUNT SUPPLY CO. ASCO lone star blower coil(1 qty) 150.37 Fund 60 Enterprise PLATT ELECTRIC SUPPLY 8ft LED ballast for wash bay shop(1 qty) 25.90 Fund 60 Enterprise PLATT ELECTRIC SUPPLY 8ft LED ballasts for wash bay shop(24 qty) 608.50 Fund 60 Enterprise PLATT ELECTRIC SUPPLY In use covers to install in aeration basin blower bldg 2 69.72 Fund (4 60 Enterprise PLATT ELECTRIC SUPPLY Tape refill cartridge,adjustable thermostat enclosure 223.23 Fund (5 qt 60 Enterprise SPECIALTY PLASTICS&FAB,INC 6 inch PVC pipe for TWAS pipe repair(20 ft) 153.20 Fund 60 Enterprise THE UPS STORE Biosolids sample shipping(1 qty) 178.77 Fund 60 Enterprise THE UPS STORE IPDES sample shipping(2 qty) 781.34 Fund 60 Enterprise ULINE, INC. Magnetic tape roll(2 rls) 125.59 Fund 60 Enterprise ULINE, INC. Returned magnetic tape-ordered wrong size(2 rl) (152.00) Fund 60 Enterprise UNITED OIL Oil for 500hr gearbox oil change(20 qty) 727.60 Fund 60 Enterprise VWR INTERNATIONAL LLC. Composit sampler air filters(3 pk) 416.48 Fund 60 Enterprise VWR INTERNATIONAL LLC. Temperature logger(1 qty) 337.73 Fund 60 Enterprise WASTECORP PUMPS LLC cash Refund for Credit on Acct Inv CN200094 950.00 Fund Chk#12337 60 Enterprise WASTECORP PUMPS LLC Credit for sending wrong bearing&price difference(1 (950.00) Fund qty) Page 242 Date:7/28/20 01:38:53 PM Page:4 Item#12. eridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total60 Enterprise 69,433.20 Fund Report Total 110,491.65 Page 243 Date:7/28/20 01:38:53 PM Page:5 E IDIAN IDAHO Western Ada Recreation District Discussion Item#13. ASSIGNMENT OF LEASE FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S LAKEVIEW MUNICIPAL GOLF COURSE This ASSIGNMENT OF LEASE entered into by the City of Meridian, an Idaho municipal corporation, ("City") as Lessor and the Western Ada Recreation District, a Recreation District created and organized under Title 31, Chapter 43 of the Idaho Code ("District") as "Lessee". WITNESSETH, that for and in consideration of the mutual promises, covenants and agreements contained herein, the parties hereby agree as follows: 1. CONSENT TO ASSIGNMENT OF LEASE—CONTINGENT ON SALE OF ASSETS A. Provided that transaction contemplated in the Asset Purchase Agreement between Lakeview Meridian Investors LLC and District has closed and District has become the rightful owner of the Assets transferred by said Asset Purchase Agreement, City does provide its contingent consent to the assignment of that certain lease agreement dated May 17, 2005 between City and Lakeview Meridian Investors, LLC, (the Assignor)to Lessee, subject to the amended terms and conditions contained herein. B. Any waiver by District of the Seller's Covenants, Representations, Warranties, and agreement to pay Closing Date Indebtedness made in the Asset Purchase Agreement must be approved by City in order for the City's assignment of the Lease to become effective. 2. GRANT OF AUTHORITY; LEASED PREMISES A. The City accepts the Lessee as lessee of the Lease at the Lakeview Golf Course and understands that Lessee has all of the rights and obligation of the original lease, except as modified herein. B. Lessee acknowledges personal inspection of the golf premises and the surrounding area and evaluation of the extent to which the physical condition thereof will affect the operation of the golf course. Lessee accepts the demised premises in its present condition and agrees to make no demands upon the City for any improvements or alteration thereof. C. Ownership of all existing structures, and of all structures,buildings and/or improvements currently located upon the leased premises, and all alterations, additions or betterments thereto (the items included in the Description of Assets in the Asset Purchase Agreement), shall immediately vest and be vested in City after the term hereof, without compensation being paid therefore. Such structures, buildings and/or improvements shall be surrendered to City with the remainder of Page 1 Page 244 Item#13. the leased premises upon termination of the Lease Agreement. As a condition of this Assignment of Lease, District shall execute all appropriate Bills of Sale and other documentation to effectively transfer title of all WARD Leasehold Assets to City upon termination of the Lease Agreement. 3. TERM A. As additional consideration for City's granting of this Assignment of Lease, the term of the assigned Lease agreement shall be from the effective date of the assignment until September 30, 2023 unless earlier terminated at the option of District. B. The Lessee DOES NOT have the option of renewing the Lease agreement beyond the term ending September 30, 2023. 