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2020-11-17 Work Session WE IDIAN CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, November 17, 2020 at 4:30 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/86203864528 Or join by phone: 1-669-900-6833 Webinar ID: 862 0386 4528 ROLL CALL ATTENDANCE 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 Motion to adopt the agenda made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener CONSENT AGENDA [Action Item] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the October 27, 2020 City Council Work Session 2. Approve Minutes of the October 27, 2020 City Council Regular Meeting 3. Approve Minutes of the November 4, 2020 City Council Regular Meeting 4. Cherry Blossom Place Sanitary Sewer Easement No. 1 5. Cherry Blossom Place Sanitary Sewer Easement No. 2 6. Cherry Blossom Place Sanitary Sewer Easement No. 3 7. Gem Prep Meridian Water Main Easement No. 1 8. Inglewood Place Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 9. Stapleton No. 1 Pedestrian Pathway Easement 10. Stokesberry Subdivision No. 2 Water Main Easement 11. Final Plat for Linder Village (FP-2020-0004) by CSHQA, Located at 1407 W. Chinden Blvd. 12. Final Order for Edington Commons No. 1 (FP-2020-0005) by Conger Group, Generally Located on the East Side of N. Linder Rd., North of W. Ustick Rd. 13. Final Order for Movado No. 9 (H-2020-0006) by DevCo, LLC, Located Approximately 1/4 Mile South of E. Overland Rd. on the West Side of S. Cloverdale Rd. 14. Final Order for Quartet Northeast No. 1 (FP-2020-0003) by Kody Daffer of Brighton Development, Located on the East Side of N. Black Cat Rd., 1/4 Mile South of W. McMillan Rd. 15. Final Order for Shelburne South No. 1 (FP-2020-0001) by Ian Connair of Kimley- Horn &Associates, Located on the North Side of E.Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. 16. Final Order for Shelburne South No. 2 (FP-2020-0002) by Ian Connair of Kimley- Horn &Associates, Located on the North Side of E.Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. 17. Findings of Fact, Conclusions of Law for East Ridge (H-2020-0096) by Devco Development, LLC, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. 18. Findings of Fact, Conclusions of Law for Gateway at 10 Mile (H-2020-0046) by GFI - Meridian Investments 111, LLC, Located at the Northeast Corner of N. Ten Mile Rd. and W. Franklin Rd. 19. Development Agreement Between the City of Meridian and Clint Hansen and Vincent Blommer (Owners) and Land Solutions (Developer) for 1625 E. Bentley Dr. 20. Irrigation Crossing Agreement with the Bureau of Reclamation at the Jamison Lateral For The Ada County Highway District-Amity/Ten Mile Water Main Extension Project 21. License Agreement Between City of Meridian and ProBuild, LLC for Meridian Police Department K9 Training 22. Temporary Construction Easement Granted from City of Meridian to Ada County Highway District (ACHD) for City Property Located at Locust Grove and Time Zone Road ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] DEPARTMENT / COMMISSION REPORTS [Action Item] 23. Parks and Recreation Department: Fiscal Year 2021 Net-Zero Budget Amendment Regarding Lakeview Golf Course Master Plan, Irrigation Audit, and Water Rights Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener 24. Fire Department: Citizen Recognition for Brieana Petersen and Presentation of Donation to Meridian Food Bank 25. Fire Department Annual Report 26. Partnership Agreement Between Meridian Police Department and Washington State University 27. Mayor's Office: CARES Act Municipal Small Business Grant Program Update EXECUTIVE SESSION 28. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counter offer, 74-206(1)(a) To consider hiring a public officer, employee, staff member or individual agent, and 74-206(1)(I) 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. Motion to enter executive session made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener In to Executive Session: 5:35 pm Out of Executive Session: 6:01 pm ADJOURNMENT 6:01 pm Item#1. Meridian City Council Work Session November 17, 2020. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, November 17, 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, Bruce Freckleton, Shawn Harper, Brian Caldwell, Joe Bongiorno, Scott Warren, Charlie Butterfield and Dean Willis. 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 it is November 17, 2020, at 4:30 p.m. We will begin this afternoon's meeting with roll call attendance. ADOPTION OF AGENDA Simison: Next item is the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as published. Hoaglun: Mr. Mayor, I second the motion. Simison: Motion and second to adopt the agenda as published. Any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the October 27, 2020 City Council Work Session 2. Approve Minutes of the October 27, 2020 City Council Regular Meeting 3. Approve Minutes of the November 4, 2020 City Council Regular Page 4 Meridian City Council Work Session Item#1. November 17,2020 Page 2 of 23 Meeting 4. Cherry Blossom Place Sanitary Sewer Easement No. 1 5. Cherry Blossom Place Sanitary Sewer Easement No. 2 6. Cherry Blossom Place Sanitary Sewer Easement No. 3 7. Gem Prep Meridian Water Main Easement No. 1 8. Inglewood Place Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 9. Stapleton No. 1 Pedestrian Pathway Easement 10. Stokesberry Subdivision No. 2 Water Main Easement 11. Final Plat for Linder Village (FP-2020-0004) by CSHQA, Located at 1407 W. Chinden Blvd. 12. Final Order for Edington Commons No. 1 (FP-2020-0005) by Conger Group, Generally Located on the East Side of N. Linder Rd., North of W. Ustick Rd. 13. Final Order for Movado No. 9 (H-2020-0006) by DevCo, LLC, Located Approximately '/4 Mile South of E. Overland Rd. on the West Side of S. Cloverdale Rd. 14. Final Order for Quartet Northeast No. 1 (FP-2020-0003) by Kody Daffer of Brighton Development, Located on the East Side of N. Black Cat Rd., 114 Mile South of W. McMillan Rd. 15. Final Order for Shelburne South No. 1 (FP-2020-0001) by Ian Connair of KimleyHorn & Associates, Located on the North Side of E. Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. 16. Final Order for Shelburne South No. 2 (FP-2020-0002) by Ian Connair of KimleyHorn & Associates, Located on the North Side of E. Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. 17. Findings of Fact, Conclusions of Law for East Ridge (H-2020-0096) by Devco Development, LLC, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. 18. Findings of Fact, Conclusions of Law for Gateway at 10 Mile (H-2020- 0046) by GFI-Meridian Investments III, LLC, Located at the Northeast Page 5 Meridian City Council Work Session Item#1. November 17,2020 Page 3 of 23 Corner of N. Ten Mile Rd. and W. Franklin Rd. 19. Development Agreement Between the City of Meridian and Clint Hansen and Vincent Blommer (Owners) and Land Solutions (Developer) for 1625 E. Bentley Dr. 20. Irrigation Crossing Agreement with the Bureau of Reclamation at the Jamison Lateral For The Ada County Highway District-Amity/Ten Mile Water Main Extension Project 21. License Agreement Between City of Meridian and ProBuild, LLC for Meridian Police Department K9 Training 22. Temporary Construction Easement Granted from City of Meridian to Ada County Highway District (ACHD) for City Property Located at Locust Grove and Time Zone Road Simison: Next item is our 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. Hoaglun: Mr. Mayor, I second the motion. 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 and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 23. Parks and Recreation Department: Fiscal Year 2021 Net-Zero Budget Amendment Regarding Lakeview Golf Course Master Plan, Irrigation Audit, and Water Rights Simison: So, we will move into our Department/Commission Reports. The first item up is from our Parks and Recreation Department, which is the fiscal year 2020 budget Page 6 Meridian City Council Work Session Item#1. November 17,2020 Page 4 of 23 amendment regarding Lakeview Golf Course. I will turn this over to Mr. Barton. Barton: Good afternoon, Mayor, Council Members. We are bringing forward a budget amendment for 65,000 dollars that will fund a master plan for operations, an irrigation audit, and some water right research for Lakeview Golf Course. This amount has -- will be fully reimbursed by the Western Ada Recreation District according to the agreement that was signed in August and I will stay for any questions if you have them. Simison: Thank you, Mr. Barton. Council, any questions? If not, do I have a motion? Hoaglun: Mr. Mayor, is the resolution supposed to be on here or -- it shows the Item 23 in presentation, but we don't have the resolution. Nary: It should just be the document that's -- Hoaglun: Okay. So, we are good then. Yes. Mr. Mayor, I have a motion. Simison: Okay. Councilman Hoaglun. Hoaglun: Mr. Mayor, I move approval of the Parks and Recreation Department fiscal year 2021 net zero budget amendment regarding our Lakeview Golf Course master plan, irrigation audit, and water rights. Strader: Second. Simison: I have a motion and a second. Do we need to state the dollar figure, even though it is net zero what the actual spending authority is? Nary: Mr. Mayor, you probably should do that, yes. Simison: Okay. Hoaglun: The actual spending authority on this item is 65,000. Was there any change in that? I don't have that up right here. I will pull it up real -- Barton: Mr. Mayor and Council Members, 65,000 is the correct amount. Simison: There is no change on it? It's a flat 65,000? Hoaglun: Okay. Mr. Mayor, included in my motion is that it is in the amount of 65,000 dollars. Simison: Does second concur? Strader: Agreed. Page 7 Meridian City Council Work Session Item#1. November 17,2020 Page 5 of 23 Simison: Okay. We have a motion and a second to approve the budget amendment in the amount of 65,000 dollars. 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 and the item is agreed to. MOTION CARRIED: ALLAYES. Simison: Mr. Mayor, before we move on -- Simison: Yes, Councilman Bernt. Bernt: I just wanted to make a quick announcement, since we are on Lakeview Golf Course. Tomorrow at noon there will be a virtual town hall to discuss and Q&A different things in regard to Lakeview and that transition. So, anyone out there listening know that tomorrow at noon there is a virtual town hall and the link can be found on our city website. Thank you. 24. Fire Department: Citizen Recognition for Brieana Petersen and Presentation of Donation to Meridian Food Bank Simison: Thank you, Councilman Bernt. Next item on the agenda, Item 24, is the Fire Department citizen recognition for Brieana Petersen. With that I'm going to turn this over to Deputy Chief Joe Bongiorno. Bongiorno: Mayor and City Council. Can you guys hear me today? Awesome. So, we are here today to honor this young lady that's sitting here behind me, Brieana. We have an award that we are going to give her tonight, the making a difference in the community award. In September of 2020 Meridian Fire Engine 32 was out finishing up some in industry training and noticed a young girl sitting on the side of the street with her dog. This ten year old's name was Brieana Petersen. She had set up a small lemonade stand. After Engine 32 was done with their training they circled back around to find Brieana is still -- still there. They decided to stop and get a cookie and a cup of lemonade from her. When talking with her she said that she was trying to earn some money to save up for a few things that she wanted to buy and that all of her tips that she was getting was going to go to the homeless. Around this time one of the Ada County Sheriff's officers was returning home from work and he, too, stopped to buy a cookie and some lemonade from Brieana. Engine 32's crew was really touched as to why she was selling lemonade and cookies. Amidst all the crazy things going on right now, she had the compassion to not only show dedication in trying to earn some money, but to think about others and wanting to help the homeless. It is people like this that do great things in our community, state and nation. She showed -- she showed selflessness and love to others as she set out to -- to help earn money for a stranger that had nothing. She might have had made -- she Page 8 Meridian City Council Work Session Item#1. November 17,2020 Page 6 of 23 might have made even a few firefighters and police officer's day with some refreshing lemonade and cookies. She set an example to many in such a small and simple way. What a big heart she has. So, with that I would like to ask Captain Warren to come forward and he's going to present Brieana with her award. Warren: Mayor, Council. Brieana. We have got a couple of things here for you. I just want to let you know that we were very touched when you were selling your lemonade and your cookies and it really meant a lot to us and just your thought of wanting to help the homeless and be there was really -- really meant a lot. So, it just shows that even somebody can make a big difference in the world, even at -- you're ten; right? Eleven? Petersen: Eleven. Warren: Eleven years old. Okay. So, we want to give you this right here, making a difference community service award, with your name on it from the Meridian Fire Department. It's a little certificate there. And, then, in addition to we have a nice little plaque that you can hang -- or you can put into your room with your name on it and from the City of Meridian as well. There you go. Petersen: Thank you. Warren: You're welcome. Bongiorno: Mayor, Council, in addition to the things that we have seen with -- with Brieana, we as a union and as Local 467 were -- were touched with that story as well, and because Brieana showed some dedication even at her young age and wanted to help those within our community, we, too, wanted to show our gratitude towards our community as well. Grateful for Brieana showing that example, we also want to do a presentation. So, I will have Dan from the Meridian Food Bank, if you wouldn't mind coming up here and on -- on behalf of the Meridian Local 467 -- and my understanding is Brieana has actually helped at the food bank quite a bit in the past and showed some -- some -- some awesome characteristics of just being a great person there -- Local 467 would like to present the Meridian Food Bank with a thousand dollar check to help our community, because we know that during this time of the year, with the holidays, with Thanksgiving, with Christmas and with our COVID and some of the pandemic that's going on, that there has been -- been definitely a need that's out there and so we hope that this will help at least a little bit with you guys and so we appreciate that. Clark: Thank you. Simison: Council, all I can say is wow on both -- on both accounts, about what our employees and our community members do to help one another and during this time of the year with everything going on with COVID, that's nice to see the positive news that we often don't see reported in the media. So, with this I will say thank you to everybody, including Brieana. Council -- I don't know if anyone on Council has any statements they would like to make. I'm sure they do. Page 9 Meridian City Council Work Session Item#1. November 17,2020 Page 7 of 23 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Brieana, congratulations and I wanted to take this opportunity to thank you for just your big heart and your contrite spirit and for everything that you are doing in your life right now to prepare you for -- for your awesome future. These little acts of kindness that you have shown that prepare you and others just -- and help others and -- and we are so grateful for -- for that and -- and grateful for your mom that's here. I assume that's your sister or your friend. Great job and thank you for all you do. Simison: All right. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just want to say I think kids show us the way sometimes and what an inspiration you are, Brieana. Thank you. Simison: Councilman Cavener, I see you are unmuted. I don't know if you want to -- Cavener: Oh, sure. Thanks, Mr. Mayor. I want to echo what my colleagues said. Brieana, talk about setting a catalyst and kind of a big snowball for our community moving forward and, you know, as Meridian gets bigger people always hear -- and I heard this this week is I -- I miss the Meridian that I knew as a kid and I knew the Meridian in the past. Well, what we saw today was that same spirit of Meridian from the past, the present, and, hopefully, the future of someone who cares about serving, helping others, stepping up that causes another group to step up and serve and so thanks for leading the way and it has really been a great example of our community. It makes me proud. Simison: All right. Thank you very much. Brieana, you are welcome to stay for the rest of this meeting if you are so inclined or-- however you would like to spend the rest of your afternoon is okay with us. Thank you. 25. Fire Department Annual Report Simison: Okay. Next item on the agenda is our Fire Department annual report and with that I will turn this back over deputy chief. Bongiorno: Okay. We will wait for Chris to come back and put my presentation up. He's running all over the place. Borton: Mr. Mayor? Simison: Mr. Borton. Page 10 Meridian City Council Work Session Item#1. November 17,2020 Page 8 of 23 Borton: Just -- just real briefly, Joe -- before Joe begins. Hats off to you, Joe, and our department for recognizing that, too. We appreciate you taking the time -- not only to stop by and buy some lemonade and cookies, because you got big hearts, but also to know how important it is to take the time to do what you are doing, to come forward and bring this young adult here to be celebrated. So, it just shows us that the department still has the eye on the important stuff and -- and just really appreciate you taking the time to -- to share this story with us and with everyone who might be watching online. Don't ever stop recognizing the folks that go the extra mile in our community. So, thanks for doing that. Bongiorno: Yeah. Not a problem. It was -- Mr. Mayor and Councilman Borton, it was totally the engine company that -- that brought this to our attention and Captain Warren definitely gets kudos for that one. But one hundred percent agree with -- with everything you just said. And with that I will go ahead and start. So, I got tapped to do the annual report for the Fire Department. So, we will run through this real quick. Maybe. We are working on it here. There we go. All right. Oh, look, Lieutenant Harper is here. How convenient. So, some quick glances of what we are going to cover tonight. We will cover operations, prevention, public education. We will talk about -- a little bit about the city survey cards that we get back. We will talk about our social media and our public outreach. A little bit on EMS. A little bit on logistics and, then, we will talk about the future with the Fire Department. Some numbers, because we all love numbers. So, for our last year average emergent response times per station -- and that's chute time and travel time combined. So, Station One was six minutes and 24 seconds. Station Two was six minutes and 12 seconds. Station Three was six minutes and six seconds. Station Four seven minutes and two seconds. Station Five was six minutes and 34 seconds. And Station Six was six minutes and 18 seconds. Those are our average times for each fire station for a total response time. What the responses -- we had over 7,700 total responses and out of those 60 percent of the calls were EMS calls and 40 percent were fire related of some sort. Looking at the days of the week, usually Monday at around 5.00 o'clock, 6:00 o'clock is the worst time to be out anywhere and that seems to be when most of our calls come in is that time of the day -- and day. A lot of people think that firefighters just sleep all night and this graph proves that from midnight to 6:00 o'clock in the morning we are still running calls. So, that one has been proved false. Our personnel report for our go around -- so, this last go around we had -- we hired one new lateral firefighter medic, Firefighter Schlepmo. He's been a great addition to the department. He's been doing great work, great things for the department, and we are pretty proud of him. We have had three promotions. We promoted J.D. to division chief of EMS. We had one promotion to captain, one promotion to engineer. And, then, looking at our staff, we had a lot of service recognitions this year. We had five -- or two -- two employees that at five years, four employees at ten years, 11 employees at 15 years, two employees at 20 and one employee that had 25 years of service. So, we are pretty proud of -- of the longevity that we have with our employees. I believe Kenny Bowers still holds the record for the longest serving with the department at the moment. On the prevention side, looking at inspections, obviously, with COVID this year our inspection numbers are down. We only accomplished 2,687 inspections. We had almost 3,000 last year. So, we are down about 585 inspections. When we were doing the inspections we found we had 1 ,173 violations. The most common were sprinkler systems that were out of compliance, housekeeping Page 11 Meridian City Council Work Session Item#1. November 17,2020 Page 9 of 23 issues, and exit signs not working. So, the bulk of those have been resolved. Along with that I also do solar panel reviews. Solar -- the solar business has been very popular lately. I'm actually at 191 plan reviews for this year doing solar panel installs throughout the city. With compliance engine is where we get a lot of our information on sprinkler systems, fire alarm systems, and fire pumps. We had 2,409 submitted reports from all of our sprinkler companies in the valley. Eighty-six percent of those that came in were compliant. We do have some cost recovery built into that that we did a couple years ago. To date we have had $23,829.30 as part of our cost recovery and that cost recovery was going to help fund the third inspector that we are -- we are waiting on. On the fire inspections -- fire investigation side, fires were down this year. We investigated 40 fires last year and we only had 28 this year and that could either be a vehicle fire or a house fire. On pub ed we all know Pam Orr does an awesome job running our pub ed division, along with Christie and Judy and the other gals up in the office that helped with her -- help her and also Herb. Car seat inspections. They have done 200 -- they did 222 last year. We provided 36 car seats to people that could not afford them. On the hands only CPR classes, we did 13, with 530 attendees. And, then, the big one is our safety classes. They did 234 safety classes with 20,413 attendees. Obviously, a lot of these were done before COVID, so we had a lot of people that were able to attend and we did a lot of online stuff as well. Home -- homes visited for smoke alarms. We visited 552 homes and we had eight CPR classes where they were certified with 54 attendees that were certified. So, despite the challenges that were given out with COVID, the pub ed division is still trying to do what they can with training. So, they are still working hard on doing CPR classes. We have been thinking way outside the box of how we can still help our citizens and get CPR out there to each other -- to the citizens and help also with our -- our smoke detector programs as well. So, it's been a little bit of a challenge. The public has been trying to get, you know, us to help with events and stuff and, obviously, we can't, but what Pam has been doing has been putting together packets to send out to celebratory events and stuff. So, Pam has been very busy during this COVID time, again, looking outside the box, trying to figure out how we can still reach the citizens. One of those ways with -- with all the stuff that we have been doing out -- reaching out to everybody, we have been getting a lot of feedback from the citizens. On our cards that have been coming back on the operation side a hundred percent met -- met expectations, 86 percent exceeded expectations. On the prevention side, with the inspections we -- we at least met expectations and 75 percent of them exceeded expectations and, then, with the public education programs almost all of them met expectations at least, but at least 88 percent of them succeeded expectations. So, we have had a lot of comment cards returned. As a matter of fact, I just found one in my inbox today. Pam went out on her day off and changed somebody's smoke detector batteries for them. She went above and beyond what was called to help this person out on her day off. So, really proud of her and her program what she's been doing. With public outreach, our website and Facebook, very popular. So, we have been working with Stephanie on how we can reach out to the public and, again, that's part of the stepping outside the box, seeing what we can do to get our message out to the public and so we have our Facebook, we have 7,524 followers and, then, on Twitter we have 1,700 people following on Twitter. And, then, as we all know Meridian has a huge NextDoor following as well. So, we get a lot of data through NextDoor also. And, then, Stephanie has been working a lot with myself and with Page 12 Meridian City Council Work Session Item#1. November 17,2020 Page 10 of 23 Pam on public outreach with news stories. So, we have been working with Channel 2, KTVB, Daily Dispatch, whoever to work with getting earned media stories. So, we had 12 stories that Meridian Fire Department pitched to the media and they ran our stories for us. So, pretty proud of that. One of the big ones -- I'm kind of right in the middle of the picture there. That was the Fourth of July when we were talking about firework safety. That was a joint effort we did with Boise Fire Department. So, again, we try and join forces whenever we can with all the other departments in the valley to try and get one general message out to everybody. COVID, obviously, is -- is high on everyone's mind. J.D. has been working hard on that, along with myself. Collaboration. Collaboration. Collaboration. Hundreds of hours of meetings attended with our access partner agencies. They developed the countywide infectious disease program and countywide guidance on PPE usage while on emergency scene. You can see the spikes that we are in right now. The -- the media's been -- been talking about it. The Mayor has been talking about it in his messages. So, this is nothing new here. But one thing that we are proud of is that PPE shows that it works. So, to date we have had more than 18,000 cases in Ada county. Our EMS partners and the Fire Department has had thousands of interactions with COVID positive patients and to date we have only had two known cases of EMTs or paramedics becoming infected, so as a -- as a result of patient interaction and I know one of them, they weren't wearing proper PPE. So, all the other cases our masks, our gloves, and everything that we are doing is working and so -- so that's a good -- a good point. Our logistics division has been very busy. Justin's in charge of all of our apparatus, fire stations, and everything that goes on in them and around them. Some logistics -- significant events this year. Station Six was completed and opened under budget. We were about 176,000 dollars under budget when it opened. Stations One and -- One, Two and Three all received new flooring. We took out carpet and put in hard -- you know, hard surface floors that also helps with the spread of disease, you know, that might get trapped in the carpets and stuff like that. We have the apparatus bay at Station Two was repainted. The training tower roof fixed. We bought some -- replaced some heavy lifting equipment -- airbags on -- on the truck. Replaced all the Knox box that's the -- the key holders in the fleet. We had a rash of about six months where they all just started to fail, one after another, so we had to end up replacing them all. They completed 28,000 feet of fire hose testing, 679 feet of ladders, and 50 SCBA, 80 SCBA regulators and they hydro -- hydro tested 157 SCBA bottles. So, Justin's crew was very busy. One of the big things that we -- that he accomplished also was the spec for the new ladder truck and I have a picture of it here in a second. We purchased and placed into service a new public education vehicle. Very thankful for that. Annual pump testing of the fleet new apparatus and check system called Check It, all electronic, you use an iPad to do the daily inspection of the vehicles. Works really awesome. We will talk about the ladder truck again. We are starting in on the design of Station Seven and Eight. We are going to be looking at new flooring in Stations Four and Five. We are converting all the exterior lighting, which has the old mercury vapor lights, to LED at fire stations. Doing some burn room tile repairs. And, then, add 911 status monitors to all the stations. So, this is a -- the blueprint of what the new truck will look like. The cost was roughly 1.3 million dollars. That's a hundred foot platform, similar to what we have. The estimated completion date for that will be November of 2021. Coming down to the end. Obviously, one of the biggest things for me to talk about as a fire marshal is strategic growth. I know City Council, as you all Page 13 Meridian City Council Work Session Item#1. November 17,2020 Page 11 of 23 know, growth is happening in our -- in our little city. When I got here Eagle Road was two lanes and there were stop signs on it everywhere. So, in my time here we have changed considerably. So, this is a screenshot that I took just as of last week and, obviously, you can see in the north -- northwest area along Chinden, Highway 16 area, we have a lot of growth going on. Same in the southeast area out there at Amity, Lake Hazel, and Victory area. We have a lot of growth going on out there. So, with those, if we look at our current response areas, with Stations One through Six, each station is a color and, then, if you look at our reliability rating is one of the other things that we look at when we are doing this growth, Station One has a reliability of 70 percent. Station 32 has a reliability of 85 percent. Station Three has a reliability of 78. Station Four, 78. Station Five is 84. And Station 36, which this is the first time we have had data for 36, their reliability rating right now is 87 percent. So, as this growth continues, the reliability rating is going to be dropping. Our big concerns are, obviously, those two areas that I mentioned before, the northwest and the southeast. Because 34 -- they are stretched pretty thin. They have a very large area that they are covering and on top of it Boise Engine Station 14, which is their teammate, if you want to call it, their reliability rating is just the same as 34's. So, when you have two fire stations that are right next to each other with the same reliability rating, that leaves a pretty big hole in that area. So, with that if we look at our response areas when we get Station Seven and Eight built, you can see those areas would be covered. So, the pink area up in the top left would be Station Seven or Eight, depending on how Council decides to go with -- move forward, but that area would be definitely covered. I happen to live in that pink area or I will here come March and my house sits outside the five minute response time area. So, I'm going to go buy myself a firetruck and park in my front yard. And, then, the mint green on the bottom of the photo is where Station Eight would be covering and, obviously, out there -- The Keep is a beautiful area. The plans are starting to come in for those houses. We are looking at so far six to ten thousand square foot houses being built out there. So, yes, there is water out there, but just houses that big is a -- is a big concern, not to mention all the other growth that wants to go on out there. So, our ask is to continue with Station Seven and Eight to be continued to be planned and move forward because the growth isn't stopping. I just got the plans for the southeast--southeast corner-- no, southwest corner of Franklin and Ten Mile and, again, it's huge -- huge developments, not to mention the --the one that Brighton is going to be doing as well. So, we have a lot of very large developments coming and we are going to need the help. With that I will end my presentation and I'm open for any questions. Simison: Thank you, Deputy Chief. Council, any questions? And just so you are aware, I did not speak to him before he gave his presentation. So, that was all their own doing. Bongiorno: No, we did not. Hoaglun: Mr. Mayor, I was just trying to remember -- Simison: Councilman Hoaglun. Hoaglun: -- Chief Bongiorno, adding the 911 status monitor to all those stations, what -- Page 14 Meridian City Council Work Session Item#1. November 17,2020 Page 12 of 23 what did that entail? What -- what benefit does that give us? Bongiorno: The status monitors was -- that was just a -- it's a big television screen with a little thumb computer in them and that allows the --the captains to see what's happening in the city with just a quick look. Hoaglun: Okay. Bongiorno: So, that's what the -- they are monitoring for. They were very inexpensive to -- to put into the stations. Hoaglun: Thank you. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Thanks, chief. I appreciate your presentation. One question. Refresh my memory. I don't remember. What station is getting the new ladder truck? Bongiorno: This -- the ladder truck that has been ordered is a replacement. Our current ladder truck I believe is 14 years old. So, it's going to replace the current one that we have. I believe in the ten year CIP we have an additional truck company that we will be looking for I think in -- I want to say three or four years. Hoaglun: And follow up. Simison: Councilman Bernt. Bernt: What are we going to do with the old one? Was it just going to be like a backup or -- Bongiorno: It will be reserve. Sorry. Council -- Mayor and Council Member Bernt, yes, that will be used as a backup and we actually get credit on our insurance rating having a backup apparatus for a truck. So, it will help us with our rating with the city. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: To point out to Councilman Bernt, that the chief did mention that he was going to park a fire truck in his -- Bongiorno- There you go. Hoaglun: -- yard, so there you go. Page 15 Meridian City Council Work Session Item#1. November 17,2020 Page 13 of 23 Bongiorno: Yes. Park it right out in front of my house. Bernt: That's a big garage, chief. Bongiorno: Yes. I need a bigger garage for sure. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Joe, thank you so much for your presentation this evening. I -- I'm very happy to hear that the number of responses to fires has gone down this year. Just curious your thoughts on that and, actually, somewhat surprised to hear that, considering more people were home and -- and a lot of house fires are caused from cooking and things like that. So, just wondering your thoughts on why we have had a decrease and how we can keep it that way. Bongiorno: Mr. Mayor, Council Woman Perreault, that's -- that's a good question. I can't explain why there has been a drop. Very thankful that we have for sure. As the -- as the fire marshal my job is to prevent fires and to keep our crews safe from having to go into these fires, but, yes, people are being more safe and I think it's just going to be the point of pushing our message out to everybody about being safe. We are coming into turkey season and I know Stephanie has been working on turkey fryer fire education. Same thing the first couple years that those things really became popular, man, we had like six or seven of those fires and since we have been working with educating people those fires have pretty much dropped to nothing. So, I think it's -- it's a combination of education and people being home to actually notice if something's going on in their house. We get a lot of smoke scare calls, because they are home and they know that something is going on. So, I think that's part of it also is because they are home they are catching things before they turn into major catastrophes. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you so much, Deputy Chief, for coming in. I guess a question I have -- Station Four feels like a pain point; right? It has the longest response time. Has reliability under 80 percent. I realize we are going to work on building a new fire station. We are a couple years out. Are there things that we are considering to help mitigate that? Can we staff that station up more? Would that help? Or just give me a flavor for how we are trying to adapt, you know, at that station to the challenge. Bongiorno: Mr. Mayor, Council Woman Strader, I know we have -- we have been looking at doing the alternate response vehicle -- staffing some sort of an alternate response vehicle. Again in the future that was on our CIP to go along with -- mainly we are looking at Station One, because their reliability rating is the worst out of all of them. But that Page 16 Meridian City Council Work Session Item#1. November 17,2020 Page 14 of 23 vehicle could also be utilized to roam the neighborhood. So, if 34 was going out for training, they can go into that area and cover that area if needed. So, I know Chief Butterfield -- I'm not sure if he is on. I know he has been working on some -- some things that we can look at -- oh, there he is right there. There is Charlie. So, I will let Charlie jump in and see if he can't help answer that a little better than I can. Simison: And, chief, before we -- you do that, if you could maybe talk to how Station Six has impacted that station as well over this first six months, if you have had any real data to show that. Chief Butterfield, go ahead. Butterfield: Yeah. Good evening, everybody. Can you hear me okay? Okay. Great. Yes, I -- Station Six. I don't have the data in front of me, but we have had a great deal of improvement, especially in the reliability rate of Station One with the addition of Station Six. Station One, as Chief Bongiorno did mention, we did have a low reliability rate for a while -- it was getting I think down into the high 70s and Station Six has improved that immensely, allowing that ability for that apparatus at Station One to be in service more often for the calls that it needs to go on. Councilman Strader, for your comments on Station Four, it is a busy station. We are recognizing it is becoming more and more busy, especially with some of the extended living facilities in that particular area. Touchmark, for example, Station Four does go to Touchmark quite a bit. So, we are trying to look at reasons why that call volume is so high at Station Four, particularly in the assisted living facilities that do add up to that and so we are reaching out to the assisted living facilities that are increasing some of that call volume and seeing what we can do as partners with them in our community to lessen some of our responses from the fire service to those particular care centers and -- and by doing that we have -- we have really -- again, as partners in our community we have been -- we have been able to lessen some of our responses, keeping that fire apparatus in service for the more -- more critical responses that it needs to go to and so we will continue to evaluate, look at the data, look at the call places that that particular apparatus is going to and see if we can, through some preventative measures, lower the response times and lower the reliability rate and keep it in service more often. Strader: Mr. Mayor, quick follow up. Simison: Council Woman Strader. Strader: I guess I would be interested to hear -- perhaps in a future meeting, but how this alternate response vehicle might help with that situation and what the cost would be and how we could talk about that as an interim solution. Or what all the options are. It sounds like maybe we have a specific segment of the community that's causing a longer response time in that area, so -- Butterfield: That particular area, yes. Strader: -- so, appreciate the follow up to try to figure out if -- if it's not a fire and it's something else, how we can respond. Thank you. Page 17 Meridian City Council Work Session Item#1. November 17,2020 Page 15 of 23 Simison: And if I could add, I think, you know, the data, chief, probably a year's look at data with a six month Station Six in service roughly. Bongiorno: Yes. Simison: And I think if we get a full year's worth of data from Station Six that maybe gives us even a better understanding about where all these stations truly are. I know you typically like to report -- our poll probably on an annual basis, but I would suggest maybe the fire department should poll after Station Six has been open for a year and look at what those response times and reliability is for that last year of service to have a -- at least a good benchmark, because if it's six months for one and a year for the others, six months can't pull those numbers down entirely, but they have, obviously, made an impact. Bongiorno: Yeah. Mr. Mayor and Council, the numbers that I showed you earlier for Station Six were from opening until September. So, that was actually three months worth of data that we have gotten. So, the Mayor is one hundred percent correct. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Deputy Chief, appreciate having you in front of us tonight and always enjoy having you on the City Council meetings. I really appreciate your insight and added information you share with us on our land use applications. I did have a question about your-- your presentation about past due inspections and I noticed that we had 500 and something that we are past due on and I'm just trying to wrap my head around what's -- what's causing that and if -- if the department has a recommendation to address that and resolve it and, then, one more question -- I recognize I'm throwing a lot at you. What those delays are doing impacting related to land use applications or that's slowing this down in any way else. Bongiorno: Okay. Mr. Mayor and Councilman Cavener, as far as the inspections go, what -- what -- obviously, the big answer is COVID is why we are behind. The other reason that we are behind is staffing. I had requested a -- an inspector, which was approved, but, unfortunately, at this time we have not been able to fill it. So, once I get that other inspector and we can get the COVID numbers to help cooperate, we will be able to get out and do more inspections. We have been kind of keeping a tight leash on my inspectors, because we don't want them going out and, you know, getting themselves exposed and, then, at the same time there has been some -- obviously retirement homes, St. Luke's Hospital, we can't get into them because of the COVID and their own requirements that won't allow us in there. So, that's probably the biggest reason why. But since I took over as the fire marshal we have had a need for another inspector, because we have been behind and so with the growth that's coming we are -- we will -- once we get that position filled next year I hope to come back with some way better numbers. And, then, as far as -- go ahead. I'm sorry. Page 18 Meridian City Council Work Session Item#1. November 17,2020 Page 16 of 23 Cavener: No. I was going to say, yeah, it's -- it's -- it's definitely caused an eyebrow raise -- I mean where you have got ten percent less inspections this year from last year, but we are about 30 something percent behind. So, look forward to hearing the -- the positive results from that. Joe, how -- on average how past due are these? I mean is it -- have you just had to hit pause because of COVID or is it they are not past due, they are just behind schedule? Bongiorno: Some are past due. I think the farthest I have that's out past us is maybe a year or two and, then, some of them we have had to hit the pause button, because we just couldn't get in there for one reason or another. And, then, obviously, some of our higher risk stuff we are still -- that -- that's -- that was my top priority was our high risk stuff, our hotels, churches, and stuff like that. It's still number one on my list, but some of the businesses we have had to just put the wait button on until we get some better COVID numbers or they will allow us in them. So, in the meantime I'm -- we are using the compliance engine to track some of the businesses to make sure that they are at least keeping up with their sprinkler systems and their fire alarm systems to keep their occupants and employees safe, because those I can look at the reports, make a couple phone calls, and I can write a violation without even having to step foot in their building. So, that -- that helps as well and I have actually been doing that for the last week. Cavener: Thanks, chief. Bongiorno: And, then, I'm sorry, you are going to have to ask the other half of your question. Cavener: Well, it just-- and I will kind of give you the -- I'm trying to wrap my head around about the delays and -- and if that is impacting businesses from being able to move forward in any way, shape, or form. It doesn't sound like that's the case. Bongiorno: Oh. Sorry. Mr. Mayor and Councilman Cavener, that is not the case. We are not -- we are not holding anybody up with anything. If somebody calls and has a need, we will go out and we will take care of it. Obviously, working with our partners and -- in the building department, you know, we were able to get Costco up and running in the middle of this pandemic. So, nothing has been held back, nothing's being delayed. What we have -- a couple of them with -- like our daycares, for example, what we ended up doing is, obviously, we didn't want to be there when there is 50 kids running around, so what we did is I modified the hours of my inspectors and they -- they have been going in either before they open in the morning or after they close at night to do the inspections, so that way we are lessening the impacts on the public and our inspectors themselves. Simison: And, Councilman Cavener, just --just to put a finer point, one of our inspectors was very high risk during COVID, which was not able to go out and actually perform inspections for a significant amount of time. Bongiorno: Yes. Thank you, Mr. Mayor. Page 19 Meridian City Council Work Session Item#1. November 17,2020 Page 17 of 23 Cavener: Mr. Mayor. One, first, apology, it wasn't following good parliamentary procedure for me to step on your toes there. Simison: No. You're good. Cavener: And, two, I appreciate you providing that -- that perspective. I -- I think we are all in agreement, the health and safety of our employees are paramount and that's what I was trying to kind of wrap my head around, what -- what was slowing things down. So, I appreciate you putting that finer point on that. Simison: Council, any further questions? Okay. Bongiorno: Thank you, everybody. It was great to stand up here and see you all. Now I will go see you from my desk. 26. Partnership Agreement Between Meridian Police Department and Washington State University Simison: Thank you, deputy chief. Next up is Item 26, partnership agreement between Meridian Police Department and Washington State University. I will turn this over to Lieutenant Caldwell. Caldwell: Mr. Mayor, Members of Council, good evening. So, we at the Police Department are looking to enter into a partnership with Washington State University Criminal Justice Department. Dr. David Makin and his team are conducting research in how police departments can best utilize officer body camera recordings to ensure that we are doing the best job possible and when they are talking about this, the approach that they are looking at is more of a holistic one. Not only are our officers doing the best job possible on calls, but is our training being as effective as possible. So, with this program we get to set the parameters of what they are looking for in our videos and we get to choose which videos we send them as well and so what we are really focusing on at this point in time is communication, on how are our officers communicating with our citizens here in Meridian. Now, I believe we do a great job communicating with our citizens and I believe we have a great relationship with them. We are always looking for ways to improve and do better. So, with that being said, the videos that we are going to send to WSU, if this partnership is approved, will be our use of force and traffic stop videos and so when they look at this they are going to be looking for certain parameters that we give them on how well that we are communicating with people in good situations and bad situations and in innocuous traffic stops where everything's happy and also an arrest and use of force situations where things aren't so happy. This is not going to be any cost to the city. It's a partnership in that we provide the video and they provide the research and they get to use the research they get for their papers at the university and with that I will stand for any questions. Simison: Thank you, lieutenant. And, Council, this is scheduled to be -- I think on next week's agenda, an agreement, and we just wanted to give you a heads up about that Page 20 Meridian City Council Work Session Item#1. November 17,2020 Page 18 of 23 agreement before you saw, in case you had any questions either now or felt it necessary to follow up with the Police Department before that agreement comes forward. Are there any questions for lieutenant? Council Woman Strader? Strader: Thank you, Mr. Mayor. Will --will we be able to see the research or the outcomes of the study? Caldwell: Mr. Mayor, Council -- Council Woman Strader, yes, we will get copies of all the research and the results of said research prior to any publication and we also have the right to -- they won't use us as a city or our department in this without our express permission. The short answer to your question is, yes, we will get the results. Strader: Thank you. 27. Mayor's Office: CARES Act Municipal Small Business Grant Program Update Simison: Council, any further questions? Okay. Thank you very much. Appreciate it. Next item on the agenda is an update from the Mayor's office regarding CARES Act for Municipal Small Business Grant Program. Turn this over to Mr. Miles. Miles: Good evening, Mayor and Council. Happy to be here with you. I will keep it brief. I know you have got some other things on the agenda. Share my screen here real quick with some information that I sent out yesterday as well. I have got the CARES Act Small Business Grants action item recommendation in front of you. As you will recall about, let's see, back in mid September the Council approved a million dollar allocate for the small business grant. I will give a little overview of the CARES Act funding to date, because I know there is -- it's always good to update on that and, then, look at the small business grants as well. As you see across the top there you can see that to date about 1.6 million dollars of CARES Act funding has been earmarked for expense by the city, leaving approximately 1.8 million dollars of funds aside. That 1.6 million dollars of earmarked funds includes the million dollars that Council approved for the small business grant program and that program in and of itself makes up roughly 60 percent of the CARES Act funding to date. You can see over on the left -- or, excuse me, on the right the business support programs, about a million dollars to the small business grant program, and the remainder of that to the Keeping Meridian Healthy initiative that's in partnership with the Meridian Chamber. So, that's a quick overview of the CARES Act funding in general and, then, the small business grant program, you can see the application, funding, and the number of applications at the bottom. As an update we received a total of 65 applications thus far. In fact, I think I saw three more that come in last night, up around 68 City of Meridian. The staff and the team have approved 37 of those. Seventeen of them are pending. Of those 37 that Meridian has approved, 25 of those have been approved by the state with 12 of them pending and, really, what we are seeing is a little bit of lag time between when the city team looks at an application, approves it, and gets it over to the state. The state is also taking some time to review those and approve them as well in alignment with the documentation that we provide. As Page 21 Meridian City Council Work Session Item#1. November 17,2020 Page 19 of 23 you can see on the bottom right, Meridian has approved roughly 320,000 dollars of that one million dollars funding and the state has approved 218,000 of that amount with about a hundred thousand dollars in delay between the states review -- just pending review at the state level. So, the recommendation before you and the discussion point before you is in order to maximize the program allocated funding of a million dollars in a timely manner to get these funds to the businesses that need them through the December 30th deadline of the program, I am recommending that we change the per grant allocation from 10,000 dollars up to 15,000 dollars and also allow those that have applied once already, a chance to reapply for any new expenses that they have incurred since the time of their original application. Generally, for your information, what we are seeing is a lot of the requests are coming for rent and utility expenses and because it's a reimbursement program we have seen people apply up through about October's worth of expenses and we suspect that people will still have -- businesses will still have a need for reimbursement or expense needs through the calendar year, which the program does afford and so that's a little bit of the logic as to why we recommend increasing from ten thousand to fifteen thousand and allow existing businesses that have applied to come back and apply for that addition 5,000 dollars. A little bit more information for you. All of the -- nearly all of the applications had requested the full ten thousand dollar amount. Through review and examination of the applications, based on the allowable expenses, not all of them qualified for the full 10,000 dollars. So, some do qualify for the full 10,000, some do not, and that's a little bit of the delta in the dollar amounts as well. So, maybe I will stop there with the recommendation that -- before you to consider increasing from 10,000 to 15,000 dollars and allow existing applicants as well to reapply and open it up for any questions that you might have or discussion. Cavener: Council, any questions or comments? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Dave, I tracked with you kind of the rationalization behind kind of the opening up the second round. I didn't quite hear -- maybe I just missed it -- the rational -- rationalization, excuse me, about increasing it from ten -- from ten to fifteen thousand. Miles: Sure. Mr. Mayor, Councilman Cavener, really what we are seeing is that a lot of the applications, because the program is required to reimburse expenses incurred -- in other words, when we started this program back in -- I think it was September -- late September, early October, businesses could apply for expenses that they incurred up until that point. We would not reimburse them for future expenses through mid October, November and December. So, that ten thousand dollars was mainly attributable for most applications for about three months worth of rent or 10,000 dollars max and what we suspect is that there is still a need in the business community for continued coverage if the opportunity is available for those expenses that will occur mid October, November and December. Page 22 Meridian City Council Work Session Item#1. November 17,2020 Page 20 of 23 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Dave, thank you so much for your time this evening. Wondering about whether the small business grant program is still ending at the end of December and also what is happening at the state level with an extension of opportunity to apply for these and is there a -- I mean are applications still permitted in January and February for expenses that were incurred in December or how is that working? Miles: Yeah. Mr. Mayor and Council -- Council Woman Perreault. Those are great questions. From a CARES Act perspective we have not heard any update on the program being extended beyond December 30th. Now, I know with new administrations at the federal level there will be lots of conversations around CARES Act funding and what to do with the program or what new programs may come out. We have not heard that this program will extend beyond December 30th. In fact, the state continues to communicate with us that the applications for CARES Act funding has to be to the state by December 11th, with approvals moving forward and, then, expenditures can happen past the December 30th, but the commitment of funds has to be made before that December 30 deadline. So, at this point there is no indication that it will carry longer and so I think that addresses your question, but if you have got additional ones -- Simison: Council, any additional comments or questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just a quick comment on the extension. I'm certainly in favor of doing that, allowing them to reapply for reimbursement of additional 5,000 dollars. Miles: I'm sorry, Councilman Hoaglun, I didn't catch that question. Hoaglun: Mr. Mayor and Dave, just a comment that, yes, I'm -- I'm in favor of moving forward with allowing those businesses that ask for reimbursement of the 10,000 to also ask for additional five once those expenses are incurred. This is going on a long time and there are certainly going to be difficulties in the days ahead as we are experiencing now, so we will just have to help them out the best we can. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just for clarification, it's possible that a business, once this is all said and done with their applications all being successfully approved, that they could receive up to 25,000 dollars total, ten from the first round and, then, 15 in the second? Page 23 Meridian City Council Work Session Item#1. November 17,2020 Page 21 of 23 Miles: I'm sorry, Mr. Mayor and Councilman Cavener, no, they would receive a total of 15,000. Cavener: Got it. Miles: So, only -- only the delta between what they got and up to 15,000. Cavener: Okay. Mr. Mayor? Apologies if I wasn't tracking correctly. That makes a lot more sense. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: One quick question, Dave. Is the 5,000 dollars did you come to that figure kind of forecasting the number of interested parties and the remaining available funds? Is the 5,000 intended to hopefully exhaust the remaining funds based upon existing demand? Miles: Mr. Mayor, Councilman Borton, there is a little bit of that sort of predictive analysis that we did try to use. A lot of it also -- we stuck closely to what the state's program had, as well as what other communities were doing. So, Boise, Nampa and Eagle, they all had thresholds up to 15,000 dollars as well and if-- it's a little difficult to run the numbers, because some businesses will qualify for up to the 10,000 or up to the 15,000, some only qualify for a few thousand dollars, just based on what they are requesting expenses for. But we did look at that and that's the goal is really to -- if the Council approved up to a million dollars for the program, try to maximize that full amount for businesses. Simison: And, Councilman Borton, just to Mr. Miles' point, there is a big debate about -- early on whether to ask Council for 10,000 or 15,000, but we want to try to make sure we open it up to all businesses, so we kept it a little lower on the front end in case we had a lot more than we could handle and it didn't just go to those. So, this -- this was the approach that we thought we might come back with when the timing was appropriate and the numbers are bearing that out, because it's now opened to all businesses. There is no restriction. And we have kind of seen where our numbers are right now. Borton: Okay. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Dave. You know, one thing I think would be great would be to --with the CARES Act funding in general, you know, show Council a variety of options to help the community and just kind of keeping various options open for us. I'm supportive of the change here. I think it makes a lot of sense to keep helping our businesses, but I think it would be good for us to continue brainstorming if there are things that make sense, Page 24 Meridian City Council Work Session Item#1. November 17,2020 Page 22 of 23 whether it's, you know, providing disposable masks to larger businesses, particularly grocery stores that aren't handing them, that there are things we can do with food and security, if we have an acute need there and I know we looked at childcare and we couldn't find it way -- if there was a way if we could look at that. So, I just appreciate, you know, continuing to stay in front of us. With options as the -- as the funding may run out. Miles: Mr. Mayor, Council Woman Strader, we can certainly look at -- look at and keep you up to date and certainly I extend it to you as well, if you have ideas or thoughts that come across your mind, send it our way we will analyze it and take a look at it. Strader: Will do. Simison: Well, Council, I have heard from two that they are in favor of moving it forward. It's like I have got three, four -- okay. We got to make --we will make those modifications and share it with those who have applied and generally to make that update. Thank you. Mr. Milles, anything else on this topic? Miles: That's it. Thank you, Mayor and Council. Appreciate it. EXECUTIVE SESSION 28. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counter offer, 74-206(1)(a) To consider hiring a public officer, employee, staff member or individual agent, 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: Okay. Thank you. So, with that we are to Item 28 on the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we -- Mr. Mayor, I move that we go into Executive Session per Idaho Code 74-206A(1)(a), 74-206(1)(a) and 74-206(1)(f). Hoaglun: Mr. Mayor, I second the motion. Simison: I have a motion and second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Page 25 Meridian City Council Work Session Item 1. November 17,2020 Page 23 of 23 Simison: All ayes. We adjourn into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:35 p.m. to 6:01 p.m.) Simison: Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we come out of Executive Session. Hoaglun: Mr. Mayor, I second the motion. Simison: There is a motion and a second to come out of Executive Session. All those in favor signify by saying aye. Bernt: Mr. Mayor? Simison: Opposed Nay. The ayes have it. MOTION CARRIED: ALLAYES. Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Mr. Mayor, I second the motion. Simison: I have a motion 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: ALLAYES. MEETING ADJOURNED AT 6:01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 12 01 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 26 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 27, 2020 City Council Work Session Page 4 Meridian City Council Work Session Item#1. October 27,2020 Page 25 of 25 Simison: Council, we do have ten minutes before our next meeting. Would we like to move the Executive Session until after -- Nary: I have checked, Mr. Mayor, and they are available after. Simison: Okay. Bernt: Mr. Mayor? Simison: Council Member Bernt. Bernt: Excuse me, Mr. Mayor. Mr. Nary, do we need to take care of this item on our agenda or can we just adjourn? Nary: Mr. Mayor, Council President Bernt, we can adjourn. It's also listed on the regular session, too. Bernt: Perfect. Simison: I have a motion and a -- Hoaglun: Mr. Mayor, second the motion. Simison: -- second to adjourn the meeting. Is there any discussion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11 / 17 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 29 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 27, 2020 City Council Regular Meeting Page 30 Meridian City Council Item#2. October 27,2020 Page 48 of 48 Simison: All in favor say aye. All ayes. MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor, I move we adjourn. Hoaglun: Second. Simison: Motion and second to adjourn. All in favor say aye. All ayes. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 9:32 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11 / 17 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 78 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 4, 2020 City Council Regular Meeting Page 79 Meridian City Council Item#3. November 4,2020 Page 32 of 32 Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion 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 8:18 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11 / 17 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 111 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Cherry Blossom Place Sanitary Sewer Easement No. 1 Page 112 ADA COUNTY RECORDER Phil McGrane 2020-158706 BOISE IDAHO Pgs=5 CHE FOWLER 11/19/2020 08:15 AM CITY OF MERIDIAN,IDAHO NO FEE Pi°oj�et Name(Sttbalissisul: Cherry Blossom Place ADA COUNTY RECORDER Phil McGrane 2021-028646 Sauiiitv 5ew ec°Ease ten#�tarrtbers 1 BOISE IDAHO Pgs=7 KRISTINA LOWRY 02/22/2021 02:12 PM CITY OF MERIDIAN, IDAHO NO FEE Idnic�fc this Easement by sequential number if Protect contains more than one saniwry waver easement. (See Instfumons far ad&*nal mfonruation)_ RE-RECORD TO CORRECT NAME OF GRANTOR SANITARY SEWER EASEMENT Jayo Land Devel-opment Company, LLC THIS Easement Agreement, made this 17th day of November 2020 between ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible f'or repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV. 01/01/2020 Project Name(Subdivision): Cherry Blossom Place Sanitary Sewer Easement Number: 1 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). RE-RECORD TO CORRECT NAME OF GRANTOR SANITARY SEWER EASEMENT Jayo Land Development Company, LLC THIS Easement Agreement, made this 17th day of Nov ember, 20 20 between Jayo ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee',); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV. 01/01/2020 4I E t } 7 I 3 j THE GRANTOR covenants and agrees with the Grantee that should any part of the right-off; I j way and easement hereby granted shall become part of, or lie within the boundaries of an public street, then, to such extent, such right-of-way and easement Hereby granted which 'es within such boundary thereof or which is a park:thereof', shall cease and become null an oid �d of no further of-feet and shall be completely relinquished, I THE RANTOR does hereby covenant with the Grantee that Grantor is lawfully eized and possess of the aforementioned and described tract of land, and that Grantor s a good and lawful rig t to convey said easement, and that Grantor will warrant and fo ver defend the ' title and q ii possession thereof against the lawful claims of all persons wl .msnever; i THE COVENA S OR GRANTOR made herein shall be binding upo Grantor's successors, assigns,heirs,pers al representatives,purchasers,or transferees of y kind. IN WITNESS WHE i F, the said parties of the first part h e hereunto subscribed their signatures the day and yea Irst herein above written. WANTOR: Doug ago I yo Holdings,LlC j i 1 1 STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged be •e me on � ' ' ' date) by G'rt a � (name of individual), [coaq)1ele A ful-luwing if.yigning . .u a c i1 , ur 81rike the follolving if signing in an ndividual capacity] on b alf of 4 -. (name entity on b if o wham record was executed), 'n the fall wing representative capacity (type of authority suc as officer or trustee) (stamp) Notary ignature b JODIB L MO NSEN My Commission Expires: COMM N 0242 NOT PUBLIC STAT OF IDAHO MY COMMIS$ EXPIRES:1011512021 z Sanitary Sewer Easement REV. 01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein.shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. G R: STATE OF IDAHO ) } ss County of Ada } This record was acknowled ed before me on ' v date b ( ) y g (name of individual), [complete the following if signing in a represe t've aph , or trike the following if signing in an individual capacity] on behalf ir r (name of e on b alf of whom record was executed), in th1-7 e o lowing representative capacity: (type of authority such as officer or trustee) (stamp) JODIE L MOGENSEN No a SSignature COMM NO. My Commission Expires: C� , . 2 �4OTARY PUBLIC STATE OF IDAHO NfY COMMISSION EXPIRE&1011512021 Sanitary Sewer Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Sim o ayor ti�,oR ss est by C Ts John``ox� it Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-17-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. _CHARLENE WAY 9 COMMISSION#67394 NotarySignature NOTARY PUBLIC 3-28-2022 STATE OF IDAHO My Commission Expires: MY COMMIS&ON EXPIRES 3128122 Sanitary Sewer Easement REV. 01/O1/2020 Exhibit A Sanitary Sewer Main Easement No. 1 Cherry Blossom Place Subdivision No. 1 October 2, 2020 A portion of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a found brass cap marking the North 1/4 corner of said Section 12 from which a found brass cap marking the Northeast corner of said Section 12 bears, South 89026'53" East, 2,655.21 feet; thence South 33000'31" East, 1,430.76 feet to the REAL POINT OF BEGINNING; thence South 49041'25" East, 9.23 feet; thence 14.09 feet along the arc of a curve to the left having a radius of 20.00 feet, a central angle of 40022'16" and a long chord which bears South 69009'30" East, 13.80 feet; thence South 89°20'38" East, 61.13 feet; thence South 00039'22"West, 20.00 feet; thence North 89020'38"West, 61.13 feet; thence North 87049'09" West, 74.49 feet; thence 63.98 feet along the arc of a curve to the left having a radius of 65.87 feet, a central angle of 55°39'01" and a long chord which bears North 62051'56" East, 61.49 feet to the REAL POINT OF BEGINNING. Containing 2,196 square feet, more or less. End of Description. !�779 g5 BASIS OF BEARING °v ......• S89'26'53"E 2655.21' 1/4 S.1 W CHERRY LN S.1 S.6 S:12 S.12 S.7 JL 15 60 0 30 'F SCALE: 1 " = 30' �3 Q' n. z 16 REAL POINT S49'41'25"E W. CEDARBURG OF BEGINNING 9.23' DR. Cl S89'20'38"E 61.13' G� 15 SO'39'22"W 20.00' N87'49'09"W 74.49' S89'20'38"E 61.13' 11 12 13 14 NL LA S��N CE NSF CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRIG. CHORD DIST. a 11779 ct�tCa�✓ 402°�� C1 14.09 20.00 40.22'16" S69.09'30"E 13.80 oF `�Q.o� C2 63.98 65.87 55'39'01" N62'51'56"E 61.49 4 Mcc 7 — - L ear 1 t2/2020 11:1813. EXHIBIT B JOB NO. DAHO 18-018 9955 W.EMERALD ST. SANITARY SEWER EASEMENT NO. 1 SHEET NO. Bob 84fi87 08304SURVEY CHERRY BLOSSOM PLACE SUBDIVISION NO. 1 1 GROUP LLC A PORTION OF THE NW 1/4 OF THE NE 1/4 OF SECTION 12, T.3N., RAW., B.M., DWG. DATE CITY OF MERIDIAN, ADA COUNTY, IDAHO 10/2/2020 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Cherry Blossom Place Sanitary Sewer Easement No. 2 Page 118 ADA COUNTY RECORDER Phil McGrane 2020-158707 BOISE IDAHO Pgs=5 CHE FOWLER 11/19/2020 08:15 AM CITY OF MERIDIAN,IDAHO NO FEE ADA COUNTY RECORDER Phil McGrane 2021-028649 Pmiect'-N ame LSubdhisiou): BOISE IDAHO Pgs=7 KRISTINA LOWRY 02/22/2021 02:13 PM ............... Cherry Blossom Place CITY OF MERIDIAN, IDAHO NO FEE Jdeati_y t1ua Easement by sequenhal munber if Pi�sjecl �contzamz more cae sanitary se-%vu easement See rnstractions for ad&fioa,,a infemiation), 7 RE-RECORD TO CORRECT NAME OF GRANTOR SANITARY SEWER EASEMENT I Jayo Land Development Company, LLC THIS Easement Agreement, made this 177th day of November 2020 between Jaye Heldings, 66G ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV, 01/01/2020 Project Name(Subdivision): Cherry Blossom Place Sanitary Sewer Easement Number: 2 IdentiA this Easement b� sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). RE-RECORD TO CORRECT NAME OF GRANTOR SANITARY SEWER EASEMENT Jayo Land Development Company, LLC THIS Easement Agreement, made this 17th day of November20 20 between , ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV. 01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right- way and easement hereby granted shall become part of, or lie within the boundaries of any ublic street, then, to such extent, such right-of-way and easement hereby granted whi lies hin such boundary thereof or which is a part thereof, shall cease and become null d void an f no further effect and shall be completely relinquished. THE G NTOR does hereby covenant with the Grantee that Grantor is lawfu y seized and possesse f the aforementioned and described tract of land, and that Granto as a good and lawful right o convey said easement, and that Grantor will warrant and rever defend the title and quiet ossession thereof against the lawful claims of all persons omsoever. THE COVENAN OF GRANTOR made herein shall be binding u n Grantor's successors, assigns, heirs, perso I representatives, purchasers, or transferees o any kind. IN WITNESS WHERE F, the said parties of the first part ve hereunto subscribed their signatures the day and yea first herein above written. GRANTOR: Doug, o,Jayo Holdings,LLC /f STATE OF 1DAHO ) ) ss County of Ada ) This record was acknowledged be e me on -(datc) bye (name of individual), [complete th fallowing if sign in a represen ve capa ity, gr strike the folloiving if signing in an ' dividual capacity] o behalf of�2 - (name qatentity on behaffof wham record was execut d), in the foll wing represen tive capacity: c .. - ' � (type of authority uch as officer or trustee) �f �f y (stamp) JODIE L MOGENS N Notary zgnature / COMM N0 82 My Commission Expires: NOTARY PU IC STATE OF I HO MY COMMISSION EX ES:1 011 5120 2 1 anitary Sewer Easement REV. 0 1/0 1/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein.shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. G R: STATE OF IDAHO ) } ss County of Ada } This record was acknowled ed before me on ' v date b ( ) y g (name of individual), [complete the following if signing in a represe t've aph , or trike the following if signing in an individual capacity] on behalf ir r (name of e on b alf of whom record was executed), in th1-7 e o lowing representative capacity: (type of authority such as officer or trustee) (stamp) JODIE L MOGENSEN No a SSignature COMM NO. My Commission Expires: C� , . 2 �4OTARY PUBLIC STATE OF IDAHO NfY COMMISSION EXPIRE&1011512021 Sanitary Sewer Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simi .on, ayo SEAT. Attest by Chr Johnson,1°'° ' lerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-17-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Lho'A�6a CHARLENE WAY..... Notary Signature COMMISSION#67390 2 NOTARY PUBLIC 03-28-2022 STATE OP IDAHO My Commission Expires: NIY COMMISSION EXPIRES 3128122 Sanitary Sewer Easement REV. 01/01/2020 Exhibit A Sanitary Sewer Main Easement No. 2 Cherry Blossom Place Subdivision No. 1 October 2, 2020 A portion of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a found brass cap marking the North 1/4 comer of said Section 12 from which a found brass cap marking the Northeast corner of said Section 12 bears, South 89'26'53" East, 2,655.21 feet; thence South 39*43'48" East, 951.76 feet to the REAL POINT OF BEGINNING; thence South 17039'59" East, 20.00 feet; thence South 72*20'01"West, 160.00 feet; thence North 173959"West, 20,00 feet; thence North 72"20'01" East, 160.00 feet to the REAL POINT OF BEGINNING. Containing 3,200 square feet, more or less. End of Description. 11779 BASIS OF BEARING N ..... . S89"2653"E 2655.21" 1/4 S.1 W CHERRY LN S.1 S.6 5.12 V 16 60 €1 3o SCALE. 1 ' - 30' 1 16 1S � REAL POINT 'o OF BEGINNING ?3 (� 4 51 1 i pL LANO \� NS LINE TABLE LINE BEARING LENGTH 11 779 L1 S17"3959"E 20.00 p q L2 N173 OF 9'S9"� ��.�� r� McCA�'� 4A IdAHC EXHIBIT B NO. SANITARY SEWER EASEMENT NO. 2 18-018 SURVEY BOI W EMERALD T SHEET NO. f, ® r �Ta$ '°� CHERRY BLOSSOM PLACE SUBDIVISION NO. 1 1 ' GROUP L LC A FORM OF THE NW 1/4 OF THE NE 1/4 OF SECTION 12, T.3N., R iw., B.M., DWG. DATE CITY OF MERIDIAN, ADA COUNTY, IDAHO 10/2/2020 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Cherry Blossom Place Sanitary Sewer Easement No. 3 Page 124 ADA COUNTY RECORDER Phil McGrane 2020-158708 BOISE IDAHO Pgs=5 CHE FOWLER 11/19/2020 08:15 AM CITY OF MERIDIAN,IDAHO NO FEE Project Name(Subdivision): Cherry Blossom Place ADA COUNTY RECORDER Phil McGrane 2021-028650 sanitiry Sewer Las MentlNumber BOISE IDAHO Pgs=7 KRISTINA LOWRY 02/22/2021 02:13 PM I Identify this Eawment by�,equenfial umber ifFroject CITY OF MERIDIAN, IDAHO NO FEE contalls al'tre than One"atitaly Seuw ea-'ealent, (See Inamictio3u fbi additkmal nikimaiva), RE-RECORD TO CORRECT NAME OF GRANTOR SANITARY SEWER EASEMENT Jayo Land Development Company, LLC THIS Easement Agreement, made this .17th— day of Novembez 2020 between__-�a��, ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV, 0 1/0 1/2020 Project Name(Subdivision): Cherry Blossom Place Sanitary Sewer Easement Number: 3 Identify this Easement b� sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). RE-RECORD TO CORRECT NAME OF GRANTOR SANITARY SEWER EASEMENT Jayo Land Development Company, LLC THIS Easement Agreement, made this 17th day of November20 20 between ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV. 01/01/2020 4I E t } 7 I 3 j THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of; j way and easement hereby granted shall become part of, or lie within the boundaries of an ublic street, then, to such extent, such right-of-way and easement hereby granted which i' s w -hin such boundary thereof or which is a park:thereof', shall cease and become null and oid and fno further of-feet and shall be completely relinquished, I THE G NTOR does hereby covenant with the Grantee that Grantor is lawfully ized and possessed f the aforementioned and described tract of land, and that Grantor h a good and lawful right - convey said easement, and that Grantor will warrant and for er defend the ' title and quiet . ssessinn thereof against the lawful claims of all persons wh. soever; i THE COVENAN OF GRANTOR made herein shall be binding upon cantor's successors, assigns,heirs,person representatives,purchasers,or transferees of a kind. IN WITNESS WHERE �, the said parties of the first part ha v hereunto subscribed their signatures the day and year -rst herein above written. WANTOR: Doug ago I yo Holdings,LlC j i 1 1 STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged before e on date) by G'r t a � (name of individual), [LUYY111ILLL llrr I-Ivwirtg if sigrrirr irr.u rcpresclti>4 cu>ucll , ur alrilce the,following if signing in an. in ividual capacity] on chalf of 4 �� -. (name entity on b if of a1n record was execute in the fall wing representative capacity type of authority s h as officer or trustee) (stamp) Notary ignature b JODIE L MOGEN N My Commission Expires: COMM NO,0 2 NOTARY P LIC STATE of AHO MY COMMISSION E IRES:1011512021 z nitary Sewer Easement REV. 01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein.shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. G R: STATE OF IDAHO ) } ss County of Ada } This record was acknowled ed before me on ' v date b ( ) y g (name of individual), [complete the following if signing in a represe t've aph , or trike the following if signing in an individual capacity] on behalf ir r (name of e on b alf of whom record was executed), in th1-7 e o lowing representative capacity: (type of authority such as officer or trustee) (stamp) JODIE L MOGENSEN No a SSignature COMM NO. My Commission Expires: C� , . 2 �4OTARY PUBLIC STATE OF IDAHO NfY COMMISSION EXPIRE&1011512021 Sanitary Sewer Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Sim on ayor r -,�4iy ['iIF I rtY A st y Chri ohnson,r` sty%�1 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-17-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY COMMISSION#67390 NOTARY PUBLIC NotarySignature STATE OF IOAHO g MY OOMMISS[ON EXPIRES 312Sr22 3-28-2022 — ---- My Commission Expires: Sanitary Sewer Easement REV. 01/01/2020 Exhibit A Sanitary Sewer Main Easement No. 3 Cherry Blossom Place Subdivision No. 1 October 2, 2020 A portion of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a found brass cap marking the North 1/4 comer of said Section 12 from which a found brass cap marking the Northeast corner of said Section 12 bears, South 89*26'53" East, 2,655.21 feet; thence South 70'20'24" East, 588.63 feet to the REAL POINT OF BEGINNING; thence South 00027'01" West, 131.46 feet; thence South 52049'42"West, 20.22 feet; thence 5.17 feet along the arc of curve to the left having a radius of 76.00 feet, a central angle of 03'54'00"and a long chord which bears South 50052,43"West, 5.17 feet; thence North 00027'0 1" East, 147.10 feet; thence South 89032'21" East, 20.00 feet to the REAL POINT OF BEGINNING. Containing 2,784 square feet, more or less. End of Description, a�779 rA, BASIS OF BEARING dv ......-. S89'26'53"E 2655.21 1/4 5.1 w CHERRY LN S.1 S.6 s,12 5.12 S.7 1) L s -0. S89.32'21"E 20a0t}' 15 0 es //yy yy//}} _ REAL POINT SCALE: 1" = 30' OF BEGINNING z 27 24 3 2:5 w p 0 ut Ca z r � �QO s52'49'42"w • Cl 20.22' CENS G 4411 11779 CURVE TABLE c,©� v CURVE LENGTH RADIUS DELTA CHORD BRG. CHORD DIST. �', F Af C1 5.17 76M 3'54'00"° S50'52'43'*W 5,17 ©AI'I� EXHIBIT B JOB "O` BOSS 1N. Al 40$37 4 SANITARY SEWER EASEMENT NO. 3 , N SURVEY g"S3&8570 "0' CHERRY BLOSSOM PLACE SUBDIVISION NO. 1 SKEET a GROUP, L LC A PORTION OF THE NW 1/4 OF THE NE 1/4 OF S'Ec noN i2, um, R.i W., B.M., DWG. DATE CITY OF MERIDIAN, ADA COUNTY, IDAHO 10/2/202D 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Gem Prep Meridian Water Main Easement No. 1 Page 130 Project Name/Subdivision ADA COUNTY RECORDER Phil McGrane 2020-158711 Clem Prep Meridian BOISE IDAHO Pgs=5 NIKOLA OLSON 11/19/2020 08:16 AM Water Main Easement No. I CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 17th day of November,2020 between Building Hope Gala Court LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 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: TEXAS STATE OF I�} ) ss County of ) BFIXI . This record was acknowledged before me on 12r?2 (datc) by DRy Dgm t c O (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in are individual capacity] on behalf of _RU1LD(NG_ 4j0gC_(M_(A eOUe7, UC (name of entity on behalf of whom record was executed), in the following representative capacity: DQl54,TViZ OF WI L D1�L(type of authority such as officer or trustee) itope- 1CAP04 (stamp) ` ururq RA RES Notary Signature c ary Public,State f Tex 4 Comm.Expires 01- 24 My Commission Expires: Off' 0 491 C: Water Main Easement Version 01/01/2020 Item#7. GRANTEE. CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson,City Cleric STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 11-17-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Cleric, respectively. (stamp) Notary Signature My Commission Expires; 03-28-2022 Water Main Easement Version 01/01/2020 Page 133 Item#7. EXHIBIT"A" Description For MERIDIAN CITY WATER LINE EASEMENT GEM PREP MERIDIAN A portion of Lots 1 and 8, Block 2 of Gramercy Subdivision No. 1 as filed in Book 99 of Plats at Pages 12,619 through 12,622, records of Ada County, Idaho located in the NW 1/4 of the NE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the NW corner of said Lot 8; thence along the North boundary line of said Lot 8 North 89046'02"East, 48.00 feet to the REAL POINT OF BEGINNING; thence leaving said North boundary line North 00013'58"West, 15.00 feet thence North 89046'02"East, 48.67 feet; thence South 00°13'58" East, 20,00 feet; thence South 89°46'02"West, 48.67 feet; thence North 00013'58"West, 5.00 feet to the REAL POINT OF BEGINNING. ENS�r�� 7729 G. Page 134 Item#7. GRAMERCY SUBDIVISION NO. 1 BLOCK 2 N89'46'02"E 48.67'T-- NW COR 35.00' r�I o LOT 8 a I w RPOB i olcn N89'46'02'E I m 48.00' rn - -- -1Nss� s'02"E-- - --J NOI 58'W_ 48.67' 5.00' J ENS�b'�� G at 7 729 u'.� p J 061wo,ro J L +,,��Gr� of: � C �Y G.0A� 2 10 40 0 5 20 60 SCALE: 1" = 20' EXHIBIT B DRAWING FOR19 "°' IDAHO -269 CITY OF MERIDIAN WATER LINE EASEMENT SHEET 1 8355 N.EM'cRA4D 6T, SHEET ND. SURVEY I �+ 08}8d0S 7$�"°� GEM PREP MERIDIAN GROUP, I...LC LOCATED IN THE NW Y4 OF'THE NE Y4 OF SECTION 20. DWC.DATE tM,RAE.,&M., ADA COUNTY,IDAHO I/15/2020 Page 335 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Inglewood Place Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 Page 136 ADA COUNTY RECORDER Phil McGrane 2020-158712 BOISE IDAHO Pgs=6 CHE FOWLER 11/19/2020 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Inglewood Place Subdivision - Ph 1 Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made thisl7th day of November 20 20 between SEC 098 LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any 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: James Petersen STATE OF 4B O }d-VAR ) ss County ofA& S,-AA-L4ct_ This record was acknowledged before me on 1_1 -o:z-Wzo (date) by (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of - C9 g t - (name of entity on behalf of whom record was executed), in the following representative capacity:_ �;�� f1nr,ca; o� (type of authority such as officer or trustee) Enema �t" (stamp) T,.. HANCY HALE LAROQUE NOTARY AURX-SDXTEOFUM Notary Signa re ca+wMIssEo++•d4i#5sQ My Commission Ex res: oV --t 1� -Zc-,a 1 in.. COMM.EXP.08-1$4021 Sanitary Sewer and Water Main Easement REV.UIIQ112D24 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-17-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires:3-28-2022 Page 139 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#8. EXHIBIT A - INGLEWOOD PLACE SUBDIVISION PHASE 1 T-IO ENGINEERS Project No: 180364 Date: September 8, 2020 Page 1 of 2 CITY OF MERIDIAN WATER AND SEWER EASEMENT DESCRIPTION A permanent easement,for water and sewer purposes,situated in a portion of the SW1/4 of the SW1/4 of section 21,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap monument marking the southwest corner of said Section 21, coincident with the centerline intersection of S. Eagle Rd. and E. Victory Rd.,from which a brass cap monument marking the southeast corner of the SW1/4 (S1/4 corner)of said Section 21 bears S.89`36'01"E., 2657.24 feet;thence, along west line of said Section 21, A. N.00-00'25"W., 560.47 feet;thence leaving said west line, B. S.89036'02"E.,48.00 feet to the east right of way line of said S. Eagle Rd.;thence along east right of way line, C. S.00000'25"E., 189.82 feet to the POINT OF BEGINNING;thence, leaving said east right of way line, 1. N.89059'35"E., 280.50 feet;thence, 2. N.00.00'25"W., 113.30 feet;thence, 3. N.45000'00"W., 28.90 feet;thence, 4. S.89.59'35"W., 20.07 feet;thence, 5. N.00'00'25"W., 20.00 feet;thence, 6. N.89*59'35"E., 37.00 feet;thence, 7. N.00*00'25"W., 34.13 feet to the north boundary of that parcel described in instrument number 2018092596, records of Ada County, Idaho; thence, along said north boundary, 8. S.89`36'02"E., 264.51 feet to the future west right of way line of S. Titanium Ave.; thence, along said west right of way line, 9. S.00000'25"E., 20.00 feet;thence, 10. N.89036'02"W., 231.00 feet;thence, 11. S.00'00'25"E., 197.62 feet;thence, 12. 5.89'59'35"W., 10.00 feet;thence, 13. 5.00000'25"E., 216.99 feet,thence, 14. N.89059'35"E., 24 1.00 feet to the future west right of way line of S.Titanium Ave.; thence, along said west right of way line, 15.S.00'00'25"E., 20.00 feet;thence, G 16. S.89'59'35"W., 244.22 feet;thence, 17. N.61'13'17"W., 59.65 feet;thence, 13765 Om a �r- 7-')L o 1 4T�Qr 332 N. Broadmore Way I Nampa, ID 83687 I P:208.442.6300 I to-engineers.com .• Page 140 EXHIBIT A - INGLEWOOD PLACE SUBDIVISION PHASE 1 T,.❑ ENGINEERS Project No: 180364 Date: September 8, 2020 Page 2 of 2 18. N.00'00'25"W., 22.82 feet; thence, 19. 5.61'13'17"E., 40.51 feet; thence, 20 N 00'00'25"W., 204.95 feet;thence, 21. 5.89059'35"W., 280.50 feet to the east right of way line of said S. Eagle Rd.; thence, along said east right of way line, 22. N.00000'25"W., 30.00 feet to the POINT OF BEGINNING. CONTAINING: 0.712 acres. Attached hereto is "EXHIBIT SKETCH—MERIDIAN WATER AND SEWER" and by this reference made a part hereof. 2 332 N. Broadmore Way I Nampa, Id 836871 P: 208.442.6300 I to-engineers.com • Page 141 0 EXHIBIT B - INGLEWOOD PLACE SUBDIVISION PHASE 1 /tem#8. EXHIBIT SKETCH - SEWER AND WATER EASEMENT LOCATED IN THE SW114 OF THE SW114 OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDAHO N Sills CORNER 2020 INSTRUMENT w NO- 111071045 s w 0 F W y w OD N Tl- m 48.00' S89'36'02"E 277.01 CL d„ � o0 y IJ i Q I a iV < 0 30' r= C3 0 a,I � �I POS CITY OF MERIDIAN I r• SEWER AND WATER EASEMENT 0 3 Ln _ a a LL 0 f G Z co Lu 20'Lu zME � Q d I N d fy _ YL a . 7-z ZZ2 Zz' R _ CDP LL Q LLI LL E. V[CfORY ROAD w zn 1 z7 z9 28 CP&FR INSTRUMENT — — S89'36'07"E 2Ei57.24' — — IP&FR 28 NO. 111000681 INSTRUMENT 4 BASIS OF BEARINGS NO. 97005907 A� HD S2 13765�� w 0 T-G ENGINEERS 4 rF OF ,o 332 N. BROADMORE WAY QB d fm�L NAMPA, IDAHO 83687 O PHONE:(208)442-6300 WWWJO-ENGINEER E-FI.E: 18 M-FAWNTSI[ETC11SA" M-M'N3 JOB:48i Page 142 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Stapleton No. 1 Pedestrian Pathway Easement Page 143 ADA COUNTY RECORDER Phil McGrane 2020-158713 BOISE IDAHO Pgs=6 CHE FOWLER 11/19/2020 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Stapleton No. 1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 17th day of November20 , between C17 LLC and C4 Land LLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 01/01/2020 L& Item#9. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. C 17 LLC GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on dpr Zymo(date) by (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of C l7 L. —t, (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (staTA.u...,,� ��•.`•Q�Q••'••••'••.;Sd'r�•,�L 41, Rl, Notary Signature •, typTg My Commission Expires: 'Zc) 'PUBLIC, • O ` iTf �OF��9 Pedestrian Pathway Easement REV. 01/01/2020 Page 145 Item#9. GRANTOR: C4 Land LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on ri' /j,u1odate) by (name of individual), [complete the following if signing in a representative capacity, or sty ike the following if signing in an individual capacity] on behalf of C 4 (name of entity on behalf of whom record was executed), in the following representative capacity: .mac (type of authority such as officer or trustee) •.••�P�NE JO �p ••. ®•e•••• V 4 ® •f • pVBLV� ; Notary Signature '••cq'�, �.•p My Commission Expires: ti,��TE ®F 1pP,.• GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: Pedestrian Pathway Easement REV. 01/01/2020 Page 146 L,4 Item#9. Sawtooth Land Surveying, LLC 2030 5. Washington Ave. 5GO W. Canfield Ave., Ste. 200 14 10 5 Lincoln Ave„ Ste, G Vt/ ( Emmett, ID 83G 7 Coeur d'Alene, ID 8381 5 Jerome, ID 83338 P: (205) 398-8 104 P: (208) 7 1 4-1544 P: (208) 329-5303 Z C, F: (208) 398-81 05 F; (208) 292-4453 F: (205) 324-352 1 EXHIBIT A 14-Foot City of Meridian Pathway Easement Stapleton Subdivision No.l BASIS OF BEARING for this description is South 003248"West between an aluminum cap marking the E1/4 Corner of Section 25 and an aluminum cap marking the southeast corner of said Section 25, both in T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho. An easement located in the E1/2 of the SE1/4 of Section 25, T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap marking said E1/4 Corner; Thence South 003248"West, coincident with the east line of said Section 25, a distance of 633.71 feet; Thence North 89027'12"West, normal to said east line of Section 25, a distance of 70.00 feet to the westerly right of way line of Meridian Road (State Highway 69) and the POINT OF BEGINNING; Thence coincident with said westerly right of way of Meridian Road (State Highway 69) the following three (3) courses and distances: South 013248"West, 151.85 feet; South 4123'39"West, 178.83 feet; South 0032'48"West, 393.09 feet; Thence leaving said westerly right of way of Meridian Road (State Highway 69), North 89127'12"West, 14.00 feet; Thence parallel with said westerly right of way of Meridian Road (State Highway 69) the following five (5) courses and distances: North 003248" East, 393.56 feet; North 4112339" East, 178.83 feet; North 0032'48" East, 476.33 feet; North 7059'03"West, 101.12 feet; P:\2019\19201-STAPLETON SUB 1\Survey\Drawings\Descriptions\19201 Stapelton Sub. No. 1 14 foot city pathway.docx Page 147 L 6 Item#9. North 003248" East, 122.06 feet; Thence South 58022'55" East, 16.35 feet to said westerly right of way of Meridian Road (State Highway 69); Thence coincident with said westerly right of way of Meridian Road (State Highway 69) the following three (3) courses and distances: South 013248"West, 112.58 feet; South 7059'03" East, 101.12 feet; South 0132'48"West, 325.99 feet to the POINT OF BEGINNING. The above described easement contains 0.407 acres, more or less. SOON E N Neu`'' S G� 12 � cc a �yt zo� OF�o P:\2019\19201-STAPLETON SUB 1\Survey\Drawings\Descriptions\19201 Stapelton Sub. No. 1 14 foot city pathway.docx � ? 12 Page 148 Item#9. w. �11 v�aawm >WTMY l�914YN9998 IH I �I I� �mqql INc 1 p l I W N �zl Im II I II II II I I"I3 I I wI ( I ly t II I xl ( it I I MlMIT17'W I. IiM-, W II I �i Ig 7T I it I - I� I "Y fat I ;( I 1 I I" I UNf TA9tE II I� 1I � ` ,ApL� E NdS i i I S G a 0 I T. 3 N., R 1 W., B.M. 0F10 I I it II 11 I W.""ffypo. 36 n NTS PROJECT: EXHIBIT B OWNER/DEVELOPER: 2030 S. WASHINGTON AVE. DWG# STAPLETON SUBDIVISION NO. 1 EMMETT,ID 83617 19201-EX CITY OF MERIDIAN CONGER GROUP P. (208)398-8104 PROJECT# PATHWAY EASEMENT � F: (208)398-8105 19201 MERIDIAN, IDAHO �Awr-oor /} SHEET DATE.' 4/2020 L017d' reyi LLG y�/�/I/y�/SAWTOOTHLS.COM 1 Page 149 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Stokesberry Subdivision No. 2 Water Main Easement Page 150 Project Name (Subdivision): Stokesberry Subdivision No. 2 Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. ( See Instructions for additional information), ADA COUNTY RECORDER Phil McGrane 2020-159835 BOISE IDAHO Pgs=5 CHE FOWLER 11/20/2020 01:12 PM CITY OF MERIDIAN, IDAHO NO FEE THIS Easement Agreement, made this 17th day of November 20 20 between-, JPT Properties, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); I • &*J 8,L-7J KFA I U-101 I IN 91 W 0 IN IN' LOW IN; OVA 200 110 MAS IN 1 ILI • USAM 9 101,714 NO "to WHEREAS, the water main is to • provided • • underground pipelines to be constructed • • and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; good and .• consideration, the Grantor •a; hereby give, grant and • unto the Grantee the • for an easement for the operation and maintenance • water mains • and • the following described property: The easement hereby granted is for the purpose • construction and operation • water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's • 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. • Grantee shall not be responsible • repairing, • or • anything placed within the area described in this easement that was placed there in violation • this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, • lie within the boundaries • any Water Main Easement Version 0 1 /0 1/2020 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: STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me onate) by (name of individual), [complete the following if signing in a representative cap 1 v, or strike the following if signing in an individual capacity] on behalf of 7 4� ' ,l z/ , ; r S L L L (name of entity on behalf of whom record was executed), in the following representative capacity: c"€0 (type of authority such as officer or trustee) (stamp) Notary Signature My Commission Expires: 0. .; J. PE 40 • n - UB LIC • �J'l ;�.••N• .'N¢; p��a 'off%%• P .