4. PAYMENT OF RENT In consideration of Lessee's purchase of the golf course leasehold assets and the benefit provided to the public, which consists largely of the same taxpayer base as the City, Lessee shall not be required to pay any periodic rent payments to City. 5. INCORPORATION OF TERMS All terms and conditions of the May 17, 2005 Lease agreement and any addenda thereto that are not inconsistent with the terms of this Assignment of Lease shall remain in effect and are incorporated herein by this reference. IN WITNESS WHEREOF,the parties hereto have subscribed their names this day of August 2020. WESTERN ADA RECREATION DISTRICT: By: Shaun Wardle, Board President CITY OF MERIDIAN By: Robert E. Simison,Mayor Attest: Chris Johnson, City Clerk Page 2 Page 245 Item#13. LICENSE AND MANAGEMENT AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND THE CITY OF MERIDIAN FOR MAINTENANCE AND OPERATION OF LAKEVIEW GOLF COURSE THIS AGREEMENT (the "Agreement")made and entered into this 4TH day of AUGUST, 2020, by and between the Western Ada Recreation District, a Recreation District created and organized under Title 31, Chapter 43 of the Idaho Code ("District"), and the City of Meridian, an Idaho municipal corporation ("City"). WHEREAS,City owns real property located at 4200 W Talamore Boulevard in Meridian, which is currently developed as an 18 hole public golf course, driving range, pro shop, restaurant and related facilities known as the Lakeview Golf Course (the "Facility"). WHEREAS, the Facility is currently under lease by the City to Lakeview Meridian Investors, LLC, (the "Leasehold Owners"). WHEREAS,the Leasehold Owners' use of the Facility is pursuant to a certain Agreement of Lease between the City of Meridian and Cherry Lane Recreation, Inc. dated August 13, 1999, which was assigned to the Leasehold Owners in an Assignment of Lease and Amended Lease Agreement between Leasehold Owners, as Lessee, and the City of Meridian, as Lessor,dated May 17, 2005 (all collectively referred to as the "Lease"). WHEREAS, District is currently under contract or will be under contract to purchase the assets of the Leasehold Owners, including their interest in the Lease,the leasehold improvements, and certain assets, properties and contractual rights used in connection with the operation of the golf course. WHEREAS, City intends to agree to an assignment of the Lease to District at such time that the purchase of the assets of the Leasehold Owners is completed. WHEREAS, City has proven experience at successfully and efficiently operating, maintaining, and programming public recreation facilities across the City. WHEREAS, District is interested in entering into a partnership with City to support the efficient operation of Lakeview into the future. WHEREAS, District is willing, upon certain terms and conditions, to license the Facility to City for the purposes stated herein for a period of time defined within this Agreement. NOW, THEREFORE,the parties hereto agree as follows: A. GRANT OF LICENSE Page 1 Page 246 Item#13. For and in consideration of promises contained herein, and other good and valuable consideration, District hereby gives and grants to City the non-exclusive right, privilege and license to maintain and operate the Facility. B. TERM OF AGREEMENT The term of this Agreement commences on October 9, 2020 and ends on September 30, 2023 unless the parties mutually agree on an extension or early termination of this Agreement. City's agreement to continue its obligations under this Agreement shall be contingent on the City Council's appropriation of the funds necessary to operate and maintain the Facility. C. MASTER PLAN FOR OPERATIONS, IRRIGATION AUDIT, AND WATER RIGHTS RESEARCH City and District will endeavor to retain the services of a consultant or consultants to prepare (1) a Master Plan for the Operation of the Facility, (2) an Audit of the state of the Irrigation System including recommendations for extent and timing of any required repair or replacement of the irrigation system, and (3) Water Rights Research and filing of paperwork with the Idaho Department of Water Resources as necessary to assure that the water rights associated with the facility are fully secured. District agrees to contract directly with the mutually selected consultant(s) and District agrees to pay up to a combined total of$65,000 for such consulting services and deliverables. Subject to mutual agreement, the parties may negotiate for additional funds based on actual quotes for the work. D. USE OF LICENSED PREMISES City or its assignee(s) shall be licensed to operate and maintain the Facility in a manner consistent with other municipal golf course