• OF 10 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN c� Robert E. Simiso ay hiL7IAN SIAL Attest by Chris4ohnson, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 11-17-2020 (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 CHARLENE WAY My Commission Expires: 3-28-2022 COMMISSION ## 67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3128122 Water Main Easement Version 01/01/2020 Page 153 Item#10. WATER LINE EASEMENT DESCRIPTION FOR CITY OF MERIDIAN An easement for water line purposes located in the SE 1/4 of the NE 1/4 of Section 5,Township 3 North, Range 1 East, Boise Meridian, and being a part of Lot 21 of Block 1 of STOKESBERRY SUBDIVISION No. 2 as shown in Book 90 of Plats at Pages 10499— 10500 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at the southwesterly corner of said Lot 21, from which the southeasterly corner of said Lot 21 bears S 89°40'55" E a distance of 103.00 feet; Thence N 0°19'05" E along the westerly boundary of said Lot 21 a distance of 15.00 feet to a point; Thence leaving said westerly boundary S 89°40'55" E a distance of 58.00 feet to a point; Thence N 0°35'49" E a distance of 41.76 feet to the POINT OF BEGINNING; Thence continuing N 0°35'49" E a distance of 17.00 feet to a point; Thence S 89°24'06" E a distance of 10.00 feet to a point; Thence S 0°35'49" W a distance of 17.00 feet to a point; Thence N 89°24'06" W a distance of 10.00 feet to the POINT OF BEGINNING. This parcel contains 170 square feet (0.004 acres) and is subject to any other easements, existing or in use. Prepared by: Kyle A. Koomler, PLS L N® Civil Survey Consultants, Incorporated CE SF G,p October 22, 2020 � 1 78® o 4rFOF%0D `F A. KO Page 1 of 1 Page 154 Llte-#iojETCH TO ACCOMPANY DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE SE 114 OF THE NE 114 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO L-1 � STOKESSERRY SUED/VISION NO. 2 4 BL OCK 1 O .ate'p LOT 21 N � � W EXISTING SAN/TARP SEWER L-2 AND WATERLINE EASEMENT W POINT OF W (PLA TTED) BEGINNING EASEMENT o Z S 89'40 55" E 58.00' z 0 0 � o o S 89'40 55" E 103,00' E RIVER VALLEY ST oNN LA At ENS � G CIVIL SURVEY CONSULTANTS, INC. e 2893 SOUTH MERIDIAN ROAD o MERIDIAN, IDAHO 83642 a 1878 (208)888-4312 lF OF LINE DATA ! LINE BEARING DISTANCE F A K�� SCALE: 1"=20' L-1 5 89'24'06" E 70.00, L-2 N 89'24'06" W 10.00' Page 155 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Linder Village (FP-2020-0004) by CSHQA, Located at 1407 W. Chinden Blvd. Page 156 Item#11. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 10, 2020 Topic: Final Plat for Linder Village (FP-2020-0004) by CSHQA, Located at 1407 W. Chinden Blvd. Information Resources: Click Here for Application Materials Page 157 Item#11. STAFF REPORT C� w COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/17/2020 Legend DATE: 0 Iff Project Lcofl3ton TO: Mayor&City Council Rll FROM: Sonya Allen,Associate Planner 208-884-5533 — - T -N SUBJECT: FP-2020-0004 Linder Village MAE LOCATION. Southeast corner of N. Linder Rd. and W. - Chinden Blvd./SH 2O-26, in the NW 1/4 �. � � of Section 25,Township 4N.,Range __ 1 W. aufi I. PROJECT DESCRIPTION Final plat consisting of 19 buildable lots(17 commercial and 2 residential) on 74.89 acres of land in the R-8 and C-C zoning districts. II. APPLICANT INFORMATION A. Applicant: Mandie Brozo,CSHQA—200 Broad Street,Boise, ID 83702 B. Owner: High Desert Development Linder Village,LLC—2537 W. State Street, Ste. 110,Boise,ID 83702 Lynx Investments,LLLP—712 N. Troutner Way, Boise,ID 83712 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2017-0088)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of Page 1 Page 158 Item#11. buildable lots and common open space area have not changed. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Note:Lots I and 2, Block 2 and Lot 1, Block 3 will be re-subdivided with future development; the dedication of right—of-way and extension of W. Director St. and N. Arliss Ave. will occur at that time. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 1/4/2018) 31 a_4 i 1 PRMAMAM MAT rAFMIL Mr M 030ML a wca mar PP20 Page 159 Item#11. B. Final Plat(dated: 10/19/20) PLAT 9yOW IN¢ ' UNDER VILLAGE SUBDIVISION 600EC PAGE Li!hA1tlGYl[h llllSlll 2 A PORTIWI OF TWWPLTlt If2OFTHENORTMVESTIM OF SECTION 25 arrM..wn TOW45HIV.NCRTH,RANGE 1 WEST,OOISE URION}1 UTT OF ME�,ALLL mLINTY,l]4H❑ � �Tem c CLRPE IP&.E m-- 1 *r iwo DELTA La CH u{a —�.,.d nPn�a.wnuLala[«+4an a�w T _ +w N O w,s..�.r.l� w�-aar ruvu xnrxnvx x Ps•ma w.n• xlvmre • ur.v.nw,..xa rwu• � � �v�� r n.,ur�.orr�a�oda«zw wsassr _ _ _ a wor.,w arc eNl+ew..ea.r � ..e avi�Sl,ee[1-PN4Iw,sadfaux Tab4s j.nrvi Km W.�„ `14M 7:UlLai1S,%9LNOlx��NuhM h�Bid RPfGd PBt! SFeF13.EaSerrleirtS die Ea mem No yPxa. li Yawre'SW SIICN dI 4„�neRS�nm0-4 Sl 5!Agmmy App—li and FAK4 dlnE. 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'BET -.-:1 Ll Item#11. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2019-028376) and preliminary plat(H-2017-0088)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council's approval of the preliminary plat(by February 5,2021); or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Fox Land Surveys, stamped by Timothy J. Fox, dated: 10/19/2020, included in Section V.B shall be revised as follows: a. The line type depicted in the Legend for the plat boundary is used in other areas that are actually lot lines,not the plat boundary;revise accordingly. b. Legend: Include the recorded instrument number for the sewer and water easement on Sheets 1,2 and 3. c. Include the ITD Right-of-Way Instrument number on Sheets I and 3. d. Include the sidewalk easement number in Detail"A"on Sheet 2 and on Sheet 3. e. Include the permanent ACHD easement in Details"A", "B"and"A-2"on Sheet 2 and on Sheet 3. f. Include the recorded instrument number for N. Bergman Avenue on Sheet 3. g. Include the recorded instrument number for the 20' wide Winco water main easement depicted on Lot 2,Block I on Sheet 3. h. Include the recorded instrument number for the private 20' wide sewer easement depicted on Lot 15,Block 1 on Sheet 3. i. Plat Note#3: "No lots shall be reduced in size without prior approval from the health authority and the City of Meridian." j. Plat Note#9: Include the Settler's Irrigation District recorded license agreement instrument number. k. Plat Note#11: Include the ACHD recorded license agreement instrument number. 1. Include a note granting a blanket cross-access/ingress-egress easement between all commercial lots in the subdivision. m. The required street buffers(i.e. 35' along W. Chinden Blvd./SH 2O-26,25' along N. Linder Rd. and 20' along W. Plaza Shops Dr.) shall be depicted on a common lot or a permanent dedicated buffer,maintained by the property owner or business owners' association as set forth in UDC 11-3B-7C.2b. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Stack Rock Group, dated 02/21/2020,included in Section V.C, shall be revised as follows: Page 5 Page 162 Item#11. a. Remove the site plan from the plan and only include landscaping and sidewalks/pathways required with the subdivision(i.e. street buffers). b. Provide a minimum of an additional 5 feet outside of the easements along Chinden Blvd. and W. Plaza Shops Dr. for the required street buffer trees as set forth in UDC 11-3B-7C.lb per the standards listed in UDC 11-3B-7C.3. c. Depict a minimum 20-foot wide street buffer along W.Plaza Shops Dr. landscaped per the standards listed in UDC 11-3B-7C. The full 20'width at the back of the sidewalk is not depicted with vegetation. d. Depict a minimum 35-foot wide street buffer along W. Chinden Blvd./SH 2O-26, landscaped per the standards listed in UDC 11-313-7C. If the unimproved street right of way is ten feet (10') or greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a ten foot(10') compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-3B-7C.5.Landscaping improvements within the right of way shall require a license agreement between the property owner and the transportation authority. e. Depict mitigation trees and calculations on the plan in accord with the standards listed in UDC 11-3B-10C.5 for any existing healthy trees 4"caliper and greater that are proposed to be removed from the site. Coordinate with Matt Perkins, the City Arborist, to determine mitigation requirements. f. Depict landscaping on each side of the multi-use pathways along N. Linder Rd. and W. Chinden Blvd./SH 2O-26 that complies with the standards listed in UDC 11-3B-12C.A minimum of(1) tree per 100 linear feet ofpathway is required along with shrubs, lawn and/or other vegetative groundcover within 5'of the pathway. This landscaping is in addition to the street buffer landscaping required in UDC 11-3B-7C; include calculations for the pathway landscaping in the Landscape Requirements table that demonstrate compliance. g. Depict an ADA bus stop on the site as proposed; work with Valley Ride Transportation (VRT)to coordinate the details. If VRT determines a bus stop is not needed at this location, the Applicant should submit written documentation as such from VRT. 6. All fencing shall comply with the standards of UDC 11-3A-7C. 7. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division as required by the Park's Department prior to signature on the final plat(s)by the City Engineer for the multi-use pathways within the street buffers along W. Chinden Blvd./SH 2O-26 and N. Linder Rd.If the pathways are covered under ACHD's and/or ITD's pedestrian easement, a separate easement is not required by the City. 8. Provide a cross-access/ingress-egress easement to the property to the south(Parcel #50425233701, 5960 N. Linder Rd.)in accord with UDC 11-3A-3A;the developer shall work with that property owner to align the driveway/easement with the backage road proposed on that site—submit a copy of the recorded easement to the Planning Division with the final plat application. 9. The Developer shall work with ACHD on the traffic calming measures to slow traffic on Bergman Ave. and W. Bacall St. as allowed by ACHD and the Fire Department per requirement of the Development Agreement. 10. Only one(1)building permit is allowed to be issued on the subject property prior to recordation of the subdivision per the Development Agreement.A building permit for Winco Foods has been issued(C-NEW-2020-0016); no other permits shall be issued until the plat is recorded. Page 163 Item#11. 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 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. Page 7 Page 164 Item#11. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 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. Page 165 Item#11. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 Page 166 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Edington Commons No. 1 (FP-2020-0005) by Conger Group, Generally Located on the East Side of N. Linder Rd., North of W. Ustick Rd. Page 167 Item#12. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 4, 2020 ORDER APPROVAL DATE: NOVEMBER 17, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 45 BUILDING ) CASE NO. H-2020-0005 LOTS AND 9 COMMON LOTS ON ) 7.73 ACRES OF LAND IN THE R-15 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT EDINGTON COMMONS NO. 1 ) BY: CONGER GROUP ) APPLICANT ) This matter coming before the City Council on November 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 EDINGTON COMMONS SUBDIVISION, LOCATED IN A PORTION OF LAND LOCATED IN THE SW 1/4 OF SECTION 36, TAN., R.1W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 10/27/2020, by KEVIN M. BORAH, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EDINGTON COMMONS SUBDIVISION—FP-2020-0005 Page 1 of 3 Page 168 Item#12. PLS, SHEET 1 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 November 4, 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 EDINGTON COMMONS SUBDIVISION—FP-2020-0005 Page 2 of 3 Page 169 Item#12. 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 17th day of November , 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: 11-17-2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EDINGTON COMMONS SUBDIVISION—FP-2020-0005 Page 3 of 3 Page 170 Item#12. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/4/2020 Legend DATE: Project Lacfl-fior TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2020-0005 Edington Commons No. 1 LOCATION: East side of N. Linder Rd.,north of W. Ustick Rd., in the SW 1/4 of Section 36, Township 4N.,Range 1 W. I. PROJECT DESCRIPTION Final plat consisting of 45 buildable lots and 9 common lots on 7.73 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant: Laren Bailey, Conger Group—4824 W. Fairview Ave.,Boise ID 83706 B. Owner: C4 Land,LLC—4824 W. Fairview Ave.,Boise,ID 83706 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0109)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots has decreased by one (1) and the amount of common open space area is essentially the Page 1 Page 171 Item#12. same. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. Page 172 V. EXHIBITS A. Preliminary Plat(dated: 1/8/2020) 7 -ME-- -7 j t Tij A'. FA Ifly EDIN ON PLACE SUBDIVISION W10 K 0 ]BIG N.UNDEP PDAD,14EPMAN,ID PRELIMINARY PIAT Page 3 B. Final Plat(dated: 10/27/20) EDINGTON COMMONS SURDIVISION A POR77CIN OF LAND LOCATED IN THE SWW4 SWI14 OF=OtJ 36, T�4 N-,R.I W,&M, OF KERMIAN,ADA COUNTY,IDAHO 2020 ki L _jI I-j I W N I-I I W-I w 0 A/ L 21-1 d Z 7 1,A j I I V. F� �j �A 1 g., qM j I.. .-- - 2=&WASWIVISTON AVE. tit EMMEIT,ID 0617 FAX E I 7- 71=,I-- 7- C. Landscape Plan(dated: 8/14/2020) & Site Amenities iit P6 I r 43. V yMk, Z.A -,.,10 � r-7- F- F A Fj�-,-q IMA I I q LLIN EIDI'.aT' PL 67E 3�;R. o.I lot r .91 r. Ii CM ACA12, M�IA E 'L FW%T LAIAUgGAFN FL! Page 5 Item#12. -F ~- ti �� _ tom.. �r_ - ■ � ■ I ��5r''r a x -� _ ' r F ��■ �■ � 1�V:R FIST 1T 'S- !� ■- '-_ r � IIiJ WIIFJ � IN 111111■111 : � •�_: -'■ 11,,,mill , �a I� z EDIN5T��.% PL!. E %LJO. No.l -- - - - 10 J"C.-j.U�M AC kM, A=IP,.C R`ifL FLATL-,C&3-F§FLAN °+ Page 176 PLAKT 5rHr-PLJL� AlV; it :1 1:1 "N 11 'APA: lll� VINTL PRIM�r--`FFH'-F 1.:1:111141.1,V I I I�,Hj I Hlj�,j Ar 1�6 A z I Y dlil I il 11 Will Vi;li, 1.1 111W IL 11 1.11 .1 1 1. I.H. I I'll 11 11 IL LU L Ill: jilil lil":,:I i. Ii:14A 11: M. < 11.1 N41. I�i I H 11 N 1:1.11:"I I I I Al:11 1:Ll V.,M i..H.All:Id I I I m i M''T Y , ild." 'ill , cs 1-11 1, —w w Ill.. IM 11 141111 1 'T'Mih.",hi 9. TL, .........j T: Y HIU. 'V'—" -j -j ...11, 11 11 1.11"..,11 1..11 1,-— a. I.. Q�M"P-1�NT IN& . 1 11 111 Ild ll PA ill U:1: 11 1: -,A:::l` ll" Xlill� I z I( A �:I� A M. `WTU:Y dll Ill. hil"Vid, V",Y I 11MV VIII,HHH— _j 'Z I�i"ll:4 1.11 1. mw z �-ANnSISAPZ CA��A710NS A—Tmr� 11 11111. 1 EBED EDOE LAND50AFIE EOU-VER5 Ill 41 id, 14 111.1 L3 Pagc 7 PROJECT AMENMES AS the creveloper we have-researched and intm6med past homecrwirters as wel I as followed the thy ox-dmances to plan the mo-st PF13dLlCfiW amenbas for this nathborhood- As t-VVkaJ of our de%6eJo pments.the amenifies paikage exceeds the requirement 431F Meridian City DL-velupni-ent Oade,wNch requires that t-M application have one ame rhitv for projects-up to 2 0 acres-we are proposing four additiona.1 ameni;ties for a rcA31 of f_rwe End Liding a neighborhood pa A Mth a play structure,clirn bing rocks,dirn bing dome,siving set and seating areas.Please refer W the renderings and a-dEtailed list of 3 menities below- Proposed AMe r4ities Large Half-Arre PaA-The half-acre-park will io ntaiia the followiN recreatio n facilities: Play RFUMre elim bi ng Durne. Swing Set -Clim bi ng Rocks sitting mriches Opeth Play Lawn V J Attra-Eliwe La ndfcap'.ng Pedestrian Pathw3ys 9"X& It OW crrp) WFUN5 7 "J.F."P.A- fr": 4' IWY4 A AREA W =I L Rib D. Common Driveway Exhibits -------- SC�LE W ,12,00' REAR S ETWYCK L———————— r————————— LOT 7 TAKES ACCESS FROM WINDSWEPT DFR. DRIVEWAY LOCATED ON EAST SIDE OF LOT. 2 4 20-DO' SETEW� 7 ZERO S�BAC LOT IE 3 5-00' LWP BUFFER z 2O.Da, COMMON DRIVE —————————- W WINDSWEPT DR EDINGTON COMMONS SUBDIVISION NO- I COMMON DRIVE EXF]IBIT-LOTS 3-7 BLOCK 1 Page 9 Lo-r 17 TAKE� 'ESS Mom WHDSwr-�CA. ERNEWAY LOCATM ON W= OF Lm LSCF R 37 19 2G-00, COMMON w 20 ZERO SETIIAQ K LOT LINE Alt CL LOT 21 TAKES ACCESS P�W 14TH AVE. 2 URNEWAY LOCATED ON SoLTH WE OF LOT. ——————————- 22 3t EDINGTGN CGMMONS SUBDIVISION NO- I . . . COMMON E)RFVE EXHIST-LDT T,7-21 BLOCK I SCALE 1. 3c. r------L I------ ------ ZERO SETBACK LOT LINE _rry ZERO SETWk EASEMENT LOT LINE 3 2 4 6 !i 11 11 CESS LOT 2 TAKES AC S-W SIDE FROM WOODCHEST ST. M SETBACK TYP D.R.IVEWAY LOCATM ON EAST SIDE OF LOT. -i L ————-- Qc W WOODCH EST ST r--————————— (L U)l d IAKES ACCESS FROM 15TH AVE. DRIVEWAY LOCATED ON SOLITH SIDE OF LOT. ZERO SETBACK LOT UNE 7 ———————————--— EDINGTON COMMONS SUBDIVISION NO- 1 1 a is 30 ' =im� COMMON IDRIVE EXHIBIT-LOTS 2-8 BLOCK 2 SCALE I'-30, Page I I E. Emergency Fire Access Plan + I T �I TZ".I T_ T: I �7RS��ML ................................................................................................................................ ............................... ....... .............. ......................................................... ........................................ ........... ............ 7�% ............... Q � o ................... Is. ........... I.................I ..........I........... . ................................ ........................................... .................................. .................................. Zj MIF=... ............... T ................................................ ....L ...................... ................................................................... ............ ... ............ ...................................... .... ..........MF 41� F LJ W-WOODCH EST STREET PLAN AND PROFILE NW-15TH AVENUE PLAN AND PROFILE W-WOOEMNE ST PLAN AND PROFILE FrIL 19-M To IA+CO STA H.M TO 1 Non STA I D-MTD I 1+!M C4.1 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-044056) and preliminary plat(H-2019-0109)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council's approval of the preliminary plat(by March 10,2022);or apply for a time extension, in accord with UDC I 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 Sawtooth Land Surveying, stamped by Kevin M. Borah, dated: 10/27/2020,included in Section V.B shall be revised as follows: a. Note#7: Include the recorded instrument number of the ACHD license agreement. b. Note#8: Include the recorded instrument number for irrigation water from Meridian Project. c. Note#10: Include the correct recorded instrument for the Development Agreement(#2020- Q44056). d. Note#14: Include the recorded date and instrument number of the ACHD storm water drainage easement and graphically depict the locations of the easement on the plat. e. Note#15: Include the recorded instrument number of the ACHD sidewalk easement. f. Legend: Include the recorded instrument number of the Coleman Lateral easement. g. Legend: Include the recorded instrument number of the ACHD slope easement. h. A minimum 15-foot wide common lot shall be provided between Lots 17 and 18,Block 1 for a micropath in accord with preliminary plat condition#2b; or,the area may be included in Lot 18,Block 1.Note:A minimum 5-foot wide landscape strip is required on each side of the pathway in accord with the standards listed in UDC 11-3B-12C. i. Surveyor's Narrative: Delete portions of note pertaining to a gap from the monuments between the Fuller Ranchette's and Dunwoody Subdivision as it's not applicable. A copy of the revisedplat shall be submittedfor City Engineer signature. 5. The landscape plan prepared by Jensen Belts Assoc., dated 08/14/2020, included in Section V.C, shall be revised as follows: a. A minimum 15-foot wide common lot shall be provided between Lots 17 and 18,Block 1 for a micropath and landscaping in accord with preliminary plat condition#2b; or,the area may be included in Lot 18,Block 1.A minimum 5-foot wide landscape strip is required on each side of the pathway landscaped per the standards listed in UDC 11-313-1 2C which requires a mix of trees, shrubs and/or other vegetative groundcover. b. Depict the 40-foot wide irrigation easement for the Coleman Lateral consistent with the plat; the 10-foot wide multi-use pathway with 5-foot wide landscape strips on each side of the pathway shall be located outside of the Irrigation District's easement. Depict landscaping along the pathway in accord with the standards listed in UDC I I-3B-I 2C,which requires a mix of trees, shrubs and/or other vegetative groundcover. Page 13 c. Include the linear feet of parkways and required&provided trees in the calculations table on Sheet L3 of the landscape plan that demonstrate compliance with the standards listed in UDC 11-313-7C. d. Include the linear feet of pathways and required&provided number of trees in the calculations table on Sheet L3 that demonstrate compliance with the standards listed in UDC 11-313-12C. e. Depict mitigation trees and calculations on the plan in accord with the standards listed in UDC 11-3B-1 OC.5. Coordinate with Matt Perkins, the City Arborist, to determine mitigation requirements prior to removal of any treesfrom the site. f. If the unimproved right-of-way of N. Linder Rd. is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC I I-313-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. g. The Coleman Lateral shall be piped as proposed by the Applicant with the preliminary plat; remove the depiction of the open waterway from the plan per preliminary plat condition#3e. 6. Construction of the common driveways on Lots 6 and 18,Block 1 and Lot 7,Block 2 shall comply with the standards listed in UDC I I-6C-3 D. The lots accessed via the common driveways shall have setbacks consistent with that shown on the exhibits in Section V.D. 7. All single-family attached structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwellings prior to submittal of building pen-nit applications. 8. All homes along the west perimeter boundary of the development adjacent to N. Linder Rd. (i.e. Lots 3-5,Block 1 and Lots 6 and 8-15,Block 2) and on Lots 19-24,Block I shall be restricted to a single-story in height per the Development Agreement. 9. Provide address sipage at the entrance to the common driveways on Lots 6 and 18,Block I and Lot 7,Block 2 at the public street for homes accessed by the common driveways for emergency wayfinding purposes; and sip the common driveway with"No Parking—Fire Lane" sips as set forth in IFC D103.6 Signs. 10. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer; or a note stating such may be included on the plat. 11. 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. 12. All fencing shall comply with the standards of UDC I I-3A-7C. 13. Emergency access shall be provided in accord with the emergency fire access plan shown in Section V.E. 14. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division as required by the Park's Department prior to signature on the final plat(s)by the City Engineer for the multi-use pathway along the Coleman Lateral. 15. Parking is restricted to only the south side of the 27-foot wide street section(i.e. W. Windswept Dr.); signage shall be installed prohibiting parking on the north side of the street to ensure emergency access can be provided. 16. No building permits shall be issued for residential homes within the development prior to January 1,2021. 17. All single-family attached structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwellings prior to submittal of building permit applications. 18. 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: I. Type I Streetlights, 3 5'in height with a 12'mast arm are required every 200'on N. Linder Road. There is streetlighting conduit along the frontage on Linder. If there are conflicts with overhead power 3 0'davit poles may be utilized. Applicant shall provide a revised street lighting plan to include the Linder Road frontage per Public Works General Condition#25. 2. The angles between the in and out piping at Sanitary Sewer MH A-1 needs to be 90 degrees minimum. 3. The Clean-Out for lot 19 needs to be located outside of ROW. 4. From the preliminary geotechnical investigation of groundwater elevation provided in the Preliminary Plat application,it appears that shallow groundwater may be a factor with the development of this subdivision. Additional monitoring and analysis shall be required to ensure that homes constructed within this development do not encounter groundwater within their crawl spaces. The geotechnical investigation also indicates some very specific construction considerations due to some existing fat clay soils and organic materials encountered on the site. The applicant shall be responsible for the strict adherence of these recommendations to help ensure that structural footings bear on competent,undisturbed,native silty clay with sand soils, or structural fill, and that groundwater does not become a problem within crawlspaces of homes. 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. Page 15 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 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 11-5 C-3 C. 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 I I-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. 2 1. 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 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 Environtnental 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 17 Item#13. E IDIA AHO AGENDA ITEM ITEM TOPIC: Final Order for Movado No. 9 (H-2020-0006) by DevCo, LLC, Located Approximately Y4Mile South of E. Overland Rd. on the West Side of S. Cloverdale Rd. Fage 188 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 4. 2020 ORDER APPROVAL DATE: NOVEMEBER 17, 2020 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 34 BUILDING CASE NO. FP-2020-0006 LOTS, 6 COMMON LOTS,AND I COMMON DRIVE ON 7.47 ACRES ORDER OF CONDITIONAL OF LAND IN THE R-15 ZONING APPROVAL OF FINAL PLAT DISTRICT FOR MOVADO NO. 9 SUBDIVISION. BY: DevCo, LLC APPLICANT This matter coming before the City Council on November 17, 2020 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 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 MOVADO SUBDIVISION NO. 9, LOCATED IN THE NE 1/4 OF SECTION 2 1, TOWNSHIP 3N. RANGE I E, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 9/16/20,by Jeff Beagley, PLS, SHEET I OF 4"is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Movado No. 9 Subdivision—FILE#FP-2020-0006) Page I of 3 conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 4, 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 Sophia Durham, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Movado No. 9 Subdivision—FILE#FP-2020-0006) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-652 1. 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(2 8) 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 17th day of November 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: 11-17-2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Movado No. 9 Subdivision—FILE#FP-2020-0006) Page 3 of 3 Exhibit A STAFF REPORT El� COMMUNITY DEVELOPMENT DEPARTMENT DATE: 11/4/2020 Legend TO: Mayor&City Council Project Location FROM: Joseph Dodson,Associate Planner 208-884-5533 SUBJECT: FP-2020-0006 Movado No. 9 Thu PROPERTY LOCATION: The site is located approximately 1/4 mile south of E. Overland Rd. on the west side of S. Cloverdale Rd.,in the E 1/2 of Section 21, Township 3N.,Range 1E.. 1. PROJECT DESCRIPTION A final plat consisting of thirty-four(34)building lots, six(6) common lots,and one(1) common drive on 7.47 acres of land in the R-15 zoning district. This is the ninth andfinalphase of development of the Movado Estates Subdivision (H-2016-0112). 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 7.47 Future Land Use Designation MDR(Medium-Density Residential) Existing Land Use Vacant Proposed Land Use(s) Single-family residential(SFR) Current Zoning R-15 Lots(#and type;bldg/common) 34 SFR,6 Common, 1 common drive Density(gross&net) 4.55 Gross, 10.9 Net Open Space(acres,total 3.21 acres(43%specific to this phase) buffer/qualified) Amenities Walking Pathways;other amenities built with previous phases. Physical Features(water-ways, Ridenbaugh Canal runs along the north boundary;Eightmile hazards,flood plain,hillside) Creek runs along the entire south boundary of this phase. History(previous approvals) H-2016-0112(annexation,preliminary plat and alternative compliance);Development Agreement Instrument#2017- 012608 and#2017-024757. Page 1 B. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend aProjecf Location Project Location -R. e lu I'Densq_ IR(e�sii d i- I CIVI Li .Zoning Map Planned Development Map —RU end Legend Project Location Project Location g,e n d I _J__l Location R R�i I City Limb IRUT — R4A PIcnred PorceL� C G-2 R �C C� R Rul A G G C-C' R-141 F0 R.. P OT R_1 R-1 111. APPLICANT INFORMATION A. Applicant DevCo, LLC B. Owner: Same as Applicant C. Representative: Sophia Durham, Conger Development—4824 W. Fairview Ave., Boise, ID 83706 Page 2 IV. STAFF ANALYSIS The proposed final plat consists of 34 building lots, six (6) common lots, and one (1) common drive in the R-15 zoning district. The minimum lot size proposed is 3,200 square feet with an average lot size of approximately 3,9 10 square feet. Because the number of building lots and the amount of common open space is the same as the approved preliminary plat, staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC I 1-6B-3C.2. This is the final phase of development of the Movado Subdivision (H-2016-0112). V. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section V11 of this report. Page 3 VI. EXHIBITS A. Preliminary Plat co� C2 011d'SNOI.LVAONNI 11A13 6 NoIsMoons ou"ow --------------- L 5 .Lj I, A� J __4 41 N 'in r I El iii cc 'i�l�livill I 4— C) K, '0� �,=3737 COD CD A ti �U L C= w k 7�`T A RZ,z" J-H Page 4 B. Final Plat (dated: September 16, 2020) T-H A iifj L MW4 �"��,"0� I �-.N --t � Hui HMO H 0i OMM i N n �j'�"p 9 NO � �U, 7 -fi q, 03 �w g w in q� G P. Page 5 ,'.o A\1 /01 ---—------ Page 6 C. Landscape Plan(dated: April 20, 2020) " 4' 4 j<' k 2T- ui- E�U.I'j J .01q m u �\fw fif MOVADO SUBDIVISION NO. 9 MERIDIAN, ID Brit FINAL PLAT LANDSCAPE PLAN Page 7 j N Z- 0 ru n Im MOVADO SUBDIVISION NO. 9 MERIDIAN, ID FINAL PLAT LANDSCAPE PLAN Page 8 INV, FLANT SC-r:VJL�- OW -1-AK V 5-v FRI-cy-E 07E > F3 7 7 F�- L3 Page 9 D. Common Drive Exhibit 36 LOT 36 TAKES ACCESS FROM DERD PLACE- ORNE"Y LOCATED 37 SOLITHWEST SIDE OF L 29 38 39 BLOCK I I d> 40 \> 41 42 EG------------- Er, ED ry q) MOVADO SUBDIVISION NO. 9 a COMMON 1)RIVE EXHI BIT-LOTS 3 8-4 2 BLOC K 11 VII.PLANNING AND PUBLIC WORKS COMMENTS & CONDITIONS 1. The applicant is to meet all terms of the approved annexation and preliminary plat(H-2016-0112) and development agreement (histrument#2017-012608 &2017-024757) for this development. 2. The applicant has two years from September 30,2022,the date of signature on the most recently signed final plat phase (Movado No. 7),to obtain the City Engineer's signature on this final plat or apply for a time extension in accord with UDC I 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. Prior to signature on the final plat by the City Engineer,the final plat prepared by Sawtooth Land Surveying,LLC (Exhibit B), dated September 16,2020, shall be revised as follows: a. Add a note stating"This subdivision is subject to the provisions contained in City of Meridian Development Agreements Inst. #2017-012608 &2017-024757. b. Note#15: hiclude recorded access easement instrument number. c. Add a common lot at least 25-feet wide along Cloverdale Road to contain the required landscape buffer. Page 10 5. Prior to signature on the final plat by the City Engineer,the landscape plan prepared by Jensen Belts Associates (Exhibit C), dated April 20,2020, shall be revised as follows: a. Revise the common open space lot layout of Lots 43 &44,Block 11 to match the lot layout on the submitted Final Plat and include a common lot for the required landscape buffer along Cloverdale Road. b. Show the required 25-foot landscape buffer along Cloverdale Road vegetated per the standards in UDC 11-3 B-7. c. Revise the fencing shown along the Ridenbaugh Canal to depict 5-foot open vision fencing as approved with the preliminary plat and as required in UDC I I-3A-7. d. Show the proposed amenity in Lot 43, Block 11 to be more consistent with the landscape plan approved with the preliminary plat application and per the approved Development Agreement provisions, and provide an electronic copy of exhibits of the required outdoor fitness equipment as approved with the preliminary plat application to Planning Staff. 6. The Applicant shall vegetate the common open space lot along the Eightmile Creek, shown as Lot 43,Block 11,per the approved landscape plans of the preliminary plat with natural seeding. 7. The applicant shall comply with the submitted home elevations within the approved preliminary plat(H-2016-0112). 8. All fencing shall be installed in accordance with UDC 11-3A-7. 9. Stormwater integration facilities shall comply with the standards listed in UDC 11-3B-1 IC. 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 for more information. 11. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 12. Prior to the issuance of a building permit,the final plat shall be recorded. 13. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 14. The applicant shall maintain surface water delivery to the adjacent properties and participate in the maintenance of the drainage ditches within and near the boundaries of the Movado Subdivision in accord with the recorded development agreement. 15. Avoid sanitary sewer service lines going through seepage beds whenever possible.Adjust seepage beds,or service lines so they are not going through a seepage bed. There are multiple areas where the infiltration trenches can be relocated to eliminate these crossing. Applicant to reconfigure infiltration trenches to eliminate or minimize crossing. 16. The eastern boarder of the development is Meridian's City limit. Therefore,the sewer should dead end at a manhole at the eastern boundary. 17. All sewer manholes must have at a minimum, a 14-foot wide compacted gravel maintenance road to them that meets the City standards. This includes areas where future roads will be installed. There are multiple areas where a"14'MNT Road"is called out in the development plans.However, the design of the Maintenance Road is not shown in plans. The MNT road should at a minimum meet the City standard for access roads. Page I I 18. A Floodplain Development Permit has been issued for this development.Houses constructed within this development will require individual floodplain permits 19. The developer shall comply with the best practice standards approved with the recorded development agreement as follows: • Continue groundwater monitoring of the site through at least next irrigation season to more accurately gauge peak levels and confirm current estimates. The soils report and groundwater monitoring are to be referred to and documented in the construction documents as each phase is designed.Particular attention is to be paid to finished lot grades in relation to estimated ground water levels. • Construction drawings with each development phase shall include a master grading plan addressing drainage within each block and the drainage patterns on each lot. The plans shall also include: a.Finished grades for all roads,back of curbs at lots,rear lot line swales,side lot line swales where appropriate; b. Lot existing grade prior to grading operations; c. Lot finished grade to be achieved following grading operations; d. Minimum and Maximum top of foundation wall elevations for each lot; e. Reference to the soils reports and recommendations provided by the soils consultant; f. Reference to the "Recommendations for Homebuilders" memo provided by the soils consultant; and g. The homebuilder to comply with required top of foundation elevations or submit an engineered site grading plan certifying compliance with grading plan. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this 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 perfortnance 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 Page 12 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 11-5 C-3 C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public—works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of Page 13 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 14 Joseph Dodson From: Sophia Durham <sophia@congergroup.com> Sent: Tuesday, November 10, 2020 3:38 PIVI To: Joseph Dodson Subject: RE: Movado No. 9 HiJoseph, Yes we are good with your staff report for Movado 9 Final Plat. Thank you for all your help in getting that processed. Please let me know if you need anything else. Thanks, CIG CONGER G ROU P Sophia Durham 4824 W. Fairview Avenue Boise, Idaho 83706 208.336.5355 x4 sophia0congergroup.com From:Joseph Dodson <jdodson@meridiancity.org> Sent:Tuesday, November 10, 2020 2:44 PM To: Sophia Durham <sophia@congergroup.com> Subject: Movado No. 9 Hi Sophia, Can you please send me an email response stating that you and your team are ok with my staff report for Movado No. 9 Final Plat? I need that to do the Final Orders due today. Thank you so much! Joseph Dodson Current Associate Planner City of Meridian Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.884.5533 C>tfEF�� Builtfor Business, Designedfor Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request, unless exemptfrom disclosure by low. 1 Item#14. E IDIA AHO AGENDA ITEM ITEM TOPIC: Final Order for Quartet Northeast No. 1 (FP-2020-0003) by Kody Daffer of Brighton Development, Located on the East Side of N. Black Cat Rd., 1/4 Mile South of W. McMillan Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 4. 2020 ORDER APPROVAL DATE: NOVEMBER 17, 2020 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 72 BUILDING CASE NO. FP-2020-0003 LOTS AND 11 COMMON LOTS ON 26.4 ACRES OF LAND IN THE R-4 ORDER OF CONDITIONAL ZONING DISTRICT FOR APPROVAL OF FINAL PLAT QUARTET NORTHEAST NO. I BY: BRIGHTON DEVELOPMENT APPLICANT This matter coming before the City Council on November 4, 2020 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 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 QUARTET NORTHEAST SUBDIVISION NO. 1, LOCATED IN A PARCEL OF LAND SITURATED IN THE S 1/20F THE NW 1/40F SECTION 34, TOWNSHIP 4 NORTH, RANGE I WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUARTET NORTHEAST NO. I FP-2020-0003 Page 1 of 3 HANDWRITTEN DATE: 09/10/2020,by AARON L. BALLARD, PLS, SHEET I OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 4, 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUARTET NORTHEAST NO. I FP-2020-0003 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-652 1. 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(2 8) 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 17th day of November ' 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: 11/17/2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUARTET NORTHEAST NO. I FP-2020-0003 Page 3 of 3 EXHIBIT A STAFF REPORT C�WE COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/4/2020 Legend DATE: Iff Ppc��ecl Lc=tor -9W TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2020-0003 Quartet Northeast No. I L LOCATION: East side of N. Black Cat Rd., 1/4mile south of W. McMillan Rd.,in the NW 1/4 of Section 34,Township 4N.,Range 1W. 1. PROJECT DESCRIPTION Final plat consisting of 72 buildable lots& I I common lots on 26.4 acres of land in the R-4 zoning district. 11. APPLICANT INFORMATION A. Applicant: Kody Daffer,Brighton Development—2929 W.Navigator Rd.,Meridian, ID 83642 B. Owner: Brighton Development, Inc.—2929 W.Navigator Rd.,Meridian, ID 83642 C. Representative: Same as Applicant 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0017)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots in Block 3 has decreased by one(1)and the common open space is substantially the Page 1 same. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 1/31/2020) QUARTET NORTHEAST 5UBDIVISION PRELIMINARY PLAT FT7,9—A J . I A PARCEL OF LAm)siruArm IN THE SOUTH 212 OF IMF NORTHWEST 114 OF SFCTPON M, TM"SHIP4 NORTH,RAN'GE IWEST,CITY OF MERIDIAN,ADA COUNTY.IDAHO L-- 0 a, 0 I L 9�nq cimAurTNORTHEASTSU DINWON MEN PP1.0 B. Final Plat(dated: 9/10/20) PLOW QUAMEt WO"F"r WMY15"No 1. —.d.�l--W—...�h. I— M, =.7- W--C"Z- mcrr vi it ma w w 9 LEI y k PRIC*ff43N TWN WOF 09AJYTET NWHEAST SLMOMMON No.I eq ji ib t z T—r� ---MW f i F !-i-N-�14 r 1= rN w Page 3 'qArQF QUARTET NORTHEAW RJEUIV15ION No.I I Lj �-7--, � a -0 t — Mmv )A A �J4 rp :3p) 47J 4--p �K. -1-1"ML 44'd L:. ?KM TP= jffim ni BRIGHTON�P TK)N FZ�MTM w PLAT cw QUARTET NORTHEAST SUBDIVISION No.I -0.)a Lrl=l=1--._l—p I —.6M-Tj- IT T,� A MI -9 s�—M-M R M M-- ra;MMM MEW n I 2c=�=�g�n 2.M.MW V-11 Mv- m I Mk.64% �Wz=%ON:=05,F=ZT a %1- =.rr 7 MW WN q-w MiGHT04URPORATION C. Landscape Plan(dated: 09/3/2020) R 21� X-r-'MK� -zt Zo 'm am, U k -r nn E-qwv,% m EP i T-j M�W,-,R i &NO- J-p-,j El MER krn El �Tl =Tie. El ...... IE .......... 3W-"I im EO -i�w Page 5 Z7 . A El RT= wam'o enz-r- LaPOMUEPIAN km Ram D. Common Driveway Exhibits LM il N.4 KH-lu6a%mz L"on.4 �Or Id"r IF WCAM 0� Z.Pwrc M "P---LW tr Lpl phW + TGplWM QMS IT _j L--Mr L rd 4 OMA I[ -M lk-*K LAW MDlMM 9.[M lV.W.N IT.P.MV MOM ZaL%M B-"&MITM LM E.orN N Or ID M A PAW-OUNJONM ��A�u Z��Wffl M I I r T5 bw I IL 13 Blci.�rM LM 15 am�I 1.G.L Uknb M rA 51 MO 0, �*�- 0 r k --K pi km I MO _j I F--41 E):2.0 n Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-14696 1) and preliminary plat(H-2020-0017)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council's approval of the preliminary plat(by August 11, 2022); or apply for a time extension, in accord with UDC I 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 KM Engineering, stamped by Aaron Ballard, dated: 9/10/2020, included in Section V.B shall be revised as follows: a. Note#13: Include the recorded instrument number of the ACHD landscape license agreement. b. Note#14: Include the recorded instrument number of the ACHD public right-of-way easement. c. Note#18: Include N. Torbin Way. d. Note#19: Exclude Lot 6,Block 3 from being servient to and containing the ACHD stormwater drainage system; or, graphically depict the easement location on the lot(it's not currently shown). e. Include the recorded instrument number of the ACHD permanent easement on Sheet 3. f. Depict a lot number on Lot 7,Block 3 on Sheet 1. A copy of the revisedplat shall be submittedfor City Engineer signature. 5. The landscape plan prepared by KM Engineering, dated 09/3/2020, included in Section V.C, shall be revised as follows: a. If any existing trees are proposed to be removed from the site,the Applicant shall schedule an inspection with the City Arborist,Matt Perkins,prior to removal of any such trees to determine mitigation requirements in accord with the standards listed in UDC I 1-313-1 OC.5. Mitigation information shall be included in the calculations table on the plan if applicable. b. If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC I I-313-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. c. Depict the location of the swimming pool and children's play equipment on Lot 9,Block 4; include a detail of the play equipment. 6. Construction of the common driveways on Lots 10 and 16,Block 1, and Lot 2 1,Block 3 shall comply with the standards listed in UDC 11-6C-3 D and with the exhibits in Section V.D. 7. Provide address signage at the entrance to the common driveways at the public street for homes accessed by common driveways for emergency wayfinding purposes; and sign the common driveways with"No Parking—Fire Lane"signs as set forth in IFC D 103.6 Signs. 8. The existing home to be retained on Lot 2,Block I is required to disconnect from private systems and hook up to City water and sewer service within 60 days of such services becoming available as set forth in MCC 9-1-4 and 9-4-8 respectively. Existing wells may be used for irrigation purposes only. 9. The existing home to be retained on Lot 2, Block 1 is required to be assigned a new address with subdivision of the property. 10. The bridge across the Five Mile Creek and the gravel fire access road from Black Cat Rd. in the location where the collector street is proposed shall be constructed for emergency access for any development over 30 homes/lots as approved by the Fire Department. 11. The Five Mile Creek/Drain shall be protected during construction. 12. The rear and/or side of structures on lots that face N.Black Cat Rd. (i.e. Lots 6 and 7,Block 3), an arterial street, and N. Torbin Way(i.e. Lot 37,Block 3 and Lot 2,Block 4),a collector street shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exemptfrom this requirement. 13. 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. 14. All fencing shall comply with the standards of UDC 11-3 A-7C. 15. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the 10- foot wide multi-use pathway along the Five Mile Creek,prior to signature on the final plat by the City Engineer. 16. The existing access via Black Cat Rd. for the home proposed to remain on Lot 2,Block 1, shall be removed. 17. All existing structures that don't comply with the setback standards listed in UDC I I-2A-6 shall be removed from the site prior to signature on the final plat by the City Engineer. 18. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the swimming pool facility. 19. 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: I. The street light plan submitted with the construction plans appear to meet city requirements based on a preliminary review. 2. A Floodplain Development Permit is required. A hydraulic study was completed for The Oaks Subdivision. Phase#1 of this development has no buildings in the floodplain. The permit is needed for site work. 3. Slope between sanitary sewer manhole SSMH#C-I/SSMH#A-4 and SSMH#E-I/SSMH#A-5 are too steep. Maximum allowable slope is 5%. 4. Angles between in and out sewer main piping at SSMH#E-1 needs to be 90 degrees minimum. Page 9 5. At the end of the 8-inch water main at W. Mirmonte Dr. and N. Torbin Way,the water model predicts"close to"20 psi pressure at our minimum required fire flow of 1500 gpm.An on-site flow test must be conducted at that farthest hydrant near the eastern end of Phase 1 to verify flow prior to acceptance of the installed infrastructure. If the field flow test results in a lower pressure than 20 psi,there is a potential for the restriction of building for a few lots until the second connection is completed though Quartet SE. 6. From the preliminary investigation of groundwater elevation provided in the Preliminary Plat application, it appears that shallow groundwater may be a factor with the development of this subdivision. Additional monitoring and analysis shall be required to ensure that homes constructed within this development do not encounter groundwater within their crawl spaces. Updated data and recommendations from a geotechnical professional shall be required with the submittal of construction design drawings. 7. A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District,a floodplain permit application,including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. General Conditions: 8. 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 conforruance of City of Meridian Public Works Departments Standard Specifications. 9. 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. 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-3B. 11. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 12. 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. 13. 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. 14. 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. 15. 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 11-5 C-3 C. 16. 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. 17. 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. 18. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 19. Developer shall coordinate mailbox locations with the Meridian Post Office. 20. All grading of the site shall be performed in conformance with MCC I I-1-413. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 Page I I plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 27. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 28. 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. 29. 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. 30. 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. 31. 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. Item#15. E IDIAN*-----, (:>'*-W, AGENDA ITEM ITEM TOPIC: Final Order for Shelburne South No. 1 (FP-2020-0001) by Ian Connair of Kimley-Horn & Associates, Located on the North Side of E. Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 4. 2020 ORDER APPROVAL DATE: NOVEMBER 17, 2020 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 59 BUILDING CASE NO. FP-2020-0001 LOTS AND 16 COMMON LOTS ON 16.61 ACRES OF LAND IN THE R-8 ORDER OF CONDITIONAL ZONING DISTRICT FOR APPROVAL OF FINAL PLAT SHELBURNE SOUTH NO. I BY: KIMLEY-HORN & ASSOCIATES APPLICANT This matter coming before the City Council on November 4, 2020 for final plat approval pursuant to Unified Development Code (UDC) I I-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 SHELBURNE SOUTH SUBDIVISION NO. 1, LOCATED IN THE SW 1/40F THE SE 1/40F SECTION 28, TOWNSHIP 3N., RANGE IE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 08/18/2020,by CLINTON W. HANSEN, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. I —FP-2020-0001 Page 1 of 3 SHEET I OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 4, 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 § 67-652 1. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. I —FP-2020-0001 Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(2 8) 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 17th day of November 12020. 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: 11-17-2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. I —FP-2020-0001 Page 3 of 3 EXHIBIT A STAFF REPORT C�WE COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/4/2020 Legend DATE: Ppdp--cl L<=tor TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2020-0001 Shelburne South No. I LOCATION: North side of E. Amity Rd. midway between S. Eagle Rd. and S. Cloverdale Rd.,in the SE 1/4of Section 28, Township 3N.,Range I E. MT 1. PROJECT DESCRIPTION Final plat consisting of 59 buildable lots and 16 common lots on 16.61 acres of land in the R-8 zoning district. 11. APPLICANT INFORMATION A. Applicant: Ian Connair,Kimley-Horn&Associates—7740 N. 10 St. #300,Phoenix,AZ 85020 B. Owner: Pinnacle Land Development,LLC—7629 E. Pinnacle Peak Rd., Scottsdale,AZ 85255 C. Representative: Same as Applicant 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0106)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of Page 1 buildable lots and common open space area have not changed. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 9/5/2019) SHELBURNE SOUTH-2019 PRELIMIMARY PLAT MBMIAN,IDAJ-iO 6. A', Im lh�JWT ME MD�M NBC 0.2 2 J- MA I Z to B. Final Plat(dated: 8/18/20) SKE-LOURNE SOUD I SLODIViSPON KO 1 LOCZTED IN T—W S&I OF THE sEj oF sEcmN--ML T M,SL RE-BM UEAJC�M.A4A6fRM1Y .W�j -'%D. 0 Af -A! [A ILMOM qw4 Ccnw" ipjp__ -A-* 4w. S-EET,09A 9HE-LZURNE 9OVtH SUMM-AGIN NO I -Lp- iL -.M-J5. Page 3 C. Landscape Plan(dated: 08/26/2020) LANDSCAPE IMPROVEMENT PLANS FOR SHELBURNE SOUTH - PHASE I SU13DIVISION LOCATED N THE"j0FTHrSE�'OFSECTkONX T`004SW 3 NOWH FL4N*E I FAST MERD".ADL oo�.cmlu Maw ZEE E.- Z-Z.. 1�3 3E=- LihOSCAPECOWK 0 ON 60 CF LIT- 41 16� T L PLAN T7. Ar" 4r Jr -x, Mi 1 17 is *jKW Page 5 -Sw lAmmeAff RAP6 ilk -A--TW_ -BE �7�j, -4� Z--4 -R.W,-- &bus T5F- %cv, �771 Page 7 z:l -lz:f ppq e. T k P L4 L -it I I III r 71 I UAL, 4 __W MU Fri&ftmpmft kg.=Mm ftmf,.E-U- VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-138124) and preliminary plat(H-2019-0106)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council's approval of the preliminary plat(by March 3,2022); or apply for a time extension, in accord with UDC I 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 by Clinton W. Hansen, dated: 8/18/2020, included in Section V.13 shall be revised as follows: a. Note#10: Include the recorded instrument number of the Development Agreement(#2020- L38124). b. Note#12: Include the recorded instrument number of the c. Note#13: Include the recorded instrument number of the CC&R's. d. Include the recorded Book and Page numbers for Shelburne East Subdivision No. I and No. 2 graphically depicted on Sheet 1. e. Include the recorded instrument number for the existing slope easement graphically depicted on Sheet 1. f. Include the recorded instrument number of the existing ACHD permanent sidewalk easement line in the Legend on Sheet 1. A copy of the revisedplat shall be submittedfor City Engineer signature. 5. The landscape plan prepared by Kimley-Horn, dated 08/26/2020, included in Section V.C, shall be revised as follows: a. Depict mitigation trees and calculations on the plan in accord with the standards listed in UDC 11-313-10C.5. Coordinate with Matt Perkins, the City Arborist, to determine mitigation requirements. b. Revise the configuration of the pathway on Lot 3,Block 2 so that it runs parallel with the creek in closer alignment with the pathway on Lot 23,Block 4. c. If the unimproved right-of-way of E. Amity Rd. is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-3 B-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. d. Depict 5-foot wide landscape strips on each side of the multi-use pathway that comply with the standards listed in UDC 11-313-1 2C.A mix of trees, shrubs, lawn andlor other vegetative groundcover is required. 6. The existing home proposed to remain on Lot 1, Block 4 shall hook up to City water and sewer services at the developers expense within 60 calendar days of such services becoming available in Page 9 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. 7. The address of the existing home on Lot 1,Block 4 shall change to be addressed off of S. Selatir Way when that road is constructed. 8. The Nine Mile Creek and the Ten Mile Creek/Feeder shall be protected during construction. 9. 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. 10. All fencing shall comply with the standards of UDC 11-3 A-7C. 11. Development shall be limited to 30 building lots until such time as a secondary access that meets International Fire Code (IFC)is built and approved by the Fire Dept.Note:Shelburne East No. I and 2 are currently being constructed to the north of the site and willprovide secondary access for Shelburne South Phases I and 2 through Selatir Way. 12. To ensure access is still provided to the Freeman property(Parcel#S 1128438580)once Shelburne East develops to the north and S. Selatir Ln. is removed, a cross-access easement for a minimum 20-foot wide driveway shall be required to that property. A copy of the recorded easement shall be submitted prior to signature on the final plat by the City Engineer. 13. All existing structures on the site that are not proposed to remain on a lot in the proposed subdivision shall be removed prior to City Engineer signature on the final plat phase in which they are located. 14. An 8-foot wide public pedestrian easement shall be submitted to the Planning Division as required by the Park's Department prior to signature on the final plat(s)by the City Engineer for the multi-use pathway along the southwest side of the Nine Mile Creek from the east to the northwest(along the creek to the north boundary and along the access road to the west boundary) perimeter boundaries of the subdivision and along the northeast side of the Ten Mile Feeder Canal on the subject property. 15. All existing structures that don't comply with the setback standards listed in UDC I I-2A-6 shall be removed from the site prior to signature on the final plat by the City Engineer. 16. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: I. The streetlight at Amity and Amorita shall be Type I and be positioned over E. Amity Road. 2. Remove water mainline stub out of E Arabian Dr because the east boundary of the development is the edge of Meridian's service area. 3. Remove the water mainline stub out of E Grayson Dr east of S Selatir Way because the east boundary of the development is the edge of Meridian's service area. 4. Avoid sanitary sewer service lines going through seepage beds whenever possible.Adjust seepage beds, or service lines so they are not going through a seepage bed. There are multiple areas where the infiltration trenches can be relocated to eliminate these crossing. Applicant to reconfigure infiltration trenches to eliminate or minimize crossing. 5. All sewer mainlines outside of an improved public right-of-way must have at a minimum, a 14- foot wide compacted gravel maintenance road that meets the City standards. Installation of multi- use pathways over main-lines is acceptable as long as the 14-foot width and adequate turn radiuses are provided. General Conditions: 6. 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. 7. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 8. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in LTDC 11-5C-3B. 9. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 10. A letter of credit or cash surety in the amount of I 10%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 11. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 12. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 13. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC I I-5C-3C. 14. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 15. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Page I I 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-1-4B. 19. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 20. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 21. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 22. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 23. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public—works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 24. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 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. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 27. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 28. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 29. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 13 Item#16. E IDIA AHO AGENDA ITEM ITEM TOPIC: Final Order for Shelburne South No. 2 (FP-2020-0002) by Ian Connair of Kimley-Horn & Associates, Located on the North Side of E. Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 4. 2020 ORDER APPROVAL DATE: NOVEMBER 17, 2020 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 39 BUILDING CASE NO. FP-2020-0002 LOTS AND 7 COMMON LOTS ON 9.52 ACRES OF LAND IN THE R-8 ORDER OF CONDITIONAL ZONING DISTRICT FOR APPROVAL OF FINAL PLAT SHELBURNE SOUTH NO. 2 BY: KIMLEY-HORN & ASSOCIATES APPLICANT This matter coming before the City Council on November 4, 2020 for final plat approval pursuant to Unified Development Code (UDC) I I-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 SHELBURNE SOUTH SUBDIVISION NO. 2, LOCATED IN THE SW 1/40F THE SE 1/40F SECTION 28, TOWNSHIP 3N., RANGE IE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 08/18/2020,by CLINTON W. HANSEN, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. 2—FP-2020-0002 Page 1 of 3 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 November 4, 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 § 67-652 1. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. 2—FP-2020-0002 Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(2 8) 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 17th day of November 12020. 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: 11-17-2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. 2—FP-2020-0002 Page 3 of 3 EXHIBIT A STAFF REPORT C�WE COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/4/2020 Legend DATE: Ppdp--cl L<=tor TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2020-0002 Shelburne South No. 2 LOCATION: North side of E. Amity Rd. midway between S. Eagle Rd. and S. Cloverdale Rd.,in the SE 1/4of Section 28, Township 3N.,Range I E. 1. PROJECT DESCRIPTION Final plat consisting of 39 buildable lots and 7 common lots on 9.52 acres of land in the R-8 zoning district. 11. APPLICANT INFORMATION A. Applicant: Ian Connair,Kimley-Horn&Associates—7740 N. 10 St. #300,Phoenix,AZ 85020 B. Owner: Pinnacle Land Development,LLC—7629 E. Pinnacle Peak Rd., Scottsdale,AZ 85255 C. Representative: Same as Applicant 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0106)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of Page 1 buildable lots and common open space area have not changed. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 9/5/2019) SHELBURNE SOUTH-2019 PRELIMINARY PLAT MERIDIAN,IDAHO 6. :�11141" Im 3.111� gimwrm NBC W.2 (ODM 'EN Sm'"L C-0 L. �Kj PROK!SED M TL V-rAFXGL*. 2 J_ I 7 to if 7 B. Final Plat(dated: 8/18/20) SHELBURNE SOUTH SUBDIVISION NO. 2 BOOK-.PAGE LOCATED IN THE SWJ OF THE SEJ OF SEc-nON28-T-W,R-1E..B.M- CITY OF MEMBLAN,Al2A COUNTY,IDAHO 2020 LE13EM 0 �vVL m90 4 -------- - 11E um % NoTes MCI rm— V"—P M..--r- -4K w —L—j EIAP IL �E m�T� � M ww J SURVEY NARRAUVE py. L�d Surveying and C�ullrnq o Ro vq �ft ftu HEEF 1 OF 3 Page 3 C. Landscape Plan(dated: 9/2/2020) LANDSCAPE IMPROVEMENT PLANS FOR SHELBURNE SOUTH - PHASE 2 SUBDIVISION L0::ATW NME hM i Of TFE SE i OF SIECTON 22%W43HP 3 mXTH Rv#Q�iEABT LCRI(m AN AbA COWM*kP* &-Aftimm �m� =tgcr� HL It ZZZ —P= S V % u'v;: LAMW-APEPUM r,,.c .L-,n JADV-W RAh Nib .1 03 IMMIAPEkdh Page 5 e-7". Imm"W. 16., 75 4 hill M-Ly 0 R.0 M 315M jt E I T- - El -r. J, ZLL 4 d 'LL ET ITF L.4 T L- T I rrt M IF H LE L ti I ILL-LL LF LL-LL I L LIK F U-L 11 M— tL� Lpi op Page 7 D. Common Driveway Exhibit 4 BUIWINC SETBACK L �I�r TYP) 10 HOME ORIENTATION -- -------- -01 Cp C� HOME 1 f HOME HOME ,I)RIENTATION 10RIENTATONI ORIENTATIONI I HOME I I ORIENTA-noldl 7 8 10 I 5.00' 5.00 b -J L---- IL Ll ------------------------------- GRAPHIC SCALE IN FEET 0 20 40 80 Vjd SHELBURNE SHARED DRIIVEWAY EX- La mleyvfflorn L SOUTH OdnberM.2DM If Idaho Power relinquishes the easement(Inst. #95026060) on the west side of Lot 7,Block 6, the following setback exhibit shall be applicable: 4 (-UILDING SETBACK TYP) 20.OD' 10 5 HO ORIEN A b HOVE HOME HOME I IE--T;�WN IORIENTATIONI ORIENTATIONI I I HOME 7 9 10RIENTATION 10 Do, S.M, IM' ---------- - ------------ ------------------------------ GRAPHIC SCALE IN FEET 0 21D 40 00 ,9HELBURNE 5RMEDE1P-1VE-WAYEX- La KimmlerMorn SOUTH NMPMIbff,'�2MM Page 9 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-138124) and preliminary plat(H-2019-0106)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions, stamped by Clinton W. Hansen, dated: 8/18/2020, included in Section V.13 shall be revised as follows: a. Note#10: Include the recorded instrument number of the Development Agreement(#2020- L38124). b. Note#12: Include the recorded instrument number of the ACHD License Agreement. c. Note#13: Include the recorded instrument number of the CC&R's. d. Note#15: ". . . as required by City of Meridian UDC 11-6C-3D.-78. . e. Include the recorded Book and Page number for Shelburne South Subdivision No. I graphically depicted on Sheet 1. f. Include the recorded instrument number of the existing City of Meridian sanitary sewer easement in the Legend on Sheet 1. g. If the existing Idaho Power easement(Inst. 95026060)depicted on the west side of Lot 7, Block 6 is relinquished prior to the City Engineer's signature on the final plat,remove the note from the plat and submit a copy of the relinquishment letter. A copy of the revisedplat shall be submittedfor City Engineer signature. 5. The landscape plan prepared by Kimley-Horn, dated 09/2/2020, included in Section V.C, shall be revised as follows: a. Depict mitigation trees and calculations on the plan in accord with the standards listed in UDC 11-313-10C.5. Coordinate with Matt Perkins, the City Arborist, to determine mitigation requirements. b. If the unimproved right-of-way of E. Amity Rd. is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-3 B-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. c. Depict 5-foot wide landscape strips on each side of the multi-use pathway that comply with the standards listed in UDC I 1-313-1 2C.A mix of trees, shrubs, lawn andlor other vegetative groundcover is required. 6. Construction of the common driveway on Lot 6,Block 6 shall comply with the standards listed in UDC 11-6C-3D and with the exhibit in Section V.D. 7. Provide address signage at the entrance to the common driveway on Lot 6,Block 6 at the public street for homes accessed by the common driveway for emergency wayfinding purposes; and sign the common driveway with"No Parking—Fire Lane"signs as set forth in IFC D103.6 Signs. 8. The Nine Mile Creek shall be protected during construction. 9. 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. 10. All fencing shall comply with the standards of UDC 11-3A-7C. 11. An 8-foot wide public pedestrian easement shall be submitted to the Planning Division as required by the Park's Department prior to signature on the final plat(s)by the City Engineer for the multi-use pathway along the southwest side of the Nine Mile Creek from the east to the northwest(along the creek to the north boundary and along the access road to the west boundary) perimeter boundaries of the subdivision and along the northeast side of the Ten Mile Feeder Canal on the subject property. 12. 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: I. The street light plan submitted with the construction plans appear to meet city requirements based on a preliminary review. 2. Due to the fact that the property to the west is not a phase of this project,the sewer clean-out located at the western boundary of project needs to be a manhole. 3. Eliminate or,when not possible,minimize sewer service crossing infiltration trenches. 4. There is at least one dead sanitary sewer mainline end-run that doesn't have the required 0.6% minimum slope,please revise. 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 forins 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-1 4A. Page I I 9. A letter of credit or cash surety in the amount of I 10%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 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 LTDC I I-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 I I-1-413. 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 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 pen-nitting that may be required by the Envirom-nental 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 13 Item#17. E IDIA AHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for East Ridge (H-2020-0096) by Devco Development, LLC, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION& ORDER In the Matter of the Request for Modification to Existing Development Agreement (Inst. #2018-052339) to Change the Lot Configuration and Home Elevations in the R-15 Portion of the Plat, Replacement of Subdivision Amenities, and Termination of the First Addendum (Inst. #2019-021791), by The Conger Group. Case No(s). H-2020-0096 For the City Council Hearing Date of: November 5,2020(Findings on November 17, 2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 4, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 4,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 4, 2020,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 4,2020 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 EAST RIDGE-H-2020-0096 7. That this approval is subject to the terms all in the attached Staff Report for the hearing date of November 4,2020,incorporated by reference. The terms are concluded to be reasonable and the applicant shall meet such requirements. 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 a modification to the existing Development Agreement(#2018- 052339) and termination of the Addendum(Inst. #2019-021791) is hereby approved per the provisions in the Staff Report for the hearing date of November 4, 2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 1A. 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 I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 4, 2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR EAST RIDGE-H-2020-0096 By action of the City Council at its regular meeting held on the—17th day of November 2020. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED 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: 11-17-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR EAST RIDGE-H-2020-0096 EXH I BIT A C�WEF� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/4/2020 Legend DATE: a TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: H-2020-0096 East Ridge-MDA LOCATION: North side of E. Lake Hazel Rd. between S. Locust Grove Rd. and S. Eagle Rd. in L the southeast 1/4 of Section 32, Township 3N.,Range IE. 1. PROJECT DESCRIPTION Modification to existing Development Agreement(Inst. #2018-052339 to change the lot configuration and home elevations in the R-15 portion of the plat, subdivision amenities, and termination of the first Addendum(Inst. #2019-021791). 11. SUMMARY OF REPORT A. Applicant: Sophia Durham, The Conger Group—4824 W. Fairview Ave., Boise ID 83706 B. Owner: C4 Land LLC—PO Box 1610, Eagle ID 83616 C. Representative: Sophia Durham, The Conger Group—4824 W. Fairview Ave.,Boise ID 83706 111. STAFF ANALYSIS History: The subject property is approximately 41 acres and was annexed,zoned to R-4 and R-15 and approved in November of 2017 as the East Ridge Estates Subdivision Preliminary Plat(H-2017-0129). The approved project allows the construction of a residential subdivision consisting of one hundred thirty-nine (139) residential lots and seven (7) common lots. A development agreement (Instrument #2018-052339) was recorded as a condition of approval of the annexation and preliminary plat. This development agreement included conditions such as future development being generally consistent Page 1 EXHIBIT A with the exhibits in the staff report,prohibitions on direct access from E.Lake Hazel Rd.,specifications on building elevations,and required open space and amenities including a clubhouse, sitting areas,and a neighborhood park. During the November 28, 2018 City Council hearing, there was a significant amount of community concern regarding the project.Concerns included traffic,density,existing slopes, height of structures and transition to the surrounding neighborhoods. In 2019, it was discovered concessions that had been presented in a letter by the Applicant to the City Council at the 2017 public hearings to address community concerns had not been included in the original development agreement.The majority of the additional restrictions were in response to requests from the property owner at 2310 E. Lake Hazel (to the west). These restrictions included a height limitation to one-story on the lots which most impacted that adjacent neighbor, wrought iron fencing required along the west property boundary, berming, additional landscaping and increased setbacks along the west boundary.However,there are also restrictions that affect more properties than just 23 10 E. Lake Hazel. Some of these include a one-story height limitation and 45' rear setback for houses on Lots 1-3 of Block I (northwestern comer of the site), and a one-story height limitation on all 96 houses in the Village Area(please refer to Exhibit D). In March 2019,the City Council directed staff to record these additional restrictions as an addendum to the development agreement(Inst.#2019-021791). The Final Plat for Phase One(Impressive East Ridge No. 1)was approved by the Council on July 17,2019. The majority of homes in this phase have been built. MDA Request: The applicant is requesting to modify the terms of the original agreement(Instrument #2018-052339)and terminate the first addendum(Instrument#2019-021791). The modification to the original DA includes a change to lot configuration, open space, amenities and home elevations approved for the R-15 portion of the development. The termination of the addendum is to eliminate the agreed upon terms discussed during the public hearing between the surrounding neighbors and the developer. Staff has provided analysis on the requested changes as follows: A conceptual final plat was presented that differed from the preliminary plat. UDC 11-613-3 allows minor changes to a final plat as long as the number of lots is the same or less, and the open space is relocated and not reduced.All these requirements were met;however,the final plat had a configuration that had changed enough that staff believed it did not meet the "generally consistent with the preliminary plat" requirement listed in Section 5.l.b of the original development agreement. Staff s position was the development agreement should be revised to include this new configuration. In addition to reconfiguration of the plat and proposed removal of the clubhouse, the applicant also notes the individual property owner at 23 10 E. Lake Hazel,who had driven much of the development addendum restrictions, had recently sold the property to a developer and the property is now being developed as part of the Lavender Heights Subdivision (H-2020-0009). The applicant requests elimination of the addendum so that the additional mitigation measures will not be required. A. Staff Analysis of the Proposal to Modify Development Agreement(#2018-052339) (Staff response in italics) I. Reconfiguration of the R-15 zoned lots in the Village portion of the subdivision. 96 senior homes were approved in the Village Area and this number will not change. However,the lot type, setbacks, common driveways and orientation of some of the lots have changed(see Exhibit A). The minimum lot size of some of the lots has decreased slightly because numerous common driveways which were previously part of the lot have been removed and most lots have been reconfigured along private streets. The open space has slightly decreased in Phases 2 &3,but the open space for the total plat has increased slightly(transferred to Phase One). The Village Area will be developed in two phases, with the first phase consisting of 3 8 homes. Page 2 EXH I BIT A Staffsapports these changes. There is no increase in number of lots, it is preferable to have houses oriented to streets versus numerous common lots, and the amount of total open space has increased. Staff notes any changes to utilitiesfrom the previously approvedplan will need to be reviewed and approved by Public Works. 2. Change to Building Elevations The elevations submitted with the preliminary plat and referenced by the existing development agreement represent larger estate homes and duplexes. The applicant proposes to replace the approved elevations with one story patio-type homes with materials and architecture similar to what was approved with the Preliminary Plat. Staffsapports this change. The building elevations indicate one story, and architecture and materials are similar to what was approved with the preliminary plat. 3. Removal of Clubhouse Amenity The original amenities approved with the preliminary plat and required with the recorded development agreement include a clubhouse, sitting areas, large common lot,neighborhood park and shade structure. The development agreement states the clubhouse is for usage by the residents of the Village Layout(please refer to Final Plat Exhibit E). The clubhouse is located on Lot 14,Block 2 and is required to be constructed with Phase 2 of the development. The applicant requests to modify Section 5.Ld of the original development agreement to remove the clubhouse from the required amenities. According to the applicant,because of the Covid outbreak and social distancing protocols,potential buyers are no longer interested in indoor gathering areas. The applicant states surveys have shown buyers prefer outdoor amenities over indoor ones. The applicant requests to replace the clubhouse with a dog park, outdoor ramada(shade structure), a water feature and a large open park area. Staff does not support removal of the clubhouse. Staff is not convinced the pandemic associated with the Covid outbreak will result in permanent loss of interest in indoor amenities. Also, the new Village Layout is shown to be an age-restricted community with patio homes and limited yard space. Staff believes the clubhouse serves as an integral componentfor social gatherings and/or events. Finally, a clubhouse amenity would be accessible year-round, versus outdoor structures that will see limited use in the winter months. B. Staff Analysis to terminate Development Agreement Addendum#2019-02179 1. The development agreement addendum is comprised of four sections (see Exhibit E). Staff has analyzed each section below to ensure the neighborhood concerns are adequately addressed in the amended development In general, staff is supportive of terminating this agreement in favor of carrying forward certain provisions in the amended agreement. Staff recommended provisions to remain are identified below. I. Entire Development. This section limits the number of lots, lists the allowed zoning, requires berms along E. Lake Hazel Rd.,has limitations on access,requires looping of water infrastructure,and has limits on how grading can occur to the west. Staffsupports removal of the entire section.Number of lots has already been established under the preliminary plat, the property has already been zoned, all roads connected to external Page 3 EXHIBIT A roads have been constructed, the ownership of the western property has changed and the landscape buffer has already been constructed along E. Lake Hazel Rd. 2. Village Product Area This section states that along the western boundary (23 10 E. Lake Hazel Rd) wrought iron fencing, berming, increased landscaping and 20' setbacks are required. All properties in the Village Area are limited to 25' in height and are required to be age restricted. Staffsupports removing the requirements in this section that are specific to 2310 E.Lake Hazel Rd. As the property is under different ownership than the property owner who requested most of the restrictions, staff is amenable to all the western-specific requirements of this section being deleted. However, it is staffs opinion that removing the 25'height limitationfor houses in the Village Product Area could impact properties beyondjust the western property. Also, the requirement for age restriction was a significant discussion during the preliminary plat hearings, and age restricted patio homes and duplexes were used as a justification as to why R-15 zoning would be appropriate. Staffrecommends the retention of thefollowing restrictions associated with this section: "All product in the Village Area is to be sinWe level with a maximum roof heiaht of 25"'. "All product in the Village Area is to be aize restricted." 3. 6 Estate Lots This section states that along the western boundary (23 10 E. Lake Hazel Rd) wrought iron fencing,increased trees and shrubs,and a 10' setback is required. All properties in this section are required to maintain R-4 side setbacks and be single level. A 45' setback is required for Lots 1-3,Block 1. Staffsupports removing the requirements in this section that are specific to 2310 E.LakeHazel Rd. Also, the property is zoned R-4 so the note regarding R-4 setbacks is unnecessary. However, as only four of the six houses have been constructed and impacts from removing restrictions could impact other surrounding properties (such as the ones in Blackrock Subdivision No 1)staffrecommends retention of thefollowing restrictions associated with this section: "All 6 lots to be single level with a maximum roof height of 25 feet. Rear setbacks for Lots 1-3 and 18-20 Block 3 of Impressive East Ridge Subdivision No 1 shall be 45 feet." 4. Rim Estate Lots This section requires adhering with the site plan approved by Council on November 13, 2017, increased rear setbacks of 45 feet and side yard setbacks of 7.5 feet for Lots 6-23 of Block 1. Staff only supports removal of the requirement regarding adhering with the site plan as the property is already platted. The remainder of the restrictions pertain to the lots on the east portion of the property. Some of these lots are still vacant and abut the neighboring Sky Mesa Highlands (H-2019-0123) to the west. Page 4 EXHIBITA IV. DECISION A. Staff: 1. Staff recommends the City Council approve the termination of Development Agreement Addendum Inst.#2019-021791. 2. Staff recommends the City Council approve the amendment to Development Agreement #2018-052339 as follows: 5.1.b Future development of this site shall be generally consistent with the lot layout preliminary plat and building elevations depicted in Exhibit A of the Staff Report attached to Exhibit"B",Findings of Fact Conclusions of Law, and the revisions noted in the staff report. The Village area of the plat(zoned R-15) shall comply with revised lot layout, open space and building elevations contained in this staff report. 5.1.d No ehange Staff Feeommends the elubhouse Fem liFed amenity4o-F the development. The site shall develop with a minimum of 10.54% open space (4.32 acres) and shall include the following amenities specific to the Village Concept and other amenities that would be for the use of the estate lots as well as the Village concept. The amenities specific to the Village concept include-a clubhousean open air ramada,sitting areas, a dog park and water feature onand a large common lot.Amenities that would be shared by both the estate lots and the Village concept include a neighborhood park that includes a large grassy area, a shade structure and sitting areas. 3. Add the following new DA provisions: • All product in the Village area (zoned R-15) to be single level with a maximum roof height of 25 feet. • All product in the Village Area(zoned R-15)is to be age restricted. • Lots 1-3 and 18-20, Block 3 of the Impressive East Ridge Subdivision No. I are to be single level with a maximum building height of 25 feet. • Rear setbacks for Lots 1-3,Block 3 of the Impressive East Ridge Subdivision No. I shall be 45 feet as measured from the north property line. • Rear setbacks for Lots 6-23,Block 3 of the Impressive East Ridge Subdivision No. 1) shall be 45 feet. • Side yard setbacks for Lots 6-23,Block 3 of the Impressive East Ridge Subdivision No. I shall be 7.5 feet. B. The Meridian City Council heard thest�i�mn November 4. 2020,At the public hearin the Council moved to approve the subject MDA r —1 Summary of the City Council public htarftng- -a In favor: Hethe Clark,the Conger GrQ= b� In opposftion: None Page 5 EXH I BIT A r� Commtu"in : Hethe Clark and AnnettLAjans-Q d� Written testi & Staff presenting application: Alan Tiefenbach Lf Other Staff commenting on application: None 2. Key issue(s) of public testimpn,$a a. Concerns with onsite parkingwhether the re Mired open space was enough for the development, grading that had occurred and why private versus publij:streets were approve-d- I Key issue(s) of discussion by City Coujicil: .& Discussion regarding-whcther the clubhouse amenity should be require —4 City Council change(s)to Staff recommtndAtion- Revise 5.1,d of Development Agreement#2018-052339 as noted abqyt. Page 6 EXH I BIT A 5. EXHIBITS A. Approved Preliminary Plat and Proposed Configuration for Phase 2 (date 10/23/20) - -- ------- -- -- -- ----- ------------- 1 7]7 1 IL J, --43 A 7F j4j i LJ ------------------ EASTROGE SUBDIVISION EASTRIDGE SUBDIVISION ORIGINAL PREUMINARY PLAT REVISED PRELMNARY PLAT Page 7 EXHIBIT A B. Proposed Plat Modification Showing Area of Next Phase(date: 10/23/2020) J11 10 m 141 'a as su� 51 U2 I —A —J: -4 El 41 113 M TE7 pie IN In la? im T'T IN TO r54 Piss Is ms-emms Is Is --m 4 4n un ic :S N� I 1 1�m 93 711 —————————— m 2C -5W ff F 47 F is. .41 34 T7 S F F d Wi ME 03 3i 4 .NT= W"T F 1. F F F: Page 8 EXHIBITA C. Approved Preliminary Plat Landscape Plan Showing Clubhouse Area(Date 11/28/17) PLANT SGHE--DLILE PIRQJMT INFORMAMN ==-Z7 AMOCAPE I.EGQqD SFE KEY MAJI r �1V�EUE"11111-1.1"ill!L' I IBM H 777-7N 1. PW _-J�!ub, ouse 11, 12 L 117 ir LANDSOWF: EOUREM-LN70 LL plum- 4 + 1C kiA LANDSCAPE.PLAN-AREA Tvffi I- F. Page 9 EXHIBIT A D. Open Space Exhibits by Phase(Date: 10/23/20) 'HASE 2/� CkJALIFING QPEN SPACE PFPSE I DJALIFYlNG OPEN 52�AGE EASTRIDGE SUBDIVISION OPEN SPACE EXHIBrr TOTAL SFFE AREA=±40.99 ACRES PHASE 1 OPEN SPACE 260 ACRES PHASE 2/3 OPEN SPACE 1 76 ACRE TOTAL OPEN SPACE 4-3 6 ACRES 110.M JILL Proposed Phase 2&3 Open Space . ... .. Exhibit 01 Nw Page 10 EXHIBIT A E. Approved Final Plat for Impressive East Ridge Subdivision No 1. (date: 7/17/2018) (Marked up to show areas referenced by Development Agreement Addendum) Ri;nl Btlte LUS Ilk%I,�-Vov A&�,M M&I.M. QM-W Is- 111—\ a-t :.LLdP I IP V. I-K m �q JL=3 P3 If 11, r I r 'Mopr 4,.-. I r4r ow MOIL ,. -4, I ELI. W 1p�lpir A -.,?L2t cL Li K 1 5"Wr j9I 4 j. r ri j9 % Osk d� T --.mp- In 17 imrftri my sjbw A q11W ffvjm Wn larLM �A& AF if 64MM3 ..L..t; ja .. . .. ..... .. WdW&rF4W-WF?5WWqF V1 msrmm imA my nau rA rmy emrey r 31 RMVT � &IN SjMJWA 6�WNW ISif kjfE 1.11 3 1`1 ~,Fr"DuWM5DOffGRFA-M k. 3,%WW 2 tum: boff FOUK FAA%FA 3 M-AKWfiW 'r-13 I -L17-Qftw�T win!& WrfV3,qEMWkVIr La Enll- Village Produgrreaa""' NeKt Phases m4vc r I QdmWn WWII. -RE SNEU.?[6-J?Oq UL"TAALE- rM A UWM,r U& 921.jd :7 ly 0-17a,W i125 0, ME IUM wen7m.1111 IN-Wro zgT It Page I I EXH I BIT A F. Approved Elevations for Village Area from Preliminary Plat(date: 11/28/2017) Page 12 EXH I BIT A G. Proposed Elevations for Village Area(date: 10/27/20 -7�M m r1cm IJIAIJ4?tl A 7- c Pt� 0 W", �7 1-4-1 L7G L dfi I lff � lam= Page 13 EXHIBITA H. Development Agreement#2018-052339 -(date: 6/5/2018) 33 DEVELOPER- rncEuis and fefers to DuvCc,LLC, whow addren is 4924 W. Fairview Ave-,13oiw, LD 83106, the patty ilia[is developing%aid Pmperty nip([.�h a I I I ntil udt!n ny sub.,a!quen t dev el upuqzi)uf'tfi u Prupurky. 3A PROPERTV: iloeRns and i-cfers tatbatctilain located in (lie Counlyof Ada,city orMe.6dian v�domwdhi�tdiiii Exhihii"A"dacriblog OW parice[s to be a ra iexed and zcned Med iu rn Low Density Residential(K-4)ia n(I R- 15(M ed i ain High Den si ty IU�3 ident ia 1)zon i ng di a a4 n I tachod here Lo a n d by t Ii i s refe-ranot, i n co rporatW hc it ol as i f sa foilli at I ciigi,h- U S CS PE RM I TTE n H Y TIJ TS A G RE E NTE N T.- Th i 9 A grmii v-nt sha I I vest th e ri aht to develo p the P roperly i n occo On nee wifi the terins mi d cond i 6 oins of th i s Agiaeiner L 4.1 The uscs Ei I luvvcd pii r�,utwt I c,th i s AVom�v are anly tho�-�e n�es A lmwd iuldcr (he UDC, 4.2 No change in the uges 5,peciflod iu this Agreement Rhall be allowed Witholat modi f i c*i tio n of th i�A greci-nopiL ('0NI)ITIONS GOVERNING DEVEL013MENT OF SITIIIEcr mopm,v: 3-1. Owncr and/or Dcvclupm- shall devulop the [Impputy in ui��tduricc with the Fo I lowi ng spauiol condi t ion 2�- a. Except (N-_pubi ic strcet access,to E, 1,ake Haze I R oad from F atsi R I dge A verru5.d i rincr lot wep,�to P_Like Htize I Pwild,an arteri a)streint,is prohlbited ir seen rd with IJ Dc 11-_3 A-3. b, F au re devt I opment Df thiS site shii I I be genctat.ly vonsl stem %ith die prel i ni�wy plal a nd building elcvations dcpictvd irl Exhibit A aF the Staff RellorL attairhed to Wl'bit Ir. F i nd i ngs of I-iact Ccmal uNion s of Law an d the liv isio nf,notad i n the staff repo rE. i�. Tlia appli�;ant shall comply%viih the gubmittcd horne elevations attached in Exhibit A.4 of theStaff Repari altAebbil to Rxhihit"B", Flindings of Fact Conclusions of Law.The rear a ijd?o r side t)f struclurcs I hat face o rteri Ei I ot cal I uctor sitects(Lots 2�5 of B lo�k I,Lot,�55. 56, 59, 60, 63, 64, 67, 68, 71 and 72 of Block 2), Aal I imorporatc artivailadim thrmigh chai igcs i n two�w m o ru of thu fol lowin g.- modul 0io n (c,g�— pro-jections, rece';�Ocs' stell- W.oks, pop-ning), bays, banding, porches, balconies, maieriaI types, or other iniegrated ambi tectuval elcrnenB lo brcak up in onotonvus wail penes �nd roo f I i no5 that are v k'!ble From th� subj ez(Pub I ic st rQr�' S ing](!-s Loty g(iticla Liffs at exem pf fcoin rh is mqu ire ment� d. Thes i te shal I develop wi th a alin ijrntpm o F 10,541/11 o pcii s�pace(4,�2 ac mg)and sh8ll tnclude the fol[owing vilicri i fici �peci Fi c to the V i I lagc Concept and othor wenhi cm th4twould be for t�e we 0 f the Wate lots a& well p the Vil lage Wneept. The winen W es �pociftc La I he Vfflagc coneept ineltidv akitiblic s i W ug a rem am d a lat-Se common lot--A FNICIlitIL-S 613t would be shared liy both the,c3tatc Ws a nd th c Vi I loge voncept includ 0 a nvight,�Urhogd park (list inciu&s a I ai-ge grassy area,a shad c struclu rc vLnd 51(Ii ng�i reus, APPlicant ProPoses b(amove clubhouse requirement arLd reptace widi dog park. water feature, and oud()OF rarrl3nda Meiriduhn i'jt%r e��imr;d W�hnn Anmrw+� I i 1�Fi 02I)l K. P—A Iq nf Qih Page 14 EXHIBITA 1. Development Agreement Addendum#2019-021791 (date: 3/19/2019) (Staff supports DA being terminated,but recommends retention of red items in amended DA.) EX14191T A irt I�mtppoir n t, Ad 1-wm vyj Ltl(1w Silc Pizin dalcj Ncwumlm 13,2017. Che Devuioprnurtl A gvtenic ri I wil I rmirlict the tocial numbin ofm�td"id hartier,ta 96 lah lo-r thu 'V il I age h[)using o rW.11 ljoi nL-s rnr Lhe EsLal-e L-DIS. Zonj np,wi 11 be R-4 fm lho F.&IQ�e LAYI;;ead R- 15 ror il1cV[j[kjgV TO igbhorltoad- uake Hnn-1 ��(Jse ope 113 i=rporare a 4 to 6-foot-ta 11 bmiv- A majujity(80%)of ily-bcnin w 111 bu Ibc rNurvw 6 fool Ea I I- phasr I �v i 11 jLx!j I kk-11 le conjw�ion w LQ�c Razei fi-tw1i R CyE�niil t;n"ye. a Cumjr%jt:jjq 411 oczi�ss wil I bf 1ru ni Le k Haw]Road- a MrMCAIC W41tV W!11 b(!1001p0d tD E.Qf8il i1c E)fl VC Whicip will 1p�]Pluve ruww domr-ro k YY.DICF qualil� for fwLsrting komcowriev�on City SON iOL-- w G md I ng-Wpeny will be p-mded QDM Wt!St W&AVL-gLMh 11][11 lk eXiSdRg p.9cle v011 �e ItAumd by i1cil.less dian approxim-ately 3' rrow tho wehimil property lifle to tk,iTi Id-pid rit of q hv propalw Pr N ril kar- Y I I[age Frodur.1 A mia� a W ron& Irm Fand ng DrL the pwperly I i rut bfiundaty with Lid)maux n, (*I ir am buil Wnry� E A J'jo 2' beiin far plani bDp,owL our wast bo Lindnry, * A Eleew LmLw tme-iv ith a ca 1�pex size bettyrgn 2 10 2.'S jjjCjlC9 ffVely 60 fOCL I till OVtTgFCej�(13JUe spr-jj�x)Irw�Jz2�d hurweell 9 tn 10 forA appm i mojt�jy evvry 6U' (I ri.a upro cycry 30 kX) wITb Li mamirnom givwth ficigN el'M to 25 kclaluTig wcst bmindary. * A=Lly[cig 111,3 rjInLils het%Nmn c"ry Ircr alrAig,west bmimduy. All pgqjd,jcj hi LhL�Viiifkge mrm is io be sinle leval wah a niaximuln roof h0gN or25 1�et- All tKnxIiiet inthe Village area i5 ta N,090 n9ricted. scibach of i1ousing produci io W�W frorn western propwy I ine. (3EsIaLgi LeAs(Lafr 1-3�13 1 ork 3 iand Luts 16-19. Blix k 2): WLiv4it Iron Fmcirg u1i thc.�topurty jqw boundai-y Wi di&dj fiocril ncighlxpr(14 1 1 Pur wN.N1 brdlitlofti-YY A do-ciduriiis ij-i�e Mth a c Blip-cr sin h0weeos 2 to 2.5 lrElies awy 6G Net I ao evelgeen(blue -sprkice)Lrm s�zed behlxw 8 lo 10 fea appmxi iii aile ly uvery 69'(te. P Ime"pry 3G reel)w iih a I naXJ111 LjCn VDW[Il JJQ�V111 91 F 20 1 L1 21 Feet ialvfig wpst buunjoTy. A ffoilpi ng of 3 shrk+s bW)NL-PFk 4g vtvy Iree along west boumoTy. A I�6 lints to be%i ngle tv-Vfl4W 1":021ka"'Y R I dd Cl-r'-.0AC-L mty-qj�� haira Rear Setback,3 for Lois 1.2 nml I Wook I shu 11 bt 4 5 ft=L-j'Hq.4!� J�Doj ;oc Fbete'i moomd �wni 111 • -'�i �..d—ftt,k�is,bo R-4, jj(PVtj1 pfoperly Pno. • �;cj bmk or housi ng prf)dUel in br-10'flom WGSICrn rN'Opcq I Me. Rim EsInto J.CC JIMN6-23. Block 1): 4� -"hieh Alikew wikh4W�-�anr�tad NewmbeF . 17, R mr-Sei"as fbi-Lois 8-21 shall bu 4 5 r4�, 9 il e yard sethackssliall be 7.5 F"I Id-Wr 11MILMoo ilie Rhifi- ,A Page 15 Item#18. E IDIA AHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Gateway at 10 Mile (H-2020-0046) by GF1 - Meridian Investments 111, LLC, Located at the Northeast Corner of N. Ten Mile Rd. and W. Franklin Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EF� AND DECISION&ORDER In the Matter of the Request for Annexation and Zoning of 41.28 acres of land to accommodate the future construction of a mixed-use commercial and high-density residential development,by GFI- Meridian Investments 111,LLC. Case No(s).H-2020-0046 For the City Council Hearing Date of: October 27, 2020 (Findings on November 17, 2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 27,2020,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 27, 2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 27, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 27,2020, 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 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile-FILE#H-2020-0046) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 27,2020, 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 § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 27,2020,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 I 1-613-713). 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 I I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building penrnits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the tertnination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile—FILE#H-2020-0046) -2- or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). 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 67-651 IA. 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 I. 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 § 67-652 1,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 October 27,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile—FILE#H-2020-0046) -3 - By action of the City Council at its regular meeting held on the—1 7th day of November 2020. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED 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: 11-17-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile—FILE#H-2020-0046) -4- Exhibit A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/27/2020 Legend DATE: Project Location TO: Mayor&City Council LEL-11 FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2020-0046 Gateway at Ten Mile LOCATION: The site is located at the northeast comer of N. Ten Mile Road and W.Franklin Road, in the SW 1/4 of the SW 1/4 of ------ Section 11,Township 3N.,Range 1W. 1. PROJECT DESCRIPTION Request for annexation and zoning of approximately 41.28 acres of land from RUT in Ada County to the C-G(26.54 acres) and R-40(14.74)zoning districts to accommodate the future construction of a mixed-use commercial and high-density residential development,by GFI—Meridian Investments 111, LLC. Note: Followim the ori2inal publication of this staff repoEt for the Plannim& Zonim Commission,the Applicant requested a continuance to further analyze and address Staff's concerns and recommended conditions of approval.The Applicant and Staff have worked touther in the recent months and a revised concept plan was P-enerated out of these discussions. This revised and more detailed concept plan has been analyzed by Staff and has resulted in strikeout and underline chan2es throu2hout the staff report includin2 chan2es to the Development Agreement provisions and conditions of approval. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 41.28 acres Future Land Use Designation Mixed Use Commercial(MU-C);Civic;Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use(s) Agriculture Proposed Land Use(s) Future Residential,Commercial,Office/Retail,and an area reserved for a future Civic Use Lots(#and type;bldg./common) None proposed at this time Page 1 Description Details Page Number of Residential Units(type N/A;Proposed future high-density residential of units) Physical Features(waterways, Ten Mile Creek hazards,flood plain,hillside) Neighborhood meeting date;#of February 5,2020— 1 attendee attendees: History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes Section VIII.E • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State See analysis section below for more information(Section Hwy/Local)(Existing and Proposed) V.F) Stub Street/Interconnectivity/Cross See analysis section below for more information(Section Access V.F) Existing Road Network Franklin Road and Ten Mile Road,arterial roadways,are fully improved with at least two travel lanes in both directions abutting the site. Existing Arterial Sidewalks There is existing 7-foot attached sidewalks along both Buffers arterial streets;there is no existing street buffers due to the property never being developed. Proposed Road Improvements Applicant is not required to improve Over-land Read either arterial roadway or dedicate additional right-of-way. Fire Service No comments for bubble plan., • Distaflee te Fire statiee .4 miles f+efn Fife Sta4ian#6 • Fire Response Time Meridian Fire ean meet the 5 e tiffle goal. • Resource Reliability Reliability is unknown at this time--._Phs th-10 stWfion is new. • Risk identifioation Risk Faetor 1 Residential • Aceessibility Proposed pr-oj A access,read widths, and Wmarotinds, COMPASS Job/Housing Ratio 9(range of 1-1.5 is ideal;lower number indicates an -employment need) Nearest Services Bus Stop—0.4 miles Public Park— 1.2 miles Grocery Store—2.6 miles Page 2 C. Project Area Maps Future Land Use Map Aerial Map Legend Legend 7%11*1�61P,d i u 0 'd-n--s i Project Location si ential Project Location �Fd�;High LN . ---Mixed R Went!-I Empliloyment— 'i. Density R I 'I MU rn .0:: n fi\a M -R s 61 e -1 Zoning Map Planned Development Map tb Legend UIEFFFFI-I Legend V 0 Project Location Rui Location R-'R RU �1 R- 0 City Limits R IF5 Planned Parcels R1 14 C-N zGJ 0 RUT C_Q =R ------- 111. APPLICANT INFORMATION A. Applicant: GFI-Meridian Investments 111, LLC-74 East 500 South, Ste. 200, Bountiful,UT 84010 B. Owner: Franklin&Ten Mile LLC-217 W. Georgia Avenue, Ste. 100,Nampa,ID 83686 Page 3 C. Representative: KM Engineering,LLP—9233 W. State Street,Boise,ID 83714 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 5/29/2020 10/9/2020 Radius notification mailed to properties within 300 feet 5/26/2020 10/6/2020 Site Posting 6,15,9020 8/26/2020 9/22/2020 NextDoor posting 5/27/2020 10/6/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciu.orglcomQplan) Mixed Use Commercial—The purpose of the Mixed Use Commercial designation is to encourage the development of a mixture of office,retail,recreational, employment, and other miscellaneous uses,with supporting multifamily or single family attached residential uses. While the focus of these areas is on commercial and employment uses,the horizontal and vertical integration of residential uses is essential to securing entitlements. The subject property-also resides within the Ten Mile Interchange Specific Area Plan(TMISAP) which plans for approximately 2,800 acres bordered(roughly)by Linder Road to the east; McDermott Road to the west: the Union Pacific Railroad line to the north and 1/2mile south of Overland Road on the south. The specific area plan is an addendum to this Comprehensive Plan. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential within the TMISAP. The goal in these areas is to achieve a floor area ratio(FAR)of 1.00- 1.25 or more. Development within these areas exhibit quality building and site design and an attractive pedestrian environment with a strong street character. The mix of residential uses may be achieved vertically within buildings; however, some horizontal mixes may be allowed.Where existing parcel sizes are small,development plans should be prepared in collaboration with the adjacent property owners in order to establish an integrated mixed use project across several parcels. This land use designation calls for an overall target density of 8-12 dwelling units per acre,with higher densities allowed on individual projects. No more than 30 percent of the ground level development within the Mixed Use Commercial designation should be used for residences. The proposed annexation area is surrounded by existing City ofMeridian zoning. The proposed application is onlyfor annexation with the required Development Agreement; no subdivision or Conditional Use application is currend y proposed. The Applicant has proposed a bubble concot plan thatfuture development shall be based off; both its general ideas and its specific details are important and will help guidefuture development. In general, the proposed annexation and zoning isfor C-G(general commercial and officelretail) and R-40(high-density residential) with a goal to adhere to the TMISAP and the Mixed Use Commercial policies. As stated, this site resides in the TMISAP and will be required to meet certain site design and building design standards (seefurther analysis below) rgg_ardless of the zoning districts. Enforcement of these standards will be lar ely done through the executed Development Agreement required with Z annexation of this property. Since there are no other concurrent applications associated with this Page 4 project, Staff anticipatesfurther refinement of this bubb !concgp plan as end-users are identified and a traffic impact stud y is completed in thefuture. The Applicant is requesting R-40 zoningfor their residential portion of the property. Staff understands the desire is to use this zoning designationfor high-density residential in theform of multi-family development. Multi-family residential is a conditional use in the R-40 zoning district and requires additional specific use standards as stated in UDC 11-4-3-2 7. Multi-famil residential is also a conditional use in the C-G zoning district and theoretically the applican could propose less verticall y dense residential across both requested zoning districts. Because o this fact, Staff is recommending that the gLoss densiV of any proposed residential uses is based on the entire area of the site and not just within the residential zoning district. This will allow the Applicant to offer taller and denser residential on a smaller foo�print furthering compliance with the Mixed Use Commercial goals and policies. Staff is eaHeeiqied that this oeniff t N g dees He fmbl meet the in�ent ef the AK*ed t4e Gemmereialfutui;e land Hse d,-signatian beeause it does Hot eficer aHy addifiaHal site design requirements beyand the standaf4 muhifamily dei,elapme S4aff is eaneer-ned that traditional garekn s-�yle multi jcanii4,development will be 19ropesed and this Pffle 04evelapment; at least as a majer4o,jqi�a�et Pffle�, is not supper4ive of thefiiture lan d,-signafien. One of the main geals of the AIU G designafien in the Ten A44e,4rea is stated abeiw., 'We mere than 30pereeHt ef Me giaund le+wl development within the A4i*ed Use Gemme designafiensheuk4 be Hsedfor Fe�qidene T-Staff is concerned that traditional, walk-up garden style multi-family built in the areas shown on the bubble plan as R-40 would not meet the intent of the Mixed Use Commercial des�p_nation to build&p_her density and intt-grated housing within developments. lik-e4,exeeed this 301gereent ma�dmum and the tapget den;qky desired in the 191a Staff recognizes that meeting this goal is not always 100%feasible, however, the applicant should implement many of the design concepts envisioned by 9*,-this future land use designation within the Ten Mile Area lan to ensure general compliance. The Applicant has assured Staff tha traditional garden sUle multi-famil X apartments will not be proposed and are not envisioned on this site. With the revised concgpt plan and conversations that have occurred with the Applicant, Staff now has less concerns rCgarding the type of apartments that may be built on site but will be adding provisions into the DA to help ensure traditional garden sule multi-famil not built as x is part of this project. Reeause ef Mese issues, Staff high4,reeammen,-k that Me bubble lgkqn showing eurrent areas. labeled as.effiee4aetail and 4? 40 be revised to show a IaFger area of residential but iviA-5t eembinafien 6!�KV R (Ti-aditional Xeighbor-heed Residenfiao and TX G(Raditiona Aleighbe _Q_Z_ Gen_tepr DisMeO Eaning designatiens.andigravisions.that at least 507%of the residential area be a eambination of eiAer Verfieally Ategrated stiwetupes or sing4e fami preduet Pffles. This wouk4l9rovide a goad deal of heuskg ehaieem, evpeitunifies to tr-aHsifian, an the Heeessary guidanee to ensui;e trwnNk e4ented and tffldifienal neighborhood desigii latei�, � only a bubble diagFam. Vei-tieally integrated and multi family toa!4,per-mit within the Pwdifienal neighborhood di-str4ets and mueh of hie sanne us-e-9 are also jqi-inei�qa!4,19eilmWed, Thet;e�i;e, making�hese ehaHg:es sheHk4j9rave kszq iresti-iefive than thepr-eposedR 40oeniffgd,-signatian. Staffpreviously recommended changinm the requested zonina from C-G and R-40 to the Traditional Neimhborhood zonim,districts. This recommendation was made with the intent to ensure pedestrian oriented desien and ensure some multi-story buildinzs on the subiect site in order to comply with the comprehensive plan. Since the orikinal Publication of the staff report, the Applicant and Staff have worked to create a more reflned concept plan that includes an overall steppinz in buildinz heizht from the arterials towards the interior of the site and street sections that mirror those within the specific area plan. These proposed street sections show on-street Parking, bike lanes,Parkways with a tree canopy, and detached sidewalks. These Page 5 types of street desikns are larrely what a "complete street"should be and offers walkable and invitinz neikhborhoods for both the residential and commercial component of Proiects.An additional chanze from the orizinal bubble plan is the Applicant's addition of 3-story townhomes along the main thoroughfare of the site and one of the roads proposed as a complete street. These 3-story townhomes are a welcomed additional housinz type on site and should help to create placemakinz within the transition between residendal uses and commercial uses on the subiect site. Because of these changes,Staff is now more comfortable with the requested zoning desianations of GG and R-40 with both Staff and the Applican understandinz that provisions will be included to ensure the site is constructed in the future with a pedestrian oriented focus as now propos d with the revised concept plan. These revisions make the development more consistent with the policies outlined in the Mixed Use Commercial desienation, specifically those that Promote different housinz types and an interration of commercial and residential uses. Ten Mile Interchange Specific Area Plan(TMISAP): The subject site and development is required to be consistent with the street cross-sections and design elements contained within the TMISAP. These include elements of streetscape design, building design, site design, and pedestrian connectivity. Because there is no specific development proposed with this application, Staff cannot analyze whether the application meets specific design requirements. However, Staff is including some of the most applicable goals from TMISAP below and analyzing those portions that are shown on the Wable revised concgpt plan. The Applicant has also included a list of goals from the TMISAP within their application that they expect to be included as DA provisions(see Section VII.Q. The following are goals and design elements in the TMISAP that are most applicable to future development based upon the submitted bubble plan and submitted application materials—Staff s analysis is in italics: Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential—This type of neighborhood designfocuses on true interconnectivity between pedestrians, cyclists, and the automobile. One way this is achieved is through Street Oriented Design. This design requires streetscapes that should include landscaping with trees between curbs and sidewalks, the adjacent residences, and any buildingfrontages. It creates development that allows accessfor everyone to be direct and convenient. T-he Applieant;q bHbble 191aH appears to showseme ef this degign but is laekiffg in the details that&4weuk4 narnia!4,requir,—, The Applicant's revised concgpt plan speciflca shows more of these elements (parkways, detached sidewalks adLacent to residences, etc) throLigh their proposed street sections (see Section VII Q. Because this is 0*a bubble concgp plan, Staff will analyzefuture Vecilic developmentfor compliance with these design concepts. Future development of the site should alsofocus on building scale and design orientedfor 20 mph or slower. Features typical of higher speed traffic are not compatible with the internal activity centers intendedfor the Ten Mile Area.Allfeatures of thefuture buildings should be pedestrian oriented, especially thosefronting on internal travel ways and drive aisles.A simple way to help the City ensure a site design with these types of designs is to Fequire theAj9p1ieant;9 requested t;esidential:ffening-awd the eentrwl eammer-eial area to be a eambination of P�4?and4gr P�G de-si�atians, noted in the seetion abe+w.A eembination wamk4 agawfier greatei-fleg6bility. RegapXass, to ensurefutui;e eempliaHee-, Stqfi4s recommending-&DA provisions thatfuture development adhere to the street cross-sections, site design,and architectural design standards laid out in the TMISAP and within the submitted street sections. to the exten passible. Street-oriented design is critical in urban environments and especially at a gateway to the Ten Mile Area such as this;buildings should be at or close to the property line creating a Page 6 consistent edge to the public space and making streets more friendly and walkable-The Applicant has proposed a DA provision that speaks to this goal but the submitted condition relates to buildings fronting on Ten Mile and Franklin only. Staff agrees that these buildings should get as close as possible to the edge of the landscape buffers required along the arterial roadways but because of the required landscape buffers, they cannot "hold the corners"of these major roadways. Therefore,future commercial buildings should also aim to achieve this goal on all internal streets as well, where most pedestrian traffic will occur anyways. This will ens-mile the tmdifienal neighbor-hoe d,-sign is aehieved in the most benefieial and imper4ant areas ef the siteL, aWayff-ent th-F arterial roadwa),,s. Afeefing this geal is a majerfaeter in SM#;9 reeemniendafieH to revise Me requested zaHiffg to the PwdifiaHal Heighbor-head dktrie�q. The revised concot plan shows a maioriU of the commercial and 3-stoa townhome structures aiming to mee this goal. Staff is still unable to fully determine whether the proposed structures are shown at the propeM line or are setback because it is only a concept plan. However, Staff will be including provisions to require that at least those buildings along he A_ interior thoroyghfare are built to the back ofsidewalk unless outdoor dining is proposed within this area. Staff understands that there may be a need for some of these structures to have frontgge area for outdoor dining or architectural elements—this should not preclude these buildings from being built with these elements and as close to the back of sidewalk as possible to aid in placemaking within the development. In addition, the very southwest corner of the site is constrained by the Ten Mile Creek and will severely limit any use in this section of the site. The bubble revised concot plan has a note stating '�possible AHD pond relocation"in this area of the site. There is no guarantee that A CHD will apyee to relocating their pond and the Applicant should be open to a number ofpossible options on this constrained piece of the pMM zqhei�w a ped,-str4an eenneefieH to thk area and ne vehieular eeHHeefieff. This corner of the property is approximately 1.5 acres (including the easement area) and is highly visible ftom public roadways. This area should be treated with great care and consideration of its intended use. Staff ean envision thepedestr4an eemieefien ghei�w en the bubble-z-- leadMg to a Hiee Wegratedjqkaffafer the eemmereial developmew eH theeaqtSide eJi4h_- TeH Mle Creek-. The Ten Mile Creek should be integrated with thefuture uses proposed in this area similar to the design concepts implemented with the approval of the TM Creekproject to the south. Staff also recommends the Applicant work with the appropriate agencies and City departments tofind the best usefor this corner. There could be an opportunity to provide a public use on this side of the creek. Incorporate plazas between compatible uses to provide shared outdoor seating and enhance pedestrian circulation between uses-The revised bubb �concgp plan shows plazas between proposed commercial uses and a shared vista between the proposed officelretail area and the high-density residential. This revised layout shows better pedestrian connection between uses and should greatly help activate the commercial uses. AgaiH, aHHe�Eiffg M this jqrepero�with the tradifiaHal HeighbeAaad tffeHiH de-signafieHs Mstead ef4? 40 would gweady Atelp in aehieving this.goal beeaf�se Ocits ped,-str4an oriented design r-equh;enieiM9 in the Plan and the r_1LDG Someflexibility in the location of these should be assumed in thefuture, to ensure maximum benefztftom a variety and mix of uses and various intensities and scale. The goal in these areas is to achieve a FAR(floor area ratio)of 1.00-1.25 or more- There is no development proposed at this time that can have its FAR analyzed. This FAR is indeed a goal and not a prescribed standard as achieving this will be difficult for most developments. However, Staff and the Applicant have had discussions regarding this goal Page 7 and the TMISAP goal of two-story or more structures. In response, the Applicant has included a proposed DA provision that would require at least one mH16 steiy,struetu aleffg eaeh arterial rea6h�wy. The eendition also notag that other-some o those structures along the main interior road that may be single-story wou be designed in such a way that their buildingJacades appear to be a two-story structure. Staff is supportive of this provision so long as it does not include more than the two buil&gs shown to be affecte by this requirement as d ,epicted on the submitted concgpt plan. Staff is suRportive of this but in reality this provision helps add a look and feel to the scale of architecture instead of aiding in adding densiU so Staff is not overl y concerned with this. Instead, Staff is recommending a provision that all commercial structures along the main thoroyghfar Lhe onl y road shown with on-street parking)have a ceiling height of at least 15-feet fo the ground level commercial—this includes those buildings shown as single-sto!Y with two-stoa facades. This provision is consistent with language within the TMISAP(see page 3-38 within the plan). Astead of te ereate the look 4Ave S.",struetures on sin#e s",buikfings, Staff is reeammending a A4 19ravision that agaifw no mare Man A�'e (2)fiuture eemmei;eial buik4ings aleng eaeh arterial(Ten Mile and Frankliti) wit the G G:Faning di-sti-iet to be siffgle z9",. Three andfeur s",nan residenfial a integrated niked use buik4ings eeuk4 be used to f;equest a"fianal 4.4 agaivaneefie . gle st-ary st4wetures latei�, assuming eewhiued integiwfien afniked eemmereialsite d,-sign p4ne��.-Staff will review each building site asJuture land use applications are submittedfor compliance with this.g;OW the proposed provisions but is not inclined to hold the Applicant to specific FAR requirements. Civic Land Use Designation-There is a very small area in the very northeast comer of the subject site,adjacent to the railroad tracks,that shows a Civic future land use with a Transit Station icon negLby design on the future land use mgp (FLUM). This area is labeled en the Futefe Land Use Map (FLUM)as Civic to serve as a placeholder for future multi-modal transportation options should they arise. This area abuts the rail eeffider-and is a greM plaee fiAiafe mtilfi modal tr-aaspet4a4iea opfions-,4The Applicant plans to incorporate that area into their proposed R-40 zoning district. The Applicant shows does not ettffeady have plans fe this area as an open space area to act as a placeholder as it may be decades before it develops as a public transportation hub. Future transportation needs are going to become increasingly importantfor the City ofMeridian, especially in the Ten Mile Area. To ensure the needs offuture generations are at least capable of being met, areas labeled as Civic with a Transit Station icon within our FL UM need to be preserved to the extentpossible. In addition to the specific land area neededfor a transportation hub, access to the site is equally as important. The access to this Civic area is analyzed in the Access section of this staff report, see Section VE In order to help preserve this area, Staff is recommending a DA provision that holds the Applicant to interim uses, such as sharedloverflow parking or open space and other temporary uses that don't require a lot of investment or permanent structures until such time that it develops as its intende envisioned civicltransportation use. In addition, thk Qvie area weuN make a geed trangition beAveen Ature high dengio,residential and the indu;o4al user direedy te the east: It should be noted that the City and outside agencies like that of COMPASS and VR T do not currently have specific plans for how mass-transit within the Valla will work within the rail corridor or at this location. Because of this, it is currentl y difficult for Staff to recommend other uses not be allowed or limit certain uses on this site for the area shown as Civic on the FLUM. It should be noted that COMPASS is currently doing a stud y to determine the corridor and mode for the 1-84 alternative analysis. There will be additional public involvement and stud y necessaa Page 8 before any real Eggional decision is made on how the railroad corridor is used for publi transportation. The Commission and Council should be aware that this Applicant is choosing to work with Staff on preserving this area for the bene it of the CiU and not necessaril fo themselves, which is appreciated. Nevertheless, Staff is concerned that the reserved area shown on the concept plan as Qpen space may not be enoygh area for future transit needs like a transit station and associated infrastructure; the parking area directl X to its west and potentially even the ad jacent multi-stoly buil&g may need to be redeveloped in the future depending on the type of public transportation developed in the future. The Applicant is aware that more of this area may need to be redeveloped in the future to accommodate future needs and also understands that a multi-modal transportation sLop on this pMpeLty would be beneficial to this development. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-65 11 A.In order to ensure the site develops as proposed with this application and consistent with the Comprehensive Plan Staff recommends a DA as a provision of annexation with the provisions included in Section HITA 1. The DA is required to be signed by the property owner(s)ldeveloper and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. B. Comprehensive Plan Policies(https:llwww.meridiancity.o-glcompplan): L - The applicable general Comprehensive Plan policies are cited below with Staff analysis in italics. "Promote Ten Mile,Downtown, and The Village as centers of activity and growth."(2.09.03B). The location of this site is at a major intersection within the TMISAP, in the northeast corner of N. Ten Mile Road and W Franklin Road. This site is one of the last major corners of the Ten Mile Area to be annexed. Even though there is no specific development proposed at this time with this application, the submitted bubble plan shows theframeworkfor a center of activity and growth. Staff believes this could be a welcome addition to the City ofMeridian. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.0 1.0 1 G). The proposed bubble plan shows R-40 zoning which is meantfor high-density residential. In line with this, the Applicantplans to construct multi-family residential and some 3-stoa townhomes in the requested R-40 zoning area. In the nearby vicinity of this site there is detached and attached single-family residential and multi-family residential. There is other R-40 zoning in the area where multi-family is under construction, an area where multi-family is already constructed, and another area ofR-40 zoning that is zoned but not yet developed. There is also R-8 and R-15 zoning districts nearby that house the single-family residential optionsfor the area. Staff believes that some additional multi-family residential is a goodfitfor this area and the proposed density of commercial uses,provided there be a mix of housingproduct types and designed consistent with traditional neighborhood principles. "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity"(6.01.02B).Future development on this site will dictate precisely where and how many access points to the arterial streets (Ten Mile and Franklin) are needed. The Applicant is requesting to keep as many of the existing curb cuts as possible but understands that those locations shown on the bubble plan are not approved. This is because afuture TIS will be required and the Applicant will be required to show how and why the locations and number of access points are needed. In general, Staff appreciates the Applicant's desire to not keep all existing access points. Staff will largely defer to A CHD's staff report on thefuture access points onto the arterial streets to be determined with afuture traffic study. Staff recommends that the Page 9 applicant work with A CHDfor the extension of the collector street network to serve the development with afuture traffic study. "Provide housing options close to employment and shopping centers"(3.07.02D). This project is proposed as a mixed use development that would have both residential and employment opportunities in the same area. In addition, the area immediately south of the subject site is the Ten Mile Crossing subdivision that isfull of commercial and employment development. Staff believes this is a prime locationfor residential, especiallyfor the high densi,,�,residential th different housing O�pes beingproposed. "Encourage the development of high quality, dense residential and mixed use areas near in and around Downtown,near employment, large shopping centers,public gpen spaces and parks, and along major transportation corridors,as shown on the Future Land Use Map."(2.02.0 1 E). Gateway at 10 Mile is proposed as a mixed use develo our-sto , h It pment with three and f ly �F_ densiV residential as a main use of the site. The residential piece of this development is proposed to inhop_rate with the commercial portion of the site as well as offer options to those working in the employment centers nearby and throughout the Ten Mile Area. In addition, the site is located at the corner of two major arterial streets which furthers the need for dense residential and a mix of uses on this corner. Stafi�finds that as development occurs on the subiect properV, future development on nearby properties will encourage the density and types of uses pmposed at this location. Stafffinds this development to be generally consistent with Comprehensive Plan policies and objectives. C. Existing Structures/Site Improvements: The subject site is solely used for agriculture at this time.No other site improvements or structures are known at this time. D. Proposed Use Analysis: The proposed uses are not yet set in stone. However,the Applicant's b4ble�q�e t plan depicts multi-family residential; commercial; and office/retail. This application is requesting C-G and R- 40 zoning;multi-family residential is a conditional use in the R-40 zoning district per LTDC Table I I-2A-2 and the C-G zoning district allows multiple types of commercial,retail, and office uses. As noted above, Staff is reeammending the P�G and P�,R zeniffg 6&trieliq fer a 19ortion ef site iAere sente ef the G G and a14 ef theR 40 afae being prepesed, This reeammendafien is He made lighdy and is deHese wiM Me Mteii�ef eff-ei4ftg the Gity,the eppertuflio,te gaiH P-H_- Heighberheed design M this de+vlepment but alse effer the,4pplieaiitfutur-eflex-ibility in de-sign alldjgetential uses, beM eemmef;eial and FeLsidential. F-er e�yan*ple; Pw&tiefld neighberheed di-striets allew vertieally integrated buik4ings as a 19rifleipauy Iger-mWed Use idather than a eenditienal use as it k in the requestedR 40 oeiiiffg disti-iet. F-HrMernfer'-, the 4fikedd _Tz_�e Gemmereial kqnd use dasigwatien within the T-Ag&4P ea4sferpedt-str4an eriented des�� i geneffilly r-equipes Igedestrian eriented s4reAgeapes., en street 19arking as the nemi and net t ex-eeptiefl, multi stepy develepment-, alld iwegratieii of resideHtial ses.with eemmereial and49-P &ffiee4;et,ai1 uses. Trwdifienal neighbor-heed zeniffg di tFieliq allewfer these"es ef desigws by pemikfing higher buil&ng heig�and mixed use dievelepment-, ,lete streets, —. — eemniei�eial develepment that atticaets Hearby, !afien eutdoer;spaeeS thtwugh z9har-ed19hqa-,w andpedestWan eipeulation 19 now comfortable with the requested zoning of C-G and R-40 contingent on the fact that the pedestrian oriented desLv_n outlined in the submitted street sections and revised concot plan are adhered to in the future. Staff is recommending a number of revised and new provisions to help ensure the site is built as Page 10 close to this as possible.Multi-family residential is a conditional use in the R-40 zoning district and the Applicant is aware that this application is not granting roval of the multi-famil YPP -Y us as that will be determined throyg_h future conditional use permit(s). The inclusion of plazas and sidewalks that connect the proposed commercial and residential uses promote interconnectivity between uses as desired within the Mixed Use Commercial desip—nation in the TMISAP. The Applicant has provided an exhibit of these plazas showing what appear to be raised crossings for vehicles (adding pedestrian safety), benches with trees within tree grates, and sails provi&g shade for bistro tables between the commercial buildings. Staff flnds that these details within the submitted exhibit show intg!p_ration ofpedestrian elements and better access to the proposed commerciallretail buildings for those who will live and work on-site or nearby. Future development of these plazas should minimally contain these main elements to ensure compliance with the TMISAP and Comprehensive Plan. Staff is recommen&g provisions in line with these elements. An additional element of the proposed uses within this development are the proposed industrial uses to the east of the subiect site.As more of this area develops with users, thQy will need places to live, socialize, and grab lunch. It is not unfathomable that employees of the new Fed-EX distribution center to the east will walk to this pLQPeqy Lor lunch evety week. Because of this, Staffsupports the ratio of proposed commercial and residential on the subject site, 22.7 acres to 163 acres respectivel X. Even though the proposed uses are subiect to change as end-users are identified in the future, the general distribution of land reserved for commercial and residential is not intended to change. To offer both the CiLv and the Applicant some flexibility in future uses, Staff is recommending a DA provision to limit the amount ofResidential uses on the property to no more than 45% E. Dimensional Standards(UDC LI-2): All future lots and public streets shall be required to meet all UDC dimensional standards. This includes property sizes,required street frontages,road widths, and traditional neighborhood design standards as required by the TMISAP. a-ad the tfaditional fieighbeFhead distfiets in the UDG. F. Access(UDC LI-3A-3): Even though the subject site is used for agricultural purposes and has historically been so,there are multiple curb cuts along W. Franklin Road and N. Ten Mile Road, arterial roadways. The submitted bubble plan shows the Applicant's desire to keep a majority of the existing curb cuts for future access. According to ACHD,future development of this site must have a traffic impact study(TIS) completed and approved by A CHD based upon the density of housing and type of commercial users proposed. Because a TIS will be required at afuture date, Staff will await conditioning the access points until such time thatfuture development applications and a TIS are submitted.A DA provision has been recommended in this staff report to ensure compliance with City and A CHD policies regardingfuture access points to these arterial roadways. Along the eastern boundary, the Master Street Map (MSM) and the TMISAP show a future collector roadway that traverses almost the entire eastern property line. This collector roadway is intended to connect across Franklin and into the Ten Mile Crossing subdivision develepmen to the south of this site. However, this collector roadway cannot be built at its proposed connection point to W. Franklin Road at this time due to this Applicant not owning the property that directly abuts Franklin Road. The Applicant is agreeing to construct ha�fplus twelvefeet ofpublic right- Page I I of-way on the area of the site they do own in the southeast corner of their site. This construction would occur upon development of the site at afuture date. Directly to the east of this site is I-L zoning and a new Fed-Ex distribution center is nearing construction. Even though the MSM and TMISAP show thefuture collector roadway going further north along the sharedproperty boundary and then heading east, Fed-Ex was not required to build a portion of the collector roadway going north-south on this sharedproperty line. Instead, they were approved with an east-west collector roadjurther south within their property that aligns with the proposed east-west roadway in the southern area shown in this application. This location of the collector roadway is clearly different than that shown within the TMISAP. This new location should still offer adequate cross access between parcels oncefully developed but has also changed the type offuture access to the Civic use in the northeast corner of this site where the collector roadway would connect to. Since the Fed-Ex distribution center was approved without constructing the north-south collecto Staff does Hot have authef4" r-equire them to do so uH61 that site redeve&j�s. Therefai-e-, thefutupe Herth seuM eageete roadway shown on the MSM, it is not a feasible option to require this Applicant construct their portion at this time. subntioed bubble 191aH M this applieatieH weuN Heed to be whal eei strueted en thk preperty alld by this Aj9pheant if it were to de+vlep a shown. &4fi-9 eeHeerwed that this is u4i"due to the eipeumstanees eudined, Astedd; Staff beliei,es at least a publie leealstFeet sheuU be built aleng the easteFn beundaFy of this siteferfuture eaHHeetivky4e the eelleeteF reaeh�,qy in theseutheast eeHier ef this site that will eeHHeet te FffiHNin Read an- ft+rjnstead Staff believes adequate access to anyfuture transportation use iff alo�g the north bounda neFMeast eeme of the site,shown as the Civic land use on the conc�pt plan, can be obtained via an east-west public street connection to Ten Mile Road as depicted on the concgp plan.A 19atential aherwati+w to this would be to move Me Qvie usefurtheF west, still alqng th northern baundai�,,but behind the eemmereialftentiffg Ten Mik-, and ensure Staff believes the travel way shown in the north of the site&should be built as ajullpublic access (at least a local street) to handlefuture traffic to andfrom a transportation hub instead of the-private street shown on the concgpt plan. In addition to the access points to Ten Mile and Franklin Road, there will be travel ways within the development. These areas appear to be shown on thesubmitted bu revised concgpt plan as a combination ofpublic streets, private streets, and drive aisles. and netfull if b Ue Qtl-petQ Meip leeations.may ehange in MejCWuFe as.more Veeffie development is-19repes-ed. The road network will be the backbone of the connectivityfor this development and is therefore incredibly important to thefuture development of this site. Staff wouldprefer the main travel way shown that starts in the southeast corner and curves up towards the northwest corner of the property be a public local street. Thk k eytT-en�b!Hot a requiFement due to no TIS beint reouired a4 this tinw bw Staff believes creating a genui*e_pjjblic thoroughfare would help trafflcflow and create a grand drive through the development lined with street trees andpedestrian walkways. Staff is fully suQportive of the proposed street sections as they mirror those presented as "Street Section C"and "Street Section D"within the transportation section of the TMISAP(see page 3� 20 and 3-21 of the TMISAP). The submitted renderings include street trees, bike lanes, on-stree parkinZ and detached sidewalks—all of these elements are desired within the Ten Mile area and especiall X within Mixed Use Commercial land use des nations where pedestrian oriented desi jp_ ___gn is gLxpected. Whether the final street layout within this development is private or public, Staff is recommending that minimally the main streets within the development be built with these street sections in mind. Having tffiditional neighbeFheed:Fening designations instead of the R 40 wou aAe help aehieve this gea(I as stated tht;euOaHt the staff i�eper4. The Faa6h�wy shown dlaffg eastem jqioper,,�,boundway,however-, is an integ-Fal lee-a!and lik-e4,Fegional eenneetion to thi-9 development and-any- Atureregional hub on this site as.AseH;qsed above. Page 12 Pedieso4an eennee6vio,tindfiipMep site design eammew-s are di-seussed abe+w in th-e GenTi;ehensive Plan alla4wis seefien. Staff recommends that the Applicant continue working with ACHD on the extension of the street network within this development; this will hopefully occur through thefuture traffic study that is required. G. Parking(UDC LI-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-5 for all uses other than single-family detached dwellings. Included in these standards are those for commercial and retail,office, and restaurant uses. ha addition,the pafk4ag standards fe veAieally in4egfaled buildi - . . ed to be adhefed to if saeh tises afe pfep Future plannin !a-ad iise applications will determine the required number of parking spaces for all uses. H. Pathways (UDC H-3A-8): No multi-use pathways are proposed or required with this development. However,one of the main goals of a mixed use designation is pedestrian access and connection as well as cyclist connectivity and safety for all.A recommended DA provision is the applicant provide a pedestrian circulation plan with a future DA amendment or subdivision,so staff can analyze pedestrian circulation on the site once end-users are known for the proposed development. I. Sidewalks(UDC LI-3A-1 7): Seven-foot attached sidewalks exist along N. Ten Mile Road; seven-foot attached and detached sidewalk exist adjacent to W. Franklin Road.No additional sidewalks are proposed at this time because no development is proposed with this application. Future development projects on this site will be analyzed for compliance with the required sidewalk widths and locations. Staff notes that pedestrian connection will be integral to future development of this site and the Applicant will be required to meet the standards as set forth in UDC I I-3A-17 and those additional DA provisions outlining the requirement to construct some coMplete streets as proposed with the submitted street sections commensurate with the TMISAP. J. Landscaping(UDC 11-3B): A 25-foot wide landscape buffer is required adjacent to both W. Franklin Road and N. Ten Mile Road, arterial roadways,landscaped per the standards listed in UDC I 1-3B-7C. A common lot that is at least 25-feet wide along these roadways will be required upon future development.As future development and the required TIS will dictate vehicular connections to Franklin and Ten Mile, Staff does not find it necessary to require construction of the buffers now. Some of the required landscaping would likely be destroyed upon development. Therefore, Staff will analyze the landscape buffers at a later date. The landscape details that are a part of complete streets a*d traditional neighbor400d de4ga will be analyzed with future development. K. Qualified Open Space (UDC LI-3G): The Applicant has requested R-40 zoning and has stated their intention of developing that area with high-density,multi-family residential. In the R-40 zone,multi-family residential is a conditional use and qualified open space will be required for a minimum of 10%of the gross area and the open space requirements for the specific use standards in UDC 11-4-3-27 (the requirement for open space to be provided under both sections of code is currently under review by staff and the Open Space Committee; therefore,this statement ingy not be entirely accurate and the Applicant may have different standards that are required upon submittal of future land use gpplications). The qualified open space and amenities for the future multi-family development will be reviewed at a later date. Page 13 WW-h Me tradifienal neighbaAaad ffening 49triets (TAID) reeeniniended by Stffff, niast-, if- not alk, of the 19atential i�esidenfial housing Pffl a!4,jqernikte�k If tffiditiaHal niulti fianiiby-& z9fill 191deposed iff thefutur,-,, the speetfie use S. ;H4.1.1 Z96H eq5y��. Staff is reeoninieHdiffg th ApplieaHt eeHstmet ver�iea!4,integFated buik4iffg-s whieh weuld a8eviate the vei=y,speeoe ep &paee standare-k as.P;equif;edfer traditienal niulfi fantily develepnient. This is net to say epen zsp� aee is net i�wwed but the zsp� eeifie use;9taHdaiWsf.9r+vrfieally iwegiwted buik4iHgs alld the reeeniniended P�D are net as 19t;eseri)9fiVe as thesefer traditienal flmki fanti4,. L. Building Elevations(UDC 11-3A-19 I Architectural Standards Manua�: As stated above,no specific development is proposed with this application. Therefore,no building elevations were submitted. Future buildings on the subject site will be required to meet the architectural standards laid out in the TMISA-P and the Architectural Standards Manual (ASM). The architectural design standards within the recommended traditional neighborhood design often reflect buildings with porches,minimal front loaded garages,and great pedestrian connections. The vertically integrated buildings being recommended by staff have specific use standards that will also drive the architectural design for these areas. Staff recommends the Applicant review these requirements in conjunction with the Ten Mile Plan and its architectural standards. The proposed C-G zoning district should house multiple types of uses. The future buildings in this zone will be required to minimally meet those architectural design standards listed in the non- residential ASM checklist.In addition,the TMISAP requires the commercial buildings to be built with street oriented design. Some of the main design points in this specific plan are: buildings must"hold the comers"of the site when adjacent to streets; street level commercial must have at least 40%of the linear dimension of the fagade as windows or doorways;no wall frontage shall continue uninterrupted by a window or public access for a linear distance of greater than 12 feet; and the principle doorway for public entry into a building shall be from the fronting street. Staff is recommending DA provisions to ensure future compliance with the architectural standards for both the commercial and residential portions of this project. VI. DECISION A. Staff- Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section V11LA per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on September 17,2020.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning request. 1. SqMmaa of Commission public hearing: a. In favor: Stephanie Leonard,Applicant Representative; Deborah Nelson,Applic Legal Representative b. In opposition:None C. Commenting: Stephanie Leonard; Deborah Nelson; Walt Gasser,Applicant. d. Written testimony: None Staff presenting gpplication: Joseph Dodson, Current Associate Planner f. Other Staff commenting on gpplication: Bill Parsons,Planning SLipervisor 2. Key issue(s)of public testimony: a. None 3. key issue(s)of discussion by Commission: Page 14 a. Viability of allowing Lip to two (2)building pennits prior to anny platting process and before an gpproved Traffic Lmpact Study(TIS)—Staff does not sLapport this request. b. Are the access points to proposed project from Franklin and Ten Mile Roads,arterial streets, shovm approved by City Staff?—Provisionally,these accesses are approved b without a TIS,none of it is guaranteed. c. Location and potential future use of Civic/transit area along north boundga of site. d. Overall vehicular travel layout mostly focused on new location of collector roadw versus that shown on the MSM including where a future signal is planned at Franklin. e. What is the relation of this comer in terms of development of ther areas within the Ten Mile Area 4. Conunission change(s)to Staff recommendation: a. Revise DA provision VIII.A-l.b to include the first part of the Applicant's request for wording change. 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard these items on October 27,2020.At the public hearing the Council moved to approve the subject Annexation and Zoning request. I. Surnmant of the City Council public hearing;- a. In favor: Stephanie Leonard,Applicant Representative; Walt GasserAp-Vlicant b. in opposition:None C. Commenting: Stephanie Leonard;Walt Gasser; Trevor Gasser,Applicant;JustinLucas ACHD Representative. d. Written testiniony:-None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimonT. a. None 3. Key issue(s)of discussion by City Council: a. The near and long term potential use of the reserved Civic area near the northeast comer of the site,how the 2040 timeline was decided by staffif and should there be an additional option for the City to purchase this area made part of the DA provision. b. Staff s comfort level with the DA and whether it has been deemed strong enough to dictate future development on the subject site; should anything change,will the Applicant be required to go before City Council again? c. The ex-Dected timeline of development—specifically,whether the residential or commercial component is expected to be constructed first. d. The-point of access to Franklin Road that is slated to be signalized by ACHD and how the construction of this siMal might occur with the A "licant not owning the prope y directly adjacent to Franklin Road—Justin Lucas from ACHD responded to this question following staff s comments outlining that with the required Traffic Impact Study(TIS),ACHD will review what the Applicant will be required to participate in regarding the future signal and all requested acc e. Whether a discussion has occurred between the develoDer and the Community Development department on assisting the A �PDlicant in finding tenants for the commercial portion of the site in order to try and bring family-wage jobs to Meridian. f. Clarity on why staff decided to not push the floor area ratio goal from within the TMISAP and how has that been mitigated within the staff report and subse provisions. Page 15 4. City Council change(s)to Commission recommendation. a. Approve the revised language for DA provisions VIII.Al.b&VIII.Al.1 per the Applicant's request—Staff expressed no concems with these revisions as the clarity and do not change the function or intent of either provision. Page 16 VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Map�j(NOT APPROVED) lum �.MVJO 9233 WEST STATE STREET I BOISE,ID83'714 1 208-639.6939 1 FAX208,639.6930 April 20,2020 Project No.:20-005 Legal Description CITY OF MERIDIAN ANNEXATION A pa roel of I a nd situated i n th e West 1/2 of the Southwest 1/4,Section 11,Townshi p 3 North,Ra nge I West, Boise Meridian,Ada County,Idaho and being more particularly described as follows: BEG IN N ING at a foun d brass cap marking the southwest come r of sa id Sect fo n 11,which bears SOO'52DCF"W dista no.-of 2,W.23 feet from a found bra ss cap rn a rk Ing t h e West 1/4 corner of sa id Sect[on 11,thence following the westerly line of said Section 11,NGD'52'0(rE a distance of 1,546-96 feet; Thence leaVi ng sa d weste rly section I Ine,S88'28'33"E a dista n ce of 48.00 feet to a fou n d 5/8-in ch rebar marki rkg the northwest corner of a pa rcel described as Parce I A of Record of Survey No�6883,(Records of Ada Co u nty,Idaho)on the southei ly right-of-way Ii ne of t h e U nion Pacific Ra I road; Thence fol lowi ng sa id southerly right-of-way ti ne,588'28'33'E a d Istance of 1,1&3.65 feet to a found 5/8-i nch rebar marking the no-rt heast comer of said Parcel A; Th ence I eaving said so utherly right-of-way I ine an d following the easterly bou nda ry lin e of sa id Pa rcel A, SGD'4(Y38"W a d istance of 1,3 18.22 feet to a fo u nd iron pipe; Thence leavi ng sa id easte rly boundary I ine,N 88'37SrW a dista nce of 2 37.14 feet to a fo und iro n p I pe; Thence NDO'41'49'E a distance of 5.00 feet to a found iron pipe; Thence N88'37'58"W a dista n ce of 2 27.97 feet to a fo und 5/8-inch rebar; Then ce 500'4036"W a d[stance of 193.32 feet to a fou n d S/8-inch reba r on t he northerly right-of-way ii ne of W.Franklin Road; Thence S00'50`24"W a distance of 30.00 feet to the southerly line of said Section 11; The no-e following said so Lit he rly sectlo n I ine,N89'09'3 6"W a dista noe of 771.48 feet to th e BEGINN I NG. Sa d parce I conta ins 4 1.284 Acres,more o r I ess,and Is subj ect to a I I exi A I ng ea sem ents and/o r rights-of-way of record or implied. l%Li-L A 0 E N S'e 6662 Y KE ENGINEERS SURVEYORS PLANNERS www.kmenglip.com Page 17 10 WEST 1/4 CORNER 0 125 250 500 N SECTION 11 Scale: 1" 250' cl) Wnion Pacific Railroad L.1 118165' LANp Legend E 'e'q '0 0 FOUND IRON PIPE 0 FOUND 5/8- REBAR U CL ;a 1 662 FOUND BRASS CAP CALCULATED POINT OF SECTION LINE K�' BOUNDARY LINE ADJACENT BOUNDARY LINE �0 C-4 0 Z:* I o7 La <5 L Franklin&Ten Mile m 0�1 LLC LO 3g: C3 M C It N.T.S, NOO*41'48"E 5.00' LINE TABLE LINE BEARING DISTANCE Ll S8B2a'3.3"E 48.00 T L2 NBEr37'58'V 237.14 POINT OF BEGINNING L3 NBB'37'58PW 227.97 m n SOUTHWEST CORNER >-Nj SECTION 1 1-3 L2 — L4 SO'41)'38'W 193.32 12 L 3 L2 C John Ii. E L5 SO'5D'24"W 30.00 7A C H 7D M tc 2 Morton 0 15 14 N89'09'36"W 771.4B' W. Franklin Road E N G I N E E R I IN G 923�WF.5t 5TATIE sTRIEET '06E,IDA H 0 83714 P City of Meridian Annexation HON[�(7'01�j 639-6n4.? km�ngllp-com Ada County, Idaho DATE: ApAl 20,2020 "RojEcr; �0-005 SHEET: A portion of the West 1/2 of the SW 1/4,Section 11,T�3 N,,R,1 W,B.M.,Ada County,Idaho I OF 1 Page 18 1183-65 s88'28'33"e 11� p n88'37'58"%v SV37'58"w 227.97 237.14 n891091361v 771.48 Title: 7Date:04-20-2020 Scale: I inch 250 feet File: Tract 1: 41.284 Acres� 1798338 Sq Feet:Closure�n8l.2834e 0.01 Feet: Precision=11864866: Perimeter=5562 Feet 001=nGG.5200e 1546.96 005—ng&3758w 237.14 009=sDO.5024w 30.00 002—s88.2833c 48.00 006=nO0.4148e 5.00 010=n89.0936w 771.48 003—s88.2833c 1183.65 007=n88.3758w 227.97 004--sOO.4038w 1318.22 008-00-4038w 193,32 Page 19 km ENGINEERING Octo be r 15,2020 Project No.:20-005 Exhil3lt A Legal Description for C-G Zone A parcel of land situated in the West 1/2 of the Southwest 1/4 of Section 11,Township 3 North,Range 1 West, Boise Merid ia n,Ada Co unty,Idaho a nd bei rig more particu larly descri bed as follows- BEG I NNING at a fo und brass cap ma rking the Southwest co mer of sa id Sect io n 11,which bea rs SOT52'00"W a d ista nce of 2,64&2 3 feet f rorn a fo u nd bra ss ca p marking the West 1/4 cc mer of said Section 11,thence fo I lowi rig the westerly I ine of sa id Sectio n 11,N00*52'WE a dista nce of 1,546.96 feet,- Thence leaving said westerly I i ne,S88*28'33"E a dista nce of 48.00 feet to a foun d 5/8-inch reba r ma rld ng th e Nort hwest come r of a pa rce I of la nd d escribed as Pa roel A of Reco rd of 5 u rvey No.6883,on the southe rly righ t-of-way lin e of the U n ion Pacific Ra il roa d; The n ce fol lowi rig said so utherly rig ht-of-way line,588'28'33"E a dista nce of 643.44 feet; Then w leav-i ng said so utherly r ight-of-way I ine,SOO'52'W"W a dista nce of 306.93 feet; Thence N89o0649�"W a distance of 19.91 feet; Thence S76'01'35"W a distance of 203.2 6 feet Thence 500'52'WW a distance of 497A8 feet, Thence 397.66 feet along t he a rc of a circu lar curve to the left,sa id cu rve havi ng a ra d iu r,of 250.00 feet,a d eJta a ngle of 9 1*08'14",a chord bea ri rig of S44*42'07"E a nd a chord d istance of 357.04 feet, The nce 589*09'12"E a dista nce of 505.2 5 feet to the easterly bou ndary I ine of said Pa rcel A; Th e nce fol lowingsa id easte rly bou ndary fine,SOO*40'38"W a d ista nce of 2 Is.18 feet to a fou nd iron pipe; Thence leaving sa id easterly bounda ry Ii ne,N88'37'5 8"W a dista nce of 2 37.14 feet to a fou nd i ron pi pe; Thence NOD'41'49"E a distance of 5.00 feet to a found iron pipe; The nce N88*37'SrW a d ista n oe of 2 27.97 feet to a fDu nd 5/8-i rich re bar; Thence SOO'4(Y3rW a distance of 193.32 feet to a found 5/8-inch reba r on the northerly right-of-way line of W.Franklin Road; Thence SOO'5(Y24"W a distance of 30.00 feet to the southerly line of said Section 11; The noe follow ing sa id south erly lin e,N89'09'36"W a d istan ce of 771.48 feet to the POI INT OF BEG INN I NG. Said parcel contains 24.011 Acres,more or Im,and is subject to all existing easements and/or rights-cf-way of reco rd o r i in pi ied. Attached hereto[s Exhibit B and by this reference is hereby made a part of All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. KL L AV xr,E 0- 6662 of K E 9233 West State Street Boise,Idaho 93714 208.639,6939 kmengflp.com Page 20 LAAp 10 WEST 1/4 CORNER SECTION 11 6662 OF QYK ---__�_Urfion Pacific Railroad LT S38'28'33'E 01 Cq -T Franklin&Ten Mile L3 LLC -a V)I,! to oca 0 Z�t cc 3t N 'j? 00 P 0 C-ra <0 MO 1,4-1 to (n 1 0 125 250 500 Scale.- 1" 250' S89'09'12"E 505.25' L5 L7 m L3 Ln cm, La L6 POINT OF BEGINNING -8 'U Q SOUTHWEST CORNER 'OU' t1ohn H z SECTION I I --j A 7CH D Mort" Morton 0 Y M L 15 —a*��Li 0 1469-09'36V 771.48' W. Franklin Road E N G I N E E R I K G z 9233 WEST STATE STREET z 0 BOISE,MAHO 83714 PHONE(208)M-6931) C-G Zone k�engllpmm D Ada County, Idaho DATE: October 15,P020 PnJECT-- 20-005 SHEET: Exhibit B 1 OF 2 A portion Ofthe West 1/2 oftheSW-1/4,Section 11,T.3 M,R,I W.,B.M.,Ada County,Idaho Page 21 643.44 2 505.25 s89'09'12"c &D n88'37'58"� 227-97 237,14 n89'09'36"w 771.48 Title: Date: 10-14-2020 Scale: I inch 260 feet IFile: Tract 1: 24.011 Acres; 1045912 Sq Feet:Closure=n33.1032w 0.01 Feet: Precision=1/869W: Perimeter-5852 Feet 001=nOO.5200e 1546-96 007-sOC.5200w 497.48 01 3--n88-3758w 227.97 002=s88.2833e 48.00 ORS:L�R--250.00,Ddn�91.0814 014-sOO.4038w 193.32 B.g--44.4207.,Chd=357-04 003=s88.2833e 643.44 009=s89.0912e 505.25 015=sOO.5024w 30.00 OG4=sOO.5200w 306.93 0 1 O=sOO.403 Sw 218.18 016-n89.0936w 771,48 005=n89.0649w 19.91 01 I�M&3758w 237.14 006-s76.0135w 203.26 0 12=nOO.4148e 5.00 Page 22 km E N G I N E E R r N G October 15,2020 Project No..20-005 Exhibit A Lega I Description for R-40 Zone A pa rce I of la nd sit ua ted i n th e West V2 of the Sou t hwest 1/4 of Sect ion 11,Town shi p 3 No rth,Ra nge 1 West, B oise M e ri d ran,Ada Cou nty,I d a h o a nd be i ng mo re pa rticu la rly de sc r1bed as fol lows: Cc m men ci ng a t a fo u nd brass ca p rn ark ing th e Sou thwest cc rn e r of s a id Sectio n 11,w hich bea rs SW52'00"W a d[sta n ce of 2,646,23 feet f ro rn a fo u nd b ra ss c a p rn a rking t he West 114 corner of sa id Sectio n 11,the nce fo I iowi ng t he we ste rly I i ne of sa id Sect io n 11,NOO*52'00"E a d ista nce of 1,53 9.02 feet; T h e nce leav Ing sa id westerly 1i ne,S89'0W00"E a d ista nce of 691.4 0 feet to th e no rthe rly bou nda ry I i n e of a pa rcel of la nd d escribed a s Pa ree I A on Record of S urvey No.6883,on th e so utherly right-of-wa y Ii ne of th e Union Pacific Rafiroad and belng the POINT OF BEGINNING. Thence following said southerly right-of-way line,S88*28!33"E a c1l5tance of 540.21 feet to a found 5/9-fnch re ba r ma rking the No rthea st cc rn e r of sa id Pa rce I A; Th e nce leavfng sa id so utherly r Ight-of-way J i ne an d fo[lowing th e easte rl V bou nda ry J i n e of sa id Pa rce I A, S00'40'3 8"W a d ista nce of 1,100-04 feet; The n ce leavi ng sa A ea sterly boun da ry I In e,N 89'09'1 2"W a d ista nce of 505.25 feet; Th e nce 3 97.66 feet a lo ng th e a rc of a c ircu lar cu rve to t h e right,sa id cu rve havi ng a ra d i us of 250.00 feet,a de Ita a ngle of 9 1'08!14",a cho rd bea ri ng of N4442'07"W a nd a c ho rd di sta nce of 35 7.04 feet; Thence NOO*52'00"E a distance of 497.48 feet; Th e nce N76'01'3 5"E a d ista nce of 2D3�2 6 feet; Thence S89606'49'E a distance of 19.91 feet; The nce NOO'52'CD"E a d ista nce of 306.93 feet to t he POI NT OF BEGI N N I NG. Sa i d parce I con ta ins 17�2 73 Acres,m ore o r less,and is su bject to a I I existi ng ea sements a nd/or Cights-of-way of reco rd o r i rn pl ied. Attache d he reto is Exh ib it B a nd b V t h Is refe re nce is h ereby rn a d e a pa rt of. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded d ocurn e nts of th e cou nty i n w hI1 ch these descri be d ia n ds a re situ ate d in. 1,L LANO 662 1P OF It> 9233 West State Street Bo4se,Idaho 83714 - 20&639.6939 kmenglip.com Page 23 10 �L LAND$ WEST 1/4 CORNER .0 C' NZENse SECTION 11 1k: 13- 6662 or n Pacific Railroad — — — Q Y KE S88'28'33"E 540.2 V - "U 2' L1 (TIE) r 01 1'� rPOINT OF BE�GINNtNG Franklin&Ten mile L3 LLC 10 cu U�' LLPI 6 �E 00 0 C - �v R-40 0 L0 0 V) Z C� POINT OF COMMENCEMENT SOUTHWEST CORNER SZCTION 11 IN 0 Legend a FOUND 5/8' RESAR FOUND BPASS CAP CALCULATED POINT SECTION LINE Q 125 250 500 lam BOUNDARY LINE ADJACENT BOUNDARY LINE: E IN G f IN E E R I IN G Scale. 1 250' SM W EST STATE STREET 130 IsE,IDAHO n724 MONE(2081639-6539 R-40 Zone Ada County, Idaho DATE: OdOb-15.2020 < PROJECT., 20-005 SHEET: Exhibit B A o rti on of th I-West 1/2 of the SW 1/4,Se ct!o n 11,T.3 N.,R,1 W,B.M.,Ada Co Lrn ty,Id ah a 1 OF 2 E Page 24 540.21 s88*28'33% 03.?,6 7 P 7t Sll 3�67 n89'0912"w 505.25 Title: Date� 10-14-2020 Scale: I inch 200 feet File: Tract 1: 17.273 Acres: 752430 Sq Feet;Closure s65,0116e 0,01 Feet; Precision—1/322352: Perimeter 3571 Feet 001=s88.2833c 540.21 004:RL R-250.00.Ddta=91.0814 R�g-4420�,Chd-,35TO4 007—s89,0649e 19,91 002=sOO.4038w 1100.04 005—nOO.5200e 497.49 008=nOO.5200e 306.93 003=n89.09]2w 505.25 006=n76.0135c 203.26 Page 25 B. Bubble Plan(date: 6/8/2020) (NOT APPROVED) LEGEND IOMMIIIIIAI i TENMILE'-REK FULL ACIE11 OFFICE/RETAIL SPECIALTY OIFIFIC�ll SUl CTTOA PR VA WIT RESIDENTIAL R 40 FINAL DEVEL01 7MEONTPLI.I" INIERORTRAVILWAY civic BOUNDARY + l COLLE-1 ..lLR.ADTRACK1 SPICIALT SITE ENHANCEMENTS E= NOTAA. H+� (PLAZAS,YAN DSCAPING,l QHF-SITF ROADWAYS PEDESTRIAN PATHWAYS(LOCATIONS ARE SCHEMATIC) RAILROAD RIGHT OF WAY ;V-4 4* RAO civic COMMERCIAL RESI DENTAL G C M CERCIAL N*e.' ........... Vs .8 %A'oftsvv m CG C� R-40 COMMERCIAL OFFICE/RETAIL RESIDENTIAL Cr, CE/R COMERCIAL OFFI CG IL ACHD SPECIALTY NOT A PART FFICE/RETAIL FRA KILIN ROAD N RINCIPAL ARTERIAL) FTEN MILE AND FRANKLIN BUBBLE DIAGRAM 0 70' 140' ?101 PI ian Scale:I"=70'Wl l ft 24'X36" Page 26 C. Revised Coneept Development Plan(A+wust September 2020) THE GATEWAY AT 10 MILE w --d= RAILROAD RIGI IT OF WAY C-C R-40 RAILROAD RIG-ffCF WAY J64 OP EN AREA 4 5TORY APA MENTS WfELEVATOR EXECUTIVE M Ln-STOR r: F�-�i.T-, aA41..........FL. L 4 5TORY APARTMENT$ OJECISCIVE j PPARTMENT9 foin PLA-ZA A PUBLIC STRE15T DMCVTIVE TYPICAL� 4 STOFrf APARTMENTS PATMWXYS 4 WELEVATOR APARTMENTS TVPICAL To TOWNHOMES 3STORY 3 srmw, 3STORY 3 STORY WITH ARAGE'T ON BOTTOM R-40 c G Ap— mul-ri-slorN I'LAIA It WIWI rRivATC STREEt, TWICA fmilpi N ArHORT PUT sroRy OYA PA NOT A PART PO D RELOCATION FRAP*KLIM ROAD ,PRINCIPAL ARTERIAL) ------ ..... SM AREA CALCULMONS,. 4-STORY APARTMEN7,576,309 SIF 113.2 3 ACRES) 3-STORY 7OWNHOMER 133,301 S F(3.06 ACRES) COMMERCIAL/OF F IC�:987438 5F(22.67 ACR ES) DEVELOPMErfr PLAN Page 27 D. Applicant's Proposed Development Agreement Provisions Ten-NUle and Yr-anklin—1ropo&ed Conditions for DA We propose that the following items be included as conditions goveming development of the subject property: • Hui Id ingsalongren M i I c and Frank]i n%hou I d relate effecti vel y to each fronti ng street. Buildings along Ten Mile and Franklin should be at or close to the property I ine facing the street with mam entrances/facades oriented to the street. Parking will not be permitted between front of building and street frontage along Ten Mile and Franklin. • Buildings at the comer of Ten Mile and Franklin should "hold the comers" to the extent feasible given the constraints of the site due to Ten Mile Creek. • The space between a building fa�atle and the adjacent sidewalk should be landscaped with a combination of lawn,groundcover,shrubs,and trees. • Minimize single-story structures. Include at least one multi-story building fronting on Ten Mile and at least one TnUlti-StOry building fronting on Franklin- On single-story structures, use architectural facades to add height wherever possible and visually effective. • Incorporate plaz as between compati b le us es to provide share d outdo or seating and enhance pedestrian circulation between uses- • Restaurants are encouraged to have outdoor dining. Shops & stores are encouraged to open their doors &street front windows&use clear glass that allow%visual access inwards&outwards- • Incorporate hurnan-scale design with building entrances placed close to the street, ground floor windows, articulated facades, appropriately s", ed signs and lighting, and awnings and other weather protection. Create architectural distinctions between any ground and upper stories- Announce entries through changes in details,materials,and design compositions. • Provide elements that become focal points and announce special places in the Ten Mile area (gateway & cntryway corridor signs, continuous walkways, attractive Arcetscape design and landscaping)- • Architectural character should establish a clear sense of identity for each activity center through an overall palette for each phase of the development while maintaining a degree of individuality for each building- The palette should address and coordinate key elements such as materials(walls,roofs,key architectural elements),and colors,etc. • Signs should be compatible with the architecture of the buildings and busi nessc s th cy identify i n co I ors,materi ak,si zes,s hapes,and I i ghti n g- Page 28 E. Proposed Street Sections and Plaza Exhibit THE GATEWAY AT 10 MILE 10 M-P 04444-SO SECTIO % PLAZAA- 4J SECTION I f SECTION PLAZA B FRANKLIN ROAD % '1:KEULA'.... P D11TRIAN SrCTION 2 L.1 DIAGRAM C RC CIRCULATION DECORATIVE FLOWER POTS SITE FEATURE-ART/SIGN BENCH SEATING TREE GRATES SHADE BISTRO SEATING MAP KIOSK PLAZA A SITE FEATURE-ART I SIGN BENCH SEATING TREE GRATES DECORATIVE FLOWER POTS BISTROS ATING SHADE % ---------- A PLAZA 9 CONCEPTUAL,SUBJECTTO CHANGE Page 29 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DiviSION I. 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 stibmitted Wable pla-m in Seetion VILB is not approved as shew-fl.At 1 ten(10) da�,s-prior-to the City Getmeil hearing,the Applieafft shall sub revised bubble plan r-efleeting StafPs r-eeemmeaded revisions her-ein. b. The Applicant is required to submit a Development Agreement Modification enee a more speeifie develepmef4 plan is knewti or-when any futufe subdivision oeeufs; the futwe develepmef4 plan shall address ifftemal vehiele a-ad pedestfia-m eir-etilation, stfeetseapes, ftitefe iises,biiilding design, a-ad aeeess if any future development or gpplication materially deviates ftom the gpproved Development Plan and recorded Development Agreemen . The City shall not issue a building permit until the property is subdivided.and-a:Ttgt& develowneat pla-a is apor-eved by C-ouneil. c. The Applieant shall revise the bubble plan to show a larger-residential area to inelude these areas sheNN%as"effiee/r-etai!"and wmex if4e the City of Mer- with TN G (Traditional NeigMerhood GepAer-Distfiet)a-ad TN R(Raditienal Neighbor-heed Zening Distfiet)zoning instead of the requested R 40 zoning designatiAn At least ten(10)days prior to the City Council hearing,the applicant shall provide revised legal descriptions and exhibit maps for the requested C-G and R-40 distfiet and the Feeeffffneaded T-N G a-ad T-N zoning districts-to reflect the revised concept plan as seen in Exhibit VII.C. d. Within the TN R and TN G zening distFiet,at least those stfuetwes abutting d thr-etigh the develepmen4 shall be vet4ieally in4egfated stpaetwes a meet the speeifie use standards as st4ed in UPC 11 4 3 4 1, or-single fainil stfuetwes to efisufe a diversity a-ad mix of housing pr-eduets. e. No mer-e than twe (2)bttildiags aleng eaeh a4er-ial r-eadway within the pr-epesed G G zoning distfiet shall be single stefty s4ffettffes(two Wildings alefig N. Ten Mile Read a-ad two buildings alefig W. Fr-aflklifi Read), exeept that additional single story struetwe allotment may be r-eqeested W-hefe in a 44- e*eha-nge for-stmetwes that afe gr-ea4er-than 2 st i f. The Applicant shall comply with the design standards as proposed and shown in Exhibit VILGD. The applicant shall also comply with the following additional design standards at a minimum: 1. Street level commercial must have at least 40%of the linear dimension of the faqade as windows or doorways; Page 30 2. No wall frontage shall continue uninterrupted by a window or public access for a linear distance of greater than 12 feet;and 3. The principle doorway for public entry into a building shall be from the fronting street-.; 4. Minimally six(6)of the eleven Q 1)proposed single-sto1y structures shall be built with a first story clear ceiling height of 12-15 feet, especially those two structures along the main internal thoroughfare built adjacent to the proposed street cross-section 2 as seen in Exhibit VILC, an 5. In place of the fourth bullet point shown in Exhibit VILD,the following provision shall apply: Minimize single-story structures; on single-sto structures,use architectural facades to add height wherever possible and visually effective. g. All street cross-sections(excluding commercial parking lot drive aisles) shall be consistent with the submitted cross-sections as shown in Exhibit VILE, commensurate with the Ten Mile Interchange Specific Area Plan(TMISAP) for traditional neighborhood design. Commercial drive aisles should still be designed with a high degree of pedestrian connectivity and comfort in mind, and utilize on-street parking where feasible to separate pedestrians from automotive traffic. h. The Applicant shall preserve the Civic portion of the site for the future development of a multi-modal transit station. Interim uses shall be limited to shared/overflow parking, gpen space, and temporary uses(i.e. outdoor markets, car shows,mobile sales units, special events,and others as outlined in LTDC 3- 4. If by 2040 no Valley-wide study is adopted or the Treasure Valley High Cgpaciiy Transit Study determines a transit station is not necessga here,this restriction shall be null and void. i. All future landscaping and lighting shall be consisting with the TMISAP and Public Works standards. j. No accesses to N. Ten Mile Road and W. Franklin Road are approved with this application; access points to these arterial roadways will be reviewed in conjunction with the ftiture traffic impact study required by Ada County Highway District(ACHD)upon future development of the subject site and any future subdivision. k. Upon future development,the Applicant shall construct half plus twelve feet of the required right of way for the future collector street located in the southeast comer of the property. 1. The Applicant shall construct the east-west street in the northern portion of the site as a full public street ending in the southeast comer of the proposed Civic site a4eng the eastem pr-epei4y bettadafy and wholly on this pr-epefty staffifig the eelleeter-roadway in the southeast eemer-of th � . 1� I ending in the aeAheast eemer-ef the site where the Civie ftAdfe!a-ad t*s as shown on the btibble revised eeneept approved Development pPlan in Exhibit VII.C. in. Future development of this site shall comply with the Ten Mile Interchange Specific Area Plan(TMISAP)goals submitted by the Applicant,as shown in Exhibit VILGD; all other goals stated in the TMISAP shall also be complied with to the extent possible other than the Floor Area Ratio (FAR)requirement. Page 31 n. Future development of both the commercial and residential structures shall comply with the applicable architectural design guidelines within the TMISAP and the Architectural Standards Manual(ASM). o. Future development shall be consistent with the development and dimensional standards listed in UDC I I-2A-8 for the R-40 zoning district and those listed in UDC 11-213-3 for the C-G zoning district. 11 2D 2 fer-the r-eeemmea tr-aditional neighbofhood distr4ets. p. The Applicant shall comply with the ordinances in effect at the time of application submittal. q. The future residential development on this site shall be developed with a density range of 8-15 dwelling units per acre,based on the acreage of the entire site. n The Appheant shall integfate the Ten Mile Greek inte the develepment vi outdoor-dining andler-speeialty retail to ineor-por-ate the er-eek as an afflenity the development. s. If an agreement with ACHD to relocate their pond to the constrained piece i the southwest comer of the site is not accomplished,T-hethe Applicant shall coordinate with the Parks Department to include a public amenity(trail hub lot) in the southwest comer of the site,labeled as speeialty retail possible ACHD pond relocation on the b4ble gcognggept plan. If an neither agreement with the Parks PepaAine cannot be made,the Applicant may construct this area with a specialty use that allows for an activity node for the development. Future development plans shall show this area of the bubble ggngept plan with greater detail following these discussions. t. Minimally those commercial buildings fronting along the central thoroughfare, proposed to be built adjacent to the labeled street section 2, shall be built as close to the back of sidewalk as possible—outdoor dining mgy be used in this area as an alternative but building fagades shall be built no further than 10 feet from back of sidewalk in M case. u. The prgposed plazas as shown in Exhibit VILE shall be built as raised islands for added pedestrian safety and placemaking;the addition of bollards shall also be considered for added safety and to delineate travel areas. v. Future development and potential changes to the development shall include no more than 45%of the subject site with residential uses,as measured in acres and square feet. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the preliminary plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 1.2 The City owns and maintains a reclaimed water system adjacent to the subject site. Connection to this system is required for irrigation use. Use of reclaimed water is contingent on final design/demand. Reclaimed water is only for commercial/office areas (no residential). All reclaimed lines/sprinklers must be designed per the city's reclaimed specifications including signage. Applicant shall be required to execute a user agreement Page32 before water delivery. (See"Sample Reclaimed Water USER MANUAL" and"December 2017 RECYCLED WATER USER AGREEMENT" for additional information and examples.) 1.3 A Floodplain Development Permit is required for effective A Zone development.Applicant's engineer may want to extend the TM Crossing Hydraulic Study to determine actual floodplain and BFE's. 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 I I-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 33 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 I 10%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 I I-I 2-3H. 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 34 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. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:11weblink.meridiancity.orglWebLinklDoc View.aspx?id=1886 72&dbid=O&rgpo=Meridian C ky D. CENTRAL DISTRICT HEALTH(CDH) https:llweblink.meridiancily.orglWebLinklDoc View.gvpx?id=187422&dbid=0&r0o=MeridianC iv E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.orglWebLinklDoc View.gvpx?id=18993 7&dbid=0&r0o=MeridianC iv F. COMPASS(COMMUNITY PLANNING ASSOCIATION) https:llweblink.meridianciU.orglWebLinkIDoc View.g,,vpx?id=188458&dbid=O&roo=MeridianC iv IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) 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; Commissionfinds the proposed zoning map amendment to C- T' TX C—and TX R di-striet-y-and n-&�R-40 zoning district is consistent with the Comprehensive Plan, if allprovisions of the Development Agreement are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commissionfinds the proposed zoning map amendment will allowfor the development of multiple types of residential and commercial uses which will contribute to the range of housing opportunities available within the City and more employment opportunities in the Ten Mile Area, consistent with the Comprehensive Plan and the purpose statement of the Mixed Use Commercial designation of the Ten Mile Interchange Specific Area Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Page35 Commissionfinds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commissionfinds the proposed zoning map amendment will not result in an adverse impact on the delivery ofservices by anypolitical subdivision providingpublic services within the city. 5. The annexation(as applicable)is in the best interest of city. Commissionfinds the proposed annexation is in the best interest of the Cityper the Analysis in Section V and the DA provisions contained herein. Page 36 Item#19. E IDIA AHO AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Clint Hansen and Vincent Blommer (Owners) and Land Solutions (Developer) for 1625 E. Bentley Dr. Fage 317 ADA COUNTY RECORDER Phil McGrane 2020-158710 BOISE IDAHO Pgs=27 CHE FOWLER 11/19/2020 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES- 1. City of Meridian . Clint Hansen and Vincent l lornmer, Owners 1 Land Solutions, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 17th day of November2020, by and between City of Meridian, to municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue Meridian, Idaho 83642 and Clint Hansen and Vincent I lore mer,Whose address is 5986 T 1. Mitchurn Ave.,Meridian,tD 83646,hereinafter called OWNER,and Land Solutions,whose address is 231 E "' Street, Suite A, Meridian, ID 83642 hereinafter called DEVELOPER,. I. RECITALS: l.] WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" which is attached hereto and by this reference incorporated herein as if set forth in full herein after referred to as the 1rroperty<and. E2 WHEREAS,Idaho Code§ 67-6511 A provides that cities may,by ordinance, require or permit as a conditiori of zoning that the Owners and/or-Developer- make a written commitment concerning the use or development of'the subject Property, and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11- 1 -3 of the Unified Development Code ("IJDC"), which authorizes development agreements upon the annexation arid./or re-zoning o land-and 1A WHEREAS,Owners/Developers have submitted an application for annexation of 1,55 acres ofT land with an C®C(C:Tonimunity Business)zoning district of the property listed in Exhibit "A„ attached hereto, under the Unified Development Code, which generally describes how the Property will be developed and what improvements Will be made, and 1.5 WHEREAS,Owners/Developer made representations at the public bearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will lie developed and what improvements will be made,and IatuV L at=MEN t,A R r.Nt>'N'r,- 1625 t, 131N rLEY DRIvIa(11-2020.0078) 1'A(iE l OF 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning 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 221"day of September,2020,the Meridian City Council approved certain Revised 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 Owners/Developer to enter into a Development Agreement before the City Council takes final action on final plat-, and 1.9 WHEREAS,Ownersi Developer deem it to be in its best interest to be able to enter Ento this Agreement and acknowledges that this Agreement was entered into voltmtarily and at its urging and request-. and 1,10 WHEREAS,City requires the OwneTs/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 December 19, 2019, Resolution No. 19-2179,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 OWNERS: means and refers to Clint Hansen and Vincent Blommer, whose address is 5986 N. Mitchum Ave., Meridian, ID 83646 hereinafter DEVELOPMENT AGREEMENT-1625 E.BENTLEY DRWE(IJ-202 0-0078) PAGE 2 OF 8 called OWN ER/DEV ELOPER, the party that owns said Property and shall include any subsequent owner(s)of the Property. 3.3 DEVELOPER: means and refers to Land Solutions,whose address is 231 E� 5 1h Street, Suite A, Meridian, ID 83642 hereinafter called OWNER/DEVELOPER, the party that is developing said Property and shall include any subsequent developer(s)of the Property- 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and 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 rio,it to develop the Property in accordance with the terms and conditions of this Agreement. 01 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 DEVELOPMEENT OF SUBJECT PROPERTV-. 5.1. Owners/Developer shall develop the Property in accordance w ith.the fo I low[fig special conditions: a. Uses on the propeTty shall be hi-nited to office uses only. b, Future development of this site shall be generally consistent with the conceptual site plan and building elevations included in Section VIII and the provisions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as exhibit"B". c. The existing house shall be removed prior to certificate of occupancy. d. The undeveloped portion of the property shall be seeded with native seed and maintained free of weeds until such a time as future development occurs on that portion. e. The applicant will submit a tree mitigation plan at time of Certificate of Zoning Compliance (CZC). This mitigation plan shall indicate the total number of caliper inches of trees proposed for removal, and the total number of replacement trees proposed. 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 DEVELOPMENT AGREEMENT-1625 E.BENTLEY DRIVE(H-2020-0078) PAGE3 OF 9 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 Owners/Developer's default of this Agreement, Owners/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 (180) day period, then the tirne 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 Owners/Developer that is not cured after notice as described in Section 7.2,Owner/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 niles, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/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 Owners/DevelopeT 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 Owners/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: Owners/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 pol icy,notify the City Engineer and request the City Engineer's inspections and written DEVELOPMFN-r AGREr-MF.NT- 1625 L.BENTLEY DRFVE(H-2020-0078) PAGF 4 OF 9 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 of the Exhibits, and submit proof of such recording to Owners/Developer,prior to the third reading',of the Meridian Zoning Ord]nance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council falls 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. It. 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/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 perfonnance is provided by Owner/Developer to the City in accordance with Paragraph I I above, 13. ABIDE BY ALL CITY ORDINANCES: That Owners 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 bythis 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- 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: Clint Hansen and Vincent Blommer Land Solutions 5986 N. Mitchum Ave. 231 E. 5t" Street, Suite A Meridian, ID 83646 Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other 'on thereof In accordance with the requirements of this section. party a wntten notl icatl 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 DEVELOPMEWAGREEMENT- 1625E.Br.-:NTI-F.YDRrvrt(it-2020-0078) PAGE 5 oF 8 be granted, to court costs and ceasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the par-ties and shall survive any default,tennination 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 paiiies' 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 of the 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 shal I act reasonably in giving any consent,approval,or taking 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 govenimental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 2v FINAL AGREENIIENT: 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 cond iti on govern ing the u ses and/o r conditions governi ng re-zon ing o f the su bJ ect 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 0EVELOPMENT AGREEMENT-1625 E.BENTLEY DRIV E.(1-1-2020-0079) PAGF,6 OF 8 f ing des ignat ion and/or a mendmen t 1 n fo ree at the notice pvov�sions provi or a zoni 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. lend of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this a&7eemerit and made it effective as hereinabove provided. OWNERS: Clint Hansen Vincent b6mmer DEVELOPER: Land Solutions BY: C 14 A-(-F-� Its: i�'%,—C 1� ,or'j 7- CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk DEVELOPMENT AGREEMENT- 1625 E.BENTLEY DRIVF(H-2020-0078) PA(-,iF 7 oF 8 STATEOF IDAJ-10 : 8s: County ol'Adn On thl-2-1lay ol' 0:7TN)� 2020, beforc� nic, the undersigned, a Notary Public in and for said State, personally appeared Clint Hansen known or identiflied to me to be person who signed above and acknowledged tonic that lie execlacd the sarric. IN WI'FNII:SS WHEREOF. I have hereunto set my hand all xed in ivi --alth. a andyear certificatc first atjo�k�uoiar-" Y in this P,honda G01dston k Notary Public Notilry Lblic State of Idaho Residing at: IA_ co missi n 245 My Cominksion Expiro�: STATE OF ID ss: County of Ada On thM I day of 020, before me, the undersigned,a Notary Public in and for said State, personally appeamd.Vincent Blornmer knohqi or identified to nic to be pQrson who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have livreunto set iny hand and affixed my ofDoial seal the day and year in this e r rti icate first above written. Rhanda G01dston Notary PUb1lC Nota Public or state of Idah Regiding at: i 5245 My Comm ion NO. 3 ission Expires: Con-iMis,s STATE OF IDAH County of Ada 011 thij, 10day o rsigne a ary 2020�bef'6re me,the Linde ' d N t Public in and for said State, personally appeared C—L kno no identified it)rr. M`4�/69,-TfLand Solutions, and the person whi)�ilgiwd above and acknowledged to me that lie exectited the saine on�Aalfofsaid Corporation. IN WI I NFISS WHEREOF I have hereunto se(.m)rhand and a i -d in co' cilil seal the da d in this �01 ds�on o e Wrl onda dston b - Pu lic -Tt' P daho S ry 1�','"Oy (), 3 52 cerlificatc first ove wri ot I .—-_�w . _"7ea onda Gol Notary Public t t State of Idaho Residing at: r,C I A-A �-T 4-5 (�-__onmmisqion No, 35245 My Cornmission' Expires: STATE OF I DAI 10 ss CountyofAda On this I 7th day of November , 2020,before ine, a Notary Public,personally appeared Robert E. $inaison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to rne thatsuch City executed the sarrie. IN WITNESS W1 I I MID[`, I havc hereuntoset my hand and affixed my official seal die day and year in this certificate first above written. Notary Public,fpr Idgho . Meridian Idaho Re�dding at. -26-2022 Commission expires: PAGF 9 OF 9 EXHIBIT A Anncxation LegaI Description and Exhibit Map(date 6/26/2020) Logal Description 1625 E. Bentiev Dr. — Annexatio" and Rezone A Paicei lDcalea in the SW 4 pf Section 17 Township 3 North, Range 1 Ea5i So,se Meridian, Ada County, Idahu, anfj more particularly descoted as(0110WIS Commencing at a Brass Cao monwmen;inafiking The norihwest comer of said SW ,/A rium which a Brass Cap ri-Turiument marliung Lhe southwest corner of said SW 1/. beais S D"30'33' W a distance of 2659 46 feet: Thence S 0"30'33' VV alang We westerly boundary of isaid SW V.a distance or 627 57 faet to the POINT OF BEGINNING; -11'hon-�e lepv-ng said viiiefilerly bounciary S 89"67'27"E a distance o(23D-31 fbel,to a paint I J-tc-ni:e N Ci'Jo 4b i-- a oistance ol 14 tz feeir To a Point Or)Itle cimreri[na ol. E Banitay finve Thence along said caoterline a distance of 29.54 feet along the arc of a 100.00 toot radjus nor- tangeril curve left. saia curve having a centra, angle of 16"55'40 and a long chord bearing S 54'51'05 E a distance of 29.44 few to a 518 inch rebjjr marking the inteniia�alon of E. Bentley Cinve.and 8 Truss Place, nie4ice along Me centeri[ne of saia S Truss Place The following descricied courses, Thericia- odisiance of 5f5.07 feet along thp .. arc of 9 125 95 foot radios rion-ranqtW CUrva iaft said curve navirig a central angle of 25'42'39' anti a lang chord bearing S 13'49'4e' VV a distanca of 55 60 feet ti3 a point, Thmca S 0'58'27"W a distance of 197,08 feet to a point Thence legving sai�canjerlinie�N 89'57'26*'W a distance of 27�.73 jee-k to�i PQirit on the weaterly boundary ofsaid SW V.. Tmence eicrig sDia VieSterly boundary N 0'30 S3'' E a almance of 242 95 feet to the POINT OF BEGJNNING. This parcel contains 67,291 square feet(1.55 acres)and is subject to any easemants exmfinq or in Qse Clinton %N Hansen PLS Q, (X S" Land Solutions PC %S ILL* June 25 2020 0 X Wtilp I-r-e 4' 1625 E, Bentley Dr. - H-2020-0078 1625 E. BENTLEY DR. - ANNEXATION AND REZONE EXHIBIT OF &JOW .ARM 5111"2544? N4Y26 1'4 MRVE lx�:j LIMA RADIUS DELIa OCAPINCj CHCAD 9; VAL AwAxvt !T —i 'mov raw ±OULV m4-31wt 2"r (1,55 *Cr IMW n4Z'JS' 2131WWW SUIr elltt 4 sq, IVI V 2611m, $76'sWE 46,0C law bm,lf, NMY45-N, 1pt�z Po=S11MM00 E OMM"FM. LLA ST L 0 Li"dolutions c 40 e Land Surveying and Consuldng OF 0 W.kk .2 IL t,�!,,I I 51f A m 4 jAo,All 1-11 q! 'ttt�=,t KT 1625 E. Bentley Dr. - H-2020-0078 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C��f[EP� AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning,by Clint Hansen,Land Solutions. Case No(s). 2020-0078 For the City Council Hearing Date of: September 8,2020 (Findings on September 22,2020) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of September 8,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 8, 2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 8, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 8, 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 September8,2020,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(1625 E.BENTLEY DRIVE-FILE#2020-0078.) - I - 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 § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 8,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 IA. 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. 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 § 67-652 1, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 8,2020. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(1625 E.BENTLEY DRIVE-FILE#2020-0078.) -2- 22nd September By action of the City Council at its regular meeting held on the day of 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: 9-22-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(1625 E.BENTLEY DRIVE-FILE#2020-0078.) -3- EXH I BIT A STAFF REPORT El� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/8/2020 Legend DATE: 0 ICIP.--j- t Lccu'Fkar- : : TO: Mayor&City Council —WT1 V FFFFF FROM: Alan Tiefenbach,Associate Planner ------ - SRI 208-489-0573 SUBJECT: H-2020-0078 1625 E. Bentley Drive !0-1 LOCATION: The site is located within the southeast quadrant of S. Locust Grove Rd. an�E. Bentley Dr. (north of 1-84)., in the 5W'/4 of Section 17,Township 3 N.,Range 1W. IT-1 I&EH MIN 1. PROJECT DESCRIPTION Annexation&zoning of 1.55 acres of land with Community Business District(C-C)zoning district to allow a 4,800 sf+/-office flex building,by Clint Hansen of Land Solutions. The applicant may eventually build a second commercial building. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.55 Future Land Use Designation Commercial Existing Land Use(s) Single Family/Rural Proposed Land Use(s) Commercial Office Flex Space Lots(#and type;bldg./common) 2 parcels Number of Residential Units(type None(existing house to be removed) of units) Physical Features(waterways, No significant physical features. hazards,flood plain,hillside) Neighborhood meeting date;#of May 26,2020— 14 attendees signed in. attendees: B. Community Metrics Description Details Page Ada County Highway District Staff report(yes/no) No Pagel Description Details Page 0 Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State There is only one point of through access Hwy/Local)(Existing and Proposed) to this property—From S.Locust Grove Rd.to S.Truss PI/E.Bentley Dr. There is presently no eastern through access due to cul-de-sacs and dead end streets. Stub Street/Interconnectivity/Cross Access There is an unnamed stub(ROW in front of the property)that dead-ends just east (but does not connect)to S.Locust Grove Rd.Westbound E.Bentley Dr.connects to S.Locust Grover Rd. Existing Road Network Arterial and Local Streets Existing Arterial Sidewalks Buffers The applicant will be responsible for a 25'wide landscape buffer along S. Locust Grove Rd(sidewalks already exist in this area), 10'buffer and curb,gutter and sidewalk along S.Truss PI.,and a 25' residential buffer along the south property line. Proposed Road Improvements S.Locust Grove Rd.has recently been widened and there is a roundabout planned for the S.Locust Grove Rd. E. Bentley D .intersection. Fire Service—No comments submitted Police Service—No comments submitted Wastewater • Distance to Sewer Services 0 • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer ERU's See Application • WRRF Declining Balance 13.97 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concems * Flow is committed o No proposed changes to Public Sewer Infrastructure has been shown within record.Any changes or modifications to the public sewer infrastructure shall be reviewed and approved by Public Works. Water • Distance to Water Services 0 • Pressure Zone 3 • Estimated Project Water ERU's See application • Water Quality No concerns • Project Consistent with Water N/A Master Plan • Impacts/Concems No changes to public water infrastructu roposed. Page 2 C. Project Area Maps Future Land Use Map Aerial Map i e Leg-end RZ K — -C11- 0" Pl"c�t L-contor. W n 101' ornm WL FV IC Zoning Map Planned Development Map L-- Legend RU R Legend P-c�jeDl Lmo-fion City Limms I FFFFFTI-= P r-r.eA P o-u e-;s R!, RUT R T— L R Ti4 C. 0 RUT PUT C-6 L-0 C-C C-G C.G C-G 1 . -1 i�CM L Mu —6.4 L-Hain FFFMFI rrTm I I I 111. APPLICANT INFORMATION A. Applicant/Owner: Clint Hansen, Land Solutions—231 E. 5th St., Suite A,Meridian, ID 83642 B. Representative: Clint Hansen, Land Solutions—231 E. 5th St., Suite A,Meridian, ID 83642 Page 3 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 7/7/2020 8/21/2020 Radius notification mailed to properties within 300 feet 7/14/2020 8/18/2020 Public hearing notice sign posted 7/24/2020 8/27/2020 on site Nextdoor posting 7/14/2020 8/18/2020 V. STAFF ANALYSIS A. Annexation: The proposed annexation area is contiguous to City annexedproperty 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(ht(gs:llwww.meridianciu.orglcompplan) This property is designated as Commercial on the City's Future Land Use Map (FL UM) contained in the Comprehensive Plan. This designation is to provide afull range of commercial uses to serve area residents and visitors. Desired uses may include retail, restaurants,personal andprofessional services, and office uses, as well as appropriate public and quasi-public uses. The annexation area is near existingpublic services and is adjacent to the city limits. Although the majority of the properties in this area east of S. Locust Grove Road and north ofI-84 are rural residential, the land directly surrounding the subject property is recommendedfor commercial uses. Also, approximately 350feet to the east of the property, the FL UM recommends mixed use neighborhood.Most of the land on the west side of S. Locust Grove Rd. and south ofI- 84 is zoned commercial; directly across S. Locust Grove Rd. there are several large non- residential developments such as the Renaissance High School and the Idaho College of Osteopathic Medicine. The professional officeflex space (for professional services)proposed under this annexation complies with the recommendations of the FL UM and wouldprovide an appropriate transition in intensityfrom a commercial corridor to the existing residential at the north and east. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. 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 HIL.A. The DA is required to be signed by the property owner(s)ldeveloper and returned to the City within 6 months of the Council granting the annexationfor approval by City Council and subsequent recordation. Comprehensive Plan Policies (https:llwww.meridiancity.ocglcompplan): The following Comprehensive Plan Policies are applicable to this development: Focus on developing industries that tend to exceed the living wage, such as technology, healthcare and other similar industries. (2.06.01E) Page 4 This annexation proposes a 4,300 squarefoot buildingfor a land surveying company. This is considered a professional service, which may be a primary employer with higher wages. Work with existing industrial businesses to expand or relocate operations to appropriate areas. (2.08.03C) The business proposed with this annexation is presently located at 213 E. 5th Ave. in Meridian in a shared 3,800 squarefoot building. The existing business leases approximately 1,300 squarefeet of available space. The applicant has stated the size and configuration of the present building does not lend itself to the existing operations and there is no room for expansion. The applicant intends to construct and own a larger building designedfor the operations which would also allow moreflexibility in workspaces. A ccording to the conceptual site plan submitted by the Applicant, the new office building would be constructed on the southern half of the property, to allow the possibility to eventually construct a second commercial building on the northern portion. The Comprehensive Plan supports this type of business in the proposed location. • Encourage infill development. (3.03.01E) The Comprehensive Plan defines infill as "development on vacantparcels, or redevelopment of existingparcels to a higher and better use that is surrounded by developed property within the City ofMeridian." The subjectproperty is surrounded by existing development on all sides, is directly adjacent to a commercial corridor, contains a vacant singlefamily residence and is already connected to city water and sewer. • Focus development and redevelopment intensity on key transportation corridors. (3.07.02C) The proposed officeflex building is proposed adjacent to S. Locust Grove Rd., a key transportation corridor. • Encourage compatible uses and site design to minimize conflicts and maximize use of land. (3.07.00) The surrounding neighborhood consists ofprimarily low density singlefamily residential. The FLUMrecommends the subjectproperty and to the southfor commercial uses, medium density residential to the north and mixed use neighborhood to the east. To the west of the property(across S. Locust Grove Rd.) are higher intensity non-residential uses such as the Renaissance High School and the Idaho College of Osteopathic Medicine. South of the property(south ofl-84) are intensive commercial uses such as drive through restaurants and movie theaters. The proposed officeflex building in this location willprovide an appropriate transitionfrom the residential and mixed use residential uses to the east to the commercial uses to the west and south. "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 S. Locust Grove Rd. and can be extended by the developer with development in accord with UDC 11-3,4-21. Page 5 C. Existing Structures/Site Improvements: There is an existing 2,123 singlefamily residence on the property, constructed in 1972.As the property is proposed to be zoned to C-C, which does not allow singlefamily residential, the existing house should be required to be removed as part of the annexation agreement. Proposed Use Analysis: Office buildings are listed as a principal permitted use (professional services) in the C-C zoning districts in UDC Table 11-2B-1. The applicant's intent is to construct a new 4,800 squarefoot building on the southern portion of the property. However, the applicant has indicated a second commercial building may be built to the north. The property consists of a I acre parcel and a small.2 acre 'strip of land"so it is possible the applicant could do a boundary line adjustment to create an additional buildable lot. At staffs request, the applicant has provided the conceptual layoutfor both buildings. The site plan provided reflects commercial buildings at the north and south perimeters of the property, with parking central to the development. Staff believes the layout as proposed is an efficient design for the property. As the applicant intends this project to build out in two phases, staff has concerns that the undeveloped hatf of the property will remain a "no-man's land"while the other ha�f builds out. Staff recommends that the undevelopedportion of the property be seeded with native seed and maintainedfree of weeds until such a time asJuture development occurs. D. Dimensional Standards(UDC 11-2): The zoning is proposed to be C-C. This requires no street setback but does require a 25' landscape buffer along arterial roads (S. Locust Grove Road) and 10'buffer along S. Truss Pl.A 25'residential landscape buffer is also required at the south of the property, adjacent to the neighboring existing singlefamily residence. Building height is limited to 50'. E. Specific Use Standards (UDC 11-4-3): There are specific requirements regardingflex space. This includes roll-up doors not being visiblefrom a public street and loading docks being prohibited. The conceptual elevations show the roll up doors on the north side of the building(awayfrom S. Locust Grove Road),parking oriented toward the center of the buildings, and no loading docks. If a second building is constructed as proposed, this will also help minimize the view of the garage doorsfrom public street view. F. Access(LI-3A-3): Access to this property will occurfrom two points off of S. Truss Pl. S. Truss Pl. connects to E. Bentley Dr. and out to S. Locust Grove Rd(an arterial). The applicant has stated A CHD will require them to add curb, gutter and sidewalk along S. Truss Pl. to the south extent of their property. There is an existing stub offE. Bentley Dr. north of the subject property, which terminates in a dead end east of S. Locust Grove Rd. The applicant does notpropose accessfrom this street and A CHD is not requiring improvements to this road. G. Parking(UDCL1-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6for commercial districts based on one space per 500feet ofgrossfloor area. Witha Page 6 proposed building size of 4,835 squarefeet, 10 parking spaces would be required. The conceptual site plan indicates l7parking spacesfor thefirst building, and the same amount of parking spacesfor a conceptual second building. The parking requirements are satisfied, but staff notes thefinal number willprobably be less because UDC 11-3B-8 requires an internalplanter island of at least 50 squarefeetfor every row of more than 12 parking spaces. H. Sidewalks(UDC LI-3A-1 7): Sidewalks already exist along S. Locust Grove Rd. The Applicant is required to add curb, gutter and sidewalk along S. Truss Pl. to the south extent of their property line. 1. Parkways(UDC LI-3A-1 7): No Parkways are proposed with this development. J. Landscaping (UDC 11-3B): The applicant will be required to install a 25'wide buffer along S. Locust Grove RD. as is requiredfor arterial streets, a 10'landscape buffer along S. Truss Pl. and E. Bentley Dr. as is requiredfor local streets, and a 25'wide landscape at the south of the property as is requiredfor anyparcel sharing a contiguous lot line with a residential land useper UDC 11-2B. Parking lot landscaping, including 5'buffers adjacent to parking, loading and other vehicular use areas, including the possibility ofplanter islands, will also be requiredper UDC 11-3B. As mentioned, the applicant's plans reflect the desire to construct thefirst commercial building as phase one, and eventually construct a second building on the other ha�f of the property.As mentioned above, staff is recommending the undeveloped portion of the property be seeded with native seed and maintainedfree of weeds until such a time asJuture development occurs. K. Tree preservation(I 1-3B-10) There are several existing trees on site.At time of CZC submittal, the applicant will be required to work with the City Arborist if removal is proposed.A mitigation plan may be required which would be required to indicate the total number and caliper inches of trees proposedfor removal and the total number of replacement trees proposed. L. Waterways (UDC LI-3A-6): There are no significant waterways on the property. M. Fencing(UDC 11-3A-6, 11-3A-7): The concept plans do not indicate anyfencing.Allfencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7. N. Utilities(UDC LI-3A-21): Public services are available to accommodate the proposed development. The sub ect property is j already connected to City water and sewer which was installed with recent expansions to S. Locust Grove Road. 0. Building Elevations(UDC 11-3A-19 I Architectural Standards Manua�: The Applicant has submitted sample elevations of theproposed officeflex buildingfor thisproject (see Section VII). Page 7 The conceptual elevations show a one-story office building comprised of metal andfiber cement siding, with a sloping roof.As is required by UDC 11-4-3-18forflex space, the roll-up doors are faced to the north, awayfrom public streets.At time of CZC and DES submittal, complete architectural elevations with materials called out will be required and the architecture will be reviewed against the Architectural Standards Manual(ASM). It does appear that the conceptual elevations might not meet the standards of the ASM in regard to buildings with rooflines 50-feet in length incorporating roofline andparapet variations. Also, the Applicant should be aware that untextured concretepanels and prefabricated steelpanels areprohibited asfield materialsfor buildingfaqades, except when used with a minimum of two other qualifyingfield materials and meeting all other standardJenestration and material requirements. The applicant site and building design is required to comply with the design standards in the UDC and the ASM. VI. DECISION A. Staff- Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement with the conditions noted in Section VIII per the Findings in Section Ix. B. The Meridian Planning&Zoning Commission heard this item on August 6,2020. At the public hearing,the Commission voted to recommend approval of the subject annexation request. I. Summa1y of Commission Public Hearing a. In favor: Clint Hansen,Land Solutions b. In opposition:None c. Commenting: Clint Hansen,Land Solutions d. Written testimony: Robert and Lindeen Neufeld and Jeannette Tanner e. Staff presenting gpplication: Alan Tiefenbach f. Other Staff commenting on gpplication:None 2. Key issue(s)of public testimgM. a. None 3. Key issue(s)of discussion by Commission a. Commissioners discussed an earlier site plan in the case file versus the newer one included in the staff report. Staff responded that the previous site plan did not show a second building. As staff was writing the staff report,the qpplicant had mentioned they intended to reconfigure a second lot and construct a second commercial building. Staff and the gpplicant worked together to arrive at a revised site plan that demonstrated this. b. The Commission asked whether the elevations submitted with the staff report would also change. The gpplicant responded that they probably would. Staff added the elevations submitted probably would not meet the requirements of the Architectural Standards Manual (ASM)but staff would work with the gpplicant on this during the Certificate of Zoning Compliance(CZC). c. Commission discussed hours of operation and whether there would be exterior lighting that would iLnpact the adjacent residences.Applicant responded the hours would be normal Page 8 office hours between 8AM and 5PM, and aLiy exterior lighting would be downcast and shielded as required by the regulations. 4. Outstanding issue(s) for Council. a. None C. The Meridian Cijy Council heard this item on September 8,2020.At the public hearing,the Council moved to gpprove the subject annexation and ggaim I. Summary of the Cijy Council public heqdW a. In favor: Clint Hansen,Land Solutions b. In opposition: None C. Commenting: None d. Written testimony: Robert and Lindeen Neufeld, Jeannette Tanner, Glenna Newby, Barbara Valdez,Jgymi Hugo, Glenna Newb Staff presenting gpplication: Alan Tiefenbach f. Other Staff commenting on Uplication:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Cijy Council: a. Whether or not the E. Bentley"stub street"should be vacated. b. Height of buildiM C. Traffic d. Limiting uses to office only 4. Cijy Council change(s)to Commission recommendation: a. Add restriction to the development agreement that allows only office uses for both buildings, Page 9 VII. EXHIBITS A. Annexation Legal Description and Exhibit Map(date 6/26/2020) Legal Description 1625 E. Benfley Dr. — Annexation and Rezone A pefLel liauatad in the SVV 1/4 of Section 17. Tuvenship 3 North, Ran-ge I Easi.. Boise Ma-ridian. Ada Gounty, Idalho, and more particularly descrizied as follows- Commencing at a firai;s Cap moriumenii marking Me northwest ciarnier DI Faid SWI/4- firom whi�ch a Brass Gap manument marking the southwest corner of said SW M. bears 3 D"WBT W a distance o!'I-65S.46 feet,. Themee S VW33' VV along We westerly baiundary ff said 5VV Xta distance of 627.57 feP1 to the PGINT OF BEGINNING; Thenoe leaving said wesTerly �owdary S 89'57'27' r= a distarice of 239-31 f6et to a 00imL. I henoe N 4-,3-3Ej'4b'- E a distance&�54,,,36 feet ta a point on ine centeriine of E BantleyDnVa: Them* along said centerline a distance of 29.541 feet along the arc of a 100.00 foot radius non- tangen! curve Jeft, saia curve having a central angill.e. of W55'40' -and ai larig (,,hord bea1mg S 54'51'05� E a distance of 29.44 feet to a 518 inch rebar marklrig th-a Intersection of E, Bentley Drive anij S. Truss Place' Thetice along Vie centerline of 5aW 6 Tru5s PlacF.,the foll-ewrig deaurlded Cou(ses. Thence Pi distance of 56.07 feel along th@ arc oi-a 125 PS foot radius irien-tairigor[t curve left.said curve having @ -central angle of 25'42'39' @nU a lQnq rbord bearing S 13'49,46' Wa diistanGe of 55 60 feet to a pi3i nt-. Th ence S 0'58'27"W @ di sta rice of 197.06 feet to 2 poi n i: T hen ce jeav ing saud oenterline N EW'57'26"W-a distance of 272 33 feet to a polri t i�m the westarly bour)dwy of said SW%, Trieri�-e along saio we-sierly ticuridery N 0�30'33" E a distance of 24-2 95 feet to tfie POIWr OF BEGINNING. This parral c-ontaiini 67,291 square feet (1.55 acres)-and Is subject to anV easernant5 existIM9 or in kise Clinton VV- Hansen, IRLS �6 L -A.Pjo Laricii SciLiti-nns. PC June 26, 2020 0 LL 7_ 7- 14- kA Page 10 1625 E. BENTLEY DR, - ANNEXATION AND REZONE EXHIBIT 1/4 IMLAITU POINT DF SUR-717"E 239.31, C4 CURY� UM "'OE f M14TH WO�I�MLTA EEARINC MORD 19 c� -MTAL AREA * E74'91 SF (1,55 ACRES) E2 mor 124-W 2 c� 4&w 1141 W 2MV M'39111 46JM' Ts 7 PARM SIMM5700 �kg E QVIRM FID. il 7 1 L LA 5 T q6 U, ar-�-i L ld iolutions Surveying and ConsuJfing G- 40 80' 160' OF t"ST..STE A W. mEac%AN,ID ON4 12m,288-200 lw Page I I B. Proposed Concept Site Plan(du1c: 7/30/2020) 14 POINT OF BEGINNING 25 BLOCK I CD LAND SOLUTIONS 7 IJH cy- LE Page 12 C. Proposed Elevations(date: 6/26/2020) L--j LIL---, Ll I 7�411`�Z' -77 —r—=7� FMH-� EVAIKDN R-EVATION 30 V-2 AN-= VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION I. 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. Uses on the property shall be limited to office uses only. b. Future development of this site shall be generally consistent with the conceptual site plan and conceptual building elevations included in Section V11 and the provisions contained herein. c. The existing house shall be removed prior to certificate of occupancy. d. The undeveloped portion of the property shall be seeded with native seed and maintained free of weeds until such a time as future development occurs on that portion. e. The applicant will submit a tree mitigation plan at time of Certificate of Zoning Compliance(CZC). 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 13 f, There shall not be direct access to N. Locust Grove Rd. B. PUBLIC WORKS I. No proposed changes to public sewer infrastructure has been shown within record.Any changes or modifications to the public sewer infrastructure shall be reviewed and approved by Public Works. 2. There are two existing water stubs at the northern boundary that either need to be used or abandoned per Meridian Public Works Standards. C. ACHD https:llweblink.meridianciU.orgl_WebLinkIDocView.aspx?id=192567&dbid=O&rgpo=MeridianC Lty D. ADA COUNTY DEVELOPMENT SERVICES ht�2s://weblink.meridiancity.org/WebLink/DocView.aspx?id=l 92349&dbid=O&repo=MeridianCi iy 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; Councilfinds annexation of the subject site with a C-C zoning designation is consistent with the Comprehensive Plan Commercial FL UM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Councilfinds the proposed officeflex building will be consistent with the purpose statement of the commercial districts in that it will support the purpose ofprovidingfor the service needs of the community, in accordance with the Meridian Comprehensive Plan 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Councilfinds that the proposed annexation and zoning should not be detrimental to the public health, safety, or welfare. Commission recommends the Council consider any oral or written testimony that may be provided when determining thisfinding. 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 Councilfinds that the proposed annexation and zoning will not result in any adverse impact upon the delivery ofservices by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city Councilfinds the proposed annexation is in the best interest of the City. Page 14 Item#20. E IDIA AHO AGENDA ITEM ITEM TOPIC: Irrigation Crossing Agreement with the Bureau of Reclamation at the Jamison Lateral For The Ada County Highway District-Amity/Ten Mile Water Main Extension Project Fage 345 Item#20. Mayor Robert E. Simison City Council Members: E IDIA Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault L) !A H U Luke Cavener Liz Strader TO: MAYOR ROBERT SIMISON MEMBERS OF THE CITY COUNCIL FROM: BRENTBLAKE DATE: SEPTEMBER 1,2020 SUBJECT: IRRIGATION CROSSING AGREEMENT WITH BUREAU OF RECLAMATION AT THE JAMISON LATERAL FOR THE ACHD- AMITY/TENMILE WATER MAIN EXTENSION PROJECT REQUESTED COUNCIL DATE: November 10, 2020 1. RECOMMENDED ACTION A. Move to: 1. Approve the crossing agreement with the Bureau of Reclamation. 2. Authorize the Mayor to sign the agreement. 11. DEPARTMENT CONTACT PERSONS Brent Blake, Project Manager 489-0340 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 111. DESCRIPTION A. Background In conjunction with the Ada County Highway District (ACHD) Ten Mile/Amity Intersection project the City of Meridian plans to install a new 12-inch water main along Amity Road in order to enable continued growth in south Meridian. Overall, the project encompasses approximately 1250 lineal feet of 12-inch water main that crosses one irrigation facility owned by the Bureau of Reclamation and operated by Boise Project Board of Control. Therefore,a fully executed agreement between the City of Meridian and the Bureau of Reclamation is needed prior to initiating construction. Public Works Department m 33 E. Broadway Avenue,Suite 200,Meridian, ID 83642 Phone 208-8q8-c;c;oo - Fax 208-8q8-qE;1;3. m www.meridiancitv.orci IV. IMPACT A. Strategic Impact: The agreement will allow the City to construct and maintain the above described water main and to provide necessary water infrastructure to future customers without having to disrupt traffic. Extension of the water main is in direct alignment with the Public Works mission to anticipate, plan, and provide exemplary public services and facilities that support the needs of a growing community. B. Fiscal Impact: No Costs (FY2021) V. ALTERNATIVES A. The Council could decide to not approve the agreement contract which would result in the suspension of the project. Suspension of the project will result in higher construction costs later because the City will not be able to participate in a Co-op (Cost Share) agreement with the ACHD. Construction of the project without an ACHD agreement would also result in additional disruptions for the traveling public. VI. TIME CONSTRAINTS Time is of the essence with regard to Council's approval of this agreement because construction of the water main crossing the irrigation facility must be complete prior to March 15, 202 1. VII. LIST OF ATTACHMENTS A. Agreement dolctunen with ex 'bits. Approved for Council Agenda: AIA /7.0 Daie Public Works Department - 33 E. Broadway Avenue,Suite 200,Meridian,ID 83642 Phone 208-8q8-rroo a FaX 208-8q8-qrri . www.meridiancitv.orq RETURN TO: Contract No.20-07-11-L53 16 Bureau of Reclamation Attn:MSF 6125 230 Collins Road Boise,ID 83702 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Arrowrock Division,Boise Project,Idaho CONSENT TO USE THIS CONSENT TO USE, hereinafter referred to as Consent, made the 17th day of November 5 2020,pursuant to the Act of Congress June 17, 1902(32 Stat. 388;43 U.S.C. §391), and acts amendatory thereof or supplementary thereto, collectively referred to as the Federal Reclamation Laws, specifically, Section 10 of the Reclamation Project Act of 1939 (53 Stat. 1196),between the UNITED STATES OF AMERICA, hereinafter called the United States, by and through the Bureau of Reclamation, Department of the Interior, hereinafter referred to as Reclamation, and CITY OF MERIEDIAN, hereinafter referred to as Consentee. WITNESSETH, THAT: WHEREAS, in connection with the Arrowrock Division,Boise Project,Idaho,the United States,pursuant to Federal Reclamation Laws, constructed, operates,and maintains certain irrigation works hereinafter referred to as the Jemison Lateral; and WHEREAS, said Jemison Lateral, is operated and maintained by the Boise Project Board of Control,hereinafter referred to as the Board,under a repayment contract with the United States; and WHEREAS,the Consentee desires the United States to give consent to construct,install, operate and maintain a sleeved 16 inch water main line under and across said Jemison Lateral; and WHEREAS,the proposed use has been reviewed and determined to be compatible with project purposes. NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter stated,the parties hereto do mutually agree as follows: I CONSENT AND LEGAL Subject to the terms and conditions of this Consent,the United States does hereby consent to the Consentee, or its agents,to construct, install, operate and maintain a 16 inch water main line in a 20 inch by 20 linear feet steel sleeve, a minimum of 3 feet, under and across, said Jemison Lateral. Located on Amity Road,west of the intersection of Amity Road and Ten Mile Road, in a portion of the SE1/4SE1/4 of Section 27 and the NEI/4NEI/4 of Section 34, Township 3 North,Range 1 West, of the Boise Meridian, CTU:20-07-11-1,5316,City of Meridian Page I of 9 situated in Ada County,Idaho, and shall be installed in the manner and at the location shown on the attached Exhibits A, B, C,D, and E,by this reference made a part hereof. 2. SUBJECT TO FEE OWNER APPROVAL Unless the Consentee is the underlying fee owner,this Consent is subject to Consentee securing approval of the underlying fee owner to cross or use the identified portion of Reclamation's right of way. By executing this document the Consentee acknowledges this notice and assumes all liability, if any, in this regard. 3. FEES The Consentee has provided an application to obtain this Consent in conforinance with Title 43 of the Code of Federal Regulations,Part 429 and a payment of$100.00 for the application fee and$722.00 for administrative fees is hereby acknowledged. 4. TERM The term of this Consent is to be perpetual from the date of this document, subject to the ternis and conditions herein. 5. SPECIAL STIPULATIONS Consentee agrees that the construction, installation, operation and maintenance(O&M) shall be conducted as follows: a. The Consentee shall notify the Board at least seven(7)days prior to beginning construction work. b. Consentee's structures shall be constructed, operated and maintained by the Consentee without cost to the United States or its assigns, and in such a manner as to cause no interference with the normal operation of project facilities. All construction,reconstruction and maintenance work performed by the Consentee upon the premises of the United States shall be undertaken only at times, according to plans, and in a manner satisfactory to the authorized official. C. All backfill placed in the facility or its embankments shall be placed and compacted to the satisfaction of the authorized official. The facility and appurtenant structures shall be restored by the Consentee to a condition at least as good as before the work was accomplished. d. All work must be performed during the non-iffigation season in which work commences (November I through March 15). e. This Consent is limited to construct, install, operate and maintain a 16 inch water main line in a 20 inch by 20 linear feet steel sleeve, a minimum of 3 feet, under and across, said Jemison Lateral. Located on Amity Road,west of the intersection of Amity Road and Ten Mile Road, in a portion of the SE1/4SE1/4of Section 27 and the NE1/4NE 1/4of Section 34, Township 3 North,Range I West, of the Boise Meridian, situated in Ada County,Idaho, In accordance with Idaho Code section 42-1102, et seq, additional encroachments onto the right of way by public or private roads, utilities,fences, gates,pipelines, structures, or other construction or placement of objects, need specific written permission from the United States or its CTU:20-07-1 1-L5316,City of Meridian Page 2 of 9 successor or assign. Encroachments of any kind placed in such right of way without express written permission shall be removed at the expense of the person or entity causing or permitting such encroachment upon the request of the owner of the right of way. f. Any alteration in design of the facilities to be constructed, or any alteration, modification, or reconstruction of facilities, once the original work is accepted by Reclamation,its successors or assigns, must be approved in writing prior to commencing any work on facilities in the area subject to this Consent. g. The Consentee acknowledges and agrees that this Consent is not and shall not be interpreted as, the approval or authorization of any other use,encroachment or activity upon Project facilities or land except as expressly stated herein. In addition,the Consent shall not in any way be construed as approval or consent to Consentee's construction,installation, or modification of any facilities, which would permit, allow or enable discharge of storm water run-off into the facilities or works of the United States or the Board/District. Notwithstanding anything to the contrary contained in this Consent, neither the United States nor the Board/District approves, authorizes,permits, allows, or accepts any non-agricultural stormwater discharge into any facility owned, operated, and/or maintained by the United States or the Board/District, whether it be through a pipe, conduit, culvert,canal,lateral, drain or other ditch, or surface or ground water, absent the United States'prior written permission and Board's/District's concurrence per Reclamation regulations and policy. Consentee acknowledges that the authorized works identified in this Consent does not permit nor allow any nonagricultural water discharge to enter the facility. 6. UNRESTRICTED ACCESS The United States officers, agents, and employees shall at all times have unrestricted access and ingress to,passage over, and egress from all of said lands,to make investigations of all kinds,dig test pits and drill test holes, to survey for and construct reclamation and irrigation works and other structures incident to Federal Reclamation Projects, or for any purpose whatsoever. Reclamation will make every reasonable effort to keep damages to a minimum. 7. HOLD HARMLESS The Consentee agrees to indemnify the United States for, and hold the United States and all of its representatives harmless from, all damages resulting from suits, actions, or claims of any character brought on account of any injury to any person or property arising out of any act, omission, neglect, or misconduct in the manner or method of performing any construction, care, operation, maintenance, supervision,examination, inspection, or other activities of the Consentee. 8. PROTECTION OF UNITED STATES INTERESTS The Consentee shall construct, operate, and maintain its structures in a good workmanlike manner,as determined by Reclamation,to ensure that the authorized uses are compatible with the Reclamation purposes for which the land rights were acquired, and to protect the interests of the United States. The Consentee shall insure compliance with all laws, regulations, and orders of the United States, and any other public authority affecting such works. CTU:20-07-11-L5316,City of Meridian Page 3 of 9 9. TERMINATION This Consent,a use authorization,will terminate and all rights of the Consentee hereunder will cease, and the Consentee will quietly deliver to the United States possession of the premises in like condition as when taken,reasonable wear and damage by the elements excepted: a. At the end of the term of this Consent. b. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent if Consentee fails to comply with any of the terms and conditions hereof, or upon mutual agreement of all parties. C. The United States, acting through Reclamation,Department of the Interior, reserves rights to construct, operate, and maintain public works now or hereafter authorized by the Congress without liability for termination of the use authorization or other damage to the Consentee's activities or facilities.. d. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent in the event of a natural disaster, a national emergency, a need arising from security requirements, or an immediate and overriding threat to public health and safety. e. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent,for activities other than existing authorized private exclusive recreational or residential use as defined under 43 CFR§429.2 if Reclamation determines that any of the following apply: i. The use has become incompatible with authorized project purposes,project operations,safety, and security; ii. A higher public use is identified through a public process described at 43 CFR§429.32(a)(t); or iii. Termination is necessary for operational needs of the project. f. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent if Reclamation determines that the Consentee has failed to use the use authorization for its intended purpose. Further,failure to construct within the timeframe specified in the terms of the use authorization may constitute a presumption of abandonment of the requested use and cause termination of the use authorization. 9. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent if the Consentee fails to comply with all applicable Federal, State, and local laws, regulations, ordinances, or terms and conditions of any use authorization, or to obtain any required permits or authorizations. 10. NOTICES a. Notices served under this Consent shall be in writing and may be delivered by personal delivery; via recognized delivery services such as United Parcel Services (UPS) or Federal Express (FedEx); or by deposit in the United States Mail, postage prepaid, as certified mail, return receipt requested, and addressed as follows: CTU:20-07-1 1-L5316,City of Meridian Page 4 of 9 UNITED STATES CONSENTEE BOARD Deputy Area Manager Mayor Manager Bureau of Reclamation City of Meridian Boise Project Board of Control 230 Collins Road 33 E. Broadway Ave. 2465 Overland Road Boise,ID 83702 Meridian,ID 83642 Boise,ID 83705 (208) 383-2200 (208) 376-7330 (208)344-1141 b. Any notice delivered by personal delivery shall be deemed received by the addressee upon actual delivery. Any notice delivered by certified mail or delivery service shall be deemed received by the addressed on the third business day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this paragraph. This paragraph shall apply where notice is required under this Consent,and no specific requirements are set forth. Where this Consent provides for a specific notice in a different manner,the more specific requirements shall prevail. C. The parties hereby designate the Deputy Area Manager of the Snake River Area Office, Bureau of Reclamation;Manager of the Boise Project Board of Control;and the Mayor of the City of Meridian, as their respective authorized representative for this Consent. These individuals shall have authority to take any action allowed or required under this Consent, on behalf of their employer. The parties may change their designated representatives at any time by giving notice of such change in accordance with this Article. 11. INCREASED COSTS If the construction, operation, or maintenance of any or all of such structures and facilities of the United States across, over, under, or upon said right of way should be made more expensive by reason of the existence of improvements or works of Consentee thereon, such additional expense is to be estimated by the Reclamation, whose estimate is to be final and binding upon the parties hereto. Consentee will make payment thereof to the United States or any of its successors or assigns within(30)days after demand is made upon Consentee for payment of any such sums. As an alternative to payment, Consentee, at its sole cost and expense and within the time limits established by the United States, may remove or adapt its facilities constructed and operated by it on said right of way to accommodate the aforementioned structures and facilities of the United States. Consentee shall bear any costs incurred by the United States occasioned by the failure of Consentee to remove or adapt its facilities within the time limits specified. 12. REMOVAL OF STRUCTURES Upon expiration, termination, or revocation of the Consent, the Consentee shall remove all structures, equipment, or other improvements made by it from the premises at no cost to the United States. Upon failure to remove any such improvements within sixty(60)days of expiration,termination,or revocation, any remaining improvements shall, at the option of the United States,be removed or become the property of the United States. The Consentee shall pay all the expenses of the United States, or its assigns or successors, related to removal of such improvements. 13. DISCOVERY OF CULTURAL RESOURCES The Consentee shall immediately provide an oral notification to Reclamation of the discovery of any and all antiquities or other objects of archaeological, cultural, historic, or scientific interest. The Consentee shall follow up with a written report of their finding(s)to Reclamation within forty-eight(48)hours, Objects under consideration include, but are not limited to, historic or prehistoric ruins, human remains, CTU:20-07-1 I-L5316,City of Meridian Page 5 of 9 funerary objects,and artifacts discovered as a result of activities under this authorization. The Consentee shall immediately cease the activity in the area of the discovery, make a reasonable effort to protect such discovery, and wait for written approval from Reclamation before resuming the activity. Protective and mitigative measures specified by Reclamation shall be the responsibility of the Consentee. 14. HAZARDOUS MATERIALS a. The Consentee may not allow contamination or pollution of Federal lands,waters,or facilities. The Consentee has the responsibility for care,operation, and maintenance by its employees or agents and shall take reasonable precautions to prevent such contamination or pollution by third parties. Substances causing contamination or pollution shall include,but are not limited to,hazardous materials, thermal pollution,refuse, garbage,sewage effluent,industrial waste,petroleum products,mine tailings,mineral salts,misused pesticides, pesticide containers, or any other pollutants. b. The Consentee shall comply with all applicable Federal,State, and local laws an reaulations, and Reclamation policies and directives*and standards, existing or hereafter enacted or promulgated, concerning any hazardous materiall that will be used, produced, transported, stored, or disposed of, on or, in Federal lands, waters, or facilities. C. "Hazardous'material" means any substance, pollutant, or contaminant listed as hazardous under the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended,42 U.S.C. § 96015 g"se ., and the regulations promulgated pursuant to that Act. d. Upon discovery of any event which may or does result in contamination or pollution of Federal lands, waters, or facilities, the Consentee shall initiate any necessary emergency measures to protect health, safety, and the environment and shall report such discovery with full details of the actions taken to Reclamation. Reporting may be within a reasonable time period. A reasonable time period means: within twenty-four(24) hours of the time of discovery if it is an emergency, or by the first working day if it is a non- emergency. An emergency is any situation that requires immediate action to reduce or avoid endangering public health and safety or the environment. e. Violation of any of the provisions of this Article, as determined by Reclamation, may constitute grounds for termination of this Consent. Such violations require immediate corrective action by the Consentee and shall make the Consentee liable for the cost of full and complete remediation and/or restoration of any Federal resources or facilities that are adversely affected as a result of the violation. f. The Consentee agrees to include the provisions contained in paragraphs(a)through(e)of this Article in any subcontract or third-party contract it may enter into pursuant to this Consent. 9. Reclamation agrees to provide information necessary for the Consentee using reasonable diligence,to comply with the provisions of this Article. 15. THIRD PARTY RIGHTS This Consent is granted subject to all rights previously acquired by third parties, CTU:20-07-1 I-L5316,City of Meridian Page 6 of 9 16. SEVERABILITY Each provision of this Consent shall be interpreted in such a manner as to be valid under applicable law, but if any provision of this Consent shall be deemed or determined by competent authority to be invalid or prohibited hereunder, such provision shall be ineffective and void only to the extent of such invalidity or prohibition, but shall not be deemed ineffective or invalid as to the remainder of such provision or any other remaining provisions, or of this Consent as a whole. 17. BINDING The provisions of this Consent shall apply to, and bind, the successors and assigns of the parties hereto, but no assignment or transfer of this Consent or any part or interest therein shall be valid until approved by Reclamation. 18. OFFICIALS NOT TO BENEFIT No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise thereupon. IN WITNESS WHEREOF,the parties hereto have executed this Consent the day and year first above written. CONSENTEE UNITED STATES OF AMERICA B By .� Brya R. ors urg Title rtu V,u Deputy Area Manager Bureau of Reclamation 230 Collins Road Boise, ID 83702-4520 This Consent has been considered and is hereby approved by the Boise Project Board of Control the day of�&6u:57 , 2020 By 'adx�&. Robert Carter, anager CTU:20-07-11-L5316,City of Meridian Page 7 of 9 ACKNOWLEDGEMENT STATE OF IDAHO ) ) ss County of Ada ) On the day of , 2020, personally appeared before me, the undersigned notary , Robert Carter , known to me to be the official of the Boise Project Board of Control who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act4 and deed of said Board, for the uses and purposes therein mentioned , and on oath stated that he was authorized to execute said instrument . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written . GARD•f*•••• �y4106 • . • 6 •0 .,• Notary lic in and for the 44.•' D,�ARY , y. State of Idaho 1 _ Residing at , q _ � • ; -� lG My commission expires 3- tZ 7wzj • r PUBti � . . . �•'••.`� TES OF •�9••°• ACKNOWLEDGEMENT STATE OF IDAHO ) ) ss County of NcNrx On the � ' 1 ' '. 'day of 0VOM16Pam' , 2020 , personally appeared before me "Vk0L30Xk F • ;k rdL�,o 0 , known to me to be the official of the City of Meridian, who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City of Meridian , for the uses and purposes therein mentioned , and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written . J , 1 1MY CHARLENE WAYNotary Public in and for the�OMMISSION #67390 State of �1QNOTARY PUBLIC N STATE OF IDAHO Residing at Mexr 4 C cLn COMMISSION EXPIRES 3/28/22 My commission expires �6 22 " Z ( QT i CTU: 20-07- 11 -L5316 , City of Meridian Page 8 of 9 1 ACKNOWLEDGEMENT STATE OF IDAHO ) )ss County of Ada ) On the 7-1 h day of Id lit/�/j.Q�~ , 2020, personally appeared before me Bryan R. Horsburgh , to me known to be the official of the United States of America that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. LINDA HAMMOND Notary Public in and for the PUBLIC-STATE OF IDAHO State of Idaho COMMISSION NUMBER 20181195 Residing at �t�lA.? LNOTARY Y COMMISSION EXPIRES 6-29-2024 My commission expires CTU:20-07-11-L5316,City of Meridian Page 9 of 9 Exhibit A 08 0 CITY OF MERIDIAN City of Meridian S L E G E N D APPROVED FOR CONSTRUCTION (See Standards For Specifics) UTILITY IMPROVEMENTS ...... I., D.— "INN"nN.—0 NN,'q�18) Th--I'll New Potable!OW"OtWer Main TO BE CONSTRUCTED IN CONJUNCTION WITH THE ft..(1101 INN.—N, No -d- SS NN-111.4 W I.— NNNN, New S—itary Sewer Main 2 ADA COUNTY HIGHWAY DISTRICT i��Z,1'4*4;� im%4 iC.L. of Roadway Existing Edge of Pavement or Gravel TEN MILE ROAD AND AMITY ROAD Existing Drain or Irrigation Pipe m z Existing Ditch or Flow line ACHD PROJECT NO . 308004 0 On Existing Property Line Existing Fence and Gate CITY PROJECT NO . 10987 APPROVED FOR X FOR ON Existing Utility Line With Initial �QNSTRUG[ION C4.—.P....—W., pteal—o....... .......... Existing Concrete Sidewalk ......clny 6w-..U. —V......Wy No.-Q" It" !. Pph—i. Existing Curb,Gutter,and Sidewalk 7= .,i".-NN,qPo,,N,NW'1.,.1 d,'zo.., F.-FFF= osu—ut appiuvai�, oi .y Existing and New Water Valve :,.,y -,qju No ...... T ft E isting and New Water Meter iN;.Iy.-N NN, .INN.N.—d.dVP..... P.W—Hy x do,e......, .long Uy LIN.11ky.—y No a....p,.n. z Fire Hydrant "lus,�1-11lial,No N, i.."o.."�Aiy Light Pole 10 Utility Pole With Anchor INd"16 sobnen Sign @ Existing and New Manholes 7 Existing and New Catch Basin s Deciduous And Evergreen Tree 00 ; 3; 00 Deciduous And Evergreen Bushes SHEET INDEX z 5m,1 0 VICT, FIX Existing Building VICTORY RD Pill z'm m vig, 1. TITLE SHEET m >-4 4 .2- 2. CONSTRUCTION NOTES Dig WNW Asphalt Repair 3-5. UTILITY IMPROVEMENTS > Revision Note PROJECI' Gravel Repair Concrete Repair SITE IM z Lawn Sod Repair iL) r) AMITY RD N.T.S NOTES: 1. REFER To ACHD PROJECT #308004 PLANS AND SPECIFICATIONS FOR 0 m PROPOSED ROADWAY IMPROVEMENTS AND PROJECT HORIZONTAL AND U) lu m VERTICAL CONTROL. INNNNNN 2, COORDINATE ALL WORK RELATED TO CITY OF MERIDIAN UTILITY z J IMPROVEMENTS WITH ROADWAY IMPROVEMENTS. z Uj CITY W 3. INFORMATON SHOWN ON THIS PLAN SET IS ACCURATE ONLY FOR OF MERIDIAN UTILITY IMPROVEMENTS. (:�VEPUDIAM-- z z Z 0 W 0: Public \-Iz� J Works Department ININNN IL L6 a 2 D"g.&C-W.0-UPPWI--W 3PNNCffl-AkNN`NNN LAKE HAZEL RD 0 4 — [roil] >NN 0 >- man a L =:IV 9 aj Nhrm. a a 4,r z I ken All all 111A m j INNNNN, Fall: J DATE: MAY 2020 DRAWING:SHMI.DWG Know whars below. JOB NO:2001 2 Call before you dig. SHE Exhil rdyc' Exhibit B CITY OF MERIDIAN STANDARD NOTES: GENERAL CONSTRUCTIO 1 All reduction ark shall be done in accordance wth the current version of the Idaho Standards for Public Works Construction(It the City of Mendifian Supplemental Specifications to the ISPWC(and any addendums),Meridian Design Standards, 1 MAX M? MAX thecr'equirements ofthe Ada County Highway Distinct(ACHD)anchor the requirements ofthe Idaho Transportation Department(ITD)The mom stringent of any of these standards shall be the controlling standards or speciffications, FROM EACH'END 4.5'MAX (TYP.) 2 The Contractor shall haw a copy of the latest City of Meridian Standard Specifications and Drawings on site or readily accessible at ail times during construction(available an the welasite)Failure to ham access to a current copy of the Standard Specifications on site could be grounds for a stop ark order umJI the situation is resolved. A CH E ID 'Y 4 3. The Contractor shall have plans stamped'Approved for Construction'thythe City offlendian onsite at all times 2 a 8 a sp 4. AllContractors.Subcontractors and UtilAyCordractorssmailadmind a pre-consdruction conference prionto startofwork. 5, Contractors shall notify the appropriate agency when materials am on site or inspection of the ark is required.No ark may begin on any project without Twenty Four(24)hour pror notice. WATER n*GHT HIT 6. Contractor shall notify the Public Works Inspector 48 hours imor to the required testing,The Contractor may not open or close water valves. END SEAL CARRIER*PIPEFIUSED JOINIT Ng 7 All matenal furrished on.or for the project must meet the minimum requirements of the approving agencies.At the request of the approving agency or the Design Engineer,Contractors shall furnish proof that all materials installed on this project meet the CASING PIPE specification requirements set forth in General Construction Note No 1 PLASTIC SKID 8. Work subject to approval by any govemmental agency must be approved prior to(A)backfilling trenches for pipe;(B)placing of aggregate base;C)Placing ofmirucrese,(0)cal of asphalt parving. on Z WATER MAIN CASING DETAIL 9 9. Inspection,approval and final acceptance of all water and sewer construction shall be by the Public Works Department,and,their decision shall be final.Such inspections shall not relieve the contractor from lbe responsibility of performing the ark in an T acceptable manner in accordance with the DEQ1QUPE approved construction plans. N.T.S. 10,Any deviation from the approved plans and specifications must haw the appircable agency approval in writing prior to construction 11,Prior to beginning installation of street lights,the electrical contractor shall obtain an Electrical Pernift from the Building Division of the Meridian Public Works Departirmard Any deviation in street light locations from the approved plans must be approved in NOTES:1. CASING PIPE SHALL BE INSTALLED AT THE SAME SLOPE wriffing from the City Engineer AS THE CARRIER PIPE AND THE CARRIER PIPE SHALL BE CENTERED INSIDE THE CASING PIPE. ROADWAY 2. THE ENTIRE ANNULAR SPACE BETWEEN THE CASING AND . . . . . . . . CARRIER PIPES SPACE SHALL BE FILLED IN ACCORDANCE 1. ACHD or ITD Will inspect all work within the public right-of-way,to include utility trenches above the pipe zone. WITH THE ISPWC AND CITY OF MERIDIAN SUPPLEMENTAL SPECIFICATIONS. Id-I I I I I I 2. Traffic control beyond the provided under the prime roadway contract may be respired for these utility improvements All real traft contral shall conform to the requirements of ACHO,and the Manual on Uniform Tmffic Control Divides All required raffle control shall be dandiderd incidental to the project and no separate payment will be made. 3. Men dill work occurs prior to the prime madway construction,all utility benches located within the limit of the prime roadway project that must be kept open to two way traffic and within existing paved surfaced shall be restored with Type 7'manch maunder.Trench Z restoration is considered monsidary analmll be maintained under the dome madi contact folloi the Initial installation The initial manch repair mug be accepted by ACHD and the prime contractor before maintenance responsibility is damifered to the prime conwittor All temporary search restoration shall be considered incidental to the project and no separate payment shall be made. WATER 1. Construclion of the water system shall conform to the standards in the"Idaho Rules for Public Drinking Water Systems(IOAPA 58.01.01 as all as the standards and specifications referred to in Gemerai Construction Note No.I. Z Z The horizontal separation of potable water mains and non-potable water mains(sanitary sewer,stan drain,and irrigator)shall be a minimum of ten If 0)feet.Where it is necessary for a potable water murn and non-potable water main to cross with less 4 than eighteen(18)inches of vidUcal separation,the crossing shall be committed in accordance wth Section 542 07 of the Idaho Rules for Public Dmi Water Systems(IDAPA 58.01.08)and Section 430.02 of the wastewater Rules(jDAPA 58.0116). 1 401 APPROVED FOR 00 3. The horizontal suspension of num-pitable services and potable water services or potable water mains shall be a minimum of six(6)feet.Where it is necessary for a potable water main and non-potable water main to=as with less than eighteen(18) COMTRUI inches of"Ifical separation,the crossing shall be constructed in accordance with Section 542.07 of the Idaho Rules for Public Drinking Water Systems(IDAPA 58.01.08)and Section 430.02 of the Wastewater Rull(IDAPA 58.0116). These Plans wrordalosawadona,have dean mvi—iw corplorfice war Mai City Suesnowul d sialivations.T—Joe,nor Z 0 4 Place water service lines in a two(2)inch diameter pipe wherever the service line crosses a stomn water treatment faciffily(i.e seepage beds,drainage sales). Ze vill, 5. The Contractor shall be responsible for providing confinuours water seNces to all existing water users affected by construction.If water service must be interrupted,the Contractor shall coordinate with the Public Works Inspector. wwri.pri iamixi wfpord,-,--,a ui wid-1-61,-4-1 0 with the prime commit to minimize the amount of March ark in the paved areas that must remain am.a.u:y maddr.hai ad am—.na,wase-ovaid,sa oduad dY W 6. It is the intent of this project that all new waterline vork be performed in conjunction win ACHO's roadi reconstruction project.All water line work shaM be closely coordinated ay aaff show nor as deari a,wipromal viruses apaidawily Z '42 opentodeffic Man utility construction must occur prior to the roadway ark trenches shall be repaired with Temporary Type'i surface reateratuar See RoadwayNote#3 wormed in wriong cy d*City.Any proposed revision It,mass plone sual o&suprou".j. ..do,ophande viiin In.Mardian 01Y 7, Trench warning may be required to complete construction adinsted.Contractor is required to obtain necessary permits and doormats poor to atering dawartiming 6tandadds and Spedficatiuras biduse saw nasal, drailruQui SEWER Name solithan 1. Construction ofthe sewer system shall conform to the standards in the Wastewater Rules IDAPA 58.01.16)as well as the standards and specifications referred to in General Construction Note No 1. 2 The horizontal separation of potable water mains and nor-lilthible water mains(sanitary sewer,storm cran,and rogation)shall be a minimum of ten(10)feet.Where it is necessary for a potabse water main and non-potable water main to cross with less Z than eighteen(18)inches of vertical separation,the crossing shall be constructed in accordance with Section 542.07 of the Idaho Rules for Public Drinking Water Systems(IDAPA 58.01.08)and Section 430.02 of the Wastewater Rules IDAPA 58.01.16) 1 3. The horizontal separation of non-potable services and potable water services or potable water mains shall be a minimum of six(6)feet Where 0 is necessary for a potable water main and non-potable waWr main to cross with less than eighteen(18) inches of vertical separation,the crossing shall be constructed in accordance with Section 542.07 of the Idaho Rules for Public Drinking Water Systems(IDAPA 58,01.08)and Section 430.02 of the WasterviddearRulas(DAPA 58.01.16). 4, Place sewer service lines in a six(6)inch diameter water class pipe wherever the service line crosses a storimater treatment facility(i.e.,seepage beds,drainage rates). 5 It is the intent of this project that all new sewer line work be perhommid in conjunction virth ACHD's mardway reconstruction project.All sewer line ark shall be closely coordinated with the prime contact to minimize the amount of pench work an the paved areas that must remain open to hall When utility construction must occur pror to the roaclay work trenches shall be repared wth Temporary Type P"surface restoration.See Roadway Note#3 6 Trench clarwatering maybe required to complete construction actimbers Contractor is required to obtain necessary permits and approvals Imorto sharing dewatenng. Issis Z Z W 2 W > W Z 0 2 R 16 lissis W Z W Issis DATE-,MAY 2020 ORWNG:SHOJINIG JOB NO:E012 SHEET 2 Or 5 Exhibit B 'Pxhibit C City of Mefidime APPROVED FOR CONSTRUCTION in"1�1 ................ wiw Np.;'' 111;1111111111�111.'1'111!��.' R8048360200 ld.,11,ME"ill", j1do,C01 39 1181 Em 34+21 Win 0m, 6 Tory A.&Dona J.Manning 46'LT 11 np'i,"".11�.1. 7. _��A BED BY D aii ep PA- P/L P/L- P/ E �Ep L::— Es Li 0 Ep bil 7 3 5 9 10 12 13 31+03 Wa��&10'LT 31 00 32+00 AMITY ROAD 33+00 TT_ 0 LO _�80�eo_oo P/L P/L PA ......... ES Li z /L P/L P/L p/,————P/L PA——— L) R7811270010 [_4875� ol N 0 E S Robert M,&Linda U.Sanders 'x 16'(IPS)HOPE,AWWA C906,PE4710,DR7,WATER MAIN,ITEM 401.4.1.Al. PROVED 12"GATE VALVE,FLxMJ,ITEM 402.4.1 Al. NOTES; 1. CONSIDERED A DV WATER co THE CITY POTABLE THE NEW WATER MAIN WILL BE CONSTRUCTION MAIN FOR FUTURE CONNECTION TO 27 OLDW—OF ASSEMBLY PER MERIDIAN SD—Wl3,ITEM SP—MO4004. WATER SYSTEM. I >4 0 ffi w TI—pen. nift Mn —phanAe .I LOCATE STATION PER MERIDIAN SD—G5,M)A 401.4.1.C.l. 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PRESSURE sh Miind,w Cdy SWIW-di,in'd apAnfwns.Th'.——I.I. > TESTING THE NEW WATER MAIN AND PROVIDING ALL WATER niftne,th.--, olunwf oj the mpAnSiDIRLy w dmign NON—POTABLE PIPE CROSSING,SEE WATER NOTES ON SHEET 2. REQUIRED TO COMPLETE THE TEST, BACTERIA TESTING OF anWatv�"w iw��in—plion. in wini ismiubm, THE WATER MAIN SHALL NOT BE REQUIRED. niou'b",-I.—, JV(IPS)HOPE,AWWA C906,PE4710.DR7,FLANGE ADAPTER,INCIDENTAL TO PIPE ITEM. .11.1 h"I.III,cilyn:wn'".dp w nw.- tot N.Y lo 2o 4D so 16"X12"[MiaLE IRON REDUCER,FLXFiL INCIDENTAL TO PIPE ITEM. city swii sh.1 n�"'-"uuw.op—d n*.spfwly sdd,.,w by ft Qiy.An,qf�pd lininn..oft III— @CONCRETE THRUST BLOCK,INCIDENTAL TO PIPE ITEM. L DO lb�Zgwh�!.rsno—PA--,In 11,,M---CiIY SCALE;1'=20' Smi,161m iind 5*1winnn,ww'.nAd HAMMERHEAD THRUST BLOCK,INCIDENTAL TO PIPE ITEM. Nam scorien ,CU:HORIZ. Iiii-20 VERT, =2' 27 2704 ONG GROU 0 NM TIC 2702 2702 CROWN FINIS i GRIDE z 27DO 2700 > IRRIGATION 0 IRRIGATION 2698 L 2698 F 0 Ic 2696 10T' 2696 4=—=- J ME11:v ATM ANN p NEW 00 NO 1 2694 #PROXI z IN 2694 $1 AM DRAIN I ROSSINO SEE WATER NOTES ON SHEL7 2 2692 2692 DITE MAY M0 No:DESIGN— JOB NO:2DO12 "0 SH19 3 OF 5 2690�30 ..32 13 34 35 ExhibitC — 'Pxhibit D Clty of lillsirldloo APPROVED FOR CONSTRUCTION 0 400 y1lin.U1. d-n.1 Wel.1h. ncI'd.he Co.3 0._bi E'1_"� Ll 0 ftop and co'sn'ti 11, 1.7 R8048360200 F.."'.sni..a L..1 ftgvl.n� .............11.1. Ljj 0 Tory A.&Dona J. Manning S1226336401 Re,le.inj QLPE/P 1. F4750] 0 2 a a 0 Waite,Joseph M. 0 z 0 w Lij Ld V) P"t F". V) Ld EG EG EG —EP—EP—EP_u' EP— EP Li EP U) 40�+O ANAITY ROAD . . . . . . . . . . . . . . . . . ��36+00 37 27 2 %400 36+311 20 3 AMI]y ROAD 11LUIN 0 0 EP—EP EP— EP_ ip EP 0 + ===Yf t EG T + Ln 0 d LLJ Of z LLJ z )-.I 5"��" z —RIW—— KV V� E-4 C) < E-4 S1235223201 F-2955� in Two Valley Investment Properties Inc. Z 0 u Pq <z.0 0 N 0 T E S 0 -0,3/8�THICK STEEL CASING PIPE,MW 310.4.1.A.l. 0 z 20 — NOTES: 1. THE NEW WATER MAIN WILL BE CONSIDERED A DRY WATER 16'(IPS)HOPE,AWWA C906,PE4710,DR7,WATER MAIN,IIEM 401.4.1.ALI. MAIN FOR FUTURE CONNEC11ON TO THE CITY POTABLE Pq LOCATE STATION PER MERIDIAN SD—G5,FEM 401.4.1.C.l. APPROVED FOR WATER SYSTEM. NON—POTABLE PIPE CROSSING,SEE WATER NOTES ON SHEET 2. CONSTRUCTION 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PRESSURE TESflNG THE NEW WATER MAIN AND PROVIDING ALL WATER 0 10 20 40 6 2(Fjk)-4"SCHEDULE 40 RIGID PLASTIC CONDUIT(IRRIGQON AND ELECTRICAL have been reviewed for wmpliance REQUIRED TO COMPLETE THE TEST. BACTERIA TESTING OF I I I i SERVICE SLEEVE)WITH 1—#12 THWN LOCATE WIRE EXTEND SLEEVE A Specifitaiions,This review does not THE WATER MAIN SHALL NOT BE REQUIRED. MINIMUM OF 6'PAST HARDSCAPE SURFACES.M 1102.4.1.E.l. nvai of the re ponaii to design z 0 hei aniIQiia��_oi�i, bona,on linanms,� QU::HOI 1Z.:1:�_20 q re I q p i VERT, *-2':::: ..... ... wkinfloaCkyrelhinath rightto n1em.1nmosiaeociesni by .. . .. ..... . ....... a n ..... ......... .. .... . . ... ... C ly staff shaH not be tonsbued as approved u asispeoli ai dressed in wrilb g by the C:ih.Aiy proposed nev sion to Vai ns 270B ... w0h. be shwsl..n 17.1t, I ... . .. .... . 2708 S andards and Sp?mfintiors befb asiidimisionE mni qp�: ........ .... .. N inne sobrien . ......... Dite Sep 25;920 EX ISTI N G GROUND 0 2706 TBC 2706 4 :L .... . .. q. ... ... rNEN TBC ...... 2704 ... .... ... .... .. ....... . . p ... ... 2704 I F F F 4 q p ..... -------- p p I p > .... ... 1 77 ...... .... ... . .. .... .. w Z 0 2702 p p ::: :::. :::i'� .. ..... . ..... . 2702 .. . ....... . . .... "y L3 0) 16 q . .... ... . ....... . . . . .. . . . 4' /21 r1r: . . . 0 q ....... 0 ...... ....... 1 4[� Gmtu I p L3 2700 JE RCP 4 . ..... 4— 2700 IL ... ..... ... .... ... .. . r 9 �. I� 1 5 w IRRIGON: ....... . .... . . . . .. . : :,:�: q:::�::: :::::: : ::::: IRRIGATION I I I I. I I+ .�9 r:::ipp M N j q .... ... ROXIMATE LOCATION N WATER ... ... . p q L 2698 :::p p 2698 z p q I . . . ........ q p ::::: ::: ......... . 4 NO FITTINGS OR CONN.CTONS SHAI L+EIE INSfAi lb�Ok THE q UNI M . ... ... ... HOPE'*A,EN MAIN: OTHFRW k NOTED:b 4 THIEr TDPI;KING-2596,48 PLANS.TIE HOPE WAI T MAIN SHA 1:BE�INSTAI LED IN THE 2696 ... ..... .. ...... .... .. .......... ... ...... . ..... 2696 STEEL CNING Byr A G)MBINATION C F INSTAWNC A PORTION APPROAW rE LOCAn N NEW:WATER MAIN OF THE A ATER MAIN E EEPER AND I IENDING THE PIPE AT A 0+ ....... MAXIMUM 1/2 OF E MANUFACTL)RES:ALLOWED:BENDING DATE'MY 2020 :I ..... ':�: RAQ1V$' p i OWING:DES13i .... ........ 77—F0_LF_20-0�T&"WHICK M�ff�rwi_ .... .. JDB NO:20012 2694 ...... CENTERED N, JAM113ON LAT pi SEE DETAIL ION S 2694 35 36 37 38 39 40 — SHEET 4 OF 5 Exhibit D Exhibit E Item 20. City of Meridian 00 *0 0 A APPROVED FOR APPROVED FOR CONSTRUCTION CONSTRUCTION in Theini plivini nini.1—niine—hil—Pli.- n. .'h 1.ift IN�LPF Inifnin''in "inn" -10 id"in"�14 blirnarid,aN-P""t"n' -'eve'"'*Wi r.r.n.in-iirnei,npee'..' in.neii—aildy.danp anilmnilith�,winjLes in in.1, iniph.ln. 'ind "Aw 40.1$ rin"'44.110011 0( S12263364 I -Pin-ei,inflin "Whi. ��'1. in,— I,,,— h..�,nyneunr,weigh,iv--ii-neenin—`v"'by ...... 9 1,ft ly,,ny PMPNW flywinn,W ineini,P05 Waite,Joseph M. iiiiii—ind in me, ii, Cay.ia.n"not en,Win...PPdvniPW.11y ....... ..t.ininiz fW W-preii. in inn,W.W.C14 40 60 Swindino...apif.w- nni,inwo re,--...GW-. 46 LT 6 Name sobrien 43+59 ... ............ 10' 4 9 11 13 z ——PA—— P/L--::: V) PA————P/L— P/L— PA— F/L- 2 P/L Ep Lj cf) 597 _Y ROAD 43+00 44+00 47 45i 00 97 42+00 AM11 e 0 0 EP + EP EP EG 77777777, 0 P/L————P/L— P/L— PA— EP--- EP EP EF EG Ld E; z _j E-4 z S1235223201 < F29675 0 W* um,,, Two Valley Investment Properties inc� z Z A. 0 i<5 N 0 T E S 16'(IPS)HOPE,AWWA C906,PE4710,DR7,WATER MAIN.ITEM 401.4.1.Al. NOTES: 1. THE NEW WATER MAIN WILL BE CONSIDERED A DRY WATER F7F 27 BLOW—OFF ASSEMBLY PER MERIDIAN SD—W12,ITEM SP—MO4004. MAIN FOR FUTURE CONNECTION TO THE CITY POTABLE LOCATE STATION PER MERIDIAN SD—G5,ITEM 401.4-1-C.l. WATER SYSTEM. 0 16'(IPS)HOPE,AWWA C906,PE4710,DI FLANGE ADAPTER,INCIDENTAL TO PIPE ITEM. 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PRESSURE TESTING THE NEW WATER MAIN AND PROVIDING ALL WATER 0 10 20 40 60 16'DUCTILE IRON BUND FLANGE W/2'THREADED TAP,INCIDENTAL TO PIPE ITEM. REQUIRED TO COMPLETE THE TEST. BACTERIA TESTING OF 04 THE WATER MAIN SHALL NOT BE REQUIRED. sw:1�=20' 0.4 @ HAMMERHEAD THRUST BLOCK,INCIDENTAL TO PIPE ITEM. 0 MALE:HUM 1=20 VERT,"=2'. q 2710 2710 NEW CROMI ... 2708 . . . 1 1-1 1 1 2708 EXISTING GROUND >. lan Z Z 2706 2706 TBC z 2704 2704 F 2702 2702 WAO 0 lar ApPROVA 2700 z 2700 re 2698 DATE-,MAY 2020 MNG:MIGNAG Joe NO:20012 2696 2696 SHEET 5 OF 5 40 43 44 Exhibit E Item#21. E IDIA AHO AGENDA ITEM ITEM TOPIC: License Agreement Between City of Meridian and ProBuild, LLC for Meridian Police Department K9 Training Fage 362 C� fIEN . L �4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, City Attorney's Office Meeting Date: November 17, 2020 Presenter: Meridian Police Department Estimated Time: 1 minute Topic: License Agreement for Meridian Police Department K9 Training at Probuild Company LLC Recommended Council Action: Please approve this agreement and authority Mayor Simison to sign on behalf of the City Background: Meridian Police Officer R.J. Young has made arrangements with ProBuild to conduct training for canine patrol officers and units at their downtown Meridian facility (after business hours). Trainings of this nature ensure force readiness, promote productive relationships with local businesses, allow officers to become familiar with local business locations should those businesses need police assistance, and provide new training environments for the dogs and their trainers. This agreement establishes the terms and conditions of MPD's use of the ProBuild facility for this purpose. LICENSE AGREEME NT (MERIDIAN POLICE DEPARTMENT K9 TRAINING) This License Agreement (this "Agreement') is made and entered into by and between ProBuild Company LLC, a Delaware limited liability company("ProBuild'), and the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (the"!C�t "), effective as of the date last signed by both ProBuild and the City(the"Effective Date"). FACTUAL BASIS A. To help ensure force readiness,the Meridian Police Department conducts regular,periodic, tactical training for its canine patrol officers and canine units(the"Trainin'; B. The Training is conducted at local businesses in the City so that the City's canine patrol officers and canine units can experience unexpected, ne-%v environments, and so that the canine patrol officers and their police dogs are familiar with such locations should the need arise for police assistance; C. ProBuild conducts business at that certain property commonly known as 415 E.Broadway Avenue,Meridian,ID, 83642 (the"Premises"); and D. ProBuild is willing to license the Premises to the City for the purpose of conducting the training, all upon the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, ProBuild and the City hereby agree as follows: I. License. ProBuild hereby grants to City a limited, terminable, non-exclusive license to conduct Training at,upon and in the Premises. 2. Term, The term of this Agreement shall begin on the Effective Date and shall continue through 11:59 p.m. on July 31, 2021, unless earlier terminated by either party. This Agreement and the I icense granted hereby shall automatically be renewed from month to month thereafter unless written notice of terinination is given by either party to the other in the manner set forth herein. 3. Limitations; Requirements. (a) The City's may not use the Premises for any purpose other than for Training by and of Meridian Police Department full-time, active duty officers and their canine units (the "Permitted Use"). For purposes of clarity, the City will not permit any person, even if employed by the City in another capacity,other than full-time,active duty officers to enter the Pfernises during the course of the Training. (b) Such Training shall be conducted only during ProBuild's non-business hours, at times mutually agreeable to ProBuild and the City,as mutually determined and agreed upon at least one week in advance by ProBuild and the City. (c) At least one week in advance of each training session,the City shall submit to Mike Kruse ("ProBuild Is Local Manager")or to such other personas shall be designated by ProBui Id's Local Manager, in writing, a scope of training that includes a statement of those areas within the Premises that the City would like to access during the proposed Training session. Neither the City nor any active-duty officer conducting the training or being trained shall enter any area of the I Premises that has not been approved for access during the scope of such Training session. Without limiting the foregoing,unless previously agreed to in writing, neither the City nor any of its patrol officers have the authority to enter any area not approved for such training session, may not open any cabinets, drawers or the like,may not open any closed doors and may not, open ally unlocked compartments or areas. (d) The City shall have the right to exclude ProBuild's personnel from the Premises during the course of training sessions. Provided, however, neither the City nor its patrol officers shall enter the Premises unless ProBuild's Local Manager or such other person as shall be designated by ProBuild's Local Manager shall be present and grant such entry. (e) The City acknowledges that it has inspected the Premises and hereby accepts tile Premises for Training purposes in its present good and satisfactory order, condition, and repair. ProBuild makes no warranty or promise as to the condition, safety, or usefulness of the Premises for the Permitted Use;and the City accepts the Premises for use on all"as is,where-is"basis. (f) The City will leave the Premises in the same condition and manner as existed at the beginning of each Training session. 4. Indemnification, Insurance. (a) Notwithstanding anything to the contrary in the provisions of tile Idaho tort claims act, Idaho Code §§ 6-901 et seq. and notwithstanding any limitations (including policy limits) in the City's policies of insurance, the City shall reimburse, indemnify, defend and save PfoBuild harmless from and against all claims, actions, liabilities and expenses of whatsoever nature (including reasonable attorneys'fees)inconnection withloss of life,personal injury and/or damage to property) arising from or out of the City's use of the Premises or any part thereof, occasioned wholly or in part by any act or ornission of the City, its officers, agents, contractors or employees (including but not limited to the active duty patrol officers and their canine units). (b) If the City or any employee, agent or representative of the City(including but not limited to the active duty patrol officers and their canine units)causes any injury or daniage to the Premises in any manner, City shall reimburse ProBuild for the cost of all necessary repairs and/or replacement. (c) At all times during the term of this Agreement, the City will maintain general liability insurance containing the coverages set forth in City's Certificate of Insurance attached hereto as Exhibit'W'. 5. Notices. Any notice,request,demand or other communication required or permitted to be given under this Agreement shall be given in writing and shall be deemed to have been given (a) upon personal delivery, or (b) the next business day following deposit with FedEx or another nationally recognized overnight carrier with all charges paid for priority next day delivery in each case sent to the party to whom the communication is directed at the address shown below, or to such different address as the addressee will have designated by written notice sent in accordance herewith: K/O civ.- Meridian Police Department 1401 E Watertower Street Meridian,Idaho 83642 Attn: Police Chief t[to ProBuild. ProBuild Company LLC 2001 Bryan Street, Suite 1600 2 Dallas,Texas 75201 Attn: Vice President-Real Estate with a copy to: ProBuild Company LLC 2001 Bryan Street, Suite 1600 Dallas,Texas 75201 Attn: Real Estate Counsel 6. No Agen . It is understood and agreed City shall not be considered an agent of ProBuild in any manner or for any purpose whatsoever in City's use of Premises.Neither ProBuild nor any officer, employee or agent thereof shall be deemed an employee of City. ProBuild shall have no authority or responsibility to exercise any rights or power vested in City. Subject to the recognition that they be full- time, active duty police officers, the selection and designation of the personnel of City in the performance of this Agreement shall be made by City. 7, Breach; Cure, Termination. If either party is in breach or default of any of the terms, covenants or conditions of this Agreement, and fails or refuses to cure such breach or default within three (3) days' written notice thereof, or if either party deten-nines that termination is in its best interest, this Agreement, and all rights conveyed thereby, shall be terminated and forfeited by providing three(3)days' written notice; provided however, termination of this Agreement shalt not alter or affect, in any manner, the City's liabilities hereunder and all rights and privileges of ProBuild to pursue any available legal remedy shall survive such termination, 8. City Council Approval Required. By execution of this Agreement the undersigned Mayor of the City hereby represents and warrants that this Agreement has been approved by resolution of the City Council and upon execution of ProBuild shall be the legal and binding obligation of the City, 9. Miscellaneous. This Agreement contains tile entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. The statements set forth above as the Factual Basis are not mere recitals and are incorporated herein by reference for all substantive purposes. All exhibits, if any, to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. If any provision of this Agreement is held invalid,this Agreement shall automatically terminate. An electronic copy, telecopy or other facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein. V.General provisions. IN WITNESS WHEREOF,ProBuild and the City have executed this Agreement to be effective the day, month and year first hereinabove written. PROBUILD: ProBuild Company LLC, a Delaware limited liability company By: /'fl z 11'4',L/4 Z!t:—— Narne/Paul��tmK -4' Title: Vice President-Real Estate Attest: THE CITY: City of Meridian, a municipal corporation By: By: Name: Chris Johnson Name: Robert E. Simison, Title: City Clerk Title: Mayor Date: 11-17-2020 Item#22. E AHO AGENDA ITEM ITEM TOPIC: Temporary Construction Easement Granted from City of Meridian to Ada County Highway District (ACHD) for City Property Located at Locust Grove and Time Zone Road Fage 368 Project Name: Locust Grove Road,Victory Rd to Overland Road. Project No: 519034.001 Name:City of Meridian R/W Parcel No: 25 T3N, R1 E, Sec 20 APN: R5330140020 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 17th day of November -, 20-ZQ CITY OF MERIDIAN, an Idaho municipal corporation, hereinafter "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter"ACHD"; W I T N E S S E T H: FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to ACHD an easement (the "Easement") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described on Exhibit"A" attached hereto and by this reference made a part hereof(the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses By ACHD. ACHD's use of the Easement granted herein shall be in connection with the construction and improvement of a highway on adjoining and abutting property owned by ACHD municipally known as Locust Grove Road and Time Zone Road, (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to ACHD in connection with such highway construction and improvement project, and for ingress and egress to and from the Dominant Estate. 2. Use by Others Under ACHD. ACHD's right to so use the Servient Estate during the term of the Easement shall extend to use by ACHD's Commissioners, employees, contractors and agents. 3. Term. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminating on the completion of the highway construction and improvement project on the Dominant Estate. On the expiration of the term of this Easement,the rights and privileges granted to ACHD hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Servient Estate by ACHD, its Commissioners,employees, contractors and agents, hereunder,and including,without limitation, attorneys fees and costs that might be incurred by GRANTOR in defending any such claims. 5. Restoration on Expiration of Term. As provided on Exhibit "A" hereto, on the expiration of the term of this Easement the Servient Estate shall be restored by ACHD, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. TE - 1 of2 [t Ltitem442r2. Name:Locust Grove Road,Victory Rd to Overland Road. oject No: 519034.001 Name:City of Meridian R/W Parcel No:25 T3N,R1 E,Sec 20 APN: R5330140020 6. Binding Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of(i)ACHD AND GRANTOR, respectively, and their successors and assigns, and (ii)their respective interests in the Dominant and Servient Estates. 7. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. CITY OF MERIDIAN, an Idaho municipal corporation: Robert E. Simi Mayor. ('i1S PI IIAN NO Chris Johnson City Clerk ADA COUNTY HIGHWAY DISTRICT: David Serdar Right-of-Way Su ervisor m y Schechter Right-of-Way Review Appraiser/Agent NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TOBE RECORDED TE-2of2 Page 370 R7000650420 CTW ........ ...................... a W9 NOMA M- bz-aimu N'go -.-t'j 04 'pf 40T. A - I f5m:141 'A F:! X IM'A or 00 4.9 SM �+77- "I g a PL 0 gpi 2ml �Al CL .. .... .... .... a M-K U. NO mo ni z 9L) i zo Ics,5 [. � 0 0 3 f m ;7 co rp z 0 go i5 Item#23. E IDIA AHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Fiscal Year 2021 Net-Zero Budget Amendment Regarding Lakeview Golf Course Master Plan, Irrigation Audit, and Water Rights Fage 372 Item#23. Mayor Tammy de Weerd City Council Members: E IDIAN Joe Borton Genesis Milarn I Ty Palmer Luke Cavener iuAHO Treg Berrit Anne Little Roberts November 10, 2020 MEMORANDUM TO: Mayor & City Council FROM: Mike Barton, MPR Parks Superintendent R E: Net-Zero Budget Amendment The management agreement between the City and Western Ada Recreation District contains a provision to fund a master plan, irrigation audit, and water rights cleanup. The master plan work will have extensive public outreach that should be completed within six (6) months. During this process, we will have future conversations with Council that guide the finished plan to identify the best long-term management solution, fee structures, a capital improvement plan, and other operational processes. We are requesting approval of a budget amendment for $65,000 that will be fully reimbursed by agreement by the Western Ada Recreation District to fund these studies. c C) 0 0 z z rj 5 o o o 04 cr u 'CC CD w M M cn m 0 W W Ln 0 (U 0) M u u 41 U m W (U 0) m (U PC 4.r -0 -0 4.0 -0 4.r m m u U C:) r < F 2 om oru E (U 2 to 0- 6 m m r- E 0 m LU - CL — W , m a) a c c m > u > 10 LW c (U w L.L C) — 3: FA m E E (U E m m m :E z z z m E z r A rr t z C C a) c &R CU (U w Li E r M E E 4w. t - —— c 0 u c m m M 0 0 0 0 0 t CL CL a LL cu a) 0 0 0 0 0 E ai cu a LD �* 0 0 E .5 E c -:t eq 1� r� C� LR 0 tic w In .0 C c M tA ai c E CA in inliAllvi. 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L �4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Meeting Date: November, 17, 2020 Presenter: DC Joe Bongiorno Estimated Time: 5 minutes Topic: Fire Department: Citizen Recognition for Brieana Petersen and Presentation of Donation to Meridian Food Bank Recommended Council Action: Background: Citizen Recognition for 10-year-old Brieana Petersen. Fire Engine Crew 32 nominated Brieana for a citizen recognition award for setting up a lemonade stand and donating her tips to the homeless. Item#24. Original Date: 5/1/2011 E�-V Last Modification Date: 12/6/2019 AP-525 Chief Mark Niemeyer Form Meritorious Service Award and/ or Citizen Recognition Nomination Form One of the greatest recognitions a firefighter can receive is one that comes from his/ her peers. This E form is to be used to recognize acts of heroism/ bravery, performance that goes above or beyond an 0 individual's duty or outstanding service to our community. Please complete the form thoroughly and LL forward to the Fire Chief. C 0 This form is also to be used when recognizing a member or group within our community. Please use the appropriate sections when nominating a member of the community or community group for an C award. Todays Date-9/1,12020 Z Person Filling Out the Form C First Name Last Name Scott Warren C Im Employee or Crew you are Nominatincl for Meritorious Service Award 0 First Name Last Name C 4) CommunitV Member or Group you are Nominating for Citizen Recognition Award N First Name Last Name Brianna Petersen Award Vou are Nominating this emploVee or Crew for(check one) C Medal o Courage (Medal of Honor) El Medal of Valor M F-1 Distinguished Service Ej Suppression Employee of the Year F-1 Unit Citation F-1 Chief's Award of Excellence Non-suppression Employee of the Year Award Vou are Nominating a CommunitV Member or Group for(check one) I Ll I Citizen Heroism Award El I Citizen Life Saving Award U I L�j I Community Service Citation Award In detail, please describe on the next page why you feel this award should be given (please provide dates, times, locations and a detailed description of the event). 0 Im Once you have completed this form, save it using the "Save As" command under the "File" tab Im above, then email the saved copV to the Fire Chief. 0 Form AP-525 Meritorious Service Award and/or Citizen Recognitions Nomination Form Page 1 of 2 I know that this might not fit the criteria for this citation,maybe this would be best suited for a City recognition more so then the Fire Department,but I am going to give it a shot anyway.While Engine 32 was out finishing up some in district training,we noticed a young girl sitting on the side of the street with her dog.This young 10 year olds name was Brianna.She had set up a small Lemonade stand with of course some Lemonade and cookies.After we were done with our training we circled back around to find Brianna still there. We decided to stop and get a cookie and cup of Lemonade from her.When talking with her she said that she was trying to earn some money to save up for a few things that she wanted to buy and that all of her tips that she got was going to go to the homeless.Around this time one of the Ada County Sheriff Officers was returning home from work when he too stopped by to buy a cookie and some lemonade from this girl. This really touch me as she told us about why she was out selling lemonade and cookies. I couldn't help but think how awesome this was to see this young 10 year old girl willing,amidst all the crazy things going on right now,have the compassion to not only show dedication in trying to earn some money,but to think about others and wanting to help the homeless. It is people like this that do great things in our community,state and nation.She showed selflessness and love to others as she set out to help earn money for a stranger that has nothing.She might have made even a few firefighter's and police officer's day with some refreshing lemonade and E cookies:-).She has set an example to many in such a small and simple way.What a big heart she has! 0 Mothers name is Arnie Petersen and her phone number is 503-586-4847 L6 C 0 C Im E 0 Z C 0 C 0 0 This Section is to be Completed by the Awards Committee After review of this nomination, we the committee believe that (check only one): C This nomination should receive the award recommended by the nominating member. 4) N This nomination should receive an award, be we are recommending the following award: Name of award committee is recommending: This nomination should not receive an award base on the information provided. 0 Explanation: V C M V Signature of Committee Chair: Today's Date: 0 �w Please forward this form to the Fire Chief for final approval. M Form AP-525 Meritorious Service Award and/or Citizen Recognitions Nomination Form Page 2 of 2 Item#26. E IDIA AHO AGENDA ITEM ITEM TOPIC: Partnership Agreement Between Meridian Police Department and Washington State University Fage 380 C� MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: November 17, 2020 Presenter: Brian Caldwell Estimated Time: 10 Minutes Topic: WSU-MPD Partnership Recommended Council Action: Requesting Mayors Signature Background: [Provide context and reasoning for the recommendation] MEMORANDUM Meridian Police Department AO* 11/612020 To: Chief Jeff Lavey From: Lt. Brian Caldwell Subject: Washington State University and Meridian Police Department Officer Video Study The Meridian Police Department is partnering with the Washington State University Criminal Justice program and will be participating in their landmark study on how police departments can utilize body worn camera recordings to help determine how well their officers interact with the community. This research will focus on officer and citizen interactions where there is conflict and will help the Meridian Police Department make sure their officers are communicating effectively with the public. The Meridian Police Department will then be able to use this data to ensure their training classes and techniques are yielding the best results possible, a benefit for officers and citizens alike. WASHINGTON STATE q- UNWERSITY DATA USE AGREEMENT ORSO # 139452-001 PARTIES 1.1 THIS AGREEMENT is made and entered into by and between Washington State University (WSU), an institution of higher education and an agency of the state of Washington, and Meridian Police Department (MPD), a municipal police department located in the state of Idaho. In this Agreement, the above entities are jointly referred to as PARTIES. PURPOSE 2.1 This agreement provides the terms and conditions for a project which is of mutual interest and benefit to WSU and MPD. 2.2 The performance of such project is consistent, compatible and beneficial to the academic role and mission of WSU as an institution of higher education. DEFINITIONS 3.1 "Project Director(s)" shall be David A. Makin. 3.2 "MPD Liaison" shall be Lieutenant Brian Caldwell, an MPD employee designated by MPD to be the primary contact with the Project Director. 3.3 "SCOPE OF WORK" shall mean the project, under the direction of the Project Director, described in Attachment A—Scope of Work, and any other attachments which may provide additional information on the sponsored project to be performed. 3.4 "Confidential Information" shall mean information in written, graphic, oral or other tangible form protected by trade secret or other right of non-disclosure, including without limitation algorithms, formulae, techniques, improvements, technical drawings and data, and computer software. 3.4.1 Confidential Information shall not include information which: 3.4.1.1 was in the receiving party's possession prior to receipt of the disclosed information; 3.4.1.2 is or becomes a matter of public knowledge through no fault of the receiving party; 3.4.1.3 is received from a third party without a duty of confidentiality; 3.4.1.4 is independently developed by the receiving party; 3.4.1.5 is required to be disclosed under operation of law; 3.4.1.6 is reasonably ascertained by WSU or MPD to create a risk to a trial subject or to public health and safety. Page 1 of 8 3.5 "Copyright" shall mean any work developed under the Scope of Work that is subject to copyright under copyright law. 3.6 "Key Personnel"shall mean those employees and staff members of WSU selected and supervised by the Project Director that are needed to perform the Scope of Work. 3.7 "Proprietary Information" means all data, sequences, and any other information obtained or developed during the course of the Scope of Work. 3.8 "Trademark" shall mean any trade or service marks developed under the Scope of Work whether or not registered under either state or federal trademark law. 3.9 "MPD Body Camera Footage" means video and/or audio recordings created and maintained by MPD on Evidence.com and any recordings, copies, still photographs, or images created therefrom. IV. SCOPE OF WORK 4.1 MPD acknowledges that this Agreement is for the use of MPD Body Camera Footage in the performance of the SCOPE OF WORK as defined in Section 3.3 of this Agreement. WSU shall not use MPD Body Camera Footage for any purpose or in any manner not specifically set forth in this Agreement. 4.2 In order to facilitate WSU's performance of the SCOPE OF WORK, MPD shall provide approved Key Personnel with access to MPID Body Camera Footage for the limited and restricted purposes set forth in this Agreement. V. GENERAL TERMS AND CONDITIONS In consideration of the mutual premises and covenants contained herein, the PARTIES agree to the following terms and conditions. 5.1 Period of Performance. The specific period of performance for the SCOPE OF WORK shall be 1/1/2021 to 9/30/2023 unless a time extension is mutually agreed upon in accordance with Article 5.14 —Amendments. 5.2 Key Personnel and Communications. The Project Director may select and supervise Key Personnel as needed to perform the SCOPE OF WORK. No other person will be substituted for the Project Director except with MPD's written consent. Project Director and MPID Liaison shall mutually define the frequency and nature of any necessary communications. 5.3 Confidential Information. 5.3.1 To the extent allowed by law, WSU and MPD agree to use reasonable care to avoid unauthorized disclosure of MPD Body Camera Footage and Confidential Information, including, without limitation, taking measures to prevent creating a premature bar to a United States or foreign patent application. Each party will limit access to Confidential Information received from another party hereto to those persons having a need to know. Each party shall employ the same reasonable safeguards in receiving, storing, transmitting, and using MPD Body Camera Footage and Confidential Information that prudent organizations normally exercise with respect to Page 2 of 8 their own confidential information of significant value. Neither party is obligated to accept Confidential Information from the other. 5.3.2 Except for MPD Body Camera Footage, as set forth in section 5.3.4, Confidential Information must be designated as confidential at the time of disclosure. Written materials must be clearly marked, and oral disclosures must be identified as confidential at the time of disclosure and confirmed in writing within ten (10)days of disclosure. Confidential Information shall not be disclosed by the receiving party to a third party for a period of five (5) years from receipt of such information or until a patent is published or the Confidential Information is published by the disclosing party or unless the disclosing and receiving parties agree otherwise and in writing at the time of disclosure. Third parties shall include all governmental offices. 5.3.3 MPD Body Camera Footage, and any component, transcript, copy, or replication thereof, in any form or media, shall be considered and presumed to be Confidential Information. At any time during the term of this Agreement, or while WSU is in possession of MPD Body Camera Footage, upon the receipt by WSU of any public record or other legal request to view or obtain copies of MPD Body Camera Footage, WSU shall promptly notify MPD of such request and shall consult with MPD in determining what MPD Body Camera Footage, if any, may be disclosed under applicable law to the requestor. MPD shall provide direction and assistance to WSU in responding to such a request and shall assist in the redaction of MPD Body Camera Footage and/or the preparation of an exemption log in accordance with applicable Idaho and Washington law. 5.3.4 It is understood that as an educational institution of the state of Washington, WSU is subject to Washington State laws and regulations including the Washington Public Disclosure Act, RCW 42.56 et seq. (http://apps.leg.wa.gov/RCW/defauIt.aspx?cite=42.56). If a Public Disclosure Act request is made to view MPD's Body Camera Footage or other Confidential Information, WSU will promptly notify MPD of the request, such that MPD has the opportunity to seek a court order enjoining disclosure. WSU will work collaboratively with MPD to identify any applicable exemption(s) to disclosure and appropriately redact the information to be released. The release of MPD Body Camera Footage and/or data will be limited to only those records that must be released to comply with the request. It is a specific term of MPD's conveyance of the Body Camera Footage to WSU for the purposes set forth in this Agreement that public access to such records shall be restricted as set forth in both the Idaho Public Records Act regarding investigatory records of a law enforcement agency, including, without limitation, Idaho Code section 74- 105(l), and the Washington Public Records Act regarding investigative, law enforcement, and crime victims under RCW section 42.56.240(14). 5.4 Procedure to Protect Privacy. 5.4.1 MPD will provide to WSU a list of all MPD Body Camera Footage meeting the following criteria: incidents involving use of force, criminal code violations, and traffic stops. WSU will randomly select MPD Body Camera Footage for sharing to the Evidence.com portal used by WSU. Page 3 of 8 5.4.2 Access to the MPD Body Camera Footage by the Project Director and Key Personnel will occur through the cloud storage system of Evidence.com. This video cloud system provides access to the archival MPD Body Camera Footage. The video portion of the MPD Body Camera Footage is then coded through this platform. Using this system allows WSU to stream the footage from the cloud system. WSU shall neither store nor download any MPD Body Camera Footage on the WSU system, or on any other system. While WSU has narrowed the categories of interactions for analysis, they additionally require that if coders are viewing a video that meets any of the following criteria, they will stop coding: recordings taking place within a hospital, and those recorded in a personal residence. With these narrowed categories and specific exemptions, data coded will reflect those interactions taking place in the public space. Additionally, the Project Director and Key Personnel who encounter a person they know, are required to stop coding, report the video, and WSU will assign another person to code the video. Information collected through this analysis contains no personal identifiable information. WSU has provided the codebook to the WSU Institutional Review Board (IRB)for their review. 5.4.3 Results from the coded videos are then used to inform the analysis. Protocol for this is included in the Provisional Patent and if deemed necessary WSU will provide the Provisional Patent and explanation of this process to the WSU IRB. Video of the recorded interaction will be stored only on Evidence.com and WSU will not download or store such video on any WSU or other system. No audio of the recorded interaction will be required, used, downloaded, or stored on any WSU or other system. 5.5 Publication. WSU reserves the right to publish or permit to be published by WSU employees the results of the SCOPE OF WORK undertaken by WSU employees. To prevent untimely disclosure or exploitation of MPD Confidential Information, WSU shall provide MPD Liaison with a copy of any proposed publication resulting from the SCOPE OF WORK at least thirty (30) days prior to submission for publication. MPD shall have thirty (30) days (the "Pre-publication Review Period") from receipt of the draft to review the proposed publication. If MPD objects to information included in the proposed publication, WSU will at MPD's request remove such MPD information prior to submission for publication. MPD may request that WSU's submission of the draft for publication be delayed for up to sixty(60)days beyond the end of the Pre-publication Review Period. If MPD seeks to delay publication, MPD shall make such request in writing prior to the expiration of the Pre-publication Review Period together with identification of the information or materials of concern and reasons why delay is warranted. WSU may delay publication by ninety(90) days to allow WSU or MPD, as the case may be, to seek patent protection. 5.6 Publicity. MPD shall not include the name of Washington State University, WSU, Washington State University Research Foundation, WSURF, or any of either entity's Trademarks in any advertising, sales promotion, or other publicity matter without prior written approval of the President of the WSU or his or her designee. WSU shall not include the name of Meridian Police Department, City of Meridian, or either entity's trademarks in any advertising, sales promotion, or other publicity without prior written approval of the MPD Liaison or his designee. Page 4 of 8 5.7 Termination for Convenience. This Agreement may be terminated by either party hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred prior to the date of termination. In the event of Termination for Convenience of this Agreement by MPD, MPD shall pay all reasonable costs and non-cancelable obligations incurred by WSU as of the date of termination. 5.8 Termination for Cause. In the event either party shall commit any material breach of or default in any terms or conditions of this Agreement, and also shall fail to remedy such default or breach within seven (7) days after receipt of written notice thereof, the non-breaching party may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party to that effect. Termination shall be effective as of the day of receipt of such notice. 5.9 Termination Obligations. Termination of this Agreement shall not relieve either party of any obligations incurred prior to the date of termination including the duty to protect MPD Body Camera Footage or other Confidential Information from disclosure or other use not specifically authorized by this Agreement. 5.10 Data Rights. Copyright in all material created by WSU as part of this agreement shall be the property of the WSU. Both MPD and WSU may use these materials for any internal purpose. This material includes, but is not limited to: books, computer programs, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, training materials, and/or tools WSU develops for automated analysis of body camera footage and/or audio recordings. Material which WSU provides and uses to perform this agreement but which is not created for or paid for by MPD shall be owned by WSU or such other party as determined by Copyright Law and/or WSU's internal policies; however, for any such materials, WSU hereby grants (or, if necessary and to the extent reasonably possible, shall obtain and grant) a perpetual, royalty free, non-exclusive license to MPD to use the material for MPD internal purposes. 5.11 Dispute Resolution. Except as otherwise provided in this Agreement, when a dispute arises between the PARTIES and it cannot be resolved by direct negotiation, any party may request a dispute resolution panel (DRP). A request for a DRP must be in writing, state the disputed issues(s), state the relative positions of the PARTIES and be sent to all PARTIES. PARTIES must provide a response within thirty (30) days unless the PARTIES mutually agree to an extension of time. Each party shall designate a representative. The representatives shall mutually select an additional member. The DRIP shall evaluate the facts, Agreement terms, and applicable statutes and rules and make a determination by majority vote. All costs of convening and/or hiring the DRP shall be borne by WSU. The decision is binding on the PARTIES. Nothing in this Agreement shall be construed to limit the PARTIES' choice of a mutually acceptable dispute resolution method in addition to the dispute resolution procedure outlined above. 5.12 Disclaimer. WSU MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO THE CONDITIONS OF THE SCOPE OF WORK, SPONSORED PROJECT OR ANY INTELLECTUAL PROPERTY, GENERATED INFORMATION, OR PRODUCT Page 5 of 8 MADE OR DEVELOPED UNDER THIS AGREEMENT, OR THE OWNERSHIP, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SPONSORED PROJECT, SCOPE OF WORK, OR RESULTING PRODUCT. 5.13 Indemnit . Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. 5.14 Amendments. This Agreement may be amended by mutual agreement of the PARTIES. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the PARTIES. 5.15 Assignment. The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 5.16 Notices. Any notice or communication required or permitted under this Agreement shall be delivered by overnight courier, or by registered or certified mail, postage prepaid and addressed to the party to receive such notice at the address given below or such other address as may hereafter be designated by notice in writing. Notice given hereunder shall be effective as of the date of receipt of such notice: WSU: Name/Title: Dan Nordquist Phone: (509) 335-9661 Address: Lighty 280 / PO Box 641060 E-mail: orso@wsu.edu City/State/Zip: Pullman, WA 99164-1060 MPD: Name/Title: Lt. Brian Caldwell Phone: (208) 846-7339 Address: 1401 E. WatertowerAve Fax: (208) 846-7366 E-mail: bcaldwell@meridiancity.org City/State/Zip: Meridian ID 83642 5.17 Governing Law. This Agreement shall be governed by the laws of the state of Washington. 5.18 Compliance with Laws. MPD understands that WSU and MPD are subject to United States laws and federal regulations, including the export of technical data, computer software, laboratory prototypes and other commodities (including the Arms Export Control Act, as amended, and the Export Administration Act of 1979), and that MPD's and WSU's obligations hereunder are contingent upon compliance with applicable United States laws and regulations, including those for export control. 5.19 Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. Page 6 of 8 5.20 Order of Precedence. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable statutes and regulations; 2. Terms and Conditions contained in the basic Agreement; 3. Attachment A—Scope of Work; This Agreement contains all the terms and conditions agreed upon by the PARTIES. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the PARTIES hereto. IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement to be executed as of the date set forth herein by their duly authorized representatives. WASHINGTON STATE UNIVERSITY CITY OF MERIDIAN Digitally signed by Dan Nordquist Date:2020.10.23 12:07:34 LDVP,Authorized Official -0700' N a Aep. Name: Robert E. Simison Title: Title: Mayor Date: Date: 11-17-2020 Attest: Chris Johnson, City Clerk Page 7 of 8 ATTACHMENT A— SCOPE OF WORK ORSO # 139452-001 This research concerns the development of baseline measures for Use of Force and emotionally intense interactions. WSU will code police interactions as they occur within the community. This coding of police interactions concerns two primary areas: Use of Force and Procedural Justice. By coding this video, WSU can contextualize what situational and dynamic factors were associated with use of force and procedural justice. As they gain better insight into the factors associated with use of force and procedural justice, they are better able to inform policy and practice to improve police-citizen interactions. Additionally, this research will involve the development of a tool for automated analysis and classification of body camera footage as to intensity. When fully developed, this classifier will allow agencies to be able to analyze their recorded footage to identify those interactions that display high intensity. Application of such classifier include early identification of high-intensity interactions in order to monitor officer response and needs. For example, an officer who underwent a traumatic incident may subsequently change their interactions with people in the field. Currently, the primary way an agency would know of this change is through a complaint or self-reports by the officer. This delay getting assistance to the officer and increases the risk to the public. With WSU's research, an agency would be able to notice this early and intervene to address the issue — by providing support. The potential benefits of this research will allow for the development of early warning systems, verification of police adherence to agency protocol, and allow us to better understand the situational and dynamic factors associated with procedural justice and use of force. In conducting this research and development, WSU will neither download IVIPID Body Camera Footage, nor retain video or audio data from such footage. No IVIPID Body Camera Footage will be included in any patent applications related to this research or any related products/tools developed by WSU. Page 8 of 8