facilities. E. MAINTENANCE AND OPERATION OF THE FACILITY City's maintenance and operation of the Facility during the term of this Agreement shall be consistent with the terms of the Lease agreement dated May 17, 2005 referred to in the premises (the "whereas clauses") and incorporated herein by this reference. Specifically, City's (or City's assignee(s)) obligations shall include but are not limited to the following Service Obligations: 1. Golf Services. City is hereby authorized to grant tee times to the general public on a fair and equitable basis, sell, rent, store and/or repair golf equipment; sell golf related clothing and supplies; provide instructional services in the playing of golf, rent power-driven golf cars and manually operated golf carts. 2. Junior Golf Program. Page 2 Page 247 Item#13. City shall participate in the promotion of a Junior Golf Program. The City will coordinate with schools for instructional use, team practice, matches and tournaments. 3. Food and Beverage Services. City or its assignee is hereby authorized to sell food and beverages, including alcoholic beverages,within the restaurant. City or its assignee must obtain and maintain all City, State and Federal licenses and certificates necessary to operate the food and beverage services in accordance with business and health standards. All employees must be able to meet such associated standards as well. City or its assignee may operate the restaurant facility so as to maintain hours of service in conjunction with all regular golf course activities, including regularly or specially scheduled tournaments. The restaurant may be operated at additional times, so long as it complies with all laws and regulations applicable thereto. City or its assignee may install and maintain, at their own expense, all equipment necessary to operate a food and beverage service. City or its assignee shall provide and maintain the necessary inventory of food and beverage products required to satisfy the public demand thereof. 4. Liquor License. The Idaho State Retail by the Drink License to be included in the sale of golf course assets to District shall be retained in the ownership of the District during the term of this Agreement unless otherwise agreed by the Parties. District shall cooperate with City or City's assignee to utilize the License in connection with the food and beverage services at the Facility. 5. Building and Equipment Maintenance Services. City shall, at his expense, keep and maintain the premises and all buildings, structures, improvements, fixtures, trade fixtures, golf course maintenance equipment and use equipment, including power-driven golf cars and manually operated golf carts, office equipment, and utility systems which may now or hereinafter exist thereon, in good, operable, usable and sanitary order and repair and in a good, safe condition, ordinary wear and tear excepted, throughout the term of this Agreement. City's obligation to maintain equipment shall apply whether the equipment is owned by City or District, including equipment subject to lease agreements held by District. At such time that equipment owned by District has reached the end of its useful life, City shall cooperate with District to declare such items as surplus equipment or otherwise lawfully dispose of such depleted equipment. City, at its sole expense, shall be responsible for replacing any depleted equipment and City shall be responsible for procuring any additional equipment that City deems necessary to meet its maintenance and operations requirements under this Agreement. 6. Grounds Maintenance Requirements. City is hereby required to provide grounds maintenance services, including, but not limited to, the obligation to mow, edge, trim, overseed, fertilize, aerate, irrigate, sod, change cups, service tees, topdress, raise divots, rake traps, spray, mop, spot irrigate, syringe, and renovate turf and shrub areas designated hereunder; as well as to provide weed, disease and pest control, tree maintenance, maintenance of irrigation system Page 3 Page 248 Item#13. including mainlines,pumps,boosters and controllers,keep swales in good repair and to provide the necessary maintenance of any appurtenant structures and equipment, and other duties as deemed necessary by City. 7. Irrigation System. City shall use its best efforts to maintain and operate the golf course irrigation system in its current state. Upon receipt of the Irrigation System Audit, City and District shall confer and agree upon the best course of action for the long term maintenance and repair of the irrigation system. Neither City nor District have any obligation for the long term maintenance and repair of the irrigation until agreed to in writing. 8. Staff and Employment Practices. During the term of this Agreement,City intends to maintain an adequate and proper staff to support its maintenance and operations obligations under this Agreement. City may hire staff directly as City employees, or City may manage staff employed by an independent staffing agency, or some combination thereof. 9. Utilities and Irrigation Assessments. At the commencement of the term of this Agreement, the City shall provide for the transfer of all applicable utility and telephone accounts to City accounts, and thereafter shall provide and pay for any necessary utilities, telephone service, and irrigation assessments at the golf premises. F. PAYMENT OF RENT In consideration for the obligations agreed to by City under this Agreement, and the benefit provided to the public, City shall not owe any monetary rent to District as rent during the term of this Agreement. City shall be entitled to retain any net profits from golf course operations, and City shall have the obligation to incur any net losses from golf course operations. G. INDEMNIFICATION AND INSURANCE City hereby agrees to indemnify and hold District harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the maintenance, use, and/or occupancy of the Facility by City, its agents, assignees, employees, guests, or business invitees. If any claim, suit or action is filed against District for any loss or claim described in this paragraph, to the extent allowed by law City shall defend District and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however District shall not be relieved hereby from liability for its own negligent or willful acts or omissions or that of its employees. In addition, City shall maintain, and specifically agrees to maintain throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and such amount shall be deemed to be the limit of City's covenant to indemnify and save and hold harmless District. Page 4 Page 249 Item#13. In the event the insurance minimums of the Idaho Tort Claims Act are changed, City shall immediately submit Proof of Compliance with the changed limits. H. TERMINATION TERMINATION UPON DEFAULT: If either party is in breach or default of any terms, covenants, or conditions of this Agreement and fails or refuses to cure such breach or default within 180 days of written notice thereof, this Agreement, and all rights conferred by this Agreement, at the non-breaching party's option, may be deemed terminated and forfeited without further notice or demand. Termination action by the non-breaching party shall be tolled as long as the party in breach is actively pursuing reasonable efforts to cure the breach. TERMINATION UPON MUTUAL AGREEMENT: The parties may mutually agree to terminate this agreement in writing at any time. I. ASSIGNMENT OR TRANSFER City shall not assign, sublet or transfer the City's interest in the licensed premises pursuant to this agreement, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of District, which consent shall not be unreasonably withheld. J. NOTICES 1. All notices or other communications required or permitted under this Agreement shall be in writing and may be given by depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, by overnight courier, or by delivering the same in person to such party, addressed as follows: To District: Western Ada Recreation District By Mail at: P.O. Box 566 Meridian,ID 83680 By Delivery at: 30 E. Franklin Rd Meridian, ID 83642 To City: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian ID 83642 2. Notice shall be deemed given and effective the day personally delivered, the day sent by overnight courier,subject to signature verification,and the day of deposit in the U.S. Page 5 Page 250 Item#13. mail, certified, return receipt requested, of a writing addressed and sent as provided above. Any party may change the address for notice by notifying the other parties of such change in accordance with this Section. K. APPROVAL BY GOVERNING BOARDS REQUIRED This Agreement shall not be effective for any purpose whatsoever until it is approved by the parties' respective governing boards. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. WESTERN ADA RECREATION DISTRICT By: Shaun Wardle, Board President CITY OF MERIDIAN By: Robert E. Simison,Mayor Attest: Chris Johnson, City Clerk Page 6 Page 251 E IDIAN IDAHO Executive Session: Per Idaho Code 74-206(1)(a): To deliberate on a labor contract offer or to formulate a counteroffer, and 74-206(1)(f): To communicate with legal council for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated.